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HomeMy WebLinkAbout001 07 88LAND USE AND DEVELOPMENT COMMISSION MINUTES January 7, 1988 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building January 7,1988. Present: Chairman Pete Anderson, Commission Members Myrna Cain, Larry Call, Bob Anderson, Attorney Thomas Holmes, Secretary Myrna Crapo. Meeting called to order at 7:35 pm by Chairman Anderson. Chairman Anderson introduced the new legal council for the City Thomas Holmes. He also advised the commission that Bill McKee and Dick Pearson would be the new members on the Land Use Boar~. Chairman Anderson asked for any additions or corrections to the December 3, 1987 minutes. There being none Myrna Cain moved to approve minutes as mailed. Larry Call seconded the motion, with all commission members voting in favor. PUBLIC HEARING: 1). A PROPOSAL BY DONALD B MITCHELL, 261Briscoe for a hardship variance to place a mobile home at 261Briscoe. Property is presently zoned R-2, Limited Residential. Chairman Anderson opened the public hearing and invited Steve Smart to make a report for the city. Mr. Smart reviewed the past history. Explaining that the hardship variance was only good for 6 months. Mary Mitchell, 261Briscoe read to the commission the letter they had submitted with the first request and explained that the circumstances were still the same and that they needed an additional 6 months. Chairman Anderson questioned Mrs. Mitchell about the job status of her daughter's husband as the Mitchell's were planning to move back into their house and vacate the mobile home when the daughter and her family moved out. She told the commission that they now had a temporary job with the railroad and they were in hopes of it becoming permanent. When the daughter moves out of the house then they would moved into the home and have the grandson live in the trailer. She also explained about the grandson conditions. Chairman Anderson invited the public for their comments. Margaret England, 11953 N. Hawthorne, expressed her concerns about a trailer being allowed there. She was opposed to allowing trailers anywhere in the city for fear that it might allow Roy Lacey a leverage to build his trailer park. There was no further public comment, so Chairman Anderson opened the meeting up for Commission discussion Minutes of the Land Use and Development Commission January 7, 1988 Page 2 The commission asked about complaints of anyone in the neighborhood. There was none. Myrna Cain moved to grant the variance, with the same stipulations as the previous one, for six months. Bob Anderson seconded. A roll call vote: Myrna Cain, yes; Bob Anderson, yes; Pete Anderson, yes; Larry Call, yes. Chairman Anderson informed the Mitchell's that the hardship variance would be entended to July. 2) A PROPOSAL BY THE CITY OF CHUBBUCK TO CHANGE THE CITY'S COMPREHENSIVE PLAN Land Use Pattern and the existing Land Use district in the Paradise Acrees Subdivision, excepting block 18, and in the Greener pastures subdivision. It is proposed that the land use pattern and Land Use District be changed from Limited 1 Residential R-2 to Single Family Residential R-1. Streets affected by the change would be: Abraham Isaac, Jacob, Joel, Noah, Moses, Eden, David, Ruth, Eve, Sorrell, Lariat. Steve Smart reviewed with the commission the reason for this public hearing. The commission then discussed the animals in Greener Pastures. Mr. Smart informed the commission that livestock was listed as a non-conforming use. Chairman Anderson explained the reasons for the changes. 1) To have a consistency between property in the city at its boundaries that are presently zoned R-2 and the adjoining property outside the city that are shown as R-1 in the Comprehensive plan. The property being considered is presently developed as R-1 and would tie into the impact area, any development that comes in would have to come in as R-1. 2) Because of the small amount of R-1 in the community. Chairman Anderson opened the hearing for public comment. Kimper Marple, 5661 Eden told the commission that he was in favor of the proposed change. Rocky Hancock, 233 Joel informed the commission that Leah Street was listed as Joel in the public hearing notice. Chairman Anderson closed the public hearing and opened it up commission discussion. Bob Anderson moved to recommend to the city council that they change the comprehensive plan Land Use Pattern and the Land Use District in the Greener Pastures and Paradise Acres subdivision except block 18 from R-2 to R-1. Land Use and Development Commission Minutes January 7, 1988 Page 3 Larry Call seconded the motion. Roll Call Vote: Myrna Cain, yes, Bob Anderson, yes; Pete Anderson, yes; Larry Call, yes. The motion passed unanimously. Attorney Holmes informed the commission that he would research the question of having livestock. UNFINISHED BUSINESS: 1) REVIEW OF CONDITIONAL USE PERMIT FOR RANDY KRESS, 4674. Yellowstone Avenue to operate a trailor sales business from a mobile home. Steve Smart refreshed the commission as where they were at. This was the end of the second extension. The only issue that remained was for the business to install curb, gutter, and sidewalk and finish the street along E. LindeTM. Randy Kress informed the commission that they were in line to finish the curb, gutter and sidewalk this summer, but found out what the Fort Hall Irrigation wanted them to do with the water that runs down E. Linden to Mr. Miller. It was so expensive that they didn't have the funds to do it. Mr. Kress said he had written a letter to Mayor Cotant explaining the circumstances and asking him to let him know if this would be a problem. Mr. Kress explained the problem with the irrigation and the commission discussed with him: 1) Phaseing it in 2) Size of pipe 3) Original requirements. Bob Anderson moved to grant a continuance of the conditional use with a review in one year and that in 1988 pipe be installed; that in 1989 the curb, gutter, sidewalk and tieing in on the street be completed. Myrna Cain seconded, with all commission members voting in favor. 2 APPROVAL OF FINDING OF FACTS, CONCLUSIONS OF LAW AND Decisions for Randy Broadhead Public Hearing. Chairman Anderson asked for any comments. Myrna Cain moved to approved the finding of facts and conclusions of law and decision as the had been discussed. Larry Call seconded with all commission members voting in favor. Land Use and Development Minutes January 7, 1988 Page 4 Myrna Cain moved the meeting adjourn at 8:45 p.m. with Larry Call seconding. ~, Chai'rman CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This matter having come before the Commission for public hearing pursuant to public notice as required by law, on January 7, 1988, upon the application of Donald B. Mitchell (hereinafter referred to as "applicant") for a variance to continue to have a mobile home on the real property located at at 261 Briscoe, Chubbuck, Idaho, 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-1, Limited n Residential, pursuant to the Land Use Ordinance of the City of Chubbuck. n 4. Relevent criteria and standards for consideration of this application are set forth in § 18.28.030 B of the Chubbuck Code. 5. The existing neighboring land uses in the immediate area of this property are: To the north, residential; to the south, residential; to the east, residential; to the west, residential. 6. The facts relevant to an evaluation of the relevant criteria and standards are as follows: A. The Mitchells' daughter and son-in-law continue to occupy the residence. B. The son-in-law has temporary work but is not certain the job is permanent. C. The Mitchells continue to live in the mobile home with the handicapped grandson. D. No complaints have been received by the city concerning the temporary location of the mobile home at 261 Briscoe. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 jm 15N-19 E. This is a temporary situation until the son-in-law's employment is more certain, at which time they will move out of the home and the Mitchells will move back into the home. 7. Owners of adjacent property have not opposed this variance. 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 variance is sought will not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. 2. The variance will alleviate a compelling hardship for the applicant and the applicant's family. DECISION 1. The Land Use and Development Commission, pursuant to the foregoing, finds that the request of the applicant should be n approved. 2. The variance shall expire six months from January 7, 1988. 3. Nothing set forth herein shall give applicant any right to continue to have the mobile home located upon this property after the expiration of the variance. Applicant has been specifically advised that this personal hardship variance is for temporary purposes only. 4. The variance requested by the Applicant is granted. DATED this 3yZ© day of Mt, , 1988. LAND USE AND DEVELOPMENT COMMISSION FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 jm 15N-19 Motion by Myrna Cain, seconded by Bob Anderson, to adopt the foregoing Findings of Fact, Conclusions of Law and Decision. ROLL CALL: Commission Member Vote Myrna Cain Yes Bob Anderson Yes Pete Anderson Yes Larry Call Yes FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 jm 15N-19 9 V 00-11 CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER This matter came on before the Commission for public hearing pursuant to public notice as required by law, on January 7, 1988, upon a proposal by the City of Chubbuck to change the City's Comprehensive Plan Land Use Pattern and the existing Land Use District in the Paradise Acres Subdivision (excepting Block 18) and in the Greener Pastures Subdivision. The City of Chubbuck has proposed that the Land Use Pattern and the Land Use District be changed from R-2, Limited Residential to R-1, Single Family Residential. The Commission, having heard testimony from interested parties and being fully advised in the matter, now makes the following: FINDINGS OF FACT 1. All legal notice requirements for notice of public hearing have been met. 2. There is a relatively small amount of R-1 zoned property within the City of Chubbuck at this time. 3. Re -zoning of this property from R-2 to R-1 would allow greater consistency between the property in the City at its boundaries and the adjoining property outside the City that is designated as R-1 on the Comprehensive Plan. 4. This property is presently developed as though it were zoned R-1. 5. If any further development would have to come in as R-1, it would coordinate into the impact area. 6. Opposition to the change in the Land Use Pattern and the Land Use District was not voiced by anyone at the public hearing. BASED UPON THE FOREGOING FINDINGS OF FACT, the Land Use and Development Commission hereby enters the following: CONCLUSIONS OF LAW 1. The requirements of Idaho Code § 67-6509(d) have been met. n 2. The proposed change in the Land Use Pattern and in the Land Use District is reasonable and necessary to promote orderly FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 jm 15N-21 A I n development of the city and to promote economic values and is not inconsistent with or detrimental to the public health, safety or welfare. 3. The requested change in the Land Use District should be granted. 4. The requested change in the Land Use Pattern should be granted. nVoTCTnTl It is recommended that the application for the change in the Land Use District for Paradise Acres Subdivision (except Lot 18) and Greener Pastures Subdivision to designate the land described therein as R-1 and further to change the Land Use Pattern to designate the foregoing as R-1 be recommended to the City Council for change. DATED this into day of mit, V -e -a , 1988. LAND USE AND DEVELOPMENT COMMISSION By: / CHAI AN Motion by Bob Anderson, seconded by Larry Call, to adopt the foregoing Findings of Fact, Conclusions of Law and Decision. ROLL CALL: Commission Member Vote Myrna Cain Yes Bob Anderson Yes Pete Anderson Yes Larry Call Yes FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 jm 15N-21