Findings - CC - 2016 - AA-03-16 - Appeal Regarding Nonconforming Use ConditionsBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
AN APPEAL OF AI -01-15 ADMINISTRATIVE
FINDINGS, CONCLUSIONS, AND
CONDITIONS FOR IDAHO MATERIALS
AND CONSTRUCTION (IMC)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER AA -03-16
The above -entitled appeal application ("application") came before the Eagle City Council for their action
on October 11, 2016. The 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:
The Council confirms and includes herein by reference the findings of fact established in the Zoning
Administrator's Administrative Findings, Conclusions, and Conditions document, dated July 26, 2016,
attached hereto as Exhibit A.
A. PROJECT SUMMARY:
IMC, represented by David Krueck with GBSO Law, is appealing the Zoning Administrator's
Administrative Findings, Conclusions, and Conditions regarding the nonconforming use conditions
established in response to neighbor complaints received against IMC. The IMC site is located on the
south side of State Highway 44, south of the intersection of State Highway 44 and State Highway 55, at
2755 E. State Street.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on August 15, 2016. Supplemental
information was received on October 4, 2016.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 26, 2016, the Zoning Administrator issued Administrative Findings, Conclusions, and
Conditions regarding the nonconforming use conditions established in response to neighbor complaints
received against IMC (AI -1-15), attached hereto as Exhibit A.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT MEMORANDUM, DATED
OCTOBER 4,2106:
A. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARING THIS
APPEAL:
• Eagle City Code Section 8-7-4-1: APPEALS:
Appeals to the council concerning interpretation or administration of this title may be taken by any
person aggrieved or by any officer or bureau of the legislative authority affected by any decision of
the administrator. Such appeal shall be taken within twenty (20) days after the decision of the
administrator by filing with the administrator and with the council a notice of appeal specifying the
grounds upon which the appeal is being taken. The administrator shall transmit to the council all the
papers constituting the record upon which the appeal is based.
An appeal stays all proceedings in furtherance of the action taken unless the administrator certifies to
the council after the notice of appeal is filed with him that by reason of facts stated in the application,
Page 1 of 3
RVIanning Dept\Eagle Applications\APPEALS\2016\AA-03-16 Appeal of AI -1-15 IMC ccf.docx
a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall
not be stayed other than by a restraining order which may be granted by the council or by a court
based upon an application, with notice to the administrator showing due cause.
B. DISCUSSION:
• The applicant has submitted the appeal application in accordance with Eagle City Code Section 8-
7-4-1.
• Attached for your review are both the applicant's appeal documents and the Zoning
Administrator's Administrative Findings, Conclusions, and Conditions.
• Staff will provide an overview and review of the attached documents during the City Council
meeting.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM,
DATED OCTOBER 4,2106:
With the facts submitted herein, staff defers comment on this matter to the City Council.
PUBLIC MEETING OF THE CITY COUNCIL:
A. A meeting to consider the application was held before the City Council on October 11, 2016, at which
time testimony was taken. The Council made their decision at that time.
B. Oral testimony in favor of this application was presented to the City Council by no one (other than the
applicant/representative). The applicant's representative, David Krueck with GBSO Law, provided
testimony clarifying that IMC acknowledged that it had expanded its nonconforming use by using
property that was not included in the original Ada County conditional use permit to stockpile gravel,
store machinery, and house storage shed(s). Mr. Krueck also indicated that IMC has since stopped using
the above mentioned property.
C. Oral testimony in opposition to this application was presented to the City Council by one (1) individual
representing the Lakeland Estates Homeowners' Association, who expressed the following concerns:
• The conditional use permit was granted 46 years ago; the permit should have expired after about
30 years.
• There has been an expansion of use. Once the gravel on the property ran out, the use should have
ceased at that time. The activity of hauling gravel material onto the site [for the purpose of batching
concrete] is not/should not be allowed.
• The activity of hauling gravel material onto the site has caused a significant amount of distress to
the neighbors.
• We cannot continue on with a use like this within a residential area into the future without a
limitation.
• Would the neighbors like the use shut down tomorrow? Yes, they probably would. However, they
recognize that this is not a reasonable solution. The neighbors support the parameters of the
Administrative Findings, Conditions, and Conclusions.
COUNCIL DELIBERATION:
The Council discussed during deliberation that the Administrative Findings, Conclusions, and Conditions
established by the Zoning Administrator (Exhibit A) should be upheld. There has been a change in the
primary use of the site from active gravel extraction and concrete batch processing to the current activity
of hauling material (gravel) from offsite and concrete batch and that represents a substantial addition or
extension of the nonconforming use. The estimated time and operation and the additional number of years
(beyond 30 -years from 1970) also appears to represent a substantial change in use and expanded scope as
it relates to the 1970 Ada County conditional use permit.
Page 2 of 3
K:Tlanning Dept\Eagle Applications\APPEALS\2016\AA-03-16 Appeal of Ai -1-15 IMC ccf.docx
COUNCIL DECISION:
The Council voted 4 to 0 to deny AA -03-16 for an appeal for Idaho Materials and Construction for the
reasons identified under the Council Deliberation section above.
The Council confirms and includes herein by reference the conditions established in the Zoning
Administrator's Administrative Findings, Conclusions, and Conditions document, dated July 26, 2016,
attached hereto as Exhibit A.
CONCLUSIONS OF LAW:
The Council reviewed the particular facts and circumstances of this appeal application (AA -03-16) with
regard to the Eagle City Code Title 8, and based upon the information provided, concludes that denial of
the appeal is in accordance with Eagle City Code Section 8-7-4-1. Further, the Council confirms and
includes herein by reference the conclusions of law established in the Zoning Administrator's
Administrative Findings, Conclusions, and Conditions document, dated July 26, 2016, attached hereto as
Exhibit A.
DATED this 15`s day of November 2016.
CITY COUNCIL
.•0"S' EAC
OF THE CITY OF EAGLE
.•`� O;.•••••:F �'•,
rQ
Ada County, Idaho
�'�`�: O RA
so
�. •'•.
Stan Ridgeway, Mayor
t>KM*`` 4, T .�
•,,�� Tq OF
ATTEST:
I,E ����
''��•.�. 1...••••
Sharon . Bergmann, Eagle City Cle
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.
Page 3 of 3
K .Planing DeptlEagle Applications\APPPALSU2 il6WA-03- iS Appeal of Al -I-15 IMC ccf.docx