Minutes - 1994 - Planning & Zoning - 11/21/1994 - Regular
EAGLE PLANNING AND ZONING MEETING MINUTES
November 21, 1994
The Eagle Planning and Zoning Commission met in regular session on
November 21, 1994. Chairman SMITH presiding.
The following members were present: KEN SMITH,
DONALD BRINTON, NANCY MERRILL, RUSSEL MAYER.
BERT BRADLEY,
Moved by BRADLEY and seconded by MERRILL to approve the minutes of
the November 7, 1994 meeting as presented.
ALL AYE:
MOTION CARRIED.
PUBLIC HEARING/Tom Smith -
Variance (continued)
Moved by BRADLEY and seconded by MAYER to re-open the public
hearing at this time. ALL AYE: MOTION CARRIED.
Mr. Smith based on November 7, 1994 withdrew the application,
forfeited his fee and requested a determination by the
Commissioners to declare the request as a minimal encroachment
across the lot line and not significant enough to require a
variance. The porch enhances the home and property for future
value.
Testimony: Opposed:
Allen Barta - adjacent homeowner to the west
ALL AYE:
MOTION CARRIED.
The public hearing closed at 8:10 p.m.
Moved by BRADLEY and seconded by MAYER to approve this
encroachment. The encroachment is not significant in nature and
therefore does not require a Variance. AYE: BRADLEY, MAYER. NAY:
MERRILL, BRINTON. SMITH: NAY. MOTION DENIED.
Note: The builder must comply with Eagle City Codes regarding
setbacks, or file a new request for a Variance.
FINDING OF FACTS AND CONCLUSIONS OF LAW/Custom Masonry - ReZone
Moved by MERRILL and seconded by BRADLEY to approve the findings
with corrections pointed out by Mary Berent. Those corrections are
as follows: page 2, should include the statement reading,
"conflicting uses include: noise, dust and operation of equipment
near a residential area". ALL AYE: MOTION CARRIED.
PATHWAY REPORT: The Commission asked Rick Yzaguirre to present a
report on pathways to the Commission. Councilman Yzaguirre
outlined the goals of the committee and announced the names of the
members. He reviewed the Ridge to Rivers Pathway Guide, the Eagle
Comprehensive Plan and the Pathway Map included in the plan.
THE TAKINGS LAW: John McFadden addressed the law by case study.
Staff will be asked to devise a check list as part of the staff
report if there is a potential problem dealing with the taking
issue.
ADA COUNTY TRANSMITTAL - LDS Seminary - CUP: A letter from Central
District Health was received advising the Commission of their
denial of the proposed septic system was reviewed by the
Commission. It was also noted that the parking is inadequate.
Moved by BRINTON and seconded by MAYER to recommend they meet the
parking requirements and code. AYE: MERRILL, SMITH, BRINTON,
MAYER. NAY: BRADLEY.
The Council report was given by Mary Berent.
There will be no meeting on December 5. It was suggested the
January session be deferred until Jan 9. Moved by BRINTON and
seconded by MERRILL to reschedule the January meeting for January
9, 1995. ALL AYE: MOTION CARRIED.
There being no further business the meeting adjourned at 10:05 p.m.
Respectfully submitted:
BARBARA MONTGOMERY
EAGLE CITY CLERK
--~-----
~--~-~~~ -~-~ --~- - ~- -- - n -- ~ ~ - - - - ~ u- -- - --