HomeMy Public PortalAbout2006.04.13CUP-06-01 recorded FindingsInstrument # 378466
VALLEY COUNTY, CASCADE, DAHO
11,211-2913 e11:02:14 No. of Peps: i
Recorded for : CITY OF
ARCHE N. BANBURY
Ex-Officio Recorder
Index to: MISCELLANEOUS
MCCALL CITY COUNCIL
FINDINGS AND CONCLUSIONS REGARDING AN
APPLICATION FOR CONDITIONAL USE PERMIT
CUP-06-1
Lick Creek Meadows Duplex, Lot 5
The Council finds that:
1. An application for approval of a conditional use permit in the A -Low Density
Residential zone per MCC 3-8-030 was submitted on February 8, 2006 by Scott
Findlay for Lick Creek Meadows, LLC.
2. The application for a conditional use permit would allow a duplex on Lot 5, Block 1,
of Lick Creek Meadows Phase I.
3. Lots 5, 6, 8-14 and 17 were proposed to be duplex lots within Lick Creek Subdivision
at preliminary plat. The proposed duplex lots are approximately one-half acre in area
to maintain the same density throughout the subdivision.
4. Companion applications (CUP-06-2 through CUP-06-9) request conditional use
permits for other duplexes in Lick Creek Meadows, Phase I.
5. Lot 5 and Lot 6 have a shared driveway easement recorded on the final plat of Lick
Creek Meadows, Phase I.
6. The McCall Planning & Zoning Commission held a properly posted and noticed
public hearing on March 7, 2006. A transcribable record was made of the public
hearing.
7. The Commission reviewed a staff report dated February 28, 2006.
8. The applicant did not make a presentation to the Commission.
9. The Commission took public testimony both for and against the application. The
testimony was made part of the record.
10. A petition with 30 signatures opposing the conditional use permit applications was
submitted during the public hearing.
11. Images of the proposed duplex designs and floor plans were submitted during the
public hearing by a real estate agent working for a potential buyer of one or more of
the duplex lots.
12. MCC 3-31-030 states that a conditional use permit shall be granted only if the
Planning Commission finds that the use, as applied for, in fact will:
1. Constitute a conditional use authorized in the zoning district involved.
2. Be harmonious with and in accord with the general objectives, and with
any specific objectives of the Comprehensive Plan and/or Title 3. Per 3-
27-020, the applicant shall provide natural trees, shrubs, and grasses, or
provide and maintain landscaping on all areas not actually utilized for
required off-street parking, minimal roads, and buildings.
McCall City Council
Findings and Conclusions
CUP-06-1
April 13, 2006
Page 1
3. Be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or likely character of the
neighborhood, and that such use will not change the essential character
of the surrounding area.
4. Not be detrimental to the health, safety and general welfare of persons
residing or working in the neighborhood of such proposed use.
5. Not cause any substantially harmful environmental consequences to any
land or waters within the planning jurisdiction.
6. Not create excessive additional public cost for public facilities and
services, and will not be detrimental to the economic welfare of the
community.
7. Be served adequately by essential public facilities and services including
highways, streets, police and fire protection, drainage structures, refuse
disposal, water and sewer, and schools. The applicant may be required,
as a condition of approval, to mitigate any deficient public service.
8. Not involve uses, activities, processes, materials, equipment or conditions
of operation that will cause unreasonable production of traffic, noise,
smoke, fumes, glare, odors or other forms of pollution.
9. Have vehicular approaches to the property so designed as not to create a
detrimental interference with traffic on surrounding public thoroughfares.
10. Not result in the destruction, loss or damage of an important natural,
scenic or historic feature.
11. Be on a site of sufficient size to accommodate the proposed use,
including the yards, open spaces, snow storage, walls, fences, parking
areas, loading zones and design standards applicable.
13. Staff recommended approval of CUP-06-1 to the Planning and Zoning Commission
with the following conditions: a.)The duplex shall provide either an oversized garage
or attached storage shed for each unit for the storage of household goods, personal
items and other items such as but not limited to bicycles, shovels, garbage cans, etc.
b.)The duplex shall be subject to design review. c.) The maximum dwelling unit
occupancy shall be a family plus two persons unrelated to the family; or no more
than three unrelated persons.
14. The Commission concluded that the proposed conditional use complies with MCC 3-
31-030 in that:
1. The proposed use is authorized in the zoning district involved.
2. The proposed use is harmonious with and in accord with the general
objectives of the Comprehensive Plan and Title 3. The CCRs require
approved landscaping with native plants or compatible vegetation by the
Architectural Control Committee.
3. The proposed use is not detrimental to the health, safety and general welfare
of persons residing or working in the neighborhood of such proposed use.
4. The proposed use will not cause any substantially harmful environmental
consequences to any land or waters within the planning jurisdiction.
McCall City Council
Findings and Conclusions
CUP-06-1
April 13, 2006
Page 2
5. The proposed use will not create excessive additional public cost for public
facilities and services, and will not be detrimental to the economic welfare of
the community.
6. The proposed use with conditions will be served adequately by essential
public facilities and services including highways, streets, police and fire
protection, drainage structures, refuse disposal, water and sewer, and
schools.
7. The proposed use does not involve uses, activities, processes, materials,
equipment or conditions of operation that will cause unreasonable production
of traffic, noise, smoke, fumes, glare, odors or other forms of pollution.
8. The proposed use will have vehicular approaches to the property so designed
as not to create a detrimental interference with traffic on surrounding public
thoroughfares.
9. The proposed use will not result in the destruction, loss or damage of an
important natural, scenic or historic feature.
10. The proposed use will be on a site of sufficient size to accommodate the
proposed use, including the yards, open spaces, snow storage, walls, fences,
parking areas, loading zones and design standards applicable.
15. The Commission concluded the proposed conditional use does not comply with
MCC 3-31-030 in that:
1. The duplex has not or will not be designed, constructed, operated and
maintained to be harmonious and appropriate in appearance with the
existing or likely character of the neighborhood, and that the proposed use
would change the essential character of the surrounding area.
16. The Commission recommended that a second hearing was unnecessary.
17. The applicant appealed the Commission recommendation in a letter dated March 10,
2006.
19. Three letters of support for the conditional use permit, dated March 10, March 30,
and April 3, 2006, were received by the Community Development Department.
20. The Lick Creek Meadows subdivision has been approved by the City and any
consideration of a conditional use should be in the context of the approved
subdivision, not the preexisting condition of the land area occupied by the
subdivision.
21. Approval of the subdivision did not presume future approval of duplexes on the lots
in question.
22. The applicant submitted new evidence to the Council that the duplex would be
designed, operated and maintained to be harmonious and appropriate in
appearance with the likely character of the approved subdivision, and that the
proposed use would not change the essential character of the surrounding area.
23. The City of McCall Wastewater Policy (Resolution 06-08) provides a mechanism
whereby adequate wastewater capacity can be provided to support the duplex units
McCall City Council
Findings and Conclusions
CUP-06-1
April 13, 2006
Page 3
while protecting the public health, safety and welfare. Building permits for the
duplexes will be issued in conformance with the Wastewater Policy.
The Council concludes that:
1. The proposed conditional use meets the requirements of MCC 3-31-030(A).
2. The application for CUP-06-1, Lick Creek Meadows Duplex, is hereby approved
with the following conditions:
1. The duplex shall provide either an oversized garage or standard garage with
attached storage shed for each unit for the storage of household goods, personal
items and other items such as but not limited to bicycles, shovels, garbage cans,
etc.
2. The duplex shall be subject to design review prior to application for a building
permit.
3. The maximum dwelling unit occupancy shall be a family plus two persons
unrelated to the family; or no more than three unrelated persons.
Dated: April 13 2006
William A. Robertson
Mayor
Attest:
J ndeYork
City Clerk
McCall City Council
Findings and Conclusions
CUP-06-1
April 13, 2006
Page 4
ACKNOWLEDGMENT CERTIFICATE
STATE OF IDAHO )
) ss.
County of Valley )
On this iI day of
personally appeared William A. Robertson and Joanne York known to me to be the
Mayor and the City Clerk of the City of McCall, that executed the said instrument, and
acknowledged before me.
aom
gU E
(SEA
, 2006, before mo-Oe-Z>iQSizt
Notary PublicIdo
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