Findings - 2026 - CUP-2026-18 - - Conditional use permit for a waiver of the front and rear yard setback requirements for an existing residence in the R-4 Zone.BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT FOR )
A WAIVER OF THE FRONT AND REAR )
YARD SETBACK REQUIREMENTS FOR )
AN EXISTING RESIDENCE IN THE R-4 )
ZONE FOR ROGER AND NANCY FUHRMAN )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CUP-2026-18
The above -entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on September 21, 2026, 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:
Roger and Nancy Fuhrman are requesting conditional use permit approval for a waiver of the
front (garage) and rear yard setback requirements for the existing residence to eliminate the
nonconforming use status of the property and allow the construction of an accessory structure on
the property. Additionally, the requested setbacks would allow future additions to the garage and
the rear yard covered patio. The 0.52-acre site is located on the west side of North Eagle Hills
Way at 1237 North Eagle Hills Way.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, on July 7, 2026, in compliance with the
application submittal requirements of Eagle City Code. The application for this item was received
by the City of Eagle on July 10, 2026. A revised narrative was received by the City of Eagle on
July 17, 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 September 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
September 1, 2026. The site was posted in accordance with Eagle City Code on September 8,
2026. Requests for agencies' reviews were transmitted on July 17, 2026, in accordance with the
requirements of Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
No relevant previous actions associated with this application have been identified.
E. COMPANION APPLICATIONS:
There are no companion applications associated with this application.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPREHENSIVE
ZONING
LAND USE
PLAN DESIGNATION
DESIGNATION
Existing
Neighborhood
R-4 (Residential)
Single-family dwelling
Residential
(existing)
(No change)
(No change)
(No change)
Proposed
Neighborhood
R-4 (Residential)
Single-family dwelling
Residential
(existing)
North of site
Neighborhood
R-4 (Residential)
Single-family dwelling
Residential
(existing)
South of site
Neighborhood
R-4 (Residential)
Single-family dwelling
Residential
(existing)
East of site
Neighborhood
R-4 (Residential)
Single-family dwelling
Residential
(existing)
Existing shed and
West of site
Neighborhood
R-4 (Residential)
graded dirt area with
Residential
several parked vehicles
and equipment trailers.
G. DESIGN REVIEW OVERLAY DISTRICT:
The site is located within the citywide Design Review Overlay District.
H. WILDLAND-URBAN INTERFACE OVERLAY DISTRICT:
The site is not located within the Wildland-Urban Interface Overlay District.
URBAN RENEWAL DISTRICT:
The site is not located within an Urban Renewal Area.
EXISTING SITE CHARACTERISTICS:
The site consists of an approximately 2,993-square foot single-family residence, with chain link
fenced yards, adjacent to North Eagle Hills Way. The site has one driveway access from North
Eagle Hills Way.
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K. SITE DESIGN INFORMATION:
SITE DATA
EXISTING
PROPOSED
REQUIRED
Total Acreage of Site
0.52-acres
0.52-acres
0.18-acres
(No change)
minimum
Percentage of Site
13% (approximately)
Devoted to Building
13% (approximately)
(No change)
40% maximum
Coverage
Percentage of Site
83% (approximately)
Devoted to
83% (approximately)
(No change)
N/A
Landscaping
Number of Parking
Spaces
6-spaces (3-covered)
3-covered
2-spaces minimum
Front (Living)
Setback
30.06-feet
30-feet
(No change)
30-feet minimum
Front (Garage)
Setback
19.10-feet
15-feet'
30-feet minimum
18.10-feet to 19.92-feet
Rear Setback
(covered patio)
15-feet2
25-feet minimum
22.98-feet to 34.90-feet
(living)
Side Setback (North
7.5-feet
7.5-feet
(No change)
7.5-feet minimum
Side Setback South
(South)
7.5-feet
7.5-feet
(No change)
7.5-feet minimum
1. The requested 15-foot front yard setback is proposed to apply solely to the existing front
load garage. Minimum front yard setbacks, as required by Eagle City Code, would apply to
the living area of the existing residence and all other existing and/or planned structures on
the property.
2. The requested 15-foot rear yard setback is proposed to apply solely to the existing residence.
Minimum rear yard setbacks, as required by Eagle City Code, would apply to all other
existing and/or planned structures on the property.
L. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed and Existing Buildings:
No new buildings are proposed with this application. No change to the land use is proposed with
this application.
Height and Number of Stories of Existing Buildings:
The existing residence is single -story with a height that is less than 35-feet, as required by Eagle
City Code.
Gross Floor Area of Existing Buildings:
The existing residence has a gross floor area of approximately 2,993-square feet.
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On and Off -Site Circulation:
The site has one (1) driveway access on North Eagle Hills Way.
M. PARKING ANALYSIS:
The site includes a total of six (6) existine Darkine spaces (3-driveway. 3-covered 2aral2e).
• Eagle City Code Section 8-4-5 requires two (2) parking spaces for single-family dwellings on
lots that are 15,000-square feet or greater in size.
Access to the parking area is from a public street which is identified as a residential collector
street on the master street map typologies map within the Comprehensive Plan. Due to the design
of the parking area, vehicles must travel in a backward motion on the residential collector street
for ingress or egress of the site.
• Eagle City Code Section 8-4-4-2(B) requires that parking areas be designed in such a manner
that any vehicles leaving or entering the parking area from or onto a public or private street
shall be traveling in a forward motion.
N. PUBLIC SERVICES AVAILABLE:
The site is served by the Eagle Fire Department, Eagle Police Department, Eagle Sewer District,
Veolia Water of Idaho, Intermountain Gas Company, CableOne Inc. (d.b.a. Sparklight), and
Idaho Power Company.
O. PUBLIC USES PROPOSED:
No public uses are proposed.
P. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:
No future acquisitions map currently exists.
Q. SPECIAL ON -SITE FEATURES:
Evidence of Erosion — none known
Fish Habitat — none known
Floodplain — none known
Mature Trees — approximately twelve (12) to fifteen (15) mature trees exist on the site, as
identified in aerial imagery
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. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached:
Eagle Fire Department
Eagle Sewer District
S. LETTERS FROM THE PUBLIC:
No correspondence from the public has been received to date regarding the application.
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T. 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, or section 8-7-3-1(C) of this chapter
[Eagle City Code Title 8, Chapter 7: Zoning Administration and Enforcement], or as may
otherwise be established by this title;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the comprehensive plan and/or this title [Eagle City Code Title 8];
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity and that such use
will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighboring uses;
E. Will be served adequately by essential public facilities and services 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 shall be so 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 agricultural lands or any natural open
space, scenic, cultural, or historic feature of major importance without adequate mitigation as
determined by the city council.
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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:
• There are no provisions of the comprehensive plan that are of special concern.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code 8-1-2: RULES AND DEFINITIONS
NONCONFORMING USE: A building, structure or use of land existing at the time of
enactment of this title, and which does not conform to the regulations of the district in which
it is situated.
• Eagle City Code Section 8-2-4: SCHEDULE OF BUILDING HEIGHT AND LOT AREA
REGULATIONS
Zoning District
Minimum Yard Setbacks Note Conditions A to E*
Front
Rear
R-4
20-feet
25-feet
*Note Conditions:
D. Front yard setback from arterial and collector streets (as identified on the master street
map typologies map in the Eagle comprehensive plan) is 30 feet in all residential zoning
districts.
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
• Eagle City Code Section 8-2A-6: DESIGN REQUIREMENTS, OBJECTIVES, AND
CONSIDERATIONS
B. Architectural Requirements, Building Materials, Fence And Deck/Patio Materials,
Colors, And Architectural Appurtenance Height Limitation: Unless specified as
prohibited herein, materials listed in this section are allowed. If a material proposed for
construction is not listed in this section it shall be upon the discretion of the zoning
administrator, the design review board, and the city council, whichever the case may be,
to determine the appropriateness of such material.
3. Fences:
e. Dog ear cedar, fir, chain link, barbwire, razor wire, and similar high maintenance
and/or unsightly fencing is prohibited.
Eagle City Code TITLE 8, CHAPTER 5: NONCONFORMING USES
• Eagle City Code Section 8-5-1: INTENT
It is the intent of this chapter to permit nonconforming uses to continue until they are
removed, but not to encourage their survival. It is further the intent of this title that
nonconforming uses shall not be enlarged upon, expanded or extended, nor be used as
grounds for adding other structures or uses prohibited elsewhere in the same district.
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• Eagle City Code Section 8-5-2: AUTHORITY TO CONTINUE NONCONFORMING USE:
If a lawful use involving individual structures, or of a structure and land in combination,
exists at the effective date hereof that would not be allowed in the district under the terms of
this title, the lawful use may be continued so long as it remains otherwise lawful, subject to
the following provisions:
A. Additions Or Alterations: Unless permitted in accordance with section 8-5-2C of this
title, no existing structure devoted to a use not permitted by this title in the district in
which it is located shall be enlarged, extended, constructed, reconstructed, moved or
structurally altered except in changing the use of the structure to a use permitted in the
district in which it is located. Notwithstanding the foregoing, when a residential dwelling
is destroyed due to catastrophic fire or other natural disaster it may be rebuilt, subject to
reasonable regulation by the city, upon the structure's original footprint. A permit for
reconstruction shall be obtained within six (6) months of the fire or natural disaster event.
B. Expansion: No nonconforming use shall be extended to occupy any additional land area
D. Change To Conforming Use: Any structure, or structure and land in combination, in or on
which a nonconforming use is superseded by a permitted use shall thereafter conform to
the regulations for the district, and the nonconforming use may not thereafter be resumed.
F. Elimination Of Nonconforming Structure: Where nonconforming use status applies to a
structure and land in combination, removal or destruction of the structure shall eliminate
the nonconforming status of the land, except as otherwise may be permitted in this
section.
• 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.
C. DISCUSSION:
The residence located on the subject
property encroaches into the front
(garage) setback, which is a minimum
of 30-feet, and the rear yard setback,
which is a minimum of 25-feet, as
required by Eagle City Code 8-24. The
residence was constructed in 1990, prior
to the adoption of the current setback
regulations, and is considered a legal
nonconforming use, as defined in Eagle
City Code 8-1-2. Nonconforming use
status is also applied to the property
because the side and rear yards are
enclosed with chain link fences, which
is a prohibited fencing material pursuant
to Eagle City Code 8-2A-6(B)(3)(e).
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As stated in the applicant's narrative, date -stamped by the City of Eagle on July 17, 2026, the
request is for a 15-foot (15') rear setback for the existing residence and for a 15-foot (15')
front setback for the garage as measured to the property line; 23.50-feet measured to end of
driveway. With City Council approval of a conditional use permit to modify the front and
rear yard setback requirements to permit reduced setbacks, and upon removal of the
noncompliant fencing from the property, the nonconforming use status of the structure and
land in combination would be eliminated, in accordance with Eagle City Code Title 8,
Chapter 5, and Eagle City Code Section 8-7-3-1.
The applicant intends to construct an accessory shop structure on the property in conformance
with the minimum setbacks required by Eagle City Code. Prior to submittal of any building
permit applications to the Building Division, the applicant should be required to remove all
noncompliant fencing from the property in order to eliminate the nonconforming use status of
the property, in accordance with Eagle City Code Section 8-5-2(F).
PUBLIC HEARING OF THE COMMISSION:
A public hearing on the application was held before the Planning and Zoning Commission on September
21, 2026, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
A. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
one (1) individual, who provided the following comments:
• The subject property was once part of a farm located in unincorporated Ada County. The farm
was divided into three separate parcels, two of which were permitted for residential construction
by Ada County.
• Existing residences across the street often have parked cars in the driveway that overhang into the
sidewalk, because many of the driveways do not comply with the minimum driveway length
required by Eagle City Code.
• The Fuhrmans are making a good choice to go through this application process, because they will
be able to extend the length of their garage to better fit their vehicles, reducing any need to park
cars on the driveway.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning
Commission by no one.
C. Rebuttal was not provided by the applicant.
COMMISSION DELIBERATION:
The deliberation at the meeting on September 21, 2026, can be reviewed by using the following link
(Granicus time: 00:18:23): http> d.2ranicus.com/player/clip/2301. iew id=1&i,,-:
COMMISSION DECISION:
The Commission voted 4 to 0 (Smith absent) to recommend approval of CUP-2026-18 for a conditional
use permit for a waiver of the front (garage) and rear yard setback requirements for the existing residence,
to eliminate the nonconforming use status of the property and allow the construction of an accessory
structure on the property, for Roger and Nancy Fuhrman, 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 strikethrough text to be deleted by the Commission:
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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 building setback requirements shall be in accordance with the applicable zoning
regulations at the time of issuance of a building permit except as specifically approved with this
conditional use permit. The following modified setbacks shall apply solely to the existing residence
and all future additions and/or modifications to it:
Front Setback 15-feet (garage)
Rear Setback 15-feet
3. The applicant shall remove all noncompliant fencing from the property prior to
bttild'fi" pefmi` appheations to the n,.:lding Divisieff a final inspection being completed by the Eagle
Building Division for any approved building permit associated with the property.
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 (ACHD)
and/or the Idaho Transportation Department, including but not limited to approval of any drainage
system, curbs, gutters, streets and sidewalks. A letter of approval from ACHD 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 any 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, and Eagle Fire District, shall be
secured prior to issuance of any building permits 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 Eagle Sewer District, 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 any 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.
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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 surety shall be submitted to the City Clerk, prior
to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall
be so graded that all runoff runs either over the curb, or to the drainage easement, and no runoff shall
cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way
unless such obstruction, rerouting, covering or changing has first been approved in writing by the
entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise
changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of
water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not
otherwise injure any person or persons using or interested in such ditch or their property; and (3)
satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and
certification shall be filed with the construction drawing and submitted to the City Engineer prior to
the City Engineer signing the final plat.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or
drain, used for irrigation water or irrigation waste water without the express written approval of the
organized irrigation district, canal company, ditch association, drainage district, drainage entity or
other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
10. 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, subdivider, business owner, homeowner, or
homeowner's/business owner's association, whichever the case may be.
The applicant shall pay applicable street light 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.
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12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust, trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square -feet, and
1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be
verified in writing by the Eagle Fire Department prior to issuance of any building permits or
certificate of Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs
first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Parks and Pathways Development Commission for
a path or walkway shall be approved in writing by the Eagle City Parks and Pathways Development
Commission prior to issuance of a building permit or Certificate of Occupancy, whichever occurs
first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the staff and
the City Engineer and shall be shown on the final plat prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River floodplain (if applicable) from the Corps of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the
Commission and/or Council.
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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. 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.
26. The conditional use permit approval shall remain valid in the event of a change in ownership. In the
event there is a new owner of the property, the new owner(s) shall be bound by the same conditions
of approval applicable to the conditional use permit that was transferred. The new owner(s) shall
provide written acknowledgment to the City accepting the terms of the transferred conditional use
permit within sixty (60) days of purchase and receipt by the new owners of actual notice of the
existence of the conditional use permit for the parcel, whichever event occurs later; otherwise, the
permit may be declared void after notice and public hearing before the city council.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of the proposed conditional use
permit (CUP-2026-18) in terms of Eagle City Code Section 8-7-3-2, "General Standards For
Conditional Uses" and has concluded that the proposed conditional use permit:
A. Constitutes a conditional use, since it is for waivers of the front and rear yard setback
requirements within Eagle City Code Title 8, for properties within the R4 zoning district, and
because Eagle City Code Section 8-7-3-1(C) establishes that exceptions or waivers of standards
within Title 8, other than use, inclusive of the subject matter addressed by Section 8-7-4-2, may
be permitted through issuance of a conditional use permit;
B. Is harmonious with and in accordance with the objectives of the Comprehensive Plan, since the
permitted waivers do not conflict with any of the objectives. The waivers of Eagle City Code, as
conditioned and permitted herein, eliminate the nonconforming use status of the residence and
land in combination in accordance with Eagle City Code Section 8-5-1, which states that
nonconforming uses shall not be encouraged to continue and shall not be enlarged upon,
expanded, or extended;
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C. Does not change the essential character of the area, because any construction on the site,
including renovations or additions to the existing residence, is required to be designed with
similar building materials and architectural styles. Construction is also required to comply with
the setbacks and dimensional regulations within Eagle City Code Title 8, and as conditioned and
permitted herein, which have been found to provide sufficient distance between existing and
proposed structures on the site to adjacent properties and development. The modified setbacks
will not impact adjacent residences, since there is no residence located on the property to the
west, and the residences to the east are separated from the subject property by the ACHD right-
of-way which includes North Eagle Hills Way. Also, as conditioned, the chain link fence on the
property will be removed, improving the aesthetic of the property which lends to an improved
aesthetic of the general area;
D. Is not hazardous because no hazardous materials are proposed or permitted. The modified front
(garage) setback, which would allow for a future addition to the garage and a reduction of the
length of the driveway, do not create a public safety hazard, since the number of enclosed parking
spaces exceeds the minimum required parking spaces for the property and because there is
sufficient off -site parking for guests on North Eagle Hills Way. There is sufficient evidence that
the travel lanes for bicycles and vehicles on North Eagle Hills Way will not be obstructed by
vehicles parking in the driveway and overhanging into the right-of-way, since this is prohibited
by law and enforced by the Eagle Police Department. The modified setbacks will not create a
disturbance to neighbors, because it has been found that there are no existing residences which
will be impacted;
E. Will be served adequately by essential public facilities such as highways, streets, police and fire
protection, drainage structures, refuse disposal, water and schools, since the subject property is
currently adequately served by essential public facilities, as identified within the staff report, and
because there is no intensification of the land use being proposed or permitted;
F. Does not create excessive additional requirements at public cost for public facilities and services,
since the applicant is not proposing any extension or expansion of public infrastructure or any
intensification of the current use. The proposal will not be detrimental to the economic welfare of
the community since any new additions to the existing home within the modified setbacks will be
funded at the sole expense of the applicant;
G. Does 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 there are no changes proposed to
the any of the aforementioned items. The permitted single-family residential use of the property,
which will continue, is subject to the requirements of Eagle City Code which limit the use so as
not to produce excessive traffic, noise, smoke, fumes, glare or odor;
H. Has an existing vehicular approach to the property from North Eagle Hills Way which is designed
in a manner that does not and will not create an interference with traffic on any public
thoroughfares, since the Ada County Highway District (ACHD) did not express any comments or
concerns and did not propose any requirements for the permit. Additionally, the existing
residence has a garage that includes more parking spaces than the total number of spaces required
by Eagle City Code for single-family residential properties greater than 15,000 square feet in size.
Sufficient on -street parking on North Eagle Hills Way is available for guest parking. Lastly, the
agreement between the City of Eagle and Ada County Sheriff's Department prohibits the parking
of vehicles within the public rights -of -way and is enforced by the Eagle Police Department; and
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I. Does not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance, since none have been identified at this site and because the applicant's proposal is for
a modification of dimensional standards which would allow future extensions of the residence
into the front and rear yards only.
2. 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.
3. In accordance with Eagle City Code Section 8-7-3-1(C), the Commission concludes that waivers of
Eagle City Code Sections 8-2-4: Official Height and Area Regulations and 8-2-4(G) to permit
modified front and rear yard setbacks for the existing residence and to permit a driveway length that
is less than 25-feet are appropriate for the existing residence and future additions to the garage and/or
the rear face of the structure and rear yard covered patio. The Commission has concluded that the
proposed modified setbacks and future additions to the existing residence do not negatively impact
adjacent properties. The Commission found that a driveway length below the minimum 25-feet at this
location does not conflict with the intent of the requirement, which is to prohibit obstructions within
pedestrian and bicycle thoroughfares. The Commission arrived at this determination because: (1) the
subject site includes sufficient enclosed parking spaces to exceed the required total number of parking
spaces for the property; (2) sufficient on -street parking is provided along North Eagle Hills Way; and
(3) obstructions within public rights -of -way are prohibited by Eagle City Code, and the regulation is
enforced by the Eagle Police Department through the contractual agreement between the City of
Eagle and the Ada County Sheriff's Office.
4. 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 5`h day of October 2026.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright, Chairman
ATTEST: �.•`��.1 �OF1F_����'''.,
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C�1.
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Tracy E. Osb agle City Clerk SEAL :• `
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