Findings - PZ - 1984 - No App Number - Development Permit To Build New Home In Flood Plain At 135 Floating Feather
EAGLE PLANNING & ZONING
P,O. BOX 477 - EAGLE, IDAHO 83616 - PHONE 939-6813
Helen and Harry
)
)
Fisher)
)
)
Flood Plain Application
In the Matter of
Applicants
FINDINGS OF FACT
1) On May 25, 1984, Harry and Helen Fisher, 135 Floating Feather
Road, Eagle, the applicants herein, applied for a development permit
pursuant to the provisions of Ordinance #83 of the City of Eagle, Idaho.
Mro & Mrs. Fisher applied for a development permit to build a new home
on their property which lies within the flood plain as designated by
various agencies of the United States Government and therefore they
must comply with the provisions of the Eagle Flood Plain Ordinance 0
2) In their application, the Fisher's answered each of those
items required by Section 2, Chapter 4 of the Flood Plain Ordinance.
Those required items include plans drawn to scale showing the nature,
location, dimensions and elevations of the area in question: existing
and proposed structures, elevation in relation to sea level of the
construction pad; certification by a registered professional engineer
of the elevation of 2,583.43 feet,* (Mean Sea Level) of the banch mark
of the building pad. *above
3) On August 7, 1984, the Eagle Planning and Zoning Commission,
following the notice and hearing procedures provided in Section 67-6509,
Idaho Code, held a public hearing and received public testimony from
Mro Fisher, the applicant. There was no other public testimony for
or against the application. Mr. Fisher was unable to answer several
questions that the Commission had and their motion on the application
was to hold any decision on the matter until Mr. Fisher could be present
at a Zoning meeting with his engineer.
4) On September 4, 1984, Mr. Fisher, along with his Engineer,
Mro J. J. Howard, appeared before the Planning and Zoning Commission
and answered the questions contained in Chapter 4, Section 6, of the
Flood Plain Ordinance #82, to the Satisfaction of the Commission members 0
The Commission makes the following findings:
a) If flooding were to occur, there would be no danger that
materials may be swept onto other lands to the injury of others.
b) There would be no danger to life and property due to flooding
or erosion damage because of the proposed construction 0
c) The susceptibility of the proposed home and its contents to
flood damage and the effect of such damage on the individual owner
would be nil.
(1)
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
PAGE 2
Harry and Helen Fisher
Flood Plain Development Permit
d) There is not a alternative location for the proposed home
that is not subject to flooding or erosion damage.
e) There would be safety of access to the property in time of
flood for ordinary and emergency vehicles.
f) The costs of providing governmental services during and after
flood conditions would be nil as the utilities would not be provided
by the City.
Based upon the foregoing Findings of Facts, the Eagle Planning
and Zoning Commission at its September 4, 1984 meeting, voted to
recommend to the council for approval of a development permit with
the condition that the building have the lowest floor (including base-
ment) at an elevatio~=~E=~~æÆ=~ã=~F. The recommendation
for approval of this application was based upon the following:
*at an elevation no less than 2,584.43 feet above mean sea level
CONCLUSIONS OF LAW
1) The application of Mr. and Mrs. Harry Fisher for a development
permit dated May 25, 1984, complies with the requirements for the filing
of such an application as set forth in Section 2, Chapter 4 of Ordinance
Number 82.
2) The standards used by the Eagle Planning and Zoning Commission
for its review of the application of Mr. and Mrs. Harry Fisher for
a Flood Plain Development Permit are those standards contained in
Section 6, Chapter 4 of the Ordinance No. 82 and as more specifically
contained in the above Findings of Fact as adopted by the Eagle Planning
and Zoning Commission.
3) The application by Mro and Mrs. Harry Fisher for a Flood Plain
Development permit fulfills the statement of purpose contained in
Section 2, Chapter 1 of the Flood Plain Ordinance as such the Eagle
Planning and Zoning Commission recommends that the City Council approve
this application with the condition that the building have the lowest
floor (including basement) at an elevation one foot above mean sea
level 0
~'
I , ,
J?1H7
:7!.IM HI L .
EAGLE PLANNING AND ZONING CHAIRMAN
Att7-:-J:. "
, c:)w." Ie< ~D<-" ^>Þ ~
Bonnle Kras ski, City Clerk