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Findings - CC - 2019 - AA-03-18 - Appeal Of Demolition Of Existing Home Located At 154 E. Idaho StreetBEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPEAL OF THE ) ZONING ADMINISTRATOR'S DECISION ) REGARDING THE DENIAL OF A ) DEMOLITION PERMIT FOR KITTRIC GUEST ) FINAL ORDER DENYING APPEAL AA -03-18 The above -entitled appeal came before the Eagle City Council for their action on January 22, 2019, at which time testimony was taken and their decision was made. The City Council, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusion of Law and authorizes the Mayor to sign this Order; FINDINGS OF FACT: A. This appeal was filed in accordance with Eagle City Code Section 8-7-4-1 on November 21, 2018. B. The City of Eagle Zoning Administration Memorandum (with associated documents - 30 pages in total) dated, January 15, 2019, is incorporated herein by reference. C. The January 22, 2019, City Council meeting minutes are incorporated herein by reference. D. Kittric Guest ("Appellant") owns the subject property located at 154 E. Idaho Street, Eagle, Idaho ("Property"). E. The Property is zoned CBD (Central Business District). STAFF ANALYSIS PROVIDED WITHIN THE ZONING ADMINISTRATION MEMORANDUM: A. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS APPEAL: • Eagle City Code Section 8-2-3 SCHEDULE OF DISTRICT USE REGULATIONS: District regulations shall be as set forth in the official schedule of district regulations, in the performance standards in chapter 3 of this title, and as otherwise provided within this code. The official schedule of district regulations is divided into five (5) land use groups: agricultural, residential, commercial, industrial, and public/semipublic. To determine in which district a specific use is allowed: A. Find the use in one of the land use groups; B. Read across the chart until either "P" or "C" appears in one of the columns; and C. If "P" appears, the use is an allowed use; if "C" appears, the use is only allowed upon the issuance of a conditional use permit and/or a development agreement upon rezone to an MU or BP zoning designation; if no letter appears the use is prohibited. The administrator shall interpret the appropriate district for land uses not specifically mentioned by determining the district in which similar uses are permitted. If the administrator determines FINAL ORDER - 1 K:Wlanning DeptlEaglc ApplicationslAPPEALS120181AA-03-18 Kittric Guest 1541 E. Idaho Street final order.doc that a proposed use is not specifically mentioned and is not similar to any specifically mentioned use the administrator shall determine that the use is prohibited. When several combined land uses exist, or are proposed, the most intensive land use shall be considered as the primary activity. OFFICIAL SCHEDULE OF DISTRICT REGULATIONS (P - Permitted Use / C - Conditional Use / No P Or C - Prohibited Use) Districts Land A- R- L- C- C- C- C- M- M- M - Uses AR E R 0 A 1 2 3 CBD 1 BP 2 3 PS MU Single- PP P PC C P C family dwelling (existing) Single- PP P PC C C C family dwelling (new) • Eagle City Code Section 8-7-4-1: APPEALS: Appeals to the council concerning interpretation or administration of this title may be taken by any person aggrieved or by any officer or bureau of the legislative authority affected by any decision of the administrator. Such appeal shall be taken within twenty (20) days after the decision of the administrator by filing with the administrator and with the council a notice of appeal specifying the grounds upon which the appeal is being taken. The administrator shall transmit to the council all the papers constituting the record upon which the appeal is based. An appeal stays all proceedings in furtherance of the action taken unless the administrator certifies to the council after the notice of appeal is filed with him that by reason of facts stated in the application, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the council or by a court based upon an application, with notice to the administrator showing due cause. B. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS APPEAL: None FINAL ORDER - 2 IC:Manning Dept1Eiagle Application\APIC ALS12u181AA-u3-18 Kiuric Guest 1541 . Idaho Street final onto -Aloe C. DISCUSSION: On March 11, 2016, the City issued a building permit for a 1,248 -square foot addition to the existing residence located at 154 E. Idaho Street. Existing house shown in photo below. Eagle City Code Section 8-2-3 permits the construction of an addition to an existing residence within the CBD zone without the issuance of a conditional use permit. A new residence within the CBD requires City approval of a conditional use permit. FINAL ORDER - 3 KAPlnnninx \I'Pl AI 1\2111 l \Abut l>+ Katih. (UL I54 1 ki.tho ltreel mil orJ,_r Ju. Below is a photo of the existing residence (tan color) with the addition (red/gray color) completed. Prior to the City -issuance of a Certificate of Completion for the addition, Mr. Guest sought a demolition permit to tear down the existing house (the tan portion noted in the photo above). The City denied the request and explained that the building permit was issued for an "addition" and without the existing portion remaining, the "addition" would no longer be an "addition" but rather would be considered a "new" single family residence, thereby requiring a conditional use permit. At that time, Mr. Guest did not apply for a conditional use permit and proceeded to complete the connection of the addition to the existing house. Upon completion, the City issued a Certificate of Completion on May 3, 2018. On November 20, 2018, Mr. Guest met with City staff to again seek approval of a demolition permit for the original "existing" portion of the residence. Mr. Guest contended that since six months had passed since the issuance of the Certification of Completion, the "addition" should be considered "existing" thereby making the old portion of the structure eligible for demolition without the issuance of a conditional use permit. It was explained to Mr. Guest that the City's implementation of the code as it related to the requirement of a conditional use permit for a new residence within the CBD (as explained above) had not changed. A demolition permit was not issued, and Mr. Guest was apprised of his appeal rights in accordance with Eagle City Code Section 8-7-4-1. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF MEMORANDUM: Staff recommends denial of the requested appeal. FINAL ORDER - 4 K Planning Dept \I agle Appheiuon,1APPLN S1?U I MAA Ui-18 Knlnc Gue't 1541. Idaho ltrert 11,141 ord.r do. PUBLIC MEETING OF THE COUNCIL: A public meeting on the appeal was held before the City Council on January 22, 2019, at which time testimony was taken from the appellant and city staff. The Council made their decision at that time. COUNCIL DECISION: The Council voted 4 to 0 to deny the appeal request for Kittric Guest. CONCLUSIONS OF LAW: A. The Council reviewed the particular facts and circumstances of this appeal with regard to Eagle City Code Section 8-7-4-1 "Appeals", and based upon the information provided, concludes: 1. The written request for appeal failed to identify specific deficiencies in the Zoning Administrator's decision; 2. Oral testimony provided by the appellant affirms that the structure permitted pursuant to building permit application #160338 was constructed as an addition to the existing single-family residence located upon the Property; 3. The City Council has determined that, in accordance with Eagle City Code Section 8-2-3(C), a conditional use permit is required for a new single-family dwelling within the CBD zone; 4. The City Council has determined that the issuance of a demolition permit for the existing single- family dwelling that existed upon the Property prior to the issuance of building permit #160338 is in noncompliance with Eagle City Code Section 8-2-3 (C) since a conditional use permit has not been approved for the Property for a new single-family dwelling. The Applicant or affected person seeking judicial review of compliance with the provisions of Idaho Code 67-6535 must first seek reconsideration of the final decision within fourteen (14) days from the date this Order is signed by the Mayor. Such written request must identify specific deficiencies in the decision for which reconsideration is sought. Upon reconsideration, the decision may be affirmed, reversed, or modified after compliance with applicable procedural standards. A written decision shall be provided to the applicant or affected person within sixty (60) days of receipt of the request for reconsideration or the request is deemed denied. A decision shall not be deemed final for purposes of judicial review unless the process required in Idaho Code 67-6535 has been followed. The twenty-eight (28) day time frame for seeking judicial review is tolled until the date of the written decision regarding reconsideration or the expiration of the sixty (60) day reconsideration period, whichever occurs first. FINAL ORDER - 5 K:IPlanning Ihptllagk Application.s\APPEALS120181AA-03-114 Kittric Guest 154 li. Idaho Street final ordcr.doc IT IS SO ORDERED, this 121' day of February 2019. CITY OF EAGLE, IDAHO Ada County, Idaho yeA- Stan Ridgeway Mayor 7-4 ATTEST: Sharon K. Bergmann Eagle City Clerk FINAL ORDER - 6 K \Planning I teptll.aglr Appinawns Al'I'l Al 1l2U I$1A A-411 18 Knm. (iur+t 1 i41 IJalm Sired final order.Jo.