Findings - PZ - 1993 - RZ - Rezone From R16 To R21
CITY OP BAGLB
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III TBB JlATTBR OF
FIRST SERVICE GROUP
AN APPLICATIOII
FOR A RBIOD
FINDIlIGS OF FACT
AIm COIICLUSIORS OF
LAW
On February 22, 1993, pursuant to public notice and hearing
procedures set forth in Section 67-6509, Idaho State Code, John
Browning, the applicant, carne before the Eagle Planning and Zoning
Commission for the City of Eagle, Idaho, requesting consideration
for a rezone from R16 to R21.
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:
1.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
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, Meridian School District, Eagle Water
Co., Eagle Fire Dept., Idaho Power, and Ada County
Development. Responses from those entities were favorable.
2.
The records reflect granting of a rezoning from R5 to RIG and
a variance granted, under the file name of Lyle Pope on
December 11, 1990. The rezone and variance request was, in
part, Lot 5 of Schmelzer Subdivision. The variances granted
were: set back variances from 25 foot set backs to 10 foot set
backs in the rear on the East side of the property, and from
20 foot set backs to 7 1/2 on the East and West of the long
lot.
3.
On February 22, 1993 a public hearing was conducted by the
Eagle Planning and Zoning Commission. There was no public
testimony.
4.
The development is bordered to the north by Eagle Food Town
market, the South by a Triplex zoned Rl6, to the East by a
Four plex also zoned R16 and to the West by R5 (single family
dwellings) .
5.
The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive
Plan:
ZONING DISTRICTS
8-2-1: Districts established
R Residential Districts: to provide regulations and
districts for various residential neighborhoods. Density
in an R District shall be determined according to the
numeral following the R. The number designates the
maximum number of dwelling units per acre. Centralized
water and sewer facilities are required in all district
exceeding one dwelling unit per acre.
8-2-3: Schedule of District use Regulations: district regulations
shall be as set forth in the Official Schedule of District
Regulations and in the performance standards.
8-7-2:
Zoning Permits and certificates of occupancy
A. Zoning Permit
1. Application
2. Plan
3. Approval
4. Expiration of permit
5. Occupancy
EAGLE COMPREHENSIVE
PLAN
LAND USE: Residential uses- l. The residential densities in the
City limits shall not exceed twenty five (25) units per acre.
7 .
The granting of a rezone and variance will not violate the
Idaho Code nor nullify the interest or purpose of the Eagle
City Code, or Eagle Comprehensive Plan.
Based upon the foregoing findings of facts the Eagle Planning
and Zoning Commission recommends that the application be
granted subject to the requirements of the variances
previously obtained in the Lyle Pope application of 12/11/90.
6.
ADOPTED by the Eagle Planning and zoni:p.9';éöìMfi's1Üon of the City of
Eagle, Idaho. ,.'~.:'" .
This
March
,.
1
day of
,