Findings - CC - 2011 - AA-01-11 - Denial Of Building Permit 10-12-048 @ 1436 N Selvaggio Way BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPEAL OF )
ZONING ADMINISTRATION DECISION ) ORDER GRANTING
TO DENY AN ACCESSORY STRUCTURE ) APPEAL AA-01-11
BUILDING PERMIT )
The above-entitled matter came before the Eagle City Council for their action on April 12, 2011,
at which time testimony was taken and the decision was made. The City Council, having heard
oral testimony from Appellant(s) Harvey and Christine Kildow, the City Staff, and reviewed the
written record, voted 3 to 0 (Huffaker 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 issuance of a building permit for an accessory structure 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 Applicant(s) resides within Cavallo Estates Subdivision at 1436 N. Selvaggio Way.
There is Code, Covenants, and Restrictions (CC&R's) associated with Cavallo Estates
Subdivision which regulate the storage of items and building architecture within the
subdivision.
B. Cavallo Estates Subdivision is located in an area that has an R-E (Residential-Estates up
to one (1) unit per two (2) acres) zoning designation. The maximum lot coverage within
the R-E zoning designation is ten percent (10%). The required rear yard setback is thirty
feet(30').
C. The Applicant(s) have recently purchased a recreational vehicle for their use and
enjoyment. Pursuant to the Cavallo Estates Subdivision CC&R's recreational vehicles
located on the residential lots for storage are to be screened from view. The Applicant(s)
have received approval from the Cavallo Estates Subdivision Home Owner's Association
for the construction of the proposed accessory structure to house the recreational vehicle.
D. The Applicant(s) submitted a building permit application (#10-12-048) to construct a
1,580-square foot accessory structure to house the recreational vehicle. The overall lot
coverage of the residential dwelling and the proposed accessory structure is 11.18%. The
site plan provided with the building permit shows the accessory structure to be located
twenty-five feet (25') from the rear property line.
E. The Applicant(s) shall be permitted to construct the 1,580-square foot accessory structure
as proposed. The coverage of the lot shall not exceed 11.18%
F. The Applicant(s) shall be permitted to construct the accessory structure to encroach five
feet (5') into the rear yard setback due to the lot configuration.
ORDER GRANTING APPEAL-1
K:\Planning Dept\Eagle Applications\APPEALS\2011\AA-01-11 final order Kildow.doc
G. The Applicant shall comply with all requirements of the Eagle Building Department for
the building permit as set forth in the record of Building Permit #10-12-048 and AA-01-
11. 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.
IT IS SO ORDERED, this / day of April 2011.
ATTEST:
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,mes D. Reynol• / Sharon K. :r g ann... . �- ''/ O
Mayor Eagle City lerk ; •
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