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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 3 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 5