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Findings - PZ - 1992 - Variance from setback - 20' Front Setback To 17'/Extend Garage Toward St. CI'l'Y OF EAGLE III TBB IlATTBR OF ) JAllBS .AIID KAY SBBRBR ) All APPLICATIOII ) FOR A VARIAIICB ) FIIIDIIiGS OF FACT .AIID COIICLUSIORS OF LAW On March 16,1992, pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, Kay Sherer, the applicant, came before the Eagle Planning and Zoning Commission, for the City of Eagle, Idaho, requesting consideration for a variance from a 20 ft front set back to a 17 ft setback in order to extend the front of the garage toward the street, a variance request of 3 ft. Based on testimony from the applicant and all interested parties, together with all documentary evidence submitted concerning the application, the Eagle City Planning and Zoning Commission finds the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW: 1. The records in this matter indicate all notices, and publications have occurred as required by law. the records further reflect notice of the public hearing was sent to the appropriate public and private entities with responses to the proposal being received in the City Clerk's office from those entities; 2. On March 16,1992 public hearing proceedings were conducted by the Eagle Planning and Zoning Commission and testimony was received in favor of the proposal; there was no opposition. 3. The standards used in evaluating the application are in the following sections of the Eagle City Code. 8-7-4-2: VARIANCES A. THE COUNCIL HAS THE POWER TO GRANT VARIANCES B. APPLICATION AND STANDARDS FOR VARIANCE: shall not be granted by council unless a written application is submitted to the administrator and Council containing: 1. name and address of applicant 2. legal description of property 3. description of variance needed 4. statement that (a) conditions exist which are peculiar to the land, (b) rights, commonly enjoyed, may be deprived, (c) special conditions do not results from the actions of applicant, (d) that granting a variance will not confer on the applicant any special privilege a variance shall not be granted unless the Council makes specific findings of the fact based directly on the particular evidence presented to it which support conclusions that the above mentioned standard and conditions have been met by the applicant. 8-7-4-3: Under no circumstances shall the Council grant an appeal or variance to allow a use not permissible under the terms of this Title in the district involved, or any use expressly or by implication prohibited by the terms of this Title in said district. In granting any appeal or variance, the Council may prescribe appropriate conditions and safeguards in conformity with this title. Violation of such conditions and safeguards when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this Title. 4. The granting of a variance will not violate the Idaho Code nor nullify the interest or purpose of the Eagle City Code, or Eagle Comprehensive Plan. 5. Based upon the foregoing findings of facts the Eagle Planning and Zoning Commission concludes that the recommendation to Council should be that the application be granted for the Variance of 3 ft., from the 20ft setback regulation to a 17 ft. variance request. ADOPTED by the Eagle Planning and Zoning Commission of the City of Eagle, Idaho. Þ 6 day of April , 1992. ",'II""" II' F 1';1 I", ....I~ 0 .4.;","1, #', .. " . ~ "'> , ,." ~ """-O<)Ðe,, \}'.:", ~ "\, ",f'. "", "- d\. '.. ATTESTi' C)',i~ <.? GRA .,°,\,,->, '".;. :: ,.('," ""',>\t: -~,""""'::~,"r:'!Þ"7','~':: : ) t ;;~. : BARBARA M NTGOMERyr:;:' :: C%~;CtERK", l <Ý&"~~::':4 ',r.(,,<'Ò""~ 'l/(t~U'\' ~";~II" ~RÆ.Iß~H~~" This APPROVED: S( LLOYD GERBER ' CHAI RMAN FINDINGS OF FACTS AND CONCLUSIONS OF LAW JAMES AND KAY SHERER, VARIANCE EAGLE CITY COUNCIL THIS -$ t" ~ppr;17: q,,;,:;.,<... MAY THE FINDINGS OF FACT AND CONCLUSIONS OF LAW and recommendation regarding the Variance application submitted by James and Kay Sherer adopted by the Eagle Planning and Zoning Commission on April 6, 1992 are hereby adopted by the Eagle City Council. I,IU""", ~ "(\f i-7¿ I"", d f 1992 ..", ".J "-"',An'..'~ ay 0 ,. :""'",.""\. ",:r;<')"'3,:,,"'"',~',T,},~. ~':> '"," "" f>'" of' "v' ,) . ~ 0"", (; '-,7 CPo/; ", ,";, f. .:;. .,'. ,,' . ,;:'. " t:!' , , ,,'