Findings - CC - 2012 - AA-01-12 - Deny A Residential Dwelling Bp In A C-3 Zone BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPEAL OF )
ZONING ADMINISTRATION DECISION ) ORDER GRANTING
TO DENY A RESIDENTIAL DWELLING ) APPEAL AA-01-12
BUILDING PERMIT WITHIN THE C-3 )
ZONING DISTRICT )
The above-entitled matter came before the Eagle City Council for their action on April 10, 2012,
at which time testimony was taken and the decision was made. The City Council, having heard
oral testimony from Appellant Robert DeShazo, the City Staff, and reviewed the written record,
voted 3 to 0 (Defayette 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 a residential dwelling to be
located within the C-3 (Highway Business District) zoning designation 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 property consists of approximately 32,112-square feet and is located at
10255 North Horseshoe Bend Road. The property is currently zoned C-3 (Highway
Business District). The Applicant is requesting a building permit to replace a residence
that was previously located on the property. Residential uses are a prohibited use within
the C-3 (Highway Business District) zoning designation.
B. On April 13, 1999, the City Council approved a design review application for a
shop/warehouse building and covered parking facility/storage building to be located on
the original 3.25-acre site. The previous residence was located on-site at the time of
approval of the design review application and the Applicant was required to submit a lot
split application for review and approval to allow the existing residence to remain on a
separate parcel on-site (DR-12-99).
C. On October 24, 2000, the City Council approved a lot split application to divide the 3.25-
acre parcel into two (2) parcels in order to separate the residential portion of the property
from the proposed commercial development pursuant to the Site Specific Conditions of
Approval found within the approved design review application#DR-12-99 (LS-11-00).
D. On December 10, 2002, the City Council approved a second modification to the approved
design review application. Within the Site Specific Conditions of Approval the Applicant
was required to remove the residence. The Applicant did not move forward with the
construction of the approved improvement within the design review modification and the
design review modification subsequently expired (DR-12-99 MOD#2).
E. The Applicant(s) shall be permitted to construct a residential dwelling on the 32,112-
square foot parcel located at 10255 North Horseshoe Bend Road.
ORDER GRANTING APPEAL- 1
K\Planning Dept\Eagle Applications\APPEALS\2012\AA-01-11 DeShazo final order.doc
F. The Applicant shall comply with all requirements of the Eagle Building Department. 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 l® 'day of April 2012.
ATTEST:
ictreezol)
amen D. Reynolds Ce v 0124 T•e ; Sharo K. Bergmann
Mayor :L' * S Eagle City Clerk
* •40.0 :B
o
e
e SEAL e
��. •8888•• 0`
ORDER GRANTING APPEAL-2
KAPlanning Dept\Eagle Applications\APPEALS\2012\AA-01-11 DeShazo final order.doc