HomeMy WebLinkAbout02 19 1980 CMCOUNCIL MEETING MINUTES
February 19, 1980
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Minutes of the adjourned meeting of February 12, 1980 held in the city
mlinicipal building February 19, 1980
Present: Mayor John O. Cotant, Jr., Councilmen Dwain A. Kinghorn, LeRoy
S. Quick and Earl L. Romriell, Engineer Steven M. Smart, City Clerk
Vera C. Armstrong. Councilwoman Becky A. Hopkins and Attorney Donald
L. Burnett, Jr. excused.
Meeting called to order at 8:05 p.m. by Mayor Cotant.
PUBLIC HEARING ITEM: CONDITIONAL USE PERMIT - Denny Jones
Denny Jones has requested a conditional use permit to place a mobile
home at 120 ti. Linden for residential purpose. Property is zoned
General Commercial (C-2).
Denny Jones was present and stated he intends to live in the trailer and
that he would accept any time limit the city desires to place upon the
permit.
Councilman Kinghorn told Mr. Jones the city has turned down other trailer
requests.
Mr. Jones asked if a conditional use permit could be granted to use
the trailer for his business office. He was advised the city has only
granted approval of trailers for a business until s~]chtime as a permanent
office can be built.
After further discussion, Councilman Romriell moved to deny the Conditional
Use Permit as it is not consistent with the comprehensive plan and denying
the permit would be consistent with the policy of the city in handling
such requests. Councilman Kinghorn seconded motion. All councilmembers
present voted in favor.
MOBILE HOME PLACEMENT REQUEST - Mr. Earl Cellan owns a parcel of ground west
of Yellowstone Avenue in the 5300 block. The lot has a trailer on and Mr.
Cellan desires to sell the lot and the new purchaser desires to place a
new trailer upon the lot.
Mayor Cotant informed Mr. Cellan that Section 6-5 (f) of the Land Use
Ordinance prohibits the city allowing this transfer and a new trailer
placed upon the lot, which is now a non-conforming use. Mr. Cellan
was also told that the city declared a four month moratorium on applications
for conditional use permits to place trailers within the city, so the
new purchasers cannot make application on their own.
Mr. and Mrs. Cellan were told the city would contact the attorney and
inquire what legal process can be done to be able to grant their
request.
PUBLIC HEARING ITEM - LAND USE DISTRICT - JOHN O, COTANT, JR.
John O. Cotant, Jr., 420 West Chubbuck Road has applied for a Land Use
District change on property at 420 West Chubbuck Road which is presently
being used for Cotant Truck Lines, Inc. and Mr. Cotant's residence. Hr.
Cotant is requesting a General Commercial (C-2) zone, present zone is
General Residential (R-2)
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PUBLIC HEARING ITEM - LAND USE DISTRICT CHANGE - JOHN O. COTANT, JR.
Councilman Quick moved to accept the recommendation of the Land Use and
Land Development Commission to change the land use from General Residential
(R-2) and rezone to General Commercial (C-2) as outlined in the comprehensive
plan. Councilman Romriell seconded motion, all councilmen voted in favor
of motion.
PUBLIC HEARING ITEM - LAND USE AMENDMENTS - A fifteen day notice has been
published concerning this hearing. The Land Use and Land Development
have made recommendations in regards to items on the hearing notice.
ITEM # 1. SIGN AMENDMENT - Whether the ordinance should be amended to
allow the use of portable signs, etc. Discussed only.
ITEM #2. DAY CARE CENTERS. Whether the ordinance should be amended to set
forth a definition of child care centers with reference to the number of
children, the times of day when care is provided and the fact that care
is provided for compensation.
Councilman Quick moved to incorporate into the Land Use Ordinance the
definition of "day care center" as used in Idaho Code, Sections 39-1201
-1207 "shall mean a home or place in which any child or children not
related by blood or marriage to the person or persons operating such home
are regularly received and cared for during any part of the twenty-four
day ", with the addition of a five children minimum and the fact that care
is provided for compensation, this amendment being the same as recommended
by the Land Use and Land Development Commission. Councilman Kinghorn
seconded motion, with all councilmen present voting in favor.
ITEM #3. LIVESTOCK - Whether the ordinance should further be amended
to exclude livestock except in Agricultural-Transitional (A-T) areas,
and in those areas where livestock were previously allowed as permitted
uses or as valid pre-existing non-conforming uses, under the previous
Chubbuck zoning Ordinance , No. 98. Land Use and Land Development
recommended the above amendment.
Councilman Romriell moved to incorporate into the Land Use Ordinance the
the amendment to exclude livestock except in Agricultural-Transitional
(A-T) areas, and in those areas where livestock were previously allowed
as permitted uses or as valid pre-existing non-conforming uses, under the
previous Chubbuck zoning ordinance, No. 98. Councilman Kinghorn seconded
motion. All councilmembers present voted in favor.
ITEM #4. SIDE YARD REQUIREMENTS - whether the ordinance should be
further amended to reduce side yard requirements in residential land
use districts. The Land Use and Land Development recommended fourteen
foot total side yard requirement with five foot minimum on one side.
Councilman Romriell moved to amend ordinance to require a total of
fourteen foot side yard with a required minumum of 10 foot on one side.
Councilman Kinghorn seconded motion with all councilmen~voting in favor.
ITEM #5 and ITEM #6 discussed only. present
Councilman Romriell moved to adjourn the public hearing on the Land Use
Amendments until after the regular business at the February 26 council
meeting. Councilmen Quick seconded motion, all councilmembers present
voted in favor, xi~u~-.~,~ ~ ~ ('~.-~, f2' ~ '~ .....
Vera C. Armstrong, City f2Ferk