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HomeMy Public PortalAbout1992.05.14 Esquibel-special use-944 Strawberry-deniedCity of McCall OFFICE OF THE CLERK BOX 1065 MCCALL, IDAHO 83638 May 29, 1992 Emilio A. Esquibel 13515 TruenLane Caldwell, Idaho 83605 Dear Mr. Esquibel, On May 28, at their regular meeting, the McCall City Council considered the recommendation by the Impact Area Planning and Zoning Commission on your request for a special use permit to place a mobile home on your property at 944 Strawberry Lane. By a motion properly made and seconded, the Council adopted the Findings of Fact and Conclusions of Law presented by the Commission, dated May 14, 1992, a copy of which are attached. Your request was denied based upon those Findings and Conclusions. If you have further questions, please contact me. We regret that there was so much confusion in this matter and that it will cause you inconvience. Sincerely, Arthur . Schmidt, City Administrator McCALL PLANNING & ZONING EXHIBIT RECEIVED ='1 `."-ct (61_ . CITY OF McCALL AREA OF CITY IMPACT PLANNING & ZONING COMMISSION FINDINGS AND CONCLUSIONS IN SUPPORT OF RECOMMENDATION FOR DENIAL OF A SPECIAL USE 1. A petition for approval of a special use was presented for public hearing on May 11, 1992 by Emilio Esquibel, as owner of a lot described by metes and bounds in Carico Subdivision, sometimes known as 944 Strawberry Lane for placement of a mobile home on a lot in Zone A within the City of McCall Area of City Impact. 2. An existing mobile home on the property has recently been removed; the intent of the owner was to replace it with a larger, new double -wide mobile home. 3. There is a hardship claimed by the applicant in that various conversations with County employees and City employees (specifically not including the City Zoning Clerk, who was allegedly out of the office at the time) did not reveal that there would be any problem moving in a new mobile home; he claims to have paid cash for the new mobile home which had custom modifications made in it for the northern clime. 4. Three members of the Commission visited the site. The Commission concluded that conventional housing was the prevalent mode of construction, especially newer construction, in the neighborhood. Objections to the special use were mailed in by five of the neighboring owners, citing a diminution in land values if mobile homes were placed in the subdivision area, and indicating that conventional construction is the desired development mode. 5. The Commission found that the hardship, while it exists, is softened by the fact that the mobile home is new and will have resale value. 6. The Commission concluded that it should adopt by example the standards of Title III for analysis of special use applications. 7 The Commission determined that mobile homes are not a special use in the A zone. The zone speaks of mobile home subdivisions as a special use, thus differentiating between single family dwelling units and mobile homes, while not providing that mobile homes on single lots in conventional subdivisions are permitted either as a permitted use or as a special use. 8. The Commission determined that proposed use would not be in harmony with the goals of the comprehensive plan. 9. The Commission determined that the proposed use would not be harmonious with the intended character of the neighborhood. 10. The Commission determined that the proposed use would be detrimental to the general welfare of persons in the neighborhood. 11. The Planning and Zoning Commission recommended by motion unanimously adopted that the special use should be denied. Dated: May 14, 1992 Jude Eddins Chairman