HomeMy WebLinkAbout001 05 89LAND USE AND DEVELOPMENT MINUTES
January 5, 1989
Minutes of the regular meeting of the Land Use and Development
Commission held in the city municipal building January
5, 1989
Present: Chairwoman Sue Parrish, Commission Members: Myrna
Cain, Pete Anderson, Robert Allen, Bob Anderson, Jerry Tydeman,
Kerry Ellis, Richard Pearson, Council Representative Dwain
Kinghorm, Attorney Tom Holmes, Public Works Director Steve
Smart, Fire Chief Cary Campbell, and Secretary Myrna Crapo.
Meeting Called to order by Chairwoman Sue Parrish at 7:30
PM.
Chairwoman Sue Parrish asked for a motion to approve the
minutes of the November 3, 1988 meeting. Myrna Cain moved
to approve the minutes as written. Richard Pearson seconded
the motion, with all commission members voting in favor.
PUBLIC HEARING
1)
A PROPOSAL BY DONALD B. MITCHELL, 261 BRISCOE FOR A
Conditional Use Permit to allow a Class II Mobile Home.
property is presently zoned R-2, Limited Residential.
Chairwoman Sue Parrish opened the public hearing.
Mary Mitchell, 261 Briscoe addressed the commission.
She asked that the August minutes be corrected to show
that her grandson was at Blackfoot instead of St. Anthony.
She explained that they had a 120' frontage total.
The frontage for the double wide would only be 55 1/2
feet and the requirement was 60' The city is requiring
them to move back 20' near a horse corral and she didn't
feel that it was fair.
Gary Ar~chibald 251Briscoe expressed concern about
Mitchell's following the rules of the city and how
the trailor would look.
The meeting was opened to questions from the land use
board to those in attendence.
Attorney Holmes explained the site drawing. He also
advised the commission that the existing trailer is
to be moved by February 1.
Steve Smart explained where the trailor need to sit
on the property.
Donald B. Mitchell, 261Briscoe, explained that Cary
Campbell inspected the trailor to see if it met the
requirements.
Land Use and Development Commission
JanUary 5, 1989
Page 2
DONALD B. MITCHELL CONDITIONAL USE CONTINUED.
The commission discussed the:
a. Requirements for the trailer
b. The previous application for a variance and conditional
use
c. The placement of the trailor
Steve Smart advised the commission that the trailor
met the criteria of the city on the exterior structure.
Mr. Archibald, 251 Briscoe, told the commission that
he did not object to the trailer as long as it meets
the requirements of the Land Use Board. He expressed
concern over the looks of the trailor since he hadn't
seen it.
Ray Coles, 227 Briscoe Road felt that as long as the
requirement of the city were met and it looked like
a home that it would be allright.
Jerry Tydeman made a motion to accept this application
providing, that if the house is moved in and the siding
is banged up or something that it is repaired and that
it looks decent and that all other conditions are met,
that we grant this conditional use permit.
Dwain Kinghorn asked to amend the motion to read that
it have a permanent foundation, permanent steps, and
be set in there permanently like any other home in
the neighborhood.
Richard Pearson seconded motion as amended. Roll call
vote on the amendment, Pete Anderson, abstain; Myrna
Cain, yes; Jerry Tydeman, yes; Kerry Ellis, yes; Bob
Anderson, yes; Sue Parrish, yes; Robert Allen, yes;
Richard Pearson, yes; Dwain Kinghorn, yes.
Roll call vote on the motion, Pete Anderson, abstain;
Myrna Cain, yes; Jerry Tydeman, yes; Kerry Ellis, yes;
Bob Anderson, yes; Sue Parrish, yes; Robert Allen,
yes; Richard Pearson, yes; Dwain Kinghorn, yes.
2). A PROPOSAL BY SANAYE OKAMURA, 107 Turaco, Pocatello
for property at Southeast corner-Siphon and Yellowstone
for: a. Change in land Use District upon requested
annexation to General Commercial, (C-2), b. Conditional
Use Permit for a proposed Postal Service Facility.
Chairwoman Parrish asked if anyone was here representing
the applicant. No one was present. Engineer smart
gave the council some background on this application
and suggested that due to the circumstances that they
proceed with the application.
Land Use and Development Commission
January 5, 1989
Page 3
PROPOSAL BY SANYE OKAMURA, CONTINUED.
Chairwoman Sue Parrish read into the minutes a letter
dated December 29, 1988 from Sanaye and Paul Okamura
requesting that the annexiation become null and void
after 120 days if not sold.
Sue Parrish expresses concern over annexing only that
portion of ground requested and not everything between
the city limits and requested ground.
The Commission then discussed:
1. Annexation of all property
2. Helping with this development all we could
3. Granting annexation upon their getting post office
Chairwoman ?arrish opened the public hearing.
Mark Bunce, 755 E. Chubbuck questioned the procedure
of the commission. He wondered if we could transfer
a conditional use permit.
Attorney Holmes informed the commission that we could
allow a transfer.
Glen Marshall, Box 250, Pocatello, informed the commission
that the land will be deeded to the postal service
upon the choosing of a succesful developer.
Chairwoman Sue Parrish opened the meeting for discussion
by the commission.
The Commission then discussed:
1. Accommodating applicants by holding special meetings.
2. Construction standards and our standards ordinance
3. Where permitted in the city
4. Curb, gutter, fire hydrants
5. Subdividing Of proper~y
6. Right of way for the road
Robert Allen moved that we recommend to the City Council
that they annex the 15 acres requested by Okamura's
into the city with a General Commercial (C-2) classification.
Myrna Cain seconded the motion. Roll call vote: Pete
Anderson, abstain; Myrna Cain, yes; Jerry Tydeman,
yes; Kerry Ellis, yes; Bob Anderson, yes; Sue Parrish,
yes; Robert Allen, yes; Richard Pearson, yes; Dwain
Kinghorn, yes.
Pete Anderson informed the commission that the city
needs to notify the people that a conditional use is
required by Chubbuck for the post office.
Land Use and Development Commission
January 6, 1989
Page 4
The commission then discussed:
1. Land improvement ordinance
2. Benefits of others requesting annexation into the
city
Robert Allen Moved that we approve a conditional use
permit for Sanaye Okamura, on the proposed piece of
ground (15 acres), to build a U.S. Postal Service regional
handling facility.
Myrna Cain seconded the motion. Roll call vote: Pete
Anderson, abstain; Myrna Cain, yes; Jerry Tydeman,
yes; Kerry Ellis, yes; Bob Anderson, Sue Parrish, yes;
Robert Allen, yes; Richard Pearson, yes; Dwain Kinghorn,
yes.
The meeting was adjourned at 10:20 pm
Sue -Parrish, Chairwoman
yrna X~apo, ~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
January 5, 1989, upon the application of Donald B. Mitchell
(hereinafter referred to as "applicant") for a conditional use
permit to locate a Class II production building on real proeprty
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 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 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 Chubbuck Code § 18.28.040.
6. The facts relevant to an evaluation of the relevant
criteria and standards are as follows:
A. The lot has 120' frontage, 60' of which is taken up by
an existing residence on the property.
B. Placement of the building more than 20' back from the
corner of the existing patio would meet applicable set back and
side yard requirements.
C. The proposed building will qualify as a Class II
production in building if the other requirements set forth in
§ 18.04.050 P(2) are met.
D. Neighbors have indicated no opposition so long as the
requirements of the City ordinances are followed.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page I
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e -l -k E. The front yard setback from the street would comply
with the ordinance.
F. No neighbors have objected to the variance.
G. These lots were purchased and the existing line built
prior to zoning in 1972.
BASED UPON THE FOREGOING FINDINGS OF FACT, the Land Use and
Development Commission hereby enters the following
CONCLUSIONS OF LAW
1. The land involved is of such size or consideration and has
been so developed lawfully prior to the advent of zoning in 1972,
that it would be impossible or that it would create a private
hardship not required to protect the public interest to compel
the applicant to adhere strictly to the provisions of the
Chubbuck Land Use Ordinance.
2. The private hardship:
a) was not created or allowed to occur by the applicant,
the land owner, or any of their agents.
r� b) was not know or foreseeable at the time when the land
in question , or an interest therein, were acquired.
C) is serious, immediate and unavoidable, and, alleviating
the hardship will not create a possible, present or
future hardship for any other private party nor will it
be contrary to the public interest.
3. The requested variance, if granted, should be 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 variance and applicant, by taking
advantage of said variance agrees to the imposition of the same:
Applicant shall comply with the conditions of the
conditional use permit previously issued, except for the
requirement for the Class II production building to set back
more than 20' from the corner of the existing patio.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2
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B. The building be placed on a permanent foundation with
permanent steps and that it be set in permanently like any other
home in the neighborhood.
C. The building be placed more than 20' to the rear of the
existing covered patio.
3. The Conditional Use Permit requested by the Applicant
is granted, subject// to the foregoing conditions.
DATED this to day of , 1989.
LAND USE AND DEVELOPMENT COMMISSION
By:
;G=�
CliAIRMAR
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3
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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
hea ing pursuant to public notice as required by law, on
_ S 1989, upon the application of Sanaye
Okamu a (here' after referred to as "applicant") for a condition
use permit to locate a postal mailhandling facility on the real
property located at SE corner of Yellowstone Avenue and Siphon
Road 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 lies outside the City but applicant would
request annexation and upon annexation a zoning of C-2 pursuant
to the Land Use Ordinance of the City of Chubbuck.
4. The property is designated as C-2 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 section 67-6512 and
in Chubbuck Code section 18.28.040 (C).
6. The facts relevant to an evaluation of the relevant
criteria and standards are as follows:
BASED UPON THE FOREGOING FINDINGS OF FACT, the Land Use
and Development Commission hereby enters the following:
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
n the economic values of adjacent properties.
3. The permit sought will not produce a negative impact on
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1
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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 exiting 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 natures of 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 proposeduse on other
development within the City has not been minimized by Applicant
as much as is reasonable 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 not 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. Permit contingent on selection of site for post
office facility.
3. The conditional use permit requested by the Applicant
is granted, subject to the foregoing conditions.
DATED this c day of , 1989.
USE AND DEVELOPMENT COMMISSION
f-'
By:
C airman
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2
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