HomeMy WebLinkAbout002-03-09CITY OF CHUBBUCK
LAND USE & DEVELOPMENT COMMISSION
MINUTES
February 3, 2009
7:00 PM
Minutes of the Land Use and Development Commission regular meeting held at Chubbuck City Hall,
5160 Yellowstone, February 3, 2009.
Present: Chairman Pete Anderson; Commission Members: Michelle Christy; James Ebom, Ron Horner,
Morris Kinghom, Jason Mendenhall, Deloy Stuart; City Staff: Steven Smart, Larry Kohntopp, Secretary
DeLaina Baker.
Chairman Anderson called the meeting to order at 7:00 pm.
APPROVAL OF MINUTES: There being no corrections, Morris Kinghom moved for approval of last
meeting's minutes for January 6, 2009, as mailed; Jim Ebom seconded; all voted in favor.
There being no conflicts of interest, Chairman Anderson then opened the Public Hearing:
An application by James Thilmont, PO Box 2631, Pocatello, Idaho 83206, for a Conditional
Use Permit for an apartment in a commercial building. The property is located at 4990 Valenty
Road.
James Thilmont appeared and described the colorful history of 4990 Valenty, which contains
twelve units of various sizes. He slowly acquired all the units from the original owners. His
office is in Unit E, and he would like to be able to use this space as a second place to sleep, in
addition to his home.
There being no further questions from the commission and no comments from City Staff,
Chairman Anderson invited public comment.
Amelia Thilmont, Box 5540, Chubbuck, ID, 83202, states she was also the owner of the building
as Mr. Thilmont's wife, until she was evicted from the building a month ago. She said he has
been living there, and she was not aware he had another house until tonight. She said Mr.
Thilmont owns less than 15% of the building, and that the rest of the units belong to their
children, whom she represents. She said he has been there for six years without paying rent. She
said she has maintained their buildings for thirty-five years. Mrs. Thilmont said their children do
not agree that he should be allowed to use the building free of charge, and they plan to file papers
with the state to block his plans for the office.
There being no further public comment, Chairman Anderson closed the public hearing and
returned to the applicant for final comments.
Mr. Thilmont stated he does not agree with Mrs. Thilmont`s allegations. He does not deny living
in the building for years, but wonders why it only became an issue three months ago. He said it
is up to the commission to decide.
Tom Holmes said he has a conflict as legal representative of the Thilmont business entities, so he
could not advise the commission on their decision. He is not representing either parry in the
divorce.
Commission discussed:
1. They can only decide if the use fits the property, regardless of disputed issues.
2. Ownership of property -Tom Holmes said J & M Enterprises LLC owned it until December,
when a mediated agreement (during the divorce process) gave control of this particular property
to Plaza Properties LLC, with Jim Thilmont listed as the managing member.
3. Current use of property as a commercial rental with a variety of businesses.
4. How the commercial use or noise might affect his part time residence.
5. Other units have Conditional Use Permits for residences on that street.
6. A new owner would have to get a new Conditional Use Permit.
7. Other commercial buildings in town have residences permitted.
8. If each unit has full utilities and they wanted to make them all residential, the owner would also
have to apply for a permit. Access and egress would have to be addressed, if it were all
apartments.
There being no further comments. Deloy Stuart moved the application by James Thilmont, PO
Box 2631, Pocatello, Idaho 83206, for a Conditional Use Permit for an apartment in a
commercial building at 4990 Valenty Road be approved; Morris Kinghorn seconded. There
being no further discussion and with all understanding the motion, they voted. Roll Call Vote:
Michelle Christy -No; James Ebom -No; Ron Horner -Yes; Morris Kinghorn -Yes; Jason
Mendenhall -Yes; Deloy Stuart -Yes; Chairman Pete Anderson -Yes. Motion was approved.
GENERAL BUSINESS
Commission discussed whether to view the rest of the AIC training DVD this evening. The next topic is
subdivisions. Chairman Anderson suggested we view it on the next meeting date with no applications to
review, which it appears is March 3r Morris Kinghorn moved the commission view the DVD at the
regular March meeting; Ron Horner seconded; all approved.
Commission discussed AIC training that will be held in Pocatello on February 28 ". Steve said the city
will pay for the training and get any member interested signed up, if they will let us know.
Jason Mendenhall moved the meeting be adjourned; Mo > I 'nghorn seconded; all approved.
The meeting adjourned at 7:29 PM.
P6f Anderson, Chairman
^ DeLaina Baker, Secretary
LUDC