Findings - CC - 1987 - - Eagle Ridge Subd Fp And Variances
BEFORE THE CITY COUNCIL OF THE CITY OF EAGLE
In Re: Eagle Ridge Subdivision
Final Plat and Variances
Block Brothers Industries, Inc.,
Applicant.
)
)
)
)
)
FINDINGS OF FACT,
CONCLUSIONS OF
LAW AND DECISION
On October 13, 1987, pursuant to public notice as required by
law, this matter having come before the City Council of the City
of Eagle, Idaho, for public hearing upon the application of Block
Brothers Industries, Inc. (applicant) for approval of the Eagle
Ridge Subdivision plat and variances thereto; and the City Council
having heard testimony from interested parties and being fully
advised in the matter, now makes the following
FINDINGS OF FACT AND CONCLUSIONS OF LAW:
1.
Applicant has applied for approval of the Eagle Ridge
Subdivision final plat and variances for the subdivision plat lots
between stierman Way and Palmetto Drive.
2.
All legal requirements for notice of public hearing have
been met.
3.
Relevant criteria and standards for consideration of
this application are set forth in Sections 9-2-3 and 9-2-4, Eagle
City Code, for the final plat and Section 9-6-3, Eagle City Code,
for the requested variances.
4.
The final plat is in conformance with the approved
preliminary plat.
5.
The final plat is in conformance with the duly adopted
comprehensive plan of the City of Eagle.
Page I
6.
There are public services available to accommodate the
proposed development.
7.
The public is financially able to provide support
services to the proposed development.
8.
The proposed development does not pose public health,
safety, or environmental problems.
9.
The Planning and Zoning Commission of the City of Eagle
has recommended, following a public hearing held October 6, 1987,
that the plat be approved subject to the following conditions:
(1)
A 40-foot right-of-way be dedicated to the Ada
County Highway District.
3:¿
(2) A~foot road section with a sidewalk on one side
be constructed in accordance with Ada County Highway
standards from stierman Way to Palmetto Drive.
(3)
Palmetto Drive be completed from Palmetto Drive
East to the Eagle Ranch Subdivision line.
(4)
Pebble Beach Way be completed from Palmetto Drive
East to the Eagle Ranch Subdivision line.
(5)
All lots be provided with domestic water, power,
storm, and sanitary sewer service.
(6)
A 5-foot variance from both the front and rear
setback requirements be obtained for the lots located between
stierman Way and Palmetto Drive.
10.
The Planning and Zoning Commission, following a public
hearing held October 6, 1987, has recommended that a 5-foot
variance from both the front and rear setback requirements of the
Page 2
Eagle City Code be granted for the lots located between Stierman
Way and Palmetto Drive.
The Commission found that undue hardship
existed due to the developer's inability to satisfy Ada County
Highway standards regarding road width, while maintaining an
economically feasible subdivision layout.
11.
The topographical constraints of the plat area and Ada
county Highway standards create special circumstances affecting
the property, rendering the strict application of the provisions
of Eagle City Code, Title 9, impracticable.
12.
strict compliance with the requirements of Eagle City
Code, Title 9, will result in extraordinary hardship to the
subdivider.
13.
The requested variance will not be detrimental to the
public welfare or injurious to other property in the area.
14.
The variance will not violate the provisions of the
Idaho Code.
15.
The variance will not nullify the interest and purpose
of Title 9 and the Comprehensive Plan.
Based on the foregoing findings of fact and conclusions of
law, the City Council of the City of Eagle hereby makes and enters
the following:
1.
DECISION
The Eagle Ridge Subdivision final plat is approved,
subject to the conditions numbered 1 through 5 under Findings of
Fact and Conclusions of Law No.9.
Page 3
2.
A 5-foot variance from both the front and rear setback
requirements for the lots located between stierman Way and
Palmetto Drive is hereby granted.
DATED this 17th day of November, 1987.
CITY OF EAGLE
By
~
/
MLDkajO57
Page 4