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Home My WebLink AboutStaff Comments !- STAFF REPORT CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF MARCH 14,2006 c{{;¡ rid i 1!t \ '\~t".~" IRE ÇE IVE D '-"-'!"..-',- -v....~")/--_.--' -~-""~ _w A'RI1 0 2006 City Council Hearing Hearing Date: March 14,2006 Mayor and City Council Josh Wilson, Associate City Planner Vallin Courts Setbacks Variance TO: FROM: SUBJECT: . V AR-06-007 City Of Meridian City Clerk Office Request for a variance to UDC 11-2A-6 to measure street setbacks from the property line rather than the back of sidewalk for Vallin Courts Subdivision, by Walker Homes. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting a variance from Section 11-2A-6 of the Unified Development Code (UDC) which establishes that street side building setbacks shall be measured from the back of the sidewalk. The applicant's justification for the variance is outlined below. 2. SUMMARY RECOMMENDATION Staff is recommending approval of the subject Variance application (V AR~06-007) for the reasons listed herein. We find that the application meets all of the findings required in the UDC in order for the City Council to grant a variance (see Exhibit C). 3. PROPOSED MOTION (to be considered after the public hearing) Update Approval After considering all staff, applicant and public testimony, I move to approve File Number V AR- 06-007 as presented in the staff report for the hearing date of March 14, 2006. Denial After considering all staff, applicant and public testimony, I move to deny File Number V AR-06- 007 as presented in the staff report for the hearing date of March 14, 2006, for the following reasons: (you should state specific reasons for denial.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number V AR-O6-007 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: West ofN. Meridian Road, south ofE. Ustick Road NE ~, Section 1, Township 3N, Range 1 W b. Owners Walker Homes, Inc. 880 Franklin Road, Suite 306 Meridian, ill 83642 Westminster Homes, Inc. 128 S. Eagle Road Eagle, ill 83616 Vallin Courts Setback Variance V AR-O6-007 PAGE 1 ~- CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF MARCH 14,2006 c. Applicant: Walker Homes, Inc. 880 Franklin Road, Suite 306 Meridian, ill 83642 d. Representative: e. Present Zoning: Greg Walker, Walker Homes, Inc. R.8 f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: 1. See Exhibit A for a list of the properties included in the variance request h. Applicant's Statement/Justification: "Walker Homes and Westminster Homes are requesting that the front setbacks be measured from the property pins which are in front of the sidewalk instead of from the rear of the sidewalk. When I was in the process of buying Vallin Court Subdivision, I went to the Meridian Planning Department and asked them what the setback requirements were. I was told it would be from the pins since there was a 7 or 8 foot strip of grass between the street curb and the sidewalk. I then designed all of my single level patio homes to fit the building envelope. I made my decision as to the purchase ofVallin Court Subdivision based on the information I was given by the Meridian Planning Department. Therefore, I am asking for the front setback to remain from the property pins and not the rear of the sidewalk." , 4. PROCESS FACTS a. The subject application will in fact constitute a variance as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table lI- SA-I), a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: February 20 and March 6, 2006 c. Radius notices mailed to properties within 300 feet on: February 17, 2006 d. Applicant posted notice on site by: March 4, 2006 5. LAND USE a. Existing Land Use(s): Being developed as a residential subdivision b. Description of Character of Surrounding Area: Single family residential c. Adjacent Land Use and Zoning 1. North: Vacant land and residences, zoned RUT. 2. West: Proposed Crossfield Subdivision, zoned R-8. 3. South: Waterbury Park Subdivision, zoned R-4. 4. East: Lansbury Lane Subdivision, zoned R-4. d. History of Previous Actions: AZ-03-036, PP-03-042, CUP-04-016, FP-04.079 (aka Salisbury Sub. No.2) 6. AGENCY COMMENTS MEETING On December 30th, 2005 staff held an agency comments meeting. However, no comments were provided for the Variance application. Please see the public record for the Variance file for any written comments that may have been submitted by other agencies. 7. UNIFIED DEVELOPMENT CODE Vallin Courts Setback Variance V AR-O6-007 PAGE 2 ~ - CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF MARCH 14,2006 The following UDC sections are pertinent to this application: a. UDC 11-2A-5: Dimensional Standards for the R-8 District: Street Setback*** to Garage (in feet) Local 20 Street Setback*** to Living Area (in feet) Local 15 ***Measured from back of sidewalk 8. ANALYSIS 9.1 The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-5B-4E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: Staff finds that persons who develop residential subdivisions under the Unified Development Code have a reasonable expectation of how the front (street) setbacks will be measured and can configure the buildable lots accordingly. The subject subdivision was approved under a previous development code and the method of measuring setbacks has changed through no fault or action of the applicant. Due to this, staff finds that the granting of the variance shall not grant a right or privilege that is otherwise allowed in the district, more specifically, it was allowed under the former zoning regulations. B. The variance relieves an undue hardship because of characteristics of the site; Under former Meridian City Code (MCC) Titles 11 and 12, front (street) building setbacks were measured from the front property line. The Unified Development Code (UDC), which was adopted on September 15, 2005, changed the measurement of setbacks to be measured from the back of the sidewalk. In a development with sidewalks that are attached to the curb, it is typical that the property line is located at the back of the sidewalk and the sidewalk lies within the right-of-way owned by ACHD (Ada County Highway District). In developments such as Vallin Courts Subdivision with sidewalks which are detached from the curb, the sidewalk usually lies upon the lots in the subdivision and is contained in a ACHD sidewalk easement. At the time of Preliminary Plat and Final Plat approval of Va1lin Courts Subdivision, the front (street) building setbacks were measured from the property line, thus the lots were sized and configured with this measurement in mind. After the adoption of the UDC, the setbacks are measured from the back of the sidewalks, greatly reducing the size of structure that can be built upon the lots in the subdivision. The applicant, Greg Walker of Walker Homes, was informed by the Meridian Planning Department before he purchased the subdivision that setbacks would be from the property line and he took that advice in good faith when considering the purchase. Staff was unaware at that time of the changes that would be made to the development regulations for the City of Meridian and Mr. Walker was caught unaware by the new regulations when he applied to begin building homes within the subdivision. Due to this, staff fmds that the granting of the variance shall relieve an undue hardship because of characteristics of the site and how the lots within the subdivision were originally designed at the time of plat approval. c. The variance shall not be detrimental to the public health, safety, and welfare. Staff finds that allowing setbacks to be measured from the property line will not be detrimental to the public health, safety, and/or welfare. Vall in Courts Setback Variance V AR-O6.007 PAGE 3 ~ ! CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF MARCH 14,2006 9. EXHffiITS A. List of Properties included in the variance request B. Legal Description C. Required Findings from UDC (Variance) Vallin Courts Setback Variance V AR-O6-007 PAGE 4 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF MARCH 14,2006 Exhibit A: List of properties included in the variance request ~estminister Homes, Inc. Viiiin -Coùns -- ..--....-.---"------ . -- ---- -------------- T ---- - ---------- ---- --------- ------------- ------------- - --- --~-=-:~----=__-Äddre!~~:~=-----=--_:-=:__. Block 1 Meridian 10 83642 . L!J~__- -- ~~_'t!!id~_~_a\f!3n W~y--- --------__n____- __n BIOckY- --__n_--- ------------------------ --- --- ------------- ------------------------ ~~:~-- ~~=::_=-- ~~;1-~--~~~:;~:~:t--~------- ---- bC?~...-- 2?~~~~¥.__~.\IenVY~y~- ----.-------.--------- Lot 5 2728 N Rj~e Haven Way--. ----" ---------- ~f=-=~ ~'S-L~-= -~~~~~ BloCki----- ----_--_n--__-. ----- ------ --------------- ------------ l~L3-1_- .=-:_~'- ;~~-~=g~~~:~t - "=: .~-~-:~-~~=.==:: -~---- ------ ?,851 tU~Î~"'-~-~~... - Lo~__--_-- 283~~ Rld~!:!!i'_Avenue- -- ---------------- Lot 5__- --- _?823 tI. Rid ~~venue --- --._----- ~t~- ?~-- N ~b~!y- Ave~~_-=:::=-=--~=::--=="-- .- Lo!! -------m 27~1..!4~!:!!}'~ven~ LoIS - --------..-------------------------------- l oiI~~-= -- ~~- ~~-f4- Rid~--uiiA veñ~=-==~-=:_-=:_~~-- ~== lot 1°--_-- --- .2743 ~ Ridgeb~!y' Avenue. - . ~ ;i~~ ~~:::~=;L:~~ --~ Lot 14 Common Area -ç?t 15 =-~:--=- ~_~¥ì....!~iaá.[~sStr~r-.--'-~-------'-_.. Lot 16 649 W Indian Rocks Slreel----- -- -------,,- lòT1f-- '---- 627WfndianRockS-Street------- -------- LOI18----- eosWiiïdlarÌROcks Street .------n____--_-- ---------" t;ir:_.- g!--~I~::~ ~~::::: -----~==-:-=-:_=:_:_--=- Lot 21 531 W Indian Rocks Street - --- --. ------ --.. -"~------------------------------._------,,--------------------..._----------------------- kk4--------- -----------------_--_n___--__---- -------------------------------------- Lot 1 ---. '- 2717 N RIdge H.~--~~"-----_.. '-- -------- Lot.~.- .. .... COfI1!!!CNI Area - Lot 3 - .. 2732 N Valiin-AvSnue------'---'--" -------.--- t~~~_..--~:_---_:~:¡~~~~~~=~.~~e==~~----'-------' ._--....... t~~~ . .~~ ~~::::~ ~~:~~:.. !:~t~-- '!:~~!~-Nvälll~Ä~~ue:_- n- Lot 9 i Common Area- --- Lot 10 r2~f9N-RidgeÏ;a\¡en ïivã'i---- ~;:- ~~._-- ...-- )~~??_~I3_I_j9?_:~¿¡_';~,!!:.~~~>--------~-_._--_... ....._---.---__~I Meridian Gateway Variance Application Exhibit A Page 1 ~ CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF MARCH 14,2006 I:-....nt!n~, :"l!'!e~tJ.!1in~~tet'_!:f~!..!~.- , BI:~:7-~=--- ~-I-:~~1:--I~-~~i- Lot 1 f760 W Sed~ck: Street L[O~_:-_-t[7~..._._._-_._-_:-.-:-----:---.- :lli_-_I?46L_r_~..'_.w[¡----;_._'~_._-_._._;_:ckE_~_:_-- --.- .S~_!_:_:_--tr~eef_._:_t~-'- ._--~~~ l_#~~;~- LO'-]1____.1.3O IN ~'" s- - - - - ---- Lot!~- -- - 2811 N Ridge Haven ~-_._-- -~~t_.,,1~- -- ~~- N ~i~8ê1veñ-WI:li"-- ., ----- -------- Lot 2Q___--- 266? N Ric;ge Haven Way' -~------------------ Lot 21 2893 N Ri Haven wä -m--_____.--- -- ---"'.-.---,,---. ""'------..- Meridian Gateway Variance Application Exhibit A Page 2 '- ! CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF MARCH 14,2006 ~al~er ~Om!!Sn:~alll!! ~~~.. Address -"'--"_n"""-"-".n'n.__... -.- , M~!,!~~_I~_83642______- Block 5 h~L1_- ?~5 V:~Lg~i~e Stre~ . lot 2 739 W Claire Street-"- ~~fl1~~~~ - LO!,.~_-- ~~~.W Indian RO<:ks Streef-" -'" Lot 10 '" , 706 W Indian RockSSlreet --- . lotj1 694 ~llry~ian~Qcks-§tr..~"'--~:---' Lot 1_?'n 67~."Y.lndia.r1. R~s Street-- .~.o.t~-., ~Wln.dian-R~.§!~t-~-n '-'-'----"-'-'-----'---'" Block 6 lot.)__- 7~~ W §~~ßtr~--._-- L-S!~, 727 '!'I Se~:JI!..~~-$lreet --.-- .... Lo.tL ?9~w..§!dgewi~ Str~~,- ._- bot L ,- 683- W Sedgewick Street . Ll)tL E¡E)?, w _!?edge\!i~§!r~~f:~:=:--:-~: Lot6.._- 65'!...WSedgewi<:!<:.§!'!!t_u., . -- L~~- J:~~ Area- Lot,.~.___,741!WClaireStreet "-n__u .-. Lot9.- 730 ÌN. Clàire Streeï--'--""-'-' LI),-!Q..., 7~ W'Clairesìree¡---n.----- L9!_1l- . 688 W cia¡¡:e Street "-'--'- -- L_~_1.~. 6?Q W Çlairè-Štreet"-- - --.-. n ~()!g ",656 '!' CTai~!)~rEiet=~_==--:_. BIOêj( 1--------------------------- Lot 1 2878 N Ri Meridian Gateway Variance Application Exhibit A Page 3 ,~ CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF MARCH 14,2006 Exhibit B: Legal Description I .1 !i ì I 1- i I I I §J! ~i ¡:~ ;?. Q~ :1 1:." lIQ . II ~, ---i- r 11:IYP [If" 1>'" if' ,s.. li1' n~H. r :N - (~::',' ~\'t!i Uhii¡ In, j~ {~~ í Hii ~-~lf~H H H i I ,:~.-~~J I t IhsJii 1~ I :r JU :1 ~ii! i. il! 1" l~ -t "-.c£-., i' rq,'!fii u!f ;~ ill U Hi hh"r ~~ Ii ~ --.? f~ ~t 'It! jiH 91 l:i J! 1Ft flf~f- P ~; ~ Ii if :911 'fif n U"I :\', f.i~¡ ~! aJ i I I! ~!!IL!i ;~i~: ~i! ~I ~~I ~¡~r.!I!!, ~* qr ¡~:ie" " 17~ « ~', !.,'~ ,I ;'~ , f'~i i'i;:";~"iè';";<'" i¡ ¿-;""."., . J. q ~H¿]'; ;f! ;'; ~\i ;,; :;f F;;i' ~~ ~~ ; : ,. 'I.<J~'~ -~'- "~"'>' I" ,"1) ~--~) ,~r~ínlh t; ip~~~' \_-~ r, ,,(>:ë ,~¡ I:H. ':: p: ~£tl;": :..-,"; - 1,:~~i!ii,',I,'I..'1 ;\.ilit~f;f:. l-~i; ;~~~ ~; ~~ ~i~ ~'ji~; ~~ i i liiH,~ . i'~. . ~ ¡'~, ,,¿ tj=~r~ j, ¡! .!, I í f~',~. ~.' t!. ~" P" ,'! -, ~ i r J ~;1-'~;~';:1 i a ~'~ -- :: t ¡;'. L",..,_.-..---.--- ¡~~~ ! -- . I 1:3-_". . 0 .'9';'" '- , . ""-'" . . "" '" . .,-'" '" "I "-' '1<"¿ 1'¡;"'i\.",'\?1'.. -"'~F~i '~d"ll<~.~,~:Ut.. ~ i! I '" '" , , r ,- "', -, .- "" ¡ .. C) :~;:~~-¡~;~"'~'¡é,~~1-~~ Meridian Gateway Variance Application Exhibit B Page 1 -----.,. ~ ~ I I ~ i' I "I 'll Sq ! fi I !l f I j I I ~.. ¡ CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARlNG DATE OF MARCH 14,2006 Exhibit C: Required Findings from UDC (Variance) The City Council shall apply the standards listed in Idaho Code 67~6516 and all the findings listed in Section 11-5B-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make thefollowingfindings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: Staff finds that persons who develop residential subdivisions under the Unified Development Code have a reasonable expectation of how the front (street) setbacks will be measured and can configure the buildable lots accordingly. The subject subdivision was approved under a previous development code and the method of measuring setbacks has changed through no fault or action of the applicant. Due to this, City Council finds that the granting of the variance shall not grant a right or privilege that is otherwise allowed in the district, more specifically, it was allowed under the former zoning regulations. B. The variance relieves an undue hardship because of characteristics of the site; Under former Meridian City Code (MCC) Titles 11 and 12, front (street) building setbacks were measured from the front property line. The Unified Development Code (UDC), which was adopted on September 15, 2005, changed the measurement of setbacks to be measured ITom the back of the sidewalk. In a development with sidewalks that are attached to the curb, it is typical that the property line is located at the back of the sidewalk and the sidewalk lies within the right-of-way owned by ACHD (Ada County Highway District). In developments such as Vallin Courts Subdivision with sidewalks which are detached from the curb, the sidewalk usually lies upon the lots in the subdivision and is contained in a ACHD sidewalk easement. At the time of Preliminary Plat and Final Plat approval of Vall in Courts Subdivision, the front (street) building setbacks were measured from the property line, thus the lots were sized and configured with this measurement in mind. After the adoption of the UDC, the setbacks are measured from the back of the sidewalks, greatly reducing the size of structure that can be built upon the lots in the subdivision. The applicant, Greg Walker of Walker Homes, was informed by the Meridian Planning Department before he purchased the subdivision that setbacks would be from the property line and he took that advice in good faith when considering the purchase. Staff was unaware at that time of the changes that would be made to the development regulations for the City of Meridian and Mr, Walker was caught unaware by the new regulations when he applied to begin building homes within the subdivision. Due to this, City Council finds that the granting of the variance shall relieve an undue hardship because of characteristics of the site and how the lots within the subdivision were originally designed at the time of plat approval. C. The variance shall not be detrimental to the public health, safety, and welfare. City Council finds that allowing setbacks to be measured from the property line will not be detrimental to the public health, safety, and/or welfare. Meridian Gateway Variancc Application Exhibit C Page 1