PZ - Staff Recommendation to Commission
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STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: July 18, 2019
TO: Planning & Zoning Commission
FROM: Sonya Allen, Associate Planner
208-884-5533
SUBJECT: H-2019-0071
Variance Text Amendment
I. PROJECT DESCRIPTION
Request for an amendment to Unified Development Code (UDC) 11-5B-4E in regard to the required
findings for Variance applications consistent with that of Idaho Code 67-6516.
II. APPLICANT INFORMATION
A. Applicant: City of Meridian – 33 E. Broadway Ave., Meridian, ID 83642
B. Representative: Bill Parsons, Community Development Dept., Planning Division – 33 E.
Broadway Ave., Ste. 102, Meridian, ID 83642
III. NOTICING
A. Newspaper notification published on: June 28, 2019
B. PSA distributed: June 28, 2019
C. Next door posting: June 25, 2019
IV. STAFF ANALYSIS
There are currently three (3) required Findings listed in UDC 11-5B-4E that Council is required to
make in order to grant a variance, as follows:
1. The variance shall not grant a right or special privilege that is not otherwise allowed in the
district;
2. The variance relieves an undue hardship because of characteristics of the site; and,
3. The variance shall not be detrimental to the public health, safety and welfare.
Recently, there has been confusion on how the City is to grant approval or denial of variance requests
based on these Findings. Per Idaho Code 67-6516, a variance shall not be considered a right or special
privilege but may be granted to an applicant only upon a showing of undue hardship because of
characteristics of the site and is not in conflict with the public interest. The complete code section
reads as follows:
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“67 -6516. VARIANCE — DEFINITIO N — APPLICATION — NOTICE — HEARING. Each
governing board shall provide, as part of the zoning ordinance, for the processing of applications for
variance permits. A variance is a modification of the bulk and placement requirements of the
ordinance as to lot size, lot coverage, width, depth, f ront 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 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 opportu nity to be heard shall be provided
to property owners adjoining the parcel under consideration and the manager or person in charge of
the local airport if the variance could create an aviation hazard as defined in section 21-501, Idaho
Code. Denial of a variance permit or approval of a variance permit with conditions unacceptable to
the landowner may be subject to the regulatory taking analysis provided for by secti on 67-8003,
Idaho Code, consistent with the requirements established thereby.”
Therefore, the City proposes an amendment to the UDC consistent with Idaho Code for the first
Finding listed above pertaining to the variance not granting a right or special privilege to be removed
as shown in Section VI.
Staff believes the proposed amendment will clarify the Findings Council is required to make in order
to grant a Variance consistent with State Code.
V. DECISION
Staff:
Staff recommends approval of the proposed text amendment to the UDC based on the analysis provided
in Section IV as noted in Section VI per the Findings of Fact and Conclusions of Law listed in Section
VII.
VI. EXHIBITS
A. Proposed Text Amendment
A. Purpose: The purpose of this section is to establish procedures for modification from the bulk
and placement requirements of this title.
B. Applicability: The provisions of this section shall apply to requests to vary from the
requirements of this title with respect to lot size, width, and depth; front, side, and rear
setbacks; parking spaces; building height; all other provisions of this title affecting the size
and shape of a structure or the placement upon properties. If a means of alternative
compliance is available, it should be exhausted before applying for a variance.
C. Process:
1. The applicant shall complete a pre-application conference with the director prior to
submittal of an application for a variance.
2. An application and fees, in accord with article A, "General Provisions", of this chapter,
shall be submitted to the director on forms provided by the planning department.
3. The council shall apply the standard listed in subsection D of this section and all the
findings listed in subsection E of this section to review the variance.
D. Standard: The variance shall comply with Idaho Code section 67-6516.
E. Required Findings: In order to grant a variance, the council shall make the following
findings:
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1. The variance shall not grant a right or special privilege that is not otherwise allowed in
the district;
21. The variance relieves an undue hardship because of characteristics of the site; and
32. The variance shall not be detrimental to the public health, safety, and welfare.
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VII. FINDINGS
1. UNIFIED DEVELOPMENT CODE TEXT AMENDMENTS: (UDC 11-5B-3E)
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant a text amendment
to the Unified Development Code, the Council shall make the following findings:
A. The text amendment complies with the applicable provisions of the comprehensive plan;
Staff finds that the proposed UDC text amendment, as shown in Section VI above, complies with
the applicable provisions of the Comprehensive Plan.
B. The text amendment shall not be materially detrimental to the public health, safety, and
welfare; and
Staff finds that the proposed zoning ordinance amendment should not be detrimental to
the public health, safety or welfare.
C. The text amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts.
Staff finds that the proposed amendment does not propose any changes to how
public utilities and services are provided to developments. All City departments,
public agencies and service providers that currently review applications will
continue to do so. Please refer to any written or oral testimony provided by any
public service provider(s) when making this finding.