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Findings - PZ - 1996 - CUP - Set A Temp Mobile Home On Single Lot/Pending/During Construction Of Home r 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. 3 í- 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 4