Findings - CC - 2019 - CU-03-19 - Conditional Use Permit/Continued Use Of Mh At 345 W Beacon Light RoadBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR CONTINUATION OF MOBILE HOME
USE ON A LOT WITH EXISTING
SINGLE-FAMILY DWELLING AND FRONT
SETBACK WAIVER PURSUANT TO I11AH0
CODE 67-6512(0 FOR WAYNE MOE
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU -03-19
The above -entitled conditional use permit application came before the Eagle City Council for their action
on April 23, 2019, at which time public testimony was taken and the public hearing was closed. 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:
Wayne and Glenda Moe are requesting conditional use permit approval to permit the continuation
of the use of a mobile home (occupied by a family member) on the same lot as an existing single-
family dwelling. The applicant is also requesting conditional use permit approval of a setback
waiver to allow the existing mobile home (which is located within the required front yard setback)
to remain until it is removed. The 1.48 -acre site is located on the south side of West Beacon Light
Road approximately 568 -feet west of the intersection of North Eagle Road and West Beacon Light
Road at 345 West Beacon Light Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on-site at 10:00 AM, Saturday, January 19, 2019, in compliance
with the application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on February 15, 2019.
C. NO'I'ICE 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 March 1, 2019. 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, 2019. Requests for agencies'
reviews were transmitted on February 25, 2019, in accordance with the requirements of the Eagle
City Code. The site was posted in accordance with the Eagle City Code on March 7, 2019.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on April 5,
2019. 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 April 3, 2019. The site was posted in accordance with the Eagle City
Code on April 11, 2019
D. HISTORY OF RELEVANI PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Estate Residential R -E (Residential Estates) Single-family residence
(Mobile home)
Proposed No Change No Change Mobile home for a
family member
North of site Agriculture/Rural RU'I' (Rural -Urban Transition Single-family residences
— Ada County designation)
South of site Estate Residential
East of site Estate Residential
West of site Estate Residential
R -E (Residential Estates) Single-family residence
(Thornwood Estates
Subdivision)
R -E (Residential Estates) Single-family residence
(Thornwood Estates
Subdivision)
R -E (Residential Estates) Single-family residence
(Thornwood Estates
Subdivision)
G. DESIGN REVIEW OVERLAY DISi'RICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISI'ING SIlE CHARACTERISTICS:
A single-family dwelling, a mobile home (secondary dwelling utilized by a family member) and
one (1) accessory structure is located on the site. The site also contains mature trees, shrubs, and
lawn areas in proximity to the existing and temporary dwellings.
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I. S1'I'E DESIGN INFORMATION:
SITE DATA
PROPOSED REQUIRED
Total Acreage of Site 1.48 -acres
1.48 -acres (property
identified as Single
Nonconforming Lot of
Record)
Percentage of Site Devoted to Building 6.4% (approximately) 15% (maximum)
Coverage
Percentage of Site Devoted to N/A N/A
Landscaping
Number of Parking Spaces 6 spaces 2 spaces/residence, 1 covered
Front Setback (north) 38feet* 50 -feet
Rear Setback (south) 30 -feet 30 -feet
Side Setback (west) 22 -feet 20 -feet
Side Setback (east) 250 -feet 20 -feet
*Existing mobile home to be removed upon cessation.
J. GENERAL SIlE DESIGN F'EATURES:
Number and Uses of Proposed Buildings:
One house (under construction), one existing mobile home.
Height and Number of Stories of Proposed Buildings: N/A
Gross Floor Area of Proposed Buildings: N/A
On and Off -Site Circulation:
The property is served by a single driveway that loops east to west along the southern property line
with two (2) entrances from West Beacon Light Road.
K. PUBLIC SERVICES AVAILABLE:
The single-family dwelling and the mobile home are currently connected to an on-site well and
septic system. No changes are proposed.
L. PUBLIC USES PROPOSED: None proposed.
M. PUBLIC USES SHOWN ON F'LJTURE ACQUISITIONS MAP: No map currently exists.
N. SPECIAL ON-S11'E FEA'i'URES:
Areas of Critical Environmental Concern — No
Evidence of Erosion — No
Fish Habitat — No
Floodplain — No
Mature Trees — Yes — Located in proximity to the residence and the driveway
Riparian Vegetation — No
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Steep Slopes — No
Stream/Creek— No
Unique Animal Life — No
Unique Plant Life — No
Unstable Soils — No
Wildlife Habitat — No
O. SUMMARY OF REVIEW OF ENVIRONMEN'i'AL ASSESSMEN'I' PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Andeavor (Tesoro Logistics NW Pipeline)
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
Q. LETTERS FROM 'iHE PUBLIC: None received to date.
R. EAGLE C1'I'Y 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, 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
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
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STAFF ANALYSIS PROVIDED WITHIN THE STAiii' REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING il HIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 14, 2017), designates this site as the
following:
Estate Residential
A single-family residential area transitioning between agriculture and conventional residential uses.
Densities range from 1 unit per 2 acres to 1 unit per 5 acres. Small scale agriculture and horticulture
uses are encouraged. Density may be limited due to the limited availability of infrastructure and
roadway capacity.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING 'i'HIS
PROPOSAL:
• Eagle City Code Section 8-1-2: Rules And Definitions:
LOT OF RECORD: A lot which is a part of a subdivision recorded in the office of the county
recorder; or a lot or parcel described by metes and bounds, the description of which has been
so recorded.
• Eagle City Code Section 8-3-2(E): Supplemental General Provisions:
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 8-2-4 Schedule of Building Height and Lot Area Regulations:
Official Height and Area Regulations
Zoning Maximum Front Rear Interior Street Maximum Minimum Lot Minimum
District Height Side Side Lot Area (Acres Lot
Covered Or Sq. Ft.) G Width I*
And H*
R -E 35' 50' 30' 20' 35' 15% 1.8 acres 100'
• Eagle City Code Section 8-5-5(A): Nonconforming Lots Of Record:
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 (see definition of "lot of record" in section 8-1-2 of
this title) 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 (see subsection B of this section). 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. IDAHO CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING 'iHIS
PROPOSAL:
• 67-6512 SPECIAL USE PERMITS, CONDI'I'IONS, AND PROCEDURES:
(f) In addition to other processes permitted b this chapter, exceptions or waivers of standards,
other than use, inclusive of the subject matter addressed by section 67-6516, Idaho Code,
in a zoning ordinance may be permitted through issuance of a special use permit or by
administrative process specified by ordinance, subject to such conditions as may be
imposed pursuant to a local ordinance drafted to implement subsection (d) of this section.
D. DISCUSSION:
• The 1.48 -acre site currently contains a single-family dwelling that is under construction, a
mobile home (utilized by a family member), and one (1) accessory structure. The existing
mobile home has been located on the property for over 20 years and was used as a primary
residence in the past.
The applicant is requesting conditional use permit approval to allow the existing mobile home
(currently occupied by a family member) to remain on-site for no longer than six (6) years after
initial occupancy of the constructed single-family dwelling. Pursuant to Eagle City Code
Section 8-3-2(E), 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 and approved. If approved, the mobile home should be required to be removed from the site
within ninety (90) days of cessation of use by a family member. Also, on the anniversary of
this approval, the applicant should be required to submit a letter annually to the Planning and
Zoning Department attesting to the occupancy of the mobile home by a family member. If the
mobile home is not vacated and removed as identified in site specific condition #1, then the
mobile home shall be removed from the site on or before May 14, 2025, which is six (6) years
after the date of this approval.
• Pursuant to Idaho Code Section §67-6512(f) exceptions or waivers of standards, other than use,
inclusive of the subject matter addressed by Idaho Code Section §67-6516, in a zoning
ordinance may be permitted through issuance of a special use permit (conditional use permit).
The applicant is requesting approval of a conditional use permit of a setback waiver to allow
the existing mobile home located within the 50 -foot front setback to remain at the existing
location until it is removed.
The existing mobile home is setback from the front (north) property line 38 -feet. The required
setback from the front property line is 50 -feet. The applicant is requesting a waiver to allow
the existing mobile home to remain in its current location until removal from the property. If
the mobile home is not vacated and removed as identified in site specific condition #1, then the
mobile home shall be removed from the site on or before May 14, 2025, which is six (6) years
after the date of this approval.
STAVF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and 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 March
18, 2019, 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 application was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (not including the applicant/representative).
COMMISSION DELIBERATION: (Granicus Time 00:46:28)
Upon closing the public hearing, the Commission discussed during deliberation that:
A. The Commission supports allowing the mobile home to remain at its current location until the family
member residing in the mobile home vacates the premises within the time frame stated in the site
specific conditions.
COMMISSION DECISION:
The Commission voted 4 to 0 (Johnson absent) to recommend approval of CU -03-19 for a conditional use
permit to allow the continuation of the use of a mobile home (occupied by a family member) on the same
lot as an existing single-family dwelling and a setback waiver to allow the existing mobile home (which is
located within the required front yard setback) to remain until it is removed, for Wayne Moe, with the site
specific conditions of approval and standard conditions of approval provided within their findings of fact
and conclusions of law document, dated, March 18, 2019.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on April 23, 2019, 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 the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU -03-19 for a conditional use permit to allow the continuation of the
use of a mobile home (occupied by a family member) on the same lot as an existing single-family dwelling,
including a setback waiver, for Wayne Moe, with the following Planning and Zoning Commission
recommended site specific conditions of approval and standard conditions of approval with underline text
to be added by the Council and strikethrough text to be deleted by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Pursuant to Eagle City Code Section 8-3-2(E), when the mobile home is no longer occupied by
applicant's daughter, Erika Moe, as her primary residence or place of abode, afam:'•, member, the
mobile home and wooden fence along Beacon Light Road shall be removed from the site within ninety
(90) days following the vacancy of the mobile home. Upon a finding that the applicant is diligently
pursuing removal of the mobile home and fence, the Zoning Administrator may extend the deadline for
forty-five (45) additional days. The applicant may apply for successive extensions of time.
2. If the mobile home is not vacated and removed as identified in site specific condition #1 above, then
the mobile home shall be removed from the site on or before May 14, 2025, which is six (6) years after
the date of this approval.
3. On the anniversary of this approval, the applicant shall submit a letter annually to the Planning and
Zoning Department attesting to the occupancy of the mobile home by a family member.
4. The applicant shall submit payment to the City for all engineering fees and legal fees incurred for
reviewing this project prior to the issuance of a certificate of occupancy and/or upon receipt of an
invoice by the City, whichever occurs first.
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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 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 or Certificate of Occupancy, whichever
occurs first.
2. Idaho Department of Health & Welfare approval of the 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 & Eagle Fire District, shall be secured
prior to issuance of building permit 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 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 sewer entity serving the property, 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 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 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 performance bond 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.
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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.
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.
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 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 or Certificate of Occupancy, whichever occurs first.
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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
Flood Plain (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.
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. 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 Planning and Zoning
Commission approval date).
26. 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.
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CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of the proposed conditional use (CU-03-
19) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses" and has
concluded that the proposed conditional use:
A. Will, in fact, constitute a conditional use as established in Eagle City Code Section 8-2-3 for the
zoning district involved since the continuation of the use of a mobile home (occupied by a family
member) on the same lot as an existing single-family dwelling may be permitted within the R-E
(Residential Estates) zoning district with the approval of a conditional use permit;
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), (as shown within
the findings provided within this document), since there are no inconsistencies with the
Comprehensive Plan and Eagle City Code contains provisions which allow for the continuation of
the use of a mobile home (occupied by a family member) on the same lot as an existing single-
family dwelling will be located with the approval of a conditional use permit. Also, pursuant to
Idaho Code Section 67-6512(f) exceptions or waivers of standards (setbacks) may be approved
through the issuance of a conditional use permit;
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 continuation of the use of a mobile home
(occupied by a family member) on the same lot as an existing single-family dwelling will be
required to the meet the requirements noted herein;
D. Will not be hazardous or disturbing to existing or future neighborhood uses, since a mobile home
has existed in the same location of this site for many years;
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, as noted in the documentation provided from said agencies and as required as a
part of the conditions of approval since the two (2) existing dwellings on the site receive potable
water from an existing domestic well and are connected to a septic system;
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 applicant is not
proposing any new development beyond the single-family dwelling already under construction;
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 transportation system has been
found to be adequate by Ada County Highway District and since the site contains a residential use
that is not expected to deviate from those activities;
H. Will have vehicular approaches to the property, which is designed as not to create an interference
with traffic on surrounding public thoroughfares as approved by Ada County Highway District
since the site is served by an existing driveway; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance, since none are apparent at this site and no changes to the existing site are proposed
beyond the construction of the single-family dwelling.
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2. In accordance with Idaho Code 67-6512 (f), the Council concludes that a waiver for a front yard setback
reduction to 38 -feet while the mobile home remains on the site is appropriate and will not change the
essential character of the area.
3. 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 1 1 th day of June 2019.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
7115/A -t/'
Sharon K. Bergmann, Eagle City Clerk
Reconsideration Notice: Applicant has the right, pursuant to Section 67-6535, Idaho Code, to request a reconsideration within
fourteen (14) days of the final written decision.
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