Findings - PZ - 2007 - CU-08-07 - Convert 2772 Sq Ft Resident Into Duplex/106 Harlan Place
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FORA )
CONDITIONAL USE PERMIT TO CONVERT )
A TWO STORY RESIDENTIAL DWELLING )
INTO AN ATTACHED TWO-FAMILY DWELLING )
FOR GARY ANDERSON )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-08-07
The above-entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on July 2, 2007. The Eagle Planning and Zoning Commission
having heard and taken oral and written testimony, and having duly considered the matter, makes the
following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Gary P. Anderson is requesting conditional use approval to convert a 2,772-square foot, two
story single family residential dwelling into an attached two-family dweIling (duplex). The
0.15-acre site is located on the east side of South Harlan Place approximately 225-feet south
of West State Street at 106 Harlan Place.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:00 PM, May 7, 2007, in compliance with
the application submittal requirement of Eagle City Code. The application for this item
was received by the City of Eagle on May 8, 2007.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City Code on June II, 2007. Notice of this public hearing was
mailed to property owners within three-hundred feet (300-feet) of the subject property in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on June 6, 2007. The site was posted in accordance with the Eagle City Code on
June 19, 2007. Requests for agencies' reviews were transmitted on May 16, 2007, in
accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNA TIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business District CBD (Central Business Single-family residence
District) (Eagle West Subdivision)
Proposed No Change No Change Multi-family (duplex)
North of site Central Business District CBD (Central Business Vacant lot/State Street
District)
South ofsite Central Business District CBD (Central Business Single-family residence
District) (Eagle West Subdivision)
East of site Central Business District CBD (Central Business Single-family residence
District) (Eagle West Subdivision)
West ofsite Central Business District CBD (Central Business Single-family residence
District) (Kestrel Cove Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT: Property IS within the TDA (Transitional
Development Area) overlay district
H. EXISTING SITE CHARACTERISTICS:
There is an existing 2772-square foot, two (2) story, single-family residential house on the
. IS-acre site.
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I. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site .IS-acres SOO-square feet
Percentage of Site Devoted to Building 2S% (approximately) 92% (maximum)
Coverage
Percentage of Site Devoted to 60% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 4-spaces (2-covered) 4-spaces (2-covered)
Front Setback 24- feet (from garage) O-feet (minimum)
Rear Setback 30-feet O-feet (minimum)
S ide Setback (south) 7.6-feet O-feet (minimum)
S ide Setback (north) 7.6-feet O-feet (minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
One (I) 2772-square foot, two (2) story single-family, residential building is proposed to
be converted into a two (2) story duplex residential building.
Height and Number of Stories of Proposed Buildings: Two (2) stories.
Gross Floor Area of Proposed Buildings: 2,772-square feet (total).
On and Off-Site Circulation:
The site plan date stamped by the City on March 8, 2007, shows a twenty two foot (22')
wide concrete driveway set back twenty four feet (24') from the existing two (2) car
garage. Off site parking and circulation is available along South Harlan Place.
K. PUBLIC SERVICES AVAILABLE:
Potable and irrigation water are currently supplied to the site via a community well
operated by the Eagle West Subdivision Homeowner's Association. The property is within
the Eagle Sewer District and has fire protection through the Eagle Fire Department.
L. PUBLIC USES PROPOSED: None proposed
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern _ none
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Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: - no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,
which appear to be of special concern, are noted below:
Central District Health
Chevron Pipeline
Eagle Fire Department
Eagle Sewer District
Q. LETTERS FROM THE PUBLIC: None received
R. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle
City Code Title 8) for the zoning district involved;
8. Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. Will be served adequately by essential public facilities such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services.
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes, materials, equipment and conditions of
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operation that will be detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 6 - Land Use
6.3.11 Central Business District
Suitable primarily for development that accommodates and encourages further
expansion and renewal in the downtown core business area of the community. A
variety of business, public, quasi-public, cultural, residential and other related
uses are encouraged. The greatest possible concentration of retail sales and
business is to occur in this land use designation. Pedestrian friendly uses and
developments are encourages. Land within this district requires a CBD zoning
designation upon any rezone.
Chapter 12 - Community Design
12.1 Background and Vision
Community design is the organized fashion in which a community is developed in
order that a general mood or theme is established and maintained.
12.2 Goal
Strive to create an aesthetically pleasing community and protect the unique natural
beauty and small town character of the City.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDINGTHIS PROPOSAL:
· Eagle City Code Section 8-2-1
CBD CENTRAL BUSINESS DISTRICT: To accommodated and encourage further
expansion and renewal in the historical core business area of the community. A variety of
business, public, quasi-public, cultural, residential and other related uses are encouraged.
The greates possible concentration of retail sales and business is to occur in this district.
Pedestrian friendly uses and developments are encouraged. (Ord. 298, 10-14-1997)
· Eagle City Code Section 8-2A-1
General Applicability: This article applies to all overlay district which shall include the
entire city limits, and any land annexed into the city after the date of adoption hereof.
Such development includes, but is not limited to, new commercial, industrial, institutional,
office, multi-family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior
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remodeling or repainting with a color different than what is existing, exterior restoration,
and enlargement or expansion of existing buildings, signs or sites, and requires the
submittal of a design review application pursuant to this article and fee as prescribed from
time to time by the city council.
The foUowing are specifically excluded from the requirements of the design review
overlay district: development of an individual single-famUy detached dwelling on a
single parcel, an individual duplex (2 dwelline units), and an individual town home
consisting ofa maximum of two (2) dwelling units. (Ord. 462, 11-11-2003)
· Eagle City Code, Section 8-2-4 Schedule of Building Height and Lot Area Regulations for the
CBD (Central Business District) zone:
"',',' M~'m'm IF~(II'1I'"rim
District Height Side
ICBD 113s' I@::=:JL 10'
Street Maximum
Side Lot
Covered
Minimum Lot Minimum
Area (Acres Lot
Or Sq. Ft.) G Width 1*
And H*
I [=:J 192%
Ilsoo
112s'
· Eagle City Code Section 8-2-3 states that a two-family dwelling requires a conditional use
permit within the CBD (Central Business District) zone.
· Eagle City Code Section 8-7-3-S (F)
· A conditional use permit shall not be considered as establishing a binding precedent to grant
other conditional use permits.
C. DISCUSSION:
· The applicant is proposing to convert a 2772-square foot single family residential dwelling
into a two-family dwelling (duplex). The site is located within the CBD (Central Business
District) zone and the TDA (Transitional Development Area) overlay district. Eagle City
Code specifically exempts individual duplexes (2 dwelling units) from the requirements of the
design review overlay district.
· Staff has reviewed the particular facts and circumstances of this proposed conditional use and, in
terms of Eagle City Code Section 8-7-3-2 "A thru I" (required findings for approval ofa
conditional use), has made the following conclusions:
The proposed conditional use;
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle
City Code Title 8 for the CBD (Central Business District) zoning district since a
Two-family dwelling as defined within Section 8-1-2 requires a conditional use
permit;
B. Will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or this Title (Eagle City
Code Title 8) since there are no inconsistencies with the Comprehensive Plan;
C. Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general
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vicinity and that such use will not change the essential character of the same area.
Duplexes are not required to meet the City's Design Review standards;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
the site is currently being used as a single-family residence and;
E. Will be served adequately by essential public facilities such as highways, streets,
police and fire protection, drainage structures, refuse disposal, water and sewer
and schools; or that the persons or agencies responsible for the establishment of
the proposed use shall be able to provide adequately any such services as noted in
responses received by agencies providing the public services.
F. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community since the applicant is not adding additional structures or intensifYing
uses;
G. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create
an interference with traffic on surrounding public thoroughfares as previously
approved for the subdivision. The site will have adequate ingress/egress from
Harlan Place and adequate parking; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance since none are apparent on this site.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the conditional
use permit with the site specific conditions of approval and the standard conditions of approval
provided with in the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on July 2,
2007, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by
three individuals (not including the applicant/representative) who testified that this use is consistent
with other rentals in the subdivision and that Gary Anderson will be a responsible landlord.
COMMISSION DECISION:
The Commission voted 3 to 0 (Felix and McCarrell absent) to recommend approval of CU-08-07
for a conditional use permit to convert a two story residential dwelling into an attached two-family
dwelling for Gary Anderson, with the following staff recommended site specific conditions of
approval and standard conditions of approval:
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SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Only the use Two-family dwelling (duplex) is approved with this conditional use permit. Separate
uses requiring a conditional use permit within a CBD zone shall require a separate conditional use
permit application and approval by the City Council prior to the use commencing on site.
2. A building permit for this use shall be obtained within one year, otherwise the conditional use
approval shall be considered null and void.
3. No signs are proposed with this application and none are approved.
STANDARD CONDITIONS OF APPROVAL:
1 . The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks. A letter of approval from the highway district having
jurisdiction shall be submitted to the City prior to issuance of any building permits.
2. Department of Environmental Quality approval of the sewer and water facilities is required prior
issuance of any building permits.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be
secured prior to issuance of building permit.
4. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources shall be submitted to the City prior to issuance of any
building permits.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to issuance of any building permits.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifYing that all drainage shall be retained on-site prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be
submitted with the letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits.
The plans shall show how swales, or drain piping, will be developed in the drainage easements.
The approved drainage system shall be constructed, or a performance bond shall be submitted to
the City Clerk, prior to issuance of any building permits. The lot shall be so graded that all runoff
runs either over the curb, or to the drainage easement, and no runoff shall cross any lot line onto
another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certifY that
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any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(I) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City prior to issuance of any building permits.
9. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose
of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated
public right-of-way, prior to issuance of any building permits.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
II. The parking area shall be paved and shall be maintained in good condition without holes and free
of all dust, trash, weeds and other debris.
12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be
submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire
Department. ..
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, I,SOO gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and I,SOO gallons per minute for non-residential uses (Le.; Commercial,
Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits or certificate of Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
issuance of a building permit.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a
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building permit.
15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to issuance of a building permit.
16. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to issuance of a building
permit.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit.
18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the Commission and/or Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff
may elect to take those plans to the Design Review Board and/or the Planning and Zoning
Commission for review and approval.
21. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its Successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
22. Approval of any Design Review shall expire without notice to the applicant on the date of
expiration of the Design Review, as stipulated in Eagle City Code (one year from the City Council
approval date).
23. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on May 7, 2007.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on June 11, 2007. Notice of this public hearing was mailed to property owners within three-
hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on June 6, 2007. The site was posted in accordance with
the Eagle City Code on June 19, 2007. Requests for agencies' reviews were transmitted on May 16,
2007, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed conditional use
permit application (CU-08-07) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
conditional use permit is in accordance with the Eagle City Code because:
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The proposed conditional use;
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle
City Code Title 8 for the CBD (Central Business District) zoning district since a
Two-family dwelling as defined within Section 8-1-2 requires a conditional use
permit;
B. Will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or this Title (Eagle City
Code Title 8) since there are no inconsistencies with the Comprehensive Plan;
C. Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general
vicinity and that such use will not change the essential character of the same area.
Duplexes are not required to meet the City's Design Review standards;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
the site is currently being used as a single-family residence and;
E. Will be served adequately by essential public facilities such as highways, streets,
police and fire protection, drainage structures, refuse disposal, water and sewer
and schools; or that the persons or agencies responsible for the establishment of
the proposed use shall be able to provide adequately any such services as noted in
responses received by agencies providing the public services.
F. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community since the applicant is not adding additional structures or intensifying
uses;
G. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create
an interference with traffic on surrounding public thoroughfares as previously
approved for the subdivision. The site will have adequate ingress/egress from
Harlan Place and adequate parking; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance since none are apparent on this site.
4. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
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DA TED this [6th day of July 2007.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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