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Home My WebLink AboutBarnes Home Business Variance VAR-07-005 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER oU;nlYn".~::j' eridi:n..: \ \ ID^HO ~ ;A In the Matter of 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 for Barnes Home Business by Nathan Barnes. Case No(s). V AR-07-005 For the City Council Hearing Date of: April 17, 2007 (Findings on the May 1, 2007, Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 17, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 17, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 17,2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 17, 2007, 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 11 Meridian City Code, and all 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 9 1I-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-07-005 PAGE 1 of3 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will impose expense upon the public if proposal is allowed. 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 is subject to the provisions listed in the findings of the Staff Report for the hearing date of April 17, 2007, incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code S 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Variance Request 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 is hereby approved. D. Attached: Staff Report for the hearing date of April 17, 2007 CiTY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-07-005 PAGE 200 VOTED~ VOTED~ VOTED~ VOTED ~ By action of the City Council at its regular meeting held on the ftt~1 ,2007. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD VOTED ~ MAYOR \ \ MY,4~,WEERD \ l~s~ '1/ ,,\\ NIIl-:~/'/1 ATTEST ,":'\...---.. '~ : ~6/w~'~~ ~ -,L~.~ ( y~Eij.:~:)~) WILLIAM G. BERG, JR., CITY CLERK:;. <t~" ..{~J " ~- .... - ,,'" '''' . / ,,") "- .-;.. ,-^ '-, "\~~.,. , !;~). / .:;{.,JI ~.::: '/ V.A119 ................. ......~ ! --,,""'- '{\,~." .'....." .............. ~ -, ........--...................- ..&.., ":: . " .... "C.-. l;'\.. ,\ V . ///11 C;'L1dT'{, ,,\\\\' ApplIcant 111:1/;;;,; :1'\"'-'\\' V Planning Department V Public Works Department ~ ,/ City Attorney By: "Jlh (l Xu bl'--" Dated: S- 2> -0. City Clerk's Office Copy served upon: IS? day of CiTY OF MERIDIAN FINDiNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-07-005 PAGE 3 of3 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 J oU;ridi~ '\ \ IL),\HO . V AR-07-005 Request for a variance to ODC 11-2D-4 to allow the proposed building to be setback from the street and variance to UDC ll-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 (UDe). 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 [mdings required in the UDC for the City Council to grant a variance (see Exhibit C for required findings). On Aoril17. 2007. the City Council ann roved the subiect aoolication. a. Summarv of City Council Public Hearinl! i. In.ia..Y,OJ.: Nathan Barnes (ADDlicanD ii. In ODDosi!ion: None iii. .commentinl!: None iv. Written testimonv: None v. Staff DLe.sentinl! aoyl~~ation: Anna Citnninl! vi. Qther Staff commentinl! on aDolication: None b. Kev Issues of Discussion bv Council i. future location of the solit corridor in relation to this site" c. Kev Council Cbanl!es to Staff Recommendation i. No_ne 3. PROPOSED MOTION (to be considered after tbe 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.) Barnes Home Business Variance V AR-07-005 PAGEl CITY OF MERIDIAN PLANNING AND ZONING DEP ARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 17, 2007 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 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 Il-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 ofthe 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 of the property." 4. 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, Article A (Table 11- 5A-I), a public hearing is required before the City COWlcil 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 SUIToWlding 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 0- T. 4. East: Single Family Residence, zoned O-T. Barnes Home Business Variance V AR-07-005 PAGE 2 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 17,2007 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 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 of the 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 ~~~~~~~~~~~~~~~~~~ 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 0- 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 ofthe 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 Barnes Home Business Variance V AR-07-005 PAGE 3 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 17,2007 tied specifically to the setback issues described above. In other words ifthe 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 ofthe 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). 9. EXHmITS 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 17,2007 Exhibit A: Site Map [' -I J :rJJ err ] [[[IJJ ITJH [J[ [IJJ J 8IIE BIIJ ~ ~ I [llg [I]Ig E5 If Ul ::E rA1(~ Ft ) - BllH []]I[ INO [ill] I [ill ErnE ITIII [ill] \2 [[[[B EllJt ~~ ~ WILLIAMS r - ) [ LJ ~ / Barnes Home Business Variance Exhibit A Page 1 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 17,2007 Exhibit B: Rutledge Lateral Easement ~~ ~I -,< [~ I: l' ! ! ~ ; i ;' I: l- W VJW wa::: 'Zl- /~ ,,<> 0::: (I) ']:1l'Ln ~ ili::9'/:.DO S ... ..- '.... <( - r ~In~~ n~ [Ij~~-C-'"~,~!/: m~ : I[ l J /,,' I I -- -- -- - ,.' ' ~. .. - - -;:',.':.'.,,""- - - -." /.,~ I L -~--~-- " ,- /<)'.....'~,... ~ .Ei I ,,/'/ ~ ~~ I >/'- l!!!f.~ I "... ~.. .... ~~~! I ~ m , , I V /, I I , I ,~, ~/ ,/'.'~"../. 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I i____J Barnes Home Business Variance Exhibit B Page 1 CITY OF MERIDiAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 17,2007 Exhibit C: Site Plan t ~ . ^,\-.- l N Barnes Home Business Variance Exhibit C Page 1 /,,,.-- ! i ~"r;. :T" ~-\ 1-., .~ ; I ~ .' ,I- ~_.~ ~ ,~, SI1E flA~ CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 17,2007 Exhibit D: Elevations Nathan Barnes. 208.371.3509 - PO Box 1178 Eagle.IO 83616 - Proposed project at 35 E Ada St Meridian,IO 83642 Barnes Home Business Variance Exhibit D Page 1 CITY OF MERIDiAN PLANNING AND ZONING DEP ARTMENT 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 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 thefollowingfindings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: The City Council finds that irrigation easement that encumbers this property creates a unique situation that is not otherwise found in this area. Due this irrigation easement the Council 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; The City Council finds that the irrigations easement that encumbers this property creates an undue hardship. The City Council 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. The City Council 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