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Heritage Grove ALT-15-006 Mayor Tammy de Weerd tam c/i DIA - € r0UI y CnciMembers: Keith Joe Borton Luke Genesis Milam IDAHO Charlie Rountree David Zaremba April 9,2015 Mr. Tucker Johnson Green Village Development 372 S. Eagle Road, Suite#328 Eagle, ID 83616 RE: Request for Alternative Compliance(ALT-15-006)to Unified Development Code(UDC) 11-3A- 7 for the Heritage Grove Subdivision. Dear Mr.Johnson: This letter is in response to your request for alternative compliance(ALT)to the fencing regulations set forth in UDC 11-3A-7 for the Heritage Grove Subdivision. Specifically,Unified Development Code 11-3A-7C.8, requires all fences adjacent to the alley rear yards and alley side yards too be open vision fencing and must be set back a minimum of 5 feet from the alley (measured from the prperty line). In effort to create a more private, outdoor living space for the residences within the Heritage Grove Subdivision,you are requesting to construct 6-foot tall solid fencing along all of the alleys within the approved development,measured 4 feet from the alley. Further,you have submitted an exhibit that demonstrates the functionality of the side yard outdoor living space for the alley and mew lot homes. UDC 11-5B-5 allows the City to provide for alternative means to certain development regulations, including the fencing regulations set forth in UDC 11-3A-7. In reviewing the criteria for allowing the alternative compliance request,the Director shall determine the following Findings: 1. Strict adherence or application of the requirements is not feasible; OR The main reason for the open vision fencing adjacent to the alley is to provide a clear line of site for motorists exiting their garages and entering the alley. With the approval of the Heritage Grove Planned Unit Development, the City authorized a 2-foot minimum setback for the structures, measured from the alley. The Applicant is proposing a greater setback for the fencing thereby minimizing the visibility concerns. The Director finds strict adherence is feasible, but not desirable 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the Applicant's request is meeting the intent of the ordinance by enhancing the quality life for the future residences utilizing the side yard outdoor living space(see Finding above). 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative will not be detrimental to the public welfare or impair the use/character of the surrounding properties for the reasons stated above. Based on the above Findings,your request for Alternative Compliance to the fencing standards is approved and will apply to all of the alley accessed properties within the Heritage Grove Subdivision. 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 April 23,2015,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. If you should have any questions regarding his matter,please don't hesitate to call me at 884-5533. (77re._lyozel I Caleb Hood,AICP Planning Division Manager CH:bp MAR 132015 . N: Planning Division ALTERNATIVE COMPLIANCE n Application Checklist Project name: de LT11�/( 62-o- C #:ALT- i 'OO Applicant/agent: 6zif„..,,) I ��' �/ � eig— D �0 All applications are required to contain one copy of the following unless otherwise noted: Applicant . Staff" Q �v)" Descption (, 13l Completed and signed Development Review Application / (If also submitting a concurrent application for a preliminary plat or conditional use permit, the Z. JAlternative Compliance request will be processed along with that application.just check the tof Alternative Compliance box on the Development Review Application and submit the information below.) Affidavit of Legal Interest signed and notarized by the property owner(If owner is a corporation,submit a copy of the Articles of Incorporation or other evidence to show that the person signing is an authorized agent.) Narrative fully describing the proposed request including the following: The specific requirements that are proposed to be modified ➢ Address the reason why strict adherence or application of the requirements are not feasible ➢ Demonstrate how the proposed alternative means for compliance with the specific requirements provides an equal or superior means of meeting the intent and purpose of the regulation ➢ Any supporting documentation or plans Fee I/n0 THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF IIAS RECEIVED ALL REQUIRED INFORMATION. Community Development■Planning Division■33 E.Broadway Avenue,Ste. 102 Meridian,Idaho 83642 Phone:208-884-5533 Fax:208-888-6854 www.meridiancity.org/planning (05/21/2014) E Planning Division DEVELOPMENT REVIEW APPLICATION S'T'AFF US ONLY Project name .{ 'g I : r0 File ntunber(s) 1$ t3►` Assigned Planner "" Related files.... "" «"O Type of Review Requested(check all that apply) 0 Accessory Use 0 Planned Unit Development administrative Design Review 0 Preliminary Plat Alternative Compliance 0 Private Street 0 Annexation and Zoning 0 Property Boundary Adjustment ❑Certificate of Zoning Compliance ❑Rezone ❑Comprehensive Plan Map Amendment 0 Short Plat ❑Comprehensive Plan Text Amendment 0 Time Extension: ❑ Conditional Use Permit Director/Commission/Council(circle one) ❑Conditional Use Modification 0 UDC Text Amendment Director/Commission(circle one) 0 Vacation: ❑Development Agreement Modification Director/Council(circle one) ❑Final Plat 0 Variance ❑Final Plat Modification 0 Other Applicant Information Applicant name: e}Z E ) Y j 7. t(e.2\)' Phone: (P`JJ Sy Applicant address: 3 7Z/ 5 east,_- 2c ' ZR Email: C.Jtte r cC',C,CY✓I City: 3'56I1-0 State: Zip: Applicant's interest in property: ,'Own 0 Rent 0 Optioned 0 Other Owner name: 67 6 V 1 C-LC Phone: Owner address: Email: City: State: Zip: Agent/Contact name(e.g.,archit t,engineer,developer,representative): Firm name: /t4ei U J S'tt Phone: Owner address: `lie- Email: City: State: Zip: Primary contact is: XApplicant 4Owner /Agent/Contact Subject Property Information Location/street address: lir raiC->e- efi/t Ua Township,range,section: I/N I C See3' Assessor's parcel number(s): Total acreage: Z(• / Zoning district:�l Community Development•Planning Division■33 E.Broadway Avenue,Ste. 102 Meridian,Idaho 83642 Phone:208-884-5533 Fax:208-888-6854 www.meridiancity.org/planning -1- (Rev.06/12/2014) /' Project/subdivision ih 1'r `tfGV bar t/G'`�/OPQ General description of proposed project/request:/> r ,, / kf d01•i) f//1 T oiler k ,2 Gs fIe ii -ii- S 4"T f n 4 ,i I l Pr2pesreirzoning district(s): gi Acr each zone p ppeSed: Z I,7 r Type of use proposed(check all that apply): sidential 0 Office 0 Commercial 0 Employment 0 Industrial 0 Other Who will own&maintain the pressurized irrigation system in/On development? Which irrigation district does this pr perry Qi lie within? 1 D Primary irrigation source: �J L 1 I Secondary: Square footage of landscaped areas to be irrigated(if primary or secondary point of connection is City water): Residential Project Summary(if applicable) Number of residential units: Number of building lots: Number of common lots: Number of other lots: Proposed number of dwelling units(for multi-family developments only): 1 bedroom: 2-3 bedrooms: 4 or more bedrooms: Minimum square footage of structure(excl.garage): Maximum building height: Minimum property size(s.f): Average property size(s.£): Gross density(Per UDC 11-1A-1): Net density(Per UDC 11-1A-1): Acreage of qualified open Space: Percentage of qualified open space: Type and calculations of qualified open space provided in acres(Per UDC 11-3G-3B): Amenities prcided with this development(if applicable): Type of dwelling(s)proposed: 0 Single-family Detached 0 Single-family Attached 0 Townhouse 0 Duplex 0 Multi-family 0 Vertically Integrated 0 Other Non-residential Project Summary(if applicable) Number of building lots:` - Common lots: Other lots: Gross floor area pro sed: Existing(if applicable): Hours of opera' n(days and hours): Building height: Total number of parking spaces provided: Number of compact spaces provided: Authorization -��. Print applicant name: �fe: " Jv 4J Applicant signature: .b' _. Date: // /./5—.... Community Development■Planning Division■33 E.Broadway Avenue,Ste. 102 Meridian,Idaho 83642 Phone:208-884-5533 Fax:208-888-6854 www.meridiancity.org/planning -2- (Rev.06/12/2019) March 12, 2015 q RITAGE Bill Parsons ROVE Meridian City Planning 33 E. Broadway Ave., Ste. 102 Meridian, Idaho 83642 RE: Heritage Grove Subdivision-Alternative Compliance Dear Bill, At your suggestion I am submitting this application for alternative compliance regarding the type and location of fencing between alley houses and alley-mew houses with in Heritage Grove Subdivision. In an effort to create as much private,outdoor living space for the residence of each alley and alley-muse house we are utilizing side yard easements so that these residents can more fully use the spaces between houses. These easement areas need to be private in for the residents of this 55+ community to maximize the livability. The graphic below illustrates how these easements work. HERITAGE G:E G V illustration of Side Yard Easeiiients "Lot A" "Lot H" "Lot C" "Lot D" Tont Property Line Its s_��,�, «x.��:._ ...., ...... I I I .. I attic ..._. I t-J I. _ ..... of 2 wDetween ea of ' I I Fe I_ min Pon or nonce a r ti Force c Fgr' - I r'/�1 Ono you Ptmnol -mm.of z' of r e r 14 anywhere In this fence , .,;? 'enotosed port of house and fence rr0 S'e i ,)i VI' pet � 54 94 pi ato,s pato ' e Easement ,/ basement patio; ,s� Easement. ....• Area to Area to filo ' / A oa to tine i I _ /4 the benefit, benefit of __1 benefit of of LOT A t'e LOT €3 I / ; LOT C One gobs y reg rad V 22 p m:,%„,,,,,,,. / e . �'� / `;i e • { from the edge of alley. ice/1 uCe C 1 ///' Fen tom` --�Fenee" 1 Fen e 1 L__ ___ __ =_ /� _mm_ Alley Alley Alley Alley Therefore,we are requesting that rear yard fences of alley accessed properties and alley side yard properties with Heritage Grove may be solid and located 4' or more from the edge of an alley. Sincerely, Tucker Ve noon AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ) COUNTY OF ADA ) I, ,ZL &?i pro37a s acl /, 21 13z8" (name) (address) ' C , e..- , �� ar (city) (state) being first duly sworn upon,oath,depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: r VIteri(-- f7Z C end /� �2J ZS (name) (address) E /t ' 334,,./(r to submit the accompanying application(s)pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this a day of J A-,Jiht re ,20 /6 , Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. Ilk-.gory OF , ,,L0000„ ROBERT T. SMITH otary Public for Idaho) NOTARY PUBLIC Residing at: 444- --1,Yy STATE OF IDAHO My Commission Expires: //—22/9 Community Development■Planning Division•33 E.Broadway Avenue,Ste. 102 Meridian,Idaho 83642 Phone:208-884-5533 Fax:208-888-6854 www.meridiancit .org/ In anning