Findings - PZ - 1993 - CUP - Set A Mobile Home On Lot Where Dwelling Already Exists/2128 Dynyon St/R5
CITY OF EAGLE
IN THE MATTER OF
IRA AND DORIS POTTENGER
AN APPLICATION
FOR A
CONDITIONAL USE PERMIT
FINDINGS OF FACT
AND CONCLUSIONS
OF LAW
On December 6, 1993, 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, Doris Pottenger 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 mobile home on a single family lot where a dwelling already
exists. The location of the property is 2128 Dunyon Street, Eagle,
Idaho. The land use designation is R5 (residential).
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: Will require more data concerning soil
conditions for sewage disposal NOTE: (this property will be served
by Eagle Sewer Dist)
EAGLE SEWER DTST: Is within the Districts planning area. Thpre is
a sewer line in the N right of way of Dunyon St. A permit must be
purchased.
2. On December 6, 1993, 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 in Randall Acres Subdivision on
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E. State, Eagle, Idaho.
4. The project adequately addresses the problems regarding road
impacts, sewer and water. The project is conditioned on obtaining
approval for water by Central District Health and sewer by Eagle
Sewer District.
5.
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.
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8-7-3-3 Public
following:
Si tes 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 establishing a binding
precedent to grant other CUP.
OUTLINE OF CONDITIONS THAT MAY BE ATTACHED TO SPECIAL USE PERMTT
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.
D. May require that studies be conducted
E. Transferable from owner but not from parcel.
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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 trans ferable 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 Ira and Doris Pottenger
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.
that the mobile home will remain only as long as it is needed
by the family member addressed in the application.
ADOPTED by the Eagle Planning and Zoning Commission of the City of
Eagle, Idaho this ~ day of December, 1993.
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PLANN I NG AND
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