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Findings - CC - 1990 - - Cup For Automotive Body Shop CITY OF EAGLE FINDINGS OF FACT AND CONCLUSIONS OF LAW IN THE MATTER OF ) A CONDITIONAL USE PERMIT) FOR A AUTO BODY SHOP IN ) A CBD DISTRICT. ) APPLICANT: LES CULLEN) On June 26, 1990, pursuant to public notice and hearing procedures set forth in Sectipn 67-6509, Idaho State Code, Les Cullen, the applicant, came before the Eagle City Council, City of Eagle, Idaho, requesting consideration for a Conditional Use Permit in behalf of Bob Thomas in order to establish an auto body shop in the Central Business District. Based on testimony from the applicant and all 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 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 June 26, 1990 public hearing proceedings were conducted by the Eagle City Council. Oral and written testimony was received. 3. The application submitted by J.W. Cullen for a Conditional Use Permit shall comply with the requirements set forth in Eagle City Code, Section 8-5-2, allowing the automotive body shop to occupy the Fabco premises if: 1. no structural alterations are made to the building to be occupied by the automotive body shop; the operation of an automotive body shop is equally appropriate to the CBD than the existing nonconforming use; the standard conditions for the issuance of a conditional use permit set forth in section 8-7-3- 2, Eagle City code are satisfied; the performance standards for commercial enterprises, set forth in Section 8-3- 4, are met. 2. 3. 4. 4. The granting of a Conditional Use Permit will not violate Idaho Code nor nullify the interest or purpose of the Eagle City Code, or Eagle Comprehensive Plan with the conditions of approval of the Eagle City Council. Those conditions are as follows: 1. no structural alterations are made to the building; all vehicles be stored undercover, inside fences, no wrecked cars, or cars in repair, will be parked around, or behind the area; off street parking only, for employees; compliance with the standards set forth by ACHD (attached) ; . limit working hours from 8:00 a.m. to 6:00 p.m., Monday through Friday; meet all EPA requirements. 2. 3. 4. 5. 6. Based upon the foregoing facts/conditions the Eagle City Council concludes that the application for a Conditional Use Permit be granted. 5. 6. On June 26, 1990, The Eagle City Council, voted to approved with the conditions set forth above. ADOPTED by the Eagle City Council, City of Eagle, Idaho. This APPROVED: day of , 1990. ATTEST: BARBARA MONTGOMERY, EAGLE CITY CLERK MAYOR STEVE GUERBER