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HomeMy WebLinkAbout04 12 1987 1 CITY OF CHUBBUCK COUNCIL MEETING APRIL 14, 1987 Mayor: We have a public hearing a item a change in the cities comprehensive plan from single family residential R-1 to limited Residential R-2 with respect to the parcel of land containing 19 acres located on the west side of Hawthorne Road 5500 block south half of the northeast quarter of the northeast quarter of section 4 township 6 south range 34 E of Boise Meredian in Bannock County Idaho, further notice is hereby given that on the 14th Day of april 1987 at the hour of 7:30 pm in the city municipal building 5160 Yellowstone Avenue the city council will hold a hearing to change the comprehensive plan from Single Residential R-1 to limited residential R-2 together with the recommendation of the Land Use and Development Commission interested citizens may be heard at both hearings in regard to the foregoing item, and at the times indicated will be given opportunity to be heard in support of or in opposition to the proposed change in the comprehensive plan. Now is Mr. Lacey here. Roy Quick: Mr. Lacey isn't here. Mayor: Maybe we can dismiss and go home. Lynn Winmill: No, we need to have the public hearing Margaret England: If we did that we might have to go through this for another month, let's make it right now. Mayor: No, I'd just terminate it right here, end it. What do I do if no one is here to speak for it. Lynn: Well, I think you need to have the public hearing. A, I wuld ask. Ray England: I was at that meeting and 100 percent of the commission voted in order to leave it the way it was. A, I with a group of people would like to thank that group for doing a good job and I want through the facts and findings , I looked at the comprehensive plan and zoning plan and looked at the legal requirements and they looked at the owners adjacent to the property they looked at the area surrounding it how it's going to develope possibly in the future, and what residential segments are already there. Testimony was offered and I think that we would like to recommend that the council accept the recommendation from your planning and zoning commission and leave the zoning as it shows in the comprehensive plan. Mayor: Thank you Ray. Is there anyone here to speak in favor of the application. Anybody have any idea if Lacey was planning to be here tonight or not. Do you thing we should just give it up. Lynn: The minutes need to reflect that Mr. Lacey is not here nor is anyone else willing to speak in favor of the proposed change in comprehensive plan and a spokesman has spoke in behalf of approximately 15 individuals who are here in attendance in support of the recommendation of the Land Use and Development Commission and in opposition to the proposed change in the comprehensive plan. Mayor; If there is no one here to speak for. We will close the public hearing and we will go to the council. It would be my recommendation that we accept the 1 recommendation of the Land Use and Development Corn misnion that this application be rejected and that we remain with the comprehensive plan. Now is there a second. Boyd Frillmer: Mayor Mayor: Yes Boyd Fullmer: My observation in regard to all their material as well as the practicable application I think it becomes a practable thing of sorts and also legal that it would make sense there not be this type of development in the area in ques tion. And the comprehensive plan does allow for a developer within the city to be able to develope this kind of a facility should they should so desire. And it is not necessarily the cities responsibility to make adjustments to allow for a development in this kind of a situation and I don't feel it as being common or practicual and therefore I accept the judgment of and the research of the the a Land Board. Mayor: Do you have something, Roy Roy Quick: Yes, as a member who sat on the original planning of the comprehensive plan the purpose of the comprehensive plan as we laid out the difference zones was to add buffer zones between different areas and this is ruunning from one extreme to the opposite extreme and it isn't compatable in my opinion of the original intent of the comprehensive plan for I myself am very much in favor of holding as it was originally planned. Steven England: I would concure with what you said and would make a motion, that we accept the recommendation of the land use corn mission and we reject the application. Mayor: You heard the motion is there a second Boyd Fullmer: Yes Mayor: It's seconded that we accept the decision of the Land Use and Development Corn mission. Lynn: Could I say something Mayor: yes, Lynn: The motion should also include the council adopt the finding of facts and conclusions of law as prepared and approved by the Land Use and Development commission. Steve England: I would include that in the motion. Mayor: second Boyd Fullmer: Second. Mayor: Mr.Quick, yes; Mr Fullmer, yes; Mr. England, yes. 2 1 ) CITY COUNCIL MEETING APRIL 14, 1987 Later in the meeting when Roy Lacey appeared. Mayor: Mr. Lacey's come in, what's the procedure Lynn Winmill: Well, Do you want me Mayor: Please Lynn: Well, Mr. Lacey I advised the council see the public hearing was set at 7:30 you appeared I noted at approximately 8 o'clock. At 7:35 we opened the public hearing you weren't present, we asked if there was anybody present that wanted to speak in favor of it no one spoke in favor of it, but approximately 15 people indicated they wanted to speak against it and one of their spokesman then a a proceeded to very in detail the reasons why all 15 individuals were opposed. The public hearing was then closed and a decision was made unamiously I believe by those here all except Councilman Hopkins to sustain the Land Use and Development Commission recommendation. A when a public hearing is scheduled at a certain time, we have to proceed at that time. I think all but two of three of the people who are here to speak against it had now had left by the time you arrived and so we had no choice but to go ahead and open the public hearing and close it and then we did not know frankly if you were even planned onappearing. So I you know I don't think we had any choice ) but to proceed in the manner that we did. I suppose we have a choice as to how we voted but in lack of any public support including your self at the time scheduled for the public hearing. A, I think that the council was justified in just. sustaining and ) ratifying the decision of the Land Use and Development Commission. That's essentially what happened. Roy Lacey: Do I get go speak now. I was involved in a fire and I couldn't make it. I understand I was here, was suppose to have been here at 7:30 but I was 30 minutes late and a I have been to the meeting here of this council, this meetings I've been here many times and many times when a person wasn't here as that agenda came around they came back to it when the person did arrive. I had a a real serious thing and I could not leave it and I was 30 minutes late. I apologize for it, I didn't get time to clean up. I probably smell like smoke or fire or something, but I came as soon as I could. And I thought maybe I might be a given a a courtesy of later in the meeting. Lynn Winmill: That's the problem it's a public hearing and when it's listed at a given time, that's why we always start with public hearings is because we advertise them to start at 7:30 and a my advice to the council has been that they should began at 7:30 promptly if there is more than one and they will proceed in order until completed then go on with the rest of the agenda. I think when you've seen other ) items put off until the end of the agenda, that's only been non-public hearing items. A I think we have no choice and I think that the options than for you would be to start over or to you know, perhaps if someone perhaps were to contact us so we knew you were coming we could have maybe opened the public hearing and kept it opened until you arrived. But not knowing whether you were coming or not a there was no reason to do that. 1 T- • • Roy Lacey: Mr. Winmill, I feel that I have Lynn Winmill: I'm just advising as legal council as to what Roy Lacey: I've been fighting an uphill battle since I was given the wrong information and last. a a Land Board Meeting I'll bring out to the council men that wasn't there and the people who weren't there that continuous the chairman says that we're going for a zone change, nothing else can be talked about or anything like that. Both the council and both the people talked about a trailer park, it's not a trailer park, I want a zone change to 6,000 square foot lot so I can have a subdivision. If I should have to go to 7,000 then a R-1 does not a come within my plans and a it's not a trailer park. It keeps being advertized as a trailer park and it's not it's a a a subdivision built by the code of the City of Chubbuck. And I have one subdivision in the city of Chubbuck and I would put the street that I built, sidewalks I a a anyhow, I required the sidewalks to be built as the house was being built, and there all sidewalks. A I would put that subdivision in appearance and stability against any subdivision in the City of Chubbuck and you don't have to go around with a L.I.D in my subdivision and the one I've got planned you won't have to worry about an L.I.D. a I think I've got a good record, but I feel also that I've been one person against a the entire a a attendance. So I do think I have been fighting an uphill battle, and I don't think I've been given a a a well. I think I've been talking on some deaf ears, especially with the Land Board, especially when the chairman says not to talk about anything but a zone change and he kept bringing up what I was going to do and they don't know what I wai going to do. I want a subdivision an R-2 subdivision is what I want. And I I do a a plan on having it one way or the other. And it it might take a long time but a I don't think I've been a given a a much a consideration. Mayor: I would I would certainly agree with you that the subdivision that you built was a good subdivision. You did everything in first claw shape. Their is no question about that. A I guess the council and Land Use Board have trouble deviating from the a what's the name of the plan. I can't think Lynn Winmill: Comprehensive Mayor: Comprehensive plan, and a I've sure that you must have a good reason for not going along with an R-1 designation in the 70' lot instead of the 60. 70' are larger and a I a guess you know, whatever that is that's you business why you don't want to but a you know with an R-1 zone in there's I guess there's many options to what you can do. Several options, but a the lot sizes are different that's what it amounts to. Roy Lacey: Mr. Mayor, A I've pointed it out that the only R-1 on the west side of Yellowstone is a Homestead, and Dell Road's and the new subdivision out here on Mr. Mayor: Heritage Steve Smart: Heritage West Roy Lacey: Is the only one west and I continue heard this line of being spot zoning and I think I possibly a Homestead and Dell Road is spot. zone a because the only other R-1 is all farming area in the entire West side that's, there's no, a the entire section is surrounded all the people that's living out there that has been protesting or are living in except on Dell Road and Homestead. The boundaries around 2 , -7- • are 150' deep is R-2 around the corner and down Siphon Road facing Hawthorne all that's R-2 and I don't feel like it's spot zoning I have it's been public that a there a desire that I have one acre lots and their a desire to compromising for half acre lots and I I don't plan on that a a that's the worst lots that you can have a far as a my experience has gone a you don't keep up your lots you don't a it takes to much machinery and time to keep the weeds down, the grass down and that and an R where their is one acre lots they've got live stock which I understand in R-1 you can't have livestock. A, I just don't think that a a I been justly treated. A I I know I was 30 minutes late today but I was my full intent was to be here at 7:30 and a I'm not going to leave a gra-% fire burning it's not a the with me to do. I got here as soon as I could. So Mayor: Well, we have the time. Lynn Winmill: Well, the only way we can undo the action taken will be for a I guess a Mayor: We'd have to have another pubic hearing. Lynn: Yhah, I think that the only thing that could be for one of the council members to vote to reconsider the previous action and open it up and request it to be readvertized. Otherwise, I think the decision would have to stand. The decision was made unless their was one member of the council who wanted to do that I think the matter would have to stay in its current posture these you know are the basis upon which we could advertise as long as the decision had been made. Mayor: When that council of view in what Mr. Lacey has commented here, a do you feel any change in your thinking of the decision that you made. I know that's kind of far out, but do you see any change in your thinking that. I think he's pretty well pointed out his position and a why he feels that. He's pointed out that he feels that other areas in R R-2. They aren't all R-1 on the west side of the city which that is true. A It doesn't take in any spot zoning in view of that is their a desire to change your thinking, and change your vote, or to change your thinking to the extent that you want to have another public hearing. Or would another public hearing in your thinking result in the same decision and therefore costing Mr. Lacey time and other's just costing time to go through the motion. I know that's kind of side on the spot question, but I think that's what you need to know. LeRoy Quick: I speak to the question myself to begin with because I sat on the original planning group with the comprehensive plan as we outlined it and we did go through the area and look for development of the areas and the area immediately to the south with the exception of those properties that front directly on Hawthorne Road which we allowed an area there for R-2 the all the area to the a immediate south of the area proposed is R-1. The purpose of the zoning by R-1, R-2, R-3 and R-4 was to differentiate them areas types of construction and the zone were to be designating buffer zones by the R zone designation and I I won't change my vote because I voted originally to put the plan in force and I would still be in favor of leaving it as it was original set up as R-1. Boyd Fulmer: Well, I would make the observation that a a from my a experience of a like time in the days of the comprehensive plan in its formulative stages and a and a recognizing the need and in areas to a endeavor to allow for some consistency and that was a word that surfaced repeatedly a at that we were going through that process as I recall it the feeling that I have that it it just simply ought to be in compliance with the a intent of the comprehensive plan. A recognizing the 3 comprehensive plan does provide for some hardships for some difficulties for particular people trying to do a particular thing on a given parcel of ground, but even so a the a the a zoning is in place in accordance with with a very carefully deliberately look I haven't really seen any different in the city that would justify for me a change of my my position either, so maybe with that explanation. Mayor: Steve Steve England: Well, I I had a had occasion to look through what what the findings of fact and conclusions of law were in relation. It's a little hard for me to be very inconsistent with that also, just simply because I I have a feel for a person having some property and being able to do with it what he would like to do within perimiter that are to the consistent growth of the city and a we just need to look at why they did what they did when they put the comprehensive plan together and it seems consistent. to me that what they did was out in areas that a were un un developed at the time but we wanted to see that kind of a development go there with a buffered in I between it and if we just kept zoning out farther and farther with R-2 there isn't any buffer there. There's got to be a place where that starts and I think we'd be inconsistent if we didn't stay with that kind of planning. Mayor: Any thought Becky Hopkins: Well, I wasn't here earlier, I had a commitment. I kind of agree with what has been said I was a in on a lot of the comprehensive plan to, and our hope was to upgrade and to to a encourage R-1 development in a lot of areas and my hope is still that, that the city will develop that way. So I've have a hard time reversing the Land Use decision. Roy Quick: Mayor, Mayor: Yes Roy Quick: One other thought that I have to. It wasn't just the decision of the council, I don't want to leave that Becky Hopkins: Right Roy Quick: feeling either, because it went through pnhlic hearings. We had more public hearings on every stage of development through this work, years when we went through this. Now you didn't own the land at the time, I understand that Roy and that wasn't your fault, here nor there or whatever, but these were steps that were went through public hearing as well and this was the vote of the people as well too that we represent through all those areas also. Roy Lacey: Yes, you said one time about your a feelings. A, I know that you know that have an adult retirement plan there and I figured up the sewer, the water, and the garbage collection and the taxes, the city of Chubbuck would realize a 35 to $50,000 annually. It would be a clean subdivision, it would be fire hydrants, storm sewers and sidewalks and things that you don't have to worry about for the rest most of the rest of the city. It will be a part of the city that you shouldn't have to have much police protection because their elderly people. It's something that I think should be done in the area, you don't have one in the area, and I think my courage at spending almost $600,000 to do this thing, I should be allowed some kind of consideration, and because some people next door to me wants one acre lots I don't think a possibly that a if I started raising pigs or something there they would 4 ' A object to it, but by me willing to develop a clean subdivision, fence it completely around so their dogs can't get over into my place, then your against it. So I just don't understand a one thing I would like to ask you is how many subdivisions have you had in the City of Chubbuck for the last. five years. I know one that started and they shut it off because of the feasibility of it. A and I don't know of another subdivision built in the City of Chubbuck and I think that this opens opens up something for the City of Chubbuck it gives you more of a potential for incomes you got, I know that their is going to be more taxes here. A I've got the compre, I've got the whole map of Chubbuck and the zoning and everything and to me the only thing besides farm ground that's zoned R-1 in my neighborhood is those two streets and they don't conform to R-1. Why aren't they conforming to R-1, the they was that way when you put them that way, now your compre, your land board made them R-1. If you don't a conform to R-l. So I think I have an argument, I think I should be, I think I deserve an R-2 in that subdivision and I I think by fencing it these people don't worry about animals coming over to their place, I get horses in my hay, they tear up my bales, there out there at night and holes dug out in my place and I don't come down you know to anybody and complain about it. A they burn my irrigation pipe, they burn the rubber gaskets out of it, there's evidence of it out there, that's fine, but for me to fence in an area for a decent well kept subdivision I cannot understand anybody's thinking. It's got to be R-2 because I've got a our homes making plans for building, and moving onto basements, I've got Boise Cascade down here with some plans that I had them make, that fit 60 foot lot, a I've made plans to these people don't have to get off the subdivision it would be very, there won't be much traffic out of the subdivision. There elderly people, it's a place for people to go that don't want to go to a rest home. It's a place for people to go that can be in their own environment and I just cannot understand why one day we'll be there, we'll want to say I wish I could go someplace where I could be with people my age, because my kids won't have nothing to do with me and I I would like some company. I'd like to play a little pool or I'd like to play cards or I'd like to just set around and reminisce old times. We don't have a place like that right now, You've got to go to the senior citizens and that center keeps being moved from place to place to place and they have to go and they don't know what to expect. So a I cannot. comprehend what is taking place right now. Mayor: Well, I guess I kind of come back to that same question, Roy. A I I agree with you a there is some desirability of this type of a subdivision where people are in their own area, but a why can't it be an R-1. That's all I'm saying it's just 10 per 1,000 square feet more a lot. Roy Lacey: I've, for ten years I've gone to these parks and I've even talked to you and I've talked to Howard Kunze and different ones about locating in your own environment. A I've owned a park very shortly in Blackfoot last summer and it's all old people in there and they didn't want to keep their yards up and I ask them about what they thought of it. They wanted single wide, their living in single wide's because they can have them there. They'd like just little lawn around the front of their place because they can't mow their lawns and my a you look in my my covenants there is one of the costs living in a subdivision is that I mow the entire, all the front lawns. No fences in the front lawns and tentatively I've come up, I've, I've agreed to a snow removal of the sidewalks and the driveways, now that you know you can't go out. immediately and remove all of them, everybody being calling for it so I had to be something worked out with me you know daily, but for the $35.00 a month it means removal of snow, take care of the front lawns, there's no fences, read this covenants. There's no fences in the front lawns, I'll keep two school kids busy all summer mowing lawns, I'll keep the same two busy or just. two of them busy cleaning sidewalks, with rotaries and whatnot all winter when the snow comes. So it's a part 5 7. • time job for two people. I've got full time jobs for two people, and I've spending $500, I've got bids for $556,000 to do it with. It's going to be enclosed, I've talked to Cary about fire road, the fire road was, one road in was questioned and I I come with a fire road to go in between two lots I have and a it's all been worked out, why we can't have it. A, have you like is there any future subdivision planned in this city. Do you plan to expand, a is there any businesses being built here. Or a just a zero, I mean it's just. not feasible. And I I believe in this and I believe there's enough people in Pocatello and Chubbuck areas that I can feel this up in two years. And the taxes I'm estimating about $500 each, there's 85 lots. The City of Chubbuck will get some of that, I'm estimating a there will be 80, or 90 no I've got to cut those lots down so there's about 92 a new sewer hook-ups, there's 90 water hook's, I know that going to generate some kind of revenue and my figures, I figure between 35 and $50,000 a year and why it's not going to be an eyesore. The lots have got to be small because people don't want the big lawns. They like to have a 10 x 15 garden space and that's about it. A place to park their RV, I've got off street parking there's no on street parking for residents, only visitors, only the visitors can park on the street. The residents has to park off the street, and don't know of another subdivision in town that requires that. I just. think it will be a clean, a clean town. I can't see there's so many people against having something like that, it's like I say one day well were all going to be old, one day we'd like to have something like that. And I would like some reconsideration, I'd like to see it get in, I'd like to get started this year. A I've got the thing here, I can't see where it's spot zoning other then a the other R-1 is out into the farm areas. I've been told that I would depreciate the properties, I've got a literature where it don't depreciate properties and a I've got a one of your a mobile home park owners over here that bought a strip of land for $1500.00 they built a road into their park they sold a little piece of land they had left over out of that for $4500.00 right next to their park. This guy split it down the middle and sold half of it for $4500.00. Now that's taken place next to a mobile home park in your own town where this land has increased in value next to the mobile home park. This is not going to be a mobile home park, I'm going to have a 60 foot lots and I've going to have them 5' from one side and at least 10' from the other side which will be more then 10' from the other side and a the homes that I'm going to have built for it I've got a couple of contractors that interested and onn building some spec homes on it like that. Because there they have as much faith in it as I've got that these people that live around children all their lives they don't want dogs coming around and tearing up their hedges and stuff like that and I can take it Pete Porter right over here on a Canal Street that house behind the one on the corner that I Wit. He in Oregon because the kids and the dogs and everything's all over the place and then also his lawn and garden is so big he don't know what he's going to do with it this year. He's in his 80's she's in her 80's. They would, they said they would buy the first kit that I built over here, to get over there to get away from this. So I I have faith it will go and a it will be in an R-2. There will be no single wide's, there will be double wide's that's a will exceed in appearance and exceed in quality then most of your stick builts. If you get in them and look at them I've got statements from two mobile home parks that can sell $35, $40,000 double wide's they strip everything out from under it and put on. Everything I've got has got to go on a permanent foundation there's no temporary foundation in the whole a it's not allowed, and a they can sell any amount of these $35, and $40,000 homes if they had a place to put them. They've taken them out on mobile home parks and they do not want to live in a mobile home park. What I'm building is not a mobile home park, it's a place where you can put these $35, $40, $45,000 home and put them on foundations, their own basements and live in your own environment. And I think that will be a pilet for this town to come up with an adult retirement place where these people that don't want to go to a rest home can't afford to go do here on Quinn Road at $900 apiece a 6 a. month and a places like that. There a place that they can live economically. There's a club house that plans for it, it will be built the first. year. A there a recreational area planned for it. I just it floors me to think that I've got so many people against it. As far as a big lot they don't want a big lot, I've I've say 100 times over the big yards are a ? Mayor: Ok Boyd Fulmer: Mayor, I've just made an observation, I don't really think if there if there is a. If there is a synopsis maybe that could be said at least. in my mind it would be this. I really don't think there is anyone opposed to that development I believe your right that it's time has probably not only come but it's were into it. It has a usefull purpose a very useful purpose and and a even it was though of at the time the comprehensive plan came into being. As a fact of life for the times that we were in and approaching, and and what you just. indicated a all of which I was aware of but it was just. rereminded me a what an excellent idea it is. The only problem that were really looking at is the a the zoning needs to be relocated and I don't think you have any problem in the right zone coming to this council and getting it approved. So I hope you haven't misunderstood that aspect of what were saying. Roy Lacey: A sir, your Mr. Fulmer Boyd Fulmer: Yes Roy Lacey: A look on the your east bench all around you, all the farm land is zoned R-1. I've looked all over and your comprehensive plan don't allow for something like that. Boyd Fulmer: Well Roy Lacey: You don't have a place in R-2 other than circling everything, all the farm land both sides is R-1 that's something I don't understand. Boyd Fulmer: Yhah, I don't understand it that way. Roy Lacey: Say like where would you say I could get 20 acres that's an R-2. Boyd Fulmer: Well, I'm not familiar enough with the packages to know Roy Lacey: I've got the map right here Boyd Fulmer: Ok Roy Lacey: I could put it up and show it to you, all of it. This is R-1 there's nowhere there no designated R-2 outside the city limits. Unaudable Roy Quick: Right across the street there's R-2 all through there Roy Lacey: Earl Fliis wants $285,000 for it. Roy Quick: I say, that's all R-2 up off Whitaker Road, it's all R-2 Roy Lacey: That's Thirteen acres, about thirteen acres. 7 4. lecky Hopkins: Well Roy Lacey: He wants a $185,000 spot Becky Hopkins: Your point is well taken that that were not against the development, were just. feeling that the comprehensive plan needs to be supported. A we've made that decision a Mr. Winmill told you what you could do now if you wanted to. A but he has to resubmit it. Mayor: Yhan, that's what it would have to be. Becky Hopkins: And so, I you know were we've listened, were convinced it's a good park, were convinced it's a good idea, it's just the wrong location. Roy Lacey: That wasn't the question Becky Hopkins: That wasn't the question at all anyway, so a I just feel like that you need to try something else, I guess. Roy Lacey: I could raise pigs there can't I. I mean Becky Hopkins: We don't allow pigs within the city limit. Steve Smart.: It's out of the city. Becky Hopkins: Oh,? Roy Lacey: It in the county Becky Hopkins: I guess you can Roy Lacey: I want to do something good and I know why I'm being shot down because the people that shot me down don't even live in the city I The one that started the petition and the one that's pushed this thing and pushed that it's a trailer park don't even live in Chubbuck, and I own two homes in Chubbuck. I pay taxes on two homes in Chubbuck. I pay water on two houzcz in Chubbuck and and a I I bought one that's on Briscoe Road, it's a no sidewalk the street terrible. A no planning and it's just an ugly place, and I could take you over there Mayor: It's been there a long time, Roy Quick: It was long before any planing or zoning. Briscoe Road was there before I ever ran Several speaking at once Roy Lacey: I want to build some thing that's planned and you won't be listing for a L.I.D. and you won't be listing for the a lot of things like that you have to put up with your a Roy Lacey: R-1, is fine but I can't put in what R-1 what I want. The lots for one thing are too big. A as far as it being a decent looking place it'll look better than R-1 that get the around it. A so your rules in your R-1 is a pointless unless you can go out there and make those people cut their weeds and stuff like that. You can't do that so a they don't want to look across the fence and see nice mowed lawns 8 , v w and stuff like that and they don't want to look across and see all new buildings. They want something different they want one acre lots and I can't comprehend it. Mayor: Well, we appreciate your a a concern and comments and I a we pretty well pointed out a what were bound by and what we can do. So at this point I would say that's just about all we can do. Roy, just there isn't anything else we can do. Roy Lacey: A Mayor: Other than if it was an R-1 then you could Roy Lacey: There's no point in me resubmitting to get a zone changed again it would be your time and my time. Your all against changing that zoning which I don't think has been R-1 to start with, there's no point in me resubmitting it. A the only point that I know what to do would be to I don't know of any other way, but I do know that there's a the Salt Lake County is in a lawsuit right now for some of the action that they've taken and I've got literature on others that has lost. A but as being a a what you call prejudice but a I just think that a there should be a reconsideration and I think that there the zone should be changed to R-1 or R-2 and a I just don't feel like making another nasty nest. Mayor: Well I would suppose that if there's, if legally there's a problem why that's something we'd have to face at the time. A at this time a we have followed all of the procedure legal for the application, in regard to the hearings, etc. and a the answer is there. A Roy Lacey: Mayor, I would like for you to hear the tape of that Land Board Meeting and listen to, the instructions that was given and then the comments that was made. They wasn't followed a line of thought wasn't followed. I Sue Parrish talked to me later and she had the idea that I wanted a trailer park and that wasn't to be in the line of thought. The line of thought was zone change, changing. I'm not going for a trailer park, a. The only thing that I had that resembled a trailer park was a fifty foot lots but which last meeting with you that I pulled it, I said I changed them to 60' lots. A, so that's out, it's got to be 2x6 studs in the walls, a I can assure you that stick build houses are most of them are not as good as these houses. Becky Hopkins: Uhum Mayor: Well I think Roy, that's about where we are in this point in time. Roy Lacey: Ok Mayor: We appreciate your concern I don't know what else we can do Roy Lacey: The last with the City Council because their minds are set and I can't see spot zoning, like I say the only inside of the City of Chubbuck inside the City of Chubbuck is Homestead and Dell. Dell don't have a sewer and if they had to they would have to have an L.I.D. Homestead the only sewer they've got is what the City of Chubbuck put in there, and like I've got a beautiful plan for sewer, water and everything is in there right up to the property Mayor: Well, we know that, we realize that. But a you know we've just gone, we've gone the requirements, the legal requirements as we know them and a a while it's apparently ruled against what your desires are, a that's the decision that's been made. 9 Roy Lacey: Ok, air, and you don't have any objections to me going someplace else. Mayor: No I guess whatever you have to do, you have to do. Roy Lacey: I don't mean move someplace else, I mean a thank you Mayor: Ok, 10