Findings - PZ - 1992 - Conditional Use Permit - Continue Use Of Mobile Home For Resident
CI'l'Y 01' BAGLB
IR TIIB JlAftER 01'
BOPE LUTIIBRAR CHURCH
Alf APPLICATIOR FOR A
COlmITIODL USE PBRXIT
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)
)
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PIlmIRGS 01' PACT
AlfD COBCLUSIORS 01'
LAW
On February 3, 1992, pursuant to public notice and hearing
procedures set forth in Section 67-6509, Idaho State Code, and
Section 8-7-3-5, Eagle City Code, Scott Bernard, Pastor and
representative of Hope Lutheran Church, the applicant, came before
the Eagle Planning and zoning Commission for the City of Eagle,
Idaho, requesting approval of a conditional use permit to continue
the use of a mobile home on a single family dwelling lot in an R5
District for additional classroom and storage for the church, a
temporary use, due to the overcrowding of the church.
History: A Conditional Use Permit was issued to the former property
owners, United Methodist Church of Eagle, for occupation with a
year by year extension of time, until the church could build an
addition. The Church property sold, and the Lutheran Church
received the mobile home through the sale.
Based on the application, testimony from the applicant and all
interested parties and, together with all documentary evidence
submitted concerning the application, the Eagle Planning and Zoning
Commission finds the following:
1.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Thè 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
relevant public entities, including Central District Health,
Eagle Sewer District, Eagle Water Co., Eagle Fire Dept., Idaho
Power, and Ada Highway District. The City was advised by said
enti ties that there was no objection to the applicant' s
request for a special use permit.
2.
On February 3, 1992, a public hearing was conducted by the
Eagle Planning and zoning Commission. There was no public
testimony in opposition.
3.
The location of the property is 223 N. Eagle Rd., Eagle,
Idaho.
4.
The standards used in evaluating the application are in the
following sections of the Eagle City Code:
8-7-3-5-C-2:
TITLE 8-7-3-5: CONDITIONAL USE PERMITS
Upon granting or denying a CUP specify:
a. the ordinance and standards used in evaluating
the application;
b. the reasons for approval or denial; and
c. the actions, if any, that the applicant could
take to obtain a permit.
8-7-3-5-D: Conditions of permit: Upon granting of a CUP conditions
may be attached to said permit including, but not limited to,
those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on site or off site public
facilities or service; and
7. Requiring more restrictive standards than those generally
required in this Title
8-7-3-5-E: TRANSFER OF PERMIT: A CUP is not transferrable from one
parcel to another. (D) A CUP shall not be considered as
establishing a binding precedent to grant other CUP.
1.
2.
3.
and
The Eagle Comprehensive Plan
CONCLUSIONS OF LAW
granting of a Conditional Use Permit for the purpose
of continuing the use of the mobile home for additional
classrooms and storage on a single family dwelling lot
will not violate the Idaho State Codes, Eagle City Codes
or Eagle Comprehensive Plan;
the approval of the application will have no adverse
impact on those property owners in the area;
the application submitted by Hope Lutheran Church
for a Conditional Use Permit serves the welfare of
the general public and is in the best interest of the
public.
RECOMMENDATION
Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF
LAW, the Eagle Planning and zoning Commission recommends to
the Council the application be approved with the following
conditions:
1.
the condition of approval is of a temporary nature,
the mobile home is to be removed when the requested use
is no longer needed. This condition is subject to a
yearly review and request for extension of time by Hope
Lutheran Church representatives before the Eagle City
Council.
2.
the area is to be maintained at all times;
On February 3, 1992 the Eagle Planning and Zoning Commission voted
to approve the application as presented.
ADOPTED by the Eagle Planning
Eagle Idaho this ~ day of
and zoning Commission, ~f..~, City of
March, 1992. ..\~t OF E L'. ~###
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BARBARA MO I'GGMERY; G 'CITY \dLåRK
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CHAIRMAN LLOYD GERBER
PLANNING AND ZONING
COMMISSION
THE FINDINGS OF FACT AND CONCLUSIONS Of LAW, and recommendation
regarding Hope Lutheran Church adopted by the Eagle Planning and
zoning Commission on March 2,1992 are hereby adopted by the Eagle
City Council.
24
day of
March
, 1992.
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