Findings - CC - 1994 - CUP for a mobile home for family - Cup To Place A Mobile Home On Residential Lot
CITY OF EAGLE
IN THE MATTER OF )
AN APPLICATION FOR )
A CONDITIONAL USE ) FINDINGS OF FACTS
PERMIT BY ) AND
IRA F. and DORIS M. ) CONCLUSIONS OF LAW
POTTENGER }
On January 11, 1994, pursuant to public notice and hearing
procedures set forth in Idaho State Code, 67-6509, and Eagle City
Code, Title 8. Doris Pottenger, the applicant, came before the
Eagle City Council, in the City of Eagle, Idaho, requesting
approval for a Conditional Use Permit for a mobile home on a single
family lot where a dwelling already exists for a family member,
Velma Jones, the applicants' daughter.
This parcel is located at
Subdivision, City of Eagle.
2128
Dunyon S t ,
in Randall Acres
Based on testimony from the applicant and all interested parties,
together with all documentary evidence submitted concerning the
application, the Eagle City Council finds the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW:
1.
On December 6, 1993 the Eagle Planning and Zoning Commission
recommended approval of the CUP with the condition that the
mobile home will remain only as long as it is needed by the
family member addressed in the application.
2.
The records in this matter indicate all notices, and
publications have occurred as required by law. The records
further reflect notice of the public hearing was sent to the
appropriate public and private entities with responses to the
proposal being received in the City Clerk's office from those
entities. Those responses are as follows:
RESPONSES RECEIVED FROM
ENTITIES:
CENTRAL DISTRICT HEALTH: Will require more data concerning soil
conditions for sewage disposal NOTE: (this property will be served
by Eagle Sewer Dist)
EAGLE SEWER DIST: Is within the Districts planning area. There is
a sewer line in the N right of way of Dunyon St. A permit must be
purchased.
3. Outline of Conditions that May be Attached to Special Use
Permits:
A. Uses allowable with conditions and subject to ability of
political subdivisions to provide services.
B. Notice procedures apply (ISC 67-6509)
C. Can be tied to ability of political subdivisions to provide
services. Sequence, timing, duration, maintenance; can require
site-specific conditions.
D. May require that studies be conducted
E. Transferable from owner but not from parcel.
4.
PRACTICAL POINTERS
The special use permit procedure allows a zoning ordinance to
address uses which are conditionally acceptable in the midst of a
land use zone. The special use procedure allows the application of
special conditions to development of uses which would allow them to
integrate suitably with their surroundings By including the
conditions which are susceptible to special use approval, a permit
applicant is put on notice of what design features should be
considered and might be applied as conditions.
Some of those considerations might be restrictions on lighting,
landscaping requirements, limits on building height or placement,
design considerations.
It may be appropriate to require applicants for a special use
permit to conduct special studies and to provide additional
analysis beyond that normally required of a permit applicant before
a permit can be favorably considered. Special use permits do not
create binding precedent and are very site specific in that certain
uses can be integrated suitably into certain sites better than
others. Accordingly, special use permits are not transferable from
one site to another, but do continue from one owner to another.
Special use permits can be implemented to time certain, or within
a certain time frame.
EAGLE CITY CODE:
NOTE: ECC 8-3-2.E: allows mobile homes occupied by a family member
to be located on a single family dwelling lot. This section of the
code was initiated to aid in cases of family hardship.
8-7-3-2: GENERAL STANDARDS FOR CONDITIONAL USES: The
Commission/Council shall review the particular facts and
circumstances of each proposed conditional use in terms of the
following standards and shall find adequate evidence showing
that such use at the proposed location:
A. Will, in fact, constitute a conditional use as established in
Section 8-2-3 of this Title for the zoning district involved;
B. Will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan
and/or this Title;
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C. Will be designed constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or
intended character of the general vicinity and that such use will
not change the essential character of the same area;
D. Will not be hazardous or disturbing to existent or future
neighboring uses;
E. will be served adequately by essential public facilities and
services such as highways, streets, police and fire protection,
drainage structures, refuse disposal, water and sewer and schools;
or that the persons or agencies responsible for the establishment
of the proposed use shall be able to provide adequately any such
services;
F. Will not create excessive additional requirements at public cost
for public facilities and services and will not be detrimental to
the economic welfare of the community;
G. Will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to
any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke fumes, glare or odors;
H. Will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on
surrounding public thoroughfares; and
J. Will not result in the destruction, loss or damage of a natural,
scenic or historic feature of major importance.
8-7-3-3 Public Sites
following:
and open spaces:
shall
conform to the
A. Public Uses
B. Natural Features
C. Special Developments
8-7-3-4: Supplementary conditions and safeguards: In granting a CUP
the Council may prescribe appropriate conditions, bonds and
safeguards in conformity with this Title. Violations of such
conditions, bonds or safeguards, when made a part of the terms
under which the CUP is granted, shall be deemed a violation of this
Title.
8-7-3-5: CONDITIONAL USE PERMITS
8-7-3-S-C-2:
Upon granting or denying a CUP specify:
a. the ordinance and standards used in evaluating
the application;
b. the reasons for approval or denial; and
c. the actions, if any, that the applicant could
take to obtain a permit.
8-7-3-5-D: Conditions of permit: Upon granting of a CUP conditions
may be attached to said permit including, but not limited to,
those:
1. Minimizing adverse impact on other development;
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2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on site or off site public
facilities or service; and
7. Requiring more restrictive standards than those generally
required in this Title
8-7-3-5-E: TRANSFER OF PERMIT: A CUP is not transferrable from one
parcel to another. (D) A CUP shall not be considered as
establishing a binding precedent to grant other CUP.
CONCLUSIONS
Based upon the foregoing FINDINGS OF FACTS the Eagle City
Council concludes that the application for a Conditional Use Permit
for a mobile home on a single family dwelling unit lot for the
purpose of family hardship is consistent with the intent and
purpose of Eagle City Code, Section 8-3-2.E, and is in accordance
with Eagle City Code, Section 8-7-3-5. Approval of the Conditional
Use Permit promotes the welfare of the general public, and is in
the public interest.
The approval of a Conditional Use Application for the purpose
defined in the applicant's request provides for harmonious
development in the City of Eagle. This mobile home will be
equipped with adequate water and sewer services through an existing
domestic well and Eagle Sewer services.
The Eagle City Council approves the application for a Conditional
Use Permit application by Ira F. and Doris M. Pottenger for their
daughter, Velva Jones, subject to the condition that the CUP is
granted for Velva Jones only and once her need for the mobile home
is removed, the mobile home will be removed.
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