Findings - CC - 2022 - CU-11-22 - Conditional Use Permit For A Change Of Nonconforming Use BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT FOR )
A CHANGE OF NONCONFORMING USE )
FOR DAN FRISON )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-11-22
The above-entitled conditional use permit application came before the Eagle City Council for their action
on August 23,2022,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. PROJECT SUMMARY:
Dan Frison, represented by Craig Kulchak, is requesting conditional use permit approval for a
change of nonconforming use to allow an addition to the existing accessory structure (located
within the required side yard setback). The .65-acre site is located on the east side of East Stadler
Court approximately 1,000-feet south of the intersection of North Edgewood Lane and East Stadler
Court at 1726 East Stadler Court(Lot 12,Block 10,Melvin's Eagle Pointe Subdivision No. 6).
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:00 PM,on Friday,February 2,2022,in compliance
with the application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on June 30,2022.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on July 6, 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 July 14, 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 July 13,2022.The site was posted in accordance with the Eagle City
Code on July 22,2022.
Notice of Public Hearing on the applications 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
August 5, 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 August 4,2022. The
site was posted in accordance with the Eagle City Code on August 04,2022.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
The City Council approved the preliminary plat for Melvin's Eagle Point Subdivision No. 6 on
January 12, 1993.
The City Council approved the final plat for Melvin's Eagle Point Subdivision No. 6 on
March 9, 1993.
E. COMPANION APPLICATIONS:None.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Neighborhood Residential R-4(Residential) Single-family home
Proposed No Change No Change Addition to existing
accessory structure
North of site Neighborhood Residential R-4(Residential) Single-family home
South of site Neighborhood Residential R-4(Residential) Single-family home
1
East of site Neighborhood Residential R-4(Residential) Single-family home
West of site Neighborhood Residential R-4(Residential) 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 10, Melvin's Eagle Pointe
Subdivision No. 6)with an accessory structure located on the north side of the home in proximity
to the northern property line.
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SITE DESIGN INFORMATION:
SITE DATA: PROPOSED: REQUIRED:
Total Area of Site 28,314-square feet(existing) 8,000-square feet
(minimum)
11,
Area and Percentage of Site 4,448-square feet(approximately) llowe-square feet max.
Devoted to Building Coverage 15.7%(proposed coverage) allowed
40%(maximum coverage)
Percentage of Site Devoted to N/A N/A
Landscaping
Number of Parking Spaces 6-spaces(including 3 covered) 2-spaces(including 1
(existing) covered)
Front Setback 20-feet 20-feet(minimum)
Rear Setback 25-feet 25-feet(minimum)
Side Setback(south property 7.5-feet 7.5-feet(minimum)
line)
Side Setback(north property 5-feet(for the existing accessory 7.5-feet(minimum for all
line) structure only) structures other than the
existing accessory structure)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The site currently contains two (2) buildings (one (1) residential home and one (1) accessory
structure). The applicant is proposing an addition to the existing accessory structure (shop).
Height and Number of Stories of Proposed Buildings:
The proposed addition to the accessory structure is to include an additional 504-square feet and is
a single-story structure with a proposed height of 14'-3"to match the roof height and pitch of the
existing accessory structure.
Gross Floor Area of Proposed Buildings:
Existing home(inclusive of attached garage footprint): 3,416-square feet
Existing accessory structure: 528-square feet
Proposed accessory structure addition: 504-square feet
Total: 4,448-square feet
On and Off-Site Circulation:
Access to the property is from an existing 45-foot-wide driveway which provides access to East
Stadler Court.
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K. PUBLIC SERVICES AVAILABLE:
The property is currently served by central services including Veolia(central water provider) and
Eagle Sewer District.
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 and eastern property lines 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: Not required
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P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments,which appear to be of special concern, are noted below:
Central District Health
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
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF
THE CITY COUNCIL'S FINDINGS OF FACT:
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.
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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-4(Residential)zone:
Maximum Minimum
Zoning Maximum Interior Street Minimum
District Height Front Rear Side Side Lot Lot Area Lot
Covered Width
R-4 35' 20' 25' 7.5' 20' 40% 8,000 Sq. 70'
• 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.
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C. DISCUSSION(based on the site plan, date stamped by the City on June 30, 2022):
• The existing accessory structure(shop)was constructed in 1993 with a side yard setback of 5-
feet, which at the time of construction was in conformance with the required Eagle City
setbacks. Presently,the required side yard setback within the R-4(Residential)zoning district
is 7.5-feet. Since the existing structure is located within the city's current required side yard
setback, the structure is recognized as a nonconforming use. The applicant is requesting
approval of a change of nonconforming use to allow the existing accessory structure to remain
so that an addition to the existing structure can be constructed. The site plan identifies an
expansion to the existing structure.
• Note#2 of the recorded plat for Melvin's Eagle Pointe Subdivision No. 6 states that a 5-foot-
wide side yard easement exists on both sides of each side property line. An approval of the
requested revision to reduce the side yard setback to 5-feet will not conflict with the required
side yard easement.
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 and standard
conditions of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on August
1,2022,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 no one.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of CU-11-22 for a conditional use permit for a change
of nonconforming use to allow the existing accessory structure to remain in its current location and to permit
an addition the same accessory structure (the addition complies with the required 7.5-foot side yard
setback), for Dan Frison,with the site specific conditions of approval and standard conditions of approval
provided within their findings of fact and conclusions of law document,dated August 15,2022.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on August 23, 2022, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
C. Oral testimony in opposition to the application was presented to the City Council by no one.
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COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-11-22 for a change of nonconforming use to allow the existing
accessory structure to remain in its current location and to permit an addition to the same accessory structure
(the addition complies with the required 7.5-foot side yard setback), for Dan Frison, with the following
Planning and Zoning Commission recommended site specific conditions of approval and standard
conditions of approval with underline text to be added by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The applicant shall submit payment to the City for all engineering and legal fees incurred for
reviewing this application 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 retain the existing accessory structure(shop)in its current location and
construct an addition to the existing accessory structure(shop)as shown on the site plan,date
stamped by the City on June 30,2022. The applicant shall not encroach any farther into the required
side yard setback area. If the existing shop is ever to be removed,nothing shall be built within 7.5-
feet of the side(north)property line.
3. The following setbacks and lot coverage requirements shall apply for existing accessory structure for
the subject property:
Front: 20-feet
Rear: 25-feet
Side(north): 5-feet(for the existing accessory structure(aka shop)
Side(north): 7.5-feet(for the accessory structure addition and all other structures)
Side(south): 7.5-feet
Maximum Lot Coverage: 40%
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.
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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.
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.
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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.
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.
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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 Council reviewed the particular facts and circumstances of the proposed conditional use (CU-11-
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 accessory structure which is located within the required side 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
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change the essential character of the same area since the applicant is required to construct the
addition to the accessory structure in conformance with the front, rear, and side yard (south)
setbacks and shall not encroach any farther into the required northerly side yard setback area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses, since the addition to
accessory structure will be consistent with the architecture of the existing accessory structure,
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;
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 structure 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 East Stadler 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 13th day of September, 2022.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
c.
Jason ier e,Mayor
ATTEST:
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K:\Planning Dept\Eagle Applications\CU\2022\CU-11-22 1726 E.Stadler Ct-Kulchak\Working Files\CC\CU-11-22 Kulchak ccf.docx