Findings - PZ - 1984 - No App Number - Variance To Build A Garage 10 Feet Into The Rear Setback At 205 S 2Nd St
EAGLE PLANNING & ZONING
P.O. BOX 477 - EAGLE, IDAHO 83616 - PHONE 939-0431
JOSPEH FRANKS
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VARIANCE
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
In the Matter of
Applicant
FINDINGS OF FACT
1)
On October 25, 1984, Joesph Franks applied for a Variance
to Article VII of the City of Eagle Zoning Ordinance #40,
for property located at 205 South 2nd St., Eagle, Idaho.
2)
On December 4,1984, the Eagle Planning and Zoning Commis-
sion, 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)
The variance is warrented by the desire of the applicant to
build a garage ten feet into the rear yard setback and
enforcement of the rear yard setback would result in an
unnecessary hardship for the applicant.
4)
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 December 4, 1984 meeting, voted to
recommend that the Eagle City Council approve the variance. The re-
commendation of this approval is based upon the following:
CONCLUSIONS OF LAW
1)
The application of Joseph Franks of October 25, 1984,
complies with the requirements for a Variance as set
forth in Article XV of Ordinance #40 and Section I,
Article H of Ordinance #60 of the City of Eagle.
2)
Special conditions and circumstances exist which are
perculiar to the land and which is not applicable to
all of the other lands in the same district.
3)
Literal interpretation of the provisions of Article III
of Ordinance #40 would deprive the applicant of rights
commonly enjoyed by other properties in the same districto
4)
Special conditions and circumstances did not result from
the actions of the applicant; and
5)
The granting of the variance requested will not confer
on the applicant any special privilege that is denied
by the Zoning Ordinance to other lands in the same
district.
JOSEPH FRANKS
VARIANCE
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
PAGE 2
ADOPTED By the Planning and zonjng Commission of the Cit¥-
of Eagle, Idaho, this þá4-! ~ ¡tffJ day of 19B.A'.
APPROVED By the Chairman of the Planning and Zoning Comm~ssion
of the City of Eagle, Idaho, this o?;2~day of ~ 198~~
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APPROVED:
~ , CHAIRMAN
ATTEST:
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~ 7 D n u.;:t cl '" &. ¿'-"<3.-IL
IT CLERK
BONNIE KRASOWSKI