Findings - CC - 2020 - AA-02-20 - Kittric Guest 65 E Idaho Street Final OrderBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPEAL OF THE )
ZONING ADMINISTRATOR'S DECISION )
REGARDING THE DETERMINATION OF )
DEVELOPMENT RIGHTS FOR KITTRIC GUEST )
FINAL ORDER DENYING
APPEAL AA-02-20
The above -entitled appeal came before the Eagle City Council for their action on July 28, 2020, at which
time testimony was taken and their decision was made. The City Council, having heard and taken oral and
written testimony, and having duly considered the matter, makes the following Findings of Fact and
Conclusions of Law and authorizes the Mayor to sign this Order.
FINDINGS OF FACT:
A. This appeal was filed in accordance with Eagle City Code Section 8-7-4-1 on June 26, 2020.
B. The City of Eagle Zoning Administration Memorandum (with associated documents - 8 pages in
total) dated, July 21, 2020, is incorporated as if fully set forth herein.
C. The July 28, 2020, City Council meeting minutes are incorporated as if fully set forth herein.
D. Kittric Guest ("Appellant") is the owner of Parcel No. R1296110021, Eagle, Idaho ("Property").
E. The Property is zoned CBD (Central Business District).
ANALYSIS:
A. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS APPEAL:
• Eagle City Code Section 8-5-5 (B):
8-5-5: NONCONFORMING LOTS OF RECORD:
B. Nonconforming Lots Of Record In Combination: If two (2) or more lots or a combination of
lots and portions of lots with continuous frontage in single ownership are of record at the
effective date hereof, and if all or part of the lots with no buildings do not meet the requirements
established for lot width and area, the lands involved shall be considered to be an undivided
parcel for the purposes of this title and no portion of said parcel shall be used or sold in a manner
which diminishes compliance with lot width and area requirements established by this title, nor
shall any division of any parcel be made which creates a lot with a width or area below the
requirements stated in this title.
• Eagle City Code Section 8-7-4-1: APPEALS:
Appeals to the council concerning interpretation or administration of this title may be taken by
any person aggrieved or by any officer or bureau of the legislative authority affected by any
decision of the administrator. Such appeal shall be taken within twenty (20) days after the
decision of the administrator by filing with the administrator and with the council a notice of
appeal specifying the grounds upon which the appeal is being taken. The administrator shall
transmit to the council all the papers constituting the record upon which the appeal is based.
An appeal stays all proceedings in furtherance of the action taken unless the administrator
certifies to the council after the notice of appeal is filed with him that by reason of facts stated in
the application, a stay would, in his opinion, cause imminent peril to life and property. In such
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case, proceedings shall not be stayed other than by a restraining order which may be granted by
the council or by a court based upon an application, with notice to the administrator showing due
cause.
B. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS APPEAL: None.
C. IDAHO CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
APPEAL:
• Idaho Code Section 67-6508 is incorporated as if fully set forth herein.
PUBLIC MEETING OF THE COUNCIL:
A public meeting on the appeal was held before the City Council on July 28, 2020, at which time
testimony was taken from the appellant and city staff. The Council made their decision at that time.
COUNCIL DECISION:
The Council voted 4 to 0 to deny the appeal request for Kittric Guest.
CONCLUSIONS OF LAW:
A. The Council reviewed the particular facts and circumstances of this appeal with regard to Eagle City
Code Section 8-7-4-1 "Appeals", and based upon the information provided, concludes:
1. The written request for appeal failed to identify specific deficiencies in the Zoning Administrator's
decision;
2. Eagle City Code Section 8-5-5(B) states that, "If two (2) or more lots or a combination of lots and
portions of lots with continuous frontage in single ownership are of record at the effective date
hereof [(October, 1978)], and if all or part of the lots with no buildings do not meet the
requirements established for lot width and area, the lands involved shall be considered to be an
undivided parcel for the purposes of this title and no portion of said parcel shall be used or sold in
a manner which diminishes compliance with lot width and area requirements established by this
title, nor shall any division of any parcel be made which creates a lot with a width or area below
the requirements stated in this title."(emphasis added)
Lot 9, Block 1, Carpenters ADD and the eastern 16 feet of Lot, 10, Block 1, Carpenters ADD had
continuous frontage and were in single ownership in October 1978.
Lot 9, Block 1, and the eastern 16 feet of Lot 10, Block 1 (together known as 65 East Idaho Street)
are considered an undivided parcel pursuant to Eagle City Code Section 8-5-5(B) and cannot be
used or sold in a manner which diminishes lot width and area requirements established by Eagle
City Code Title 8.
On May 20, 2014, Kittrick Guest violated Eagle City Code Section 8-5-5(B) by selling off Lot 9,
Block 1, Carpenters Add apart from the eastern 16-feet of Lot 10, Block 1 Carpenters Add.
3. The assertion by Mr. Guest (as identified in his appeal application) that the minimum lot width
within the CBD (Central Business District) of 25-feet does not comply with the Comprehensive
Plan is not accurate. The Comprehensive Plan is a guide by which land use applications are
evaluated for conformance; existing zoning districts have been established by ordinance of the city
and have the full force and effect of law. The dimensional standards for lot size, lot width, and lot
coverage as established by ordinance of the city supersede guidance language contained within the
Comprehensive Plan.
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IT IS SO ORDERED, this 4day of August 2020.
CITY OF EAGLE, IDAHO
Ada County, Idaho
"fason Pierce
Mayor
ATTEST:
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Eagle s' Clerk y ' • p
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FINAL ORDER - 3
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