Findings - PZ - 1991 - Variance - Variance From Setback To Enlarge Garage
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CITY OF EAGLE
IN THE MATTER OF
STEVE MARTINI
AN APPLICATION
FOR A VARIANCE
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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
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