Findings - PZ - 1996 - CUP - Set A Temp Mobile Home On Single Lot/Pending/During Construction Of Home
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ORIGINAL
CITY OF EAGLE
IN THE MATTER OF
BARRY PETERS
AN APPLICATION
FOR A
CONDITIONAL USE
FINDINGS OF FACT
AND CONCLUSIONS
OF LAW
PERMIT
On May 6, 1996, pursuant to public notice and hearing procedures
set forth in Section 67-6509, Idaho State Code, and Section 8-7-3-
2, Eagle City Code, Barry Peters the applicant, came before the
Eagle Planning and Zoning Commission for the City of Eagle, Idaho,
requesting approval of a conditional use permit to set a temporary
mobile home on a single family lot as a residence pending and
during construction of a permanent home. The location of the
property is South side of Mace Road, approximately 1 mile west of
Eagle Road, Eagle, Idaho. The zoning designation is AR.
Based on the application, testimony from the applicant and all
interested parties and, together with all documentary evidence
submitted concerning the application, the Eagle 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
relevant public entities, including Central District Health,
Eagle Sewer District, Eagle Water Co., Eagle Fire Dept., Idaho
Power, and Ada Highway District.
2.
RESPONSES RECEIVED FROM
ENTITIES:
Central District Health: 4/22/96; ~A sewage permit must be obtained
from Central District Health prior to construction or placement of
mobile home."
Eagle Fire Protection District: 4/24/96; ~We have no opposition to
this application and support its approval."
3.
On May 6, 1996, a public hearing was conducted by the
Eagle Planning and Zoning Commission.
was received.
No oral or written testimony
4. The location of the property is, South side of Mace Road,
approximately 1 mile west of Eagle Road, Eagle, Idaho.
5. The standards used in evaluating the application are in the
following sections of the Eagle City Code:
EAGLE CITY CODE:
8-7-3-2: GENERAL STANDARDS FOR CONDITIONAL USES: The
Commission/Council shall review the particular facts and
circumstances of each proposed conditional use in terms of the
following standards and shall find adequate evidence showing
that such use at the proposed location:
A. Will, in fact, constitute a conditional use as established in
Section 8-2-3 of this Title for the zoning district involved;
B. Will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan
and/or this Title;
C. Will be designed constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or
intended character of the general vicinity and that such use will
not change the essential character of the same area;
D. Will not be hazardous or disturbing to existent or future
neighboring uses;
E. Will be served adequately by essential public facilities and
services such as highways, streets, police and fire protection,
drainage structures, refuse disposal, water and sewer an schools;
or that the persons or agencies responsible for the establishment
of the proposed use shall be able to provide adequately any such
services;
F. will not create excessive additional requirements at public cost
for public facilities and services and will not b detrimental to
the economic welfare of the community;
G. Will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to
any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke fumes, glare or odors;
H. Will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on
surrounding public thoroughfares; and
J. Will not result in the destruction, loss or damage of a natural,
scenic or historic feature of major importance.
8-7-3-3 Public
following:
Sites
and open
spaces:
shall
conform to
the
"
A. Public Uses
B. Natural Features
C. Special Developments
8-7-3-4: Supplementary conditions and safeguards: In granting and
CUP the Council may prescribe appropriate conditions, bonds and
safeguards in conformity with this Title. Violations of such
conditions, bonds or safeguards, when made a part of the terms
under which the CUP is granted, shall be deemed a violation of this
Title.
8-7-3-5: CONDITIONAL USE PERMITS
8-7-3-5-C-2:
Upon granting or denying a CUP specify:
a. the ordinance and standards used in evaluating
the application;
b. the reasons for approval or denial; and
c. the actions, if any, that the applicant could
take to obtain a permit.
8-7-3-5-D: Conditions of permit: Upon granting of a CUP conditions
may be attached to said permit including, but not limited to,
those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on site or off site public
facilities or service; and
7. Requiring more restrictive standards than those generally
required in this Title
8-7-3-5-E: TRANSFER OF PERMIT: A CUP is not transferrable from one
parcel to another. (D) A CUP shall not be considered as
establishing a binding precedent to grant other CUP.
CONCLUSIONS OF LAW
1. granting of a Conditional Use Permit for the purpose of
establishing a mobile home on the applicant's property will
not violate the Idaho State Codes, Eagle City Codes or Eagle
Comprehensive Plan.
2. the approval of the application will have no adverse
impact on those property owners in the area;
3. the application submitted by Barry Peters for a Conditional
Use Permit serves the welfare of the general public and is in
the best interest of the public.
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RECOMMENDATION
Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF
LAW, the Eagle Planning and Zoning Commission recommends to
the Council the application be approved with the following
conditions:
1.
Approval be granted for a period of two years with annual
renewal thereafter up to 5 years.
All alterations to the ditch be carried out with the
authorization of the ditch Co, Mace Catlin Irrigation
Ditch, and the applicant is to bear all expenses in the
undertaking of alterations to the irrigation system
2.
Commission of the City of
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