Findings - CC - 2016 - CU-06-16 - Waiver To Reduce Side Yard Setback/1343 N Ballantyne LnIi 51 X11 pwlil
CASE NUMBER CU -06-16
The above -entitled conditional use pen -nit application came before the Eagle City Council for their action
on July 26, 2016, 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. P9G4EGT-WVVA-RA`
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with the application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on April 21, 2016.
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 June 13, 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 June 8, 2016. The site was posted in
accordance with the Eagle City Code on June 23, 2016, Requests for agencies' reviews were
transmitted on April 22, 2016, in accordance with the requirements of the Eagle City Code.
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
Ju ly 11, 2016, Notice of th is public hearing was mai led to property owners with in 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 July 7, 2016. The site was posted in accordance with the
Eagle City Code on July 8, 2016.
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K IP anning DrpE\Es& A;apNicationsCLT�-1006CU06-06 Setback Wgvcr Pearwy Wdoc
G. DESIGN REVIEW OVERLAY DISTRICT: The site is not in the DDA, TDA, CERA, or DSDA
overlay districts.
The site consists of one (1) residential dwelling unit located on Lot 2, Block 2, within the Scotch
Subdivisiorf.
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KTbr1MHgDqz\F-aWC Applica4iDns\CM2016\Ck,1.0&165coback Waiver Denney eddoc
COMP PLAN
ZONING
DESIGNATIO - N ------------------------
-DESIGNATION
Residential Estates
R -E (Residential Estates)
Single Family Residential
---------------
Dwelling
MUMMMMI
No Change ------
IFNo Ch - a . nge
F Residential Estates
R -E (Residential Estates) M
Single Family Residential
Dwelling
South of site
Residential Estates
R -E (Residential Estates)
Single Family Residential
J
Dwelling
East of site
Residential Estates
R -E (Residential Estates) M
Single Family Residential
-- — ---- - ----
- —
I Dwelling
--------------------
West of site
Residential Estates
R -E (Residential Estates) ME
#
I
WMAIAM111
G. DESIGN REVIEW OVERLAY DISTRICT: The site is not in the DDA, TDA, CERA, or DSDA
overlay districts.
The site consists of one (1) residential dwelling unit located on Lot 2, Block 2, within the Scotch
Subdivisiorf.
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KTbr1MHgDqz\F-aWC Applica4iDns\CM2016\Ck,1.0&165coback Waiver Denney eddoc
SITE DATA
PROPOSED
REQUIRED
Total Acreage of Site
1.09 Acres
(78,408 square feet)
1.8 Acres (minimum)
Percentage of Site Devoted to Building
7.6% (approx.)
15% (maximum)
Coverage (entire site)
Percentage of Site Devoted to Landscaping
N/A
N/A
Number of Parking Spaces
N/A
N/A
Front Setback (house)
53 -feet
50 -feet (minimum)
(accessory structure)
92 -feet (p r.)
Rear Setback (house)
217 -feet
30 -feet (minimum)
(accessory structure)
186 -feet
Side Setback (South, accessory structure)
I 0 -feet
20 -feet (minimum)
Number and Uses of Proposed Buildings: One (1) RV storage building.
Height and Number of Stories of Proposed Buildings: 20 -feet, single story.
Gross Floor Area of Proposed Buildings. 576 -square feet.
On and Off -Site Circulation: The site is fronted by a public collector street and is served by a
driveway.
The site is serviced by Eagle Fire Department. The site is serviced by an individual well and septic
system.
PUBLIC USES PROPOSED- None proposed.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
Areas of Critical Environmental Concern — none
Evidence of Erosion — no
is Habitat — no
Floodplain — no
Mature Trees —yes, located adjacent tothe southern boundary I ine
Riparian Vegetation — no
Steep Slopes — no
Stream/Creek — yes, irrigation ditch on the South and West sides of property
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K TlanningDepiTagle AppliationSTUL016TU•06-16 Setback Waiver Denoeyeddoc
Unique Plantno
Unstable Soils — no
Wildlife Vabitat —
7JT57kiJ[..-fl M.
Qr'Rff-T4=- 01
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:
Eagle Fire Department
Idaho Transportation Department
Tesoro Logistics NW Pipeline
LETTERS FROM THE PUBLIC (attached to staff report):
Correspondence received from Sarah Tregay, date stamped by the City on June 27, 2016,
R. EAGLE CITY CODE SECTION 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL
USES:
111FIR!" ri-E-TJF
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 R' 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 fiiture 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 condons 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
1. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
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K 0anning DeptTapft Appfiution%l=006TU-0&16 SLIhack WmverDeftficy ccrdoc
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 8-2-4.- Schedule of Building Height and Lot Area Regulations:
Minimum
Lot Area
Maximum Lot (Acres Or Minimum
Zoning Maximum Interior Street Covered F And Square Feet) Lot
DistrictHeight Front Rear Side Side J* H* Width I*
R -E 351 50' 30' 201 3s' 15% 1.8 Acres 100,
G. All front load garages shall be set back a minimum of 25 -feet from the back of sidewalk.
Eagle City Code, Section 8-2-4(A)(5): Setback Reductions:
Upon the submittal of the waiver application and findings adopted by the zoning administrator
addressing compliance with the following criteria, accessory structures may be permitted to be
located within a minimum of 15 -feet of the rear property line:
a. Be compatible with the scale and design of the structures and overall existing development
pattern of the surrounding area;
b. Not impair reasonable or appropriate use of adjoining properties;
c. Not result in greater impacts on natural resources;
d. Not impair sight distances on public or private roads; and
e. If authorized, the waiver may only be granted for the minimum amount necessary to
achieve the stated purpose of the waiver sought.
f. The applicant shall provide written approval of the setback reduction from all adjoining
property owners at the time of application submittal. If written approval cannot be
obtained, then the city shall notify the adjoining property owners and inform them in
writing about the applicant's setback reduction. The adjoining property owners shall have
10 calendar days from the decision date to appeal. In the event of a denial, the applicant
shall be allowed to appeal the zoning administrator's decision. If no appeal is submitted,
the decision is final.
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;
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K kPlanning DeptkEagle AppheationACLA2016TU-06-16 Setback Warow Dopey cef doc
D. 11111 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
1. 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:
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.
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).
—Xke'2YXliC-2Xt �'Rs 50�XiXe-y ?- otifithiaz"se lemmit ?X1liczt4x reAuestixg approval of a side
yard setback waiver to reduce the south side setback for a proposed accessory structure from
20 -feet to I 0 -feet. The applicant indicated within the provided narrative, date stamped by the
City on April 21, 2016, that their intention is to construct an accessory structure to house
recreational vehicles.
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K Tlsnnung DeptTagle ApplimnansTMOMCU-06-M Sahsck Waver Denney ccfdac
Pursuant to Eagle City Code Section 8-2-4(A)(5), upon the submittal of the waiver applicatio
and findings adopted by the zoning administrator addressing compliance with the following
criteria, accessory structures may be permitted to be located within a minimum of 15 -feet of
the rear property line:
a. Be compatible with the scale and design of the structures and overall existing developme
pattern of the surrounding area;
b. Not impair reasonable or appropriate use of adjoining properties;
c. Not result in greater impacts on natural resources;
d. Not impair sight distances on public or private roads; and
e. If authorized, the waiver may only be granted for the minimum amount necessary to
achieve the stated purpose of the waiver sought.
f The applicant shall provide written approval of the setback reduction from all adjoining
property owners at the time of application submittal. If written approval cannot be
obtained, then the city shall notify the adjoining property owners and inform them in
writing about the applicanfs setback reduction. The adjoining property owners shall have
10 calendar days from the decision date to appeal. In the event of a denial, the applicant
shall be allowed to appeal the zoning administrator's decision. If no appeal is submitted,
the decision is final.
Eagle City Code Section 8-2-4(A)(5) addresses accessory structures located within the rear
yard setback, however, it does not specifically address accessory structures located within the
side yard setback. As a result, the applicant is pursuing a conditional use permit for a waiver to
reduce the side yard setback (as described above).
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 f conclusions:
A. Will, in fact, constitute a conditional use as established in Idaho Code Section
§67-6512(o, which states that 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;
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
because an RV storage structure will be unlikely to cause long term harm to the
character of the area and will likely generate better aesthetics than leaving the RVs
uncontained;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. Will be served adequately by essential pubUc facilities such as highways, streets,
police and fire protection, drainage structures, refuse disposal, well and septic,
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
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K Oanning DepiTigic Applicationz%Cll.P�.'w016,CU� D6 61 Snback WiOver Dnncy ecr dac
facilities # services and will notbe detrimental to the economic- of
G. Will not ! processes, . ,. equipment . 1conditionso
operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of trafflc, noise, smoke, fumes, glare or odors;
H. Will have vehicular approachestothe propertydesignedas notto create
an interference with traffic on ! .ing public thoroughfares;and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of ma or ! !
ilOTE: In the event a Standard I A 1 of Approval1 i Site Specific Condition
!
iI contained SpecificCondition1Approvalcontrol.
PROVIDEDSTAFF RECOMMENDATION THE
REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site speci
conditions of approval and standard conditions of approval provided within the staff report.
PUBLIC COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on July
2016, ! - ! public closed. Commission ,!
their recommendation
B. • # opposition # the application was presented to the Planning and Zoning Commissi
by one (1) individual (representing two (2) parties) who indicated the following concerns:
The Eagle City Code regarding conditional use permits may not be in compliance with the State of
Idaho 1. # „ utilizing . conditional use permit !
This application could set a precedent that could lead to more neighbors violating the setback
requirements of the subdivision.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (other! ! I
Upon closing the public hearing, the Commission discussed during deliberation that:
Future setback v! # R occur withoutrigorous process #` gain conditional
use permit approval.
setbacksBased upon testimony received, the side setback reduction proposal is not only inconsistent with the
r required by but r may be •requirements forth
the subdivision CC&Rs.
It appcars from aerial images that the property to the North of the site has existing structures closer to
the property .' ! allow.
The Commission voted 3 to # (Koellisch and Smith absent)to recommend approval of I !
for 9!
conditional use permit for a side yard setback waiver for Butch and Ida Denney, with the site specific
�411 rovided within their Findings of Fact and
Conclusions of Law document, dated July 18, 2016
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K VRlaaning Dept\Eagle Applicalioa$tCU OI OCU•Ob-16 Setback Waiver Deaney cef doc
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on July 26, 2016, 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 (other than the
applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-06-16 for a conditional use permit for a rear yard setback waiver
for Butch and Ida Denney, with the following Planning and Zoning Commission recommended site
.r
I d' ions of a roval and standard conditions of a roval with underlined text to be add
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K Tlanning DepMAWC ApplicatiarloWMOWCU-06-16 Setbuk Waiver Denocy ccfdac
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. T&i
2pproved 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 nr
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
issueR;.
8, 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 w 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 prior to issuance of any building pen -nits 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.
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K Tlinning MT9WASIc AppkatiaWCLYIN IMCU-0&V6 SMbork Wsiva Dcaneycddor
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14. Any e reation 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 • be shown on the final plat prior to issuance of a building
permit or Certificate • 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 • 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 • 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 •,
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K Vlannitig DepIkEafftc APP1icx1inm5C1A20161CU4)&16 Setback Wadver Denney cef doe
Certificate of Occupancy, whichever occurs first.
9. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicabl
County, State and Federal Codes and Regulations shall be complied with. All design and constructio
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by th
Commission and/or Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff ma
elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission R
review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than thos
required by the above conditions, will require submittal of an application for modcation an
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 applicatiot
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulator
and legal restrictions in force at the time the applicant or its successors in interest advises the City C
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of sai
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use i
sought.
24. No change in the terms and conditions of this approval shall be valid unless they are in writing an
signed by the applicant or the applicant's authorized representative and an authorized representative c
the City of Eagle. The burden shall be upon the applicant to obtain written confirmation of any cbang
from the City of Eagle.
25. Approval of R' 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.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of the proposed conditional use (CU -06-
16) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses" and has
concluded that the proposed conditional
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(o,
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;
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K TImmano Deptgic ApplicadansTM101MCU46-16 Setback Waiver Nartey cd doe
B. Will beharmonious#'in accordanceobjectives or ! '
objective of the Eagle Comprehensive Plan and/or this title (Eagle City Code Title 8), since there
are no inconsistencies with the Eagle Comprehensive Plan and Eagle City Code. Also, pursuant to
Idaho Code Section §67-6512(o, exceptions or waivers of standards may be approved through the
issuance of a conditional use permit;
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;
E. Will be served adequately by public police! fire
protection, drainage structures, refuse disposal, well and septic, 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 A ! -1requirementspublic ! public and
and will not be detrimental to the economic welfare of the community since the infrastructure i��
already in place to serve the single-family dwelling unit;
G. Will not 1uses,activities,processes,
will be detrimental to any persons, property or the general welfare by reason of excessive
production oftraffic, noise,smoke,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 since the site is served by an existing driveway;
!
2, Pursuant to Eagle City Codeconditional
establishing binding precedent ! grant other conditionalpermits.
DATED this 9th day of Augua, 2016,
CITY COUNCIL
OFT E CITY OF EAGLE
ty, Ia
.RPo %
wt.
Stan Ridgeway, Mayor"6
ATTEST: ���� � ��� %
1 A
Sharon ergmann, Eagle City -1erk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request R
regulatory taking analysis
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K lµ"imnning Dcpi .moc Appolin ionsTI.R2016t$:4Y-C&I6 SdIback Waiver Denney cefduc