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Findings - PZ - 1985 - No App Number - Cup Variance For Temporary Mobile Classroom Encroachment Into Rear Setback ) ) ) ) ) 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