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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 Y 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 dsc chbbck04.281 Aq4 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 dsc chbbck04.281 AD 4 DATED this day of , 1989. r LANDU E AND DEVELOPMENT COMMISSION b a By: C IRMAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbck04.281 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 r-1 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 r*N i By: CAIRMAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 chbbck05.011