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Findings - PZ - 1993 - RZ - Rezone From R16 To R21 CITY OP BAGLB ) ) ) 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 ,