Findings - CC - 1989 - - Variances On Lots 8,9,10,15,24
CITY OF EAGLE
In the Matter of:
EAGLE RIM SUBDIVISION
Variances
FINDINGS OF FACTS
& CONCLUSIONS OF
LAW
On August 29, 1989, pursuant to public notice and hearing
procedures set forth in Section 67-6509 of the Idaho Code, this
matter came before the Eagle City Council, City of Eagle, Idaho,
a hearing upon the request of Walt Wanner, owner of the
development, for variances on lots 8,9,10,15 and 24 of said
subdivision to reduce the set backs to county requirements, 20'
front, 15' rear and 5' side.
Based on testimony from the applicant and interested parties
together with all documentary evidence submitted concerning the
application, the Eagle City Council 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 proposed variances was sent to the
appropriate public and private entities with responses not
objecting to the variances being received from those entities;
2. On July 17, 1989 public hearing proceedings were conducted
with Eagle Planning and Zoning Commission. Testimony was
presented as stated by the Engineer for the project, Jim Howard
that it is impossible to build on the 5 lots without redesigning
the entire plat unless the requested variance is granted. This
hardship was created by requirements of ACHD for the road
providing access to the development.
3. Based upon said testimony Planning and Zoning concluded
that building on said lots is impossible under Eagle's set back
requirements unless the entire subdivision plat is redesigned.
4. The aforesaid special conditions affecting the property make
it unreasonable to deny the requested variances.
5. Eagle City Council received opposition to a variance on lot
24. It was established that the lot has a dirt fill placed
against the neighbors fence. Council concluded that the
variances will be approved with assurance from the developer that
lot 24 will be provided with some method of proper grading or
retaining wall to protect the fence.
6. Strict compliance with the requirements of this Title will
result in hardship in that it will be impossible to build homes
on said lots after ACHD roadway requirements are met.
7. Granting the requested variances will not be detrimental to
the public or injurious to other property.
8. The variances will not violate the Idaho Code, nor nullify
the interest and purpose of Title 8 and 9 of the Eagle City Code
or the Eagle Comprehensive Plan,
Based upon the foregoing Findings of Facts and Conclusions of
Law the Eagle City Council concludes that the variances on lots
8, 9, 10, and 15 of the Eagle Rim Subdivision reducing said set
back requirements be granted. The Council further concluded that
the developer would be required to comply with #5 of these
findings on lot 24.
DATED t
day of September, 1989.
Barbara Montgome y
City Clerk
AP~ed' ~L'
ItQ J
Mayor steve Guerber
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