Findings - PZ - 1984 - Development permit for home in floodplai - Floodplain Development Permit For Home 135 Ff Rd.
CITY OF EAGLE, IDAHO
MR. AND MRS. HARRY FISHER
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FINDINGS OF FACT AND
CONCLUSIONS OF LAW
In the Matter of
Applicant
FINDINGS OF FACT
1) On May 25, 1984, Harry and Helen Fisher, 135 Floating Feather
Road, Eagle, the applicants herein, applied for a development permit
pursuant to the provisions of Ordinance #83 of the City of Eagle, Idaho.
Mr. and Mrs. Fisher applied for a development permit to build a new
home on their property which lies within the flood plain as designated
by various agencies of the United States Government and therefore they
must comply with the provisions of the Eagle Flood Plain Ordinance.
2) In their application, the Fisher's answered each of those
items required by Section 2, Chapter 4 of the Flood Plain Ordinance.
Those required items include plans drawn to scale showing the nature,
location, dimensions and elevations of the area in question: existing
and proposed structures, elevation in relation to sea level of the
construction pad; certification by a registered professional engineer
of the elevation of 2,583.43 feet, (Mean Sea Level) of the bench mark
of the building pad.
3) On August 7, 1984, the Eagle Planning and Zoning Commission,
following the notice and hearing procedures provided in Section 67-6509,
Idaho Code, held a public hearing and received public testimony from
Mr. Fisher, the applicant. There was no other public testimony in favor
or against the application. Mr. Fisher was unable to answer several
questions that the Commission had and the Commission's motion on the
application was to hold any decision on the matter until Mr. Fisher could
be present at a Zoning meeting with his engineer.
council.
4) On September 4,1984, Mr. Fisher, along with his Engineer,
Mr. J. J. Howard, appeared before the Planning and Zoning Commission
and answered the questions contained in Chapter 4, Section 6, of the
Flood Plain Ordinance #82, to the satisfaction of the Commission members.
The Commission made the following findings:
Mr. Howards answers were in the affirmatlve, and to the satisfaction of the
a) If flooding were to occur, there would be no danger that
materials may be swept onto other lands to the injury of others.
b) There would be no danger to life and property due to flooding
or erosion damage because of the proposed construction.
c) The susceptibility of the proposed home and its contents to
flood damage and the effect of such damage on the individual owner
would be nil.
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d) There is not an alternative location for the proposed home
that is not subject to flooding or erosion damage.
e) There would be safety of access to the property in time of
flood for ordinary and emergency vehicles.
f) The costs of providing governmental services during and after
flood conditions would be nil as the utilities would not be provided
by the City.
5) On September 4, 1984 at the Planning and Zoning Commission
meeting, the Commission voted to recommend to the City Council for
approval of a development permit based upon the foregoing Findings of
Facts, the recommendation for approval was with the condition that
the building have the lowest floor (including basement) at an eleva-
tion one foot above mean sea level.
6) On September 11, 1984, the Eagle City Council, following the
notice and hearing procedures provided in Section 67-6509, Idaho Code,
held a public hearing and received public testimony from Mr. Fisher,
the applicant and Mr. J. J. Howard, the applicant's engineer. There
was no other public testimony in favor or against the application.
Mr. Howard answered the questions contained in Chapter 4, Section 6,
of the Flood Plain Ordinance #83 and Chapter 5, Sections 2, 3, and
4, to the satisfaction of the City Council. Mr. Howard's answers were
in the affirmative and to the satisfaction of the Council.
Based upon the foregoing Flndlngs of Facts, the Eagle City Council
at its September 11, 1984 meeting, voted to approve the Flood Plain
Development Permit for Mr. and Mrs. Harry Fisher for construction of
a home on property located at 135 Floating Feather Road, Eagle, subject
to the submission of an elevation certificate varifying that construct-
ion will be in compliance with the Eagle Flood Plain Ordinance. The
recommendation for approval of this application was based upon the
following:
CONCLUSIONS OF LAW
1) The application of Mr. and Mrs. Harry Fisher for a development
permit dated May 25, 1984, complies with the requirements for the filing
of such an application as set forth in Section 2, Chapter 4 of Ordinance
#82.
2) The standards used by the Eagle City Council for its review of
the application of Mr. and Mrs. Harry Fisher for a Flood Plain Develop-
ment Permit are those standards contained in Section 6, Chapter 4 and
Sections 2, 3, and 4, of Chapter 5 of the Flood Plain Ordinance and as
more specifically contained in the above Findings of Fact.
3) The application by Mr. and Mrs. Harry Fisher for a Flood Plain
Development permit fulfills the statement of purpose contained in
Section 2, Chapterl of the Flood Plain Ordinance as such the Eagle City
Council approves the application s1.iliject to the submission of an eleva-
tion certificate varifying that construction will be in compliance with
the Eagle Flood Plain Ordinance.
(V{~&
CAROL HALEY, Mayor
Att~: <
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Bonnie Krasowski, City Clerk
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