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Findings - PZ - 1990 - Eagle Ranch 4A Amendment - From 10 Patio Lots To 5 Single Family Dwelling Lots/Variance Re:Setbacks I, , I CITY OF EAGLE In the Matter of: ) ) ) ) ) FINDINGS OF FACTS & CONCLUSIONS OF LAW EAGLE RANCH 4A SUBDIVISION AMENDMENT Variances On May 7, 1990, pursuant to public notice and hearing procedures set forth in Section 67-6509 of the Idaho Code, this matter came before the Eagle Plannin9 and Zoning Commission of the City of Eagle, Idaho, a hearing upon the request of Ted Porter, Gale Stevens, and Jerrie Wolfe, owners of the development, for variances on all lots and plat amendment from 10 patio lots to 5 single family dwelling lots. The variance is requested to reduce the set backs from 7 1/2 ft. side set backs to 5 ft side set backs. The proposal is based on ~::he fact that the lots are to small to provide for the large homes today. Based on testimony from the applicant and interested parties together with all documen1::ary evidence submitted concerning the application, the Eagle Planning and Zoning Commission finds the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW: 1. The records in this matter indicate all notices, and publications have occurred as required by law. The records further reflect notice of the proposed variance was sent to the appropriate public and p~'ivate entities with responses to the variances being received from those entities; 2. On May 7, 1990 public hearing proceedings were conducted with the Eagle City Council. Testimony was presented as stated abpve. 3. Based upon said testimony and the findings the Eagle Planning and Zoning Commission concludes that building on certain lots is possible under the City 'Jf Eagle set back requirements. The Eagle Planning and Zoning Commission recommended granting the following variances: Lots 51,52,53, but recommended denial of variances on lots 49 and 50. I. /, I I 5~ Granting the requested variances will not be detrimental to the public or injurious to other property. 6. The variances will not violate the Idaho Code, nor nullify the interest and purpose of Title 8 and 9 of the Eagle City Code or the Eagle Comprehensive Plan. 7. The Eagle Planning and Zoning recommended granting the amendment of the plat as requested. Based upon the foregoing Find~ngs of Facts and Conclusions of Law the Eagle Planning and Zoning Commission finds that the variances stated abovH and the amendment of said plat be forwarded to the Eagle City Council for approval. It is further noted that all other variances applied for in this application be denied. DATED this ---- day of May 7, 1990. Attest: Approved: ~~ Chairman Tom Eason Barbara Montgomery City Clerk