Findings - CC - 2003 - CU-11-02 - Allow Mobile Home On Property To Continue
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BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT FOR A
MOBILE HOME FOR DALE R. CHESNUT
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-ll-O2
The above-entitled conditional use application came before the Eagle City Council for their action on
March 25, 2003. 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.
B.
PROJECT SUMMARY:
Dale R. Chesnut is requesting conditional use approval to allow a mobile home occupied
by a family member to continue to be located upon a lot in which a single-family dwelling
already exists. The site is generally located on the northwest comer of Conover Street and
Syringa Street at 2052 and 2054 Syringa Street.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on December 18, 2002.
c.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commrssion was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on January 28, 2003. 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 January 23, 2003. Requests for agencies' reviews were transmitted on December
20, 2002 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 4, 2003. 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 25,
2003.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On May 12, 1992, the Eagle City Council approved a conditional use permit (CU-92
TLQ) to permit the use of mobile home occupied by a family member to be located upon
this site.
E.
COMPANION APPLICATIONS: None
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Residential Four (up to R-4 (Residential) Single family dwelling &
four dwelling units per mobile home
acres max.)
Proposed No Change No Change Continuation of existing
Single family dwelling &
mobile home
North of site Residential Four (up to R-4 (Residential) Residential Subdivision
four dwelling units per
acres max.)
South of site Residential Four (up to R-4 (Residential) Residential Subdivision
four dwelling units per
acres max.)
East of site Residential Four (up to R-4 (Residential) Residential Subdivision
four dwelling units per
acres max.)
West of site Residential Four (up to R-4 (Residential) Residential Subdivision
four dwelling units per
acres max.)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
EXISTING SITE CHARACTERISTICS:
A mobile home and a single family dwelling with associated accessory structures are
located on the site. Mature trees and shrubs, and sodded areas exist throughout the site.
1.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 28,195 SF (.64-acres) 8,000 SF (.I8-acres) minimum
Percentage of Site Devoted to Building 1% (approximate) 40% maximum
Coverage
Percentage of Site Devoted to N/A N/A
Landscaping
J.
GENERAL SITE DESIGN FEATURES:
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O.
P.
Number and Uses of Proposed Buildings: No new buildings proposed
Height and Number of Stories of Proposed Buildings: No new buildings proposed
Gross Floor Area of Proposed Buildings: No new buildings proposed
On and Off-Site Circulation:
There is one existing circular driveway located on Syringa Street which provides access to
both the single-family dwelling and the mobile home.
K.
PUBLIC SERVICES A V AILABLE:
A letter from the Central District Health Department states there are no objections to this
proposal. The Eagle Sewer District states there will be no additional impact to the District
since the single-family dwelling and the mobile home are currently connected to sewer
service. United Water states this property is not within their service boundaries. The site
is currently serviced by an on-site well.
L.
PUBLIC USES PROPOSED: None
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:
No map currently exists.
N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain-no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,
which appear to be of special concern, are noted below:
Central District Health Department
Department of Environmental Quality
Eagle Sewer District
United Water
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Q.
R.
LETTERS FROM THE PUBLIC:
Letter from Wilson Chesnut, 1940 Syringa Street, Eagle, ill 83616, date stamped by the
City on January 30, 2003.
Letter from Leon and Tina Cunningham, 485 Conover Street, Eagle, ill 83616, date
stamped by the City on February 7, 2003.
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
1.
Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
B.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
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c.
THIS PROPOSAL:
.
Eagle City Code Section 8-1-2 Mobile Home, states in part:
Designed for a long term occupancy and containing sleeping accommodations, a flush
toilet, a tub or shower bath and kitchen facilities with plumbing and electrical connections
provided for attachment to outside systems;
.
Eagle City Code Section 8-3-2 (E) Conditional Use Mobile Home:
Notwithstanding any other provision in this title, a mobile home occupied by a family
member may be located upon a lot upon which a single-family dwelling already exists;
provided, that a conditional use permit is applied for in accordance with section 8-7-3-5 of
this title, and the city council determines that the standards for the issuance of a
conditional use permit set forth in section 8-7-3-2 of this title, are satisfied.
.
Eagle City Code Section 8-7-3-5 (F) Effect Of Issuance On Other Conditional Uses:
A conditional use permit shall not be considered as establishing a binding precedent to
grant other conditional use permits.
DISCUSSION:
.
On May 12, 1992, the Eagle City Council approved a conditional use permit (CU-92 TLQ) to
allow a manufactured home to be constructed upon the site wherein an existing mobile home,
occupied by Margaret Chesnut, was permitted to remain. The conditional use permit required
that upon the mobile home no longer being occupied by Margaret Chesnut, the mobile home
was to be removed from the site. Subsequent to the passing of Margaret Chesnut, the
applicant has requested to continue the use of the mobile home to be occupied by two family
members, Ernest and Arlene Asmus.
.
Similar to past action by the City, consideration should be given to placing a limitation on the
conditional use permit for the length of time the mobile home may be located on the site. Staff
recommends that upon the mobile home no longer being occupied by Ernest and Arlene
Asmus, the mobile home should be removed from the site.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends the site specific conditions
of approval and the standard 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
18, 2003, 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 this proposal was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
COMMISSION DECISION:
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The Commission voted 5 to 0 to recommend approval of a conditional use to continue the use of a
mobile home for a family member(s) upon a parcel in which a single-family dwelling currently
exists for Dale R. Chesnut, with the site specific conditions of approval and standard conditions of
approval shown within their Findings of Fact and Conclusions of Law document, dated March 3,
2003.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on March 25, 2003, 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.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representative).
COUNCIL DECISION:
The Council voted 3 to 0 (Nordstrom absent) to approve CU-ll-02 for a conditional use to
continue the use of a mobile home for a family member(s) upon a parcel in which a single-family
dwelling currently exists for Dale R. Chesnut, with the following Planning and Zoning
Commission recommended site specific conditions of approval and standard conditions of
approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1.
Upon the mobile home no longer being occupied by Ernest and Arlene Asmus, the mobile home
shall be removed from the site within ninety (90) days subsequent to the vacancy of the mobile
home.
2.
The applicant shall annually submit a letter to the City attesting to the occupancy of the mobile
home.
STANDARD CONDITIONS OF APPROVAL:
1.
2.
3.
4.
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.
Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits.
All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be
secured prior to issuance of building permit.
Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources shall be submitted to the City prior to issuance of any
building permits.
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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.
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.
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. 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, for irrigation water or irrigation waste water 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.
9.
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.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
10.
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
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lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
11.
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.
12.
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 detennined by the Eagle Fire Department
officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire
Department. "
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.
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 pennits or certificate of Occupancy, whichever occurs first.
The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
b.
c.
d.
13.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor 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.
14.
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.
15.
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.
16.
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.
17.
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.
18.
Basements in the flood plain are prohibited.
19.
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
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20.
21.
22.
23.
approved by the Commission and/or Council.
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.
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. 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 submits application to the City of Eagle
for a change to the planned use of the subject property.
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 City Council
approval date).
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 application for this item was received by the City of Eagle on December 18, 2002.
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 January 28, 2003. 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 January 23, 2003. Requests for agencies' reviews
were transmitted on December 20, 2002 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 4,2003.
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 25, 2003.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
application (CU-ll-O2) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided concludes that the proposed conditional use permit
is in accordance with the Eagle City Code because:
The proposed conditional use;
A.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle
City Code Title 8 for the R-4 (Residential) zoning district since a mobile home
occupied by a family member is allowed upon a parcel in which a single-family
dwelling currently exists provided that a conditional use permit is approved by the
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City Council as outlined in Section 8-3-2 (E) of eagle City Code;
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) since there are no inconsistencies with the Comprehensive Plan and
since the site will not be changing substantially from that which currently exists
on the site;
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
since the site is currently improved with a single-family dwelling and a mobile
home which is similar to other uses in the area;
D.
Will not be hazardous or disturbing to existing or future neighborhood uses since
the area is currently being used as a single-family dwelling and a mobile home
that are characteristic of the surrounding neighborhood;
E.
Will be served adequately by essential public facilities such as highways, streets,
police and fire protection, drainage structures, refuse disposal, 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 as noted is responses
received by agencies providing the public 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 since the site is a continuation of a previously approved use;
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 site consists of uses that are not expected to deviate from typical
residential activity;
H.
Will have vehicular approaches to the property which are designed as not to create
an interference with traffic on surrounding public thoroughfares as previously
approved for the site; and
1.
Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance since none are apparent on this site.
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.
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DATED this 8th day of April 2003.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Nancy C. Merrill, Mayor
ATTEST:
Sharon K. Moore, Eagle City Clerk
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DATED this 8th day of April 2003.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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Sharon. Moore, Eagle City CI rk
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