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Findings - CC - 2019 - AA-02-18 - Removal Of Non-Open Syle Fence Along Beacon Light RoadBEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPEAL OF THE ZONING ADMINISTRATOR'S DECISION TO REQUIRE REMOVAL OF NON -OPEN STYLE VENCE ALONG BEACON LIGHT ROAD ) ) ) ) ) FINAL ORDER AA -02-18 The above -entitled matter came before the Eagle City Council for their consideration on November 27, 2018, at which time the Council remanded the matter to staff. The matter came before the Council for their action on March 26, 2019, at which time testimony was taken and their decision was made. The City Council, having heard oral testimony from the Appellant and City Staff, and reviewed the written record, voted 3 to 0 (Bastian absent) to affirm the Zoning Administrator's decision. The City Council, having reviewed the particular facts and circumstances regarding the Zoning Administrator's decision to require the removal of the non -open style, six foot (6') tall cedar fence located along the Beacon Light Road frontage of the property located at 1825 West Beacon Light Road, and based upon the review of all information provided, makes the following findings and conclusions and authorizes the Mayor to sign this Order. A. S. Max Brown is the owner of property located at 1825 West Beacon Light Road, Eagle, Idaho. B. The information contained within the City staff memorandums dated November 19, 2018, and March 21, 2019, is incorporated herein by reference. C. The written request for appeal failed to identify specific deficiencies in the decision for removal of the fence; D. The fence as currently constructed is in violation of Eagle City Code Section 8-3-3-(B)(2), which states, "Fencing located adjacent to any street identified as a collector or arterial on the transportation and pathway network plan in the Eagle comprehensive plan, and on the street side of all corner lots, shall be an open fencing style such as wrought iron or other similar see through, decorative, durable fencing material, except as otherwise may be permitted in subsection 8 -2A -7J of this title." E. Beacon Light Road is identified as an arterial within the Comprehensive Plan. F. Eagle City Code Section 8-3-3 (B)(4) states, "A permit is required prior to the construction of a fence in any front yard area and along any street within the City subject to the application requirements established in section 8-7-2 of this title (Title 8 Zoning). G. The appellant did not obtain a permit prior to constructing the fence along Beacon Light Road. H. The fence that was constructed by appellant is not an open style and therefore is in violation of Eagle City Code Section 8-3-3 (B)(2). I. The Zoning Administrator's decision to require the removal of the fence is affirmed. FINAL ORDER - 1 KAPlanning DeptTagle Applications\APPEALS\2018\AA-02-18 Max Brown Fence Appeal final order.doc IT IS SO ORDERED, this I CITY OF EAGLE, IDAHO Ada County, Idaho Stan Ridgeway Mayor ATTEST: day of May 2019. 'Sharon K. Bergmann Eagle City Clerk FINAL ORDER - 2 o2 -,s Max Brown Fence Appeal final order.doc 18�- I( \planning Dept�EaSle Applications\APPEAL-S� 0