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Home My WebLink AboutCC - Staff Report for 4-25 STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING April 25,2023 DATE: Legend TN-R �''F,pi0 Project Location gVyi c Zj� qN FORK DR TO: Mayor&City Council R_ 5 F•po W R a FROM: Stacy Hersh,Associate Planner ( ' ` Ln 0 208-489-0576 R_8 o a 0 SUBJECT: VAR-2023-0001 & ® 3 H-2023-0015 \ N- V' RYS Southridge No. 3 VAR,VAC R'8 F — R4 LOCATION: 1938 W. Henrys Fork Drive, in the NE 1/4 of Section 23,T.3N.,R.1W. Ridenbaugh ca.,o� R-2 RUT 11 I. PROJECT DESCRIPTION Variance and vacation request to allow a one-foot reduction to the required five-foot interior side setback and the public utility, drainage and irrigation easement on the east side of Lot 10,Block 8 for a newly built home in Southridge Subdivision No. 3, due to a staking error which resulted in the home being constructed one-foot within the setback and easement. Applicant Information A. Applicant: Shari Stiles,Engineering Solutions— 1029 N. Rosario Street, Suite 100,Meridian,ID 83642 B. Owner: Jeff Herman, Open Door Rentals LLC— 1977 E. Overland Road,Meridian,ID 83642 C. Representative: Becky McKay,Engineering Solutions,LLP— 1029 N.Rosario Street, Suite 100,Meridian,ID 83642 II. UNIFIED DEVELOPMENT CODE Per UDC Table 11-5A-2,variance and vacation of a utility easement require approval from City Council at a public hearing. Page 1 III. NOTICING City Council Posting Date Newspaper Notification 4/9/2023 Radius notification mailed to 4/6/2023 properties within 300 feet Next Door posting 4/6/2023 Public hearing notice sign posted 4/14/2023 IV. STAFF ANALYSIS The Applicant requests approval for a variance and to vacate the one-foot wide public utility, drainage and irrigation easement to encroach within 1 foot of the five-foot side yard setback/easement on the east side of Lot 10,Block 8 in Southridge Subdivision No. 3. Legal descriptions and exhibit maps of the portions of the easements proposed to be vacated are included in Section VII below. The reason for the request is due to a staking error which resulted in the home being constructed one- foot within the five-foot side yard setback and PUDI easement. The City approved the structural footing inspection and layout of the building on the lot prior to pouring the foundation. The building received certificate of occupancy in 2021 from the City. The encroachment was discovered when the home was purchased in 2022. Because the home has already been built on the subject property, a remedy to correct the deviation is through the approval of a variance and vacation application. The preferred method to remedy this situation would be to process a property boundary adjustment and still vacate a portion of the PUDI the easement,however,there are existing homes adjacent to this property which makes it impractical to adjust the property lines to establish the correct 5-foot interior side yard setback in the R-8 district. Relinquishment letters were received from Sparklight,Lumen,Idaho Power, and Intermountain Gas Company stating they have no objection to the vacation of the utility easements as proposed(see section VII.0 below). In order for the City to approve the variance request,the Council has to make Findings in the affirmative. Based on the analysis above, Staff believes there is sufficient cause to support the request as noted in the Findings section below for the Council to approve the request. V. DECISION A. Staff: Staff recommends approval of the variance and vacation of utility easements as proposed by the Applicant per the Findings in section VII.below. Page 2 VI. EXHIBIT Legal Descriptions &Exhibit Maps of the Portion of the Utility Easements Proposed to be Vacated UTHRID E SUBDIVISION NO. 3 EASEMENT VACATION A PORTION OF LOT 10, BLOCK 8, SOUTHRIDOE SUBDIVISION NO. 3 LOCATED IN THE NE 114 OF SECTION 23. T.3N., R.1W.,B.M. CITY QF MERIDIAN, ADA COUNTY, IDAHO T BLOCK 8 N81'58'45'E ~ PROPERTY DRAINAGE AhD PRES571TE ac i; WRIGA NON EA SEVEN F � 5' z 1Q '� 110,Oq' 11 NS'01'15"' PROPOSED 4' PKDE PURiC UMFF PROPERTY DRAINAGE AND PRESSURE 110.�OF 1RRIGA TOM EASEMENT � II PORPON OF EXISTING " 5' EA.SEkEN T TO BE I VA CA TED 110 .SF 1' 5 y I , II y 51 I , II I 581'58'45'IN S8yyV 1yI'�y58'45"W y 4,V ' 7(J-DC POINT OF BEGINNING p515 OF 131=ARNG r �' Y 1 � O W. o' 15 so' Bo' � lut, n Land SuN*YWg and Cawukft t]i E tTx ST.STE x MER131AN 16 SM42 12W WO,X4) 12NIAMS57t.. rxw nmwnv.na YB Iq 22-IF Page 3 Labial description Public Utility, Property Drainage and Pressure Irrigation Easement Vacation Lot 10, Block 8, S.uuthridge Subdivision No. 3 A portion of an existing Pubilt Utility, PropeM Drainage and Pressure Irrigation easement in Lot 10 of Block a of Southridge Subdivision No. 3, as shown in Book 118 of Plats on Pages 18003 through 18007, records of Ada County, Idaho,being located in the NE'/#of$action 23,Township 3 North,Range 1 West,Boise Meridian,City of Mefidian,Ada County,Idaho,and more particularly described as follows: Commencing at %inch iron pin monument marking the southeasterlycornerof said Lot 10,from which iR 14 inch diameter iron pin monument marking the southwesterly corner of said Lot 10 bears S 81'5.0'45'W a distance of 70.W feet- Ti along the southerly boundary of said Lot 10 S 81°58'45"VV a distance of 4.00 feet to the POINT OF BEGINNING; Thence continuing along said boundary$ 81`58'45"W a distance of 1.00 feet to the endpoint of the westerly boundary of an existing 5.00 foot wide Public Utility, Property Drainage and Pressure Irrigation easement as shown on the plat of said South ridge Subdhrision No. 3; Thence along said westerly easeme nt bou nd ary N W01 15°W a dicta rice of 110.00 feet to a point on the northerly boundary of said Lot 10; Thence along said northerly boundary N 81°5845"E a distance of 1.00 feet to a point; Thence leaving said boundary S 8°01'15" E a distance of 110.00 feet to the POINT OF BEGINNING. This easement vacation area eantains 110 square feet(0,003 acres) and is subject to any other easements existing or in use. This description was prepared from data of record and does not represent a field survey of the subject property Clinton VV. Hansen, PLS t+i tANp Land Solutions, PC 5T � March 29, 2022 `�` 0 , y (� O)V �d Oti�>til � 5outUdge 54itdrnaion No 3 Ub ity EB92i112f1t Vacatw ,lab No 22-16 Page 7 pi 7 Page 4 VII. FINDINGS A. Variance(UDC 11-511-4): 1. The variance relieves an undue hardship because of characteristics of the site; Staff finds there are characteristics that hinder this site because the home has already been built on the subject property. The preferred method to remedy this situation would be to process a property boundary adjustment and still vacate a portion of the PUDI easement, however, there are existing homes adjacent to this property which makes it impractical to adjust the property lines to establish the correct 5-foot interior side yard setback in the R-8 district. 2. The variance shall not be detrimental to the public health, safety, and welfare. Staff finds granting the variance should not be detrimental to the public health, safety and welfare. Page 5