Findings - CC - 2026 - CUP-2026-04 - Conditional use permit for a waiver of the required front setback for a single-family home.BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A CONDITIONAL USE PERMIT FOR
A WAIVER OF THE REQUIRED FRONT
SETBACK FOR A SINGLE-FAMILY HOME
FOR INTEGRITY HOMES
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CUP-2026-04
The above -entitled conditional use permit application came before the Eagle City Council for their action
on March 24, 2026, 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:
Tyler Olson, with Integrity Homes, is requesting conditional use permit approval for a waiver of
the required front setback of 30-feet, to allow for a reduced front setback requirement of 25-feet,
for the living area of a residential home. The 0.25-acre site is located on the southwest corner of
West Golden Barrel Street and North Delehaye Avenue, within Lot 22, Block 2, Whitehurst
Subdivision No. 2, at 3323 West Golden Barrel Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, on Friday, January 30, 2026, 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 5, 2026.
C. NOTICE OF PUBLIC HEARING:
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 Sunday, February 15, 2026. 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 Wednesday, February 11, 2026. The site was posted in accordance with the Eagle City
Code on February 17, 2026. Requests for agencies' reviews were transmitted on February 10,
2026, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application 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
Friday, March 6, 2026. 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 Wednesday,
March 4, 2026. The site was posted in accordance with the Eagle City Code on March 10, 2026.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 25, 2020, the City Council approved an annexation and rezone from RUT (Rural -
Urban Transition — Ada County Designation) to R-l-DA-P (Residential with a development
agreement—PUD), and R-3-DA-P (Residential with a development agreement—PUD),
conditional use permit, preliminary development plan, and preliminary plat, for Whitehurst
Subdivision for Mustang 35, LLC.(A-02-19/RZ-05-19/CU-04-19/PPUD-03-19/PP-05-19)
On August 11, 2020, the City Council approved a design review application for the common area
landscaping within Whitehurst Place Subdivision. (DR-35-20)
On May 11, 2021,the City Council approved the final development plan and final plat for
Whitehurst Subdivision No. 1. (FPUD-01-21 & FP-03-21)
On October 26, 2021, the City Council approved the final development plan and final plat for
Whitehurst Subdivision No. 2. (FPUD-07-21 & FP-13-21)
E. COMPANION APPLICATIONS:
There are no companion applications.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
R-3-DA-P (Residential with
Single-family residential
Existing
Neighborhood Residential
a development agreement-
dwelling
PUD)
Proposed
Neighborhood Residential
R-3-DA-P (Residential with
a development agreement-
Single-family residential
(No change)
PUD) (No change)
dwelling (No change)
R-3-DA-P (Residential with
Single-family residential
North of site
Neighborhood Residential
a development agreement-
dwelling
PUD)
R-3-DA-P (Residential with
Single-family residential
South of site
Neighborhood Residential
a development agreement-
dwelling
PUD)
R-3-DA-P (Residential with
Single-family residential
East of site
Neighborhood Residential
a development agreement-
dwelling
PUD)
R-3-DA-P (Residential with
Single-family residential
West of site
Neighborhood Residential
a development agreement-
dwelling
PUD)
G. DESIGN REVIEW OVERLAY DISTRICT:
This site is located in the citywide design review overlay district.
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H. WILDLAND-URBAN INTERFACE OVERLAY DISTRICT:
The site is not located within a wildland-urban interface overlay district.
I. URBAN RENEWAL AREA:
This site is not located within an Urban Renewal Area.
J. EXISTING SITE CHARACTERISTICS:
The subject property (Lot 22, Block 2, Whitehurst Subdivision No. 2) consists of 0.25 acres and
contains a single-family dwelling with a front -entry garage and landscaping.
K. SITE DESIGN INFORMATION:
SITE DATA
PROPOSED
REQUIRED
Total Acreage of Site
0.25-acres
0.25-acres
Number of Parking Spaces
5 total (3 covered, 2
2 total (including 1 covered)
uncovered)
25-feet min. as measured
Front Setback (Living)
from property line to the
30-feet min.
foundation of the living area
for the existing dwelling
Front Setback (Front -load garage)
30-feet min.
30-feet min.
Rear Setback
25-feet min.
25-feet min.
7.5-feet min. (first story)
7.5-feet min. (first story)
Side Setback
5-feet min. (each additional
5-feet min. (each additional
story)
story)
Street Side Setback
20-feet min.
20-feet min.
Maximum Lot Coverage
40% max.
40% max.
Maximum Height
35-feet max.
35-feet max.
L. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The site currently contains one (1) single-family dwelling. No additional uses are proposed within
this application.
Height and Number of Stories of Proposed Buildings:
The existing building is a two-story structure with a height of 27-feet as measured from the
average elevation of the finished grade at the front of the building to the highest point of the roof.
No additional buildings are proposed within this application.
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Gross Floor Area of Proposed Buildings:
The existing building totals 3,948-square feet (36% lot coverage). No additional buildings are
proposed within this application.
On and Off -Site Circulation:
The site is accessed directly from West Golden Barrel Street.
M. PARKING ANALYSIS:
The residential dwelling has been constructed with a front -load, two -car garage with a separate
RV bay. The two -car garage is located 30-feet from the back of the sidewalk. The RV Bay is
located 33-feet from the back of sidewalk.
N. PUBLIC SERVICES AVAILABLE:
The site is served by the Eagle Fire Department, Eagle Police Department, the Eagle Sewer
District, and Veolia water.
O. PUBLIC USES PROPOSED:
No public uses are proposed.
P. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:
No map currently exists
Q. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — None known
Evidence of Erosion — None known
Fish Habitat — None known
Floodplain — None known
Mature Trees — None known
Riparian Vegetation — None known
Steep Slopes — None known
Stream/Creek— None known
Unique Animal Life — None known
Unique Plant Life — None known
Unstable Soils — None known
Wildlife Habitat — None known
R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
An environmental assessment plan is not required.
S. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments, which
appear to be of special concern, are noted below:
Department of Environmental Quality
Eagle Fire District
Idaho Transportation Department
T. LETTERS FROM THE PUBLIC:
No letters from the public have been received to date.
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U. 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 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:
Neighborhood Residential:
Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2-1: Districts Established, Purposes, and Restrictions
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
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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. 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. When a property is being proposed for rezone to the R zoning district,
a development agreement may be utilized in lieu of the PUD and/or conditional use process if
approved by the city council, provided the development agreement includes conditions of
development that are required during the PUD and conditional use process.
C. FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER FPUD-07-21 &
FP-13-21 PROVISIONS WHICH ARE OF SPECIAL CONCERN:
SITE SPECIFIC CONDITIONS OF APPROVAL:
5. The following setbacks and lot coverage requirements shall apply:
R-3 (Residential) zoned area (and Lot 2. Block 5):
Front 3 0-feet
Rear 25-feet
Interior Side 7.5-feet (first story) 5-feet (each additional story)
Street Side 20-feet
Maximum Lot Coverage40%
D. DISCUSSION:
The approved minimum front setback for front living for the Whitehurst Subdivision is
30-feet from the property line in the areas zoned as R-3-DA-P. The applicant is requesting a
waiver of the 30-foot front setback for the living area of the existing residential dwelling and
seeking approval for a reduced front setback requirement of 25-feet for the living area. The
home was designed and constructed with the living area encroaching 5-feet into the front
setback (25-feet from the
property line) and is therefore
currently ineligible for the
issuance of an occupancy
permit from the Eagle Building
Department, unless otherwise
modified to meet the required
setbacks or a conditional use
permit approval is granted by
the City Council. If approved
the front setback for the front
living area of the existing
primary residence, as it is
currently constructed, should be
25-feet as measured from the
property line.
If City Council chooses not to approve the waiver, the existing home will need to be modified
or removed in order to comply with the approved setbacks for the subdivision.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on March 2,
2026, at which time testimony was taken, and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony, neither in opposition to nor in favor of the application, was presented to the Planning
and Zoning Commission.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission made a motion based upon the information provided by
staff and the testimony received. A summary of the deliberation can be found at the following link
(Granicus time: 25:55:00): https:Heagle-id.granicus.com/player/clip/2202?view id=1&redirect—true
COMMISSION DECISION:
The Commission voted 3 to 0 to (Guerber abstained, Smith absent) recommend approval of CUP-2026-04
for a conditional use permit for a waiver of the front setback requirement of 30-feet for the living area of
the existing residential dwelling and for a front setback of 25-feet for the living area of the existing
residential dwelling.
PUBLIC HEARING OF THE COUNCIL (Public Hearing Audio/Video Record [Granicus time
2:08:46] https:Hea 1e-id.granicus.con-l/player/clip/2216?view id=1&redirect=true
A. A public hearing on the application was held before the Eagle City Council on March 24, 2026, 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 CUP-2026-04 for a conditional use permit the front setback
requirement of 30-feet for the living area of the existing residential dwelling and for a front setback of 25-
feet for the living area of the existing residential dwelling with the following Planning and Zoning
Commission recommended site specific conditions of approval and standard conditions of approval with
underline text to be added by the Council and strike through text to be deleted by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
2. The minimum front setback for the living area of the existing principal residential dwelling unit, as it is
currently constructed, shall be 25-feet as measured from the property line to the foundation of the
home. All future development within the subject property shall be in conformance with the applicable
zoning and subdivision regulations at the time of the issuance of a building permit or as specifically
approved and/or required.
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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 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.
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.
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No ditch, pipe or other structure or canal, for irrigation water or irrigation wastewater 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.
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
streetlights 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.
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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 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
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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.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of the proposed conditional use (CUP-
2026-04) 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)
since waivers (with the exception of use) of Eagle City Code Section 8-2-4 regarding setbacks and
dimensional lot standards are permitted to be modified 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), with the conditions 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 because the existing residential dwelling has been
built to the same standards as the surrounding residential dwellings in every way with the
exception of the 25-foot front setback for a portion of the living area, and is conditioned such that
future development of the site will be subject to the same standards as approved for the
subdivision;
D. Will not be hazardous or disturbing to existing or future neighborhood uses, because the reduced
setback is limited to a portion of the living area of the existing home only and the use as a single-
family residential dwelling will remain consistent with the residential uses of the neighborhood;
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
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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, because the applicant has
born all costs of development and the reduction of the setback creates no additional public costs
and is conditioned so as to protect 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, since the transportation system has been
found to be adequate by the ACHD and since the development 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 home, as conditioned herein, does not encroach into any natural, scenic, or
historic features of major importance.
4. Failure to comply with all provisions and any condition of approval of this conditional use permit may
result in a compliance hearing in front of the City Council at which time the Council may add
conditions to the permit, modify existing permit conditions, or revoke all or part of the permit.
5. Eagle City Code Section 8-7-3-5: C (2) (c) states that the Council shall specify, "The actions, if any,
that the applicant may take to obtain a permit'.
Regulatory Takings Analysis Notice: Applicant has a right to request a regulatory takings analysis
pursuant to Idaho Code Section 67-8003.
DATED this 141h day of April, 2026.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Brad Pike, Mayor
ATTEST: ° ,
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Tracy . O •
Tracy E. O agle City Clerk '
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