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Findings - PZ - 1994 - Variance - Variance From 7.5' Side Setback To A 3' Set Back On One Side Of Lot CITY OF EAGLE IN THE MATTER OF ) DANIEL & PATRICIA) FRISON AN APPLICATION) FOR A VARIANCE) FINDINGS OF FACT AND CONCLUSIONS OF LAW On April 4, 1994, pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, Ernest Phillips, builder and representative for the applicants, Daniel & patricia Frison, came before the Eagle Planning and zoning Commission, for the City of Eagle, Idaho, requesting consideration for a variance from a 7 1/2 ft side set back to a 3 ft set back on one side of their lot. The basis of the request is the garage was built to the 3 ft side set back in error due to using the wrong property pin. Based on testimony from the applicant and all interested parties, together with all documentary evidence submitted concerning the application, the Eagle City 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 the appropriate public and private entities with responses to the proposal being received in the City Clerk's office from those entities. Those responses are as follows: EAGLE FIRE DEPT: 1. Install address numbers on every building, house or apartment, so as to be clearly visible from the street. Numbers shall be a minimum of 3.5011 high in accordance with Fire codes. The average spacing between hydrants shall not exceed that listed on table A-111-B-1-, 1991 UFC EAGLE SEWER DIST: does not impact any sewer line easements, no opposition. 2. On April 4, 1994 public hearing proceedings were conducted by the Eagle Planning and Zoning Commission and testimony was received. There was opposition from the adjoining property owner, Sherry Jackson. 3. The standards used in evaluating the application are in the following sections of the Eagle City Code. 8-7-4-2: VARIANCES A. Authority to Grant Variances: The Council may authorize, in specific cases, such variance from the terms of this Title as will not be contrary to the public interest where owing to special conditions, a literal enforcement of the provisions of this Title would result in unnecessary hardship. No nonconforming use of neighboring lands, structures or building s in the same district and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this Title would result in unnecessary hardship. B. Application and Standards for Variance: shall not be granted by council unless a written application is submitted to the administrator and Council containing: 1. name and address of applicant 2. legal description of property 3. description of variance needed 4. statement that (a) conditions exist which are peculiar to the land, (b) rights, commonly enjoyed, may be deprived, (c) special conditions do not results from the actions of applicant, (d) that granting a variance will not confer on the applicant any special privilege a variance shall not be granted unless the Council makes specific findings of the fact based directly on the particular evidence presented to it which support conclusions that the above mentioned standard and conditions have been met by the applicant. 8-7-4-3: Under no circumstances shall the Council grant an appeal or variance to allow a use not permissible under the terms of this Title in the district involved, or any use expressly or by implication prohibited by the terms of this Title in said district. In granting any appeal or variance, the Council may prescribe appropriate conditions and safeguards in conformity with this title. Violation of such conditions and safeguards when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this Title. CONCLUSION A. Variances deal only with bulk regulations - not uses. B. To be granted only upon showing of undue hardship because of characteristics of the site MUst not conflict with public interest. The variance is a mechanism which serves as a safety value to provide potential relief from impractical and purposeless application of building bulk and placement requirements. Variances do not involve land use; but require an applicant to make a showing of two particular aspects of the proposal. One fact is that the variance request must be the result of a unique site characteristic. Court decisions have generally determined that this unique site characteristic must be one which is natural, rather than man-made or induced by an owner. Configuration of lot boundaries, locations of existing buildings, etc. are seldom considered unique site characteristics. The applicant needs to show the unique site characteristic and 1. undo hardship because of the characteristic and 2. that there is harm to public interest because of the characteristic. The Commission concludes there is no justified reason for a Variance. Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF LAW, the Eagle Planning and Zoning Commission recommends to the Council the application submitted by Daniel and patricia Frison for a Variance be denied based on the foregoing conclusions, in particular the need for the variance was caused by human error rather than unique characteristics of this lot. ADOPTED by the Eagle Planning and Zoning Commission of the City of Eagle, Idaho. .,}.' This 18 day of THE FINDINGS OF FACT AND CONCLUSIONS OF LAW, and recommendation regarding the application submitted by Daniel and patricia Frison for a Variance adopted by the Eagle Planning and Zoning on April 18, 1994, are hereby adopted by the Eagle City Council: :;:;.:. :~ s;~~ ~a y of May ~~..p.~.'.~~.~;.~.~~.;¿j~~~:;i -) ( i..i.,.'..,!.."" 1/..... . =rt.,,'.:.;ê,<". ,'t".:':,....., ,~;' "'~ IL-O '=:,i,-, ',.' . ;,';" :~>i,.,:.:"!?,, ~,,{;: ,,"- -, " ;;',.: ,: -'----/J" ""- \......' ,~'_\. " ~<..J_i- '" ',', ' , ,.",-, MAYOR STEVE GUERBER ~ ';" ';'BA8BARAQ MONTGOMERY ,~;~~, --- ,~.>;'., t' W'. ".-, -,..,,» --'---,...-. .. "~.':_"..:-.::::-z~,;~~J.<-'+, ".~-, -.-- FL. -........,- -.-.1