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HomeMy WebLinkAboutStaff Comments MAYOR Ta~y de Weerd ~ olferi di!C ~ CITY HALL (208) 8884433 - Fax 8874813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211- Fax 898-9551 CITY COUNCIL MEMBERS Keilh Bird William LM. Nili)' Shaun Wardle Charles M. Roun1I<e IDAHO LEGAL DEPARTMENT (208) 466-9272 - FAX 4664405 MEMORANDUM: Hearing Date: October 5, 2004 To: Mayor and City Council Sonya Allen, Assistant City Planner J.f RECEIVED OCT 0 1 20()l¡ From: Re: Donna & Earl Bohm Variance City Of Meridian City Clerk Office . Request for a Variance from Meridian City Code (MCC) 11-10-6 "Garages," to Allow the Required Two-car Garage to be Used as a Preschool for Five or Fewer Children in the R-4 Zone at 1451 N. Santa Rosa Place (File No. VAR- 04-006). Planning and Zoning staff have reviewed the applicant's submittal, and we offer the following comments and recommendations: APPLICATION SUMMARY The applicants, Earl & Donna Bohrn, have requested a variance from Meridian City Code (MCC) 11-10-6 "Garages," to allow a preschool for five or fewer children to be operated out of their three-car garage. Their home is located at 1451 N. Santa Rosa Place, in The Vineyards Subdivision, and is in the R-4 (Low Density Residential) zoning district. MCC 11-10-6 states that, "All single-family detached housing units shall have a garage capable of housing at least two (2) standard size automobiles, at a minimum (Ord. 592, 11-17-1992)." Background Information: Donna Bohrn applied for an Accessory Use Permit (AUP) on May 11, 2004 to operate a preschool for five or fewer children in her home. The application was noticed in the Idaho Statesman and abutting property owners were noticed regarding the proposed use of the property. No objections were filed with the City of Meridian within the allowed time period. Prior to approval of an AUP the City requires the Planning and Zoning Department and the Fire Department to conduct inspections of the home pertaining to the proposed use. Sonya Allen conducted an inspection on July 9, 2004 and found the daycare took up the entire the three-car garage. The hardware for the garage doors had been removed and the inside was finished out like any other room in the house with bookshelves secured to the wall to cover the inside of the VAR-04-006 Bohm Doona V AR.doc garage doors. The site plan that was submitted with the AUP indicated the preschool would be located in what appeared to be the third bay of the garage. The rest of the garage was labeled "garage" on the site plan. Had the applicant proceeded with the remodel of the third bay of the garage for the daycare and left the remaining part as a garage as shown on the site plan, it would have complied with MCC. The AUP application also stated that the residence would not be altered in appearance due to construction, lighting, or signs G., pg. 3). At the time of inspection, the applicant had removed the garage door on the third bay, walled in the area and installed a walk-thru door and a small window, and placed a sign advertising the preschool in the window. Had staff known that the Bohrn's intended on using the entire garage for the preschool, they would have been informed at that time that the proposed use would not be allowed according to MCC, saving them the time and money expended for the remodel. Building permits were not obtained for the structural changes to their garage; the structural changes were made when the Bohrn's removed the 3rd garage door bay. The Bohrn's are now applying for a Variance to allow them to be exempt from the requirement of having a garage capable of housing two automobiles. Upon notice to the surrounding property owners, several objections were filed against the proposed variance allowing a daycare to be operated out of their neighbor's garage. The reasons for the objections were as follows: business in home is against CC&R's, preschool would create additional traffic which would be a hazard to pedestrians and autos, concern about the impact on property values of adjacent homes, another childcare facility not needed due to the two existing facilities in close proximity, on-street parking/safety concerns for children being dropped off or picked up, and potential noise created by children. Staff recommends that the variance application be denied by the City Council according to the reasons stated above and the inability to make the required findings. SURROUNDING PROPERTIES The subject property is located in The Vineyards Subdivision and is surrounded by single- family residences, zoned R-4. To the north of the property, both within approximately 220-feet, are two other existing childcare facilities. REOUIRED FINDINGS According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings (MCCII-18-3), all of which must be determined before granting a variance: A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; VAR-04-006 Bohm Doona V AR.doc 2 Staff finds that there are no special circumstances or conditions affecting this property that would make the strict application of the provisions of this Title impracticable or unreasonable. In the past, other folks have requested a business as an accessory use to their dwelling in a required two-car garage and have been denied. There is nothing special or extraordinary about this property that would distinguish it from others who have been denied for the same request. The preschool could be reasonably accommodated in the living portions of the existing residence. B. That strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title wiD result in inhibiting the achievements or the objectives of this Title; Due to the fact that the 8obrn's have already renovated their garage into a preschool facility without approval of the City, strict compliance with the requirements of this Title would force them to return their garage to its previous state. It would be a monetary hardship to reconstruct the garage and move the preschool into the living portions of the house. However, monetary hardships are generally not sufficient as findings for a variance approval. C. That the granting of the specified variance wiU not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; Staff anticipates that the variance will not be detrimental to the public's welfare or injurious to other properties in the area; however, several objections were filed by surrounding property owners against the variance request. Staff recommends that the Council reference any written or oral testimony provided at or prior to the public hearing in determining whether or not the surrounding properties may be negatively affected by granting a variance. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan." Staff finds that the issuance of a variance for reducing housing standards to allow the garage to be used as a preschool facility and not be capable of housing two automobiles will have the effect of altering the purpose and/or interest of the Zoning Ordinance or the Comprehensive Plan. Staff routinely rejects home occupation applications where the use is located in the garage. STAFF RECOMMENDATION VAR-04-006 Bohm Doona V AR.doc Staff is recommending denial of the variance from MCC 11-10-6 to allow the applicant to be exempt from the requirement of having a garage capable of housing two cars and to be able to operate a preschool in that area. VAR-Q4-006 Bohm Donna V AR.doc 4