HomeMy WebLinkAbout005 04 78PLANNING AND ZONING COMMISSION MINUTES
May 4, 1978
Minutes of the regular meeting of the Planning and Zoning Commission held
in the city municipal building, May 4, 1978.
Meeting called to order at 8:00 p.m.
Present: Chairman Dee Stalder, Commission Members' Dwain Kinghorn, Becky
Hopkins, Mike Metcalfe, Janet Williams and Dell Peters and City Engineer
Steven Smart.
Minutes of meeting held April 6, 1978 were read. Janet Williams made the
motion to accept minutes as read with typographical corrections to be made.
Mike Metcalfe seconded the motion. Voting was unanimous.
PUBLIC HEARING ITEM: DEAN MORGAN, 446 E. Chubbuck Road, requesting a
variance from the zoning regulations to allow him to keep pigs on his
property. The property is located in an area zoned Combined-Residential
Livestock (R-2L); however under Ordinance #185 pigs are not defined as
livestock.
Chairman Stalder read Mr. Morgans letter of request.
Mr. Morgan said he had not been aware that he had caused problems until he
had read in the newspaper that he had to dispose of his pigs. He said he
had checked with the Police Chief and he had told him that Mr. Morgan's
neighbors had not complained about the pigs he said that another individual
had reported that he was raising pigs against city regulations.
Mr. William Nice, 418 E. Chubbuck Road, said that he was a newcomer to the
city and asked how animals were defined in the ordinance. Mr. Stalder read
to him from the ordinance.
Mr. Klane Forsgren, 4901Whitaker Road, said he was the neighbor to the East -
because of Southwest flow of winds they would be the recipient of the smell
if there was any. He said that Mr. Morgan was a good farmer. He said he had
been raising pigs for fifteen years and now some one tells him he is breaking
the law. He said he would strongly ask that the Commission grant Mr. Morgan
the variance to allow him to raise pigs.
Mr. Dee Greene, 410 E. Chubbuck Road, said he would agree with what Mr.
Forsgren had said.
Dell Peters said it appeared that Mr. Morgan had been in continuous operation
since he had moved here. Chairman Stalder read from Ordinance #112, Section 7.
Mike Metcalfe said he personally does not see any way the City could force Mr.
Morgan to dispose of his pigs. That he had grandfather rights before the
ordinance was adopted.
Mr. Forsgren said that from his attendance at a City Council meeting he
understood that an ordinance can supercede grandfather rights.
Dwain Kinghorn said that pigs are not allowed in the city,that keeping them
in contrary to the ordinance. He said that the ordinances used aS guide'lines
for the city ordinance - non allowed pigs.
DEAN MORGAN
Mike Metcalfe made motion to recognize the moral grandfather rights in
this particular situation and make motion to grant variance to Mr. Dean
Morgan to allow him to keep pigs on his property at 426 E. Chubbuck Road,
under conditions of acceptable maintenance and due consideration of all
neighbors, subject to yearly review.
Becky Hopkins seconded the motion. Hopkins, yes; Williams, yes; Metcalfe, yes;
Peters, yes, Stalder, yes; Kinghorn abstained from voting, stating he had
had other people ask him to keep pigs on their property and he had told them
the city ordinances prohibted them.
PUBLIC HEARING ITEM: S~ KIRK SHULER requesting a variance to allow the use
of a mobil home for a temporary office facility for relocating a dealership
in Airstream, Argosy travel trailers during construction stages of an new
facility. The proposed location is directly south of 4500 Yellowstone in
an area zoned General Commercial (C-3).
Chairman Stalder read Mr. Shuler's letter of request.
James Green, Attorney representing Mr. Shuler, said that he had acquired
a long term lease on this property late last year, with the idea of having
plenty of time to build his facility. In the meantime the location on
5th Avenue has been sold and they will need to move. They are asking for
a six month variance for a mobil home for an office in order to build a
permanent building. He said Mr. Shuler will utilize one to one and half
acres for Airstream and Argosy trailers. He said the building and site
will cost around $200,000.00.
Mr. Green showed an architectural drawing of the proposed building. He
said a portion of the building will be for recreational vehicle parts and
for warehousing recreational vehicle parts. Four service bays will be used
for servicing of vehicles inside.
Mr. Green said that the business would be an asset to the city and that Mr.
Shuler was a responsible business man.
Dell Peters asked if time frame would allow construction to be completed in
six months. Mr. Green said that nine months might be more realistic.
Dwain Kinghorn said the City Council had issued Eastern Idaho Trailer Sales
a variance to use a ~bil home as an office during their construction period,
and with the understanding that if they needed additional time it would be
granted. He said the City was not anxious for mobil homes to be used as offices.
Chiarman Stalder asked if the area would be blacktoped.and with curb and gutter.
Mr. Shuler said the property would be landscaped, with a decorative recreational
outdOor setting, there would be some blacktop to park the trailers on.
Engineer Steven Smart said Mr. Shuler and his associates had talked at lenghth
with the building inspector.
Becky Hopkins said she had visited with Mrs. Mae Hitchcock and she had said
they would have no objection to the use of a mobil home as a temporary office.
S. KIRK SHULER
Dwain Kinghorn asked if they might consider a four month variance with the
option of extending the request if needed.
Mr. Shuler said that looking at sixty days for delevery of materials he would
doubt if four months would be adequate. He said there is a vague area in the
streets that has to be worked out. He said they would work with the City
and the officials but they cannot locate the building until the street question
is settled.
Engineer Smart said East Burnside is proposed to move North to line up with
West Burnside and the development of Valenty Road is under consideration.
Dell Peters made motion to grant variance to allow Mr. S~ Kirk Shuler to
use a mobil home for a temporary office at 4498 Yellowstone, subject to review
in six months.
Janet Williams seconded the motiOn. The voting was unanimous in favor.
CHILTON SUBDIVISION: LaMar Armstrong presented the preliminary plat of the
Chilton Subdivision. He said the Bannock County Planning and Zoning had
approved it subject to City of Chubbuck approval. Mr. Armstrong was asked
about the road being approved, with it being a gravel road. He said the
County had said a gravel road would be easier to maintain with five acre
tracts~and limited travel.
Engineer Smart said the bounderies on the subdivision do not close.
Dwain Kinghorn asked if there would be a central water system and about the
sewer system.
Mr. Armstrong said there would be individual wells and septic tanks.
Janet Williams made motion to recommend to the City Council the preliminary
plat of the Chilton Subdivision be approved subject to the road being
brought up to city standards and the engineer's recommendations noted on
plat.
Mike MetCalfe seconded the motion. Voting was unanimous.
BRISCOE SUBDIVISION FINAL PLAT: Dan Daily, Forsgren, Perkins & Associates,
presented the final plat of the Briscoe Subdivision. He said that Mr. Briscoe
would like to exclude two items from the final plat.
1. To exclude the Hiline Road right-of-way.
2. To develop Vern Road in two phases.
Dwain Kinghorn asked Mr. Briscoe if sewer and water would be stubbed in
for the proposed lots~so that the road would not have to be replaced when
they were developed. Mr. Briscoe said they had made plans to do this.
The Commission Members asked Mr. Briscoe about the irrigating water system.
He said he planned on putting in a pressure system.
Mr. Briscoe said he would like to develop Vern Road in two phases, as there
are n<)~ lots to help absorb the cost of development. He said he would like
to put a good sub-base on Vern Road and then gravel it with the option of
blacktopping in about one and one half years.
BRISCOE SUBDIVISION FINAL PLAT
Engineer Smart said he felt it would be more feasable to cut" the plat off
that to grant a delay on developing Vern Road to City standards. He said
if Vern Road does not extend through to Whitaker Road, this portion should be
closed.
Mike Metcalfe made motion to recommend to the City Council the Briscoe
Subdivision final Plat be approved with the exception of Vern Road from
West boundry line to Whitaker Road and to exclude Hiline right-of-way
from the subdivision.
Dell Peters seconded the motion. Voting was unanimous.
BURNSIDE PLAT - Engineer Smart said there had been some problems with the
plat, that it had been brought in to 'late for review for this meeting,
but that he would like the Commission to see the plat. He said Hamilton
& Voeller had told him Motel 6 will be sending their plans soon for
approval and their building permit.
Commission Members asked about the 15' that had been talked about
previously. He said it had been platted as a lot.
Engineer Smart said Motel 6 may ask for a building permit to be granted
with recommendation from the Commission Members.
Meeting adjourned at 10:10 p.m.
Dee Stalder, Chairman
Dorothy L. W~ Secretary
~North side of Vern Road.