Findings - PZ - 1993 - variance from 15' rear setback to 13' - Grant A Variance From A 15' Rear Setback To 13'
CITY OF EAGLE
IN THE MATTER OF )
GREG ESPLIN AN )
APPLICATION FOR A VARIANCE)
FINDINGS OF FACT
AND CONCLUSIONS OF
LAW
On June 6, 1994, pursuant to public notice and hearing procedures
set forth in Section 67-6509, Idaho State Code,
Greg Esplin the applicant, came before the Eagle Planning and
Zoning Commission, for the City of Eagle, Idaho, requesting
consideration for a variance from a 15 ft. rear set back to a 13
ft. rear set back. The basis of the request is to enclose a patio
and make an additional room.
Based on testimony from the applicant and all interested parties,
together with all documentary evidence submitted concerning the
application, the Eagle City 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 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:
EAGLE FIRE DEPT:
no opposition to this application.
EAGLE SEWER DIST:
no objection to this request
u. S. WEST: requests a 10" easement on front & rear property
lines & a 5' easement on all side lines.
2 .
On June 6, 1994 public hearing proceedings were conducted by
the Eagle Planning and Zoning Commission and testimony was
received. There was no opposition.
3.
The standards used in evaluating the application are in the
following sections of the Eagle City Code.
8-7-4-2:
VARIANCES
A. Authority to Grant Variances: The Council may authorize, in
specific cases, such variance from the terms of this Title as will
not be contrary to the public interest where owing to special
conditions, a literal enforcement of the provisions of this Title
would result in unnecessary hardship. No nonconforming use of
neighboring lands, structures or buildings in the same district and
no permitted or nonconforming use of lands, structures or buildings
in other districts shall be considered grounds for issuance of a
variance. Variances shall not be granted on the grounds of
convenience or profit, but only where strict application of the
provisions of this Title would result in unnecessary hardship.
B. Application and Standards for Variance: shall not be granted by
council unless a written application is submitted to the
administrator and Council containing:
1. name and address of applicant
2. legal description of property
3. description of variance needed
4. statement that (a) conditions exist which are peculiar to
the land, (b) rights, commonly enjoyed, may be deprived, (c)
special conditions do not results from the actions of
applicant, (d) that granting a variance will not confer on the
applicant any special privilege
a variance shall not be granted unless the Council makes specific
findings of the fact based directly on the particular evidence
presented to it which support conclusions that the above mentioned
standard and conditions have been met by the applicant.
8-7-4-3: Under no circumstances shall the Council grant an appeal
or variance to allow a use not permissible under the terms of this
Title in the district involved, or any use expressly or by
implication prohibited by the terms of this Title in said district.
In granting any appeal or variance, the Council may prescribe
appropriate conditions and safeguards in conformity with this
title. violation of such conditions and safeguards when made a
part of the terms under which the appeal or variance is granted,
shall be deemed a violation of this Title.
CONCLUSION
A.
Variances deal only with bulk regulations - not uses.
B. To be granted only upon showing of undue hardship because of
characteristics of the site Must not conflict with public interest.
The variance is a mechanism which serves as a safety value to
provide potential relief from impractical and purposeless
application of building bulk and placement requirements. Variances
do not involve land use; but require an applicant to make a
showing of two particular aspects of the proposal. One fact is
that the variance request must be the result of a unique site
characteristic. Court decisions have generally determined that
this unique site characteristic must be one which is natural,
rather than man-made or induced by an owner. Configuration of lot
boundaries, locations of existing buildings, etc. are seldom
considered unique site characteristics. The applicant needs to
show the unique site characteristic and 1. undo hardship because of
the characteristic and 2. that there is harm to public interest
because of the characteristic. The Commission concludes there is
(no) justified reason for a Variance.
Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF
LAW, the Eagle Planning and zoning Commission recommends to
the Council the application submitted by Greg Esplin for a
Variance be denied based on the foregoing conclusions, in
particular there is no justified reason for the Variance and
the application does not meet the Variance requirements (ECC
8-7-4-2) .
ADOPTED by the Eagle Planning and Zoning Commission of the City of
Eagle, Idaho.
This
20th
day of
June
, 1994.
APPROVED:
ATTEST:
KEN SMITH
CHAIRMAN
BARBARA MONTGOMERY
CITY CLERK
CONCLUSION
The Findings of Fact and Conclusions of Law in the application of
Greg Esplin for a Variance in the rear set back from 15 feet to 13
feet. The Eagle City Council concludes that the application for
request for a Variance should be approved based on the fact that
the application proves no hardship on the public or surrounding
property owners and it gives the applicant an opportunity to
enclose his porch and add space to his home. The granting of the
application does not violate the Idaho Code nor nullify the
interests or purposes of the Eagle City code. The application is
therefore approved.
ADOPTED by the Eagle City Council of the City of Eagle, Idaho
this 23rd day of August, 1993.
Approve:
Attest:
~~~.,
Steve Guerber¡ Mayor
City of Eagle
Planner