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Findings - CC - 2015 - HO-10-14 - Home Occupation Permit For Dog Training Facility BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPEAL OF ) ZONING ADMINISTRATION DECISION ) ORDER GRANTING ON THE CONDITIONAL APPROVAL OF ) APPEAL AA-02-15 A HOME OCCUPATION PERMIT FOR A ) DOG TRAINING FACILITY ) The above-entitled matter came before the Eagle City Council for their action on February 2, 2015, at which time testimony was taken and the decision was made. The City Council, having heard oral testimony from Appellant Mary Hunter, the City Staff, the Redwood Creek Home Owners Association, the general public, and reviewed the written record, voted 4 to 0 to approve the above referenced appeal with conditions. The City Council, having reviewed the particular facts and circumstances regarding the Zoning Administrator's conditional approval of a zoning permit for home occupation to conduct a dog training facility within a residence and based upon the information provided, the City Council makes the following conclusions and authorizes the Mayor to sign this Order. A. The Applicant resides within Redwood Creek Subdivision at 173 N. Sierra View Way. There are Codes, Covenants, and Restrictions (CC&R's) associated with Redwood Creek Subdivision which regulate the allowance for home occupations within the subdivision. B. The Applicant's residence is located within 500-feet of State Highway 44 and is the second residence north of State Highway 44. C. The Applicant has sufficient on-site parking to allow all clients to park on the driveway and not on the public street. D. Due to the unique location of the property and the proximity to State Highway 44 the City Council approves the Home Occupation Permit (HO-10-14) with the following site specific conditions of approval: 1. The applicant shall obtain a business license from the City of Eagle prior to the operation of the dog training. 2. No signs are permitted for the home occupation. 3. The applicant shall conduct the home occupation completely within the enclosed garage and backyard. 4. The applicant shall not use more than 25% of the floor area of the dwelling unit/garage for the home occupation when indoors. 5. The applicant is limited to providing services to only three (3) client at a time. 6. The applicant shall schedule no more than five (5) sessions in a day (maximum of 15 clients per day). ORDER GRANTING APPEAL- 1 K:\Planning Dept\Eagle Applications\APPEALS\2015\AA-02-15 final order Hunter doe 7. The applicant shall not operate more than four(4) days per week(e.g. Monday, Tuesday,Wednesday, Saturday OR Sunday, Monday, Tuesday, Wednesday, etc.). 8. The indoor training shall conducted between the hours of 9:00 a.m. —8:30 p.m. E. The Applicant shall comply with all requirements of Eagle City Code 8-2-3 and AA-02- 15. If the applicant or affected person seeking judicial review of compliance with the provisions of Idaho Code 67-6535 must first seek reconsideration of the final decision within fourteen (14) days from the date this Order is signed by the Mayor. Such written request must identify specific deficiencies in the decision for which reconsideration is sought. Upon reconsideration, the decision may be affirmed, reversed or modified after compliance with applicable procedural standards. A written decision shall be provided to the applicant or affected person within sixty (60) days of receipt of the request for reconsideration or the request is deemed denied. A decision shall not be deemed final for purposes of judicial review unless the process required in Idaho Code 67-6535 has been followed. The twenty-eight (28) day time frame for seeking judicial review is tolled until the date of the written decision regarding reconsideration or the expiration of the sixty (60) day reconsideration period, whichever occurs first. IT IS SO ORDERED, this /D/ day of March 2015. CITY OF EAGLE, IDAHO Ada County, Idaho es D. Reyno s ayor ' Q.G LE '•. moose cL PT A •: ATTEST: : Vi 0 • ti i Eagle City C Jerk ann •'•.••••��STAIv..to , ORDER GRANTING APPEAL-2 K:\Planning Dept\Eagle Applications\APPEALS\2015\AA-02-15 final order Hunter doe