Findings - CC - 2018 - AA-01-18 - Require The Cessation Of All Automotive Sales, Automotive Repair And Automotive Storage At 2511 E Hill RdBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPEAL OF THE
ZONING ADMINISTRATOR'S DECISION
TO REQUIRE THE CESSATION OF ALL
AUTOMOTIVE SALES, AUTOMOTIVE
REPAIR, AND AUTOMOTIVE STORAGE
ON THE PROPERTY LOCATED AT 2511
E. HILL ROAD, EAGLE, IDAHO
FINAL ORDER DENYING
APPEAL AA -01-18
The above -entitled appeal came before the Eagle City Council for their action on October 9, 2018, at
which time testimony was taken and their decision was made. The City Council, having heard and taken
oral and written testimony, and having duly considered the matter, makes the following Findings of Fact
and Conclusion of Law and authorizes the Mayor to sign this Order;
FINDINGS OF FACT:
A. This appeal was filed in accordance with Eagle City Code Section 8-7-4-1 on September 10,
2018. Supplemental information (applicant's justification letter) was received by the City on
October 3, 2018.
B. The City of Eagle Zoning Administration Memorandum (with associated documents - 42 pages in
total) dated, October 4, 2018, is incorporated herein by reference.
C. The Zoning Administrator's decision dated, August 21, 2018, is incorporated herein by reference.
D. The October 9, 2018, City Council meeting minutes are incorporated herein by reference.
E. Joseph Thompson ("Appellant") rents the property located at 2511 E. Hill Road, Eagle, Idaho
("Property").
F. The Property is zoned R-3 Residential.
G. Appellant provided testimony to the City Council stating that approximately fourteen (14)
vehicles stored outdoors on the Property are not licensed nor registered in his name and that the
vehicles are offered for sale. Appellant also affirmed that he makes repairs to the vehicles while
on the Property.
H. At the Request of the Mayor/City Council, the Zoning Administrator read the following
information contained on appellants Instagram page into the record (found on page 35 within
Zoning Administration Memorandum), picture following excerpt:
"Bumpside Treasures: A pickup we're putting together for a client. Very limited budget, so no
body work to speak of, but it's a rust free '67 shell on a '69 Highboy chassis. Freshly rebuilt 300
inline 6, a 4 -speed and other typical Highboy drive -train. Tilted on the '69. It gets shipped or
driven to Illinois once we're through! Need to finish up the assembly, and add tires. Several
hashtags following."
FINAL ORDER - 1
K:1I'lanning I)epa.agk Applications1APPEALS120181AA-OI-I8 Joseph Thompson Appeal final order.doc
bumpudetiemuies • follow
bumpsidetreasures A pickup we're putting
together for a dent. Very limited budget
so no body work to speak of, but its a rust.
free 67 shel: on a'69 Highboy chassis
Freshly rebuilt 300Inline 6, a 4 -speed and
other typical Highboy droe•train Titled on
the 69.15 gets shipped or driven to Uhnon
once we're through• Need to finish up the
assembly. and add tees ebumpsdc
aliens 14s4 ehighboy Hord struck 11250
afo.dera Vmaketrucksgreatagain
r nir.rwdrt-r 4ol.imnc.n-r.-a<r.n nrnrn
207 likes
log ri I blot n • ommrnt
H. At the Request of the Mayor/City Council, the Zoning Administrator reads the following
information contained on appellants Instagram page into the record (found on page 29 within
Zoning Administration Memorandum), picture following excerpt:
Bumpside Treasures: "'69 Highboy work in progress. The before shot can be seen early in our
profile, with a big Toad of hay, when we owned her. The new owner has been in the process of a
complete restoration for the last 18 months. Great! Series of hashtags."
bumpsidetreasu.es • Fallow
bumpsidctreasures -69 Highboy work in
progress. The before shot can be sem early
on in our profile, with a big load of hay, when
we owned her The new owner has been in the
process of a complete restoration for the last
18 months. Great! abumpnde *ford *highboy
11969 ef250 *390 aford390 eyed aoldtruck
*recto lclassiccar *burldfordtough efordblue
eblueoval *restoration edaho 14,4
*fourwheelmg afrontend *beast
vintage_rnems_new rarer
dreaming.al elsewhere sick
82 l.kns
int- ,.i•.cm.c.
I. At the Request of the Mayor/City Council, the Zoning Administrator displays the following
information contained on the appellant's Instagram page on the document camera (found on page
42 within Zoning Administration Memorandum):
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K \Planning Dept\.aglc Apphsauum\AP19'ALS\2u1t;LAA-111-1% Jir<eph Thompson Appeal final nrdsr dos
bumpsideireas.res • Ft/Nur
bumpsrdetreasures *bumps.desjust keep
Bring up here at Bumpsrdetreasures shop in
erdaho 1 Lots more inventory in store eforsale
scone Contact us fora head -start on what's
nem! *ford ►fordtruck *pickup *fsenes *f250
e1100 efordsof nstagram sclass.ccar
eclassictruck eblueoval efordera eoldcar
mrsidahopageant We love this•
blackandyellowpavement '1 Awesome post
wildhoneyelo @Jeremiah lopezl
grasslady So sweet.
174 likes.
1;r
log in io re nr comment
STAFF ANALYSIS PROVIDED WITHIN THE ZONING ADMINISTRATION
MEMORANDUM:
A. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS APPEAL:
• Eagle City Code Section 8-3-2 (C) SUPPLEMENTAL GENERAL PROVISIONS:
In addition to all other regulations as specified in this title, the following provisions shall be
adhered to:
C. Parking And Storing Of Certain Vehicles: Automotive vehicles or trailers of any kind or type
without current license plates shall not be parked or stored on any residentially zoned property
other than in a completely enclosed building or carport. Further, no boats, motor homes or other
recreational vehicles may be parked more than seventy two (72) consecutive hours in front of any
residentially zoned property. One boat and one recreational vehicle may be stored in the side or
rear yard.
• Eagle City Code Section 8-2-3 SCHEDULE OF DISTRICT USE REGULATIONS:
District regulations shall be as set forth in the official schedule of district regulations, in the
performance standards in chapter 3 of this title, and as otherwise provided within this code. The
official schedule of district regulations is divided into five (5) land use groups: agricultural,
residential, commercial, industrial, and public/semipublic. To determine in which district a
specific use is allowed:
A. Find the use in one of the land use groups;
B. Read across the chart until either "P" or "C" appears in one of the columns; and
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C. If "P" appears, the use is an allowed use; if "C" appears, the use is only allowed upon the
issuance of a conditional use permit and/or a development agreement upon rezone to an MU or
BP zoning designation; if no letter appears the use is prohibited.
The administrator shall interpret the appropriate district for land uses not specifically mentioned
by determining the district in which similar uses are permitted. If the administrator determines
that a proposed use is not specifically mentioned and is not similar to any specifically mentioned
use the administrator shall determine that the use is prohibited. When several combined land uses
exist, or are proposed, the most intensive land use shall be considered as the primary activity.
OFFICIAL SCHEDULE OF DISTRICT REGULATIONS
(P - Permitted Use / C - Conditional Use / No P Or C - Prohibited Use)
Districts
L-
A- R- 0 C- C- C- C- M- M- M-
Land Uses A R E R A 1 2 3 CBD 1 j BP 2 3 PS MU
Automotive,
mobile
home, travel
trailer,
and/or farm
implement
sales
Automotive
repair
Automotive
storage
P P C
• Eagle City Code Section 8-7-4-1: APPEALS:
Appeals to the council concerning interpretation or administration of this title may be taken by
any person aggrieved or by any officer or bureau of the legislative authority affected by any
decision of the administrator. Such appeal shall be taken within twenty (20) days after the
decision of the administrator by filing with the administrator and with the council a notice of
appeal specifying the grounds upon which the appeal is being taken. The administrator shall
transmit to the council all the papers constituting the record upon which the appeal is based.
An appeal stays all proceedings in furtherance of the action taken unless the administrator
certifies to the council after the notice of appeal is filed with him that by reason of facts stated in
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K:Wlanning [kpullagk ApplicationsA1'IM:AI ti120I81AA-111-18 Joseph Thompson Appcal final orckr.cloc:
the application, a stay would, in his opinion, cause imminent peril to life and property. In such
case, proceedings shall not be stayed other than by a restraining order which may be granted by
the council or by a court based upon an application, with notice to the administrator showing due
cause.
B. DISCUSSION:
• See attached code enforcement letter dated, August 21, 2018. In addition, Mr. Thompson is
maintaining the property located at 2511 E. Hill Road in violation of Eagle City Code Section 8-
3-2 (C), which states that automotive vehicles or trailers of any kind or type without current
license plates shall not be parked or stored on any residentially zoned property other than in a
completely enclosed building or carport.
PUBLIC MEETING OF THE COUNCIL:
A public meeting on the appeal was held before the City Council on October 9, 2018, at which time
testimony was taken from the appellant and city staff. The Council made their decision at that time.
COUNCIL DECISION:
The Council voted 4 to 0 to deny the appeal request for Joseph Thompson.
CONCLUSIONS OF LAW:
A. The Council reviewed the particular facts and circumstances of this appeal with regard to Eagle City
Code Section 8-7-4-1 "Appeals", and based upon the information provided, concludes:
1. The written request for appeal failed to identify specific deficiencies in the Zoning Administrator's
decision;
2. Oral testimony provided by the appellant affirms that vehicles which are not licensed nor registered
by appellant are stored outdoors on the Property;
3. Oral testimony provided by the appellant affirms that vehicles located on the Property are offered for
sale;
4. Oral testimony provided by the appellant affirms that vehicles located on the Property are repaired on
the property;
5. Oral testimony provided by the appellant affirms that Bumpside Treasures, LLC, is a business entity
which belongs to appellant;
6. Oral testimony provided by the appellant affirms that appellant rents the Property and that the owner
of the Property is aware of the storage, sale, and repair of automotive vehicles on the Property;
7. The City Council has determined the vehicles stored on the Property are in violation of Eagle City
Code Section 8-3-2(C), which Section does not permit the storage of automotive vehicles without
current license plates (other than in a completely enclosed building or carport) on any residentially
zoned property;
8. The City Council has determined the vehicles currently stored, repaired, and offered for sale on the
Property are in violation of Eagle City Code Section 8-2-3 "Schedule of District Use Regulations",
which Section does not permit the storage, repair, or sale of automotive vehicles in the R Residential
zoning district;
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K:IPlanning DeptlEaglc Applications\AI'I'IiALS120181AA-01-1 K Joseph Thompson Appeal final order.doc
if the Applicant or affected person seeking judicial review of compliance with the provisions of Idaho
Code 67-6535 must first seek reconsideration of the final decision within fourteen (14) days from the date
this Order is signed by the Mayor. Such written request must identify specific deficiencies in the decision
for which reconsideration is sought. Upon reconsideration, the decision may be affirmed, reversed, or
modified after compliance with applicable procedural standards. A written decision shall be provided to
the applicant or affected person within sixty (60) days of receipt of the request for reconsideration or the
request is deemed denied. A decision shall not be deemed final for purposes of judicial review unless the
process required in Idaho Code 67-6535 has been followed. The twenty-eight (28) day time frame for
seeking judicial review is tolled until the date of the written decision regarding reconsideration or the
expiration of the sixty (60) day reconsideration period, whichever occurs first.
iT IS SO ORDERED, this 23"' day of October 2018.
CITY OF EAGLE, IDAHO
Ada County, Idaho
Stan Ridgeway
Mayor
ATTEST:
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Sharon K. Bergmann
Eagle City Clerk
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FINAL ORDER - 6
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