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Findings - CC - 2015 - Reconsideration/AA-02-15 - Home Occupation Permit For A Dog Training Facility BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF A REQUEST FOR ) RECONSIDERATION OF THE FINAL ) ORDER DENYING REQUEST ORDER FOR AA-02-15 AN APPEAL OF ) FOR RECONSIDERATION OF ZONING ADMINISTRATION DECISION ) APPEAL AA-02-15 ON THE CONDITIONAL APPROVAL OF ) A HOME OCCUPATION PERMIT FOR A ) DOG TRAINING FACILITY ) The above-entitled matter came before the Eagle City Council for their action on April 28, 2015. The City Council, having reviewed the request for reconsideration for the Redwood Creek Home Owners Association, and reviewed the written record, voted 3 to 0 to deny the above referenced request for reconsideration. Council member Stan Ridgeway recused himself for ex-parte contact with Ms. Hunter and other neighbors after the decision but before the request for reconsideration. The City Council, having reviewed the particular facts and circumstances regarding the reconsideration and finding that: 1. The written request for reconsideration failed to identify specific deficiencies in the decision for approval of a home occupation permit and conditions set forth therein pursuant to the Eagle City Code; 2. The additional information provided in support of the request for reconsideration addresses the recorded CC&Rs for the subdivision of which the City has no jurisdiction to enforce; and 3. The request for reconsideration appeared to be an attempt to bring violations of the Home Occupation Permit to the city in an improper process. 4. 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: a. The applicant shall obtain a business license from the City of Eagle prior to the operation of the dog training. b. No signs are permitted for the home occupation. c. The applicant shall conduct the home occupation completely within the enclosed garage and backyard. d. The applicant shall not use more than 25% of the floor area of the dwelling unit/garage for the home occupation when indoors. e. The applicant is limited to providing services to only three (3) client at a time. ORDER GRANTING APPEAL- 1 K:APlanning DeptAEagle Applications VAPPEALS\2015VAA-02-15 final order2 Hunter doe f. The applicant shall schedule no more than five (5) sessions in a day (maximum of 15 clients per day). g. The applicant shall not operate more than four (4) days per week (e.g. Monday, Tuesday,Wednesday, Saturday OR Sunday, Monday, Tuesday, Wednesday, etc.). h. The indoor training shall conducted between the hours of 9:00 a.m. — 8:30 p.m. This decision is deemed final and the twenty-eight (28) day time frame to seek judicial review was from the date of this order denying reconsideration under Idaho Code 67-6535(2)(b). IT IS SO ORDERED, this day of May 2015. CITY OF EAGLE, IDAHO Ada County, Idaho A,E •, S&L_ me D. Reynol I ` 447 o+PTE O•' ayor >.14 I V; Q ti•I /447114;), ATTEST: ••� '••••:•• ,�k, ••` S P,, Sharon . Bergmann Eagle City Clerk ORDER GRANTING APPEAL-2 K:APlanning Dept AEagle ApplicationsV APPEALS\2015VAA-02-15 final order2 Honter.doc