HomeMy WebLinkAbout004 06 89LAND USE AND DEVELOPMENT MINUTES
April 6, 1989
Minutes of the regular meeting of the Land Use and Development
Commission held in the city municipal building April
6, 1989.
Present: Acting Chairman Pete Anderson, Commission members:
Kent Kearns, Myrna Cain, Jerry Tydeman, Richard Pearson,
Council Representative Dwaine Kinghorn, Fire Chief
Cary Campbell; Public Works Director Steve Smart~ Project
Engineer Gerd Dixon, Attorney Tom Holmes, Secretary
Myrna Crapo.
Meeting called to order by acting chairman Pete Anderson
at 7:30 pm.
Acting chairman Pete Anderson asked for additions or corrections
to the minutes. Kent Kearns wanted the correction
of his name as it had been spelled in places as Kunz
instead of Kearns. There being no other corrections
Kent Kearns moved to accept the minutes as corrected
with Myrna Cain seconding the motion. All commission
members voted in favor.
PUBLIC HEARING:
1. A PROPOSAL BY NELDA GAE KUGLER, 5156 GALENA FOR A conditional
Use Permit for a Day Care Center in her home. Property
is presently zoned R-2, Limited Residential.
Acting Chairman Pete Anderson asked for a report by
the city staff. Cary Campbell explained to the commission
that he had check out her home and she could have 11
children if she use the front room and kitchen and
18 children if she used the entire house (that number
would include adults).
Attorney Holmes explained the Day Care Ordinance that
the city has.
Nelda Kugler, 5156 Galena addressed the commission
and explained that she wanted to have 11 students at
any one time. The hours would be from 9 to 11 and
12:30-2:30. It would be a pre-school.
The commission then discussed the following:
1. Traffic patterns in the area
2. Health & welfare guidelines
3. Modifications of the home to bring it into compliance
4. The number of students and the months they will
be there.
5. Parking Availability.
Acting Chairman Pete Anderson then opened the meeting
for the public hearing. There was no public comment
so the public hearing was then closed and opened to
discussion by the commission.
Land Use and Development Commission
April 6, 1989
Page 2
Kent Kearns made a motion that we allow the Conditional
Use Permit to operate the Pre-School based upon continuing
licensing with the City of Chubbuck. Myrna Cain seconded
the motion. Roll call vote: Myrna Cain, yes: Jerry
Tydeman, yes; Pete Anderson, yes; Kent Kearns, yes:
Richard Pearson, yes; Dwain Kinghorn, yes.
2. A PROPOSAL BY DONALD B. MITCHELL, 261 BRISCOE FOR A VARIANCE
from minimum lot width with the intent to move a previously
approved production dwelling closer to street instead
of at rear of lot. Property is presently zoned R-2
Limited Residential.
Public Works Director Steve Smart explain the application
and where the production home would sit on the lot
and the past history on the Mitchell's.
Mrs. Donald Mitchell described her feelings on the
land. They had acquired this land before the new zoning
ordinance.
Acting Chairman Anderson opened the meeting to public
comment. There was no one present so the public hearing
was closed. The meeting was then opened for commission
discussion.
Attorney Tom Holmes explained the background on the
Mitchell's requests.
Mrs. Mitchell explained her circumstances. Chairman
Anderson then read the requirements of a variance as
contained in the city's municipal code.
A discussion was had on the previous conditional use
permit that had been granted the Mitchell's.
Richard Pearson moved that we grant the variance from
the minimum lot size so they can move that production
building up and take the place of where the single
trailer is now provided they meet all the requirement
of the R-2 zoning that's in that neighborhood. Kent
Kearns seconded the motion.
Roll Call vote: Myrna Cain, yes; Jerry Tydeman, yes:
Pete Anderson, abstain; Kent Kearns, yes: Richard Pearson,
yes: Dwaine Kinghorn, No.
3. A PROPOSAL BY TETON CELLULAR OF IDAHO LIMITED PARTNERSHIP,
5990 Greenwood Plaza Boulevard, Englewood, Colorado
for a conditional use permit to erect a 300 foot cellular
transmitting and receiving tower and mobile telephone
switching office on Laurel Lane east of the Alpine
Trailer Sales, 5050 Yellowstone Avenue. Property is
presently Zoned I (Industrial) and C-2 (General Commercial).
Land Use and Development Commission
Apri~ 6, 1989
Page 3
Acting chairman Pete Anderson asked for comments from
the City Staff. Steve Smart, Public Works Director
gave the background on this request. The city had
changed the ordinance a couple of months ago to allow
them to apply to the city by increasing the maximum
height allowed.
Mr. Smart showed the location of the tower.
Kelvey McDaniels, 5990 Greenwood Plaza Blvd, Englewood,
CO. addressed the commission. He explained that there
would be no interference with other frequences. They
had to comply with the FAA requirements and go before
that commission.
Acting Chairman Anderson opened the meeting to public
comment.
Ray England, 11953 N. Hawthorne stated his objections
to the height of the tower and because of what it will
do to the area as far as appearance.
Gerd Dixon stated that the current towers such as KSEI
are not noticeable.
Kelvey McDaniels told the commission they have ran
studies of the area of coverage. He showed the commission
how they determined the coverage area. This was the
best area they could locate in.
The public hearing was closed.
Chairman Anderson then opened the meeting to discussion
by the commission.
The commission addressed the following:
1. Lenght of time for the tower would be indefinite.
2. It would be the 1st celuar tower in the area.
3. The type of development we would be able to build
around the tower.
4. The guide wire, base of tower, and building being
fenced off.
5. The tieing up of building development and the tax
base for the area.
6. The advantages to locate here rather then in the
mountains.
7. More line of site services with it built in town.
8. It will have to meet the minimum building codes.
9. Noise problem with the wind.
lO.Guide wires being situated so Laurel lane could
be use.
ll.It represents progress for the area
Land Use and Development Meeting
April 6, 1989
Page 4
Acting chairman Anderson expressed concerned about
asthetic quality. The valley floor looks cluttered
already. Do we want to have that in our community,
in our downtown core?
Dwain Kinghorn moved to deny the conditional use permit
as it was presented.
Motion died for lack of a second.
Richard Pearson moved to grant the conditional use
permit for the tower to be located provided all other
regulations and condtions are met. Jerry Tydeman seconded
the motion.
Roll call vote: Myrna Cain, yes; Jerry Tydeman, yes;
Pete Anderson, no; Kent Kearns, yes: Richard Pearson,
yes; Dwaine Kinghorn, No.
The meeting adjourned at 9:06 p.m.
Pete And~o~, -Acting
airman~ ~
y a- ~po, -S-ecreta~y
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CITY OF CHUBBUCK
LAND USE AND DEVELOPMENT COMMISSION
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
This matter having come before the Commission for public
hearing pursuant to public notice as required by law, on
April 6, 1989, upon the application of Nelda Gae Kugler
(hereinafter referred to as "applicant") for a conditional use
permit to operate a pre-school/day care center on the real
property located at 5156 Galena and the Commission having heard
testimony from interested parties and being fully advised in the
matter, now makes the following:
FINDINGS OF FACT
1. Applicant has applied for a conditional use permit as
particularly described above.
2. All legal requirements for notice of public hearing have
been met.
3. The property in question is zoned A-2, Limited
Residential pursuant to the Land Use Ordinance of the City of
Chubbuck.
4. The property is designated as R-2, Limited Residential
in the duly adopted Comprehensive Plan of the City of Chubbuck.
5. Relevant criteria and standards for consideration of
this application are set forth in Section 18.28.040, Chubbuck
Code.
6. The facts relevant to an evaluation of the relevant
criteria and standards are as follows:
A. No neighbors have objected.
B. Traffic disruption on this residential street would be
minor.
C. The increased traffic would be at times of the day
which have minimal impact on the neighborhood.
D. Applicant will seek or has sought appropriate licensing
approvals for this day care from the City.
BASED UPON THE FOREGOING FINDINGS OF FACT, the Land Use and
Development Commission hereby enters the following
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1
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CONCLUSIONS OF LAW
1. The use for which the permit is sought will not be
injurious to the neighborhood or otherwise detrimental to the
public health, safety or welfare.
2. The permit sought will not produce an adverse impact on
the economic values of adjacent properties.
3. The permit sought will not produce a negative impact on
transportation facilities, public utilities, schools, public
parks, or the natural environment any greater than had the strict
terms of the Land Use Ordinance been complied with.
4. The noise and traffic conditions generated by the use
for which the permit is sought, when analyzed in conjunction with
the noise and traffic conditions now existing does not indicate
that the permit should be denied.
5. The use for which the permit is sought shall not work an
unreasonable hardship upon surrounding property owners by virtue
of its physical nature or by the impact of changes made in the
landscape of the land.
6. The aesthetic qualities of the proposed use will not
conflict with aesthetic qualities of the surrounding lands.
7. The adverse impact of the proposed use on other
development within the City has been minimized by Applicant as
much as is reasonably possible.
8. Owners of adjacent property have not expressed approval
of the issuance of the requested conditional use permit.
9. The requested conditional use permit, if granted, should
be maintained subject to the conditions set forth below.
DECISION
1. The Land Use and Development Commission, pursuant to the
foregoing, finds that the request of the applicant should be
approved.
2. The following conditions, if any, are hereby imposed
upon the granting of said conditional use permit and applicant,
by taking advantage of said conditional use permit agrees to the
imposition of the same:
A. Continuing license of the facility by Chubbuck.
3. The Conditional Use Permit requested by the Applicant is
granted, subject to the foregoing conditions.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2
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AD
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DATED this day of , 1989.
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LANDU E AND DEVELOPMENT COMMISSION
b a
By:
C IRMAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3
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l
CITY OF CHUBBUCK
LAND USE AND DEVELOPMENT COMMISSION
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION
This matter having come before the Commission for public
hearing pursuant to public notice as required by law, on April 6,
1989, upon the application of Donald B. and Mary Mitchell
(hereinafter referred to as "applicant") for a variance from the
minimum lot width to allow for a 51 1/2' lot width instead of a
60' lot width on the real property located at 261 Briscoe
and the Commission having heard testimony from interested parties
and being fully advised in the matter, now makes the following:
FINDINGS OF FACT
1. Applicant has applied for a variance as particularly
described above.
2. All legal requirements for notice of public hearing have
been met.
3. The property in question is zoned R-2 (Limited
Residential) pursuant to the Land Use Ordinance of the City of
Chubbuck.
4. The property is designated as R-2 (Limited Residential)
in the duly adopted Comprehensive Plan of the City of Chubbuck.
5. Relevant criteria and standards for consideration of
this application are set forth in Idaho code § 18.28.030.
6. The facts relevant to an evaluation of the relevant
criteria and standards are as follows:
A. A conditional use permit has been issued to applicant
allowing a Class II production building to be placed upon this
property.
B. Placing the Class II production building 20' back from
the corner of the patio will necessitate extending the water and
sewer lines.
C. That location will additionally put the building next
to the neighbor's horse corral.
D. The proposed site would have a 9' side yard on the west
and would be 4 1/2' from the lot line and 9 1/2' from the
existing home on the east.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1
chbbck05.011
it moved in.
BASED UPON THE FOREGOING FINDINGS OF FACT, the Land Use and
^ Development Commission hereby enters the following
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CONCLUSIONS OF LAW
1. The use for which the permit is sought will not be
injurious to the neighborhood or otherwise detrimental to the
public health, safety or welfare.
2. The permit sought will not produce an adverse impact on
the economic values of adjacent properties.
3. The permit sought will not produce a negative impact on
transportation facilities, public utilities, schools, public
parks, or the natural environment any greater than had the strict
terms of the Land Use Ordinance been complied with.
4. The noise and traffic conditions generated by the use
for which the permit is sought, when analyzed in conjunction with
the noise and traffic conditions now existing does not indicate
that the permit should be denied.
5. The use for which the permit is sought shall not work an
unreasonable hardship upon surrounding property owners by virtue
of its physical nature or by the impact of changes made in the
landscape of the land.
6. The aesthetic qualities of the proposed use will not
conflict with aesthetic qualities of the surrounding lands.
7. The adverse impact of the proposed use on other
development within the City has been minimized by Applicant as
much as is reasonably possible.
8. Owners of some of the adjacent property have not
expressed approval of the issuance of the requested conditional
use permit.
10. The requested conditional use permit, if granted,
should be maintained subject to the conditions set forth below.
DECISION
1. The Land Use and Development Commission, pursuant to the
foregoing, finds that the request of the applicant should be
approved.
2. The following conditions, if any, are hereby imposed
upon the granting of said conditional use permit and applicant,
by taking advantage of said conditional use permit agrees to the
imposition of the same:
A. If the building is damaged, that it be repaired after
it moved in.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2
chbbck04.272
3. The variance requested by the Applicant is granted,
^ subject to the foregoing conditions.
DATED this 1p day of , 1989.
LAND USE AND DEVELOPMENT COMMISSION
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i
By:
CAIRMAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3
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