Findings - PZ - 1985 - No App Number - Cup Variance For Temporary Mobile Classroom Encroachment Into Rear Setback
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CONDITIONAL USE PERMIT/
VARIANCE
IN THE MATTER OF
EAGLE UNITED METHODIST CHURCH
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
Applicant
FINDINGS OF FACT
1)
On July 10, 1985 the Eagle United Methodist Church of Eagle
applied for a Conditional Use Permit/Variance to have a
mobile classroom and to set that classroom twenty-three (23)
feet into the rear yard setback. A Conditional Use Permit
would be required for the temporary mobile classroom and
a variance would be required for encroachment into the
rear yard setback.
2)
On August 6,1985, the Eagle Planning and Zoning Commission,
following the notice and hearing procedures required in
Section 67-6509, Idaho Code, voted to recommend to the Eagle
City Council that a Conditional Use Permit/Variance be
approved for a period of three (3) years upon occupancy of
the mobile classroom.
CONCLUSIONS OF LAW
1)
The application of the Eagle United Methodist Church of
Eagle complies with the requirement for a Conditional Use
Permit as set forth in Article XI, Section C of Ordinance #40.
2)
The application of the Eagle United Methodist Church of
Eagle complies with the requirements for a Variance as
set forth in Article XV of Ordinance #40:
a.
That special conditions and circumstances exist which
are perculiar to the land, structure or building in-
volved and which are not applicable to other lands,
structures or buildings in the same district;
b.
That a literal interpretation of the provisions of the Zoning
Ordinance would deprive the applicant of rights commonly
enjoyed by other properties in the same district under
the terms of the Zoning Ordinance;
c.
That special conditions and circumstances do not result
from the actions of the applicant; and
d.
That granting the variance requested will not confer on
the applicant any special privilege that is denied by
the Zoning Ordinance to other lands, structures or build-
ings in the same district.
ADOPTED By the Planniqg and Zoning Commission of the City of
Eagle, Idaho, this 3-1d/ day of ~~ 198~-r-
APPROVED By the Chairman of the Planning and Zoning Commiss~on
of the City of Eagle, Idaho, this 3~ day of¥ . 198~.ù
~AIRMAN
6-~~'
CITY CLERK