HomeMy WebLinkAbout06 05 2024 CMCHUBBUCK
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City of Chubbuck
Council Meeting Minutes
June 5, 2024
6:00 PM
City Hall Council Chambers
290 East Linden, Chubbuck, ID 83202
CALL TO ORDER: Mayor England
PLEDGE ALLEGIANCE TO THE FLAG: Councilmember Evans
COUNCIL PRESENT: Norman Reece, Melanie Evans, and Roger Hernandez.
STAFF MEMBERS PRESENT: Mayor Kevin England, City Attorney Ryan Lewis, Public Works
Director Bridger Morrison, Community Services Director Devin Hillam, Planning Manager Don
Matson, Police Chief Nick Sasser, Fire Chief Merlin Miller, Human Resource Director Scott
Gummersall, City Treasurer Rich Morgan, and City Clerk Joey Bowers.
Mayor England excused Councilmember Dan Heiner from the meeting.
DISCLOSURES OR CONFLICTS OF INTEREST ON ANY AGENDA ITEMS: None were reported.
APPROVAL OF MINUTES: May 1, 2024.
Councilmember Reece motioned for approval of the Study Session and Council Meeting minutes.
Councilmember Hernandez seconded motion for approval of minutes.
Roll Call: Reece -yes, Evans -yes, Hernandez -yes, motion passed.
GENERAL BUSINESS:
Appeal of Land Use and Development Commission's Denial Decision for a Variance
located at 1026 Lexington St., in accordance with section 18.28.080 of City Code.
(Council will discuss the application and if it meets City code).
Applicant Anthony Harral presented an application for a variance to reduce the
required side yard on a corner lot from twenty feet (20') to five feet (5') in the Single -
Family Residential (R-1) zone. The proposal would accommodate a 30' x 36' detached
shop/storage shed. Mr. Harral stated that before purchasing the property with his son he
had met with the building department back in September 2023 about building a shop on
the property. The building department had given him preliminary requirements and
setbacks. It was his understanding that his shop had meet all those requirements and it
wasn't until after he had purchased the property and came to get a building permit that he
discovered that he did not meet the required requirements. After meeting with City Staff
multiple times and discovering that there was some discrepancies in City Code. City Staff
recommended applying for a variance to reduce the required side yard on a corner lot from
twenty feet (20') to five feet (5') and to clarify where the side yard ends and the back yard
begins. Mr. Harral also talked to the majority of his neighbors before applying for this
variance to see if they had any issues or concerns. The garage doors access will be off of
the current driveway with a second access in the rear to store a classic car.
Community Services Director stated that this application had been reviewed by City
Staff and does not appear to meet the comprehensive plan and the standards of Titles 16,
17 and 18 of City Code, and recommended denial. 18.06.410B states that on a corner lot,
regardless of the facing or configuration of the principal structure, there shall be a yard on
one side that is at least the amount of the minimum front yard setback set forth in
subsection A of this section, and the other side on the corner shall be not more than five
feet (5') less than the setback set forth in subsection A of this section [25']. If a garage or
carport opens into the smaller of the two (2) setbacks, the garage shall set back the same
distance as the required front yard setback on the adjacent corner. Hillam also stated that
there is a ten foot (10') public utility easement behind the right-of-way line.
The Council went through each of the requirements of section 18.28.030.B.5. Standards
for Approving a Variance. Councilmember Hernandez and Evans disagreed with City
Staff and felt like the applicant had met requirements 3 and 4 due to the fact the location of
the public utility easement, size and shape of the lot, location of the house, and location of
the lot on a corner created undue hardship as related to the characteristics of the land
which would deprive the applicant of rights commonly enjoyed by other properties in the
R-1 zone.
Councilmember Evans motioned to approve a Variance located at 1026 Lexington St., in
accordance with section 18.28.080 of City Code. Conditional upon that the shop/storage shed be
designed and built outside of the right or way and public easements.
Councilmember Hernandez seconded motion for approval.
Roll Call: Hernandez -yes, Evans -yes, Reece -no, motion passed.
2. Approval of the Alcohol license for Beer, Wine, and Liquor for Los Gavianes Mexican Grill.
(Council will discuss if all City, State and County requirements have been completed). (Action Item)
City Clerk Joey Bowers presented an Alcohol license for Beer, Wine, and Liquor for
Los Gavianes Mexican Grill.
Councilmember Hernandez motioned to approve the Beer, Wine, and Liquor License as
presented, conditional upon on all City, State, and County fees are paid in full.
Councilmember Reece seconded motion for approval.
Roll Call: Hernandez -yes, Reece -yes, Evans -yes, motion passed.
3. Approval of Firework Permits for 2024.
(Council will discuss the applications and if they meet city code).
City Clerk Joey Bowers presented the firework permits for 2024.
Councilmember Reece motioned for approval of firework permits for 2024 contingent on final
inspection from the Fire Department.
Councilmember Hernandez seconded motion for approval.
Roll Call: Reece -yes, Evans -yes, Hernandez -yes, motion passed.
4. Approval of Items for Auction or Disposal.
(Council will discuss City property for auction or disposal).
Councilmember Hernandez motioned for approval of items for auction or disposal.
Councilmember Reece seconded motion for approval.
Roll Call: Evans -yes, Hernandez -yes, Reece -yes, motion passed.
5. Discussion and possible adoption of Resolution XXX about whether to have Miller Park
(corner of Angela and Philbin) farmed this year.
Councilmember Hernandez motioned to deny the request to farm Miller Park due to community
use and low annual maintenance costs.
Councilmember Evans seconded motion for denial.
Roll Call: Hernandez -yes, Reece -yes, Evans -yes, motion passed.
CLAIMS:
1. City of Chubbuck claims for June 5, 2024 as presented to Mayor England and
Council.
Councilmember Reece motioned to approve the City of Chubbuck Claims as presented.
Councilmember Hernandez seconded motion for approval.
Roll Call: Reece -yes, Evans -yes, Hernandez -yes, motion passed.
ADJOURN: Mayor Kevin England adjourned at 7:29.
#Wv�_rs-City Clerk
Kevin Englan - ayor