Findings - PZ - 1987 - - Rezone From Residential To Commercial
In the Matter of: )
)
HOMER R. GARRETT)
)
Applicant)
FINDINGS OF FACTS
AND CONCLUSION OF LAW
FINDINGS OF FACT:
1.
On January 3, 19A7 , Homer R. Garrett applied, through his
representative, Chuck Palmer, for a rezone from residential to
commercial.
The exact location of the property is N E of
Cobblestone Ln, on Hiqhway 44.
The applicant seeks to rezone
the property in order to establish a small engine repair and
rental business.
The property is currently used as a home
rental.
2.
In accordance with the provisions of section 8-7-2 (a)
of the Eagle City Code application was submitted and section
8-7-4-2 of the Eagle City Code requirinG notification to the
general public with 300' of said property.
3.
On March 3,1987, a public hearing was held by the Eagle
Planninq and Zoning.
There was a question and doubt as to the
current zoning of that particular parcel and the issue was
tabled until the zoning question was answered.
4.
On April 7,1987, Eagle Planning and Zoning met again in
public hearing, after meeting the requirements set forth in
section 67-6509 of the Idaho State Code, and established that
the property in question was currently zoned residential.
5.
The Eagle Planning and Zoning Commission voted to recommend
approval of the proposed zoning change to the Eagle City Council.
6.
April 14, 1987, The Eagle City Council did not meet due to
lack of quorum.
7.
May 12, 1987, The Eagle City Council held a public hearing
after complying with section 67-6509 of the Idaho State Code.
The council denied the zoning change request.
CONCLUSIONS OF LAW:
1.
The Eagle City Council voted unanimously to deny the applicant
the requested zoning change (1) as in accordance with the Eagle
City Code, section 8-2-1, Business Districts, establishes that
marginal strip development shall be prohibited, and that (2)
since in that area of the city there are residential homes
that that does create an "island" and that (3) request and public
input is such to support that
section of the code, therefore;
the Eagle City Council denies the request for rezoning by the
applicant.
ADOPTED by the Eaglaz;,,:¡nCil of the City of Eagle, Idaho
this if day of. ., 1987.
APPROVED by the Mayor of the City of Eagle, Idaho this
. Of~' 1987.
/1
~~
CAROL HALEY,
'\
ATTES'1 . \
I')! ~ '----- ( I...:
ara Montgomery,
/
FINDINGS OF FACT AND CONCLUSIONS OF LAW
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