Findings - PZ - 1989 - Variances - Reduce Setbacks To County Requirements
CITY OF EAGLE
In the Matter of:
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FINDINGS OF FACTS
& CONCLUSIONS OF
LAW
EAGLE RIM SUBDIVISION
Variances
On July 17, 1989, pursuant to public notice and hearing
procedures set forth in Section 67-6509 of the Idaho Code, this
matter came before the Eagle Planning and Zoning, City of Eagle,
Idaho, a hearing upon the request of Walt Wanner, owner of the
development, for variances on lots 8,9,10,15 and 24 of said
subdivision to reduce the set backs to county requirements, 20'
front, 15' rear and 5' side.
Engineer for the project, Jim Howard indicated it is impossible
to build on the 5 lots without redesigning the entire plat unless
the requested variance is granted. This hardship was created by
requirements of ACHD for the road providing access to the
development.
Based on testimony from the applicant and interested parties
together with all documentary evidence submitted concerning the
application, the Eagle Planning and Zoning 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 proposed variances was sent to the
appropriate public and private entities with responses not
objecting to the variances being received from those entities;
2. On July 17, 1989 public hearing proceedings were conducted
with Eagle Planning and zoning Commission. Testimony was
presented as stated above. No contrary or opposing testimony was
given.
3. Based upon said testimony Planning and Zoning concludes that
building on said lots is impossible under Eagle's set back
requirements unless the entire subdivision plat is redesigned.
4. The aforesaid special conditions affecting the property make
it unreasonable to deny the requested variances.
5. Strict compliance with the requirements of this Title will
result in hardship in that it will be impossible to build homes
on said lots after ACHD roadway requirements are met.
6. Granting the requested variances will not be detrimental to
the public or injurious to other property.
7. The variances will not violate the Idaho Code, nor nullify
the interest and purpose of Title 8 and 9 of the Eagle City Code
or the Eagle Comprehensive Plan.
Based upon the foregoing Findings of Facts and Conclusions of
Law the Commission recommends to the Eagle City Council that the
variances on lots 8, 9, 10, 15, and 24 of the Eagle Rim
Subdivision reducing said set back requirements be granted.
's ~ day of August, 1989.
Approved:
Chairman Daryl Watson
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