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Home My WebLink AboutStaff CommentsCITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JANUARY 22, 2008 STAFF REPORT Hearing Date: January 22, 2008 TO: Mayor and City Council E~ IDI Q ~T~, FROM: Sonya Wafters, Associate City Planner ~ I D A H Q {208)884-5533 SUBJECT: Redden • VAR-07-019 Request for a variance to UDC Table 11-2A-5 which requires a minimum rear yard setback of 15 feet, to be reduced to 2 feet; and a minimum street setback from15 feet to 12 feet 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Mike Redden, is requesting a variance to UDC Table 11-2A-5 which requires a minimum rear yard setback of 15 feet and a minimum street setback of 15 feet. The applicant is proposing a rear setback of 2 feet and a street setback of 12 feet. The applicant is requesting a variance from the aforementioned UDC standards to allow the existing shed to remain in its current location. The applicant's justification for the variance request is outlined below in Section 4. 2. SUMMARY RECOMMENDATION Staff is recommending denial of the subject Variance application (VAR-07-019) for the reasons listed herein. Staff finds that the application does not meet all of the findings required in the UDC for the City Council to grant a variance (see Exhibit D for required findings). 3. PROPOSED MOTION Denial After considering all staff, applicant and public testimony, I move to deny File Number VAR-07-019 as presented in the staff report for the hearing date of January 22, 2008, 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 Number VAR-07- 019, as presented during the hearing on January 22, 2008. (Please state how the subject findings are met) Continuance After considering all staff, applicant and public testimony, I move to continue File Number VAR- 07-019 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: 1418 N. Vineyards Avenue Located in the northeast '/a of Section 11, Township 3 North, Range 1 East. b. Owner Mike Redden Redden VAR-07-019 PAGE 1 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARWG DATE OF JANUARY 22, 2008 1418 N. Vineyards Avenue Meridian, ID 83642 c. Applicant: Same as Owner d. Representative: Mike Redden (Owner/Applicant) e. Present Zoning: R-4 (Medium Low-Density Residential District) £ Present Comprehensive Plan Designation: Old Town g. Description of Applicant's Request: The applicant is requesting a variance to UDC Table 11-2A- 5 which requires a minimum rear yard setback of 15 feet to be reduced to 2 feet and a minimum street setback of 15 feet to be reduced to 12 feet. h. Applicant's Statement/Justification: "We are asking you to grant a shed variance in our backyard. When we bought the shed we were unaware that we needed a permit and variance because it is not on a permanent foundation. Store Mor Sheds did not inform us that we may need one." See Applicant's narrative for more information. 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-SA- 1), apublic hearing is required before the City Council on this matter. b. Newspaper notifications published on: December 31, 2007 and January 14, 2008 c. Radius notices mailed to properties within 300 feet on: December 28, 2007 d. Applicant posted notice on site by: January 7, 2008 5. LAND USE a. Existing Land Use(s): Single-family residential property b. Description of Character of Surrounding Area: This property is surrounded by single-family residential properties in the Vineyards Subdivision No. 1 c. Adjacent Land Use and Zoning 1. North: Single-family residential, zoned R-4. 2. West: Single-family residential, zoned R-4. 3. South: Single-family residential, zoned R-4. 4. East: Single-family residential, zoned R-4. d. History of Previous Actions: NA 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 Redden VAR-07-019 PAGE 2 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JANUARY 22, 2008 The following UDC section is pertinent to this application: Table 11-2A-5: Dimensional Standards for the R-4 District R-4 STANDARD REQUIREMENT Rear setback in feet 15 Street setbacks to livin area in feet Local 15 Note: ~ Measured from back of sidewalk. Note: Staff determined that the required street setback of 1 S feet to living area is applicable in this case, even though the shed is not technically living area, because vehicles will not be parked or stored in the shed (like they would be in a garage where the setback is 20 feet). 8. ANALYSIS a. Analysis of Facts Leading to Staff Recominendation: VAR: The applicant states that the reason the shed was installed was due to a letter that he had received from the Homeowner's Association regarding safety concerns that people could not see around the his Idaho Power work truck parked in front of his house. In response to these concerns, the applicant installed a shed in the rear yard for storage in order to be able to park his work truck in the driveway. He states that he was unaware that a permit or compliance with setbacks was required because the shed is not on a perinanent foundation. Further, Stor Mor Sheds did not inform hiin that a permit from the City is required or that there are minimum setbacks that apply to the location of the shed. For this reason, the applicant is requesting a Variance to LTDC Table 11-2A-5 that requires a minimum rear yard setback of 15 feet to be reduced to 2 feet and a minimum street setback of 15 feet to be reduced to 12 feet. Approval of a Variance by City Council would allow the existing shed to reinain in its current location. Denial would require the shed to be relocated. Note: There is a 10-foot wide public utilities and drainage easement that exists along the rear property line. The structure is currently located within this easement. Staff informed the applicant that if Council approves the Variance and a rear setback of 2 feet is granted, the structure would need to be removed (by the applicant or at the applicant's expense) if access to the easement was ever necessary. Further, if a variance is granted by the City, the applicant would still need to obtain permission from the utility companies that hold the easement in order for the structure to encroach within the easement. Staff visited the applicant's property (see site photos in Exhibit C) to see how the shed fits in with the neighborhood aesthetically as well as corresponding with existing adjacent structures and setbacks, and found the following: 1) The shed appears to be of the same construction materials and color as the applicant's house and is not an "eyesore"; 2) The height of the structure blends with, and is shorter than, existing structures adjacent to the property and within the neighborhood; 3) the shed is not obtrusive in appearance or location as it is only protrudes 3 feet further than the required setbacks allow on the street side and is enclosed by a 6-foot tall solid wood fence; 4) there is landscaping (conifer trees) within the 12 feet that separates the shed from the sidewalk that mostly blocks the view of the shed from the front corner of the property; and 5) the location of the shed does not obstruct the view of vehicular traffic on the adjacent street. However, Staff does not believe that the applicant's request meets the findings required in order to grant a Variance as stated below and in Exhibit D. Letters of testimony: Letters of testimony have been submitted to the City on this application by adjacent neighbors as follows: Michelle Gomez (1421 N. Vineyards Avenue), Cassie Somerville Redden VAR-07-019 PAGE 3 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JANUARY 22, 2008 (1440 N. Vineyards Avenue), and Dan Barber (1425 N. Santa Rosa Place). All of the letters state that they have no problems or concerns regarding the location of the shed. Please see the map attached as Exhibit A depicting the location of the aforementioned property owners' homes in relation to the applicant's property. Idaho Code §67-6516: Per Idaho Code §67-6516, "A variance is a modification of the bulk and placement requirements of the ordinance as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or other ordinance provision affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots. A variance shall not be considered a right or special privilege, but maybe granted to an applicant only upon a showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest." Per UDC 11-SB-4.E, in order to grant a Variance, the City Council must be able to meet 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; 3) The variance shall not be detrimental to the public health, safety, and welfare. Staff has reviewed these findings and believes that granting a Variance for the reason requested by the applicant would grant a right or special privilege to the applicant that is not otherwise allowed in the district. Further, Staff believes that there are no undue hardships due to the characteristics of the site that would prevent the applicant from meeting the required setbacks. If the Council should decide to grant the Variance, Staff believes that it would not be detrimental to the public health, safety, and/or welfare. However, the City Council should rely on any testimony provided at the public hearing to determine this fmding. b. Summary Recommendation: Staff is recommending denial of the subject Variance application (VAR-07-019) for the reasons stated above. Staff finds that the application does not meet all of the findings required in the UDC in order for the City Council to grant a variance (see Exhibit D). Further, Staff recommends that within 30 days, from the date of approval of the Findings, the shed be relocated to be in conformance with the setback standards of the R-4 district. 9. EXHIBITS A. Vicinity/Zoning Map B. Site Plan C. Site Photos D. Required Findings from UDC (Variance) Redden VAR-07-019 PAGE 4 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JANUARY 22, 2008 Exhibit A: Vicinity/Zoning Map Redden VAR-07-019 Exhibit A -Page 1 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JANUARY 22, 2008 Exhibit B: Site Plan f ... G .-~, 4 ~ 9 C l; ~C' ~" Redden VAR-07-019 Exhibit B -Page 1 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JANUARY 22, 2008 Exhibit C: Site Photos Shed y' (View from front corner) ~ a ~ , ~ ~r K. ` e.: ~; } ~e ti R.aY ~~ o _ ~. ~ ~ -j o ~~. ~ j _~.\ , .L, --~ ~~`_~ mom. ~r~` ~~ ~~ _ __ ~~.__.... r - - - - - . ~:~ ti,.'~` ~~ ~:~h ~fla o `~ va ~~_ _ -~~- - . ~~ M< - _ . ~~ ~~'~~ Shed ~.. `` (Street side view) n ~J '~ ~ . r 4. i; ~ ~'~ ~"'~,~ ~ ~~~ ~ ,r~ti ~, - ~~ , f ~~ ~, ,.<~•~ ~ r ~~, ~ ~• ~~ ~ ~-~ ti ~ ~` ~a ~ ti' ~~ ,_ .. u ~~ I ~4:.a , ~h ~~ ,O ~ 1 a 1 )Iq' ~~ ~ ~ - ...., _ J ,~~ --- -~ _.!._ Shed _. (View from rear/street side of property) Redden VAR-07-019 Exhibit C -Page 1 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JANUARY 22, 2008 Exhibit D: 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-SB-4.E 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: Staff finds that granting a variance for this site would grant a right or special privilege to the applicant that is not otherwise allowed in the district. B. The variance relieves an undue hardship because of characteristics of the site; Staff finds that there are no undue hardships due to the characteristics of the site that would prevent the applicant from meeting the setbacks required in UDC Table 11-2A-5. C. The variance shall not be detrimental to the public health, safety, and welfare. Because of the letters submitted on behalf of the applicant by adjacent neighbors stating that they have no problems or concerns with the location of the shed, Staff finds that granting the requested variance will not be detrimental to the public health, safety, and/or welfare. However, the City Council should rely on any testimony provided at the public hearing to determine this finding. Redden VAR-07-019 Exhibit D -Page 1