Findings - PZ - 2001 - V-1-00 - Variance To Construct A 2Nd Sfdu/Primary Residence/1865 N Eagle Road
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A V ARIANCE TO ALLOW A SECOND SINGLE
F AMIL Y D WELLIN G 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 Planning and Zoning Commission
for their recommendation on February 20, 2001. 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.
B.
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.
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.
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 application to have the house added to the to National Register of
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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 DESIGNATION
Existing Residential Estates (up R-E (residential) Residence
to one unit per two acres
maximum)
Proposed No Change No Change Residence
North of site Residential Estates (up R-E (residential) Residences
to one unit per two acres
maximum)
South of site Residential Estates (up R-E (residential) Residences
to one unit per two acres
maximum)
East of site Residential Estates (up R-E (residential) Residences
to one unit per two acres
maximum)
West of site Residential Estates (up R-E (residential) Residences
to one unit per two acres
maximum)
G.
DESIGN REVIEW OVERLAY 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) 11- feet 20-feet (minimum)
1.
EAGLE CITY CODE FOR WHICH 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.
1.
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
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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.
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.
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.
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.
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 of20-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.
Staffhas 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
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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.
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 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 APPROVAL:
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.
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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.
3. The Commission 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
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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 5th day of March, 2001.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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