Findings - CC - 2023 - CU-18-22 - Conditional Use Permit for A Waiver to Reduce the Rear Yard Setback on Lot 19, Block 9, Riversend Subdivision No. 3 BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT FOR )
A WAIVER TO REDUCE THE REAR YARD )
SETBACK ON LOT 19,BLOCK 9,RIVERSEND )
SUBDIVISION NO.3 FOR MARK AND )
CARISSA SUMMERS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-18-22
The above-entitled conditional use permit application came before the Eagle City Council for their action
on February 14, 2023, 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:
PROJECT SUMMARY:
A. PROJECT SUMMARY:
Mark and Carissa Summers are requesting conditional use permit approval for a waiver to reduce
the rear setback from 25-feet to 10-feet on Lot 19, Block 9, within Riversend Subdivision No. 2.
The .40-acre site is located on the south side of East Riversong Drive approximately 50-feet north
of the intersection of East Garden Brook Drive and East Riversong Drive at 1225 East Riversong
Drive.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 7:00 PM, on Wednesday, September 28, 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 October 25,2022.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on November 2, 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 December 2, 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 December 2,2022.The site was posted in accordance with
the Eagle City Code on December 21,2022.
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
January 25,2023. 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 January 27, 2023.
The site was posted in accordance with the Eagle City Code on February 3,2023.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 23,2001,the City Council approved an annexation and rezone,conditional use permit,
planned unit development preliminary development plan and preliminary plat application for
Riversend Planned Unit Development(A-1-01/RZ-1-01/CU-3-Ol/PPUD-I-01/PP-2-01).
On January 22, 2002, the City Council approved the common area landscaping, clubhouse, and a
restroom facility for Riversend Subdivision(DR-78-01).
On March 16, 2004, the City Council approved a final development plan and final plat for
Riversend Subdivision No. 2 (FPUD-10-03/FP-13-03).
On September 3, 2004, the final plat for Riversend Subdivision No. 2 was recorded at the Ada
County Recorder's Office(Ada County Instrument No. 104113881)
E. COMPANION APPLICATIONS:
Vacation application to vacate two (2) feet of the rear yard public utility and Riversend
Neighborhood Association irrigation easement(VAC-04-22).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Neighborhood
Existing Residential R-2-P(Residential-PUD) Single-family dwelling
Proposed No Change No Change Garage addition to existing
dwelling
Neighborhood
North of site Residential R-2-P(Residential-PUD) Single-family dwelling
Neighborhood
South of site Residential R-2-P(Residential-PUD) Single-family dwelling
Neighborhood
East of site Residential R-2-P(Residential-PUD) Single-family dwelling
Neighborhood
West of site Residential R-2-P(Residential-PUD) Single-family dwelling
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(Lot 19,Block
9,Riversend Subdivision No. 2).
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I. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
17,000-square feet
Total Acreage of Site 17,729-square feet (minimum)
Percentage of Site Devoted to Building 23.8% 40%(maximum)
Coverage
Percentage of Site Devoted to N/A N/A
Landscaping
Number of Parking Spaces 6 2-spaces(including 1
covered)
Front Setback 40-feet 25-feet(minimum)
Rear Setback 10-feet 25-feet(minimum)
Side Setback 12-feet 10-feet(minimum)
Maximum Height 28-feet 35-feet
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant resides within an existing single-family home with an attached garage with a
footprint totaling 3,331-square feet. The applicant is requesting approval to construct an attached
garage with a footprint of 882-square feet.
Height and Number of Stories of Proposed Buildings:
The attached garage addition is proposed to be two story,28-feet in height.
Gross Floor Area of Proposed Buildings:
Existing home 2,569-square feet
Existing attached garage 762-square feet
Proposed garage addition structure 882-square feet
Total 4,213-square feet
On and Off-Site Circulation:
Access to the property is taken from a driveway with an access point on East Riversong Drive.
M. PUBLIC SERVICES AVAILABLE: The property is currently served by central services.
N. PUBLIC USES PROPOSED:None proposed.
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P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—none
Fish Habitat—none
Floodplain—none
Mature Trees—yes—located north,west,and south of the residential dwelling.
Riparian Vegetation—none
Steep Slopes—none
Stream/Creek—none
Unique Animal Life—none
Unique Plant Life—none
Unstable Soils—none
Wildlife Habitat—none
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
R. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report:
Eagle Sewer District
S. LETTERS FROM THE PUBLIC(attached to the staff report):
Correspondence received from Christine and Steve Elwer,date stamped by the City on December
20,2022.
Email received from Andrew and Barbara McNeil,dated December 27,2022.
T. 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;
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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 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-2(Residential)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��35' 130' N
10' n
I
40% I isquare
17,000- 1I75'
feet
• 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 reduce the required rear
yard setback associated with Riversend Subdivision from 25-feet to 10-feet. The rear yard of
the subject property is located adjacent to a subdivision common lot(Lot 1,Block 9,Riversend
Subdivision No.2.Pursuant to Eagle City Code Section 8-7-3-1(C),waivers of standards within
Title 8 Zoning may be permitted through the issuance of a conditional use permit.
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PUBLIC HEARING OF THE COMMISSION(Public Hearing AudioNideo Record):
A. A public hearing on the application was held before the Planning and Zoning Commission on
November 21, 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
three(3)individuals(not including the applicant/representative)who indicated the following:
• The proposed garage is perfectly designed for the property.
• The proposed architecture compliments the existing residential home.
• Based on the irregular shape of the lot the waiver should be approved.
• As proposed,the architecture is the nicest in addition in the subdivision.
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by one (1) individual who indicated they do not support the rear yard setback waiver since it may
establish a precedent for others to make the same request.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission discussed during deliberation that:
• Due to the irregular shape of the lot and the rear property line located adjacent to a common lot the
request should be approved.
COMMISSION DECISION:
The Commission voted 4 to 0 (Guerber absent)to recommend approval of CU-18-22 for a conditional use
permit for a waiver of the rear yard setback, with the site specific conditions of approval and standard
conditions of approval as provided within their findings of facts and conclusions of law document, dated
January 17,2023.
PUBLIC HEARING OF THE COUNCIL(Public Hearing AudioNideo Record):
httos://ea2le-
id.oranicus.com/Dlaver/clip/1687?view id=l&redirect=true&h=9ced55115a3b26371dceed32bdbcdfbf
A. A public hearing on the application was held before the Eagle City Council on February 14, 2023, 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 two(2)individuals
who indicated the following concerns:
• The proposed setback reduction will create future problems within the subdivision based on
previous requests for additions have been constructed pursuant to the approved setbacks.
• The proposed change to the setback should require a 2/3 majority vote of the homeowner's
association.
• The request for reduction of the easement will affect the adjacent common area.
• If the setback reduction is approved,it may create a precedent for others to make the same request.
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COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-18-22 for a conditional use permit for a waiver of the rear yard
setback, 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 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 attached garage as shown on the proposed garage addition
exterior elevations,date stamped by the City on October 25,2022.
3. The following setbacks and lot coverage requirements shall apply for the subject property:
Front 25-feet
Rear 10-feet(north corner of the garage)
Side 10-feet(additional 5-feet/story for two-story structures)
Street Side Not Applicable
Maximum Coverage 40%
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 applicant shall provide a cot) of the Riversend Subdivision Architectural Control Committee's
approval letter at the time of submittal of a buildine permit application.
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
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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 surety 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. Street light 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
street lights 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 street light 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.
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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.
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.
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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-18-
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
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), since there are no
inconsistencies with the Comprehensive Plan and since a waiver of Eagle City Code Section 8-2-
4,Schedule of Building Height and Lot Area Regulation,is permitted with a conditional use permit
within the R(Residential)zoning district;
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 proposing to construct an
attached garage with similar architectural design as the existing dwelling;
D. Will not be hazardous or disturbing to existing or future neighborhood uses, since the attached
garage addition will be consistent with the architecture of the existing home;
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 as noted in responses received by agencies providing the public services or as conditioned
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herein;
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 attached garage 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 Riversong Drive which is designed to not create
an interference with traffic on surrounding public thoroughfares as approved by the 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 there are no scenic or historic features of major importance on the site.
2. In accordance with Eagle City Code 8-7-3-1(C), the Council concludes that a waiver of the rear yard
setback does not impact any adjacent residential lots since the rear property line is located adjacent to
a subdivision common lot.
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.
DATED this 28th day of February, 2023.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
J son fierce,�Mayor
A EST: I&AU
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P�E •••� 0 �:
'PraVy .�Som;Eagle GttClv2c
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