Findings - PZ - 1984 - No App Number - Variance To Drill Domestic Well / Central Water Not Available
EAGLE PLANNING & ZONING
P,O. BOX 477 - EAGLE, IDAHO 83616 - PHONE 939-6813
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Carpenter)
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In the Matter of
VARIANCE
Mr. & Mrs. Robert
Applicant
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
FINDINGS OF FACT
1)
On October 12, 1984, Robert and Maxine Carpenter applied
for a Variance to Article III, Section Bo, Item 2 of the
City of Eagle Zoning Ordinance #40, for property located
at 240 North Eagle Road, Eagle, Idaho.
2)
On November 6,1984, the Eagle Planning and Zoning Commis-
ion, following the notice and hearing procedures required
in Section 67-6509, Idaho Code, voted to recommend to the
Eagle City Council that the Variance be approved.
3)
That the Variance is warranted by the desire of the appli-
cant to drill a well for domestic water for a new home and
central water is not available in the area.
4)
Oral testimony was received in favor of the variance and
there was no oral or written testimony in opposition of
the variance.
Based upon the foregoing Findings of Fact the Eagle Planning
and Zoning Commission, at it's November 6,1984 meeting, voted to
recommend that the Eagle City Council approve the variance. The
recommendation of this approval is based upon the following:
ATTEST:
CONCLUSIONS OF LAW
1)
The application of Robert & Maxine Carpenter of October
12, 1984, complies with the requirements for a Variance
as set forth in Article XV of Ordinance #40 of the City
of Eagle.
2)
Literal interpretation of the provisions of Article III,
Section B., Item 2, of the City of Eagle Zoning Ordinance
#40, would deprive the applicant of rights commonly en-
joyed by other properties in the same district.
3)
Special conditions and circumstances did not result from
the actions of the applicant.
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Bonnie Krasowski, City Clerk