Findings - CC - 2008 - Matter of Appeal Zoning Admin/Deny Lot Line Adj/LLA-09-07 - Order Granting Appeal
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPEAL OF
ZONING ADMINISTRATION DECISION
TO DENY LOT LINE ADJUSTMENT
LLA-09-07
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ORDER GRANTING
APPEAL AA-I-08
The above-entitled matter came before the Eagle City Council for their action on February 12,
2008, at which time testimony was taken and the decision was made. The City Council, having
heard oral testimony from Appellant Tiny Rose, LLC, the City Staff, and reviewed the written
record, voted 3 to 0 (Shoushtarian absent) to approve the above referenced appeal.
The City Council, having reviewed the particular facts and circumstances regarding the Zoning
Administrator's denial of the lot line adjustment and the subsequent appeal of the Zoning
Administrator's decision and based upon the information provided, the City Council makes the
following conclusions and authorizes the Mayor to sign this Order.
A. The two (2) - 1.10 parcels created with the approval of the lot line adjustment (LLA-09-
07) will be comparable to the size of adjacent parcels to the north and south and similar
in size to other parcels in the immediate area.
B. The Applicant will be required to remove the existing dwelling and a portion of the
existing accessory structure currently located on the 0.17 acre parcel to meet the setback
requirements of the R-E (Residential Estates-up to one unit per two acres) zoning district
and Eagle City Code.
C. Pursuant to the requirements of the City Engineer, that all structures currently located
within the required setbacks will be removed or moved to be in compliance with the
setback requirements of the R-E (Residential Estates-up to one unit per two acres) zoning
district and Eagle City Code. However, the two existing dwellings located on the 2.1 acre
parcel at 1722 N. Ballantyne Lane and 1726 N. Ballantyne Lane shall be allowed to
remain. The front yard setback for the dwelling located at 1722 N. Ballantyne Lane is
thirty-two feet (32') and the front yard setback for the dwelling located at 1726 N.
Ballantyne Lane is forty-three feet (43 '). Should either dwelling be replaced the new
dwelling shall meet the setback requirements for the R-E (Residential Estates-up to one
unit per two acres) zone.
D. That upon removal of the existing dwelling located on the 0.17 acre parcel and the
approval of the lot line adjustment (LLA-09-07) the two existing dwellings currently
located on the 2.1 acre parcel would then be located on separate 1.10 acre parcels.
E. The Applicant shall also comply with all requirements of the City Engineer and Eagle
City Staff for the lot line adjustment as set forth in the record of LLA-09-07 and AA-I-
08. If the Applicant desires to seek judicial review of this Order, such proceed must be
commenced within twenty-eight (28) days from the date this Order is signed by the
Mayor and in accordance with applicable Idaho law.
ORDER GRANTING APPEAL - 1
KlPlanning DeptlEagle Applications\APPEALS\2008IAA_0 1-08 final order doc
IT IS SO ORDERED, this _ day of March 2008.
ORDER GRANTING APPEAL - 2
K:lPlanning DeptlEagle Applications\APPEALS\2008IAA-OJ_08 final order. doc
ATTEST:
~~(~O_~~
Sharon K. Bergmann
Eagle City Clerk
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