Findings - PZ - 2016 - CU-02-16 - Waiver To Reduce Rear Setback On Lot 22 Blk 10/Senora Creek Subd No 2/4022 W Golden BBEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT FOR )
A REAR SETBACK WAIVER FOR )
LOT 22, BLOCK 10, WITHIN SENORA )
CREEK SUBDIVISION NO.2 FOR KRISTIN )
RANNEY }
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU -02 -16
The above - entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on April 4, 2016, at which time public testimony was taken and the
public hearing was closed. The Commission 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:
Kristin Ranney, represented by Ren Tracy with Champion Windows, is requesting conditional use
permit approval for a waiver to reduce the rear setback on Lot 22, Block 10, from 25 -feet to 17-
feet within Senora Creek Subdivision No. 2. The 0.23 -acre site is located on the north side of
Golden Barrel Street approximately 353 -feet east of the intersection of West Golden Barrel Street
and North Nolina Avenue at 4022 West Golden Barrel Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Rembrandt's located at 93 South Eagle Road, Eagle, at 6:00
PM, on Monday, February 1, 2016, in compliance with the application submittal requirement of
Eagle City Code. The application for this item was received by the City of Eagle on February 8,
2016.
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 March 19, 2016. 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 March 17, 2016. The site was posted in
accordance with the Eagle City Code on March 23, 2016. Requests for agencies' reviews were
transmitted on February 16, 2016, in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 28, 2005, the Eagle City Council approved an annexation, rezone, and preliminary plat
applications for Eagle Creek East Subdivision (aka Senora Creek Subdivision No. 2) (A -02-
051RZ -04 -05 & PP- 04 -05).
On July 25, 2006, the Eagle City Council approved a final plat for Eagle Creek East Subdivision
No. 2 (aka Senora Creek Subdivision No. 2) (FP- 05 -06).
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E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT:
The site is not in the DDA, TDA, CEDA, or DSDA overlay districts.
H. EXISTING SITE CHARACTERISTICS:
The site consists of one (l) residential dwelling unit located on Lot 22, Block 10, within Senora
Creek Subdivision No. 2.
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Residential Three
R -3 -DA (Residential with a
Single- Family Residential
development agreement)
(Senora Creek Subdivision
No. 2)
Proposed
No Change
No Change
No Change
North of site
Residential Three
A -R (Agricultural Rural)
Single- Family Residential
(Senora Creek Subdivision
No. 2)
South of site
Residential Three
R -3 -DA (Residential with a
Single - Family Residential
development agreement)
(Senora Creek Subdivision
No. 2)
East of site
Residential Three
R -3 -DA (Residential with a
Single- Family Residential
development agreement)
(Senora Creek Subdivision
No. 2)
West of site
Residential Three
R -3 -DA (Residential with a
Single- Family Residential
development agreement)
(Senora Creek Subdivision
No. 2)
G. DESIGN REVIEW OVERLAY DISTRICT:
The site is not in the DDA, TDA, CEDA, or DSDA overlay districts.
H. EXISTING SITE CHARACTERISTICS:
The site consists of one (l) residential dwelling unit located on Lot 22, Block 10, within Senora
Creek Subdivision No. 2.
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I. SITE DESIGN INFORMATION:
SITE DATA
PROPOSED
REQUIRED
Total Acreage of Site
0.23-acres (10,236 square
feet)
1 0,000- square feet
(minimum)
Percentage of Site Devoted to Building
Coverage
20%
40% (maximum)
Percentage of Site Devoted to
Landscaping
NIA
N/A
Number of Parking Spaces
NIA
NIA
Front Setback (South)
No Change
20 -feet (minimum)
Rear Setback (North)
17 -feet
25 -feet (minimum)
Side Setback (East)
No Change
7.5 -feet (5 -feet additional per
story) (minimum)
Side Setback (West)
No Change
7.5 -Feet (5 -feet additional per
story) (minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to enclose one (1) existing patio.
Height and Number of Stories of Proposed Buildings:
The proposed enclosed sunroom is approximately 10 -feet high, one story.
Gross Floor Area of Proposed Buildings:
The existing single - family dwelling unit and proposed enclosed sunroom is approximately 2,535 -
square feet.
On and Off -Site Circulation:
The site is fronted to a public street and is served by a driveway.
K. PUBLIC SERVICES AVAILABLE:
The site is serviced by Eagle Sewer District, Suez Water Company, and Eagle Fire Department.
L. PUBLIC USES PROPOSED: None proposed
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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N. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees -- no
Riparian Vegetation no
Steep Slopes - no
Stream/Creek- no
Unique Animal Life - unknown
Unique Plant Life .- unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
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:
Central District Health Department
Eagle Fire Department
Idaho Transportation Department
Republic Services
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 End 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
Ere 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;
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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
I. 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: (None)
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8 -24: Schedule of Building Height and Lot Are
Maximum Lot
Zoning Maximum Interior Street Covered F And
District Height Front Rear Side Side J*
R -3 35' 30' 25' 7.5' 20' 40%
a Regulations:
Minimum
Lot Area
(Acres Or Minimum
Square Feet) Lot
H* Width I*
10,000 75'
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
• Eagle City Code, Section 8 -24 (A)(2): Setback Reductions:
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.
• Eagle City Code, Section 8 -7 -3 -2 General Standards for Conditional Use:
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;
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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
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
Eagle City Code, Section 8- 7 -3 -5: Conditional Use Permit:
D. Conditions of Permit: Upon the granting of a conditional use permit, conditions may be
attached to said permit including, but not limited to, those:
I. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on site or off site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this title.
C. IDAHO CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Idaho Code Section 67- 6512(f):
In addition to other processes permitted by this chapter, exceptions or waivers of standards,
other than use, inclusive of the subject matter addressed by section 67 -6516, Idaho Code, in a
zoning ordinance may be permitted through issuance of a special use permit or by
administrative process specified by ordinance, subject to such conditions as may be imposed
pursuant to a local ordinance drafted to implement subsection (d) of this section.
D. DISCUSSION:
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, a zoning
ordinance may be permitted through issuance of a special use permit (conditional use permit).
The applicant has submitted a conditional use permit application requesting approval of a
reduction of the rear setback on Lot 22, Block 10, in Senora Creek Subdivision No. 2, at 4022
West Golden Barrel Street. The applicant indicated within the provided narrative, date
stamped by the City on February 8, 2016, that their intention is to enclose an existing patio
cover with walls (mostly composed of glass) to allow year round use of the patio area. The
applicant is requesting the rear setback be reduced from 25 -feet to 17 -feet.
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Pursuant to Eagle City Code Section 8- 24(A)(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 they do not encroach into easements). It is
the applicant's desire to enclose an existing patio cover to create a sunroom. Since the patio is
existing and the structure will be enclosed with windows, staff recommends the following
setbacks apply for Lot 22, Block 10, in Senora Creek Subdivision No. 2:
Front: 20 -feet
Rear: 17 -feet ( Sunroom Only)
Side: 7.5 -feet (5 -feet additional per story)
• Staff has reviewed the particular facts and circumstances of this proposed conditional use and, in
terms of Eagle City Code Section 8 -7 -3 -2 "A thru I" (required findings for approval of a
conditional use), has made the following conclusions:
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 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 the issuance of a conditional use permit;
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.
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;
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 and covered patio already exists among other single - family dwelling units. And
the covered patio will be enclosed with windows that is appropriate in appearance to the
surrounding area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the
existing covered patio already exists;
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 since the site is already developed and served
by Eagle Sewer District, Suez Water Company, and Eagle Fire Department;
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
infrastructure is already in place to serve the single - family dwelling unit;
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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 a residential use that is not expected to deviate from those activities and the
patio area will be enclosed as a sunroom;
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 there are no scenic or historic features of major importance on the
site.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and standard 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 April 4,
2016, at which time 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).
COMMISSION DELIBERATION: (Granicus time 00:17:06)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The application was very educational regarding required setback requirements for open patio
structures.
COMMISSION DECISION:
The Commission voted 3 to 0 (Guerber absent) to recommend approval of CU -02 -16 for a conditional use
permit for a rear yard setback waiver for Kristin Ranney, with the following staff 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 completion or upon receipt of an invoice
by the City, whichever occurs first.
2. The following setbacks shall apply for Lot 22, Block 10, in Senora Creek Subdivision No. 2:
Front: 20 -feet
Rear: 17 -feet ( Sunroom Only)
Side: 7.5 -feet (5 -feet additional per story)
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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.
STANDARD CONDITIONS OF APPROVAL:
I . 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 stone 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 Iot 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.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, 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
Page 9 of 13
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Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
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 used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation 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. Whether located inside or outside of the public right -of -way the perpetual maintenance of the
street Iights shall be the responsibility of the applicant.
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 Iot 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 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.
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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 advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiverlvariance 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.
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CONCLUSIONS OF LAW:
I. The Commission reviewed the particular facts and circumstances of the proposed conditional use (CU-
02-16) 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, 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 the issuance of a conditional use permit;
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. 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;
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 and covered patio
already exists among other single- family dwelling units; The covered patio will be enclosed with
windows that is appropriate in appearance to the surrounding area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the existing
covered patio already exists;
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 since the site is already developed and served by Eagle Sewer District, Suez
Water Company, and Eagle Fire Department;
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 infrastructure is
already in place to serve the single- family dwelling unit;
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 a residential use
that is not expected to deviate from those activities and the patio area will be enclosed as a
sunroom;
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 there are no scenic or historic features of major importance on the site.
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.
Page 12 of 13
K U'Uming Mpffagk AppLicaik)w% LTQ0MNCU.41'- 16 Rear ticIW- Wai%vr prf.doc
DATED this 18th day of April, 2016.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wrig , Chairman
ATTEST:
V—
Sharon K. Bergmann, Eagle City Jerk
"EAGI.
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Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis
Page 13 of 13
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