HomeMy WebLinkAbout001-04-11City of Chubbuck
LAND USE & DEVELOPMENT COMMISSION
MINUTES
January 4, 2011
7:00 PM
Minutes of the Land Use and Development Commission regular meeting held at Chubbuck City
Hall, 5160 Yellowstone, January 4, 2011.
Chairman Pete Anderson; Commission Members: Jason Mendenhall, Rodney Burch, James Eborn,
Morris Kinghorn, George Merrill, Bryan Nield, Jay Buttars; City Staff. Steven Smart; Paul Andrus,
Attorney Tom Holmes.
Chairman Anderson called the meeting to order at 7:00 PM.
APPROVAL OF MINUTES for November 4, 2010
Jason Mendenhall moved the minutes of November 4, 2010, be approved as mailed; Jim Eborn
seconded. All voted to approve.
GENERAL BUSINESS:
Review setbacks relative to lot size (Section 18.08.040B).
Chairman Anderson reviewed a portion of the October meeting minutes for discussion.
Commission discussed:
• summary of local cities' setbacks shows no issue
• changing front setback in R -2 from 20 feet to 25 feet to provide for better parking
• need to clarify how the setback is measured: to the base foundation of the house? to
the closest projection? including garage?
• "closest projection to the property line of the permanent foundation wall"
Chairman Anderson invited a motion to direct our City Attorney to revise the ordinance.
The method of measurement is not currently defined in the ordinance. Attorney Tom
Holmes said he could discuss the wording with the building official and report whether the
wording was an issue to him. He will draft the ordinance for the R -2 setback change and
report whether the commission needs to discuss further definition.
Rodney Burch moved the commission revise Ordinance Section 18.08.04013 to change the
front setback in an R -2 zone; Jason Mendenhall seconded. All voted to approve the
motion.
2. Consider staff report on clarification of zoning for lots split by two zones by Ordinance No.
241.
Paul Andrus reviewed the staff report outlining a process for clarification on split zoning.
Steven Smart explained some history on how the split happened back in 1979. We do not
know how many lots are affected. The property owner did not create the problem.
After some clarifications, the Commission discussed:
• They generally agree with the procedure.
• Does it qualify as just a staff memo rather than a land use or council issue? Tom
Holmes said the procedure could be formalized by a motion.
Chairman Anderson discussed the procedure as he understood it, and some questions were
asked for clarification. Applicability means the zoning choice would have to be one of the
two existing designations, but not a completely different one without application and fees
being applied. Commissioners discussed the process further, regarding public hearings or
whether this is just a staff level decision. They considered why the commission might want
to review infrequent individual cases, such as Yellowstone being kept commercial or
neighbors being affected. A public hearing keeps the decision on record.
They considered a suggestion of requiring a property owner to get a waiver signed by
neighbors within 300 feet to avoid the public hearing process. If one property owner within
that 300 feet that will not sign the waiver, it goes to a public hearing. Another suggestion
was that the process be limited to single parcels of record.
Morris Kinghorn moved to accept the city staff's recommended procedure regarding
clarification of zoning for lots split by Ordinances No. 205 and No. 241, and in addition
that this recommendation be limited to the lot in question, follow the procedure as outlined,
and require property owners within 300 feet sign a waiver, if there is any deviation from
that, it would need to come before this commission for public hearing; Jason Mendenhall
seconded. All voted to approve the motion. Motion carries.
Rodney Burch said the Mayor agreed it was within the commission's purview to adopt the practice
of opening the meeting with the Pledge of Allegiance to the flag. Chairman Anderson stated by
executive order that the next meeting will begin with the Pledge of Allegiance.
Jason Mendenhall moved to adjourn the meeting; Morris Kinghorn seconded. All voted to
adjourn.
Meeting adjourned at 7:45 PM.
DeLaina Baker, Secretary
LUDC