Findings - PZ - 1989 - Variances/lots 1-7;11-14;16-23 & 33-36 - Request To Reduce Setbacks To County Requirements
CITY OF EAGLE
In the Matter of:
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FINDINGS OF FACTS
& CONCLUSIONS OF
LAW
EAGLE RIM SUBDIVISION
Variances
On December 18, 1989, pursuant to public notice and hearing
procedures set forth in Section 67-6509 of the Idaho Code, this
matter came before the Eagle Planning and Zoning, City of Eagle,
Idaho, a hearing upon the request of Walt Wanner, owner of the
development, for variances on lots 1-7, 11-14, 16-23 and 33-36,
exluding 25-32. The variance is requested to reduce the set
backs to county requirements, 20' front, 15' rear and 5' side.
Engineer for the project, Jim Howard indicated it is impossible
to build on some of the .Lots without redesigning the entire plat
unless the requested variance is granted.
Based on testimony from the applicant and interested parties
together with all documentary evidence submitted concerning the
application, the Eagle Planning and Zoning finds the following:
FINDINGS OF FACT AND CONCJ:'USIONS 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 variances was sent to the
appropriate public and private entities with responses not
objecting to the variances: being received from those entities;
2. On December 18,1989 public hearing proceedings were conducted
with Eagle Planning and Zoning Commission. Testimony was
presented as stated above.
3. Based upon said testimony Planning and Zoning concludes that
building on certain lot~¡ is possible under Eagle's set back
requirements and not on others. Planning and Zoning recommended
that variances be granted on lots: 34 (20 ft. rear set back), 35
(18 ft. rear set back), 36 (20 ft rear set back) and lot 5 (5 ft.
set back, both sides). Variances on all other lots in this
application are denied.
4. The aforesaid special conditions affecting the property make
it unreasonable to deny th4~ above noted variances.
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 Comprehensi,re Plan.
Based upon the foregoing Findings of Facts and Conclusions of
Law the Commission recoß~ends to the Eagle City Council that the
variances on lots 34, 35, 36, and 5 of the Eagle Rim Subdivision
reducing said set back requir~ments be granted. It is further
noted that all other variances applied for in this application be
denied.
DATED
of JëLnUary, 1990.,
Atte
Approved:
Barb
City
Erv Sinclair
Chairman