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Home My WebLink AboutStaff ReportSTAFF REPORT Hearing Date: October 27, 2009 TO: Mayor and City Council E IDIAN ~, FROM: Bill Parsons, Associate City Planner 1 ~ A t~ (208) 884-5533 SUBJECT: VAR-09-004 -Ashford Greens Pump House 1. SUIVIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, the Ashford Greens Owners Association, is requesting a variance from Section 11-3B- 7C6 of the Unified Development Code (UDC) which prohibits impervious surfaces within the street landscape buffer. Currently, an existing pump facility is constructed within the landscape buffer and is screened with a 6-foot solid wood fence. This facility pre-dates the adoption of the UDC and was constructed with the development of the Ashford Greens Subdivision. To protect the existing facility from the weather and vandalism, the applicant is proposing to remove the existing 6-foot fence and construct a 336 square foot enclosed structure (14' X 24'). Reference the analysis section and Exhibit A for further details. 2. SiJMMARY RECOMMENDATION Staff is recommending approval of the subject Variance application based on the Findings of Facts and Conclusions of Law in Exhibit B of the Staff Report. 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number VAR-09- 004, as presented in the staff report for the hearing date of October 27, 2009. (Please state how the subject fmdings are met) Denial After considering all staff, applicant and public testimony, I move to deny File Number VAR-09-004 as presented during the hearing on October 27, 2009 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 VAR- 09-004 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: East side of Black Cat Road, south of Talamore Boulevard and west of Waggle Place(T of 2, Block 19, Ashford Greens Subdivision No. 4) in Section 3, Township 3 North, Range 1 West b. Owner/Applicant: Ashford Greens Owners Association C/O Snake River HOA Management 7231 W. Franklin Road Boise, ID 83709 c. Applicant's Statement/Justification: See applicant's narrative attached in Exhibit A. Ashford Greens Pump House VAR-09-004 PAGE 1 5. PROCESS FACTS a. The subject application is for variance approval as determined by City Ordinance. A public hearing is required before the City Council consistent with Title 11, Chapter 5. b. Newspaper notifications published on: October 5 and 19, 2009 c. Radius notices mailed to properties within 300 feet on: October 1, 2009 d. Applicant posted notice on site by: October 16, 2009 6. LAND USE a. Existing Land Use(s): The subject site is currently a common lot platted with Ashford Greens Subdivision No.4. b. Description of Character of Surrounding Area and Adjacent Land Use and Zoning: The subject site is primarily surrounded by developed single family development. 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 c. History of Previous Actions: In 2000, the subject site was final platted as a common lot within Ashford Greens Subdivision No.4 to be used as a street landscape buffer. 7. UNIFIED DEVELOPMENT CODE The following UDC section is pertinent to this application: a. UDC 11-3B-7C6 prohibits impervious surfaces within the street landscape buffer. b. UDC 11-3B-6E requires irrigation pump stations to be on its own dedicated lot within the subdivision. 8. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: VARIANCE: A variance is requested to deviate from Section 11-3B-7C6 of the Unified Development Code (UDC) which prohibits impervious surfaces within the street landscape buffer. The applicant is proposing to remove the existing 6-foot fence and construct a 336 square foot enclosed structure (14' X 24') to protect the existing irrigation facility from the weather and vandalism. Further, Staff believes enclosing the irrigation facility with a building provides a safer alternative than the 6-foot fence. The existing facility pre-dates the adoption of the UDC and was constructed with the subdivision improvements for Ashford Greens. It is not the applicant's intention to expand the irrigation facility beyond its current foot print, but merely to remove the 6-foot fencing and enclose the equipment with a structure. Photos of the existing facility and a sketch of the proposed structure are attached as Exhibit A4 and AS below. The applicant contends requiring compliance with the UDC would create a fmancial and physical hardship to the homeowners within the subdivision (refer to applicant's nan-ative attached as ExhibitA6). UDC 11-3B-6E requires an irrigation facility to locate on a lot solely dedicated to that pump station. The previous ordinance required irrigation facilities to be located on a common lot. Since the vast majority of the platted common lots for the subdivision are the street landscape buffers the only common lot that could accommodate the facility was the buffer along Black Cat Road. Ashford Greens Pump House VAR-09-004 PAGE 2 Currently the subdivision is built-out and a surplus lot is not available making it physically impossible to relocate the facility. In addition, the common lot in which the facility is located backs up against developed residential lots making it impossible to move the facility out of the street landscape buffer. Staff discussed the option of constructing a smaller structure or even replacing the existing facility with newer technology to mitigate the street presence of the facility. The size of the structure being proposed is based on the current foot print of the existing facility. The applicant has submitted two bid amounts that demonstrate the differences in cost between erecting the proposed structure and upgrading the existing irrigation facility. Based on the submitted documentation, upgrading the existing facility is substantially higher cost to the HOA then erecting the proposed structure. Staff has attached the two bids amounts as Exhibit A7 below. Per UDC 11-SB-4E, in order to grant a variance, the City Council must be able 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; 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 not grant a right or special privilege as the facility presently exists within the required street landscape buffer. Further, Staff fmds that current configuration of the common lot and lack of a surplus lot makes it impossible to relocate the existing facility thus creating an undue hardship. Lastly, Staff concurs with the applicant and believes enclosing the irrigation facility with a building provides a safer alternative to the public than the existing 6-foot fence. As mentioned earlier, staff has attached a sketch of the building proposed to surround the irrigation facility. This rendering does not provide enough detail for staff to evaluate the building design and materials. Based on the square footage of the proposed structure, a building permit is required thus triggering design review in accordance with UDC 11-SB-6B. In addition, Staff has concerns with possible damage that may occur to the existing trees that surround the facility. It is unclear to staff if these trees are to remain protected during construction or are to be removed prior to construction of the proposed building. If the trees are to be protected or removed then the applicant should follow the standards in accordance with UDC 11-3B-10. Although staff is recommending approval of the variance, the applicant will be responsible for submitting a Certificate of Zoning Compliance and Design Review applications prior to the issuance of a building permit to ensure the site is developed in a fashion consistent with the aforementioned requirements of the UDC. 9. EI~~ITS A. Drawings 1. Vicinity/Zoning Map 2. Aerial View 3. Recorded Plat 4. Photos of Existing Facility 5. Proposed Elevation 6. Applicant's Narrative 7. (2) Bid Amounts B. Required Findings from the Unified Development Code Ashford Greens Pump House VAR-09-004 PAGE 3 Exhibit A. 1. Vicinity/Zoning Map `~ ~' I ~ ~ ~ - ~ I ~`" 4 alp ~ ~-- ~ ~ FAR W TALAMORE DR W TALAMORE BLVD ~ RUT CLASSIC DR SITE R-4 _,~ 2 i •. ,: o , ;~ ~ ,~~ ~ I ~ ~ - --- i Q _ <_ -- l.J ~ Y ~ - --_...r- v 1' a ~,` %, i J /,/ r-~ m ~t _ z % /, ~'~~ ~ W DAW r>> `~_---_ " Exhibit A - Pagc I 2. Aerial View of Property Exhibit A -Page 2 3. Recorded Plat I o , ~ ~~ ~ ' ~~ ~ , ~ ~,,~ i ~~~ ~~ p.T'--~ .~y i /~t a fx ~ ~ 0 °esiP ~ ~ ~~~ o ~ ~ ®~ i ~ ~ ~~ ~ ~ ~ a ~ j ~ ~~ ~`~-c- T, - ~ i ~ e a o ' V ~~ f ~ n ~ 3~: t ~~ ~-~' .Ct RIB Qq Y ~ ~ y ~+ ~ ~ ~ y~g~g~ ~~~~ ~~ ® ~ ~ ~ ~ ~~~~ ~~ ~ a ~' ~ ~ a ~ ~ ~ ~ ~~~~F ~ ~~~~~~ r~ ~~- ~. ~ ~~ ~ rya g~ ~ ~P ~ ~ ~ '~ ;~ _ r ;~ _{ 7 w 6tlYA3b~ 7a r ~ ~ ~~ ~~ ~~ ~~@' ~~~ ~~~ ' `1D'11 `~F°l ~ 7@~a®Y 'dA ~ iL'9 ~ Z ~6 v u ~ Q ~ _ ~_ e*~ s ~~ e~y d ~s d~ e '~ ~ ~ ~~ ~ z~~ ~ ~~~ `~ ~ c ~~ ~' ~ ei z ~~~~ e~ ~. ~ ~ 'A' W ~~ ~~~ ~ ~i ~ ~ ~~~ Irpy ~ ~~ Exhibit A -Page 3 4. Photos of Existing Facility ~1__ Exhibit A -Page 4 ~ '~ 4. Proposed Elevation ~yFoRb (sRf.~Ns ~"o~• • cos :i~"~ s ems. O~ s ~AtI ~ ~„uG[f S r~ ~ ~,, ~o ~.»~ Exhibit A -Page 5 5. Applicant's Narrative Al'1'1.1~ATlQI+1' I3E~C12I1'~'1®1~1 Itoqucst a v~'isatce ix~rst I1AC 11-3~-7C6 w~iich p~h~°bits ira~rvious svrfaees fga~ beva~ looted within ec~gtdrozi Iands~pe buffers. Ashford Greens l-I(3A is prc~posin~ to reratove the feacin~ that ssarrotmds t~ eacisiing irrigation pump sad ci~terrt and replace this fence ~~ a low-pm~le stick frame building that measures 1~ fact >3y 24 feet and 14 fact at the pcalc. Ashfcsrd Greens ~ubdivisioa has a made a la$~ ia~eat in this ° tion puasp and cistcm anti wishes tcf prote+et this invent by protecti~ rt from irn °ous weather eotnclitioa~ °lltis variaa~ will mat be 1 ba public hesal..t6, safety sad welfam. to fact as it curt~tly sits, children are able to climbs ever the fence at risk to their physical well-tieing anti the potential li€tbility fear the hot~te owners of owl Careens is signiHe~at. To mown this pump and system r~auld ~ ~ eactrenie fissaracissl hardship t+~ the owners ofAshford Grew Su~ivisiaa It should be nc~tc+tl that this pursap hesu5e, cistern and surnc ~andiag fence rvem: e:~tLStrttCt~d severrel yeeu~ prier to rife enactment of 11I~ l 1-31~-7Cb. It should also be neatexl that a prior variance wns givers to l~I7C 11313-7G5 t~ k~lajestic '1'hr, Case ~ ~fAR~S-Ub6, Exhibit A -Page 6 6. (2) Bid Amounts rmiager fax 5th-~~~ P(ro~posal BYtimiusd(T'~a_ ~ . tO~J~+ 'Viut2.~~~~'~ Perri .'~.C. Si+r,~~.~, aat~: ~ . -~, .rec. ~. ~. ~>~: ~~~ JOb Name & LOl8tlon. We hereby gubrrrit sPeaiflc~ttons artd estimates for: ~ C3CI ~ R ~ ~F t, YM~ aEsBmete ~ ror Cefiplattng are lob ee tlawuFzad ebow. It ie based on oVP evelusttm, erld does not bmLrhe matod9l pdoa Inaeasos ~ eddiNOnal labor amt ma~rh3le aY4tlCN May be repelred ehauhf ur~Pareeaen Oroblerna or adaeise wMtlier ~ndWons aNes offer work hag otatted. Payment to be made es foll0v+~: Payment due writfiln 76 days oP Irminger Construction compa~,y'e Imroloa date. A oharge of 5ele per month will be a98esf2~ to a0 past due ecaourns. Signer vYill 13f3 responsible for any gal and/or wllectlon Peps incurred. ail materaal is gueranm8d to be ~ eR~lted. al aork fa be comptaiad N uwrkmaNUoe manner eceere~ to emndard prime. Arty elteraHhn or deNaeen horn shore epeelH~Nena IoaolWrtg extra wcts, wHl be e+rowtotl enty open wdken o~dme, and a~ become en otdra oimrge over artd show ate estimeto, All e9~emenm oormngert ~ eWleas, a~iderpo ar deteya eprpond our eormvl. Our workate ero paDr aoverod br woHmgn'0l.'ompena~tpn Inmsanm end eonsn~ nehauy. Audtortzad siero~nae f~ 'rtre p~epoaal may be a6twrewn tq ua if rrot aeeepred withto thUty days. Aceeptanee of Pnoposa- Th0 at~va prita.4, speciflcstions end ctmdidons are satisfactory and ere hereby etxept9d. work as speaiflpd. Peymrarrt w1tl tre made ae pV~ned et7We. AcCppted Signature Die Signature PROPOSAL ~~s~~>~ ~~ m. You are suihorizetl to do the Exhibit A -Page 7 Stephens Construction 268 Sherwood Rd Middleton, Idaho 863644 208x631-1474 Fag aaa-si4-as2g o sa To: Snake River Management 7231 W. Franklin Rd Boise, ID 83709 Alan: Joe Tutmes Re: Ashford Grreeas, H.O.A: 14'x24' Pump house. We hereby submit specifications sad proposals for the following: Prep site fora 14'X24' Pump house. ~ Potu concrete footer, and frame pumphouse with a 3/12 roof pitch. ~~ Match shingles to existing dimensional shingles in complex. t~45 .+~+ Provide 2 skylights, anti 1 removable roof hatch for pump removal. Install a (~$0 Double dir. hista1124' work bench. Install siding sad trim. Install venting for moisture. Pair-t to your color spe;,ificaxivns. Includes pertni# and plans. We hereby propose to furnish all labor and nailing fasteners- comple#e and in accordance with the above specifications, for the sum of ~'1.812~0) Seven thousand eight hundred twelve and 20/100 dollars. Payment to be merle as follows: Uptm completion. All material is guaranteed to be as specified. All work to be completed in a voorlananlilce manner according to standard construction practices. Any alteration or deviation &oan eimve speciScat~ions involving eta costs wiU 6e executed only upon wrltien change orders, amd will btxome as exl:a charge over stud above the written estimate. Ail meats contingent upon stritces, accidents and !or dehtys beyond onr cautroL Ali services pilled are subject to a late charge of 1 S%per month if not paid wnthin 3Q tssleodar days from date of billing. Should an acco~mt be in default of temu and refem®d to ap outside agency, then, reasonable attorney's few, court ~ and cods ofeolleetioa shall be paid by the cus4omcr! customer"s r~preseniffiive. Signatutre: ~clhZ i Aecep#ance of this proposal- the above prices, specifications and conditions are satisfactory sad area hereby aceeptaed. You are hereby atrthotixed to start the work as outlined above. Signature: Exhibit A -Page 8 B: Required Findings from the Unified Development Code (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 has reviewed these findings and believes that granting a Variance for the reason requested by the applicant would not grant a right or special privilege as the current facility presently exists within the required street landscape buffer. B. The variance relieves an undue hardship because of characteristics of the site; Staff finds granting the variance would relieve the applicant from an undue hardship because that current configuration of the common lot and lack of a surplus lot makes it impossible to relocate the existing facility. C. The variance shall not be detrimental to the public health, safety, and welfare. Staff finds granting the variance would not be detrimental to the public health, safety and welfare of the community. Staff finds enclosing the irrigation facility with a building would provide a safer alternative than the existing 6-foot fence. Exhibit B -Page 1