Findings - PZ - 1991 - CUP for mobile home on lot in R5 - Temporary Use For Aging Parent
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 October 21, 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
Planning and Zoning 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 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. 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 October 21, 1991, a public hearing was conducted by the
Eagle Planning and Zoning Commission. There was no
testimony in opposition.
A letter as received in City Hall from M.R. Mohr in
opposition.
The standards used in evaluating the application are in the
following sections of the Eagle City Code:
8-7-3-5 CONDITIONAL USE PERMIT
Eagle Comprehensive Plan
The application submitted by Minnie Blanche Smith for a
Conditional Use Permit does not serve the welfare of the general
public and is not in the best public interest.
The granting of the application may violate the Idaho Code and
nullifies the interests and purposes of the Eagle City Code and
Eagle Comprehensive Plan.
RECOMMENDATION
Based upon the foregoing FINDINGS OF FACTS, the Eagle
Planning and Zoning Commission recommends to the Council the
application be denied based on violations of the
aforementioned sections of Eagle City Code and Eagle
Comprehensive Plan.
ADOPTED by the Eagle Planning and Zoning Commission of the City
of Eagle, Idaho this 4 day of November, 1991.
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APPROVED:
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