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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