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Findings - CC - 2008 - AA-01-08--/LLA-09-07 - Lot Line Adjustment/Lla-09-07 ORIGINAL BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPEAL OF ) ZONING ADMINISTRATION DECISION ) ORDER GRANTING TO DENY LOT LINE ADJUSTMENT ) APPEAL AA-1-08 LLA-09-07 ) 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-1- 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 K,\Planning Dept\Eagle Applications\APPEALS\2008\AA-01-08 final order,doc IT IS SO ORDERED, this day of March 2008. ATTEST: till Phil Bandy Sharon K. Bergmann Mayor .. Ea le City Clerk g Y OF E A GL O . G . 4t . T �i %CORPoR ORDER GRANTING APPEAL-2 K_\Planning Dept\Eagle Applications\APPEALS\2008\AA-01-08 Final order.doc