Findings - CC - 1984 - Variance - Variance For Rear Yard Setback
CITY OF EAGLE, IDAHO
)
)
ROBERT BALDWIN)
)
VARIANCE APPLICATION)
IN THE MATTER OF
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
FINDINGS OF FACT
1) On January 30, 1984~ Robert and Carlie Baldwin applied
for a variance from Article VII of Ordinance #40 requiring a
rear yard setback of twenty-five feet (25') for property located
at 305 Yellowpine~ Eagle, Idaho.
2) On March 6, 1984, following the notice and hearing pro-
cedures required by Section 67-6509~ Idaho Code, the Eagle Plan-
ning and Zoning Commission recommended that the Eagle City Council
approve the variance.
3) On April 24, 1984, the Eagle City Council following the
notice and hearing procedures required in Section 67-6509, Idaho
Code, voted to approve the variance.
4) The variance is warranted by the desire of the applicant
to locate a house on a lot at 305 Yellowpine, Eagle; that
A.
Is pie shaped and circumstances exist which are per-
culiar to this lot and not applicable to other lands
in the same district.
B.
The literal interpretation of the provisions of Arti-
cle VII of Ordinance #40 would deprive the applicant
of the rights commonly enjoyed by other properties in
the same district under the terms of the Zoning Ordin-
ance.
C.
That special conditions and circumstances did not
result from the actions of the applicant, as they
purchased the lot as is; and
D.
The granting of the variance requested would not
confer on the applicant any special privilege that
is denied by the Zoning Ordinance to other lands
in the same district.
CONCLUSIONS OF LAW
1) The application of Robert and Carlie Baldwin for a var-
iance for property located at 305 Yellowpine, Eagle, complies
with the requirements for a Variance as set forth in Article XV
of Ordinance #40 of the City of Eagle for the following reasons:
A.
Special conditions and circumstances exist which are
perculiar to this lot, i.e., it's unusual spahe which
is not applicable to other lots in the same district.
B.
A literal interpretation of the provisions of
the Zoning Ordinance would deprive the applicant
of the rights commonly enjoyed by other proper-
ties in the same district under the terms of the
Ordinance.
C.
The special conditions and circumstances did not
result from the actions of the applicant, as they
purchased the lot as is.
Ð.
Granting the variance requested would not confer
on the applicant any special privilege that is
denied by the Zoning Ordinance to other lands in
the same district.
A~PTED By the Council of the City of Eagle, Idaho, this
,J;l day of 11l{ð ' 1984.
AP~OVED By the Mayor of the City of Eagle, Idaho, this
~;;¡ day of "inr ' 1984.
APPROVED:
CAROL HALEY, Mayor
ATTEST:
FINDINGS OF FACT AND
CONCLUSIONS OF LAW - PAGE TWO