Findings - PZ - 2010 - Cu-11-02 MOD - Allow A Mobile Home To Continue To Be Located On Lot/2052/2054 Syringa Street
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR A )
CONDITIONAL USE PERMIT MODIFICATION )
FOR A MOBILE HOME OCCUPIED BY A )
FAMILY MEMBER FOR DALE R. CHESNUT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-ll-02 MOD
The above-entitled conditional use application came before the Eagle Planning and Zoning Commission
for their recommendation on June 7, 2010. 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 DESCRIPTION:
Dale R. Chesnut is requesting conditional use approval to allow a mobile home occupied
by a family member to continue to be located upon a lot in which a single-family dwel1ing
already exists. The site is generally located on the northwest corner of Conover Street and
Syringa Street at 2052 and 2054 Syringa Street.
B. PROJECT SUMMARY:
The applicant is proposing to continue the use of the mobile home located on the property
which a single-family dwelling currently exists. The applicant has moved out of the area
and is requesting that his adult children be permitted to move into the two (2) dwellings.
Eagle City Code states that a mobile home occupied by a family member may be located
upon a lot upon which a single-family dwelling already exists; provided, that a conditional
use permit is applied for in accordance with section 8-7-3-5 of Eagle City Code, and that
the city council determines that the standards for the issuance of a conditional use permit
set forth in section 8-7-3-2 are satisfied. The applicant will also be required to comply
with other agency requirements.
c. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the subject property at 6:00 PM, April 21, 2010, in
compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on April 22, 20 I O.
D. 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 May 17,2010. 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 May 12, 2010. The site was posted in accordance with the Eagle City Code on
May 23, 2010. Requests for agencies' reviews were transmitted on April 26, 2010 in
accordance with the requirements of the Eagle City Code.
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E. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On May 12, 1992, the Eagle City Council approved a conditional use permit to permit the
use of mobile home occupied by a family member (Margaret Chesnut) to be located upon
this site (CU-92 TLQ).
On March 25,2003, the Eagle City Council approved a conditional use permit to continue
the use of the mobile home for a family member(s) (Ernest and Arlene Asmus) upon a
parcel in which a single-family dwelling currently exists (CU-II-02).
F. COMPANION APPLICATIONS: None
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Four R-4 (Residential- up to four Single family dwelling &
dwelling units per acre) mobile home
Proposed No Change No Change Continuation of existing
single family dwelling &
mobile home
North of site Residential Four R-4 (Residential- up to four Residential Subdivision
dwelling units per acre) (Edgewood Estates)
South of site Residential Four R-4 (Residential- up to four Residential Subdivision
dwelling units per acre) (Randall Acres Sub No. 15)
East of site Residential Four R-4 (Residential- up to four Residential Subdivision
dwelling units per acre) (Randall Acres Sub No. 15)
West of site Residential Four R-4 (Residential- up to four Residential Subdivision
dwelling units per acre) (Randall Acres Sub No.15)
H. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
I. EXISTING SITE CHARACTERISTICS:
A single-wide mobile home and a double-wide manufactured home with associated
accessory structures are located on the site. The site also contains mature trees, shrubs,
and lawn areas in proximity to the existing dwellings.
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J. SITE DESIGN INFORMA TION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site .65-acre (28,314 sq. ft.) 8,000 square-feet (minimum)
Percentage of Site Devoted to Building 14.28% 40% (maximum)
Coverage
Percentage of Site Devoted to N/A N/A
Landscaping
Number of Parking Spaces 5 4
Front Setback 55-feet 20-feet
Rear Setback 142-feet 25-feet
Side Setback 8.5-feet 7.5-feet
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
No new buildings are proposed. Currently there is a double-wide manufactured home
located approximately one hundred feet (100') north of the southern boundary of the
property and a single-wide mobile home located approximately fifty-five feet from the
southern boundary and adjacent to Syringa Street.
Height and Number of Stories of Proposed Buildings: No new buildings are proposed.
Gross Floor Area of Proposed Buildings: No new buildings are proposed.
On and Off-Site Circulation:
The property is served by two interconnected driveways providing access from Syringa
Street. There is a driveway (providing access to the manufactured home on the northern
portion of the property) running south to north approximately thirteen feet (I 3') east of the
western property line that is part of the circular driveway providing access to the single-
wide mobile home adjacent to Syringa Street.
L PUBLIC SERVICES AVAILABLE:
The single-family dwelling and the mobile home are currently connected to sewer service
provided by the Eagle Sewer District. Although this area is in the Eagle Water
Company's service area there are no water service lines in proximity to the site and is
currently serviced by an on-site well.
M. PUBLIC USES PROPOSED: None proposed
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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O. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes - there are several mature trees located in proximity to the existing
dwellings
Riparian Vegetation -no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required
Q. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments, which appear to be of special concern, are noted below:
Central District Health Department - No objection if the mobDe home is served by central sewer
and the septic tank has been properly abandoned.
Chevron Pipeline - No conflict with the Chevron pipe line
Eagle Fire Department - Since the mobile home has been at this location for quite some time they
have no objection.
Idaho Department of Environmental Quality - No comment
R. LETTERS FROM THE PUBLIC: None received to date.
S. 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;
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);
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.
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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
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:
· The Comprehensive Land Use Map (adopted August 25, 2009) designates this area as
Residential Four.
Suitable primarily for single family residential development within an urbanized setting. An
allowable density of up to 4 units per 1 acre.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code defines Mobile Home as:
A detached single-family dwelling unit with all of the following characteristics:
A. Designed for a long term occupancy and containing sleeping accommodations, a flush
toilet, a tub or shower bath and kitchen facilities with plumbing and electrical
connections provided for attachment to outside systems;
B. Designed to be transported after fabrication on its own wheels, or on flatbed or other
trailers or detached wheels; and
C. Arriving at the site where it is to be occupied as a dwelling complete, including major
appliances and furniture, and ready for occupancy except for minor and incidental
unpacking and assembling operations, location on foundation supports, connection to
utilities, and the like.
· Eagle City Code Section 8-3-2 (E) Conditional Use Mobile Home:
Notwithstanding any other provision in this title, a mobile home occupied by a family
member may be located upon a lot upon which a single-family dwelling already exists;
provided, thaf a conditional use permit is applied for in accordance with section 8-7-3-5 of
this title, and the city council determines that the standards for the issuance of a
conditional use permit set forth in section 8-7-3-2 of this title, are satisfied.
· Eagle City Code Section 8-7-3-5 (F)
Effect Of Issuance On Other Conditional Uses: A conditional use permit shall not be
considered as establishing a binding precedent to grant other conditional use permits.
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C. DISCUSSION:
· On May 12, 1992, the Eagle City Council approved a conditional use permit (CU-92 TLQ) to
allow a manufactured home to be located upon the site wherein an existing mobile home,
occupied by Margaret Chesnut, was permitted to remain. The conditional use permit required
that upon the mobile home no longer being occupied by Margaret Chesnut, the mobile home
was to be removed from the site. Subsequent to the passing of Margaret Chesnut, the
applicant applied for a conditional use permit to continue the use of the mobile home to be
occupied by two family members, Ernest and Arlene Asmus. On March 25, 2002, the Eagle
City Council approved a conditional use permit (CU-II-02) to allow the mobile home to
remain to be occupied by Ernest and Arlene Asmus. The mobile home is no longer occupied
by either Ernest or Arlene Asmus. Pursuant to the currently approved conditional use permit
(CU-II-02) for this site the mobile home was to be removed from the site within ninety (90)
days subsequent to the vacancy of the mobile home. It is unknown to staff how long the
mobile home has been vacant. The applicant is requesting to continue the use of the mobile
home to be occupied by one (1) of his children.
· Similar to past action by the City, consideration should be given to placing a limitation on the
conditional use permit for the length of time the mobile home may be located on the site. Staff
recommends that upon the mobile home no longer being occupied by one (1) of Dale
Chesnut's children, the mobile home should be removed from the site.
· Staffhas 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 of a
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 this
title (Eagle City Code Title 8) for the zoning district involved since a mobile home
occupied by a family member is allowed upon a parcel in which a single-family
dwelling currently exists provided that a conditional use permit is approved by the
City Council as outlined in Section 8-3-2 (E) of Eagle City Code;
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 and
since the mobile home has been located on the site for over twenty (20) years and
Eagle City Code contains provisions which allow for a mobile home occupied by
a family member to be located upon a lot where a single-family dwelling already
exists;
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
since the site contains landscaping existing access driveways and is currently
improved with a single-family dwelling and a mobile home which are similar to
other uses in the area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
the proposed use is similar to other lots within the subdivision which have more
than one dwelling located on a lot;
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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 and the two (2)
existing dwellings on the site receive potable water from a common well and
sewer service is provided by the Eagle Sewer District.
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 site is a continuation of a previously approved use;
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
since the site consists of residential uses that are not expected to deviate from
typical residential activity;
H. Will have vehicular approaches to the property which are designed as not to create
an interference with traffic on surrounding public thoroughfares since the site is
served by driveway accesses which were previously approved for the site; 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 and no changes to
the existing site are being proposed.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends the site specific conditions
of approval and the standard conditions of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on June 7,
2010, 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 one
(1) individual who indicated that the existing mobile home is in good shape and the property has been
maintained well in the past and by allowing the additional family member to live in the mobile home
the property will continue to be maintained.
COMMISSION DELmERATION:
Upon closing the public hearing the Commission indicated during deliberation that:
· Concerns regarding possible rental of the secondary home.
. Timing of removal of the mobile home once the need no longer exists.
· Recommended being more specific regarding the removal of the mobile home upon the
family member vacating the home.
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· Clarified that both dwellings located on the site are connected to a central sewer system.
COMMISSION DECISION:
The Commission voted 3 to 0 (Aizpitarte and Villegas absent) to recommend approval of a
conditional use to continue the use of a mobile home for a family member(s) upon a parcel in
which a single-family dwelling currently exists for Dale R. Chesnut, with the following staff
recommended site specific conditions of approval and standard conditions of approval with
underline text to be added by the Commission.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Upon the mobile home no longer being occupied by one (1) of Dale Chesnut's children, the
mobile home shall be removed from the site within ninety (90) days subsequent to the vacancy of
the mobile home by the Chesnut family member. (8-3-2[ED
2. The applicant shall submit a letter annually on the anniversary of this approval to the City attesting
to the occupancy of the mobile home by a family member.
3. The applicant shall obtain a zoning certificate from the City of Eagle Planning and Zoning
Department prior to occupying the mobile home located at 2052 Syringa Street. (8-3-2 [ED
STANDARD CONDITIONS OF APPROVAL:
I. 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 or Certificate of
Occupancy, whichever occurs first.
2. Idaho Department of Environmental Quality approval of the sewer and water facilities is required
prior issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District, shall be
secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
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 or Certificate of Occupancy, whichever occurs first.
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 or Certificate of
Occupancy, whichever occurs first.
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 or Certificate of Occupancy, whichever occurs first.
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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 or Certificate of Occupancy, whichever
occurs first. 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
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) 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 or
Certificate of Occupancy, whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal
used for irrigation water or irrigation waste water without the express written approval of the
organized irrigation district, canal company, ditch association, or other irrigation entity associated
with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written
approval from the irrigation entity prior to the City Clerk signing the final plat.
10. 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 or Certificate of Occupancy,
wh ichever occurs first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
II. 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.
12. 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.
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13. 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, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (i.e.; 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 or Certificate of Occupancy, whichever
occurs first.
14. 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 or Certificate of Occupancy, whichever occurs first.
15. 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
building permit or Certificate of Occupancy, whichever occurs first.
16. 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 or Certificate
of Occupancy, whichever occurs first.
17. 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 or Certificate of Occupancy, whichever occurs first.
18. 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 or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. 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.
21. 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.
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22. 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.
23. Any change by the applicant in the planned use of the property which is the subject of th is
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
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at
the time the change in use is sought.
24. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of the City of Eagle. The burden shall be upon the applicant to obtain written
confirmation of any change from the City of Eagle.
25. 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 Planning and
Zoning Commission approval date).
26. 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. A Neighborhood Meeting was held at the subject property at 6:00 PM, April 21, 2010, in compliance
with the application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on April 22, 2010.
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 May 17, 2010. 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 May 12, 2010. The site was posted in accordance
with the Eagle City Code on May 23,2010. Requests for agencies' reviews were transmitted on April
26, 2010 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-ll-02 MOD) 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:
The proposed conditional use;
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 since a mobile home
occupied by a family member is allowed upon a parcel in which a single-family
dwelling currently exists provided that a conditional use permit is approved by the
City Council as outlined in Section 8-3-2 (E) of Eagle City Code;
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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 and
since the mobile home has been located on the site for over twenty (20) years and
Eagle City Code contains provisions which allow for a mobile home occupied by
a family member to be located upon a lot where a single-family dwelling already
exists;
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
since the site contains landscaping existing access driveways and is currently
improved with a single-family dwelling and a mobile home which are similar to
other uses in the area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
the proposed use is similar to other lots within the subdivision which have more
than one dwelling located on a lot;
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 and the two (2)
existing dwellings on the site receive potable water from a common well and
sewer service is provided by the Eagle Sewer District.
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 site is a continuation of a previously approved use;
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
since the site consists of residential uses that are not expected to deviate from
typical residential activity;
H. Will have vehicular approaches to the property which are designed as not to create
an interference with traffic on surrounding public thoroughfares since the site is
served by driveway accesses which were previously approved for the site; 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 and no changes to
the existing site are being proposed.
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.
Page 12 of 13
K:\Planning DeptlEagle Applications\CU\2002\CU-l 1-02 MOD pzf.doc
DATED this 21st day ofJune 2010.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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Page 13 of 13
K:\Planning DeptlEagle Applications\CU\2002\CU- 11-02 MOD pzf.doc