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Findings - PZ - 2022 - CU-03-22 - Shotwell - Conditional Use Permit For A Change Of Nonconforming Use BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A CONDITIONAL USE PERMIT FOR ) A CHANGE OF NONCONFORMING USE ) FOR CRAIG R. SHOTWELL ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-03-22 The above-entitled conditional use permit application came before the Eagle Planning and Zoning Commission for their recommendation on April 4,2022,at which time public testimony was taken and the public hearing was closed. The Eagle Planning and Zoning 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: Craig R.Shotwell is requesting conditional use permit approval for a change of nonconforming use to allow an addition to the existing residence(located within the required front yard setback). The 2.00-acre site is located on the north side of the terminus of West Rush Court at 741 West Rush Court. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on site at 6:00 PM, on Friday, December 10, 2021, 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 11, 2022. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on February 25, 2022, in accordance with the requirements of the Eagle City Code. 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 18,2022.Notice of this public hearing was mailed to property owners in accordance with the requirements of Title 67,Chapter 65, Idaho Code and Eagle City Code on March 15, 2022. The site was posted in accordance with the Eagle City Code on March 16,2022. Page 1 of 11 K:\Planning Dept\Eagle Applications\CU\2022\CU-03-22 Shotwell\CU-03-22 Shotwell pzf.docx D. HISTORY OF RELEVANT PREVIOUS ACTIONS: The City Council approved Ordinance No.368,for an annexation and rezone of the subject property from RUT (Rural-Urban Transition — Ada County designation) to R-E (Residential-Estates) on March 21, 2000. The ordinance took effect on May 22, 2000, after publication. E. COMPANION APPLICATIONS:None. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Estate Residential R-E(Residential-Estates) Single-family home Proposed No Change No Change Addition to existing home North of site Estate Residential R-E(Residential-Estates) Single-family home South of site Estate Residential R-E(Residential-Estates) Single-family home East of site Estate Residential R-E(Residential-Estates) Single-family home West of site Estate Residential R-E(Residential-Estates) Single-family home G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA,or DSDA. H. EXISTING SITE CHARACTERISTICS: The site consists of an existing single-family home (Lot 12, Block 1, Ranch Estates Subdivision) with an accessory structure located on the east side of the home in proximity to the southern property line. SITE DESIGN INFORMATION: SITE DATA PROPOSED REQUIRED Total Acreage of Site 2.00-acres 1.8-acres(minimum) Percentage of Site Devoted to Building 9,756-square feet 15%(maximum)(13,068- Coverage (approximately) square feet) Percentage of Site Devoted to N/A N/A Landscaping Number of Parking Spaces 12-spaces(including 4 2-spaces(including 1 covered) covered) Front Setback 30-feet 50-feet Rear Setback 75-feet(based on addition to 30-feet(minimum) accessory structure) Side Setback(south property line) 35-feet(based on addition to 20-feet(minimum) accessory structure) Side Setback(north property line) 65-feet 20-feet(minimum) Page 2 of 11 K:\Planning Dept\Eagle Applications\CU\2022\CU-03-22 Shotwell\CU-03-22 Shotwell pzf docx J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing a future addition to the residential dwelling. The site currently contains two(2)buildings(residential home and accessory structure). Height and Number of Stories of Proposed Buildings: At this time, it is unknown the number of proposed stories,however,the applicant will be required to construct the addition in conformance with Eagle City Code. Gross Floor Area of Proposed Buildings: Existing home(inclusive of attached garage) 2,123-square feet (footprint) Addition(two-stories) Up to(5,500-square feet) Accessory structure(inclusive of addition) 2,133-square feet Total 9,756-square feet On and Off-Site Circulation: Access to the property is from an existing 45-foot-wide driveway which provides access to West Rush Court. K. PUBLIC SERVICES AVAILABLE: The property is currently served by an individual well and septic system. 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—none Evidence of Erosion—no Fish Habitat—no Floodplain—no Mature Trees—yes, along the southern property line and in proximity to the existing dwelling. 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 Page 3 of 11 K:\Planning Dept\Eagle Applications\CU\2022\CU-03-22 Shotwell\CU-03-22 Shotwell pzf.docx 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 Eagle Fire Department Idaho Transportation Department 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 Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL:No provisions of special concern. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code, Section 8-1-2: Rules and Definitions: FRONT YARD: A yard extending between the side lot lines across the front of a lot and from the front lot line to the front of the principal building. Page 4 of 11 K:\Planning Dept\Eagle Applications\CU\2022\CU-03-22 Shotwell\CU-03-22 Shotwell pzf.docx LOT COVERAGE: The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot,expressed as a percentage. NONCONFORMING USE: A building, structure or use of land existing at the time of enactment of this title, and which does not conform to the regulations of the district in which is situated. SETBACK LINE: A line established by this title, generally parallel with and measured from the lot line (except for front setback), defining the limits of a yard in which no building or structure may be located aboveground except as may be provided herein. YARD: A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from three feet (3') above the general ground level of the graded lot upward; provided, accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility. • Eagle City Code, Section 8-2-4: Schedule of Building Height and Lot Area Regulations for the R-E(Residential-Estates)zone: 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 8-5-2: Authority To Continue Nonconforming Use: If a lawful use involving individual structures,or of a structure and land in combination,exists at the effective date hereof that would not be allowed in the district under the terms of this title, the lawful use may be continued so long as it remains otherwise lawful,subject to the following provisions: C. Change Of Nonconforming Use:Any nonconforming use of a structure and land may,upon the issuance of a conditional use permit by the Council, be changed to another nonconforming use; provided, that the Council shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change,the Council may require appropriate conditions and safeguards in accord with other provisions of this title. Upon the change of a nonconforming use to another nonconforming use through the issuance of a conditional use permit,the terms and provisions of the conditional use permit shall prevail and the previous nonconforming use rights shall no longer exist. If any term or condition of the conditional use permit is violated, the conditional use permit may be revoked, at which time the use will be considered an illegal use. Thereafter,the use and zoning shall conform to those permitted or conditional uses allowed under the zoning code in effect at that time. Pursuant to Eagle City Code Section 8-5-2(C), any nonconforming use of a structure and land may,upon the issuance of a conditional use permit by the Council,be changed to another nonconforming use; provided that the Council shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. Page 5 of 11 K:\Planning Dept\Eagle Applications\CU\2022\CU-03-22 Shotwell\CU-03-22 Shotwell pzf.docx C. DISCUSSION(based on the site plan, date stamped by the City on February 11, 2022): The existing home was constructed in 1991 with a front setback of 30-feet, which at the time of construction was in conformance with the required Ada County setbacks. The property was subsequently annexed and rezoned to R-E(Residential-Estates)by the City of Eagle on March 21, 2000. The required front setback within the R-E (Residential-Estates) zoning district is 50-feet. Since the home was located within the city's required front setback the home is recognized as a nonconforming use. The applicant is requesting approval of a change of nonconforming use to allow an addition to the existing home. The site plan identifies a "Future House Remodel and Expansion Site." The site plan shows a portion of the expansion site will still encroach into the required front setback area; however, it will not encroach as far as other portions of the existing home. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, if City Council approves the applicant's request of a change of a nonconforming use, then staff recommends the site specific 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, 2022, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no one(not including the applicant/representative). C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by two(2)individuals who indicated the following: • They purchased within the neighborhood for peace and quiet.If the house is rented out for an airbnb in the future, it will have a negative impact on the neighborhood. • The addition to the home will block the neighbors view of Bogus Basin. • The applicant is proposing to have two(2)dwellings located within the property. COMMISSION DELIBERATION: Upon closing the public hearing,the Commission discussed during deliberation that: • Since the applicant is only proposing an addition to the home the use and proposed addition will be harmonious with the neighborhood. COMMISSION DECISION: The Commission voted 5 to 0 to recommend approval of CU-03-22 for a conditional use permit for a change of nonconforming use to allow an addition to the existing residence (located within the required front yard setback), for Craig R. Shotwell, with the following staff recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Commission and strikethrough text to be deleted by the Commission: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project prior to the issuance of a certificate of occupancy and/or upon receipt of an invoice by the City,whichever occurs first. Page 6 of 11 K:\Planning Dept\Eagle Applications\CU\2022\CU-03-22 Shotwell\CU-03-22 Shotwell pzf docx 2. The applicant is permitted to construct an addition to the existing house as shown on the site plan, date stamped by the City on February 11, 2022 April 4, 2022. The applicant shall not encroach any farther into the required front yard setback area. Front 40 feet Rear 30 feet Side(north) 20 feet Strout Sido Not Applicable Maximum Coverage 15% 4. The applicant shall obtain a zoning certificate from the City of Eagle Planning and Zoning Department prior to issuance of a building permit. (ECC 8-7-2[A]). 5. The proposed residential addition shall not encroach any farther into the front yard setback area than the existing dwelling, all remaining setbacks shall be in conformance with Eagle City Code Section 8- 2-4. 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: 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 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 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. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Page 7 of 11 K:\Planning Dept Eagle Applications\CU\2022\CU-03-22 Shotwell\CU-03-22 Shotwell pzf.docx 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. Streetlight 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 streetlights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or homeowner's/business owner's association,whichever the case may be. The applicant shall pay applicable streetlight 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 officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." Page 8 of 11 K.\Planning Dept\Eagle Applications\CU\2022\CU-03-22 Shotwef\CU-03-22 Shotwell pzf docx 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 Parks and Pathways Development Commission for a path or walkway shall be approved in writing by the Eagle City Parks and Pathways Development Commission 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 staff and the City Engineer 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 floodplain (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 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. Page 9 of 11 K:\Planning Dept\Eagle Applications\CU\2022\CU-03-22 Shotwell\CU-03-22 Shotwell pzfdocx 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. 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 Commission reviewed the particular facts and circumstances of the proposed conditional use(CU- 03-22)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 Eagle City Code Section 8-5-2(C),which states that any nonconforming use of a structure and land may, upon the issuance of a conditional use permit by the Council, be changed to another nonconforming use. The Commission has determined that the proposed use is equally appropriate to the district than the existing nonconforming use; 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), (as shown within the findings provided within this document), since there are no inconsistencies with the Comprehensive Plan and since a change of nonconforming use to allow the an addition to the existing residential dwelling which is located within the required front yard setback area is permitted with the approval 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 applicant is required to construct the addition to the residential dwelling in conformance with the rear and side yard setbacks and shall not encroach any farther into the required front yard setback area; D. Will not be hazardous or disturbing to existing or future neighborhood uses, since the addition to residential dwelling will be consistent with the architecture of the existing home and with other buildings in the area; E. Will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water 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; Page 10 of 11 K:\Planning Dept\Eagle Applications\CU\2022\CU-03-22 Shotwell\CU-03-22 Shotwell pzf.docx 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 beyond the residential dwelling addition. The entire project will be privately funded by the applicant; 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 as conditioned herein; H. The property has an existing driveway from West Rush Court which is designed to not create an interference with traffic on surrounding public thoroughfares as approved by Ada County Highway District and any future driveway access points will require the approval of Ada County Highway District; 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 since the applicant is not proposing to remove any trees. 2. 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. DATED this 18t day of April, 2022. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County,Idaho , . ,j-- ) Trent Wright,Chairman A 1. EST: : <4 . PTE '•. Tracy E. orn, Eagle City Clerk t / y s:_ E— - U•o / Q' a, Q : *'••.. .. ''$ STA` .••° Page 11 of 11 K.\Planning Dept\Eagle Applications\CU\2022\CU-03-22 Shotwell\CU-03-22 Shotwell pzf docz