Findings - PZ - 1995 - CUP - Set A Temporary Mobie Homw/1275 E State St.
CITY OF EAGLE
IN THE MATTER OF
GALAN REID MERRILL
AN APPLICATION
FOR A
CONDITIONAL USE PERMIT
FINDINGS OF FACT
AND CONCLUSIONS
OF LAW
On September 11, 1995, 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, Galan Reid Merrill 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 1275 E. State
Street,Eagle, Idaho. The land use designation is C2.
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.
2.
RESPONSES RECEIVED FROM
ENTITIES:
Eagle Sewer District: 8/22/95: "The Merrill property is within
Eagle Sewer District I s Planning Area, and is annexed into our
service boundaries. There are no sewer lines in the immediate
vicinity to serve the mobile home. The nearest line is in the
north right-of-way of State Highway 44. To utilize this line, a
line bore under State Street would be necessary. This would be
cost prohibitive for a temporary situation.... Because of the
circumstances of this matter, perhaps a Condition Use Permit with
a yearly renewal would be appropriate. If Central District Health
allows the mobile home to utilize with an existing, or new septic
system, the matter should be reviewed on a yearly basis to monitor
for a possible change in the availability of central sewer
service."
Central District Health:
8/21/95: "No objection provided they are
for a possible
service."
change
in
the
availability
of
central
sewer
Central District Health: 8/21/95: "No objection provided they are
connected to Eagle Sewer."
9/11/95: ~The test hole and ground water data obtained on the
property west and south of 1275 E. State Street indicates that a
permit for a sad mound septic system can be issued by Central
District Health Department. At this time, no permit has been
issued pending the completion of ground water monitoring throughout
the irrigation season. Engineered plans and specifications for the
sand mound design must be submitted to the Central District Health
Department for approval before construction may begin"
2. On September 12, 1995, a public hearing was conducted by the
Eagle Planning and Zoning Commission. Public testimony was
received from:
Bonnie Jensen: in favor
Joe Cheney: in favor
Reed Merrill: in favor
Written testimony was received from Virginia Duncan, 1331 West
State Street, in favor of the CUP, but requesting a ~no parking"
sign in the driveway.
3. The location of the property is 1275 E. State street, Eagle,
Idaho.
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
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.
8-7-3-3 Public
following:
Sites
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
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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.
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
4
impact on those property owners in the area;
3. the application submitted by Galan Reid Merrill
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 with the following
conditions:
A "No Parking" sign will be posted in the driveway.
Planning and Zoning Commission of the City of
11 day of September, 199
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