Findings - PZ - 1994 - set a mobile home on R5 residential lot - Set Mobile Home For Elderly Parents
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CITY OF EAGLE
IN THE MATTER OF
Gary & Paula Sue Graham
AN APPLICATION
FOR A
CONDITIONAL USE PERMIT
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FINDINGS OF FACT
AND CONCLUSIONS
OF LAW
On March 7, 1994, pursuant to public notice and hearing procedures
set forth in Section 67-6509, Idaho State Code, and Section 8-7-3-
5, Eagle City Code, Paula Sue Graham, the applicant, came before
the Eagle Planning and zoning Commission for the City of Eagle,
Idaho, requesting approval of a conditional use permit to set a
mobile home on a single family lot where a dwelling already exists.
The location of the property is 525 Parkinson Street, Eagle, Idaho.
The land use designation is R5 (residential).
Based on the application, testimony from the applicant and all
interested parties and, together with all documentary evidence
submitted concerning the application, the Eagle Planning and Zoning
Commission finds the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1.
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
relevant public entities, including Central District Health,
Eagle Sewer District, Eagle Water Co., Eagle Fire Dept., Idaho
Power, and Ada Highway District.
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.
2. On March 7, 1994, a public hearing was conducted by the
Eagle Planning and Zoning Commission. Public testimony in was
received and concerns of the public were expressed regarding
obstruction of view of neighbors across the street and to the side
of the property. There is concern about the sharp corner (90
degree) of Parkinson & Syringa if the mobile home causes
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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
following:
Sites
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 an
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;
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-S-E: TRANSFER OF PERMIT: A CUP is not transferrable from one
parcel to another.
(F) A CUP shall not be considered as
precedent to grant other CUP.
establishing a binding
OUTLINE OF CONDITIONS THAT MAY BE ATTACHED TO SPECIAL USE PERMIT
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
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site-specific conditions.
D. May require that studies be conducted
E. Transferable from owner but not from parcel.
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 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.
CONCLUSIONS OF LAW
1. granting of a Conditional Use Permit for the purpose of
establishing a mobile home on the applicant's property will
not violate the Idaho State Codes, Eagle City Codes or Eagle
Comprehensive Plan.
2. the approval of the application will have no adverse
impact on those property owners in the area;
3. the application submitted by Gary & Paula Sue Graham
for a Conditional Use Permit serves the welfare of the
general public and is in the best interest of the
public.
RECOMMENDATION
Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF
LAW, the Eagle Planning and Zoning Commission recommends to
the Council the application be approved subject to the
following condition:
Mobile Home is to be situated on the property as not to be an
obstruction and that this is a temporary nature and a hardship case
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that the Conditional Use Permit be granted for on year at a time
and has to be renewed annually.
ADOPTED by the Eagle Planning and Zoning Cohuniss i,Qn "b'f' -the City of
Eagle, Idaho this .2L day of MarC~k~T;lLERK
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THE FINDINGS OF FACT AND CONCLUSIONS OF LAW, and recommendation
regarding the Graham application for a Conditional Use Permit
adopted by the Eagle Planning and Zoning on March 21, 1994, are
hereby adopted by the Eagle City Council with the following
modification:
1. The mobile home will be removed when there is no further need
by the parents.
2.
There will be a yearly review.
DATED this
26
day of
April
, 1994
APf\ved:
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MAYOR'gTE
Attest': c-
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