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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 chbbck04.272 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 chbbck05.011 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 chbbck04.272 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 chbbckl0 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 chbbckl0