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HomeMy WebLinkAbout007 11 85 LAND USE AND DEVELOPMENT COMMISSION MUNUTES July 11, 1985 Minutes of the regular meeting of the Land Use and Development Commission held in the city ~municipal building July 11,1985. Present: Chairman Pete Anderson, Ccommission Members: Steven England, Janet Williams, Myrna Cain, Robert Allen, Ron Nelson, Public Works Director Steven Smart, City Attorney B. Lynn Winmill, Dorothy Ward, Secretary. Chairman Anderson welcomed Steven England as council representative. Meeting called to order at 8:00 p.m. by Chairman Anderson. Chairman Anderson asked for any corrections or additions to the minutes of June 6, 1985, there being none, Ron Nelson made motion to accept minutes as written, Myrna Cain seconded the motion, with all commission members voting in favor. PUBLIC HEARIANG ITEM: 1. Proposal by Cliff Spears, 5195 Cole, Chubbuck, Idaho, for a conditional use permit to build a duplex at 4915 Trent. Property is presently zoned General Residential (R-2). Chairman asked for comment from city employees. There being none he asked for comment from Cliff Spears. Cliff Spears, 5195 Cole, said there are several duplexes and four plexes in the area. He said he felt it would be an asset to the neighborhood. Chairman Anderson opened meeting for public comment. Lyle M. Young, 796 Gloria, said there are several multiple family dwellings in area already, that being the case he objected to anoth~ one. Richard Smith, owner of duplex at 4863 -65 Trent said there are over 750 single house dwelling and 150 multiple family dwellings in the Chubbuck, Pocatello area for sale. He said many times owners of multiple family units do not keep them up. Lorna Parry, 4880 Trent, lives across from a duplex that is neglected, and did not feel the need for another rental in their neighbor- hood. She said she would not object to a home. Arthur Willes, 845 Gloria, objected to more rental property. He said a duplex would bring additional traffic into the area,the garbage blows and no one wants to be responsible for the problems. Richard Smith, 4863-65 Trent, asked if there is a public impact statement on rental property and the valuation of property. He said as neighbors, they were concerned about their neighborhood. PUBLIC HEARING ITEM: CLIFF SPEARS Cliff Spears said he realized there are a lot of homes and multiple family dwellings for sale; but that rental property is in demand. He said he realized there are multiple family units that are not maintained but many of these are run by property management firms. He said he would be living in the area and would maintain his duplex. Public hearing closed, opened for discussion among commission members. Robert Allen asked where city stood on the moritorium for multiple housing. Attorney Winmil! replied he had an ordinance for commision to look at tonite. Attorney Winmill asked how application applied to moritorium. Steve Smart said if multiple family application does not exceed 25% of area, the moritorium would not apply. Discussed if there were any conditions on other multiple family dwellings in area. It was determined these dwellings had been built before the city put restrictions on multiple family dwellings. Steve England said City Council was considering where they are in putting conditions on multiple dwellings. He said they had discussed requiring long term maintenance free siding, and requiring specific type of green areas. He said perhaps to put something realistic to person building multiple family units might be more attractive in long term. Attorney Winmill said commission could require as a condition something up front in the construction that might make it more likely that it might be maintained, for example automatic sprinkler system or a durable maintenance free exterior of some kind. Mr. Spears said he would be happy to put maintenance free siding on the building. Commission members discussed fencing. Steve England said the commission could set a presedence for others that might come before the co~nission for a conditional use. Bob Allen made motion to grant the conditional use permit to Cliff Spears for a duplex at 4915 Trent subject to the following conditions: A. Construct automatic sprinkler system in the fr~ and side yards within nine months after occupancy. B. T¢. ~ve'~aintenance free siding. C. Property to be fully landscaped and all landscaping shall PUBLIC HE~RING: CLIFF SPEARS shall be competed within nine months of occupancy. Property shall be fenced on all rear and side yards where it adjoins a lot containing a single household dwelling. Janet Williams seconded the motion. Robert Allen asked to amend his motion to include a single review,at the end of the first year,of the conditions. Janet Williams seconded the motion. Attorny Winmill read the findings of fact and conclusions of law pertaining to Mr. Spears conditional use permit. Roll call vote: Nelson, yes; Allen, yes; England, yes; Cain, yes; Williams, yes;Anderson, abstained. Discussed the findings of fact and conclusion of law for the conditional use permit granted Stewart Nelson, June 6, 1985. Robert Allen made motion the findings of fact and conclusion of law for Stewart Nelson conditional use permit be adopted. Myrna Cain seconded the motion, with all voting in favor. OTHER BUSINESS: Commission reviewed with Attorney Winmill the ordinance on multiple family dwellings. It was decided the commission would review it and on August 1, 1985 make recommendations to the City Council for adoption. Chairman Anderson adjourned meeting at 10:15 p.m. te An~d'~on, Chairman Dorothy L.~ard, Secretary 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 July 11, 1985, upon the application of Cliff Spears (hereinafter referred to as "applicant") for a conditional use permit to construct a duplex on real property located at 1495 Trent Street in the City of Chubbuck 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 the public hearing have been met. 3. The property in question is zoned General Residential (R-2) pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as General Residential (R-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 Section 7-4 of the Chubbuck Land Use Ordinance and other pertinent provisions of the Chubbuck Land Use Ordinance and Comprehensive Plan. 6. The existing neighboring land uses in the immediate area of this property are: to the north, single family residential structures and some four-plexes; to the east, single family residential structures; to the south, duplexes; and to the west, single family household dwellings. 7. The facts relevant to an evaluation of the relevant criteria and standards are as follows: A. Most of the structures in the neighborhood are single household dwellings. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 CH#6-54 n B. The residents in the area have testified that there are an excessive number of duplexes and multiple household dwellings which is inconsistent with the general character of the neighborhood as a collection of single household dwellings. C. Residents in the area testify that duplexes are not occupied by owners and are not maintained or kept up in an appropriate fashion. D. Owners of adjacent property have expressed their opinion that duplexes would depreciate vaues of their properties. E. The applicant testified that there is a substantial need for additional rental units in the Pocatello-Chubbuck area. 8. Owners of adjacent property have objected to the issuance of the requested conditional use permit. BASED UPON THE FOREGOING FINDINS OF FACT, the Land Use and Development Commission hereby enters the following: CONCLUSIONS OF LAW 1. Poorly maintained properties will have an adverse impact on property values of adjoining residences. 2. As an area primarily devoted to single family residences, this location is particularly sensitive to the impacts of multiple family dwellings and attendant problems. 3. To avoid a negative impact of values of adjoining properties, special conditions need to be imposed to ensure that the properties will not suffer from lack of maintenance. 4. Properties owned by a non -occupant tend to suffer from lack of maintenance more frequently than owner -occupied structures. 5. The use for which the permit is sought will not be injurious to the neighborhood and will not be significantly detrimental to the public health, safety or welfare. 6. If properly conditioned the permit sought will not produce an adverse impact on the economic values of adjacent properties. 7. If properly conditioned the permit sought will not produce a negative impact on transportation facilities, schools, public parks, or the natural environment. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 CH#6-54 8. If properly conditioned the noise and traffic conditions n generated by the use for which the permit is sought, does not indicate that the permit should be denied. 9. If proper conditions are imposed the use for which the permit is sought shall not work an unreasonable hardship upon surrounding property owners. n 10. If proper conditions are imposed the aesthetic of the proposed use will not conflict with the aesthetic of of the surrounding lands. qualities 11. The adverse impact of the proposed use on other development within the City has been minimized by the conditions imposed herein. 12. The requested conditional use permit, should be granted subject to the conditions set forth hereinafter. RECISION — 1• The Land Use and Development Commission foregoing, finds that the request of the applicant shouldnbetandhe hereby is approved, subject to the following conditions: A. Applicant to construct an automatic sprinkler system in the front and side yards within nine months after Occupancy. B. The structure shall be constructed with y maintenance -free siding. C. The property shall be fully landscaped and all all landscaping shall be completed within nine months after Occupancy. D. The property P cy. yards where it adjoinseatlothcontainingall be cadsoinglelrear household side dwelling. household E. The conditional use permit shall be reviewed by the Land Use and Development Commision in one applicant has complied with these conditions. to ensure that the applicant to satisfy these conditions shall constituters oby u the revocation of the conditional use permit and legal action to terminate the applicant's use of the property in viol grounds for land use ordinance and the terms of the d' on of the i nal- a permit. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 CH#6-54 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 July 11, 1985, upon the application of Cliff Spears (hereinafter referred to as "applicant") for a conditional use permit to construct a duplex on real property located at 1495 Trent Street in the City of Chubbuck 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 the public hearing have been met. 3. The property in question is zoned General Residential (R-2) pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as General Residential (R-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 Section 7-4 of the Chubbuck Land Use Ordinance and other pertinent provisions of the Chubbuck Land Use Ordinance and Comprehensive Plan. 6. The existing neighboring land uses in the immediate area of this property are: to the north, single family residential structures and some four-plexes; to the east, single family residential structures; to the south, duplexes; and to the west, single family household dwellings. 7. The facts relevant to an evaluation of the relevant criteria and standards are as follows: A. Most of the structures in the neighborhood are single household dwellings. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 CH#6-54 B. The residents in the area have testified that there are an excessive number of duplexes and multiple household dwellings which is inconsistent with the general character of the neighborhood as a collection of single household dwellings. C. Residents in the area testify that duplexes are not occupied by owners and are not maintained or kept up in an appropriate fashion. D. Owners of adjacent property have expressed their opinion that duplexes would depreciate vaues of their properties. E. The applicant testified that there is a substantial need for additional rental units in the Pocatello-Chubbuck area. 8. Owners of adjacent property have objected to the issuance of the requested conditional use permit. BASED UPON THE FOREGOING FINDINS OF FACT, the Land Use and Development Commission hereby enters the following: CONCLUSIONS OF LAW 1. Poorly maintained properties will have an adverse impact on property values of adjoining residences. 2. As an area primarily devoted to single family residences, this location is particularly sensitive to the impacts of multiple family dwellings and attendant problems. 3. To avoid a negative impact of values of adjoining properties, special conditions need to be imposed to ensure that the properties will not suffer from lack of maintenance. 4. Properties owned by a non -occupant tend to suffer from lack of maintenance more frequently than owner -occupied structures. 5. The use for which the permit is sought will not be injurious to the neighborhood and will not be significantly detrimental to the public health, safety or welfare. 6. If properly conditioned the permit sought will not produce an adverse impact on the economic values of adjacent properties. 7. If properly conditioned the permit sought will not produce a negative impact on transportation facilities, schools, public parks, or the natural environment. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 CH#6-54 1-� 8. If properly conditioned the noise and traffic conditions generated by the use for which the permit is sought, does not indicate that the permit should be denied. 9. If proper conditions are imposed the use for which the permit is sought shall not work an unreasonable hardship upon surrounding property owners. 10. If proper conditions are imposed the aesthetic qualities of the proposed use will not conflict with the aesthetic qualities of the surrounding lands. 11. The adverse impact of the proposed use on other development within the City has been minimized by the conditions imposed herein. 12. The requested conditional use permit, should be granted subject to the conditions set forth hereinafter. DECISION 1. The Land Use and Development Commission, pursuant to the O1*`1 foregoing, finds that the request of the applicant should be and hereby is approved, subject to the following conditions: A. Applicant to construct an automatic sprinkler system in the front and side yards within nine months after occupancy. B. The structure shall be constructed with maintenance -free siding. C. The property shall be fully landscaped and all all landscaping shall be completed within nine months after occupancy. D. The property shall be fenced on all rear and side yards where it adjoins a lot containing a single household dwelling. E. The conditional use permit shall be reviewed by the Land Use and Development Commision in one year to ensure that the applicant has complied with these conditions. A failure by the applicant to satisfy these conditions shall constitute grounds for revocation of the conditional use permit and legal action to terminate the applicant's use of the property in viol ion of the land use ordinance and the terms of the d' i nal-" e permit. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 CH#6-54