HomeMy WebLinkAboutCindy and Lee Madden CITY OF CHUBBUCK
CITY COUNCIL
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION
This matter comes before the Council on October 10, 1995, from an Appeal of
the Land Use and Development Commission upon the application of Cindy and Lee
Madden (hereinafter referred to as "applicant") for a conditional use permit to operate
on impound storage yard on the real property located at 145 East Linden, 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.
ti..� 3. The property in question is zoned (C-2) General Counsel pursuant to the Land
Use Ordinance of the City of Chubbuck.
4. The property is designated as (C-2) General Counsel 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 S 18.28.040.
6. The Land Use and Development Commission granted the conditional use
below and an interested party appeals that decision.
7. The facts relevant to an evaluation of the relevant criteria and standards are as
follows:
A. Appellants are concerned about bright lights on the property at night
and lack of accessibility to the irrigation ditch to clean it.
B. Applicant is not planning on installing any more lights. The existing
lights are satisfactory.
C. Applicant is willing to set their fence 4.5 feet from the center line of
the irrigation district to allow access for cleaning.
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D. The 4.5 feet proposed by Applicant between the centerline of the ditch
and the fence is adequate for cleaning.
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. Some 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.
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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:
A. Compliance with conditions imposed by the Land Use and
Development Commission.
B. Compliance with City landscaping requirements.
3. The Conditional Use Permit requested by the Applicant is granted, subject to
the foregoing conditions.
4. Takings. Pursuant to Idaho Code $ 67-8001 et seq., the Council makes the
following findings with respect to the decision in this action:
A. This Action does not result in a permanent or temporary physical
occupation of private property.
B. This Action does not require the property owner to dedicate a portion
of the property or to grant an easement.
C. This Action does not deprive the owner of the property of all viable
uses of the property.
D. This Action does not have a significant impact on the landowner's
economic interest.
E. This Action does not deny a fundamental attribute of ownership.
F. This Action does not serve the same purpose that would be served by
directly prohibiting the use or action; nor does the condition imposed substantially
advance such purpose.
DATED thish day of JANUARY ' 1996.
CITY OF CHUBBUCK
4/
MAYOR
AU!EST:
CITY CLERK
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