HomeMy WebLinkAboutALT 14-009E IDIAN*-
I IDA
N L HO
July 25, 2014
Kyle & Kim Nielsen
1204 N.W. 1St Street
Meridian, ID 83642
RE: Fencing Adjacent to the Alley at 1204 N.W. 1St Street (ALT -14-009)
Dear Mr. & Mrs. Nielsen:
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
This letter is to confirm the Director approved your request for alternative compliance to Unified
Development Code (UDC) 11 -3A -7C.8 for the subject property based on the required findings
listed in UDC 11 -5B -5E as follows:
1. Strict adherence or application of the requirements are not feasible; or
UDC 11 -3A -14C requires outdoor storage areas to be screened with a 6 -foot tall
solid fence. UDC 11 -3A -7C.8 requires all fences within the required rear yard of
alley accessed properties to be open vision and set back a minimum of 5 feet from the
alley. The Director finds that it is not feasible for the applicant to comply with both of
the above -referenced sections of code concurrently.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The applicant is proposing to construct a 6 -foot tall solid fence at the rear of their
property, set back 5 feet from the alley. This proposal meets both the screening
requirements listed in UDC 11 -3A -14C and the setback requirements listed in UDC
11 -3A -7C8.
The Director finds the alternative compliance provides an equal means for meeting
the requirements as it provides for the minimum fencing setback off the alley while
also providing screening of their outdoor storage area.
3. The alternative means will not be materially detrimental to the public welfare or
impair the intended uses and character of surrounding properties.
The Director finds the alternative means will not be materially detrimental to the
public welfare or impair the character of surrounding properties for the following
reasons: 1) there are several existing nonconforming structures and fences on
Community Development Department - Planning Division - 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org
adjacent properties within the required rear yard adjacent to the alley in this area; 2)
this property is located on a short block and on street -alley corner which provides a
clear view of the alley from the adjacent street (W. Washington Street); and 3) the
primary access for the subject property is from N. W. I" Street, not the alley.
The applicant, Director, or a party of record may request City Council review of a decision of the
Director. All requests for review shall be filed in writing with the Planning Division of the
Community Development Department on or before August 9, 2014, within fifteen (15) days after
the written decision is issued, and contain the information listed in UDC 11 -5A -6B.
If City Council review of the decision is not requested, the action of the Director represents a
final decision on a land use application. You have the right to request a regulatory taking
analysis under Idaho Code 67-8003.
Thank you for contributing to the success of Meridian. Please help us serve you better in the
future. Visit our web -site at www.meridiancity.org/Planning/ to fill out a comment card and give
us feedback on how we are doing.
Sincerely,
Caleb Hood, AICP
Planning Division Manager
CH: sw
Community Development Department - Planning Division - 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org
ECEIVEPSud
JUL 18 2014
E IDIAN,�Planning Division
t ADMINISTRATIVE REVIEW APPLICATION
Type of Review Requested (check all that apply)
❑ Accessory Use STAFF USE ONLY:
Alternative Compliance
❑ Certificate of Zoning Compliance File number(s):�7� �u'cc
❑ Certificate of Zoning Compliance Verification
❑ Conditional Use Permit Minor Modification
❑ Design Review Project name:
❑ Private Street Date filed: Date complete:
❑ Property Boundary Adjustment
❑ Time Extension (Director) Assigned Planner:
❑ Vacation Related files:
❑ Other
Applicant Information
Applicant name:�J .hoM� . -2A S]0'45
pp (�--E w 1? S -C zip: a q7—E-mail: P�NSG@ I�lw �
Applicant address:
Applicant's interest in property: 10 Own ❑ Rent
_ ❑ Optioned ❑ Other /�
Owner name: Y�`�\ t'c5 V�I�U�� Pfon Z(9g2.I,I750 Fax: NA
Owner address: Zip: E-mail:
Agent name (e.g., architect, engineer, developer, representative):
Firm name:
Address:
Primary contact is: gApplicant Xowner ❑ Agent ❑ Other
Contact name:
Contact address:
Subject Property Information ff
Location/street address: 1 2 ,��,, Li
Assessor's parcel number(s):�
Phone: Fax:
Zip: E-mail: _
Phone: Fax:
Zip: E-mail:
C til u5L in
Township, range, section: N 11 Q Total acreage:
Current land use: lsi�•R Current zoning district:
33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
1 (02/08/2013)
0
Yroject/subtltvt n name:
General description roposed project/request:
Proposed zoning district(s):
Acres of each zone proposed:
Type of use proposed (check all that apply):
11Residential ❑ Commercial ❑ Office dustrial ❑Other
Who will own & maintain the pressurized irrigation sys in this development?
Which irrigation district does this property lie within?
r
Primary irrigation source: See 4
Square footage of landscaped areas to be irrigated (if primary or secondary
Residential Proiect
connection is City water):
Number of resi tial units: Number of building lots:
Number of common ts: Number of other lots:
Proposed number of dwel ' units (for multi -family developments only):
1 bedroom: 2 — 3 bedrooms: 4 or more bedrooms:
Minimum square footage of structure (excl. garage): Proposed building height:
Minimum property size (s.f): Average property size (s.f.):
Gross density (DU/acre-total land): Net density (DU/acre-excluding roads & alleys):
Percentage of open space provided: Acreage of open space:
Percentage of qualified open space acreage: (See Chapter 3, Article G, for qualified open space)
Type of open space provided in acres (i.e., landscaping, public, ommon, etc):
Amenities provided with this development (if applicable):
Type of dwelling(s) proposed: ❑ Single-family Detached ❑
❑ Duplexes ❑ Multi -family ❑ Other
Non-residential Project Summary (if
Attached ❑ Townhomes
Number of building ts: Other lots:
Gross floor area propose Existing (if applicable):
Hours of operation (days an urs): Buil ing height:
Percentage of site/project devoted the following: p� /
Landscaping: Building: I" Paving:
Total number of employees: umber and ages of students/children (if applicable):
Total number of parking spaces provided: Number of compact spaces provided:
Authorization
Print applicant
Applicant sign.
J
ur . Date'
33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642
Phone: (2 8) 884-5533 Facsimile: (208) 888-6854 Website: www.meridiancity.org
2
To whom it may concern:
We are writing to request alternative compliance authorization on our property at 1204 NW 1n
St to build a solid six-foot fence on the rear yard along the alley and side yard.
Code says that we can put a six-foot open vision fence within five feet of the property line, but a solid
fence must be at least 15 feet from the property line.
We have owned our home since 2003. We put RV and utility parking in on the east end of the lot shortly
after purchasing the home. The entire east end of our lot has gravel. It extends approximately 15 feet
into our property. From there we have about 20 feet of yard to our patio.
We were contacted by code enforcement; and told that we would need to put a solid fence around our
yard to screen the RV and utility trailers we have, due to a code change that was put in place around
2009. We were told there are no grandfather clauses, and we must comply or move our personal
property elsewhere, which would force us pay for storage.
In our effort to comply, we went to planning and zoning, to purchase a building permit and build the
fence. Planning & Zoning officials said the codes were very conflicting in our situation. Code prohibits us
to build the fence where we needed it, because we can only have an open vision fence within five feet
of the alley, where our parking is. But we are required to have a solid fence to screen, and that solid
fence must be 15 feet from our property line.
We want to comply with code section 11 -3a -14.c, It states "For properties in residential districts, all
materials, equipment, inventory, and/or supplies shall only be stored in the rear or side yard and shall
be screened by a solid fence, six feet in height". But on the other hand, code says because we live on an
alley, we cannot put a solid fence within 15 feet of the property line at the alley. Only an open vision
fence is allowed there.
We wish to request alternative compliance for the following reasons:
1 The site conditions are such that full compliance is impractical for if we move our fence in 15
feet more to store the trailers we have, it will eliminate the back yard. Leaving us with
essentially less than five feet of grass.
2 Safety considerations make alternative compliance desirable. We have a smaller than normal
four year old daughter with Down syndrome. At this point, she does not recognize vague
boundaries. She has and will wander if not under constant supervision. We can't let her play in
the front yard by herself at all. If we have to take our entire rear yard area to utilize the extra
room to store our trailers, she will have no safe play area whatsoever.
With a fenced rear lawn, she could come and go as she pleased and play in the rear yard with in
the safety of the fenced area.
3 We were told that the code was written to allow "eyes on the alley and keep spaces open" to
have unobstructed views of the alley. As this alley was in existence well before this code, it has
had the majority of this section covered by six foot fences, garages, storage sheds, shrubs,
grapes, trees and large screening plants right out to the alley boundary. We feel that continuing
this straight line down the alley would help public safety, since it would prevent coves, inlets or
recessed areas in which people could hide.
4 We were told that we could go through the process to rezone our property from the current
zoning to old town zoning, but found that with the cost of the rezoning fees, survey fees, and
then the fence on top of that, the cost would be in the ball park of $10,000. This was
completely impractical for our family situation and budget.
5 Moving the fence line in 15 feet from the property line, and then adding a screening fence
would be impractical in the fact that we would have 15 feet of our property that would be
virtually useless. Being cut off from the main rear lawn and sprinkler access, it would have to be
left bare. This would allow weeds to grow more easily and a place for windblown debris to
collect, Becoming a nuisance and hassle. It would just be a strip of property to maintain with no
real use.
As good neighbors and citizens, we would like nothing more than to help with safety and
enhancement of our neighborhood and community. We have made an extensive effort to update
and maintain our property. We want to comply with code enforcement. We respect the laws of the
land and are law-abiding citizens. We want to put in a fence -to fulfill the code regulations and screen
our trailers, but we are asking you to please allow us the extra room so our little girl can have a yard
to be able to roam and play safely, more easily and comfortably. Please, allow us the extra room to
safely store and screen the belongings we have and keep the neighbors happy. Allow us the ability
to continue a straight line along the property line of the alley to add to the public safety.
Thank you for your time and consideration,
e__4 �_ U V\.
Kyle and Kim Nielsen
1204 NW 15t St
Meridian, Id 83642
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