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HomeMy WebLinkAboutDana & Rhonda Patterson VAR 06-009 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER JUN 0 C' cUe;i"dicrN RECEIVED 2006 \. \, .,, V \ ' IDAHO jV ':; /; , \."-f' // "!'~"!:I~~.r!",~". ,,~:Y,'c'~I>.<::~,~~) Request for a Variance from Section 11-2A-4 (dimensional standards) of the Unified Development Code, to allow a patio in the required rear yard at 5278 N. Cougar Flat Place, by Dana and Rhonda Patterson. Case No: V AR-06-009 For the City Council Hearing Date of: May 16, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of 5/16/06 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of 5/16/06 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of 5/16/06 incorporated by reference) 4. Unified Development Code Required Variance Findings (see attached Staff Report for the hearing date of 5/16/06 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. 967-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title II Meridian City Code, and aU current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code g II-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-06-009 - PAGE I of 3 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval applies to 5278 N. Cougar Flat Place. 8. That this variance approval allows for a patio structure to encroach approximately 6 feet into the required rear yard. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code S II-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Variance application is hereby approved for the reasons cited in the Staff Report for the hearing date of 5/16/06; D. Attached; Staff Report for the hearing date of 5/16/06 with findings modified to reflect City Council's decision. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). v AR-06-009 - PAGE 2 on By action of the City Council at its regular meeting held on the ~..e. ' 2006. (/ '> 6~ day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED ~ VOTED ~ VOTED /Jtj.hv6- COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD VOTED ATTEST: __~~_~, 17 ( ~ ~ ~ ~- ~"O"- WILLIAM G. ERG, JR., ITY; CLE&... ., 1S'\ ' J,;'t /' ~ . :t"!.. ,~... '~....", ~... "q'''1 ' ~ ,-", ;flll~ ~ \\\~\ . ./ . "'film HI.\\\ v ApplIcant v Planning Department v Public Works Department V""" City Attorney By:, J.. . ~ a Q..I'----l ~s Office / Copy served upon: Dated: l 6.. ~..ou CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-06-009 - PAGE 3 of 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 16,2006 STAFF REPORT City Council ~ 0 / nr. oil! Hearing Date: 05/16/2006 '-/VltJri di ern '\, IDAHO ,i Mayor and City Council f ~.:0:t'l,. i--/ Kristy Vigil, Assistant City Planner "<t":!~~J).,,,,,\s'.t!>""Tt;01 5278 N. Cougar Flat Place (Dana & Ronda Patterson) Variance File No. V AR-06-009 Variance request to UDC 11-2A-4 to allow for a patio structure in the required rear yard by Dana and Ronda Patterson. TO: FROM: SUBJECT: 1. SUMMARY 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 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 10-foot wide public utility, irrigation and drainage easement. 2. HEARING FACTS The Meridian City Council heard the item on May 16,2006. At the public hearing they moved to approve the variance request. a. Summary of Public Hearing: i. In favor: Rhonda Patterson, Applicant 11. In opposition: None 111. Commenting: None iv. Staff presenting application: Anna Canning v. Other staff commenting on application: Bill Nary and Len Grady b. Key Issues of Discussion by Council: i. To allow a patio structure in the required rear yard; ii. Two of the weight bearing posts located within a 10-foot wide public utility, irrigation, and drainage easement. 111. Applicant to file an application to vacate the easement; c. Key Council Changes to Staff Recommendation: i. The Council voted to recommend approval of the requested variance. 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.) 5278 N, Cougar Flat Place Variance V AR-06-009 Page I CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 16, 2006 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 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 11- 5A-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 28th, 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-02-0IO), preliminary plat (PP-02-009) and conditional use permit (CUP-02-012) applications for Lochsa Falls Subdivision. In February of 2003, the City Council approved the final plat for Lochsa Falls Subdivision No.3, which included 67 single-family lots on 22.31 acres. 5278 N. Cougar Flat Place Variance V AR-06-009 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 16,2006 e. Existing Constraints and Opportunities 1. Public Works Issues or concerns: Two posts will need to be moved out of the lO-[oot back lot line utility easement. 2. Vegetation: None 3. Flood plain: N/A 4. CanalslDitches Irrigation: N/A 5. Hazards: None Identified 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 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: Single-family residential is principally permitted in the R-4 zone. The minimum required rear yard in the R-4 zone is IS-feet. Further, there is an existing lO-foot wide public utility, drainage and irrigation easement along the rear property line of the subject site. However, the Council finds that the requested variance, to allow a patio structure in the required rear yard, will not grant a special privilege to the subject applicant. The property is being developed in a fashion similar to surrounding properties as far as the amount of the lot covered by structures/buildings, and the proposed variance is to allow a covered porch, not an enclosed portion of the building. B. The variance relieves an undue hardship because of characteristics of the site; The Council finds there are no physical characteristics of the site which require the applicant to construct a patio structure in the required rear yard. The Council further 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. However, Council fmds that this is an unusually shallow lot for the general area. By providing relief from the rear setback requirement, the property will have buildable areas similar to the surrounding properties. 5278 N. Cougar Flat Place Variance V AR-06-009 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 16,2006 C. The variance shall not be detrimental to the public health, safety, and welfare. The Council fmds that allowing a patio structure in the required rear yard will not be detrimental to the public health, safety, andlor 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 "fmdings test" for granting a variance (see Section 9.1 above.) Based on the UDC policies for required rear yards and the required fmdings 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 ofllie subiect Variance application. The existing patio structure should be relocated to conform to the required rear setback of the R-4 zone and be located outside of the existing public utility, irrigation and drainage easement. 5278 N. Cougar Flat Place Variance V AR-06-009 Page 4