Findings - CC - 2023 - CU-01-23 - Conditional Use Permit for a Waiver of Eagle City Code Sections 8-2-4 and 8-2-1 BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT FOR)
A WAIVER OF EAGEL CITY CODE )
SECTIONS 8-2-4 AND 8-2-1 FOR )
GEORGE FISCHER )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-01-23
The above-entitled conditional use permit application came before the Eagle City Council for their action
on April 25,2023,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:
A. PROJECT SUMMARY:
George Fischer is requesting conditional use permit approval for a waiver of Eagle City Code(8-
2-4) setback requirements in anticipation of a parcel division and to permit an existing accessory
structure to exist upon a parcel without a principal dwelling (ECC 8-1-2). The 5.85 acre site is
located on the south side of Beacon Light Road, at the intersection with Skyview Lane,
approximately 0.4 miles east of Ballantyne Lane at 1275 West Beacon Light Road.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on January 20, 2023. A
Neighborhood Meeting was held on site at 6:00 PM,on Monday February 27,2023,in compliance
with the application submittal requirement of Eagle City Code.
A. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on February 1, 2023, 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 February 17, 2023. Notice of this public
hearing was mailed to property owners within five-hundred-feet(500-feet)of the subject property
in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on
February 17, 2023. The site was posted in accordance with the Eagle City Code on February 22,
2023.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None.
E. COMPANION APPLICATIONS: PD-01-22
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Estate Residential R-E(Residential-Estates) Single-family dwelling
Proposed No Change No Change Two(2) single-family
parcels
North of site AgriculturaURural RUT(Rural-Urban Transition Single-family residential
—Ada County Designation) and agricultural
South of site Estate Residential R-E(Residential-Estates) Single-family residential
subdivision(Pony Hollow
Subdivision)
East of site Estate Residential R-E(Residential-Estates) Single-family residential
subdivision(Lighthouse
Subdivision)
West of site Estate Residential R-E (Residential-Estates) Single-family residential
subdivision(Pony Hollow
Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site—5.85 acres
Total Number of Parcels—2 proposed(1 existing)
Residential-2
Commercial-0
Industrial-0
Common—0
Total Number of Units—2 proposed
Single-family-2
Single-family attached-0
Two-family-0
Multi-family—0
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Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 0.34-units per acre .50-units per acre
(maximum)
Minimum Lot Size 2.019 acres 1.8-acres(minimum)
Minimum Lot Width 190 feet 100-feet(minimum)
Minimum Street Frontage 190 feet 35-feet(minimum)
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees-no
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek: no
Unique Animal Life-unknown
Unique Plant Life-unknown
Unstable Soils-unknown
Wildlife Habitat-unknown
J. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required
K. PUBLIC SERVICES AVAILABLE:
The property is served by existing well and septic systems and the newly created parcel is also
proposed to be served by well and septic.Per Eagle City Code,centralized water and sewer facilities
are required for all subdivision and parcel division applications submitted after the effective date
(August 8,2022)in all zoning districts.However,the City Council may permit the use of individual
well(s)and septic system(s)in the R-E zoning districts upon a determination that the public health,
safety,and welfare will not be negatively impacted.
L. AGENCY RESPONSES:
The following agencies have responded,and their correspondence is attached.
Central District Health.
Eagle Fire District
Eagle Sewer District
Idaho Transportation Department.
M. LETTERS FROM THE PUBLIC:None received to date.
N. 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;
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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:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Estate Residential
A single-family residential area transitioning between agricultural and conventional residential
uses.Densities range from one unit per two acres to one unit per five acres. Small scale agriculture
and horticulture uses are encouraged. Density may be limited due to the limited availability of
infrastructure and roadway capacity.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
ACCESSORY USE OR STRUCTURE:A use or structure on the same lot with,and of a nature
customarily incidental and subordinate to, the principal use or structure. In agricultural and
residential zones accessory uses/structures include, but are not limited to, accessory dwelling
units,detached carports and garages,pool houses and cabanas,amateur radio and satellite dish
antennas, barns, corrals, stables, and similar uses and structures, including accessory storage
buildings. In nonresidential zones accessory uses/structures include, but are not limited to,
detached carports and garages,caretaker's quarters,guardhouses,microwave and satellite dish
antennas,and similar uses and structures.
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• Eagle City Code Section 8-2-1: Districts Established Purposes and Restrictions:
R-E RESIDENTIAL-ESTATES DISTRICT: To provide opportunities for very low density
residential land use compatible with the topography and public service capacities. Gross
density shall not exceed one single-family dwelling unit per two(2)acres.
R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential
neighborhoods. [. . .]Centralized water and sewer facilities are required for all subdivision and
parcel division applications submitted after the effective date hereof in all zoning districts
except the city council may permit the use of individual well(s) and septic system(s) in the A,
A-R and R-E zoning districts upon a determination that the public health, safety, and welfare
will not be negatively impacted.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Zoning Maximum Minimum Yard Setbacks Maximum Minimum Lot Minimum
District Height Note Conditions A To E* Lot Area Lot
Front Rear Interior Street Covered F (Acres Or Square Width I*
_ Side Side And J* Feet)H*
R-E 35' 50' 30' 20' 35' 15% 1.8 acres 100'
• 8-7-3-1: PURPOSE AND INTERPRETATION OF CONDITIONAL USE:
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.
• 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, or section 8-7-3-1 (C) of this chapter,
or as may otherwise be established by this title;
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;
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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.
D. DISCUSSION:
• The applicant has submitted a companion application for a Parcel Division. The minimum
parcel size shown on the parcel division record of survey, is 2.019-acres and meets the
minimum lot size requirement for the R-E(Residential-Estates)zoning district. However,there
is an existing structure on the northerly parcel (Parcel A) that will not meet the minimum rear
setbacks within the R-E zone.
• The applicant is requesting a conditional use permit to waive Eagle City Code 8-2-4 to permit
the non-conforming structures on Parcels A and B to remain in the setbacks until such time that
they are removed.
• There is an existing structure on the southerly parcel (Parcel B) that is proposed to remain
following the parcel division, however, there will not be a residence on the parcel and no
accessory structures are permitted without a primary structure (residence)in residential zones.
• The applicant is requesting a waiver of Eagle City Code 8-1-2, which defines an accessory
structure as"a use or structure on the same lot with, and of a nature customarily incidental and
subordinate to, the principal use or structure," to permit the structure to remain on the new
parcel until such time as a new residence is built on the parcel and the accessory structure is
brought into conformance with ECC for accessory structures.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on March 6,
2023, 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 DELIBERATION:
Upon closing the public hearing,the Commission made a motion based upon the information received and
the testimony provided.
COMMISSION DECISION:
The Commission voted 3 to 0 (Guerber absent, Smith recused himself)to recommend approval of CU-01-
23 for a conditional use permit for a waiver of Eagle City Code Section 8-2-1 and 8-2-4, with the site
specific conditions of approval and standard conditions of approval provided in the findings of fact and
conclusions of law document dated March 20, 2023.
PUBLIC HEARING OF THE CITY COUNCIL:
A. A public hearing on the application was held before the City Council on April 25, 2023, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
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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.
CITY COUNCIL DELIBERATION:
Upon closing the public hearing,the City Council made a motion based upon the information received and
the testimony provided.
CITY COUNCIL DECISION:
The City Council voted 4 to 0 to approve CU-01-23 for a conditional use permit for a waiver of Eagle City
Code Section 8-2-1 and 8-2-4, with the following Planning and Zoning Commission 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 any and all engineering and legal fees incurred for
reviewing this project, prior to the issuance of a building permit and/or upon receipt of an invoice by
the City,whichever occurs first.
2. A building permit will be required to be obtained from the City prior to any construction on either
parcel. All future development on both parcels shall conform to Eagle City Code 8-2-4 regarding
setbacks, lot coverage,and building height.
3. No expansion or modification of the nonconforming shed located on Parcel A shall be permitted and
no additional structures shall be permitted within any setbacks.
4. The structure located on Parcel B is permitted to remain but shall not be expanded nor shall any new
structures be permitted on site until such time that a residence is constructed on the property. At such
time, the existing storage structure shall become the accessory structure and shall adhere to all
requirements of the Eagle City Code related to accessory structures.
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
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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.
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
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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.
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
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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-01-
23) 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), (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 small shed on Parcel A and accessory
structure on Parcel B are in place today and their use are not intended to change;
D. Will not be hazardous or disturbing to existing or future neighborhood uses,since many properties
in the R-E zone utilize detached accessory storage 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;
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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 at this time and once the Parcel Division is complete it will only
create one additional residential parcel;
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 both parcels will continue to access Beacon Light Road from an existing single driveway,
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 Council concludes that a waiver of Eagle City
Code Sections 8-2-1 and 8-2-4 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.
DATED this 9th day of MAY 2023.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
J on Pi rce,Mayor
ATT ST: sts
e,(ALE..,•
o``a o� : o
Tracy E.�C'om, Eagle City Clerk :v ,k72e�� •
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