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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 16,2006
STAFF REPORT
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Mayor and City Council ~ y
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Kristy Vigil, Assistant City Planner "~~'.#'~J:~~~.L'!!S!'4};!,~ø'~~'f"~
5278 N. Cougar Flat Place (Dana & Ronda Patterson) Variance
File No. V AR-06-009
City Council
Hearing Date: 05/16/2006
TO:
FROM:
SUBJECT:
Variance request to UDC ll-2A-4 to allow for a patio structure in the
required rear yard by Dana and Ronda Patterson.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant is requesting a variance from Section ll-2A-4 of the Unified Development Code (UDC)
that requires a minimum of 15 feet for the required rear yard. There are existing posts for a patio cover
that encroach approximately 6 feet into the required 15 foot rear setback Two of those posts encroach
approximately 15 inches into a lO-foot wide public utility, irrigation and drainage easement.
2. SUMMARY RECOMMENDATION
Staff is recommending denial of the subject Variance application (V AR-06-009) for the reasons listed
herein. Staff does not find that the application meets all ofthe findings required in the UDC in order for
the City Council to grant a variance. (See the analysis and findings, in Section 9 of this report, for more
details. )
3. PROPOSED MOTION (to be considered after the public hearing)
Denial
I move to deny File Number V AR-06-009, as presented in the staff report for the hearing date of
May 16, 2006 and direct Legal Staff to prepare the appropriate findings document for denial.
Approval
I move to approve File Number V AR-06-009, as presented in staff report for the hearing date
of May 16, 2006 and direct Planning Staff to prepare findings for approval based on tonight's
hearing, with the specific following changes: (State how the variance meets the findings in
Section 9.1 of the Staff Report.)
Continuance
I move to continue File Number V AR-06-009, 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:
5278 N. Cougar Flat Place (Lot 10, Block 12, Lochsa Falls Subdivision No.3); generally
north of McMillan Road and west of Linder Road.
Township 4N, Range 1 W, Section 26
b. Owner/Applicant:
Dana and Ronda Patterson
PO Box 816
Meridian, Idaho 83680
c. Present Zoning: Medium Low-Density Residential (R-4), Meridian
5278 N. Cougar Flat Place Variance V AR-06-009
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 16, 2006
d. Present Comprehensive Plan Designation: Medium Density Residential- 2002
Comprehensive Future Land Use Map
e. Description of Applicant's Request: The applicant is requesting a variance from Section 11-
2A-4 of the Unified Development Code (UDC) that requires a minimum of IS-feet for the
required rear yard.
f. Applicant's Statement/Justification: We were working with the understanding that backyard
setback measurements are taken from the structural footings furthest back on the property. We
planned the patio accordingly and the cover was constructed. Upon inspection, we were
informed that the measurements are taken from the posts and not the footings. The post now
encroach into the setback (please see the applicant's submittal letter for more information.)
5. 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: April 24th and May 8th, 2006
c. Radius notices mailed to properties within 300 feet on: April 21 S\ 2006
d. Applicant posted notice on site by: April 281h, 2006
6. LAND USE
a. Existing Land Use(s): Residential
b. Description of Character of Surrounding Area: Primarily, single-family residences in
Meridian.
c. Adjacent Land Use and Zoning:
1. North: Single-family lots, zoned R-4
2. West: Single-family lots, zoned R-4
3. South: Single-family lots, zoned R-4
4. East: Single-family lots, zoned R-4
d. History of Previous Actions: In 2002, the City Council approved annexation and zoning
(AZ-02-0l0), preliminary plat (PP.02-009) and conditional use permit (CUP-02-0l2)
applications for Lochsa Falls Subdivision. In February of2003, the City Council approved
the final plat for Lochsa Falls Subdivision No.3, which included 67 single-family lots on
22.31 acres.
e. Existing Constraints and Opportunities
1. Public Works
Issues or concerns: Two posts will need to be moved out of the lO-foot back
lot line utility easement.
2. Vegetation:
None
3. Flood plain: N/A
4. CanalslDitches Irrigation: N/A
5. Hazards: None Identified
5278 N. Cougar Flat Place Variance V AR-06-009
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 16,2006
6. Size of Property: 0.311
7. Description of Use: Single-family residential
7. AGENCY COMMENTS MEETING No agency comments meeting was held regarding this
application. Both the Meridian Public Works Department and Settlers' Irrigation District have provided
comments on this application, stating that building structures need to be located outside of the 10'
easement (2 posts currently encroach into the easement).
8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated 'Medium
Density Residential' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this
designation is defined as areas containing between 3 and 8 dwelling units per acre. The Comprehensive
Plan is silent on variance requests in residential zones. However, temporary uses are allowed in the R-4
zone, as accessory uses (UDC ll-2A-2 Table ll-2A-2) (please see Section 9 below for detailed analysis.)
9. UNIFIED DEVELOPMENT CODE REQUIRED VARIANCE FINDINGS Staff finds that
the following UDC sections are pertinent to the Variance application (staff analysis in italics below
section):
9.1
The City Council shall apply the standards listed in Idaho Code 67-6516 and all the
findings listed in Section ll-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:
Single-family residential is principally permitted in the R-4 zone. However, the minimum
required rear yard in the R-4 zone is 15-feet. Further, there is an existing IO-foot wide
public utility, drainage and irrigation easement along the rear property line of the subject
site. Staff finds that if the City Council grants the requested variance, to allow a patio
structure in the required rear yard, a special privilege will be granted to the subj ect
applicant. Also, if allowed to remain, there will be two posts that encroach into a public
utility, irrigation and drainage easement. The Public Works Department and the Settlers'
Irrigation District require this area to be free of pennanent structures.
B. The variance relieves an undue hardship because of characteristics of the site;
Staff finds there are no physical characteristics of the site which require the applicant to
construct a patio structure in the required rear yard. For example, the lot is approximately
l30-feet long by 1 99-feet wide, a typical lot in the subdivision. Staff finds that there are
no major canals or ditches running through this lot, and there are no topographical
features or other physical characteristics which would prevent full compliance with the
standard structure setback.
The variance shall not be detrimental to the public health, safety, and welfare.
Staff finds that allowing a patio structure in the required rear yard will not be detrimental
to the public health, safety, and/or welfare.
10. RECOMMENDATION
The applicant's request to grant the variance was summarized in Section 4.h of this report. Please see the
application for more details. Staff does not believe the applicant's justification meets the "findings test"
for granting a variance (see Section 9.1 above.) Based on the UDC policies for required rear yards and the
required findings for a variance, staff finds there is a lack of evidence and grounds to grant a variance to
UDC 11- 2A -4. Therefore. staff recommends denial of the subi ect Variance aDD lication. The existinu: patio
structure should be relocated to conform to the required rear setback of the R-4 zone and be located
outside of the existinu: public utility. irriu:ation and drainau:e easement.
c.
5278 N. Cougar Flat Place Variance V AR-06-009
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