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Findings - PZ - 1991 - Variance - Variance From Setback To Enlarge Garage ) CITY OF EAGLE IN THE MATTER OF STEVE MARTINI AN APPLICATION FOR A VARIANCE ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW On September 16, 1991, pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, Steve Martin, the applicant, came before the Eagle Planning and Zoning Commission, for the City of Eagle, Idaho, requesting consideration for a variance from a 7 1/5 side set back to 2 foot set back in order to enlarge a garage already existing 2 feet from the property line. Based on testimony from the applicant and all interested parties, together with all documentary evidence submitted concerning 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 from those entities; 2. On September 16, 1991 public hearing proceedings were conducted by the Eagle Planning and Zoning Commission and testimony was received in favor of the proposal; Eagle Fire Dept: UNIFORM FIRE CODE DOES NOT COVER SET BACKS, OTHER THAN TABLE NO 5-A, APPENDIX VI-D-FIRE RESISTANCE OF EXTERIOR WALLS-I HR. LESS THAN 3 FT. Eagle Sewer Dist.: DISTRICT PREFERS TO MAINTAIN A MINIMUM MAINTENANCE EASEMENT OF 15 FT, 7112 ON EACH SIDE OF THE SEWER LINE. THE DISTRICT REQUESTS THAN A MINIMUM SETBACK OF AT LEAST FIVE FEET BE REQUIRED IN THE ALLEY. Building Inspector: UNIFORM BUILDING CODE REQUIRES A FIRE WALL, AND DOES NOT PERMIT ANY OPENINGS (WINDOWS, DOORS) IF A BUILDING IS LESS THAN 3 FEET FROM THE PROPERTY LINE. THIS BUILDING WOULD BE BUILT 2 FEET FROM THE PROPERTY LINE, AND THEREFORE WOULD HAVE TO MEET THIS CODE. 3. The standards used in evaluating the application are in the following sections of the Eagle City Code. 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 results 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 above mentioned standard and conditions have been met by the applicant. 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 byu 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 rezone and variance will not violate the Idaho Code nor nullify the interest or purpose of the Eagle City Code, or Eagle Comprehensive Plan. 5. 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 with the condition that there is no encroachment to less than 7 1/2 ft. on the alley side and meet all building and variance requirements. ADOPTED by the Eagle Planning and Zoning Commission of the City of Eagle, Idaho. This 7 day of October , 1991. APPROVED: ATTEST: 5\ THOMAS EASON \ CHAI RMAN tj\ BARBARA MONTGOMERY CITY CLERK FINDINGS OF FACTS AND CONCLUSIONS OF LAW STEVE MARTIN VARIANCE EAGLE CITY COUNCIL THE FINDINGS OF FACT AND CONCLUSIONS OF LAW and recommendation regarding the Variance application submitted by Steve Martin adopted by the Eagle Planning and zoning Commission on October 7, 1991 are hereby adopted by the Eagle City Council. THIS 22 day of October, 1991. Aq: QJl MAYOR STEVE GUERBER : ~ :\,~~% ",;,~;/f ."'ll~",..i""'.