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
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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
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�'` 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"\
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