Findings - CC - 2024 - CU-13-23 - Conditional Use Permit for a Waiver of Eagle City Code Section 8-3-5(A)(1) BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT FOR )
A WAIVER OF EAGLE CITY CODE SECTION )
8-3-5(A)(1)FOR CONSTANCE LARSEN-WITTE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-13-23
The above-entitled conditional use permit application came before the City Council for their action on
March 12, 2024, 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:
Constance Larsen-Witte is requesting conditional use permit approval for a waiver of Eagle City
Code Section 8-3-5(A)(1)to permit the construction of an accessory structure(pergola)within the
street side yard area. The 1.8-acre site is located on the southwest comer of West Autumn Crest
Drive and North Locksley Way at 2939 West Autumn Crest Drive.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 2939 West Autumn Crest Drive at 6:30 PM, on October
25, 2023, in compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on December 7,2023.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on December 12, 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 January 12, 2024. 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 Friday, January 12, 2024. The site was posted in
accordance with the Eagle City Code on January 20,2024.
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
February 23, 2024. Notice of Public Hearing for the Eagle City Council was mailed to property
owners in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on February 23, 2024. The site was posted in accordance with the Eagle City Code on
February 22,2024.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None.
E. COMPANION APPLICATIONS:None.
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B. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING
DESIGNATION DESIGNATION LAND USE
Existing Estate Residential R-E-DA Single-family dwelling
(Residential Estates
with a development
agreement)
Proposed No Change No Change Single-family dwelling with
proposed accessory structure
(pergola)
North of site Estate Residential R-E-DA Single-family dwelling
(Residential Estates
with a development
agreement)
•
South of site Large Lot R-E-DA Agriculture
(Residential Estates
with a development
agreement)
East of site Estate Residential R-E-DA Single-family dwelling
(Residential Estates
with a development
agreement)
West of site Estate Residential R-E-DA Single-family dwelling
(Residential Estates
with a development
agreement)
C. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA,or DSDA.
H. URBAN RENEWAL DISTRICT:Not within the Urban Renewal District.
EXISTING SITE CHARACTERISTICS:
The residential lot contains an existing single-family dwelling with an attached garage and shop.
Additionally, south of the primary residence is an existing detached RV garage/pool house as
well as an outdoor pool.
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J. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 1.8-acres(existing) 1.8-acres(minimum)
Percentage of Site Devoted to Building 11.05%(existing)* 35%(maximum)
Coverage
Number of Parking Spaces 5-spaces(existing) 2-spaces(including one [1]
covered)
Front Setback(North) 72-feet(existing) 50-feet(minimum)
Rear Setback(South) 74-feet(existing) 30-feet(minimum)
Side Setback(East) 82-feet(existing) 20-feet(minimum)
Street Side Setback(West) 136-feet(existing) 35-feet(minimum)
*The definition of lot coverage is defined in 8-1-2 of the City Eagle Code.This does not include a non-enclosed structure.
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant has proposed a new one(1)story non-enclosed accessory structure(pergola).
Height and Number of Stories of Proposed Buildings: One story,measuring twenty-feet(20').
Gross Floor Area of Proposed Buildings:N/A
On and Off-Site Circulation:
Primary vehicular access is taken from Locksley Road. Secondary access (RV) is taken from
Autumn Crest Drive.
L. PUBLIC SERVICES AVAILABLE:
The property is currently served by an individual septic system and Veolia Water of Idaho.
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—no
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.
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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
Idaho Transportation Department
Eagle Sewer District
Eagle Historic Preservation Committee
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 CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART
OF CITY COUNCIL'S FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
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B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code, Section 8-1-2: Rules&Definitions
Accessory 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.
Setback Line:
A line established by this title, generally parallel with and measured from the lot line (except)
for the front setback), defining the limits of a yard in which no building or structure may be
located aboveground except as may be provided herein.
Yard:
A required open space, other than a court, unoccupied and unobstructed by any structure or
portion of a structure from three feet (3') above the general ground level of the graded lot
upward; provided, accessories, ornaments, and furniture may be permitted in any yard,
subject to height limitations and requirements limiting obstruction of visibility.
Street Side Yard:
A yard extending from the principal building to the secondary street that adjoins the lot between
the lines establishing the front and rear yards.
• Eagle City Code, Section 8-3-5:Unique Land Uses:
Accessory Structure:
Will not be located in any required front or street side yard area within the R-E, R, and MU
zoning districts. Accessory structures located with the A and A-R zoning districts may be
permitted within the front or street side yard area and shall comply with the minimum setbacks as
required in section 8-2-4 of this title, in which case the exterior design of the accessory structure
will be compatible with the principal residence on the lot and shall not detract from the single-
family appearance of the lot or obscure and confuse the front entrance of the principal structure.
For the purposes of implementing this section, the term compatible shall mean similar exterior
building materials and form, including but not limited to similar: building shape and height, roof
pitch, colors, siding, wainscoting, windows, and doors; frame appearance as shown in the EASD
book.
• Eagle City Code, Section 8-2-4: Schedule of Building Height and Lot Area Regulations for the R-
E(Residential Estates)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-E 35' 50' 30' 20' 35' 15% 1.0 Acres 100'
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C. DISCUSSION (based on the site plan and narrative date stamped by the city on December 7,
2023):
The accessory structure (pergola) is proposed to be located on the east side of Lot 1, Block 2 of
Hazen Ranch Subdivision within the street side yard area(adjacent to Locksley Street). Pursuant
to Eagle City Code Section 8-3-5(A)(1), accessory structures are prohibited in the street side
yard area within the R-E (Residential Estates) zoning district. The applicant is requesting a
waiver of this code to allow the proposed accessory structure (pergola) to be located within the
street side of the property.
PUBLIC HEARING OF THE COMMISSION(Granicus time 00:24:16)
A. A public hearing on the application was held before the Planning and Zoning Commission on
February 5, 2024, 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 4 to 0(McLaughlin absent)to recommend approval of CU-13-23 for a conditional
use permit for a waiver of Eagle City Code Section 8-3-5(A)(1)to permit the construction of an accessory
structure (pergola) within the street side yard area of the property with the site specific conditions,of
approval and standard conditions of approval as provided within their findings of fact and conclusions of
law document,dated February 20,2024.
PUBLIC HEARING OF THE COUNCIL(Granicus time 1:29:35)
A. A public hearing on the application was held before the Eagle City Council on March 12, 2024, 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 no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-13-23 for a conditional use permit for a waiver of Eagle City
Code Section 8-3-5(A)(1) to permit the construction of an accessory structure (pergola) within the street
side yard area of the property with the following staff recommended site specific conditions of approval
and standard conditions of approval;
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The location of the proposed accessory structure, depicted in the site plan stamped by the City on
December 7,2023,is approved.
2. 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 building permit or upon receipt of an invoice by
the City,whichever occurs first.
3. The applicant shall be required to obtain a building permit prior to construction.
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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
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
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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 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
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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.
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
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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-
13-23) 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), since there are no inconsistencies with the
Comprehensive Plan and since 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 proposed accessory structure
(pergola) will be constructed to remain harmonious with the architecture of the principal
dwelling.
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the proposed
accessory structure(pergola)will be located within a residential lot of an existing subdivision and
the proposed accessory structure (pergola) is associated with and is architecturally compatible
with the existing residential use;
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 the documentation provided from said agencies;
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 pergola. 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, since the transportation system has
been found to be adequate by ACHD and the proposed accessory structure (pergola) use not 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 ACHD and access will be
provided from the existing driveway.
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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 and since the applicant is not proposing to remove
any trees.
2. In accordance with Eagle City Code Section 8-7-3-1(C),the Council concludes that a waiver of Eagle
City Code Section 8-3-5(A)(1) is justified based on the following: 1) The proposed accessory
structure(pergola)is in conformance with the setbacks of the R-E(residential-estates)zoning district;
2) The proposed accessory structure (pergola) is harmonious with the principal dwelling; 3) The
Hazen Ranch Subdivision HOA has approved the design and location of the accessory structure
(pergola);
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 26 to day of March 2024.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
r Ike,Mayor
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