Findings - CC - 2001 - V-1-00 - Construct A Second Single Family Dwelling
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A VARIANCE TO ALLOW A SECOND SINGLE
F AMIL Y DWELLING UNIT ON ONE PARCEL
AND ACCESSORY STRUCTURE LOCATED
WITHIN A FRONT YARD SETBACK
FOR CLAY HAGEWOOD
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER V-I-OO
The above-entitled variance application came before the Eagle City Council for their action on April 10,
2001. 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:
Clay Hagewood is requesting City approval of a variance to construct a second single-
family dwelling unit (to be used as the primary residence) and to allow the existing
building (currently used as a residence) to remain in place and used as an accessory
structure only. The site is located on the west side of Eagle Road approximately Y2-mile
north of Floating Feather Road at 1865 North Eagle Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on December 18,2000.
c.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on February 3, 2001. Notice of this public hearing
was mailed to property owners within three-hundred feet (300-feet) of the subject property
in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on February 1, 2001. Requests for agencies' reviews were transmitted on December
18,2000 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 for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on March 24, 2001. Notice of this public hearing was mailed to property
owners within three-hundred feet (300-feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on March 21,
2001.
D.
HISTORY OF PREVIOUS ACTIONS:
On December 12, 2000, the Eagle City Council approved the issuance of a building permit
for a manufactured home on this site, with the conditions that the applicant make
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application to have the house added to the to National Register of Historic Places and
obtain a variance for said second dwelling unit to be located on the property.
E.
COMPANION APPLICATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Residential Estates (up to R-E (residential) Residence
one unit per two acres
maximum)
Proposed No Change No Change Residence
North of site Residential Estates (up to R-E (residential) Residences
one unit per two acres
maximum)
South of site Residential Estates (up to R-E (residential) Residences
one unit per two acres
maximum)
East of site Residential Estates (up to R-E (residential) Residences
one unit per two acres
maximum)
West ofsite Residential Estates (up to R-E (residential) Residences
one unit per two acres
maximum)
G.
DESIGN REVIEW OVERLA Y DISTRICT: Not in the DDA, TDA or CEDA.
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H.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 0.99-acres (defined as a 1.8-acres
nonconforming lot of record as
per ECC 8-5-5 (A»
Percentage of Site Devoted to .9% (approx.) 10% (maximum)
Building Coverage
Front Setback 165-feet 50-feet (minimum)
Rear Setback 228-feet 30-feet (minimum)
Side Setback (north) 30-feet 20-feet (minimum)
Side Setback (south) ll-feet 20-feet (minimum)
NOTE: The setbacks referenced above are for the proposed site-built structure to be located on the
western portion of the parcel.
I.
EAGLE CITY CODE FOR WmCH THE V ARIANCE IS BEING REQUESTED:
.
ECC Section 8-3-3 (F)
Maximum Units Per Lot: Any buildable lot conforming to this Title, with a zoning
designation of A, A-R, R-E, R-l, R-2, R-3, R-4 or R-5, shall be permitted a maximum of
one single-family dwelling unit per lot. Additional dwelling units shall not be permitted
within the above mentioned zoning designations unless specifically permitted elsewhere
within this Title. Multi-family units/developments are prohibited in the above mentioned
zoning designations. (Ord. 298, 10-14-1997)
.
ECC 8-3-5 (A) (1)
Accessory Building: Will not be located in any required front yard area.
J.
EAGLE CITY CODE SECTION 8-1-2, "RULES AND DEFINITIONS" - "VARIANCE"
A modification of the requirements of this Title (Title 8) as to the lot size, lot coverage,
width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings
or other provision of this title (Title 8) affecting the size or shape of a structure or the
placement of the structure upon lots, or the size of the lots. A variance shall not be
considered a right or a special privilege, but may be granted to an applicant only upon a
showing of undue hardship because of characteristics of the site and that the variance is
not in conflict with the public interest.
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K.
IDAHO CODE TITLE 67-6516, "VARIANCE - DEFINITION - APPLICATION - NOTICE -
HEARING"
Each governing board shall provide as part of the zoning ordinance for the processing or
applications for variance permits. A variance is a modification of the requirements of the
ordinance as to lot size, lot coverage, width, depth, front yard, side yard, rear yard,
setbacks, parking space, height of buildings, or other ordinance provision affecting the
size or shape of a structure or the placement of the structure upon lots, or the size of lots.
A variance shall not be considered a right or a special privilege, but may be granted to an
applicant only upon a showing of undue hardship because of characteristics of the site and
that the variance is not in conflict with the public interest. Prior to granting a variance,
notice and an opportunity to be heard shall be provided to property owners adjoining the
parcel under consideration.
L.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE VARIANCE:
In oral testimony provided to the City Council on December 12, 2000, the applicant
indicated that he was pursuing the designation of the existing house as an historical site,
and had received application forms from the Historical Society. Therefore, in lieu of
removing the existing house from the site, the applicant requests a variance to allow for an
accessory structure (the existing dwelling) to be located within a front yard setback.
M.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,
which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
N.
LETTERS FROM THE PUBLIC: None received to date.
O.
REQUIRED FINDINGS FOR APPROV AL OF A VARIANCE:
.
Eagle City Code Section 8-7-4-2 (B) (4):
a) That special conditions and circumstances exist which are peculiar to the land, structure or
building involved and which are not applicable to other lands, structures or buildings in
the same district;
b) That a literal interpretation of the provisions of this Title would deprive the applicant of
rights commonly enjoyed by other properties in the same district under the terms of this
Title;
c) That special conditions and circumstances do not result from the actions of the applicant;
and
d) That granting the variance requested will not confer on the applicant any special privilege
that is denied by this Title to other lands, structures or buildings in the same district.
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A variance shall not be granted unless the Council makes specific findings of fact based
directly on the particular evidence presented to it which support conclusions that the above-
mentioned standards and conditions have been met by the applicant. (Ord. 40, 10-1978, rev.
9-1980)
.
Eagle City Code 8-7-4-4 (B)
Upon granting or denying an application, the Council shall specify:
1. The ordinance and standards used in evaluating the application;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant could take to obtain a variance. (Ord. 270, 5-29-
1996)
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-2-4 states in part that the minimum side yard setback in an R-E zone
is 20-feet.
.
ECC Section 8-3-3 (F)
Any buildable lot conforming to this Title, with a zoning designation of A, A-R, R-E, R-l,
R-2, R-3, R-4 or R-5, shall be permitted a maximum of one single-family dwelling unit
per lot.
.
ECC 8-5-2 (A)
Single Nonconforming Lots of Record: In any district in which single-family dwellings are
permitted, a single-family dwelling and customary accessory buildings may be erected on
any single lot of record at the effective date hereof, notwithstanding limitations imposed
by other provisions of this Title. Such lot must be in separate ownership and not of
continuous frontage with other lots in the same ownership. This provision shall apply
even though such lot fails to meet the requirements for area or width, or both, that are
generally applicable in the district; provided, that hard dimensions and requirements other
than those applying to area or width, or both, of the lot shall conform to the regulations for
the district in which such lot is located.
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c.
DISCUSSION:
.
The applicant's request for a variance is based on the premise that the existing dwelling at the
site is old enough to be considered an historic site, but too dilapidated to restore as a livable
residence. The site currently does not have an official historic designation as governed by the
Idaho Historical Society. If (because the house was constructed in 1906) it is determined the
building has historic merit, then it may be concluded that the variance is warranted.
.
The applicant has submitted a site plan delineating the proposed garage with a side lot line
setback of II-feet. Eagle City Code requires that structures within an R -E zone shall be located a
minimum of 20-feet from the side lot line. The applicant should be required to submit a revised
site plan showing the garage to be located at least 20-feet from the side lot line, prior to the
issuance of a building permit.
Staff has reviewed the particular facts and circumstances of this proposed variance and, in terms
of Eagle City Code Section 8-7-4-2 (B) (4) (a, b, c, & d) (required findings for approval of a
variance), has made the following conclusions:
a) Special conditions and circumstances currently exist which are peculiar to the land,
structure or building involved which is not applicable to other lands, structures or buildings in
the same district because the structure located upon the property is of an age and unique
quality to the City which is not commonly found in the area,
b) A literal interpretation of the provisions of this Title would deprive the applicant of rights
commonly enjoyed by other properties in the same district under the terms of this Title
because if the property is restricted by preserving the existing dwelling, the property would be
at a disadvantage to further development.
c) Special conditions and circumstances would not result from the actions of the applicant
because the structure is not proposed as a use in which an advantage is gained over other
properties; and
d) Granting the variance requested would not confer on the applicant special privileges that
are denied by this Title to other lands, structures or buildings in the same district because the
site is unique and uncommon relative to other lands and structures.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
If the City Council approves the variance and determines that the house has historic significance
due to its age and character, then based upon the information provided to staff to date staff
recommends the site specific conditions of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on February
20, 2001, at which time testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
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B. Oral testimony in opposition to the applicant's request was presented before the Planning and Zoning
Commission by two (2) individuals with preferences to remove the existing house and permit the shed
to remain on site.
C. Oral testimony in favor of the application was presented before the Planning and Zoning Commission
by one (1) individual (not including the applicant) in support of allowing the house to remain within
the front yard.
COMMISSION DECISION:
The Commission voted 4 to 1 (Cadwell against) to recommended approval of V-I-00 for a
variance to construct a second single-family dwelling unit (to be used as the primary residence)
and to allow the existing building (currently used as a residence) to remain in place and to be used
as an accessory structure only, with the following staff recommended site specific conditions and
standard conditions of approval with strike-thru text to be deleted by the Commission and
underlined text to be added by the Commission.
SITE SPECIFIC CONDITIONS OF APPROV AL:
1. The applicant shall submit a revised site plan showing the proposed garage to be a minimum of 20-feet
from the side (southern) lot line, prior to the issuance of a building permit.
2. The applicant shall provide documentation to the City verifying that an application has been submitted
and approved to place the subject parcel on the Idaho Historical Society or Eagle Historic Preservation
Commission list of historic sites, prior to within one year of the issuance of a Certificate of Occupancy.
3. Approval of this variance shall not permit the existing house to be used as a single-family dwelling but
as an accessory structure only.
4. The new single-family dwelling shall be allowed to be constructed as a "site built" unit.
5. The applicant shall submit to Design Review for review and approval for upgrades and maintenance of
the existing dwelling unit and shed. Design review shall make an assessment of the structures based
on historic value and criteria as set forth by the Eagle Historic Preservation Commission. If the Eagle
Historic Preservation Commission determines that only the house and not the shed is of historic value,
then the shed shall be removed.
6. If the applicant fails to meet the conditions as set forth bv the Design Review Board and the Eagle
Historic Preservation Commission within one-year of issuance of a Certificate of Occupancy, both the
older standing house and shed shall be removed from the site.
PUBLIC HEARING OF THE COUNCIL
A. A public hearing on the application was held before the City Council on April 10, 2001, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
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C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant).
COUNCIL DECISION:
The Council voted 4 to 0 to approve V -1-00 for a variance to construct a second single-family
dwelling unit (to be used as the primary residence) and to allow the existing building (currently
used as a residence) to remain in place and used as an accessory structure only, with the following
Planning & Zoning Commission recommended site specific conditions of approval and standard
conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROV AL:
1. The applicant shall submit a revised site plan showing the proposed garage to be a minimum of
20-feet from the side (southern) lot line, prior to the issuance of a building permit.
2. The applicant shall provide documentation to the City verifying that an application has been
submitted and approved to place the subject parcel on the Idaho Historical Society or Eagle
Historic Preservation Commission list of historic sites, within one year of the issuance of a
Certificate of Occupancy.
3. Approval of this variance shall not permit the existing house to be used as a single-family dwelling
but as an accessory structure only.
4. The new single-family dwelling shall be allowed to be constructed as a "site built" unit.
5. The applicant shall submit to Design Review for review and approval for upgrades and
maintenance of the existing dwelling unit and shed. Design review shall make an assessment of
the structures based on historic value and criteria as set forth by the Eagle Historic Preservation
Commission. If the Eagle Historic Preservation Commission determines that only the house and
not the shed is of historic value, then the shed shall be removed.
6. If the applicant fails to meet the conditions as set forth by the Design Review Board and the Eagle
Historic Preservation Commission within one-year of issuance of a Certificate of Occupancy, both
the older standing house and shed shall be removed from the site.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on December 18, 2000.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on February 3, 2001. Notice of this public hearing was mailed to property owners within
three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on February 1,2001.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on March 24,
2001. Notice of this public hearing was mailed to property owners within three-hundred feet (300-
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feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code
and Eagle City Code on March 21,2001.
3. The Council reviewed the particular facts and circumstances of the proposed variance (V-I-00) in
terms of Eagle City Code Section 8-7-4-2 (B) (4), "Required findings for approval of a variance" and
has concluded that:
a) Special conditions and circumstances currently exist which are peculiar to the land,
structure or building involved which is not applicable to other lands, structures or
buildings in the same district because the structure located upon the property is of an age
and unique quality to the City which is not commonly found in the area,
b) A literal interpretation of the provisions of this Title would deprive the applicant of rights
commonly enjoyed by other properties in the same district under the terms of this Title
because if the property is restricted by preserving the existing dwelling, the property
would be at a disadvantage to further development.
c) Special conditions and circumstances would not result from the actions of the applicant
because the structure is not proposed as a use in which an advantage is gained over other
properties in the same district; and
d) Granting the variance requested would not confer on the applicant special privileges that
are denied by this Title to other lands, structures or buildings in the same district because
the site is unique and uncommon relative to other lands and structures due to the age and
historical significance of the existing residence.
DATED this 24th day of April 2001.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada Cou , Idaho
ATTEST:
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