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HomeMy WebLinkAboutMemo from PlanningR,~ECEIVED Project: Redden Location: 1418 N. Vineyards Avenue JAN 2 2 2008 City of Meridian City Clerk Office Applications: variance Highlights of Proposed Development: The applicant is requesting a variance to reduce the rear yard setback from 15 feet to 2 feet and a minimum street setback from 15 feet to 12 feet. Elevations/Photos: Yes Other: The applicant states that the reason the shed was installed was due to a letter that he had received from the HOA 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 hired Stor Mor Sheds to install 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 permanent foundation. Approval of a Variance by City Council would allow the existing shed to remain 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. 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 (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. 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 finding. If the Council chooses to deny the applicant's request, Staff recommends that within 30 days, from the date of approval of the Findings, the applicant relocate the shed to be in conformance with the setback standards of the R-4 district. Notes: 1/22/2008