Findings - PZ - 1992 - Variance - Variance From 25' Rear Setback To 20' For 5-Lots
CITY OF EAGLE
IN TIIB MATTER OF
MAX BOESIGER, INC.
AN APPLICATION
FOR A VARIAHCE
)
)
)
)
FIHDINGS OF FACT
AHD CONCLUSIONS OF
LAW
On June 15, 1992, pursuant to public notice and hearing procedures
set forth in Section 67-6509, Idaho State Code, Max Boesiger, Inc.,
the applicant, came before the Eagle Planning and Zoning
Commission, for the City of Eagle, Idaho, requesting for a variance
from 25 ft. rear set back to 20 ft. set back for 5 lots.
Based on testimony from the applicant and all interested parties,
together with all documentary evidence submitted concerning the
application, the Eagle City Planning and Zoning Commission finds
the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW:
1.
The records in this matter indicate all notices,
publications have occurred as required by law. the
records further reflect notice of the public hearing was
sent to the appropriate public and private entities with
responses to the proposal being received in the City
Clerk's office from those entities;
and
2.
On June 15, 1992 public hearing proceedings were conducted
by the Eagle Planning and Zoning Commission and testimony was
received in favor of the proposal; there was no opposition.
3.
The standards used in evaluating the application are in the
following sections of the Eagle City Code.
8-7-4-2:
VARIANCES
A. THE COUNCIL HAS THE POWER TO GRANT VARIANCES
B. APPLICATION AND STANDARDS FOR VARIANCE: shall not be granted
by council unless a written application is submitted to the
administrator and Council containing:
1. name and address of applicant
2. legal description of property
3. description of variance needed
4. statement that (a) conditions exist which are peculiar to
the land, (b) rights, commonly enjoyed, may be deprived, (c)
special conditions do not result from the actions of
applicant, (d) that granting a variance will not confer on
the applicant any special privilege
a variance shall not be granted unless the Council makes specific
findings of the fact based directly on the particular evidence
presented to it which support conclusions that the above mentioned
standard and conditions have been met by the applicant.
8-7-4-3: Under no circumstances shall the Council grant an appeal
or variance to allow a use not permissible under the terms of this
Title in the district involved, or any use expressly or by
implication prohibited by the terms of this Title in said district.
In granting any appeal or variance, the Council may prescribe
appropriate conditions and safeguards in conformity with this
title. Violation of such conditions and safeguards when made a
part of the terms under which the appeal or variance is granted,
shall be deemed a violation of this title.
4.
The granting of a variance will not violate the Idaho Code
nor nullify the interest or purpose of the Eagle City Code,
or Eagle Comprehensive Plan.
5.
Based upon the foregoing findings of facts the Eagle Planning
and Zoning Commission concludes that the recommendation to
Council should be that the application be granted for the
Variance from 25 ft. rear set back requirement to 20 ft.
lot set back for 5 lots.
Zoning Commisison of the City of
<""~'" ..".' ~:,~:'~'" "
./:"",: ,
:,'- ",-'
\
"',
~
~
~
'"
~, ¡
",': ,'0
, " " ,~..~..
",-,¡"<~,;.. ~">;,,...,.
ADOPTED by the Eagle Planning and
Eagle, Idaho.
This
~
day of July
APPROVED:
~J(,~
LLOYD ERBER
CHAIRMAN