Findings - CC - 2020 - CU-05-20 - Jamison Nakaya Non-Conforming Use BEFORE THE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A CHANGE OF NONCONFORMING )
USE FOR JAMISON NAKAYA )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-05-20
The above-entitled conditional use permit application came before the Eagle City Council for their action
on October 13, 2020, at which time public testimony was taken and the public hearing was closed. The
Eagle City 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 SUMMARY:
Jamison Nakaya is requesting conditional use permit approval for a change of nonconforming use
to allow an addition of a breezeway, porch,and an enlarged patio cover to the existing home,and
renovation and expansion of an existing shop with a 560-square foot bonus room.The.48-acre site
is located on the east side of North Eagle Road approximately 1,150-feet north of West Floating
Feather Road at 1638 North Eagle Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 1638 North Eagle Road, Eagle, from 6:30 — 7:45 PM,
Tuesday, June 23, 2020, in compliance with the application submittal requirement of Eagle City
Code. The application for this item was received by the City of Eagle on June 26, 2020. Revised
application narratives were received on July 28,2020,and August 18,2020.Additional yard photos
and building elevations were received on August 3,2020,and August 18,2020.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on July 7, 2020, in accordance with the
requirements of the Eagle City Code. 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 August 14,2020.Notice of this public hearing
was mailed to property owners within one thousand-feet (1000-feet) of the subject property in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on
August 14,2020.The site was posted in accordance with the Eagle City Code on August 11,2020.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67,Chapter 65,Idaho Code and the Eagle City Code on September
25, 2020. Notice of this public hearing was mailed to property owners within one thousand-feet
(1000-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and Eagle City Code on September 24, 2020. The site was posted in accordance with
the Eagle City Code on October 2,2020.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None
E. COMPANION APPLICATIONS:None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Estate Residential R-E(Residential) Single-family home
Proposed No Change No Change Addition to existing home and
shop or detached garage
North of site Estate Residential R-E(Residential) Single-family home(Eagle
Feather Subdivision)
South of site Neighborhood R-2-DA-P Dry Creek,Common Lot
(Residential with a (Brookwood Subdivision No. 1)
development
agreement—PUD)
East of site Neighborhood R-2-DA Dry Creek,Common Lot
(Residential with a (Brookwood Subdivision No. 1)
development
agreement—PUD)
West of site Residential RUT(Rural-Urban Single-family dwelling with
Transitional Transition—Ada pasture
Overlay County
designation)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA,or DSDA.
H. URBAN RENEWAL DISTRICT:No
EXISTING SITE CHARACTERISTICS:
The site consists of an existing single-family home with an accessory structure.
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J. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 0.48-acres(20,996-square 1.8-acres(minimum)
feet)
Percentage of Site Devoted 15.6%existing 15%(maximum)
to Building Coverage No Change proposed
Percentage of Site Devoted 76.1% Not required
to Landscaping
Number of Parking Spaces 8-spaces(including 4 covered) 2-spaces(including 1 covered)
Front Setback(south) 28-feet 50-feet(minimum)
Rear Setback(north) 38-feet 30-feet(minimum)
Side Setback(east) 15-feet 20-feet(minimum)
Side Setback(west) 10.5-feet 20-feet(minimum)
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
An addition of a breezeway, porch, and an enlarged patio cover to the existing home, renovation
and expansion of an existing accessory structure with a 560-foot bonus room
Height and Number of Stories of Proposed Buildings:
(as shown on the shop elevations, date stamped by the City on August 18, 2020)
27' 0"in height,one story accessory structure with bonus room
Gross Floor Area of Proposed Buildings
DESCRIPTION EXISTING PROPOSED
Existing(one-story) 1,965-square feet 1,965-square feet
Accessory Structure(one-story with bonus room) 1,320-square feet 1,320-square feet
Breezeway(not fully enclosed) -- 345-square feet
Patio Cover(not fully enclosed) -- 105-square feet
Total 3,285-square feet 3,285-square feet
On and Off-Site Circulation:
Access to the property is from the existing 36-foot wide driveway located on the west side of the
existing structure from North Eagle Road.
L. PUBLIC SERVICES AVAILABLE:None proposed.
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—located on the south and east property lines of the site,between the accessory
structure and the home,and to the east at the rear of the home.
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—no
Unique Plant Life—no
Unstable Soils—unknown
Wildlife Habitat—no
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):
Not required
Q. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Ada County Highway District
Eagle Fire Department
Idaho Department of Environmental Quality
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.
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;
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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.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The Comprehensive Plan Land Use Map(adopted November 15,2017),designates this site as the
following:
Estate Residential
A single family residential area transitioning between agriculture and conventional residential uses.
Densities range from 1 unit per 2 acres to 1 unit per 5 acres.Small scale agriculture and horticulture
uses are encouraged. Density may be limited due to the limited availability of infrastructure and
roadway capacity.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code, Section 8-1-2: Rules and Definitions:
ACCESSORY STORAGE BUILDING: A building originally constructed for use as an
accessory building for the storage of materials and equipment accessory to a primary use
located on the property. Cargo containers, railroad cars,truck vans, converted mobile homes,
trailers, recreational vehicles, bus bodies, vehicles and similar prefabricated items and
structures originally built for purposes other than the storage of goods and materials are not
accessory storage buildings.
ACCESSORY USE OR STRUCTURE:A use or structure on the same lot with,and of a nature
customarily incidental and subordinate to, the principal use or structure. In residential zones
accessory uses/structures include, but are not limited to, accessory dwelling units, detached
carports and garages,pool houses and cabanas,amateur radio and satellite dish antennas,barns,
corrals, stables, and similar uses and structures. In nonresidential zones accessory
uses/structures include, but are not limited to, detached carports and garages, caretaker's
quarters,guardhouses,microwave and satellite dish antennas,and similar uses and structures.
YARD: A required open space, other than a court, unoccupied and unobstructed by any
structure or portion of a structure from three feet (3') above the general ground level of the
graded lot upward; provided, accessories, ornaments and furniture may be permitted in any
yard,subject to height limitations and requirements limiting obstruction of visibility.
FRONT YARD:A yard extending between the side lot lines across the front of a lot and from
the front lot line to the front of the principal building.
INTERIOR SIDE YARD: A yard extending from the principal building to the side lot line on
both sides of the principal building between the lines establishing the front and rear yards.
REAR YARD: A yard extending between side lot lines across the rear of a lot and from the
rear lot line to the rear of the principal building.
LOT COVERAGE: The ratio of enclosed ground floor area of all buildings on a lot to the
horizontally projected area of the lot,expressed as a percentage.
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LOT, MINIMUM AREA OF: The area of a lot is computed exclusive of any portion of the
right of way of any public or private street.
NONCONFORMING USE: A building, structure or use of land existing at the time of
enactment of this title, and which does not conform to the regulations of the district in which
is situated.
SETBACK LINE: A line established by this title, generally parallel with and measured from
the lot line (except for front setback), defining the limits of a yard in which no building or
structure may be located aboveground except as may be provided herein.
• Eagle City Code,Section 8-2-4: Schedule of Building Height and Lot Area Regulations for the
R-E(Residential)zone:
Zoning Maximum Front Rear Interior Street Maximum Minimum Lot Minimum
District Height Side Side Lot Area(Acres Lot
Covered Or Sq. Ft.)G Width I*
And H*
IR-E 1135' I50' 30' 120' 1135' I115% 111.8-acres 11100' I
• Eagle City Code,Section 8-2-4(A): Schedule of Building Height and Lot Area Regulations for
the R-E(Residential)zone:
2. Open structures such as porches, canopies, balconies, platforms, carports, covered patios
and similar architectural projections shall be considered part of the building to which they
are attached and shall not project more than 15 feet into the required rear yard setback
provided that the remaining setback distance is no less than 10 feet.
3. Open porches for residential dwelling units shall not project more than 5 feet into the
required front yard setback provided that the remaining setback distance is no less than 15
feet.
• Eagle City Code, Section 8-3-5(A): Unique Land Uses:
3. Accessory storage buildings two hundred (200) square feet in area or larger shall comply
with the minimum setbacks as required in section 8-2-4 of this title and shall be limited to
a maximum height of twenty five feet (25'). Accessory storage buildings located within
the R-E zoning district shall be limited to a maximum height of thirty feet(30').Accessory
storage buildings located within the A and A-R zoning districts shall be limited to a
maximum height of thirty five feet(35').
• Eagle City Code, Section 8-5-2: Authority To Continue Nonconforming Use:
If a lawful use involving individual structures,or of a structure and land in combination,exists
at the effective date hereof that would not be allowed in the district under the terms of this title,
the lawful use may be continued so long as it remains otherwise lawful,subject to the following
provisions:
C. Change Of Nonconforming Use:Any nonconforming use of a structure and land may,upon
the issuance of a conditional use permit by the Council, be changed to another
nonconforming use; provided, that the Council shall find that the proposed use is equally
appropriate or more appropriate to the district than the existing nonconforming use. In
permitting such change,the Council may require appropriate conditions and safeguards in
accord with other provisions of this title. Upon the change of a nonconforming use to
another nonconforming use through the issuance of a conditional use permit,the terms and
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provisions of the conditional use permit shall prevail and the previous nonconforming use
rights shall no longer exist. If any term or condition of the conditional use permit is
violated, the conditional use permit may be revoked, at which time the use will be
considered an illegal use. Thereafter,the use and zoning shall conform to those permitted
or conditional uses allowed under the zoning code in effect at that time.
C. DISCUSSION:
• The applicant is requesting approval for a change of nonconforming use to allow an addition
of a breezeway, porch, and an enlarged patio cover to the existing home, and renovation and
expansion of an existing accessory structure with a 560-square foot bonus room within the R-
E (Residential-Estate) zoning district. The existing home and accessory structure square
footages total 3,285-square feet on a lot consisting of 20,996-square feet which computes to a
lot coverage of 15.6 percent. With no additional footprint square footage proposed with this
application,the lot coverage remains unchanged from the existing conditions.Pursuant to Eagle
City Code Section 8-5-2(C), any nonconforming use of a structure and land may, upon the
issuance of a conditional use permit by the Council,be changed to another nonconforming use;
provided that the Council shall find that the proposed use is equally appropriate or more
appropriate to the district than the existing nonconforming use.
• The applicant is requesting an addition of a breezeway and an enlarged patio cover that will
not be fully enclosed, which means the area of the additions will not be included in the
calculation of the lot coverage percentage,(as defined pursuant to Eagle City Code Section 8-
1-2: Lot Coverage). The site plan, date stamped by the City on August 18, 2020, shows the
proposed addition of a breezeway and an enlarged patio cover on the rear of the home to project
approximately 15-feet into the required 30-foot rear yard setback which is allowed,pursuant to
Eagle City Code Section 8-2-4(A)(2).
• The existing home was built in 1948 and remodeled in 1978,according to Ada County Assessor
Land Records. The one-story home is located 28-feet from the front(west) property line and
10.5-feet and 15-feet from the north and south property lines,respectively.The site plan,date
stamped by the City on August 18,2020,shows the proposed porch addition on the front of the
home to project approximately 4-feet into the required 50-foot front yard setback which is
allowed pursuant to Eagle City Code Section 8-2-4(A)(3).
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, if City Council approves the applicant's request of a
change of a nonconforming use,then staff recommends the following site specific 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 August
31,2020,at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one(not including the applicant/representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
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COMMISSION DELIBERATION: (Granicus Time 27:29)
Upon closing the public hearing,the Commission discussed during deliberation that:
• The Commission supports the addition of the breezeway,porch,and enlarged patio cover to the existing
home and the renovation and expansion of the existing shop with a bonus room.
COMMISSION DECISION:
The Commission voted 4 to 0 (Smith absent) to recommend approval of CU-05-20 for a change of
nonconforming use to allow an addition of a breezeway,porch,and an enlarged patio cover to the existing
home,and renovation and expansion of an existing shop with a 560-square foot bonus room, for Jamison
Nakaya, with the site specific conditions of approval and standard conditions of approval provided within
their findings of fact and conclusions of law document,dated September 21,2020.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on October 13, 2020, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-05-20 for a change of nonconforming use to allow an addition of
a breezeway,porch,and an enlarged patio cover to the existing home,and renovation and expansion of an
existing shop with a 560-square foot bonus room, for Jamison Nakaya, with the following Planning and
Zoning Commission recommended site specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The applicant shall submit payment to the City for all engineering fees and legal fees incurred for
reviewing this project prior to the issuance of a certificate of occupancy and/or upon receipt of an
invoice by the City,whichever occurs first.
2. The applicant is permitted to construct a breezeway,porch,and an enlarged patio cover to the existing
home, and renovate and enlarge the existing accessory structure by adding a bonus room within the
trusses.
3. The maximum height of the proposed accessory structure expansion with bonus room shall be 30-feet.
4. The following setbacks and lot coverage requirements shall apply for the subject property:
Front 28-feet(porch may encroach 4-feet)
Rear 30-feet(breezeway and enlarged patio cover may encroach 15-feet)
Side(north) 10.5-feet
Side(south) 15-feet
Street Side Not Applicable
Maximum Coverage 15.6%
5. The applicant shall obtain a zoning certificate from the City of Eagle Planning and Zoning Department
prior to the issuance of a building permit(ECC 8-7-2[A]).
NOTE: In the event a Standard Condition of Approval conflicts with a Site-Specific Condition of
Approval contained herein the Site-Specific Condition of Approval shall control.
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STANDARD CONDITIONS OF APPROVAL:
1. 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 Health & Welfare 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.
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,or drain,for irrigation water or irrigation waste water owned
by an organized irrigation district,canal company,ditch association, drainage district,drainage entity,
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 Engineer prior to the City Engineer
signing the final plat.
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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,or drain,
used for irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association,drainage district,drainage entity or other irrigation
entity associated with such ditch,pipe or other structure,drainage or canal. The applicant shall submit
a copy of the written approval from the irrigation entity,drainage district,or drainage entity prior to the
City Clerk signing the final plat.
10. Streetlight 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, whichever occurs
first. Whether located inside or outside of the public right-of-way the perpetual maintenance of the
streetlights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's/business owner's association,whichever the case may be.
The applicant shall pay applicable streetlight inspection fees prior to Certificate of Occupancy.
11. 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.
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 Council or Eagle City Parks and Pathways Development Commission for a path
or walkway shall be approved in writing by the Eagle City Parks and Pathways Development
Commission 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 staff and
the City Engineer and shall be shown on the final plat prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
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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
floodplain (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.
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 this 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 of this 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.
27. The conditional use permit approval shall remain valid in the event of a change in ownership. In the
event there is a new owner of the property,the new owner(s)shall be bound by the same conditions of
approval applicable to the conditional use permit that was transferred. The new owner(s)shall provide
written acknowledgment to the City accepting the terms of the transferred conditional use permit within
sixty (60) days of purchase and receipt by the new owners of actual notice of the existence of the
conditional use permit for the parcel, whichever event occurs later; otherwise, the permit may be
declared void after notice and public hearing before the city council.
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CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of the proposed conditional use(CU-05-
20) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses" and has
concluded that the proposed conditional use:
A. Will,in fact,constitute a conditional use as established in Eagle City Code Section 8-5-2(C),which
states that any nonconforming use of a structure and land may, upon the issuance of a conditional
use permit by the council,be changed to another nonconforming use.The Council has determined
that proposed use is equally appropriate to the district than the existing nonconforming use;
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),(as shown within
the findings provided within this document), since there are no inconsistencies with the
Comprehensive Plan and since a change of nonconforming use to allow the an addition of a
breezeway,porch,and an enlarged patio cover to the existing home,and renovation and expansion
of an existing access structure with a bonus room within the trusses is permitted with the approval
of a conditional use permit;
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 additions to the home and access structure
will match the architecture of the existing home and accessory structure;
D. Will not be hazardous or disturbing to existing or future neighborhood uses, since the additions to
the home and accessory structure are consistent with the architecture of the existing home and with
other buildings in the area;
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 the documentation the applicant is connected to a septic system;
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 applicant is not
proposing any new development beyond the single-family home addition. The entire project will
be privately funded by the applicant and all public facilities are available and in use on the site;
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 as conditioned herein;
H. Will have an existing vehicular approach to the property from North Eagle Road which is designed
as not to create an interference with traffic on surrounding public thoroughfares as approved by
Ada County Highway District;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 at this site.
2. 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
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DATED this 27`I'day of October 2020.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
J son Pi rce,Mayor
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Yracy E.0e n, Eag City Clerk i sEA1-s,;O
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Page 13 of 13
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