Findings - PZ - 1992 - variance for side setback - House Was Built To The 5'Setback On One Side
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CITY OF BAGLB
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IR TBB'MATTBR OF )
DAVB 'KATIB SIRCLAIR)
All APPLICATIOR )
FOR A VARIAllCB )
FIImIRGS OF FACT
.AIID CONCLUSIONS OF'
LAW
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On October' 19, 1992, pursuant to public notice and' he&ring
procedures set forth in Section 67-6509, Idaho Stateqode,tMax
Miller, builder and representative for the applicants , Dave,and
Katie Sinclair, came before the Eagle Planning' ¡and. Zoning"';"¡
Commission, for the City of Eagle, Idaho, requesting consideration
for a variance from a 7 1/2 ft side set back to a 5 ft set back on
one side of their lot. The basis of the request is the house was
built to the 5 ft side set back in error. The house is completed
and occupied at this time.
Based on testimony from the applicant and all interested parties,
together with all documentary evidence submitted concerni~g 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 f~om those
entities;
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2 .
On October 19, 1992 public hearing proceedings were conducted.
by the Eagle Planning and Zoning Commission and testimöny'was
received; there was no opposition, but questions were raised
regarding who's responsibility it was to check set backs.
The standards used in evaluating the application are in the
following sections of the Eagle City Code.
3.
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 result from the actions of
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applicant, (d) that granting a variance will not conferon~the
applicant any special privilege . I
a variance shall not be granted unless the Council makes.s~ecific
findings of the fact based directly on the particulaJÎ~ eviõëfice
presented to it which support conclusions that ,the above,.mentioned ,
standards._and èonditions have been met by the applic.ari£ ,.' -- .'
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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.
5.
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.
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 as requested.
4.
ADOPTED by the Eagle Planning and Zoning Commission of the City of
Eagle, Idaho.
This ~2.
day of
November
, 1992.
ATTEST:
APPROVED:
LLOYD GER'BER
CHAIRMAN
BARBARA MONTGOMERY
CITY CLERK
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FINDINGS OF FACTS AND CONCLUSIONS OF LAW
DAVE AND KATIE SINCLAIR
EAGLE CITY COUNCIL
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THE FINDINGS OF FACT AND CONCLUSIONS OF LAW and recommendation
regarding the Variance application submitted by Dave and Katie
Sinclair adopted by the Eagle Planning and Zoning Commission'on
November 2, 1992 are hereby adopted by the Eagle City Council.
1~_Î.8TH
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. "OR~S'TEVE GUERBER
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day of
(
,
, 1992.