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Home My WebLink AboutStaff Comments CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 17,2007 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: April 17, 2007 Mayor and City Council Justin Lucas, Associate City Planner Barnes Home Business o(,Gridi~ "\ \ .. lJ>.AHO I . V AR-07-005 Request for a variance to UDC 11-2D-4 to allow the proposed building to be setback from the street and variance to UDC 11-3C-6 to allow for a reduction in size of the required parking pad. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting a variance from Sections 11-2D-4 and 11-3C-6 of the Unified Development Code (UDC). UDC 11-2D-4 establishes the "Downtown Meridian Design Guidelines" as the standard for new development within the 0- T district. The setback portion of the design guidelines specifically state that all new buildings must have first floor facades built to the public right of way at the street sides and to interior lot lines. The applicant is requesting a variance from that standard to allow the building to be setback from the right of way and one of the interior lot lines. The applicant is also requesting a variance to UDC 11-3C-6 which requires a 10 x 20 parking pad between the access and the garage. The applicant's justification for the variance requests is outlined below. 2. SUMMARY RECOMMENDATION Staff is recommending approval of the subject Variance application (V AR-07 -005) for the reasons listed herein. We find that the application meets all of the findings required in the UDC for the City Council to grant a variance (see Exhibit C for required findings). 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- 07 -005 as presented in the staff report for the hearing date of April 17 , 2007. Denial After considering all staff, applicant and public testimony, I move to deny File Number V AR-07- 005 as presented during the hearing on April 17, 2007, 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-07-005 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: 35 E. Ada Street Section 7, Township 3N, Range IE b. Owner Spec4 LLC 2360 N. Equestrian Place Eagle, ill 83616 Barnes Home Business Variance V AR-07-005 PAGE 1 CITY OF MERIDIAN PLANNING AND ZONING DEPAR1MENT STAFF REPORT FOR HEARING DATE OF APRIL 17,2007 c. Applicant: Nathan Barnes 2360 N. Equestrian Place Eagle, ill 83616 d. Representative: Nathan Barnes, Applicant e. Present Zoning: 0- T f. Present Comprehensive Plan Designation: Old Town g. Description of Applicant's Request: The applicant is requesting a variance to UDC 11-2D-4 to allow the proposed building to be setback from the street and variance to UDC 11-3C-6 to allow for a reduction in size of the required parking pad. h. Applicant's Statement/Justification: "A portion of the Rutledge Lateral runs diagonally across the front (north end) of the property. This prohibits construction toward the front of the property, and orientation of the building lot line to lot line. Adequate space is available the construct the building on the southwest comer ofthe property." 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 11- 5A.l), a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: March 26th and April 9th, 2007 c. Radius notices mailed to properties within 300 feet on: March 23rd, 2007 d. Applicant posted notice on site by: April 7th, 2007 5. LAND USE a. Existing Land Use(s): Vacant b. Description of Character of Surrounding Area: Primarily residential with some commercial c. Adjacent Land Use and Zoning 1. North: Residences and some Retail Uses, zoned O-T. 2. West: Single Family Residence, zoned O-T. 3. South: Multifamily Residence zoned O-T. 4. East: Single Family Residence, zoned O-T. d. History of Previous Actions: N/A 6. AGENCY COMMENTS MEETING No agency comments meeting was held specifically for this Variance application. All affected agencies were informed about this request and given the opportunity to submit comments to the Planning Department to be included in this report. No site specific comments or requirements were provided for the Variance application by other agencies. 7. UNIFIED DEVELOPMENT CODE The following UDC sections are pertinent to this application: a. UDC 11-2D-4: Standards for the O-T District: 1. All new construction and exterior modifications shall be subject to administrative Barnes Home Business Variance V AR-07-005 PAGE 2 CITY OF MERIDIAN PLANNING AND ZONING DEP ARlMENT STAFF REPORT FOR HEARING DATE OF APRIL 17,2007 design review in accord with the procedures set forth in chapter 5, "Administration", of this title. 2. The criteria for the administrative design review are set forth in the document "Downtown Meridian Design Guidelines". b. UDC 11-3C-6: Required parking Spaces for Residential Uses 1. Dwelling Single Family Attached: One Bedroom: 1 per dwelling unit in enclosed garage with a 10 foot x 20 foot parking pad between access and garage2 8. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. Setbacks: As mentioned above the "Downtown Design Guidelines" contain the standard setback requirements for the 0- T zone. The setback portion of the design guidelines specifically state that all new buildings must have first floor facades built to the public right of way at the street sides, and to interior lot lines. Due to a 45 foot wide irrigation easement (Rutledge Lateral) that crosses the subject property (see Exhibit B) the buildable area ofthe lot is greatly reduced, and the zero setback requirements can not be met. The only area of the lot that is buildable is the south west comer. The applicant is proposing to locate a building in the southwest comer that would be approximately 46 feet from the north (front) property line, 31 feet from the east (side) property line, zero feet from the west (side) property line, and eight feet from the rear property line. These setbacks will allow the applicant to build a two story, 2800 square foot building to serve as a home and recording business which would be an allowed use in the O-T district. Staff is supportive of the applicants request for the setback variance. Granting the variance will relieve an undue hardship that is caused by the irrigation lateral that crosses this site. 2. Parking Pad: As mentioned above the standard parking pad for a one bedroom unit is 10 feet by 20 feet between the access and the garage. Due to the fact that the building has to placed so far to the rear of the site, the applicant is requesting a reduction to the required depth of the parking pad from 20 feet to eight feet. The applicant argues that the 8 foot deep parking pad combined with the 16 foot alley still provides for adequate back out space and emergency vehicle access. The applicant is also proposing to provide uncovered parking for the business portion of the building. This parking will meet all of the city standards and provide an area off street for customers to park. Staff is supportive of the applicants request and believes that the reduction in the parking pad requirement is tied specifically to the setback issues described above. In other words if the applicant had more buildable area on the lot, the reduction in the parking pad would not be necessary. b. Summary Recommendation: Staff is recommending approval of the subject Variance application (V AR-07-005) which allows the proposed building to be setback from the street and east property line and reduces the required parking pad depth from 20 feet to 8 feet. Staff finds that the application meets all of the findings required in the UDC in order for the City Council to grant a variance (see Exhibit E). Barnes Home Business Variance V AR-07.005 PAGE 3 CITY OF MERIDIAN PLANNiNG AND ZONING DEP ARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 17, 2007 9. EXHIBITS A. Site Map B. Rutledge Lateral Easement C. Site Plan D. Elevations E. Required Findings from UDC (Variance) Barnes Home Business Variance V AR-07-005 PAGE 4 CITY OF MERIDIAN PLANNiNG AND ZONiNG DEPARTMENT STAFF REPORT FOR HEARING DATE OF APRIL J 7,2007 Exhibit A: Site Map . , , [ I l '~ -"' E wi CITE [[][ 8II8 EITI1 j ~ [llg []]]! B ~ w :;;; .) I - [I]H []]I ~""'.OR - ING rom IJII] 8llE IIIIl [ill] I [J]J] BJJt ~~ z i4: :E ,^,1u.IAMS I -) OJ q-E ~ Barnes Home Business Variance Exhibit A Page 1 CITY OF MERIDIAN PLANNING AND ZONING DEP ARTMENT STAFF REPORT FOR HEARING DATE OF APRiL 17, 2007 Exhibit B: Rutledge Lateral Easement ~~ d "~ i~ I' Ii ,1 ~! ~; '''~. ..; -~ -!.~~~1\ J!i/'~.; <:.~..:.;:~ " , ; --<~ '- ~ . I~-~-', C () <,' "1 ) \~/--' i i I- W (flW wa::; 'ZI- t /> a::: (fl ZIjILrli#. lii:'iz;.oo~ '" ... .." < f~---------------'-~ -....,.....- ~- J"" (D< i --\'~~~---=---1{~ .~-;:~j. ~ '! ., , . I ' I .~ ,,' . . " "" I i ! i _,_" -. ---, /,-;':/--- r-f//r <" i ;~ -.----.-- ,,/// 1'-~l"I:/; Ii tH I=- ; __ .. :'~ ;" / ~~~i ...: ~g / ".-' -' j:: ! ".J ~" ~. ._......,-~/ !I~._. .,i ~ : \'t~~\,.--" - ~'W;;>/ ~ ~ '\ / ' : ... J "'t\. " '.' ...,../...".- I . ' ... , ,..-,,0' k' " I i /:{,::./ /' ~ ~- ~~ ~. p ." ;9 g t f > ; , I: I - /~;:>> / "'.' ," \(. \ \ ,>'- /- .............---., ".~/:~.\.--"- :- ~-=--:~--J-=.fZ/~~::+:-:;)._-- 'Ii. '"-1,.. _..,)~.~) "-1, (_____' .. ~, ...........", , i ~._~-,,~ ,!d,j !, '~: :;i'; 'I,j /"1"'.. ~. ,I, ,~jl 111 ~~~ ~:jii . . .1P-'i1 ill ;~! :k,; " d ~r.~ '.",,1. 'I. I~ii ;~~;~ i~~ ~~~ .~~;;~~ ~!I ~-.IIH'" ii. ~~~. ~ ("1 ,~ ~IH111, L! ~~.~:M f:~ L~) "T"'::I" 4':J IS a Ltll.Z-..:....L ON" ~3~L f."_I 9 a ..:z I.~ ~::~ Barnes Home Business Variance Exhibit B Page 1 .8 0 ..l ~ qc >- ~ '" :0 '" ~ iii "" ~ ~ ~ ~ :l!: l '" '" I " " Ii '. ,. CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 17,2007 Exhibit C: Site Plan 1 N : -,:,( L t '-.1;:. -....-_.'..~. I' ~' .. Barnes Home Business Variance Exhibit C Page 1 SI1E flA~ CITY OF MERIDIAN PLANNING AND ZONiNG DEP ARlMENT STAFF REPORT FOR HEARiNG DATE OF APRiL 17,2007 Exhibit D: Elevations Nathan Barnes - 208.371-3509 - PO Box 1178 Eagle,ID 83616 - Proposed project at 35 E Ada 51. Meridian, 10 83642 Barnes Home Business Variance Exhibit D Page 1 CITY OF MERIDIAN PLANNING AND ZONING DEPARlMENT STAFF REPORT FOR HEARING DATE OF APRiL 17,2007 Exhibit E: Required Findings from UDC (Variance) The City Council shall apply the standards listed in Idaho Code 67-6516 and all thefindings 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: Staff finds that irrigation easement that encumbers this property creates a unique situation that is not otherwise found in this area. Due this irrigation easement staff fmds that the granting of this variance request does not grant a special privilege. B. The variance relieves an undue hardship because of characteristics of the site; Staff finds that the irrigations easement that encumbers this property creates an undue hardship. Staff finds that the granting of the requested variance will relieve that hardship. c. The variance shall not be detrimental to the public health, safety, and welfare. Staff finds that granting the requested variance will not be detrimental to the public health, safety, and/or welfare. Barnes Home Business Variance Exhibit E Page 1 Solid Waste Advisory Committee April 5, 2007 Page 1 of3 Solid Waste Advisory Committee Meeting City Ball Annex- 703 Main Street April 5, 2007 Minutes The meeting was called to order at 12: lOP .M. by Nancy Mann. Members Present: Bill Nary, Jaycee Holman, Nancy Mann, and Brad Watson SSC Representatives Present: Bill Gregory, Steve Sedlacek, and Symantha Miller Guests Present: Josh Maus, private citizen Item 1: Roll-Call Attendance: Roll-Call: X Nancy Marm Ashley Williams Charlie Rountree X Brad Watson X Bill Nary X Jaycee Holman X Bill Gregory X Steve Sedlacek X Symantha Miller Item 2: Adoption of the Agenda: All members present agreed to adopt the agenda as written. Item 3: Approval of the Minutes from January 4 and March 1, 2007: Bill Nary moved to accept the minutes for January, 2007 as written. Brad Watson seconded the motion. Nancy Mann signed and dated the minutes. Bill Nary moved to accept the minutes for March 1,2007 as written. Brad Watson seconded the motion. Nancy Mann signed and dated the minutes. Item 4: Formation of Solid Waste Advisory Commission Discussion: The Solid Waste Advisory Committee was originally formed as an Ad-hoc Committee to discuss recycling concerns and issues. The Committee continued to expand the issues it addressed to include solid waste and other issues and the term Ad-hoc was removed a year ago. Bill Nary and Steve Sedlacek have discussed the formalizing the group further by the formation of a Solid Waste Advisory Commission. Bill has spoken to the Mayor about this idea and she was in favor of creating a Commission. A brief discussion took place as to who would sit on the Commission, how far the Commission would branch out from solid waste and recycling issues, and possible programs that the Commission could address. Bill Nary will research this topic further and it will be discussed at greater length in future meetings. Solid Waste Advisory Committee April 5, 2007 Page 2 of3 Item 5: Recycling Revenue Fund Program Discussion: There is $22,366 remaining in the recycling revenue fund for FY2007. A brief discussion took place as to how to add more funds into the account if need be. Bill Nary said that the Council could amend the budget, providing that the funds were available. Three applications were presented to the Committee for review: · Bedford Place Homeowners Assn. requested $6,037.18 for playground equipment for their common area. The SW AC would like a letter from the applicant stating that the public will have full access to the playground equipment and that the signage will also state public access. Upon receipt ofthe letter, the SW AC will approve the application. Symantha Miller will contact the applicant regarding this matter and e-mail a copy of the letter to the SW AC upon receipt. . The Vineyards Homeowners Assn. requested $1,119.00 to purchase benches for their neighborhood park. The SW AC would like a letter from the applicant stating that the public will have full access to the playground equipment and that the signage will also state public access. Upon receipt of the letter, the SW AC will approve the application. Symantha Miller will contact the applicant regarding this matter and e-mail a copy ofthe letter to the SW AC upon receipt. · The Idaho Foodbank requested $15,600 to underwrite one-half of the Meridian expansion of the Foodbank's Prepared and Perishable Food Rescue program. The SW AC would like more background information on the Idaho F oodbank and the Meridian F oodbank. They would like representatives from both organizations to speak at the next meeting. Concerns include: How will the Idaho Foodbank guarantee that the funds will only be used in Meridian? What happens next year after this funding runs out? Can the Meridian Foodbank handle this volume of fresh food? Symantha Miller will invite members of both Foodbanks to the next meeting to discuss the SW AC's concerns. Item 6: New Programs and Events for 2007: Symantha Miller provided a brief overview of new programs and public outreach efforts: . The transfer station hours have been expanded. Discounts will be offered to customers through the SSC and Chamber of Commerce newsletters. . SSC is going to expand and extend its business recycling program. . Recycling will be offered at apartment complexes. . 64-gallon wheeled carts will be offered to customers who need a smaller wheeled cart. . The 64- gallon wheeled carts will also be used for commercial and apartment recycling. . Cardboard / mixed paper containers will be placed in all schools within Meridian. . Upcoming presentations and events: o April 4 - compo sting (Leatham Nursery) o April 14 - recycling (United Methodist Church & DAR) o April 19, 20, 23 - recycling (6 classes ofkindergarteners at Chaparral) o May 1 - booth at HP Earth Day Fair o May 19 ~ booth at Kids Day America o June 22,23 - booth at Wal-Mart Women's Health & Safety Fair Solid Waste Advisory Committee April 5, 2007 Page 3 of3 . Offer compo sting demonstrations at the SSC facility beginning in May. . Expand the current presentations offered {compo sting and recycling) to include backyard compo sting, red worm composting, household hazardous waste, solid waste issues, and papermaking. Perhaps advertise ground water and waste water presentations with them. . New videos being produced that are specific to Meridian programs: o Recycling o Solid Waste o Waste Water (Public Works) Item 7: Commercial Recycling: Josh Maus, a private citizen who works at Meridian Ford spoke to the SW AC about a highly successful recycling program he has implemented at his workplace. The program has generated more recycling than he is capable of hauling himself, so he would like help from SSe. Bill Gregory will work with Josh on possible solutions to his hauling problem. Josh expressed interest in attending future SW AC meetings and becoming a member ofthe SW AC. Item 8: Schedule of Next Meeting: The next meeting of the SW AC will be May 3, 2007 at 12:00 noon at the City Hall Annex, 703 Main Street. Adjournment: There being no further business, the meeting was adjourned at 1: lOP .M. Respectfully Submitted, Symantha Miller Approved / / Chairman