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Paramount Sub 7 Lot 16 Blk 12 V AR-06-022 & V AC-06-12
PAGEl
CITY OF MERIDIAN PLANNJNG DEPARTMENT STAFF REPORT FOR HEARING DATE OF OCTOBREC E IVE D
SUBJECT:
OCT 1 S 2006
Hearing Date: October 24, 2006 .~i . Of Meridian
*;j Clerk Office
Mayor & City Council OivC/ridl::n . . ~ '^"\
Sonya W atlers, Associate City Planner \... IlJ'\HO. .Ei f
Mike Cole, Development Services Coordinator~, ~.
(208) 884-5533 ~" .n",-.!!,;~:~~!i.~"1m
Vacation and Variance for Lot 16, Block 12, Paramount Subdivision No.7
(1037 W. Bacall Street)
. V ACw06w012
STAFF REPORT
TO:
FROM:
Request to vacate 2 feet of the existing 5wfoot wide side yard drainage and
irrigation easement located on the east side of Lot 16, Block 12, Paramount
Subdivision No.7, by Brighton Corporation.
. V AR-06-022
Request for a variance from UDC 11-2A-6, to allow a 3-foot wide setback in
the R~8 zone, located on the east side of Lot 16, Block 12, Paramount
Subdivision No.7, by Brighton Corporation.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Brighton Corporation, is requesting approval to vacate 2 feet of the 5 foot drainage and
irrigation easement that was platted with Paramount Subdivision No.7. The subject drainage and
irrigation easements are located along the east boundary of Lot 16, Block 12, Paramount Subdivision No.
7. A variance is also being requested from UDC 11-2A-6, which requires a 4-foot wide interior side
setback in the R-8 zone, to allow for a 3-foot wide setback along the east boundary of the subject site.
The reason for the applicant's request is that a house has already been built on this lot and encroaches
within the side setback and drainage & irrigation easement.
The applicant's justification for the vacation and variance is outlined below in Section 4.
2. SUMMARY RECOMMENDATION
Staff is recommendin2 denial of the subiect Vacation (V AC-06-012) and Variance (V AR-06-022)
applications for the reasons stated herein. We find that the application does not meet the findings
required in the UDC in order for the City Council to grant a variance (see Exhibit C). As a result, Staff
does not recommend approval of the vacation request.
3. PROPOSED MOTION (to be considered after the public hearing) Update
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers V AR-
06-022 and V AC-06-012, as presented during the hearing date of October 24,2006, for the
following reasons: (you should state specific reasons for denial.)
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers
V AR-06~022 and V ACw06w012, as presented during the hearing date of October 24,2006.
Continuance
After considering all staff, applicant and public testimony, I move to continue File Numbers
CITY OF MERIDIAN PLANNJNG DEPARTMENT STAFF REPORT FOR HEARJNG DATE OF OCTOBER 24, 2006
Paramount Sub 7 Lot 16 Blk 12 V AR~06-022 & V AC-06-12
PAGE 2
V AR-06-022 and V AC~06-012 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:
Lot 16, Block 12, Paramount Subdivision No.7 (1037 W. Bacall Street)
NW y.;, Section 25, Township 4N., Range 1 W.
b. Owners
Brighton Homes
12601 W. Explorer Drive, Ste. 200
Boise, ill 83713
c. Applicant:
Brighton Corporation
12601 W. Explorer Drive, Ste. 200
Boise, ill 83713
d. Representative: Jay Walker, Brighton Corporation
e. Present Zoning: R.8
f. Present Comprehensive Plan Designation: Medium Density Residential
g. Description of Applicant's Request: The applicant is requesting approval to vacate 2 feet of the
5 foot drainage and irrigation easement located along the east boundary of Lot 16, Block 12,
Paramount Subdivision No.7. A variance is also being requested from UDC 11-2A-6 that
requires a 4 foot interior side setback in the R-8 zone to allow a 3 foot setback along the same
boundary.
h. Applicant's Statement/Justification: "Being on a comer lot with public right-of-way and
utility easement considerations and adhering to a recent UDC modification, a two foot shift of
the home building layout and foundation was recommended to the east. This two foot shift
from back of sidewalk vs. the property line allowed proper driveway storage as shown in the
attached exhibit, but encroached on side lot easements and setbacks. The easement and
setback encroachment went unnoticed by builders and Meridian's Building Department until
this time of releasing occupancy permits at the sale of the home and property to buyers. It is
for this mistake that Brighton is submitting a vacation and variance application requesting
City's approvaL"
5. PROCESS FACTS
a. The subject application will in fact constitute a Variance as determined by City Ordinance. By
reason of the provisions ofthe Meridian City Code Title 11 Chapter 5, a public hearing is
required before the City Council on this matter.
b. The subject application will in fact constitute a Vacation as determined by City Ordinance. By
reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is
required before the City Council on this matter.
c. Newspaper notifications published on: October 2nd and October 16th, 2006
d. Radius notices mailed to properties within 300 feet on: September 29th, 2006
e. Applicant posted notice on site by: October 13th, 2006
6. LAND USE
a. Existing Land Use(s): Single-family residential property
Paramount Sub 7 Lot 16 Blk 12 V AR-06-022 & V AC-06-12
PAGE 3
CITY OF MERIDIAN PLANNJNG DEPARTMENT STAFF REPORT FOR HEARJNG DATE OF OCTOBER 24, 2006
b. Description of Character of Surrounding Area: Single family residential property
c. Adjacent Land Use and Zoning:
1. North: Paramount Subdivision, zoned Rw8.
2. West: Paramount Subdivision, zoned R~8.
3. South: Paramount Subdivision, zoned R-8.
4. East: Paramount Subdivision, zoned R-8.
d. History of Previous Actions: The City approved Paramount Subdivision, a mixed use
development in 2003 (see File #'s AZ-03-006, PP~03-004, cUP-03-008).
7. UNIFIED DEVELOPMENT CODE
The following UDC section( s) are pertinent to this application:
a. UDC 11-2A-6: Medium-density Residential District (R-8): Dimensional Standards for
development in the R-8 Residential District shall be as follows:
Side setback: 4 feet
(Only applicable standard is listed)
b. UDC 11-6C-3E: Easements:
1. Utility easements shall be provided along front lot lines, rear lot lines and side lot lines
when deemed necessary by the City Engineer or designee.
2. Total easement width shall not be less than ten feet (10').
c. UDC 11-2A-3D: Encroachments allowed in any setback:
2. Chimneys, pop-out windows, direct vent gas frreplaces, entertainment centers, window
seats and other projections which do not increase the usable floor area and do not exceed
eight feet (8') in width may project up to two feet (2') into any required setback.
8. ANALYSIS
Analysis Leading to Staff Recommendation
Staff has provided analysis below regarding the proposed applications.
1. V AR Application:
The applicant is requesting a variance from UDC ll-2A~6 that requires structures to be set
back a minimum of 4 feet from the interior side property boundary in the R-8 zone. There is
also a 5-foot wide drainage and irrigation easement along this boundary, which structures
cannot be built within, making the required setback 5 feet from the side property line instead
of 4 feet. The notes section on the recorded fmal plat for this subdivision does state that each
side of interior lot lines have a 5-foot wide property irrigation and property drainage
easement, unless dimensioned otherwise. The subject easement is not dimensioned otherwise
on the plat. The applicant is requesting approval for the existing house on this site to encroach
2 feet into the required 5 foot setback and drainage & irrigation easement.
To grant a variance, the Council needs to make the following findings:
1. The variance shall not grant a right or special privilege that is not otherwise allowed in
the district;
2. The variance relieves an undue hardship because of characteristics of the site;
CITY OF MERIDIAN PLANNJNG DEPARTMENT STAFF REPORT FOR HEARING DATE OF OCTOBER 24, 2006
Paramount Sub 7 Lot 16 BJk 12 V AR-06-022 & V AC-06-12
PAGE 4
3. The variance shall not be detrimental to the public health, safety, and welfare.
Staff finds that granting the subject variance would be detrimental to the public health, safety,
or welfare according to the Fire Department's comments (see Exhibit B). Staff recognizes
that the house is already constructed and that relocating it would be a hardship to the property
owner; however, Staff does not believe that it would be a hardship due to the characteristics
of the site. This site is large enough to accommodate a single-family house, and there are no
topographical features which cause the subject "hardship." Further, if Council grants the
variance it would allow a right or privilege not usually allowed in the R-8 zone for the subject
house to encroach within the required setback area. All of the other houses in Paramount have
to comply with the standard R-8 standards. Due to the above.stated reasons, Staff does not
believe that that having already constructed the house within the required setback area is
sufficient reason to grant the requested variance. Staff is recommendine: denial of the
Variance annlication (see Exhibit C). Staff further recommends that construction on
this lot be reQuired to complv with aU dimensional standards ofthe unc.
2. V AC Application:
The Planning Department has no concerns with the proposed vacation request provided the
applicant meet the conditions of approval of the Public Works Department as stated in Exhibit
B; however, Staff sees no reason to approve the vacation if the Council denies the variance
request.
Staff Recommendation: Based on the facts and [mdings provided in this report, Staff
recommends denial of File Number V AR-06-022. In addition, based on the recommendation of
denial for the variance, Staff is recommending denial of File Number V AC-06-012 as the
vacation is not needed if the variance is not approved.
8. EXHmITS
A. Drawings
1. Vicinity Map
2. Paramount Subdivision No. 7 Plat
3. Site Plan
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
C. Required Findings from UDc (Variance)
A. Drawings
1. Vicinity Map
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PAGE 5
A Drawings
2. Paramount Subdivision NO.7 Plat
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B. Conditions of Approval
1. Planning Department
1.1 None (Recommending denial of Variance & Vacation request)
2. Public Works Department
2.1 Prior to occupancy, the applicant shall remove any portion of the eave that extends over the property
line.
2.2 Prior to occupancy the applicant shall install full rain gutters on all eaves facing the property line in
question, with the discharge being routed towards the front or back of the building. The intent of this
condition is to ensure the gutters do not discharge to the sub-standard side setback
2.3 The applicant shall provide zero-scaping on the east side of building.
2.4 The International Building Code requires the property to drain away from the building foundation 6-
inches in the first lO-feet, where this can not be obtained, drainage swales shall be provided. Staff
questions the ability to build a functioning swale in the small amount of space being provided. Thereby
setting up a situation whereby surface water collecting in the crawl space is imminently probable.
Therefore, the applicant shall be required to install a drainage system to transfer water away for the
building foundation, thereby lessening the possibility of water in the crawl space.
3. Fire Department
3.1 The Meridian Fire Department is concerned that in order to provide minimum levels of fire protection
that buildinll setbacks as required per the International Buildinll Code for one and two stOry
construction should be upheld. In this case a minimum of a 5 foot setback should be provided.
Exhibit B
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 the followingfindings:
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-8 zone. The minimum required
side yard setback in this zone is 4 feet. Staff [mds that if the City Council grants the
requested variance to allow the existing house to encroach into the required side yard
setback, a special privilege will be granted to the subject applicant that would not
otherwise be allowed in the district.
B. The variance relieves an undue hardship because of characteristics of the site;
Staff [mds there are no physical characteristics of the site which required the applicant to
construct a portion of the home within the required side yard. Staff further finds that there
are no major callaIs or ditches running through this lot, and there are no topographical
features or other physical characteristics of this lot which would prevent full compliance
with the standard structure setback
C. The variance shall not be detrimental to the public health, safety, and welfare.
Staff finds that allowing the existing home to encroach within the required side yard
setback may be detrimental to the public health, safety, and/or welfare per the Fire
Department comments in Exhibit B. It will be difficult, if not impossible, for emergency
service providers to get between the subject home and the fence installed on the property
line. There is about lwfoot between the pop-out for the bathroom of the subject home and
the property line.
Exhibit C