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HomeMy WebLinkAboutWallace Smith Jr. CITY OF CHUBBUCK \-/ CITY COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION This matter comes before the Council on September 24, 1991 from an Appeal of the Land Use and Development Commission upon the application of Wallace Smith, Jr. , (hereinafter referred to as "applicant") for a conditional use permit to maintain a vehicle storage site on a portion of on the real property located at 310 W. Chubbuck Road, (said area being outlined in yellow on the attached map) , and the Council having heard testimony from interested parties and being fully advised in the matter, now makes the following: FINDINGS OF FACT 1. Applicant has applied for a conditional use permit as particularly described above. 2. All legal requirements for this appeal have been met. 3 . The property in question is zoned C-2 pursuant to the Land Use Ordinance of the City of Chubbuck. 4 . The property is designated as C-2 in the duly adopted Comprehensive Plan of the City of Chubbuck. 5. Relevant criteria and standards for consideration of this application are set forth in Chubbuck Code § 18.28.040. 6. The Land Use and Development Commission granted the conditional use below and the interested party appeals that decision. 7. The facts relevant to an evaluation of the relevant criteria and standards are as follows: A. A vehicle storage area is necessary for applicant's business as he must hold cars for parts and to await payment for repairs made. B. The proposed storage site is less of a negative visual impact than past operation on the site. C. The required eight foot sold fence around the property would eliminate all views of the site and vehicles except to the Crumps. D. The majority of any negative financial impact, if any, would be caused by the commercial zoning of the property and not by this use. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 1 dsc chbbck10. 011 BASED UPON THE FOREGOING FINDINGS OF FACT, the City Council hereby enters the following CONCLUSIONS OF LAW 1. The use for which the permit is sought will not be injurious to the neighborhood or otherwise detrimental to the public health, safety or welfare. 2 . The permit sought will not produce an adverse impact on the economic values of adjacent properties. 3 . The permit sought will not produce a negative impact on transportation facilities, public utilities, schools, public parks, or the natural environment any greater than had the strict terms of the Land Use Ordinance been complied with. 4. The noise and traffic conditions generated by the use for which the permit is sought, when analyzed in conjunction with the noise and traffic conditions now existing does not indicate that the permit should be denied. 5. The use for which the permit is sought shall not work an unreasonable hardship upon surrounding property owners by virtue of its physical nature or by the impact of changes made in the landscape of the land. 6. The aesthetic qualities of the proposed use will not conflict with aesthetic qualities of the surrounding lands. 7. The adverse impact of the proposed use on other development within the City has been minimized by Applicant as much as is reasonably possible. 8. Owners of adjacent property have not expressed approval of the issuance of the requested conditional use permit. 9. The requested conditional use permit, if granted, should be maintained subject to the conditions set forth below. DECISION 1. The City Council, pursuant to the foregoing, finds that the decision of the Land Use and Development Commission should be affirmed. 2. The following conditions, if any, are hereby imposed upon the granting of said conditional use permit and applicant, by taking advantage of said conditional use permit agrees to the imposition of the same: FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 2 dsc chbbck10. 011 4. 1. An eight foot solid wooden fence be put up on all four sides of the property; it must be maintained, kept up, and the weeds kept down inside and outside the fence. 2. There will be no work done inside the fenced yard past 6:00 p.m. 3. No salvage operation can be done inside the fenced area. No cars will be put on blocks, stripped down for parts or left there to rot. 4. All cars inside the fence will be cars that applicant is working on, has business with or is trying to get a title to. (Cars must have tires on them and they are not to be in a rusting, deteriorated condition. If they are, the City may order them removed. ) 5. Vehicles cannot be stacked. 6. No shelving can be higher then fence and any shelving and its contents must be kept in an organized way. 7. This conditional use permit does not include or permit the semi-trailer behind the building. 3 . The Conditional Use Permit requested by the Applicant is granted, subject to the foregoing conditions. DATED this day of acAtobor , 1991. CITY OF CHUBBUCK eglyrif By: YOR ATTEST: grYt, t / CITY CLERK FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - Page 3 dsc chbbck10.011