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HomeMy WebLinkAbout009 01 88LAND USE AND DEVELOPMENT MINUTES September 1, 1988 Minutes of the regular meeting of the Land Use and Development Commission held in the city municipal building September 1, 1988 Present: Chairwoman Sue Parrish, Commission Members: Myrna Cain, Pete Anderson, David Landon, , Jerry Tydeman, Public Works Director Steve Smart, Fire Chief Cary Campbell, Attorney Tom Holmes, and Secretary Myrna Crapo. Chairwoman Parrish asked for any additions or corrections to the August 4, 1988 minutes. There being none Myrna Cain moved to approve the minutes as read. Jerry Tydeman seconded the motion, with all commission members voting in favor. PUBLIC HEARING: A PROPOSAL BY SHIRLEY BROWN, 640 Dell Road, for a conditional use permit to operate a day care center in her home. Property is presently zoned R-l, Single Family Residential. Chairwoman Parrish opened the public hearing and asked for any public comments. Norris Brown, 640 Dell Road, was spokesman for his wife who was unable to attend. He explained that they had been at this address for a number of years. The Fire Chief Cary Campbell explained the reason why it was brought before the commission. State law requires them to have a fire inspection and at that time of the inspection it was brought to the Brown's attention that they needed a conditional use permit to operate. Chairwoman Parrish read a letter by Sheryl Smart in support of the day care and a letter by Edie Crump who was also in favor. Two additional letters were received, but too late to be read into the minutes, from Benny & Rosie Gonzales, 4955 Dorian and Mr. & Mrs. Johnny King 15451W. Lacey. There being no further comments the public hearing was closed. Jerry Tydeman made a motion to grant the conditional use permit for the operation of this day care to the Browns. Pete Anderson seconded the motion. Roll call vote: Myrna Cain, yes; David Landon, yes; Sue Parrish, yes; Jerry Tydeman, yes; Pete Anderson, yes. Land Use and Development Commission September 1, 1988 Page 2 GENERAL BUSINESS: 1.Public Works Director Steve Smart talked to the commission about a workshop by the Idaho Planning Association which would be beneficial to the members. Those who wish to attend need to let Mr. Smart know. The city will pay their fees. 2. Transcribing of the minutes. The meeting adjourned at 7:50 p.m. Su~Parrish, Chairwoman 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 September 1, 1988, upon the application of Shirley Brown (hereinafter referred to as "applicant") for a conditional use permit to operate a day care center on the real property located at 640 Dell Road, Chubbuck, Idaho, 83202 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-1, Single Family Residential pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as R-1, Single Family Residential in the duly adopted Comprehensive Plan of the City of Chubbuck. 5. Relevent criteria and standards for consideration of this application are set forth in Section 18.28.040, Chubbuck Code. 6. The existing neighboring land uses in the immediate area of this property are. 7. The facts relevant to an evaluation of the relevant criteria and standards are as follows: A. Brown has operated this facility for a number of years. B. None of the neighbors have complained and there have been no problems with respect to operation of the facility. 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 chubbuck.dl 44 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 expressed approval of the issuance of the requested conditional use permit. DECISION 1. The Land Use and Development Commission, pursuant to the foregoing, finds that the request of the applicant should be approved. 2. The Conditional Use Permit requested by the Applicant is granted, subject to the foregoing conditions. DATED this 1 day of September , 1988. LAND USE AND DEVELOPMENT COMMISSION By: / C IRMAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 chubbuck.dl r- �'` Motion by Jerry Tydeman , seconded by Ppte Anaprsnn to adopt the foregoing Findings of Fact, Conclusions of Law and Decision. ROLL CALL: Commission Member Vote Myrna Cain Yes David Landon Yes Sue Parrish Yes Jerry Tydeman Yes Pete Anderson Yes i"\ FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 chubbuck.di