Findings - PZ - 2023 - CU-02-23 - 2344 E Dunyon Street - Conditional Use Permit for a Building Height Exception and Waiver of Accessory Dwelling Unit Maximum Square Footage and Front Setback Wavier for Greg Andersen BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR A )
CONDITIONAL USE PERMIT FOR A BUILDING )
HEIGHT EXCEPTION AND WAIVER OF )
ACCESSORY DWELLING UNIT MAXIMUM )
SQUARE FOOTAGE AND FRONT SETBACK )
WAIVER FOR GREG ANDERSEN )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-02-23
The above-entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on May 1, 2023, at which time public testimony was taken and the
public hearing was closed. The Eagle Planning and Zoning Commission having heard and taken oral and
written testimony, and having duly considered the matter, makes the following Findings of Fact and
Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Greg Andersen, represented by Jay Gibbons, is requesting conditional use permit approval for an
accessory building height exception to 32-feet, 1.5-inches, waiver of the accessory dwelling unit
(ADU) maximum square footage, and a front setback waiver. The .7-acre site is located on the
northwest corner of South Parkinson Street and East Dunyon Street at 2344 East Dunyon Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 12:00 PM, Saturday on November 12, 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 February 17, 2023. A revised narrative was
submitted to the City on February 27,2023.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on February 24, 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 April 14, 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 April 14, 2023. The site was posted in accordance with the Eagle
City Code on April 19,2023.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Compact Residential R-4(Residential) Single-family dwelling
Proposed No Change No Change Accessory structure with accessory
dwelling unit
North of site Compact Residential R-4(Residential) Single-family dwelling
South of site Mixed Use MU(Mixed Use) Commercial and mobile homes
East of site Compact Residential R-4(Residential) Single-family dwelling
West of site Compact Residential R-4(Residential) Single-family dwelling
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA, or DSDA.
H. URBAN RENEWAL DISTRICT: Yes.
I. EXISTING SITE CHARACTERISTICS:
The site consists of a single-family dwelling and a detached accessory structure with an attached
carport. The front porch of the single-family dwelling encroaches into the front setback.
J. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site .7-acres(30,492-square feet) 8,000-square feet(minimum)
Percentage of Site Devoted to Building 17.9% 40%(maximum)
Coverage
Percentage of Site Devoted to N/A N/A
Landscaping
Number of Parking Spaces 10+(4-covered) 3.5 (including two [21
covered)
Front Setback 13.3-feet 20-feet(minimum)
Rear Setback 16.6-feet 25-feet(minimum)
Side Setback 20.9-feet 7.5-feet(minimum)
Street Side Setback 43-feet 20-feet(minimum)
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K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing a two (2) story structure containing a 2,000-square foot garage and a
1,011-square foot accessory dwelling unit (ADU) contained within the second floor of the
structure.
Height and Number of Stories of Proposed Buildings:
The accessory structure is proposed to be 32-feet, 1 '/2—inches in height. The proposed accessory
building will have two(2)floors.
Gross Floor Area of Proposed Buildings:
The structure is proposed with a 2,000-square foot garage and a 1,011-square foot accessory
dwelling unit(ADU) located within the second story.
On and Off-Site Circulation:
The site has access from East Dunyon Street from a single driveway located approximately 120-
feet west of the intersection of East Dunyon Street and North Parkinson Street. The applicant is
proposing an additional new driveway to provide access to the proposed accessory structure.
L. PUBLIC SERVICES AVAILABLE:
The site receives potable water from Veolia Water of Idaho and central sewer service from Eagle
Sewer District. The property receives fire protection from the Eagle Fire Department and police
protection from the Eagle Police Department.
M. PUBLIC USES PROPOSED:None.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
O. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees—yes— located in proximity to the residential dwelling adjacent to the north, south,
and east property line
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—no
Unique Plant Life—no
Unstable Soils—no
Wildlife Habitat—no
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required.
Q. 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:
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
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R. LETTERS FROM THE PUBLIC:None received.
S. 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 PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS
THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S
FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The Comprehensive Plan Land Use Map(adopted November 15, 2017), designates this site as the
following:
Compact
Suitable for single family residential, row houses, duplex and four-plexes. Densities range from 4
units per acre to 8 units per acre.
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B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2-1: Districts Established, Purposes and Restriction:
R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential
neighborhoods. Gross density in an R district shall be determined according to the numeral
following the R. The numeral designates the maximum number of dwelling units per acre.
Multi-family and two-family units/developments are prohibited in R-1,R-2, R-3, R-4 and R-5
zoning districts, unless approved as part of a planned unit development (PUD). Centralized
water and sewer facilities are required for all subdivision and parcel division applications
submitted after the effective date hereof in all districts exceeding one dwelling unit per two
(2) acres (R-E). Whenever there is a conflict or difference between the provisions of this
section and those of other chapters and/or other titles, the chapter or title with the more
restrictive provision shall prevail.
• Eagle City Code Section 8-2-3: Schedule of District Regulations:
An accessory dwelling unit is a permitted use within the R(Residential)zoning district.
A contractor's yard and/or shop is a prohibited use within the R(Residential)zoning district.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
--- - -- --
Minimum Yard Setbacks Minimum
Note Condit
ions A To E* — Maximum Lot Area
--- -- Lot (Acres Or Minimum
Zoning Maximum ' 1 Interior Street 1 Covered F Square Lot
District Height Front Rear I Side Side i And J* Feet)H* Width I*
R-4 35' 20' 25' 7.5' 20' 40% 8,000 i 70'---
• Eagle City Code Section 8-3-3: Supplemental Yard and Height Regulations:
B. Fences:
1. In any front yard area, no fence or wall shall be permitted which materially impedes
vision across such yard above the height of two and one-half feet (21/2') measured
from the centerline grade of the adjacent street. Picket style fences where fifty
percent (50%) of the fence remains open may be permitted up to four feet (4') in
height. Chainlink fencing is prohibited in any front yard area.
2. New fencing located adjacent to any street identified as a collector or arterial on the
master street map typologies map in the Eagle comprehensive plan, and on the street
side of all corner lots, shall be an open fencing style such as wrought iron or other
similar see through, decorative, durable fencing material, except as otherwise may be
permitted in subsection 8-2A-7J of this title. Any wooden fence that existed prior to
the effective date hereof, may be rebuilt upon the fence's original footprint provided
the fence has a picture frame appearance as shown in the EASD book.
3. Chainlink fencing is prohibited in the R(Residential)Zoning District.
4. A permit is required prior to the construction of a fence in any front yard area and
along any street within the City subject to the application requirements established in
section 8-7-2 of this title.
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• Eagle City Code Section 8-3-5: Unique Land Uses:
Certain unique land uses pose special problems that may have detrimental influences on
surrounding land uses. The following performance standards for such unique land uses shall
be adhered to in addition to all other provisions of this title:
A. Accessory Structure:
3. Accessory structures two hundred (200) square feet in area or larger shall comply
with the minimum setbacks as required in section 8-2-4 of this title and shall be
limited to a maximum height of twenty five feet (25'). Accessory storage buildings
located within the R-E zoning district shall be limited to a maximum height of thirty
feet(30'). Accessory structures located within the A and A-R zoning districts shall be
limited to a maximum height of thirty five feet(35');
4. The placement and use of any shipping/cargo container, railroad cars, truck vans,
converted mobile homes, travel trailers, recreational vehicles, bus bodies, vehicles,
and similar prefabricated items and structures as an accessory structure or living unit
is prohibited; and
5. Notwithstanding the provisions set forth in this section, the temporary placement of
transport containers and/or portable site storage containers on residentially zoned
properties, or on properties the primary use of which are residential, for the limited
purpose of loading and unloading household contents shall be permitted for a period
of time not exceeding thirty (30)days in any one(1)calendar year.
U. Accessory Dwelling Units:
2. The maximum size of the accessory dwelling shall be as follows:
Lot Size Accessory Dwelling
Unit Maximum Size
17,000 square feet to 39,999 square feet 800 square feet
Note:
6. All accessory dwelling units require a zoning permit to be issued prior to the issuance
of a building permit.
9. Exterior design of the accessory dwelling unit will be compatible with the principal
residence on the lot and not detract from the single-family appearance of the lot or
obscure and confuse the front entrance of the principal structure.
• Eagle City Code Section 8-7-3-1: Purpose and Interpretation of Conditional Use:
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.
• Eagle City Code Section 8-7-2: Zoning Permits and Certificates of Occupancy:
A. Zoning Permit:
1. Permit Required: No building or other structure shall be erected, moved, added to or
structurally altered, nor shall any building, structure or land be established or
changed in use without a permit therefor issued by the administrator. Zoning permits
shall be issued only in conformity with the provisions of this title.
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C. DISCUSSION (based on the Existing Site Conditions plan set, date stamped by the City on
February 17, 2023, applicant's narrative, date stamped by the City on February 27, 2023,and the
(Andersen Residence — Detached Shop + ADU plan set [architectural drawings], date stamped
by the City on February 17, 2023):
• The applicant's narrative indicates the site currently contains an existing residence and a
contractor's yard. Pursuant to Eagle City Code Section 8-2-3, a contractor's yard and/or shop
is a prohibited use in the R-4 (residential) zoning district. The applicant should be required to
eliminate the contractor's yard located within the subject property prior to the issuance of a
zoning permit.
• The applicant's narrative indicates they are requesting the following allowances for the
project: 1) a building height exception from 25-feet to 32-feet, 1.5-inches, 2) a waiver of the
maximum square footage of an accessory dwelling unit from 800-square feet to 1,000-square
feet, 3) waiver of the front setback based on the location of the existing enclosed front porch,
4) replace a portion of the solid fence located adjacent to the street with 4-foot open style
(wrought iron) fence, and 5) replacement of the chain link fence with 6-foot open style
(wrought iron)fence.
Request#1
• Pursuant to Eagle City Code Section 8-3-5(A)(3), the maximum height permitted for an
accessory structure is 25-feet. Also, pursuant to Eagle City Code Section 8-7-3-2: General
Standards for Conditional Uses, the Commission/Council shall find adequate evidence
showing that the proposed use is 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 area.
Although the applicant's request for a height exception for the accessory structure does not
exceed the maximum height allowed for a residential dwelling unit,there are no two(2)story
structures located in proximity to the subject site. The architectural drawings show the
structure has a significant amount of area located between the roof of the accessory dwelling
unit and the ceiling of the shop area(see Figure#1). It also appears the applicant is proposing
vaulted ceilings within the accessory dwelling unit. The applicant should provide revised
architectural drawings showing the peak of the roof to not exceed 25-feet in height. The
revised architectural drawings should be provided prior to issuance of a zoning certificate.
Figure#1
Do
❑Q
o-
BUILDING SECTION
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Request#2
The subject property is 30,492 square feet in size. Pursuant to Eagle City Code Section 8-3-
5(U)(2), 800 square feet is the maximum size permitted for an accessory dwelling unit
located on property 17,000 square feet to 39,999 square feet in size. The applicant is
requesting an approval for a waiver of the maximum size of the accessory dwelling unit. The
applicant has not provided justification as to the request for the increased size of the
accessory dwelling unit. The architectural drawings show and identify the accessory dwelling
unit at 1,011 square feet in size. The applicant's proposal is based on the accessory dwelling
unit being located over half of the garage area of the accessory structure. If the accessory
dwelling unit were to be located at ground level connected to the garage it would allow for a
reduction in size of the unit and reduce the height of the overall structure. The applicant
should be required to provide a revised architectural drawing showing the accessory dwelling
unit not to exceed 800 square feet in size. The revised architectural drawing should be
provided prior to submittal of a building permit application.
Request#3
The applicant is requesting a waiver of the front setback based on the location of the existing
enclosed front porch. Within the provided narrative, the applicant indicated that the front
porch was enclosed prior to the city annexing the property. The front porch is located 13.3-
feet from the front property line located adjacent to East Dunyon Street. Based on the timing
of the annexation, the front setback should be 13.3-feet for the existing enclosed front porch
only. All future additions to the existing home or new structures should be in conformance
with Eagle City Code Section 8-2-4.
Request#4
The applicant constructed a solid wood fence located along the entire frontage of North
Parkinson Street and approximately 114-feet of the frontage of East Dunyon Street without a
fence permit. Pursuant to Eagle City Code Section 8-3-3(B), in any front yard area, no fence
or wall shall be permitted which materially impedes vision across such yard above the height
of two and one-half feet (21/2') measured from the centerline grade of the adjacent street.
Also, fencing located adjacent to the street side of all corner lots should be open style
fencing. The applicant is requesting to replace only a portion of the existing wooden solid
style fence with 4-foot open style fencing (wrought iron). The Site Plan contained within the
Existing Site Conditions plan shows approximately 93-feet of the existing wooden solid fence
along North Parkinson Street will remain in place. The applicant should be required to
provide a revised Site Plan showing all of the existing 6-foot wooden fence located adjacent
to North Parkinson Street and East Dunyon Street replaced with a 4-foot high wrought iron
fence. The revised Site Plan should be provided at the time of submittal of a fence permit
application. The existing solid wood fence should be removed prior to the issuance of a
zoning permit.
Request#5
The subject property currently has a 6-foot-high chain link fence approximately 174-feet in
length located along East Dunyon Street. Pursuant to Eagle City Code Section 8-3-3(B)(3),
chain link fencing is prohibited in the R (Residential) zoning districts. The applicant is
requesting to replace the existing 6-foot-high chain link fence with a 6-foot-high wrought iron
fence. Since wrought iron fencing is recognized by Eagle City Code to be a permitted open
style fencing the applicant should be permitted to replace the 6-foot high chain link fence.
The applicant should replace the existing 6-foot-high chain link fence located along East
Dunyon Street with a 6-foot-high wrought iron fence prior to the issuance of a future building
permit.
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• The existing accessory structure located on the subject property has a carport connected to the
north elevation. The City has no record of a building permit associated with the addition of a
carport to the existing accessory structure. The applicant should be required to either remove the
carport connected to the existing accessory structure or obtain a building permit for the carport
prior to submittal of a building permit application for a second accessory structure.
PUBLIC HEARING OF THE COMMISSION(Public Hearing Audio/Video Record):
https://ea lg eid.granicus.com/player/clip/1725?view_id=1&redirect=true&h=6c5eba3779a83e8lblf3e540f
Od3946b
A. A public hearing on the application was held before the Planning and Zoning Commission on May 1,
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 DECISION:
The Commission voted 5 to 0 to recommend approval of CU-02-23 for a conditional use permit for an
accessory building height exception to 32-feet, 1.5-inches, waiver of the accessory dwelling unit (ADU)
maximum square footage, and a front setback waiver, with the following staff recommended site specific
conditions of approval and standard conditions of approval with underline text to be added by the
Commission and strike through text to be deleted by the Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The applicant shall submit payment to the City for all engineering fees 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 shall eliminate the contractor's yard located within the subject property prior to the
issuance of a zoning certificate. (ECC 8-2-3)
3 The.minimum f ent sett ek of the pFineipal residential dwelling shall be 13.9 feet.
4. The applicant shall obtain a zoning permit from the City of Eagle Planning and Zoning Department
prior to the issuance of a building permit(ECC 8-3-5 [U][6] and 8-7-2[A]).
5. Provide revised architectural drawings showing the peak of the roof to not exceed 27.1 24-feet in
height. The revised architectural drawings shall be provided prior to issuance of a zoning certificate.
(8-3-5[A])
6.
feet in size. The r-evised aFehiteetum!dr-awing shall be provided prior-to subfnit4al of a building permit
applieftfiefl.
7. The front setback shall be 13.3-feet for the existing enclosed front porch only. All future additions to
the existing home or new structures shall be in conformance with Eagle City Code Section 8-2-4.
8. Provide a revised Site Plan showing all of the existing 6-foot wooden fence located adjacent to NeFth
Parkinson Street and East Dunyon Street replaced with a 4-foot high wrought iron fence. The revised
site plan shall also show the southern 45-feet of the existing 6-foot high wooden fence located
adjacent to North Parkinson Street replaced with a 4-foot high wrought iron fence and the remaining
northern 143-feet of the existinp? 6-foot high wooden fence replaced with a solid fence which has a
picture frame appearance. (EXHIBIT"A")
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The revised Site Plan shall be provided at the time of submittal of a fence permit application. The
existing solid wood fence shall be removed prior to the issuance of a zoning certificate. (ECC 8-3-
3[B][1 and2])
9. The applicant shall replace the existing 6-foot-high chain link fence located along East Dunyon Street
with a 6-foot-high wrought iron fence prior to the issuance of a building permit.
10. The applicant shall either remove the carport connected to the existing accessory structure or obtain a
building permit for the carport prior to submittal of a building permit application for a second
accessory structure.
11. The exterior design of the new accessory structure shall be constructed with materials which are
compatible with the principal dwelling,
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 and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement, and no
runoff shall cross any lot line onto another lot except within a drainage easement.
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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, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, 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 prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
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 used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company, ditch association,or other irrigation entity associated with such
ditch, pipe or other structure,or canal. The applicant shall submit a copy of the written approval from
the irrigation 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.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust,trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
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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 be 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 Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee 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 Eagle
City Pathway/Greenbelt Committee 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 Flood Plain (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.
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.
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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.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of the proposed conditional use
(CU-02-23) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses"
and has concluded that the proposed conditional uses:
A. Will, in fact, constitute a conditional use as established in Eagle City Code Section 8-2-3 since a
height exception and waivers of the accessory dwelling unit (ADU) maximum square footage,
front setback, and fencing style adjacent to a street may be permitted within the R-4 zoning
district with the approval 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), since there are no inconsistencies with the
Comprehensive Plan and since a height exception and waivers (with the exception of use) are
permitted with a conditional use permit, and the applicant will be required to meet conditions of
approval required herein;
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 required to construct the
new accessory structure/dwelling unit to match the exterior elevations and roofing materials of
the principal dwelling. The applicant is also required to replace a portion of the existing 6-foot
high cedar fence located adjacent to North Parkinson Street with a six-foot high solid fence which
has a picture frame appearance(EXHIBIT"A");
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the proposed
accessory structure/dwelling unit will be located within a residential lot of an existing subdivision
and the property will only be utilized for residential purposes;
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, as noted in the documentation provided from said agencies and as
required as a part of the conditions of approval;
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 will
bear all costs of development;
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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, since the transportation system has
been found to be adequate by ACHD and the proposed residential use is not expected to generate
any 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 as approved by the ACHD;and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance, since the applicant is not proposing to remove any trees and there are no scenic or
historic features of major importance on the site.
2. In accordance with Eagle City Code 8-7-3-l(C), the Commission concludes that the height exception
and waivers of the accessory dwelling unit (ADU) maximum square footage, front setback, and
fencing style adjacent to a street, does not impact any adjacent residential lots since the height of
accessory structure will be commensurate with existing and future structures located within close
proximity to the subject property. Also, the accessory dwelling unit will be located within the
proposed accessory structure, the enclosed porch and solid fence adjacent to the street have been in
existence for several years.
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 15th day of May,2023.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada C nty, Idaho
Trent Wright, Chairman
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