Findings - PZ - 1993 - Variance in Kestral Cove Subd - Reduce Setbacks From Side 7.5' To 5' And Rear From 25' To 15' In Subd
CITY OF EAGLE
IN THE MATTER OF )
KESTRAL COVE SUBDIVISION)
AN APPLICATION FOR A )
VARIANCE
FINDINGS OF FACT
AND CONCLUSIONS OF
LAW
On July 19, 1993, pursuant to public notice and hearing procedures
set forth in Section 67-6509, Idaho State Code, and Section 8-7-4-2
City Code, the applicant Bill Narver for Mon-Tayne, Inc., came
before the Eagle Planning and Zoning Commission requesting approval
of Variances to reduce side setbacks from 7 1/2 ft to 5 ft and rear
setbacks from 25 ft. to 15 ft. in said subdivision.
Based on testimony from the applicant and all interested parties,
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 I 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, including Eagle Sewer District, Eagle Fire District,
Central District Health, and Ada County Highway District.
2.
The proposed location for the development is bordered to the
East by the Eagle Fire Station, West and South by an R5
district I to the N by C2 and R5 district.
3.
The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive
Plan:
8-7-4-2:
VARIANCES
A. Authority to Grant Variances: The Council may authorize, in
specific cases, such variances from the terms of this Title as will
not be contrary to the public interest where owing to special
conditions I a literal enforcement of the provisions of this Title
would result in unnecessary hardship. No nonconforming use of
neighboring lands, structures or buildings 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 I commonly enjoyed, may be deprived, (c)
special conditions do not result from the actions of
applicant I (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 I 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~; 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 I
rather than man-made or induced by an owner. Configuration of lot
boundaries I locations of existing buildings I 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.
Based upon the foregoing findings of facts the Eagle Planning and
Zoning Commission concludes that the application for request for a
Variance should be denied based on ECC 8-7-4-2.A, Authority to
Grant Variances. The application is premature as the subdivision
has not been approved and this request does not meet the necessary
requirements for the hardship provisions of the code.
ADOPTED by the Eagle Planning and Zoning Commission of the City of
Eagle, Idaho this -1- day of Auqust , 1993.
ATTEST:
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