Findings - PZ - 1990 - CUP - Cup For Auto Body Shop
CITY OF EAGLE
IN THE MATTER OF
AN AUTO BODY SHOP
AN APPLICATION
FOR A CONDITIONAL
USE PERMIT
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FINDINGS OF FACT
AND CONCLUSIONS OF
LAW
On June 4, 1990, pursuant to public notice and hearing procedures
set forth in Section 67-,6509, I,daho State Code, J. W. Cullen, the
applicant, came before the Eagle Planning and zoning Commission
for the City of Eagle, Idaho, requesting consideration for a
Conditional Use Permit to establish an auto body shop in the CBD
District, a prohibited use in under Section 8-2-3, Eagle City
Code, by using Section £1-5-2, Nonconforming Uses.
Based on testimony from the applicant and all interested parties,
together with all documentary evidence submitted concerning the
application, the Eagle Planning and zoning Commission finds the
following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW:
1.
2.
The records in this matter indicate all notices, and
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 5
responses to the proposal being received in the City Clerk's
office from those ,entities;
On June 4, 1990 public hearing proceedings were conducted by
the Eagle Planning and Zoning Commission. Testimony was
received and documented in the Planning and Zoning Minutes,
dated June 4, 1990;
3.
The application submitted by J. W. Cullen for a Conditional
Use Permit does not comply with the requirements set forth
in the Eagle City Code, Section 8-7-3-2.;
4.
The granting of a CUP will not violate the Idaho Code, but
does nullify the interest or purpose of the Eagle City
Code, with the conditions required by the nonconforming
section of the code;
5.
Based upon the foregoing findings of facts the Eagle
Planning and zoning concludes that the application for a
Conditional Use PE!rmit be denied based on the following:
1. It would not be possible for the applicant to comply
with the restrictions of Section 8-5-2.
2.
The purpose and scope of the Eagle Comprehensive plan,
the proposed businE~ss is not compatible to the neighborhood
in which it is planned.
3.
To maintain codt3 restrictions in the CBD zone.
6.
On June 4, 1990, The Eagle Planning and Zoning, voted to
recommend denial of the application to the Eagle City
Council.
ADOPTED by the Eagle Planning and zoning Commission of the City
of Eagle, Idaho.
this
day of
, 1990.
1t;:: ¡J g
¿, 1< ~
CHAIRMAN TOM EASON
ATTEST:
BARBARA MONTGOMERY, EAGLE
CITY CLERK
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