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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: ) ) ) ) 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