Findings - CC - 1992 - Lexington Hills/variance for mult lots - 15' Rear Setback Granted Where Open Space Is Adjac
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Lexington Bill. Sub )
AN APPLICATIOR )
FOR VARIAlfCBS )
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FIIIDIBGS OF FACT
.AIID CONCLUSIONS OF
LAW
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On " Növember 24, 1992, pursuant to public notice, and, hearing,
procedures set forth in Section 67-6509, Bert Bradley, a owner-&,
representative of Lexington Hills, Inc., the applicant" came before
the Eagle City Council, for the City of Eagle, Idaho,.requesting
consideration for variances in Lexington Hills ~~b4iv~siop,
specifically the following:
1.20-25 BLOCK 5 PBASB 2
2. "LOT' 27-30 '5 PllASB 2
3. IDTS' -37 5. PBASB 2
4. LOTS-'l-8 '~ 13"PHABB . 2
Š .' JljTs-I=ïJ' BLOC1t 14 PllASB 2
. C D .AIID B SBCTIORS OF TIIB OUTLIDD DP SUBIIIft'BD WI'l'Ø
Y PLAT
Specifically the following variances:
1. Approval of a rear yard setback variance of 15' on all lots
listed above
2. Side setbacks of 5' on one side and 7.5' on the other side,
provided the distance between homes is not less than 12.5' per
total, set back. '. .
Based on testimony from the applicant and all interested 'parties,
together with all documentary evidence submitted concerning the
applic~;tiQI1' the Eagle City Council finds the following:..
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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 redords
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 October 19, 1992 public hearing proceedings were conducted
by the Eagle Planning and Zoning Commission and testimony was
received on the proposal; there was opposition by those that
disputed the need for variances as there is no hardship. The
Eagle Planning and Zoning recommended to Council denial of the
variances as submitted.
3.
The standards used in evaluating the application are in the
following sections of the Eagle City Code... , ,
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8-7-4-2: VARIANCES
Ai 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 arepeëuliar to
the land, (b) rights, commonly enjoyed, maybe deprived, (C)
special conditions do, not result 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 abovementioned
standard and conditions have been met by the applicant.
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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.
4.
The granting of a variance meets the intent of the Idaho Code,
is in the interest of the purpose and scope of the Eagle City
Code, and Eagle Comprehensive Plan in that the variances
granted are only those lots that back up to a common area,
thus increasing the common area making it unnecessary to add
a total of 25 ft back yard setback.
5.
Based upon the foregoing findings of facts the Eagle City
Council concludes that the request for the variance
application be approved for the follow lots only:
"a 15 ft rear setback is granted where there is open space
(common areas) adjacent to the back portion of the lot,
.specifically lots 20, and 30, 32 through 37 of block 5 and
lots 1, and 4 through 8, of block 13, And, on those lots
granted variances, to permit side setbacks of 5 ft. on one
side and 7.5 ft., provided the distance between homes is not
less than 12.5 ft. per total setback, to those lots only".
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of Eagle, Idaho.
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