HomeMy WebLinkAbout00000369 CITY OF TWIN FALLS, IDAHO
APPLICATION
for
SPECIAL USE PERMIT
Date of Application: - 2-1-83 Application No. : 3 0"
Approved as to Form (Staff) l�� Fee: ��� O
A. Applicant:
1. Name: D D. Ed s
Signatur
Address: Route 1 win Falls, Idaho 83301.
Telephone No. : 734-3708
2. Contact Person (if other than above) : Don Edwards
Address: 1631 Elizabeth Blvd. Twin Falls, Idaho.
Telephone No. : 733-2670
B. Request:
1. That a Special Use Permit be granted for the real property located at
(street address): Section 7, Twn. ll, Range 17
and legally described as: See Attachment A
for the proposed use of: See Attachment B
2. Present use of property: Residence and farming
3. Existing Zoning District: P
C. Conformance with Comprehensive Plan:
The request is in conformance with the Comprehensive Plan of the City
of Twin Falls, Idaho? yes , no
If "no" explain:
A .request for Comprehensive Plan Amendment is required for requests not
in conformance with the Comprehensive Plan.
D. The Applicant Shall Submit the Following Additional Information:
1. The applicant must prove ..control of the property for which the request
is being made by providing one of the following:
' a. Copy of deed See Attachment A .
b. Copy of Earnest Money Agreement or Contract of Sale duly
acknowledged by both buyer and seller.
c. Copy of lease agreement and owner's written consent.
2. A list of names and addresses of all property owners and residents
within three hundred (300) feet of the perimeter of the subject
property. See Attachment D
3. A plan to scale of the proposed site for the Special Use showing lot
dimensions, location of all, buildings, parking and loading areas,
traffic access and traffic circulation, open spaces, landscaped
areas; refuse and service areas, utilities, signs, setbacks, fences,
etc.
4. A written statement containing:
a. The reason for the request. See Attachment C
b. An explanation of the project including hours of operation,
traffic anticipated, number of employees, etc.
C. An evaluation of the effects on adjoining property; the effect
of such elements as noise, glare, odor, fumes and vibration
on adjoining property; together with a discussion of the
general compatibility with 'adjacent and other properties in
the district.
OFFICIAL USE ONLY:
Commission Hearing: Publish
Hearing
Council Hearing on Appeal : Publish �S
Hearing `s
COMMISSION ACTION
Date: 2kAdj ir j Motion:
r
Conditions:
By: � 2nd by: Vote: yes no:
Testimony given by:
ADDITIONAL COMMENTS BY ZONING OFFICIAL
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/ CITY COUNCIL ACTION
Date: ��� Motion:
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Conditions: '
By: 2nd by:- Vote: yes , no ZZ
Testimony given by:
NOTICE OF APPEAL
TEE COMMISSION'S ACTION IS HEREBY APPEALED TO THE CITY COUNCIL THIS
DAY OF 1983_.
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ALSO EXCH" Right of W&y over and across the West 2 '
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SPECIAL USE PERMIT -
COMMISSION HEARING
NOTICE OF PUBLIC HEARING
Notice is hereby given by the Planning and Zoning Commis-
sion for the City of Twin Falls, Idaho, that a Public Hearing
will be held at the hour of 7 :30 o'clock, P .M. , on the 8th
day of March , 19 83, a Tuesday, in the Council Chambers,
City Hall, .located at 321 Second Avenue East, Twin Falls, Idaho,
upon the application of Danny D. Edwards
for a SPECIAL USE PERMIT in order that the applicant may place a
.mobile home on property within the a ,rport zoning district on a
temporary basis for- a di ect fimiij- ember who wishes to live. near
on property located on Twin Falls County Road 3400 between 2700
and 2800 East , and legally described as:
See Insert 1
Any and all persons desiring to comment may appear
and be heard at the appointed time and place.
The decision of the.*Commission shall be final unless
Within fifteen days ;of the Commissions action an appeal is
filed with the City Council . On Appeal, a Public Hearing
will be scheduled before the City Council_ .
DATED THIS 8th day of February , -19 83.
/s/ Jack Q. Miller ` .
CHAIRMAN
PUBLISH: February 17, ' 1983
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ZONING TITLE Ai•'IENDME'.
COMMISSION HEARING
NOTICE OF PUBLIC HEARING
Notice is hereby given by the Planning and Zoning Commis-
sion for the City of Twin Falls, Idaho, that a' Public Hearing
will be held at .the hour of 7 :30 o'clock, P .M on the '8th
.,. '-day of -March , 1,983 , a Tuesday, in the Council Cham-
bers, City Hall, Located at 321 Second• Avenue East, Twin' Falls,
Idaho, upon the application of Danny D. Edwards
for a ZONING TITLE AMENDINIENT
that would amend the City .Zoning Ordinance by: Allowing' mobile
homes to be placed in the °airport zoning district on a temporary
basis for direct family members who wish to live near 'their rela-
tive's. either parents of- the children or children of the parents.
!� Any and all persons desiring to comment may appear
and be heard at the appointed t1.me and place.
The Commission shall make its recommendations known '.to
the City Council within sixty (60) days of the Commission
Hearing. The City Council will hold a Public Hearing on the
same request pursuant ta= later notice.
DATED THIS 8th day of February ,19 83
JI
t /s/ Jack 0. Miller
CHAIRMAN
PUBLISH: February 17 , 1983
..� ..4 vi M. 1. i, F,.. r. "' ! VY ji', .21ir,.i1,+
SPECIAL USE PERMIT
COMMISSION HEARING
NOTICE OF PUBLIC HEARING
Notice is hereby given by the Planning and Zoning 'Co
sion for the City of Twin Falls, Idaho, that a Public Hearing ;
will be held at the hour of 7:30 o'clock' ,- P .M. , on the 8th
day of March 19_83., a Tuesday, in the Council Chambers,
City Hall, .located at 321 Second Avenue East, Twin Falls, Idahq,
upon the application of Danny D. Edwards
for a SPECIAL USE PERMIT in „order that the applicant may place a
: .mobile home on property within the airport zoning district on a
temporary basis for a direct family member who wishes t ' live near
relatives
on property located on Twin Falls County Road 3400 between 2700
and 2800 East , and legally described as:
See Insert 1
Any and all persons desiring to comment may appear
and be heard at the appointed time and place
The decision of the 'Commission shall be final unless
within fifteen days of the Commissions action an appeal is
filed with the City Council: On Appeal, a Public Hearing
will be scheduled before the City Council_
DATED THIS 8th day of February , ,19 83.
/s/ Jack Q. Miller ,
CHAIRMAN
PUBLISH: February 17 , 1983 �
r�r INSERT 1
Township 11 South, Range .l7.;;.Eas•t of the Boise Meridian, Twin Falls''County, Idaho,
Section 7 : • A parcel of land located in the NEWEh, more
specifically described as follows : Beginning
at the Northeast corner of Section 7, thence
North 89047100" West 759.90 feet along the North boundary of
Section 7 to the real point of- beginning. Thence
South 00046151" East 225.00 feet; thence
North 89047100" West 541.00 feet; thence
North 00°46151" West 225.00 feet to the Northwest corner of
the NEhNEh of Section 7; thence
South 89047 '00"East 541.00 feet to the real point of beginning,,
` EXCEPT road right-of-way; also EXCEPT a right-of-way
over and across the West 20 feet of the above-described
property.
AND
Township 11 South, Range 17 East of the Boise Meridian, Twin Falls
County, Idaho,
Section 7: A parcel of land located in the NEkNE34- of Section
7, more specifically described as follows: Begin-
ning at the Northeast corner of Section 7; thence
North 89*47100" West, 1300.90 feet to the Northwest corner or---the
NEkNE'U,. Section 7; thence
South 00°46 '51" East, 225.00 feet to the real point of ' ning;
thence
South 89047 ' 00" East, 541.00 feet; -thence
South 00046151" East, 694.99 feet; thence
North 67*48124" West, 77 .98 feet,:; thence
North 70038133" West, 275.00 feet; thence
North 81050 '12" West, 213.70 feet; thence
North 0004615111 West, 546.30 feet to the real point of beginning.
/s/ Jack Q. Miller -
/ CHAIR AN
1
PUBLISH: February 17 , 1983
1
INSERT .:1
Township 11 South, Range 17 East of the Boise Meridian,. Twin Falls
County, Idaho
Section 7: • A parcel of land located in the NEhNEh, more
specifically described as follows: Beginning.
at the Northeast corner• of Section 7, thence
North 89047100" West 759.90 feet .along the North boundary of
Section 7 to the real point of beginning. Thence_
South 00*46•151" East 225.00 feet; thence
North 89*47100" . West 541.00 feet; thence
North 00046151" West 225.00 feet to 'the Northwest corner of
the NEhNEk of Section 7; thence
South 89047100" East 541.00 feet to 'the real point of beginning,
EXCEPT.road right-of-way; -also EXCEPT a right-of-way
over and across the West 20 feet- of the above-described
property.
AND
Township 11 South, Range 17 East of the Boise Meridian, Twin Falls
County, Idaho,
Section 7: A Parcel of land •located in the NEhNEk of Section
7, more specifically •described as follows: Begin-
ning at the Northeast corner of Section 7; thence
North 89047100" West, 1300.90 feet to the Northwest corner of the
NE-NE'k,. Section 7; thence
South 00046151" East, 225.00 feet. to the• real point of beginning;
thence
South 89047 /00/1 East, 541.00 feet; *•thence
South 00046151" East, 694.99 feet; .thence
North 67*48124" West, 77.98 feet; thence
North 70038133" West, 275.00 feet; thence
North 81050'12" West, 213.70 feet;`--thence
North 00046151" West, 546.30 feet ,to :,the real point of beginning.
SPECIAL USE PERMIT
COMMISSION HEARING
NOTICE OF PUBLIC HEARING
Notice is hereby given by the Planning and Zoning Commis-
Sion for the. City of Twin Falls, Idaho, that a Public Hearing
will be held at the hour of 7 :30 o'clock, P .M. , on the 26th
day of April 1983 , a Tuesday, in the Council 'Chambers,
City Hall, located at 321 Second Avenue East, Twin Falls, Idaho,
upon the. application of Danny D. Edwards
for a SPECIAL USE PERMIT. in order that the applicant- mar Flace a
mobile home on property within the airport zoning di,gEr.E'dt on A
temporary basis for his parents who. wish 'to live on his property
which is
x=F located on Twin Falls County Road 3400 between 2700
- and 2800 East and legally described as
See.._Znsex't
Any and ,all persons desiring to comment may, appear
and be heard at the appointed time and place.
The decision of the Commission shall- be final unless
within fifteen days .of the Commissions action an appeal is .
:filed with the City Council. On Appeal, a Public Hearing
will be scheduled before the City Council.
DATED THIS 7th day of April , 1983 .
r
s/- JacR.,Q, Miller..
CHAIRMAN .
1.2
PUBLISH: April •3t and 14 , 1983
ATTACHMENT C
4a. The reason for this request is to allow immediate family members
to care for one another by living close to each other on the
same property. I believe this to be a sound principle and feel
it would remove much of the burden from society, if homegenous
family units were allowed to care for one another in this manner.
Furthermore, in my own particular case, I feel-I was misled
by the Twin Falls County. Several years prior to the City take
over of the subject area, I made arrangements with the County
to split off several parcels on the front portion of my
property. They signed this proposal and filed it and said that
was all I needed. However, when I actually went to them last
year to split this property, they not only could not find the
signed papers, but informed me we are now in the City Impact Area.
It is with these facts that I earnestly request your approval
of a special use permit, that will enable my father to move his
mobile home on my property.
We do agree to move the trailer from this property within six
months from the time we no longer need it. This will allow us
time to relocate or sell the mobile home.
4b. Residence and farming. No changes.
4c. This home will not in any way hinder, deprive, or refuse
enjoyment to any of the neighboring properties.
ZONING ACTION SHEET
Date:
Applicant:
Type of Zoning Request:
Annexation %/ Rezone / Special Use %/ Variance
Non-conforming Building Expansion Permit %/ Plat
Vacation /_/ Zoning Title Amendment %/ Comprehensive
Plan Amendment
I voted for / / against %/ this Zoning Request for the
trfollowing reason (s) :
Regulations and standards used in evaluating the applications :
The Applicant could do the following to receive my favorable vote:
atj
Jh
ZONING ACTION SHEET
Date:
.Applicant:
Type of Zoning Request:
Annexation % / Rezone %/ Special Use %/ Variance
Non-conforming Building Expansion Permit %/ Plat
Vacation / / Zoning Title Amendment %/ Comprehensive
Plan Amendment
<I voted for / against %/ this Zoning Request for the
-following reason (s) :
Regulations and standards used in evaluating the applications :
The Applicant could do the following to receive my favorable vote :
�K
Signature
7h
ZONING ACTION SHEET
Date: �- ZZ
Applicant: oa�q
Type of Zoning Request:
Annexation %/ Rezone /!—/'Special Use %/ variance
Non-conforming Building Expansion Permit %/ Plat
vacation /_/ Zoning Title Amendment %/ Comprehensive
Plan Amendment
I voted for %/ against / this Zoning Request for the
following reason (s)
Regulations and standards used in evaluating the applications :
C - /a- K 43J , /!7 -'S�i3. 3 �4 ( /4, i 3 -.z 2-
. The Applicant could do the following to receive my favorable vote :
D
Signature
]h
ZONING ACTION SHEET
Date:
Applicant:
Type of Zoning Requ st:
%/.Annexation %/ Rezone /Special Use %/ Variance
Non-conforming Building Expansion Permit %/ Plat
Vacation /_/ Zoning Title Amendment %/ Comprehensive
Plan Amendment
I voted for %/ against / this Zoning Request for the
following reason (s) :
71
Regulations and standards used in evaluating the applications :
The Applicant could do the following to receive my favorable vote:
Signature
Jh
ZONING ACTION SHEET
Date:
Applicant:
Type of Zoning Request:
Annexation %/ Rezone Special Use / / variance
/ Non-conforming Building Expansion Permit %/ Plat
vacation / / Zoning Title Amendment %/ Comprehensive
Plan Amendment
I voted for %/ against LIITZr this Zoning Request for the
following reason (s) :
Regulations and standards used in evaluating the applications.
,
The Applicant could do the following to receive my favorable vote :
f
Jgj--6j�z-
Sign-at
Jh
ZONING ACTION SHEET
Date: o?
Applicant: �
Type of Zoning Request:
Annexation %/ Rezone / Special Use %/ Variance
Non-conforming Building Expansion Permit %/ Plat
vacation / / Zoning Title Amendment %/ Comprehensive
Plan Amendment
I voted for against X
this Zoning Request for the
following reason (s) : c—
VI
w
Regulations and standards used in evaluating the applications :
The Applicant could do the following to receive my favorable vote:
ign ure
7h
ZONING ACTION SHEET
Date:
Applicant:
Type of Zoning Reques :
Annexation %/ Rezone /' Special Use %/ variance
/ Non-conforming Building Expansion Permit %/ Plat
vacation %/ Zoning Title Amendment %/ Comprehensive
Plan Amendment
I voted for /_/ against this Zoning Request for the
following reason (s) :
1
Regulations and standards used in evaluating the- applications:
AO 4 /3 -2 V ,C
..The Applicant could do the following to receive my favorable vote :
gnature
Jh
ZONING ACTION SHEET
bate:
Applicant: �d.Jr�(
Type of Zoning Request:
Annexation /_/ Rezone /S;V-ISpecial Use %/ Variance
Non-conforming Building Expansion Permit %/ Plat
Vacation / / Zoning Title Amendment %/ Comprehensive
Plan Amendment
I voted for /_/ against this Zoning Request for ' the
following reason (s) : jj6jr 1N -riAg I L&T I&jrEp Y
ivy a t ne On-t - co U nl rY �iCd j►J G2sASC;— 11
0
TDSA/.S/ 'r!e de ?%!E AIZPOf_T ZoN9'
Regulations and standards used in evaluating the applications :
to 4-
-! ,2
The Applicant could do the following to receive my favorable vote:
k
gnature
Jh
ZONING ACTION SHEET
Date: --zio d
Applicant: /7Z!t4 U I 7`d V
Type of Zoning Request:
Annexation %/ Rezone %/ Special Use %/ variance
Non-conforming Building Expansion Permit %/ Plat
vacation / / Zoning Title Amendment %_/ Comprehensive
Plan Amendment
I voted for against %/ this Zoning Request for the
following reasons) : _09 0 &!CT 79E 7 ZQ^4L
Regulations and standards used in evaluating the applications:
VM P12e 11� /2 , >c ;
The Applicant could do the following to receive my favorable vote:V C, M IYAI,l F
s
Signat e
7h
ZONING ACTION SHEET
Date: Z
Applicant: , 41W
Type of Zoning Request:
Annexation / / Rezone / Special Use / / Variance
Non-conforming Building Expansion Permit /_/ Plat
Vacation / / Zoning Title Amendment %/ Comprehensive
Plan Amendment
I voted for /_/ against this Zoning Request for the
following reason (s) :
01 ' el
egulations and standards used in evaluating the applications :
Y& r
The Applicant cou d do the ollowing to receive my favorable voter ,
±LA
i
1 k
jh
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1
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ZONING ACTION SHEET
Date: Vrill 26)L jq9,3
Applicant: �Cln^vt ��Vy"
Type of Zoning Request:
Annexation /_/ Rezone / / Special Use /_/ variance
Non-conforming Building Expansion Permit %/ Plat
vacation / / Zoning Title Amendment %/ Comprehensive
Plan Amendment
I voted for %/ against / / this Zoning Request for the
following reason (s) :
Regulations and standards used in evaluating the applications:
ye-e-I n, �. 1 rP�lr P� c,c� i✓`
w /
� �e .c-t.cb��1,Y�
The Applicant could do the following to receive my favorable vote :
m db!G o
Signs re
jh
9
SPECIAL USE PERMIT
COMMISSION HEARING
NOTICE OF PUBLIC HEARING
Notice is hereby given by the Planning and Zoning Commis-
sion for the City of Twin Falls, Idaho, that a Public Hearing
will be held at the hour of 7 :30 o'clock, P .M. , on the 26th
day of April 1983 , a Tuesday, in the Council Chambers,
City.'Hall, located at 321 Second Avenue East, Twin Falls, Idaho,
upon the. application of Danny D, Edwards
for a _SPECIAL USE PERMIT. in •order that the applicant• may place a
mobile home• on property within the airport zon=g di,!�; roc on A
temporary basis for hiS parents who. wish to live on h .s property'
which -islocated on Twin Falls County Road 340L0 betwedn 2700
and 2800 East and legally described as:
- - -- -- . .. . . . - •.-- - See �Insert 1 . .. . . . . .. - - ___ . - - ... . ....... -_ ..- ---. - •
Any and ;all persons desiring to comment may appear
and be heard at the appointed time and place.
The decision of the Commission shall- be final unless
within fifteen days -of the Commissions action an appeal is .
:filed with the City Council. On Appeal, a Public Hearing
will be scheduled before the City Council.
DATED THIS* '71h day of April , 1983
/s/ Jack_ Q, Miller.
CHAIRMAN
PUBLISH: April -k3' and 14, 1983
SPECIAL USE PERMIT '
COUNCIL HEARING
ON APPEAL
NOTICE OF PUBLIC HEARING
Notice is hereby given by the City Council for the
City of Twin Falls, Idaho, 1-1-4zt a Public Hearing will be
held at the hour of 7 :00 o'clock, P .M., on the 5th
day of June- , 19 83 , in the Council Chambers,
•City Hall, located at 321 Second Avenue East, Twin Falls,
Idaho, upon the APPEAL of Danny D. Edwards
from the decision of the
Planning and Zoning Cormiiss_on for the City of Twin Falls,
Idaho, denying the application of
Danny D. Edwards for
a SPECIAL USE PER•1IT whic:. would allow the above named
aoolicant to place a mobile home on property within the airport
zoning district on a temporary basis for nis parents w o wish to
live on hi - property
whic;i is located on Twin Falls County Road 3400 between 2700
and 2800 East , and legally
described as:
See Insert 1
Any and all persons desiring to comment may appear -
and be . heard at the anaoin=ed time and place. The decision
of the Council will be final.
DATED THIS 4th day of May , 19 83 _
1s/ Chris Talkington
.IAYOR
PUBLISH : May 19, 1983
• INSERT.],
Township 11 South, Range 17 East of the Boise Meridian, Twin Falls
County, Idaho
Section 7: ' A parcel of land located in the NE'4NE4, more
. .Specifically described as follows: Beginning
at the Northeast corner•of Section 78 thence
North 89047100" West 759.90 feet .along the North boundary of
Section 7 to the real point of beginning. 'Thence. .
• South 00046-151" East 225.00 feet; thence
North 89°47100". West 541.00 feet; thence
North 00046951" West 225.00 feet to -the Northwest corner of
the NE4NE4 of Section 7; thence
South 89*47100" East 541.00 feet to *the real point of beginning, _
EXCEPT.road right-of-way; -also EXCEPT a right-of-way
over and across the West 20 feet- of the above-described
property.
AND
Township 11 South, .Range 17 East of the Boise Meridian, Twin Falls
County, Idaho,
Section 7: •A Varcel of land 'located in the NE4NE4 of Section
7, more specifically *described as follows: Begin-
ning at the Northeast corner of Section 7; thence
North 89*47100" West, 1300.90 feet to the Northwest corner of ::he
NE4NE4,. Section 7; thence
South 00046 /511/ East, �25.00 feet.to the- real point of beginning;
thence .
South .89°47 '00" East, 541.00 feet;-thence
South 00046151" East, 694.99 feet; •thence
North 67048124" West, 77.98 feet; thence
North 70*38133" West, 275.00 feet; thence
North 81*50 '12" West, 213.70 feet;' .thence
North 000461151" West, 546.36 feet ,to :•the real point of beginning.
/[+ AFFIDAVIT OF MAILING FOR COMMISSION HEARING
STATE OF IDAHO )
ss.
COUNTY OF TWIN FALLS )
Q
COMES NOW, , the
applicant herein, and of pers nal k owledge, on oath, deposes
and states:
That he did serve those persons listed on- the at-
tached list entitled "Persons Entitled to Notice of Hearing" ,
a true and correct copy of the attached "Notice of Haring"
before th Planning and Zoning Commission on the Y, day of
19 by United States mail, postage prepaid,
and addressed to said persons at the addresses given.
DATED THIS _&day of , 19 4-.
` *swornt
t
� .
Subscribed andre me this day of
19
Notary Public
AFFIDAVIT_OF FOR COUNCIL HEARING`
STATE OF IDAHO )
ss.
COUNTY OF TWIN FALLS .
COMES NOW, the appli-
cant herein, and of perso7 knowledge, on oath, deposes and
states :
That he did serve those persons listed on the attached
list entitled "Persons Entitled to Notice of Hearing" , a true
and correct copy of the attached "Notice of Hearing" before
the City Council on the day of , 101,r3, by
United States mail, postage prepaid and addresses to said
persons at the addresses given.
DATED THIS d o ,
" ppl
Subscribed and sworn / efore b me, this day
of May 19 83 ,
D4oPublic.
r
SPECIAL USE PER`3IT
COUNCIL HEARING
ON APPEAL
NOTICE OF 'PUBLIC HEARING
ON 2"_PPE.sh
Notice .is hereby given by the City Council for the
City of Twin Falls, Idaho, _::at a Public Hearing will be
held at the -hour of 7 :00 o'clock, P .M. , on the 'nth
day of June- , 19 83 , in the Council Chambers,
City Hall, located at 321 Second Avenue East, Twin Falls,
Idaho, upon the APPEAL of Danny D.. Edwards
from the decision of the
Planning and Zoning Conv-►iss_on for the City of Twin Falls,
Idaho, denying the application of
Dann D. Edwards for
a SPECIAL USE PERMIT which- xould allow the above named
aaolicant to place a mobile home on property within the airport
zoning district on a temporary basps for his parents who wis to
live can his t' property
which is located on Twin Falls County-.Road 3400 between 2700.
and 2800 East , and. legally
described as:
See Insert 1
Any and all persons desiring to comment may appear -
and be heard at the appointed time and place. The decision
of the Council will be final .
DATED THIS 4th day of May , 19 83
/s/ Chris Tal_kinaton
MAYOR
PUBLISH: May 19 , 1983
• INSERT :1
Township 11 South, Range 17 East of the Boise Meridian Twi
County, Idaho, •. n Fajls
• - Section 7: . • . 'A parcel of land located in the NEIANE14 more
specifically described as follows: Beginning
at the Northeast corner-of Section 7, thence
North 89047.00" West 759.90 feet .along the North boundary of .
Section 7 to the real point of beginning. 'Thence
South 00046451" East 225.00 feet; thence � '
.,_North 89047200" West 541.00 feet; thence
North 00*46151" West 225.00 feet to 'the Northwest corner of
the NEhNEh of Section 7; thence
' South 89*47100" East 541.00 feet to 'the real point of beginning,
EXCEPT.road right-of-way; -also EXCEPT a right-of--way
over and across the West 20 feet- of the above-described
property.
AND
Township 11 South, •Range 17 East of the Boise mer;.dian, Twin Falls
County, Idaho,
Section 7: A parcel of land 'located in the NE4NE4 of Section
7, more specifically described as follows: Begin-
ning at the Northeast corner of Section 7; thence
North 89*47100" West, 1300.90 feet to the Northwest corner of "the
NE 4NE 4,. Section 7; thence
South 00°46 '51" East, :�25.00 feet. to the- real point of beginning;
thence
South 8904710011 East, 541.00 feet; -thence
South 00046151" East, 694.99 feet; .thence
North 67048124"' West, 77.98 feet; thence
North. 70*38 '33" West, 275.00 feet; thence
North 81*50 '12" West, 213.70 feet;'-thence
North 00'0461151" West, 546.30 feet ,to :•the real point of beginning.
-ti
ATTACHMENT 0
1. Lex Heyer
Route 1
Twin Falls, Idaho 83301
2. John F. Grisez
% Valley Bean and Grain
Box 116
Murtaugh, Idaho 83344
3. C. R. Haskins
Route 1
Twin Falls, Idaho 83301
4. Herbert 0. Bamesberger
Route 1
Twin Falls, Idaho 83301
STAFF REPORT OF ZONING REQUEST
1. Applicant: Danny D. Edwards
Address: Route #1
Twin Falls, Idaho 83301
A Special Use Permit to temporarily place a mobile home on Mr. Eawards
2. Request: property in the AP Zoning District.
Explanation: Mr. Edwards ownsapproximate1X10 acres on 3400 North road between
2700 East and 2800 East road in the Airport Zoning Distri.c�Ne wishes to have
his parents live near him on .the property and wishes to move in a mobile home for
that purpose. The mobile home would be removed when his parents no longer live
there. See attached site plan and narrative.
3. Findings of Fact:
a. Existing Land use• Residential , -Agricultural & Airport
b. Comprehensive Plan Designation: Airport
C. Comprehensive Plan goals and policies which. relate to this -
application: Transportation - Goal &. Air Service w Policies 1,2, &.3
(pp: 10 & 12) Housing - Goal & Policies 1 & 9 pp. .14 & 15
d. Existing Zoning District: AP
e. The following zoning code sections specificially apply to this
request: . 10-4-13. 1, .2(A) & (B), 10-4-13.3 (A) 1
10-13-2.2 esp. (D) & (B)
f. Alternative uses and densities allowed by the Zoning Ordinance:
10-4-13.2 (A) & (B)
g. . Impact on public services: Area of Impact - Additional County fire
and police service required.
h. . Impact on streets and other City facilities: Increased traffic
and an additional traffic approach on 3400 N. Road.
i. Steps which could be taken to mitigate adverse impacts : Require
the supplemental housing to be behind and .on -the' same property as the main
fesi ence. Specifical y identity the planned resi en. s and He terms o
a
j . Legal advertisement has taken place for the Conunission hearing
on Feb 17, 1983 Apr Vhll r_"411ss18A heard the request and recommended
by a vote of
to The Commission recommendation was made for
the following reasons :
k. Legal advertisement has taken place for the Council hearing
on
4 . Additional staff comments: Attached is .a 'copy of the ordinance passed ,by,.. .
the City Council .
AFFIDAVIT OF MAILING FOR COMMISSION HEARING
STATE OF IDAHO )
ss.
COUNTY OF TWIN FALLS )
COMES NOW, the
applicant herein, and pers nal knowledge, on oath, - deposes
and states :
That he did serve those persons . listed on the at-
tached list entitled "Persons Entitled to Notice of Hearing" ,
a true and correct copy of the attached "Notice of Hearing"
be re_ e Planningand Zoning Commission on the o _day of
, 19 , by United States mail, postage prepaid,
a addressed to said persons at the addresses given.
DATED THIS day of , 19
plicant
000000,,;� Subscribed and sworn to before me this • day of
19 �3
Notary Public
AFFIDAVIT OF MAILING FOR COUNCIL HEARING
STATE OF IDAHO )
ss.
.COUNTY OF TWIN FALLS )
COMES NOW, , the appli-
cant herein, and of personal knowledge, on oath, .deposes and
states :
That he did serve those persons listed on the attached
list entitled "Persons Entitled to Notice of Hearing" , a true
and correct copy of the attached "Notice of Hearing" before
the City Council on the day of , 19 , by
United States mail, postage prepaid and addresses to said
persons at the addresses given.
DATED THIS day of , 19
Applicant
Subscribed and sworn to before me, this day
of 19
Notary Public
4.7
STAFF REPORT OF ZONING REQUEST '
1. Applicant: ' Danny D. Edwards
Address: Route #1
Twin Falls, Idaho 83301
Bee
Appeal of A Special Use a mobile home on Mr. Edwards
2. Request: property in the AP Zoning District.
Explanation: Mr. Edwards ownsapproximately 10 acres on 3400 North road between
2700 East and. 2800 East road in the Airport Zoning Distri.ct. He wishes to have
his parents live near him on .the property and wishes to more in a mobile home-for
that purpose. The mobile home would be removed when his parents no 'longer live
there. See attached site plan and narrative. This request was unanimously denied by.
R a Z and has been appgalgd $8 the City Council
3. Findings of Fact:
a. Existing Land use: Res i-denti al , Agricultural & Airport
b. Comprehensive Plan Designation: Airport
c. Comprehensive Plan goals and policies which relate to this -
application: Transportation Goal &. Air Service Policies 1,2, & 3
(pp. 10 & 12) Housing - Goal & Policies 1 & 9 pp. 14 & 15
d. Existing Zoning District: AP
e. The following zoning code sections specificially apply' to this
request: . 10-4-13. 1, .2(A) & (B), 10-4-13. 3 (A) 1
10-13-2.2 esp. (D) & (B)
f. ' Alternative uses and densities allowed by the Zoning Ordinance:
10-4-13.2 (A) & (B)
A.
g. . Impact on public services: Area of Impact - Additional County fire
and police service required.
h. Impact on streets and other City facilities : Increased traffic
and an additional traffic approach on 3400 N. Road.
i. Steps which could betaken to mitigate adverse impacts: Require
the supplemental housing to be behind and -on -th-e' same' property as the main
fesi ence, Specifically identify the planned rest en. s and the terms o
j . Legal advertisement has taken place for the Commission hearing
on Feb 17, 1983 APr�h�laC�m�Ct �ss1� heard the request and...denied the
request by a vote of g
to 8 The Commission -action was made for
the following reasons: see attached findings of Fact and Conclusions
of Law.
k. Legal advertisement has taken place for the Council: hearirig
on May 19, 1983
#2065
4. -Additional staff comments: Attached is- ,a 'copy of ordinance/Passed by
the City Council .on April '4, 1983. Attached also is -a copy o/f an'.av,gation
easement used in Boise.
ATTACHMENT B
By special use permit to allow mobile homes to be placed
in the airport zoning district on a temporary basis for
direct family members who wish to live near their relatives,
either parents of the children or children of the parents.
i
AVIGATION EASEMENT
T!!15 AGRE.EMEN'i, dated this day of December,
1y72, ! v and between FAGI,I,ti(`ti INDIAN
ilelaware ror;torat ;on, ^treinafter calf ,1 �Vf� R• ci the
a municipal
hereinafter called GRAWME,
IN I T N E S S E T H:
WHEREAS. GRANTOR is the owner of a certain parcel
cf real property situate in the County of Ada, I;t:itc of
Idaho, more particularly described as follows , to-w t :
I.ot 1 and the East half of the Northwest
quarter of Se, tion 31, Township 3 North, I:;in�e
Z East of the lioise Meridian in Idaho; 1:1,1
WHEk{:Ati, „K:1�'Ilif: ol,erates, r:,:ntains and rcc.rllatk
an Airport known as Roi -v tlr lermina! (`-)wcn 1 ::
commercial, military and general aviation aircraft T :- i?
and fut purpose. of promoting commeri ial , mi I itar
aviation GRANTEE has by Ordinance, rules and regulation> ,
regulated, restricted and prescribed land use of real pr p
adjacent to the said Air Terminal and lands n,.,<•r
may operate and utilize the said Air Terrni;,a! an '.
WHEREAS, CRANTt)R ,anticipate., construct ; ,.
developing a real estate suhdivi�ion for residenti.,'
mercial use, part or all of which lie:, ithi- area, tal,.
landing and traffic patterns established and prom,ileated h.
GRANTEE for aircraft landing at, taking off from, or opera: ;'
at, from or on said Air Terminal;
NOW. THEREFORE, in consideration of tte rremises,
ji for itself, its administrators, successors and assigns, 11
does ht_rgby grant and convey unto GRANTEE, its successors
'efn
a
and assigns, and to all persons lawfully using the Boise Air
Terminal(Gowen Field), the right and easement to use the air
space above GRANTOR'S p , —
ty in accordance with the rules
regulating take off, landing and traffic patterns established
and promulgated by the Boise Airport Commission and approved
by the Council of the City of Boise Without liability for any
necessary, convenient or operational incidental effects there-
of whatever as the same may presently or in the future exist, fA
together with the right to GR=I", its successors and assigns."
and to all persons lawfully using said Air Terminal , to cause
GMMMMmm�
in such air space adjacent to and above the surface of GRANTOR'S
said Property, such Poise, vibrations, fumes, dust , fuel
ticles and all other effects that may' he caused by the opera-
tion of aircraft landing at, taking off from, or operating at ,
from or on said Boise Air Terminal (Gowen Field; ; and
GRANTOR, its successors and assigns, does hereby
full;: waive, remise and release arty and all right for cause of
action which thev may no% have or which they miv have in the
future against GRANTEE, its successors and assigns, dl.e to
gym.
110isc vibrations, fumes, dust, fuel parti=les and all Aher
effects that may he caused or may have been caused by the
operation of aircraft landing at, or taking off from, or
operating at, from or on said Boise Air Terminal , PROVIDED,
40MEMMUMmmS
HoWEVE R, nothing contained herein shall be construed as a
waiver by GRANTOR, or its successors in interest, of any rights
provided by law for redress due to unlawful or negligent
destruction of property by persons flying over or using said
aerospace or airport facilities; and
All right., easements, releases, benefits and
estates granted hereunder shall be covenants running with
�a
C
i
the land at above described and of which Zan '
shall be subservient tenants and the GRANTEE and the bene:,�
R ficiaries of such rights, easements, releases, benefits and
estates shall be the dominant tenant.
IN WITNESS WHEREOF, the GRANTOR has caused this
instrument to he executed on the day and ,Year first above
rrit*AM.
EAGLE
ATTEST:
Secretary t_;•r �_'
L_t
STATE OF IDAHO
County of Ada )
On this /8Z� day of December, 1972 before me, the
undersigned, personally appeared
and Presilen an S ary
and Tres known to me to be the persons
EA Gaya axa subscribed to the within instrument, a"
that tip* exeeussd the same.
IN hiTNESS WHEREOF, 1 have hereuntc, set my hand and
affixed my official seal, the day and year in this cer`,ificate
first above written.
l�Ofiry�i or INA�•�...r.._..
Residing at lee, & ;-
6
•t x
a:r�.3 i*1Rit.Q 1',A. t: 'Y'O 'ustu '�RIA
A' ratr ba+scare a nr aww of.tea �lL� —•. ;,
�W
ZONING ACTION SHEET
Date:
APPlicat:
Type of Zoning Requ st:
Annexation %/ Rezone %/ Special Use / / variance
Non-conforming Building Expansion Permit %/ Plat
vacation /_/ Zoning Title' Amendment %/ Comprehensive
Plan Amendment
I voted for /_/ against / / this Zoning Request for the
following reasons) cfo"
Regulations and standards used in evaluating the applications:
The Applicant could do the following to receive my favorable vote :
YU
Si ure
7h
u
ZONING ACTION SHEET
Date: l/IP62
q�
Applicant: ])AIAI tJY COWAO-OS
Type of Zoning Request:
Annexation / / Rezone Special Use. / / variance
Non-conforming Building Expansion Permit / / Plat
vacation / / Zoning Title Amendment %/ Comprehensive
Plan Amendment
I voted for % / against,45K/ this Zoning Request for the
following reason (s) : E C`lTl� PJ Z A-JO A I Q.PoQT_�j9QA R_QS
LU�2c L6NA^tiJi�tOr,GS A-C i tJ AU D So
Regulations and standards used in evaluating the applications :
zotij t tj en 06-OS t T"Y QeO I K)A-rJGF
-The Applicant could do the following to receive my favorable vote:
k
Signature
Jh
ZONING ACTION SHEET
Date:
Applicant:
Type of Zoning Request:
Annexation %/ Rezone / / Special Use %/ Variance
Non-conforming Building Expansion Permit %/ Plat
Vacation %/ Zoning Title Amendment %/ Comprehensive
Plan Amendment
I voted for / / against /_/ this Zoning Request for. the
following reason (s) :
e valuatin -- � '
The Applicant could do the following to receive my favorable vote
1gnature .
]h
ZONING ACTION SHEET
Date:
Applicant:
Type of Zoning Request:
Annexation /_/ Rezone Special Use /_/ variance
Non-conforming Building Expansion Permit %/ Plat
vacation / / Zoning Title Amendment %/ Comprehensive
Plan Amendment
I voted for against %/ - this Zoning Request for the
following reason (s) :
7�dha�3 17Sn.d.e�� �uc.0 to SeP,c,Ih1.1 f c,4e 1 tiG
Regulations and standards used in evaluating the applications :
The Applicant could do the following to receive my favorable vote :
Signa u e
jh
April 26, 1983"
TO: THE TWIN FALLS CITY COUNCIL. AND THE TWIN FALLS PLANNING AND
ZONING COMMISSION
FROM: : DICK SHOTWELLV CHAIRMAN
AIRPORT ADVISORY.COMMISSION
SUBJECT: REQUEST OF DANNY EDWARDS'FOR A SPECIAL USE PERMIT AFFECTING
LAND WITHIN.THE AIRPORT ZONE
One of the duties of the Airport Advisory Commission is to recommend and
advise the respective governing bodies as to all matters concerning the
Airport.
It is the opinion of the Airport Advisory Commission that the airport zone
should 'be. protected.from residential encroachment and thus support the.
goal expressed.in the.City Comprehensive Plan. To allow this special use
permit -will open the door for others to make similar applications and
thus pave the-.way for an ever';-_increasing growth of residential units
within the airport zone. Residential.,ancroachment into airport zones
across the-nation has resulted in lawsuits against the airport ownersp
limitation of *t operationst nightime cessation of flights in and
out of airports, undue risk to'life and property in the affected areas,
and even.total- airport closures. The potential damage to the taxpaying
public due to loss of function of the airport far overshadows any
benefit that may be extended to one or several individuals through
the grhnting of.a special use permit such as the one:being requested,
Therefore,. the Airport Advisory Commission recommends the following
(1) The special use permit requested by. Danny Edwards.
to place a mobile home on property within the airport
zone be denied.
(2) To avoid .future attempts, at, residential encroachment
` into,-the Airport j zonat that the.. City 'Council rescind
Ordinance No. 2065..
ZONING ACTION SHEET
Date: O
APplica et:
Type of Zoning Reques
Annexation / / Rezone /, Special •Use %/ Variance
Non-conforming Building Expansion Permit %/ Plat
Z:7 Vacation /_/ Zoning Title Amendment /_/ Comprehensive
Plan Amendment
I voted for against /_/ this Zoning Request for the
following reason (s) :
ZU
Regulations and standards used in evaluating the applications:
-The Applicant could do the following to receive my favorable vote:
i
' gna ure
I�
ORDINANCE NO. 2065
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TWIN FALLS, IDAHO,
AMENDING SECTION 10-4-13.2 OF THE
TWIN FALLS CITY CODE, ENTITLED USE
REGULATIONS, BY ALLOWING MOBILE
HOMES ON A TEMPORARY BASIS IN THE
AIRPORT ZONE FOR FAMILY MEMBERS AS
PERMITTED USE IN THE AP, AIRPORT
ZONE; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE MAYOR AND THE
CITY COUNCIL OF THE CITY OF TWIN
FALLS, IDAHO:
SECTION 1. That Section 10-4-13.2 . of the Twin Falls City
Code be amended to allow mobile homes on a temporary basis in the
Airport Zone for family members of .property owners by Special Use
Permit in the AP, Airport Zone, by the addition thereto of an
additional subsection as follows :
(C) Prehibited --Hse9-rzet-speei-
f iee�-abe�e-are-}��ehibited-ttniess
admir�ist�ative-e�ete�mir�atiert-ire-aeeere�-
ecnce-with-Seetien-}g-i�-1 f Fi}-is-r;�ade
thut�the-tzse-is-similar-enet�gh-te-a-tree
• listcc�-eba�*e-that-distinction-bet�aeer�
t�iern-is-ef-iittie-eeasee�tter�ee-
Temporary Special Uses. A Special
Use Permit may be granted for a tempo-
rary use that is not in conflict with the
Comprehensive Plan and that is notper-
mitted outright because it may conflict
with other uses in the district unless
special provisions are taken. Temporary
Special Use Permits may be granted for a
period of five (5) years, and will termi-
nate at the end of that five (5) years.
The grantee of a temporary Special Use
Permit may apply for an additional tempo-
rary Special Use Permit at the end of the
term, which application may or may not be
granted. Temporary Special Use Permits
may be granted for the following uses:
. 1. Mobile homes for family members
(either parents or children of the prop-
erty owner) for such time as that family
member may live in the mobile home.
(D) Prohibited Uses. Uses not specified
above are prohibited unless administrative
determination in accordance with Section
10-17-1 (F) is made that the use is similar
enoug to a use listed above that distinc-
tion between them is of little consequence.
-1-
y
l
SECTION 2. This ordinance shall be in full force and
effect immediately upon its passage and publication as required
by law.
PASSED BY THE CITY COUNCIL APRIL 4 , 1983
SIGNED BY THE MAYOR APRIL 4 , 1983
Mayor
• • i
• , 1
� 1 1
eputy 'C1 y Clerk
PUBLISH: APRIL 7, 1983
i
-2-
G�TY OR
Office of P. O. BOX 1907
COMMUNITY DEVELOPMENT 321 SECOND AVENUE EAST
.�. ' TWIN FALLS, IDAHO 83301
PHONE 733-0860 Area Code 208
June 8 , 1983
Danny D. Edwards
Route 1
Twin Falls, Idaho 83301
Dear Mr. Edwards ;
At its June 6 , 1983 , meeting the Twin Falls City
Council approved your request for a special use permit to
place a mobile home on a temporary basis on your property
for your parents. As . a condition of that special use per-
mit, the Council required that you sign an avigation ease-
ment. Enclosed is a copy of the proposed avigation easement.
Please sign and have notarized and return it to my office.
Upon receipt of the signed avigation easement, the special
use permit will be issued to you.
If you have any questions about this matter, please
do not hesitate to contact my office at 733-0860 Extension
267 .
Sincerely,
9
LaMar N. Orton,
Community Development Director
LNO/ps
Enclosure
FINDINGS - CITY OF TWIN FALLS
PLANNING & ZONING COMMISSION
A. INTRODUCTION:
This matter having come before the Twin Falls Planning and Zoning on
April 26 19 83', and the Commission members present
being: John Bonnett, William Hollifield, Jack-Miller, Ken Roves Janice Stover,
Mary Turner, Bill Wright, Mike Quesnell
and there being a petition by Danny D. Edwards
whose address is Route #1 Twin Falls
which petition requests a Special Use Permit
For the purpose of placing a mobile home on property within the Airport
Zoning District on a temporary basis for his parents.
B. FINDINGS OF FACT:
It is the Commission's findings of fact:
(1) That the existing land use in the area is presently residential ,
agricultural & airport.
(2) That the existing zoning of the property described in the petition is
AP
and the change will rezone the property to NA
(3) That the Comprehensive Plan designates this area as airport
and the proposed use/ucsm willn8otnform to the Comprehensive Plan.
(4) That the proper legal requirements for advertisement of the hearing
have been .fulfilled as required by the Twin Falls City Code and by the
laws_ of the State of Idaho. Advertisement has taken place on the following
dates: April 11 & 14, 1983
(5) That this proposal is/issc=A in conflict with the provisionsof adopted
regulation or intent of adopted City policy or uses within the proposed
zone classification. Identify conflicts, if any. Conflicts with the
intent of the Comprehensive Plan to protect the Airport from residential
encorachment.
(6) That the proposed use is )00MpaWxlue/incompatible with existing uses in
the area as identified by the Commission members.
(7) Testimony was given by the ._following persons and gave the following
stated reasons:
Name: Danny D. Edwards
Address: Route #1 Twin Falls, Idaho
Comments: Explained the reason for the request and that the Council had passed
an amendment to the Zoning Ordinance allowing -this Special Use Request.
Name: Dick Shotwell , representing the Airport Advisory Commission
Address : Grandview Dr. N. Twin Falls, Idaho
Comments : Stated that the Airport should be protected from residential encroach-
'—meet and—aske��Fie-Commission to�eny the SpeciaT'Use-bequest-and
----thP__Co�1acij_-to rescind Ord. #2065. _-.-
1 ,
Name:
Address:
Comments:
Name
Address•
Comments:
Name:
Address:
Comments:
Name:
Address:
Comments: y
(8) The Commission fWs/does not find the proposed use to be in harmony
with the general purpose and will/wilkl<xmat be otherwise deterimentai to
the public health; safety and welfare. .
(9) The following are additional findings of fact considered by the
Commission:
a, see attached sheet & resolution
w
b.
C.
d.
(10) ORDER:
The Commission, pursuant to the aforementioned, finds that the petition of
Danny D. Edwards for a Special Use
Permit to place a temporary mobile home in the A.P. Zoning
District
as described in the petition should be aq2 Xw4d/denied/d4KMdx0tVWt
pr� gxabiX*000nt$nuetK Special conditions or contingencies applied to
motion, if any:
(11) The above named applicant could do the following to receive a favorable
decision: Nothing without a change to the Comprehensive Plan.
MOTION• To grant the request of Danny D. Edwards for a Special Use Permit to place
a mobile Home in the 1ve on
his nrnnarty lnratarl nn T F County Rd 3400 between 2700 & ?OOO E.
MOTION BY: Quesnell
SECONDED BY: Roy
ROLL CALL
Commissioner Bonnett Voted no
Commissioner Hollifield Voted no
Corr;;;i s :i o n�r• -- Miller ��_ ---- 1;c`e d ---- no -- -----
Commissioner Roy Voted no
Commissioner Stover Voted no
Commissioner Turner Voted no
Commissioner Wright Voted no
Area of Impact Commissioner Quesnell Voted no
Area of Impact Commissioner .Voted
Commission f1ember(l) Sterling was/xmrm
bsent. Motion YOM*i /di ed. Vote C to 8
onne 7 +/rlJanice ver
'Hi fi e / > ✓� y >urner
Jac i r _� iWright
tz,
Ken Roy /
Additional findings of individual members:
Dissent:
Findings adopted by Twin Falls City Planning & Zoning Commission on
May 10, 1983
ADDITIONAL FINDINGS OF DANNY D. EDWARDS REQUEST:
1. Airport Advisory Commission disapproved.
2. The request is contrary to the. Comprehensive Plan.
3. The request would increase congestion in the Airport Zoning District.
4. It is not in the best interest of the City or County to increase the
density of the Airport Zoning District.
5. The request allows residential encorachment in the Airport Zoning
District.
6. The ordinance passed by the Council creates enforcement problems.
A RESOLUTION:
Be it resolved that the City of Twin. Falls Planning and Zoning
Commission does now request the City Council to reconsider their recent
action which resulted in the passage of Ordinance No. 2065. We make
this request for the following reasons:
1. We feel. that the long range effect of this ordinance could
result in doubling the density of residential dwellings
in the Airport Zone.
2. This ordinance was passed at a single session of the Council ,
without prior, specific notification to the Airport Board.
3. It is our opinion, as expressed by our vote on March 8,
1983, that a change such as this is not in keeping with
the goal expressed in the Comprehensive Plan of the City
to "protect Joslin Field from residential encroachment".
4. While it is this Commission's charge only to "recommend"
and the Council ' s responsibility to "decide" it is our
feeling that the Council should not have acted in such
haste when 9 members of the Commission and 2 members of
the Council did not support this change while only 5
members of the Council supported the change.
5. It is our belief that the 50 million dollar investment made
by citizens of the City and the County to construct Joslin
Field must be protected and that sufficient time must be
allowed for public input before any change is made in the
Airport Zone.
Therefore we request the Council rescind Ordinance No. 2065.
Approved this date April 26, 1983. '
Jack Q. Miller, Chairman
City of Twin Falls Planning & Zoning Commission
FINDINGS CITY OF TWIN FALLS -
PLANNING & ZONING COMMISSION
A. INTRODUCTION:
This matter having come before the Twin Falls Planning and Zoning on
April 26 19 83 , and the Commission members present
being: . .� John ,Bonnett, William Hollifield, Jack Miller, Ken Roy, Janice Stover, . . .M
Mary Turner, Bill Wright, Mike Quesnell.
and there being a' petition by Danny D. Edwards
whose address is Route #1 Twin Falls
which petition requests a Special Use Permit
For the purpose of placing a mobile home on property within the Airport
Zoning District on a temporary. basis for his parents. .
B. FINDINGS OF FACT:
It is the Commission's findings of fact:
(1) That the existing land use in the area is presently residential ,
agricultural & airport.
(2) That the existing zoning of the property described in the petition is
AP
and the change will rezone the property to NA
(3) That the Comprehensive Plan designates this area as airport
and the proposed use/ucsm willnE&form to the Comprehensive Plan.
(4) That the proper legal requirements for advertisement of the hearing
have been fulfilled as required by the Twin Falls City Code and by the
laws of the State of Idaho. Advertisement has taken place on the following
dates: April 11 & 14,� 1983
(5) That this proposal is/ixs =xt in conflict with the provisions of adopted
regulation or intent of adopted City policy or uses within the proposed
zone classification. Identify conflicts, if any. Conflicts with the
intent of the Comprehensive Plan to protect the Airport from residential
encorachment.
(6) That the proposed use is X*mpea*Wxe/incompatible with existing uses in
the area as identified by the Commission members.
(7) Testimony was given by the following persons and gave the following
stated reasons:
Name: Danny D. Edwards
Address: Route #1 Twin Falls, Idaho
Comments: Explained the reason for the request and that the Council had passed
an amendment to the Zoning Ordinance allowing this Special Use Request.
Name: Dick Shotwell , representing the Airport Advisory Commission
Address: Grandview Dr. N. Twin Falls, Idaho
Comments : _�Stated that the Airport should be protected from residential encroach-
ment anrasked- fie�omiiission t`o deny-"tie�peciaT Use Request and
- thy-Col�n�il to rescind Ord. 02065. --_----- - ----- -- ----
Name:
Address:
Comments:
Name:
Address:
Comments:
Name:
Address.:
Comments:
Name:
Address:
Comments:
(8) The Commission fi(Xds/does not find the proposed use to be in harmony
with the general purpose and will/wi;l;lCxxat be otherwise deterimental to
the public health; safety and welfare.
. (9) The following are additional findings of fact considered by the
Commission:
a. see attached sheet & resolution
b.
C.
d.
(10) ORDER:
The Commission, pursuant to the aforementioned, finds that the petition of
Danny D. Edwards for a Special Use
Permit to place a temporary mobile home in the A.P. Zoning
District
as described in the petition should be a iy4v4/denied/"XMdx> HK"t
t%�gxabcx�fhtx �Qx'vt7cpetic. Special conditions or contingencies applied to
motion, if any:
(11) The above named applicant could do the following to receive a favorable
decision: Nothing without a change to the Comprehensive Plan.
MOTION• To grant the request of Danny D. Edwards for a Special Use Permit .te place
a mobile home in thelive on
his property loratarl an T F runty Rd 3400 hPtwppn 2700 & 2000E.
MOTION BY: Quesnell
SECONDED BY: Roy
ROLL CALL
Commissioner Bonnett Voted no
Comumissioner Hollifield Voted no
Co+nm s•:i0n 14iller bored ._. _..no__.__.___.—__
Commissioner Roy Voted no
Commissioner Stover Voted no
Commissioner Turner Voted no
Commissioner Wright Voted no
Area of Impact Commissioner Quesnell Voted no
Area of Impact Commissioner Voted
Commission Hember09 Sterling was/mere
bsent. Motion YaWtVdV died. Vote 0 to 8
Le
Bonne �,' / li anic ver
q1#4
kifi er �� urner
>
2Jacki r
Ken KOY / i
Additional findings of individual members:
Dissent:
Findings adopted by Twin Falls City Planning & Zoning Commission on
Hay 10, 1983
J
ADDITIONAL FINDINGS OF DANNY D. EDWARDS REQUEST:
1. Airport Advisory Commission disapproved.
2. The request is contrary to the Comprehensive Plan.
3. The request would increase congestion in the Airport Zoning District.
4. It is not in the best interest of the City or County to increase the
density of the Airport Zoning District.
5. The request allows residential encorachment in the Airport Zoning
District.
6. The ordinance passed by the Council creates enforcement problems.
A RESOLUTION:
Be it resolved that the City of Twin Falls Planning and Zoning
Commission does now request the City Council to reconsider their recent
action which resulted in the passage of Ordinance No. 2065. We make
this request for the following reasons:
1. We feel that the long range effect of this ordinance could
result in doubling the density of residential dwellings
in the Airport Zone.
2. This ordinance was passed at a single session of the Council,
without prior, specific notification to the Airport Board.
3. It is our opinion, as expressed by our vote on March 8,
1983, that a change such as this is not in keeping with
the goal expressed in the Comprehensive Plan of the City
to "protect Joslin Field from residential encroachment".
4. While it is this Commission's charge only to "recommend"
and the Council 's responsibility to "decide" it is our
feeling that the Council should not have acted in such
haste when 9 members of the Commission and 2 members of
the Council did not support this change while only 5
members of the Council supported the change.
5. It is our belief that the 50 million dollar investment made
by citizens of the City and the County to construct Joslin
Field must be protected and that sufficient time must be
allowed for public input before any change is made in the
Airport Zone.
Therefore we request the Council rescind Ordinance No. 2065.
Approved this date April 26, 1983.
Jack Q. Miller, Chairman
City of Twin Falls Planning & Zoning Commission
C I T Y A C T I O N L I S T -
�....J r �i ON
5,0Le`,-p/ Zoning Requests
.INITIAL & DATE- TRANSMITTED
Authority P & Z Council —
Action
s '
1. . ZONING OFFICIAL
1. Recelve & .check app.lication. .
-2. Establish hearing dateIle
3. Investigate request
II. CITY CLERK
1. Collect fee
s�13�P3
III. ENGINEERING DEPARTi ENT p�G
1. _ Check legal description 2�� 3
IV. CITY ATTORNEY Y �� �� � .
p �
1. Prepare hearing notice d g �41 �g
2. Prepare ordinance
V. CITY CLERK o� 43
3
1. Public hearing notice t�.
VI.• MANAGER'S SECRETARY � /�i'o 3�
1. �"otify applicant a' o 4. 'j�j ^
VII. ZONING OFFICIAL,
1. Mold application
--
2.. Place on Agenda
tall. CITY CLERK .
1. Publish Ordinance
-- --
IX. ZONING OFFICIAL
1'. Notify applicant of action
FINDINGS - CITY OF TWIN FALLS
CITY COUNCIL
A. INTRODUCTION:
This matter having come before the Twin Falls City Council on _June 6,
1983 , and the Council members present being: Mayor Talkington, Gale
Kleinkopf, Mary McClusky, Paul Newton, Emery Petersen, John Peterson,
Alan Wubker
and there being a petition by Danny D. Edwards
whose address is Route #1 Twin Falls, Idaho 83301
which petition requests a Special Use Permit.
For the purpose of placing a mobile home on property within the Airport
Zoning District on a temporary basis for his parents.
B. FINDINGS OF FACT:
It is the Council 's findings of fact:
(1) That the existing land use in the area is presently residential ,
agricultural and airport.
(2) That the existing zoning of the property described in the Petition is
AP
and the change will rezone the property to na
(3) That the Comprehensive Plan designates this area as Airport
and the proposed use/699s will/w333x:nu conform to the Comprehensive Plan.
(4) That this proposal is/is not in conflict with the provisions of
adopted regulation or intent of adopted City• policy or uses within the
proposed zone classification. Identify conflicts, if any.
(5) That the proposed use is compatible/Nmmp'at6N)ecwith -existing uses
in the area as identified by the Council members.
(6) Legal advertisement has taken place for the Commission hearing on
April 11 & 14, 1983The Commission heard' the request and xxxxxwnnTxWdisapproved
the Special Use Permit by a vote of 0 to 8 The Commission's
Finding are attached hereto . A public hearing was held on June 6, 1983 .
(7) Testimony was given by the following persons and gave the following
stated reasons:
Name: Linda Edwards
Address : Route #1 -- Twin Falls, Idaho 83301
Comments: Explained the reason for the request to move Mr. Edward's parents
to his property. There is no intent- to sell property, They agree
to the five year limitation.
Name : Dirk Shotwell , Representing Airport Advisory Commission
Address : Grandview Dr. N. -- Twin Falls , Idaho 83301
Comments: Asked the Council to look to the long-term impacts of these kinds
of requests.
Name:
Address:
Comments:
Name:
Address.
Comments :
Name:
Address:
Comments:
Name:
Address:
Comments:
(8) The Council finds/daexxRakxfi AA the proposed use to• be in harmony with
the general purpose and will/will not be otherwise detrimental to the public
health, safety and welfare.
(9) The following are additional Findings of Fact and Conclusions of Law
considered by the Council :
a. see attached
b.
C.
r . d.
(10) ORDER:
The Council , pursuant to the aforementioned, finds that the petition of
Danny D. Edwards for a Special Use Permit
to Place a mobile home temporarily in the AP Zoning Di%tr 6tcribed in the
petition should be ap pro vedAdeniodAdeAWxwj%hovtx:pred&McWWMVJ9tK
Special condition or contingencies applied to motion, if any:
As a condition to approval , Mr. Edwards is to sign an avigation easement.
(11) The above named applicant could do the following to receive a favorable
decision:
iOTIv^N: To grant the appeal= of Danny D. Edwards to place a mobile home upon
his property in the Airport Zone according to the terms of the Special Use Permit.
Amended to require an avigation easement.
MOTION BY:
Emery PPtPrSPYI
SECONDED BY: John Peterson
ROLL CALL
Mayor Talkington Voted yes
Councilman Kleinkopf Voted yes
Councilwoman McClusky Voted no
Councilman Newton Voted no
Councilman Emery Petersen Voted yes
Councilman John Peterson Voted yes
Councilman Wubker Voted yes
Councilmember(s) was/were absent.
Motion carried/ Vote 5 to 2
ayor Talkington tJ Councilman Kleinkopf
7
-COUnci.jwSn Emery etersen Councilman John Peterson
,r d
unci lman .Wubker
Additional findings of individual members: +
Dissent: The Airport Advisory Commission and Planning & Zoning were unanimously
against the request. The request is contrary to the ity s Comprehensive Plan.
PauY Newton Mar� s y
Findings adopted by Twin Falls City Council on June o, 1983
. ADDITIONAL FINDINGS OF FACT - DANNY D. EDWARDS
1. Safeguard of renewal of Permit and Special Conditions will allow
adequate protection of Airport Zone against residential encroachment.
2. This Special Use Permit considers the time the Edwards have spent
with City and County officials to obtain approval of their- request
which was originally approved by the County several years ago.
3. The zone allows such a Special Use if the occupant is of immediate
family.
4. With the five year limit on the Special Use there would be no
adverse effects on the Airport Zone.
5. - The Edwards are caught in between the City and County with their
different standards and requirements.
Office of _ " P. O. BOX 1907
COMMUNITY DEVELOPMENT 321 SECOND AVENUE EAST
49 1A. '_ �` TWIN FALLS, IDAHO 83301
PHONE 733-0860 Area Code 208
June 28, 1983
Danny D. Edwards
Route #1
Twin Falls, Idaho 83301
Dear Mr. Edwards
Enclosed is the Special Use Permit granted to you
by the Twin Falls City Council on June 6, 1983 . Enclosed
also is a statement of findings of fact and conclusions
of law which establish the legal basis for the granting
of the permit.
The Special Use Permit is for zoning purposes only.
A building permit is required for actual placement of the
mobile home.
Please do not- hesitate to give me a call at 733-0860
extension 267 if you have any questions about the permit or
the statement of findings of fact and conclusions of law.
Sincerely,
LNO/e LaMar N. Orton
Community Development Director
a
AVIGATION EASEMENT
THIS AGREEMENT, dated this / day of ,
19L�, by and between DANNY D. EDWARDS and LINDA EDWARDS ,
hereinafter called "GRANTOR" , and THE CITY AND COUNTY OF TWIN FALLS,
IDAHO, municipal corporations , hereinafter called "GRANTEES" ,
W I T N E S S E T H:
WHEREAS, Grantor is the owner of a certain parcel of real
property situated in the County of Twin Falls, State of Idaho, more
particularly described as follows : to-wit:
SEE INSERT 1
WHEREAS, Grantees operate and maintain the airport known
as the Twin Falls-Sun Valley Regional Airport, situated in the
County of Twin Falls, State of Idaho, for commercial and general
aviation aircraft operation and for purposes of promoting commer-
cial and general aviation, Grantees have, by ordinance, rules and
regulations, regulated and restricted and prescribed land use of
real property adjacent to said airport and lands over which air-
craft may operate and utilize said. airport; and
WHEREAS, Grantor anticipates the placement of a mobile
home on a temporary basis which lies within or near the areas of
take-off, landing, and traffic patterns established and promulgated
by Grantees for aircraft landing at, taking off from, or operating
at, from or on said airport;
NOW, THEREFORE, in consideration of the premises, and as
a condition of the granting of a special use permit, Grantor does
hereby grant and convey unto Grantees , its successors and assigns,
and to alI persons lawfully using the Twin Falls-Sun Valley
-1-
Regional Airport, the right and easement to use the air space above
Grantor' s property in accordance with the rules regulating take-off,
landing and traffic patterns established and promulgated by the
Twin Falls Airport Commission without liability for any necessary,.
convenient, or operational incidental effects thereof whatever as
the same may presently or in the future exist, together with the
right to Grantees', its successors and assigns, and to all persons
lawfully using said airport, to cause in such air space adjacent
to and above the surface of Grantor's said property, such noise,
vibrations, fumes, dust, fuel particles and all other effects
that may be caused by the operation of aircraft landing at, taking
off from, or operating at, from or on said Twin Falls-Sun Valley
Regional Airport; and
Grantor, does hereby fully waive and release any and all
right for cause of action which they may now have or which they
may have in the future against Grantees, its successors and assigns,
due to noise, vibrations, fumes, dust, fuel particles and all other
effects that may be caused or may have been caused by the operation
of aircraft landing at, or taking off from, or operating at, from
or on said Twin Falls-Sun Valley Regional Airport, PROVIDED, HOW-
EVER, nothing contained herein shall be construed as a waiver by
Grantor, or its successors in interest, of any rights provided by
law for redress due to unlawful or negligent destruction of prop-
erty by persons flying over or using said aerospace or airport
facilities.
IN WITNESS WHEREOF, the Grantor has caused this instrument
to be executed on the day and year first above written.
e4;
- DANNY D. EDWARDS / ?
LI DA EDWARDS,.-'
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STATE OF IDAHO )
ss.
County of Twin Falls ) l
On this r/ ! Y '
/ day of .�.� 19. "'�, before me,
the undersigned, a Notary Public in and for the State of Idaho,
personally appeared DANNY D. EDWARDS and
LINDA EDWARDS known to me to be the persons
whose names are subscribed to the foregoing Avigation Easement, and
acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I - have set my hand and seal the day and
year first above written.
NOTARY PUBLIC FOR IDAHO
Residing at T , Fa11S, Idaho
f:r .i.... .._ f.y�•C-[. 4•;. .[.!".t! %2 t'I Kist/
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INSERT AL
Township 11 South, Range 17 East of the Boise Meridian,. Twin Fal,ls
County, Idaho, ,
Section 7: ' A parcel of land located in the NE4NE14,, more
specifically described as follows: Beginning
at the Northeast corner- of Section 7, thence
North 89047100" West 759.90 feet along the North boundary of
Section 7 to the real point of beginning. Thence
South 00046151" East 225.00 feet; thence
North 89047100" West 541.00 feet; thence
North 00046151" West 225.00 feet to the Northwest corner of
the NEkNE4 of Section 7; thence
South 89047100" East 541.00 feet to the real point of beginning,
EXCEPT .road right-of-way; also EXCEPT a right-of-way
over and across the West 20 feet of the above-described
property.
AND
Township 11 South, •Range 17 East of the. Boise Meridian, Twin Falls
County, Idaho,
Section 7: A 15arcel of land *.located in the NE4NE4 of Section
7, more specifically described as follows: Begin-
ning at the Northeast corner of. Section 7; thence
North 89"47 '00" West, 1300.90 feet to the Northwest corner of the
NE4NE 4,. Section 7; thence
South 00046151" East, 225.00 feet. to the real point of beginning;
thence
South 89°47 ' 00" East, 541.00 feet; -thence
South 00*46151" East, 694.99 feet; .thence
North 67048 '24" West, 77.98 feet; =thence
North 70038133" West, 275.00 feet; thence
North 81°50'12" West, 213.70 feet; thence
North 00046151" West, 546.30 feet .to .the real point of beginning.