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Findings - PZ - 1994 - CUP - To Set Mobile Home/1403 Mace Road/Zone Is A CITY OF EAGLE IN THE MATTER OF DONALD E. KNICKREHM AN APPLICATION FOR A CONDITIONAL USE PERMIT FINDINGS OF FACT AND CONCLUSIONS OF LAW On June 20, 1994, 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, Donald E. Knickrehm 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 where a dwelling already exists. The location of the property is 1403 Mace Road Eagle, Idaho. The land use designation is A (agricultural). 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. RESPONSES RECEIVED FROM ENTITIES: CENTRAL DISTRICT HEALTH: Have no objections provided applicant complies with sewage permit issued 3/14/94. EAGLE SEWER DIST: There are no sewer lines in the area to service the property. There is a high water table, this property may be unsuitable for an in ground septic tank and field drain. That decision is through CDH. 2. On June 20, 1994, a public hearing was conducted by the Eagle Planning and Zoning Commission. There was no public testimony in favor or in opposition to the applicant's request for a Conditional Use permit. 3. The location of the property is 1403 Mace Road, Eagle, Iaho. 4. The standards used in evaluating the application are in the following sections of the Eagle City Code: EAGLE CITY CODE: 8-3-2.E: allows mobile homes occupied by a family member to be located on a single family dwelling lot. This section of the code was initiated to aid in cases of family hardship. 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 and 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 be 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. 2 8-7-3-3 Public Sites following: 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 an 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. (F) A CUP shall not be considered as precedent to grant other CUP. establishing a binding OUTLINE OF CONDITIONS THAT MAY BE ATTACHED TO SPECIAL USE PERMIT A. Uses allowable with conditions and subject to ability of political subdivisions to provide services. B. Notice procedures apply (ISC 67-6509) C. Can be tied to ability of political subdivisions to provide services. Sequence, timing, duration, maintenance; can require site-specific conditions. 3 D. May require that studies be conducted E. Transferable from owner but not from parcel. PRACTICAL POINTERS The special use permit procedure allows a zoning ordinance to address uses which are conditionally acceptable in the midst of a land use zone. The special use procedure allows the application of special conditions to development of uses which would allow them to integrate suitably with their surroundings by including the conditions which are susceptible to special use approval, a permit applicant is put on notice of what design features should be considered and might be applied as conditions. Some of those considerations might be restrictions on lighting, landscaping requirements, limits on building height or placement, design considerations. It may be appropriate to require applicants for a special use permit to conduct special studies and to provide additional analysis beyond that normally required of a permit applicant before a permit can be favorably considered. Special use permits do not create binding precedent are very site specific in that certain uses can be integrated suitably into certain sites better than others. Accordingly, special use permits are not transferable from one site to another, but do continue from one owner to another. Special use permits can be implemented to time certain, or within a certain time frame. 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 Donald E. Knickrehm for a Conditional Use Permit serves the welfare of the general public and is in the best interest of the public. 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 based on the following: 1. must comply with ECC 7-3-9: No permanent addition of any kind shall be built on to, or become a part of, any trailer coach. Skirt of coaches is permissible but such skirting shall not 4 permanently attach the coach to the ground, harborage for rodents or create a fire hazard. provide a 2. must comply with ECC 7-3-10: The wheels of trailer coaches shall not be removed, except temporarily when necessary for repairs, jacks or stabilizers may be used under the trailer coach to prevent movement on springs when the coach is parked and occupied, 3. use of the mobile home will be monitored from year to year 4. will never be used for rental purposes ADOPTED by the Eagle Planning and Zoning Comm¡s~ion of the City of Eagle, Idaho this JJL day of July, 1994. 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