Findings - PZ - 1984 - Variance - Variance 240 N Eagle Rd./Drill Domestic Well R-5
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CARPENTER)
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VARIANCE
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
IN THE MATTER OF
ROBERT & MAXINE
APPLICANTS
1)
2)
3)
4)
1)
FINDINGS OF FACT
On October 12, 1984, Robert and Maxine Carpenter applied
for a Variance from Article III, Section B., Item 2 of the
City of Eagle Zoning Ordinance #40, for property located
at 240 North Eagle Road, Eagle, Idaho.
On November 6, 1984, the Eagle Planning and Zoning Commis-
ion, following the notice and hearing procedures required
in Section 67-6509, Idaho Code, voted to reco~~end to the
Eagle City Council that the Variance be approved.
On November 27, 1984, the Eagle City Council, following
the notice and hearing procedures required in Section 67-
6509, Idaho Code, voted to approve the variance with the
stipulation that in the event a centralized water system
is established in the downtown core area, the Carpenters
will connect to the water system.
The variance is warranted by the desire of the applicant
to drill a domestic well in an R-5 Zone on property located
at 240 North Eagle Road, Eagle.
CONCLUSIONS OF LAW
The application of Robert and Maxine Carpenter for a var-
iance to drill a domestic well on property located at
240 North Eagle Road, 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.
That special conditions and circumstances exist which
are perculiar to the land which is not applicable to
other lands as there is no access to a Central Water
System.
b.
That literal interpretation of the provisions of
Ordinance #40, Article III, Section 2, would deprive
them of the right to build a home in an R-5 Zone.
c.
That special conditions and circumstances did not
result from the actions of the applicant as they had
nothing to do with the fact that no centralized water
is available.
d.
That granting the variance requested will not confer on
the applicants any special privilege that is denied by
the Zoning Ordinance to other lands as the lot in quest-
tion Is located in the downtown core area where no
central water is available and the lot is surrounded
by other lots with domestic wells.
Findings of Fact
Conclusions of Law
CARPENTER VARIANCE
Page 2
ADOPTED By the Council of the City of Eagle, Idaho, this
/ ) ~/ day of l~~QI-Ù.J , 1984.
APPROVED By ~ayor of. the City of Eagle, Idaho, this
I ¡ ~ day of -Q.---vvJL.v,) , 1984.
ATTEST:
APPROVED:
4d~
CAROL HALEY, 'r
"?^~.:. ,~~
nle Kras s i
City Clerk