Minutes - 1992 - Planning & Zoning - 10/19/1992 - Regular
EAGLE PLANNING AND ZONING MEETING
MINUTES
October 19, 1992
The Eagle Planning and Zoning Commission met in regular session on
October 19, 1992. Chairman GERBER presiding.
The following members were present: LLOYD GERBER, PAULINE HINMAN,
BERT BRADLEY, KEN SMITH, DONALD BRINTON.
Moved by SMITH and seconded by HINMAN to approve the minutes of the
October 5, 1992 meeting as presented. ALL AYE: MOTION CARRIED.
KEN SMITH addressed the recent loss of LOGAN BENNETT a member of
the Commission for 3 1/2 years. He gave his personal appreciation
of Mr. Bennett as a very credible and likeable person to have been
associated with during the time of service with Planning and
Zoning. Mr. Smith wanted to give testimony so that it becomes a
permanent record. He will be missed.
UNFINISHED BUSINESS:
FINDINGS OF FACTS AND CONCLUSIONS OF LAW/DOWDING-CUP: Moved by
HINMAN and seconded by BRINTON to approve the findings as
presented. ALL AYE: MOTION CARRIED.
A DISCLOSURE was given by BRADLEY, who announced he will be
abstaining from the issues regarding Lexington Hills Subdivision as
he is a board member and partner in the subdivision. Mr. Bradley
said he will not vote but would like to remain in order to answer
any questions or clarify any concerns.
PUBLIC HEARING/Sinclair-Variance:
Chairman GERBER announced that this was the time and place set for
a public hearing on Sinclair-Variance application.
Max Miller, representative of the Sinclairs' told the Commissioners
that it was not the intent to encroach on the set backs, but by a
series of events the footing and foundation was set in a different
location than intended. They were not aware of a problem until
placement of a sprinkler system. He gave the Commissioners his
apologies.
Applicant:
Location:
Proposal:
David and Katie Sinclair
Lexington Hills Subdivision
variance
Public Testimony: no opposition. An inquiry was made by Chuck
Bower as to the responsibility of the building inspector with set
backs.
Public hearing closed at 8:05 p.m.
Moved by SMITH and seconded by BRINTON to recommend approval of the
variance as requested, with a warning that appropriate caution
should be taken by builders and Lexington Hills developers to have
check and balance system in order for this not to happen again.
AYE: HINMAN, SMITH, BRINTON. ABSTAIN: BRADLEY. MOTION CARRIED.
Chairman GERBER announced that this was the time and place set for
a public hearing on Lexington Hills Phase II-Variances
Applicant: Floating Feather Hills Inc.
Location: Lexington Hills Subdivision C,D and E sections
Proposal: VARIANCE APPLICATION, Phase 2, specifically the
following lots:
1. LOTS 20-25 BLOCK 5, PHASE 2
2. LOTS 27-30 BLOCK 5, PHASE 2
3. LOTS 32-37 BLOCK 5, PHASE 2
4. LOTS 1-8 BLOCK 15, PHASE 2
5. LOTS 1-13 BLOCK 14, PHASE 2
and all C,D, and E sections of the outlined map submitted with the
preliminary plat. Variance request: 1. approval of a rear yard
setback variance of 15' on all lots listed above
2. Side setbacks of 5' on one side and 7.5' on the other side,
provided the distance between homes is not less than 12.5' per
total set back.
Public Testimony:
Opposed:
Chuck Bower
Sheryl Bower
In favor:
Max Miller
Public hearing closed at 8:25 p.m.
Discussion took place regarding ECC, Section 9-5-4-3 Site and
Structure Requirements of a PUD, Section 8-6-6 PUD and Section 9-6-
3 Variances.
Moved by HINMAN and seconded by BRINTON to deny the application as
submitted because of non compliance with code, specifically Section
8-7-4-2. AYE: HINMAN, SMITH, BRINTON. ABSTAIN: BRADLEY MOTION
CARRIED.
A report was given by Barbara Montgomery regarding Council
activities. She informed the Commissioners that Kelli Blair,
Council ¥iOft\~Jt~dW~ll be attending the P&Z meetings as liaison for the
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The~* ~~)t~'J~rt~er business the meeting adjourned at 8:45 p.m.
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ZONING