Findings - CC - 2015 - CU-07-14 - Allow Mobile Home Occupied By Familiy Member To Stay/1960 W Joplin Ln BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT )
FOR A MOBILE HOME (OCCUPIED BY )
A FAMILY MEMBER)AND A SETBACK )
WAIVER FOR SHANE AND SHARON MACE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-07-14
The above-entitled conditional use permit application came before the Eagle City Council for their action
on February 10, 2015, at which time public testimony was taken and the public hearing was closed. The
Eagle 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;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Shane and Sharon Mace, represented by Rick McGraw, are requesting conditional use permit
approval to allow a mobile home occupied by a family member to continue to be located upon a lot
in which a single-family dwelling already exists. The applicant is also requesting conditional use
permit approval of a setback waiver to allow existing accessory structures (which are located
within a required setback) to remain upon annexation. The 4.6-acre site is located approximately
1200-feet west of the intersection of South Chipper Way and South Locust Grove Road at 1960
West Joplin Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on-site at 6:00 PM, November 20, 2014*, in compliance with
the application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on November 12, 2014.
*Note -A neighborhood meeting was held on September 4, 2014, for the proposed annexation and
rezone of the property.
C. NOTICE OF PUBLIC HEARING:
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 November 24, 2014. Notice of this public hearing was mailed to property owners
within three-hundred feet(300-feet) of the subject property in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and Eagle City Code on November 20, 2014. Requests for
agencies' reviews were transmitted on November 12, 2014, in accordance with the requirements of
the Eagle City Code. The site was posted in accordance with the Eagle City Code on December 1,
2014,
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
January 26, 2015. Notice of this public hearing was mailed to property owners within three-
hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
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Chapter 65, Idaho Code and Eagle City Code on January 20, 2015. The site was posted in
accordance with the Eagle City Code on January 30, 2015.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None
E. COMPANION APPLICATIONS:
Annexation and rezone from RUT (Rural-Urban Transition — Ada County designation) to R-E
(Residential-Estates)(A-04-1 4/RZ-04-1 4).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two RUT(Rural-Urban Single-family residence,
Transition—Ada County mobile home(secondary
designation) dwelling), and agriculture
Proposed No change R-E(Residential-Estates) No change
North of site Residential Two R-2-P(Residential—PUD) Banbury Golf Course
South of site Residential One RUT(Rural-Urban Vacant parcel
Transition—Ada County
designation)
East of site Residential Two R-3-DA (Residential with a Banbury Meadows
development agreement) Subdivision No. 8
West of site Residential Two RUT(Rural-Urban Single-family residence and
Transition—Ada County agriculture
designation)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
A single-family dwelling, a mobile home (secondary dwelling utilized by a family member) and
approximately six (6) accessory structures are located on the site. The site also contains pasture
area with mature trees, shrubs, and lawn areas in proximity to the existing dwellings.
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SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 4.6-acres 1.8-acres (minimum)
Percentage of Site Devoted to Building 3.6%(approximately) 15%(maximum)
Coverage
Percentage of Site Devoted to N/A N/A
Landscaping
Number of Parking Spaces Greater than 4 4 (minimum)
Front Setback(south) 290-feet 50-feet(minimum)
Rear Setback(north) 18-feet 25-feet(minimum)
Side Setback(east and west) 29-feet 7.5-feet(minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:No new buildings are proposed.
Height and Number of Stories of Proposed Buildings:No new buildings are proposed.
Gross Floor Area of Proposed Buildings:No new buildings are proposed.
On and Off-Site Circulation:
The property is served by a single driveway located adjacent to the southern property line. The
driveway is located within an ingress/egress easement that provides connection to South Locust
Grove Road.
K. PUBLIC SERVICES AVAILABLE:
The single-family dwelling and the mobile home are currently connected to an on-site well and
septic system.No changes are proposed.
L. PUBLIC USES PROPOSED:None proposed
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—No
Evidence of Erosion—No
Fish Habitat—No
Floodplain—No
Mature Trees—Yes—Located in proximity to the residence and the driveway
Riparian Vegetation—No
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Steep Slopes—No
Stream/Creek—No
Unique Animal Life—No
Unique Plant Life—No
Unstable Soils—No
Wildlife Habitat—No
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
Eagle Fire Department
Settler's Irrigation District
Tesoro Logistics NW Pipeline
Q. LETTERS FROM THE PUBLIC:None received to date.
R. 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;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
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L Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• The site is designated as Residential Two on the Comprehensive Plan Land Use Map.
Chapter 6—Land Use
6.3.4 Residential Two
Suitable primarily for single family residential development within areas that are rural in
character. An allowable density of up to 2 units per 1 acre.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-2-4 Schedule of Building Height and Lot Area Regulations:
Official Height and Area Regulations
Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum
District Height Side Side Lot Lot Area Lot
Covered (Acres Or Width I*
Sq. Ft.)G
And H*
R-E 35' 50' 30' 20' 35' 15% 1.8 acres 100'
• Eagle City Code Section 8-3-2 Supplemental General Provisions:
E. Conditional Use Mobile Home: Notwithstanding any other provision in this title, a mobile
home occupied by a family member may be located upon a lot upon which a single-family
dwelling already exists; provided, that a conditional use permit is applied for in
accordance with section 8-7-3-5 of this title, and the city council determines that the
standards for the issuance of a conditional use permit set forth in section 8-7-3-2 of this
title, are satisfied.
C. DISCUSSION:
• The 4.6-acre site currently contains a single-family dwelling, a mobile home (secondary
dwelling utilized by a family member), and approximately six (6) accessory structures. Three
(3) of the accessory structures are located within the 30-foot wide rear yard setback associated
with the proposed R-E (Residential-Estates — up to one (1) unit per two (2) acres) zoning
designation.
• The applicant is requesting conditional use permit approval to allow the existing mobile home
(currently occupied by a family member)to remain on-site upon annexation. Pursuant to Eagle
City Code Section 8-3-2(f), a mobile home occupied by a family member may be located upon
a lot upon which a single-family dwelling already exists; provided, that a conditional use
permit is applied for and approved. If approved the mobile home should be required to be
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removed from the site within ninety (90) days of cessation of use by a family member. Also,
on the anniversary of this approval, the applicant should be required to submit a letter annually
to the Planning and Zoning Department attesting to the occupancy of the mobile home by a
family member.
• Pursuant to Idaho Code Section §67-6512(f) exceptions or waivers of standards, other than
use, inclusive of the subject matter addressed by Idaho Code Section §67-6516, in a zoning
ordinance may be permitted through issuance of a special use permit (conditional use permit).
The applicant is requesting approval of a conditional use permit of a setback waiver to allow
the three (3) accessory structures located within the 30-foot rear setback to remain at the
existing locations. Should an accessory structure be removed and a replacement accessory
structure be constructed the replacement structure should be constructed in conformance with
the required setback unless a waiver pursuant to Eagle City Code Section 8-2-4(A)(5) is
reviewed and approved by the Zoning Administrator.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
December 15, 2014, a quorum was not present. The public hearing was rescheduled for January 5,
2015, at which time public testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one(other than the applicant/representative).
D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning
and Zoning Commission by one individual who indicated that since the Mace family has purchased the
property the property has been maintained better than in the past.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• The mobile home and accessory structures have existed on-site for many years and the adjacent
neighbors have no objection to approval of the application.
COMMISSION DECISION:
The Commission voted 5-0 to recommend approval of CU-07-14 for a conditional use permit for a mobile
home (occupied by a family member) and a setback waiver for Shane and Sharon Mace, with the site
specific conditions of approval and standard conditions of approval provided within their findings of fact
and conclusions of law document, dated January 20, 2015.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on February 10, 2015, 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 City Council by no one (not including the
applicant/representative).
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COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-07-14 for a conditional use permit for a mobile home (occupied
by a family member) and a setback waiver for Shane and Sharon Mace, with the following Planning and
Zoning Commission recommended site specific conditions of approval and standard conditions of
approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Upon the mobile home no longer being occupied by a family member the mobile home shall be
removed from the site within ninety(90) days subsequent to the vacancy of the mobile home. (8-3-
2[E])
2. On the anniversary of this approval, the applicant shall submit a letter annually to the Planning and
Zoning Department attesting to the occupancy of the mobile home by a family member.
3. The three (3) accessory structures located within the 30-foot rear setback shall be permitted to
remain at their existing locations. Should an accessory structure be removed and a replacement
accessory structure be constructed the replacement structure shall be constructed in conformance
with the required setbacks unless a waiver pursuant to Eagle City Code Section 8-2-4(A)(5) is
reviewed and approved by the Zoning Administrator.
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 Environmental Quality 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.
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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.
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. Street light 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.
The applicant shall pay applicable street light 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
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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 Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee 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 Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
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 Flood Plain (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
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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.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held on-site at 6:00 PM, November 20, 2014*, in compliance with the
application submittal requirement of Eagle City Code. The application for this item was received by
the City of Eagle on November 12, 2014.
*Note - A neighborhood meeting was held on September 4, 2014, for the proposed annexation and
rezone of the property.
2. 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 November 24, 2014. Notice of this public hearing was mailed to property owners within
three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on November 20, 2014. Requests for agencies' reviews
were transmitted on November 12, 2014, in accordance with the requirements of the Eagle City Code.
The site was posted in accordance with the Eagle City Code on December 1, 2014.
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 January 26,
2015. Notice of this public hearing was mailed to property owners within three-hundred feet(300-feet)
of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and
Eagle City Code on January 20, 2015. The site was posted in accordance with the Eagle City Code on
January 30, 2015.
3. The Council reviewed the particular facts and circumstances of the proposed conditional use (CU-07-
14) 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 Section 8-2-3 of this title (Eagle City
Code Title 8) for the zoning district involved since a mobile home occupied by a family member is
allowed upon a parcel in which a single-family dwelling currently exists provided that a
conditional use permit is approved by the City Council as outlined in Section 8-3-2 (E). Also,
pursuant to Idaho Code Section §67-6512(f) exceptions or waivers of standards (reduction in
setback), other than use, inclusive of the subject matter addressed by Idaho Code Section §67-
6516, in a zoning ordinance may be permitted through issuance of a conditional use permit; and
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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) since there are no
inconsistencies with the Comprehensive Plan and Eagle City Code contains provisions which
allow for a mobile home (occupied by a family member) to be located upon a lot where a single-
family dwelling already exists with the approval of a conditional use permit. Also, pursuant to
Idaho Code Section§67-6512(f) exceptions or waivers of standards may be approved through the
issuance of a conditional use permit; and
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 single-family dwelling, mobile home, and
the accessory structures have existed on the site for many years; and
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the area
surrounding the subject property is not developed (with the exception of the Banbury Golf Course
located on the adjacent property to the north); and
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 responses received by agencies providing public services and the two
(2) existing dwellings on the site receive potable water from an existing domestic well and are
connected to a septic system; and
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 on the site; and
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 since the site consists of residential and
agricultural uses that are not expected to deviate from those activities; and
H. Will have vehicular approaches to the property which are designed as not to create an interference
with traffic on surrounding public thoroughfares since the site is served by an existing driveway;
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 on the site and no changes to the existing site are proposed.
4. 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.
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DATED this 10th day of March, 2015.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ti �'
es D. Reynolds, May ,,..•,,"',,,.,,
s .c NG LE
,� V••••••.••• .,,
ATTEST: i 1 Q0 •.
= b! / •
:U O #. b.;4=
Sharon . Bergmann, Eagle City C erk
..,,,•••,. STA'CEok'4,,
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis.
Reconsideration Notice: Applicant has the right, pursuant to Section 67-6535, Idaho Code, to request a
reconsideration within fourteen(14)days of the final written decision.
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