Planning commission deadlocks on Avamore height waiver; sends recommendation to city council

The City of Eagle Planning & Zoning Commission failed to reach a majority recommendation Monday on a conditional use permit seeking a height waiver for a home in the Avamore subdivision, leaving the ultimate decision to city council.

The request (CUP-2026-07) would have allowed a single-family house with a daylight basement to be measured from the lowest finished floor to the roofline, producing a total height of 44 feet 6 inches. Staff and the applicant said the building above the garage/front grade measures about 32 feet 6 inches; counting the daylight basement yields the larger figure. The applicant's representative, Becky McKay of Engineering Solutions, said the lot is about 3.07 acres and the proposed home contains about 6,284 square feet of living area with a 925-square-foot wrap deck and a 295-square-foot covered patio.

Commissioner Gerber moved to recommend approval of the CUP with standard conditions; Commissioner McAuley seconded. After debate about whether the record showed a technical need for the waiver and about precedent, the commission recorded a tie vote and the motion failed. "I have found no compelling evidence to grant the waiver, and I find no need has been presented by the applicant," Chairman Wright said during deliberations and recorded a negative vote.

If council ultimately approves the waiver, staff recommended conditions requiring submission of updated grading and drainage plans to Avamore and the city engineer before any additional excavation or pad modification is permitted. The planning staff's analysis notes that Title 11b (the Avamore-specific code) defines height as measured "from the finished floor elevation closest to the corresponding finished grade to the top of the roof."