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Findings - PZ - 2022 - CU-05-22 - Conditional Use Permit For Waiver Of Lot Coverage BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A CONDITIONAL USE PERMIT FOR) A WAIVER OF LOT COVERAGE ) FOR JARED BORG ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-05-22 The above-entitled conditional use permit application came before the Eagle Planning and Zoning Commission for their recommendation on May 16,2022,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: Jared Borg,represented by Curt Barber, is requesting a conditional use permit to waive the 15%lot coverage requirement of the R-E zone to permit the construction of a 5,400 square foot detached garage building, bringing total lot coverage up to 16.3%. The 1.9 acre site is located on the north side of West Washam Road,at 1450 West Washam Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on site at 6:00 PM, on January 13, 2022. The application for this item was received by the City of Eagle on March 2, 2022. It was determined that the original neighborhood meeting noticing radius was insufficient and a second neighborhood meeting was held on April 19,2022, in compliance with Eagle City Code. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on March 11, 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 April 29, 2022.Notice of this public hearing was mailed to property owners within fifteen-hundred-feet(1,500-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on April 29, 2022. The site was posted in accordance with the Eagle City Code on May 4,2022. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None E. COMPANION APPLICATIONS:None Page 1 of 11 \\Eaglefs2\Common\Planning Dept\Eagle Applications\CU\2022\CU-05-22 1450 Washam Rd.-Borg\working files\P&Z\CU-05-22 Borg pzf docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Large Lot R-E(Residential-Estates) Single-family home Proposed No Change No Change Addition to existing home North of site Large Lot R-E(Residential-Estates) Single-family home South of site Large Lot R-E(Residential-Estates) Single-family home East of site Large Lot R-E(Residential-Estates) Single-family home West of site Large Lot 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 a single family home (a portion of Lot 26,Academy Place Subdivision). SITE DESIGN INFORMATION: SITE DATA PROPOSED REQUIRED Total Acreage of Site 1.9 acres 1.8 acres(minimum) Percentage of Site Devoted to Building 16.3% 15%(maximum) Coverage Percentage of Site Devoted to N/A N/A Landscaping 2-spaces(including 1 Number of Parking Spaces 10+ covered) Front Setback 100+feet(situated o the rear 50 feet(minimum) of the residence) Rear Setback 30 feet 30 feet(minimum) Side Setback 20 feet 20 feet(minimum) Maximum Height 23.6 feet 30 feet J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant has a new single-family home with an attached garage with a footprint totaling 8,121 square feet. The applicant is requesting approval to construct an accessory structure, (detached garage)with a footprint of 5,400 square feet. Height and Number of Stories of Proposed Buildings: The detached accessory structure is proposed to be single story,with an eave height of 16 feet and a peak height of 23.6 feet. Page 2 of 11 \\Eaglefs2\Common\Planning Dept\Eagle Applications\CU\2022\CU-05-22 1450 Washam Rd.-Borg\working files\P&Z\CU-05-22 Borg pzf.docx Gross Floor Area of Proposed Buildings: Existing home 6,654-square feet Existing attached garage 1,467-square feet Proposed accessory structure 5,400-square feet Total 13,521-square feet On and Off-Site Circulation: Access to the property is taken from a U-shaped driveway with access points on Washam Road. K. PUBLIC SERVICES AVAILABLE:The property is currently served by individual well and septic. L. PUBLIC USES PROPOSED: None proposed. M. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—none Evidence of Erosion—none Fish Habitat—none Floodplain—none Mature Trees—none Riparian Vegetation—none Steep Slopes—none Stream/Creek—none Unique Animal Life—none Unique Plant Life—none Unstable Soils—none Wildlife Habitat—none N. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required O. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report: Ada County Highway District Central District Health City of Eagle Trails and Pathways Superintendent Department of Environmental Quality Eagle Fire District P. LETTERS FROM THE PUBLIC:None received to date. Q. 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); Page 3 of 11 \\Eaglefs2\Common\Planning Dept\Eagle Applications\CU\2022\CU-05-22 1450 Washam Rd.-Borg\working files\P&Z\CU-05-22 Borg pzf docx 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 I. 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 AND ADOPTS THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S FINDINGS OF FACT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL:No provisions of special concern. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • 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'(30' 50' 30' 20' 35' 15% 1.8 acres 100' for accessory structures) • 8-3-5: UNIQUE LAND USES: Certain unique land uses pose special problems that may have detrimental influences on surrounding land uses.The following performance standards for such unique land uses shall be adhered to in addition to all other provisions of this title: A. Accessory Structure: 1. Will not be located in any required front or street side yard area within the R-E, R, and MU zoning districts. Accessory structures located with the A and A-R zoning districts Page 4 of 11 \\Eaglefs2\Common\Planning Dept\Eagle Applications\CU\2022\CU-05-22 1450 Washam Rd.-Borg\working files\P&Z\CU-05-22 Borg pzf.docx may be permitted within the front or street side yard area and shall comply with the minimum setbacks as required in section 8-2-4 of this title. The exterior design of the accessory structure will be compatible with the principal residence on the lot and shall not detract from the single-family appearance of the lot or obscure and confuse the front entrance of the principal structure; 2. Accessory structures less than two hundred(200)square feet in area with a wall height of no more than seven feet (7') and a maximum height of no more than nine feet (9') are permitted in any rear or interior side yard area; 3. Accessory structures two hundred (200) square feet in area or larger shall comply with the minimum setbacks as required in section 8-2-4 of this title and shall be limited to a maximum height of twenty five feet(25').Accessory storage buildings located within the R-E zoning district shall be limited to a maximum height of thirty feet(30'). Accessory structures located within the A and A-R zoning districts shall be limited to a maximum height of thirty five feet(35'); 4. The placement and use of any shipping/cargo container, railroad cars, truck vans, converted mobile homes, travel trailers, recreational vehicles, bus bodies, vehicles, and similar prefabricated items and structures as an accessory structure or living unit is prohibited; and 5. Notwithstanding the provisions set forth in this section, the temporary placement of transport containers and/or portable site storage containers on residentially zoned properties, or on properties the primary use of which are residential, for the limited purpose of loading and unloading household contents shall be permitted for a period of time not exceeding thirty(30)days in any one(1)calendar year. • 8-7-3-1: PURPOSE AND INTERPRETATION OF CONDITIONAL USE: A. Purpose: It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these and some other more conventional uses possess characteristics of such unique and special nature relative to location,design,size,method of operation, circulation and public facilities that each specific use must be considered individually. B. Interpretation Of Conditional Use: Any use which is permitted as a conditional use in a district under the terms of this title shall not be deemed a nonconforming use in such district,but shall,without further action,be considered a conforming one. C. Exceptions or waivers of standards within Title 8 or Title 9, other than use, inclusive of the subject matter addressed by Section 8-7-4-2 or Section 9-6-3 "Variances" may be permitted through issuance of a conditional use permit. C. DISCUSSION: • The applicant is proposing to use the conditional use permit process to increase their available lot coverage above what is allowed in the R-E zone. Per Eagle City Code 8-7-3-1, waivers of standards within Title 8 may be permitted through the issuance of a conditional use permit. • The applicant's property is 82,764 square feet in size. The R-E zone allows 15% lot coverage, or 12,414.6 square feet of coverage. The existing residence and attached garaged total 8, 121 square feet of coverage.The remaining square feet available for development is 4,293.4 square feet. • The applicant is proposing a 60' x 90' detached shop building on their property, which totals 5,400 square feet. If the applicant were to reduce the proposed shop to 60' x 70', they would Page 5 of 11 \\Eaglefs2\Common\Planning Dept\Eagle Applications\CU\2022\CU-05-22 1450 Washam Rd.-Borg\working files\P&Z\CU-05-22 Borg pzf.docx not exceed lot coverage per code and could build the reduced shop without a conditional use permit. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on May 16, 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 one(1)individual(not including the applicant/representative)who felt the size was appropriate and the structure would be attractive. C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by no one. COMMISSION DELIBERATION: Upon closing the public hearing,the Commission discussed during deliberation: • What is the City's justification for limiting lot coverage to 15% in the R-E zone? • While both structures will be different colors and materials, they will be compatible in that they are both modem and will have similar black accents and windows. COMMISSION DECISION: The Commission voted 4 to 0 (Wright absent)to recommend approval of CU-05-22 for a conditional use permit for a waiver of lot coverage from 15%to 16.3% to allow construction of a 5,400 square foot shop building,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 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. 2. The applicant is permitted to construct an accessory structure as shown on the site plan,date stamped by the City on March 2,2022.No additional structures shall be permitted on the site. 3. The following setbacks and lot coverage requirements shall apply for the subject property: Front 50-feet Rear 30-feet Side(north) 20-feet Street Side Not Applicable Maximum Coverage 16.3% 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]). 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 Page 6 of 11 \\Eaglefs2\Common\Planning Dept\Eagle Applications\CU\2022\CU-05-22 1450 Washam Rd.-Borg\working files\P&Z\CU-05-22 Borg pzf.docx 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 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. Page 7 of 11 \\Eaglefs2\Common\Planning Dept\Eagle Applications\CU\2022\CU-05-22 1450 Washam Rd.-Borg\working files\P&Z\CU-05-22 Borg pzf docx 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." 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. Page 8 of 11 \\Eaglefs2\Common\Planning Dept\Eagle Applications\CU\2022\CU-05-22 1450 Washam Rd.-Borg\working files\P&Z\CU-05-22 Borg pzf.docx 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. 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- 05-22)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 8-7-3-1 (C), which states exceptions or waivers of standards within Title 8 or Title 9, other than use, inclusive of the subject matter addressed by Section 8-7-4-2 or Section 9-6-3 "Variances"may be permitted Page 9 of 11 \\Eaglefs2\Common\planning Dept\Eagle Applications\CU\2022\CU-05-22 1450 Washam Rd.-Borg\working files\p&Z\CU-05-22 Borg prt'.docx 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), (as shown within the findings provided within this document); 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 architectural styles and colors will be compatible with the primary residence; D. Will not be hazardous or disturbing to existing or future neighborhood uses, since the many properties in the R-E zone utilize detached shop buildings for residential uses; 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; 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 accessory structure.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 Washam Road, 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. 2. In accordance with Eagle City Code 8-7-3-1(C), the Commission concludes that a waiver of lot coverage requirements in the R-E zone, from 15%to 16.3%,may be permitted through the issuance of a conditional use permit. 3. 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 10 of 11 \\Eaglefs2\Common\Planning Dept\Eagle Applications\CU\2022\CU-05-22 1450 Washam Rd.-Borg\working files\P&Z\CU-05-22 Borg pzf docx DATED this 6th day of June, 2022. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County,Idaho d — Trent Wright,Chairman ATTEST: E � � � . • a Tracy E. s rn,002._:: ity Cleo v 1 '4 ,'•.,, y•••.....PrC , Page 11 of 11 \\Eaglefs2\Common\Planning Dept\Eagle Applications\CU\2022\CU-05-22 1450 Washam Rd.-Borg\working files\P&Z\CU-05-22 Borg pzfdocx