Findings - PZ - 1992 - CUP - Place Manuf. Home On R5 Lot/For Elderly Parent
CI'l'Y OF EAGLE
IN THE MATTER OF
:MARGARET CHESNUT
AN APPLICATION FOR A
CONDITIONAL USE PERMIT
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FINDINGS OF FACT
AND CONCLUSIONS OF
LAW
On April 6, 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, Dale Chesnut, representative of the applicant,
Margaret M. Chesnut, came before the Eagle Planning and Zoning
Commission for the City of Eagle, Idaho, requesting approval of a
conditional use permit to set a manufactured home on a single
family dwelling lot in an R5 District. The lot has an existing
mobile home on the premises, the home of an elderly parent. The
applicant wants to place the manufactured home on the lot, and when
the mobile home is no longer necessary for the parent, it will be
removed.
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:
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
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
entities that there was no objection to the applicant's
request for a special use permit with conditions.
2.
On April 6, 1992, a public hearing was conducted by the Eagle
City Council. There was no opposing public testimony.
3.
The location of the property is 2052 Syringa, Eagle,
Idaho.
4.
The standards used in evaluating the application are in the
following sections of the Eagle City Code:
8-7-3-5 Conditional use permit
and
Eagle Comprehensive Plan
5.
The recommendation of the Eagle Planning and Zoning
Commission on April 6, 1992 was to approve the Conditional
Use Permit with the following conditions:
1. subject to approval of the Eagle Sewer Dist. to serve
the property;
2. review the conditional use permit on an annual basis;
3. when the mobile home is vacated by Margaret Chesnut,
it would be removed from the premises.
Based upon the foregoing FINDINGS OF FACTS, the Eagle City
Council concludes the following:
1.
2.
granting of a Conditional Use Permit for the purpose of
aiding an elderly parent by placing an additional
dwelling on the lot will not violate the Idaho State
Codes, Eagle City Codes or Eagle Comprehensive Plan;
the condition of approval is of a temporary nature,
and is to be removed when the requested use is no
longer needed;
3.
the approval of the application will have no adverse
impact on those property owners in the area;
5.
the application submitted by Margaret Chesnut
for a Conditional Use Permit serves the welfare of
the general public and is in the best interest of the
public.
6.
the proposal is in compliance with Ordinance #192, to
allow mobile homes occupied by a family member to be
located upon a lot upon which a single family dwelling
is located.
On April 6, 1992 the Eagle Planning and
approve the application as presented.
of
FINDINGS OF FACTS AND CONCLUSIONS OF LAW
MARGARET M. CHESNUT, CONDITIONAL USE PERMIT
EAGLE CITY COUNCIL
THE FINDINGS OF FACT AND CONCLUSIONS OF LAW and recommendation
regarding the Conditional Use Permit Application submitted by
Margaret M. Chesnut adopted by the Eagle Planning and Zoning
Commission on April 6, 1992 are hereby adopted by the Eagle City
Council.
THIS, ~ c.. day Of~rN. /' , 1992.
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