Findings - CC - 1991 - Conditional Use Permit to place Mobile - Cup For Aid A Elderly Parent, Place Mobile Home
CITY OF EAGLE
IN THE MATTER OF
MINNIE BLANCHE SMITH
AN APPLICATION FOR A
CONDITIONAL USE PERMIT
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FINDINGS OF FACT
AND CONCLUSIONS OF
LAW
On November 12, 1991, pursuant to public notice and hearing
procedures set forth in Section 67-6509, Idaho State Code, and
Section 8-7-3-5, Eagle City Code, Von Smith, representative of
the applicant, Minnie Blanch Smith, came before the Eagle City
Council for the City of Eagle, Idaho, requesting approval of a
conditional use permit to set a mobile home on a single family
dwelling lot in an R5 District for temporary use, due to the need
to care for an ageing parent.
Based on the application, testimony from the applicant and all
interested parties and, together with all documentary evidence
submitted concerning the application, the Eagle City Council
finds the following:
1.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
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
relevant public entities, including Central District
Health, Eagle Sewer District, Eagle Water Co., Eagle Fire
Dept., Idaho Power, and Ada Highway District. The City was
advised by said entities that there was no objection to the
applicant's request for a special use permit with
conditions.
2.
On November 12, 1991, a public hearing was conducted by the
Eagle City Council. There was no public testimony in
opposition; however, a letter as received in City Hall from
M.R. Mohr in opposition.
The location of the property is 64 North First St., Eagle,
Idaho.
3.
4.
The standards used in evaluating the application are in the
following sections of the Eagle City Code:
8-7-3-5 Conditional use permit
and
Eagle Comprehensive Plan
5.
The recommendation of the Eagle Planning and Zoning
Commission on October 21, 1991 was to deny the CUP as the
CUP was not meet the land use intent.
Based upon the foregoing FINDINGS OF FACTS, the Eagle City
Council concludes the following:
1.
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3.
4.
5.
6.
granting of a Conditional Use Permit for the purpose
of aiding a elderly parent by placing a mobile home on
single family dwelling lot will not violate the Idaho
State Codes, Eagle City Codes or Eagle Comprehensive
Plan;
the condition of approval is of a temporary nature,
and is to be removed when the requested use is no
longer needed;
the approval of the application will have no adverse
impact on those property owners in the area;
the condition that the area is to be maintained at all
times;
the application submitted by Minnie blanch Smith
for a Conditional Use Permit serves the welfare of
the general public and is in the best interest of the
publici
the proposal is in compliance with Ordinance #192, to
allow mobile homes occupied by a family member to be
located upon a lot upon which a single family dwelling
is located.
On November 12, 1991 the Eagle City Council voted to approve the
application as presented.
ADOPTED by the Eagle City CounciJ...,--o.
th~ : day 0 £ November 2 6 ,1'9 91
MAYOR STEVE GUERBER
Idaho
~~CLERK
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