Loading...
CC - Staff Report1 Charlene Way From:Matthew Schultz Sent:Friday, January 19, 2018 2:22 PM To:Joshua Beach; Barbara Shiffer; Bill Parsons; C.Jay Coles; Charlene Way Subject:Re: Pond - Variance thanks Josh. Matt Schultz (208) 880-1695 On Fri, Jan 19, 2018 at 2:19 PM, Joshua Beach <jbeach@meridiancity.org > wrote: Attached is the staff report for the proposed variance for Pond Subdivision H-2017-0169. This item is scheduled to be on the Council agenda on January 23, 2018. The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Matt - Please submit any written response you may have to the staff report to the City Clerk’s office (cjcoles@meridiancity.org ) and myself (e-mail or fax) as soon as possible. Josh Beach | Associate City Planner City of Meridian | Community Development Department 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-489-0576 Built for Business, Designed for Living www.opportunitymeridian.org All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Pond Subdivision – VAR (H-2017-0169) PAGE 1 STAFF REPORT Hearing Date: January 23, 2018 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner (208) 884-5533 SUBJECT: Pond Subdivision – VAR (H-2017-0169 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Schulz Development, requests approval of a variance to UDC 11-2A-3D.3, which prohibits accessory structures from encroaching into the street yard. See Section VIII Analysis for more information. II. SUMMARY RECOMMENDATION Staff finds that the request for a variance does not meet all of the findings criteria required in the UDC in order for the City Council to grant a variance (see Exhibit B for the required variance findings). Therefore, Staff recommends denial of the subject Variance application for the reasons stated herein. III. PROPOSED MOTIONS Denial After considering all staff, applicant, and public testimony, I move to deny File H-2017-0169 as presented in the staff report for the hearing date of January 23, 2018, for the following reasons: (you should state specific reasons for denial.) I further move to direct Staff to prepare Findings for this project, to be considered at the (date certain) public hearing. Continuance After considering all staff, applicant and public testimony, I move to continue File Number H-2017- 0169 to the hearing date of (date certain) for the following reason(s): (you should state specific reason(s) for continuance.) Approval After considering all staff, applicant, and public testimony, I move to approve File Number H-2017- 0169 as presented during the hearing on January 23, 2018, with the following changes: (insert any changes here). I further move to direct Staff to prepare Findings for this project, to be considered at the (date certain) public hearing. IV. APPLICATION AND PROPERTY FACTS a. Site Address/Location: This site is located at 2980 N. Meridian Road, in the northwest ¼ of Section 6, Township 3 North, Range 1 East b. Owner: Thair Pond 2980 N. Meridian Road Meridian, ID 83646 Pond Subdivision – VAR (H-2017-0169) PAGE 2 c. Applicant: Matt Schultz, Schultz Development PO Box 1115 Meridian, ID 83680 d. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS a. The subject application is for variance. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. b. Newspaper notifications published on: January 5, 2018 c. Radius notices mailed to properties within 300 feet on: December 27, 2018 d. Applicant posted notice on site by: January 10, 2018 VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of a residence and several outbuildings, zoned R-8. Only the one of detached accessory structures doesn’t meet current setbacks. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single-family residential property, zoned R-4 2. East: County residential properties, zoned R1 3. South: Silhouette Subdivision and Highgate Subdivision, zoned R-8 4. West: Single family residential and multi-family residential property, zoned R-8 and R-15. C. History of Previous Actions: In 2012, this land was previously annexed and zoned and granted conditional use permit approval in 2012 (AZ-12-014; CUP-12-020) for Tomorrow’s Hope. A development agreement was recorded (DA #113019366) which requires any existing structures that were to remain as part of a future subdivision had to comply with the R-8 dimensional standards. In 2017, the property was granted preliminary plat approval as part of Pond Subdivision (H- 2017-0115). The property will be reconfigured once the final plat records. A requirement of the preliminary plat states the applicant shall remove the non-conforming structure or apply for a variance. UNIFIED DEVELOPMENT CODE The following Unified Development Code (UDC) sections are pertinent to this application: 11-2A-3D.3 – “One detached accessory building that does not exceed one hundred twenty (120) square feet in area and eight feet (8’) or less in height shall be allowed in the required rear yard. In no case shall an accessory building be allowed in the street yard or the required side yard.” Per UDC 11-1A-1, street yard is defined as follows: “An area extending across the full width of the property and lying between the front property line and the nearest line of a principal structure.” The UDC contains a definition of a nonconforming structure. The key is if the structure lawfully exists, the UDC would allow for it to remain but the owner would have to provide evidence that a building permit was received for the building. The applicant would need to provide evidence to Pond Subdivision – VAR (H-2017-0169) PAGE 3 verify a valid building permit to construct the shed through Ada County. If Council wants to approve the structure to remain, that may be the avenue that we can make the Findings for them. The definition of a nonconforming structure is as follows: “A structure that was lawfully constructed and/or existing prior to the effective date of this title but that does not conform to the dimensional standards for the district in which it is located.” VIII. ANALYSIS Analysis Leading to Staff Recommendation The applicant requests a variance to UDC 11-2A-3D.3, which prohibits accessory structures from encroaching into the street yard. When this property was annexed, the existing structures were called out as non-conforming until such time as future subdivision application was approved. The recorded DA also requires that any existing structuring remaining as part of the subdivision comply with the R-8 dimensional standards. The narrative from the applicant gives some justification for the request including the fact that the existing shed is 258 feet from Meridian Road and 118 feet from the future Addison Street and will be completely screened from view by fencing and landscaping As noted previously, the subject property was approved for a preliminary plat in 2017 (Pond Subdivision H-2017-0115). Prior to this submittal, staff indicated to the applicant that a variance would be required in order to keep the accessory building in its current location. During the public hearing of the preliminary plat Council made a motion that the applicant submits a variance application to take the applicant request to keep the existing structure. In order to grant a variance, the Council needs 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. While staff is of the opinion granting the proposed variance would not be detrimental to the public health, safety and welfare; Staff finds granting the variance would grant a right or special privilege to the applicant that is not otherwise allowed. Specifically, the DA requires conformance with the R-8 dimensional standards and the UDC does not allow detached accessory structures in the street yard. Further, staff finds there are no characteristics of the site that would prevent compliance with the subject UDC requirement. Therefore, staff recommends denial of the subject variance request. IX. EXHIBITS A. Drawings 1. Vicinity Map 2. Pictures of Accessory Building 3. Accessory Building Exhibit B. Required Findings from the Unified Development Code Pond Subdivision – VAR (H-2017-0169) A. Drawings 1. Vicinity Map Pond Subdivision – VAR (H-2017-0169) 2. Pictures of Accessory Building Pond Subdivision – VAR (H-2017-0169) 3. Accessory Building Exhibit Pond Subdivision – VAR (H-2017-0169) 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 11-5B-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 would allow a right or special privilege that is not otherwise allowed in the district because detached accessory buildings are not allowed to be placed within the street yard and the recorded DA requires existing structures to conform to the R-8 dimensional standards. B. The variance relieves an undue hardship because of characteristics of the site; Staff finds there are no characteristics of the site that would prevent the applicant from locating the building in an area on the site that complies with UDC 11-2A-3D.3. C. The variance shall not be detrimental to the public health, safety, and welfare. Based on Fire Departments comments, Staff does not find that granting the proposed variance would be detrimental to the public health, safety, and/or welfare as the site comports with the other dimensional standards of the R-8 after the plat records. See Section VIII Analysis for more information. Pond Subdivision – VAR (H-2017-0169) PAGE 1 STAFF REPORT Hearing Date: January 23, 2018 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner (208) 884-5533 SUBJECT: Pond Subdivision – VAR (H-2017-0169 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Schulz Development, requests approval of a variance to UDC 11-2A-3D.3, which prohibits accessory structures from encroaching into the street yard. See Section VIII Analysis for more information. II. SUMMARY RECOMMENDATION Staff finds that the request for a variance does not meet all of the findings criteria required in the UDC in order for the City Council to grant a variance (see Exhibit B for the required variance findings). Therefore, Staff recommends denial of the subject Variance application for the reasons stated herein. III. PROPOSED MOTIONS Denial After considering all staff, applicant, and public testimony, I move to deny File H-2017-0169 as presented in the staff report for the hearing date of January 23, 2018, for the following reasons: (you should state specific reasons for denial.) I further move to direct Staff to prepare Findings for this project, to be considered at the (date certain) public hearing. Continuance After considering all staff, applicant and public testimony, I move to continue File Number H-2017- 0169 to the hearing date of (date certain) for the following reason(s): (you should state specific reason(s) for continuance.) Approval After considering all staff, applicant, and public testimony, I move to approve File Number H-2017- 0169 as presented during the hearing on January 23, 2018, with the following changes: (insert any changes here). I further move to direct Staff to prepare Findings for this project, to be considered at the (date certain) public hearing. IV. APPLICATION AND PROPERTY FACTS a. Site Address/Location: This site is located at 2980 N. Meridian Road, in the northwest ¼ of Section 6, Township 3 North, Range 1 East b. Owner: Thair Pond 2980 N. Meridian Road Meridian, ID 83646 Pond Subdivision – VAR (H-2017-0169) PAGE 2 c. Applicant: Matt Schultz, Schultz Development PO Box 1115 Meridian, ID 83680 d. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS a. The subject application is for variance. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. b. Newspaper notifications published on: January 5, 2018 c. Radius notices mailed to properties within 300 feet on: December 27, 2018 d. Applicant posted notice on site by: January 10, 2018 VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of a residence and several outbuildings, zoned R-8. Only the one of detached accessory structures doesn’t meet current setbacks. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single-family residential property, zoned R-4 2. East: County residential properties, zoned R1 3. South: Silhouette Subdivision and Highgate Subdivision, zoned R-8 4. West: Single family residential and multi-family residential property, zoned R-8 and R-15. C. History of Previous Actions: In 2012, this land was previously annexed and zoned and granted conditional use permit approval in 2012 (AZ-12-014; CUP-12-020) for Tomorrow’s Hope. A development agreement was recorded (DA #113019366) which requires any existing structures that were to remain as part of a future subdivision had to comply with the R-8 dimensional standards. In 2017, the property was granted preliminary plat approval as part of Pond Subdivision (H- 2017-0115). The property will be reconfigured once the final plat records. A requirement of the preliminary plat states the applicant shall remove the non-conforming structure or apply for a variance. UNIFIED DEVELOPMENT CODE The following Unified Development Code (UDC) sections are pertinent to this application: 11-2A-3D.3 – “One detached accessory building that does not exceed one hundred twenty (120) square feet in area and eight feet (8’) or less in height shall be allowed in the required rear yard. In no case shall an accessory building be allowed in the street yard or the required side yard.” Per UDC 11-1A-1, street yard is defined as follows: “An area extending across the full width of the property and lying between the front property line and the nearest line of a principal structure.” The UDC contains a definition of a nonconforming structure. The key is if the structure lawfully exists, the UDC would allow for it to remain but the owner would have to provide evidence that a building permit was received for the building. The applicant would need to provide evidence to Pond Subdivision – VAR (H-2017-0169) PAGE 3 verify a valid building permit to construct the shed through Ada County. If Council wants to approve the structure to remain, that may be the avenue that we can make the Findings for them. The definition of a nonconforming structure is as follows: “A structure that was lawfully constructed and/or existing prior to the effective date of this title but that does not conform to the dimensional standards for the district in which it is located.” VIII. ANALYSIS Analysis Leading to Staff Recommendation The applicant requests a variance to UDC 11-2A-3D.3, which prohibits accessory structures from encroaching into the street yard. When this property was annexed, the existing structures were called out as non-conforming until such time as future subdivision application was approved. The recorded DA also requires that any existing structuring remaining as part of the subdivision comply with the R-8 dimensional standards. The narrative from the applicant gives some justification for the request including the fact that the existing shed is 258 feet from Meridian Road and 118 feet from the future Addison Street and will be completely screened from view by fencing and landscaping As noted previously, the subject property was approved for a preliminary plat in 2017 (Pond Subdivision H-2017-0115). Prior to this submittal, staff indicated to the applicant that a variance would be required in order to keep the accessory building in its current location. During the public hearing of the preliminary plat Council made a motion that the applicant submits a variance application to take the applicant request to keep the existing structure. In order to grant a variance, the Council needs 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. While staff is of the opinion granting the proposed variance would not be detrimental to the public health, safety and welfare; Staff finds granting the variance would grant a right or special privilege to the applicant that is not otherwise allowed. Specifically, the DA requires conformance with the R-8 dimensional standards and the UDC does not allow detached accessory structures in the street yard. Further, staff finds there are no characteristics of the site that would prevent compliance with the subject UDC requirement. Therefore, staff recommends denial of the subject variance request. IX. EXHIBITS A. Drawings 1. Vicinity Map 2. Pictures of Accessory Building 3. Accessory Building Exhibit B. Required Findings from the Unified Development Code Pond Subdivision – VAR (H-2017-0169) A. Drawings 1. Vicinity Map Pond Subdivision – VAR (H-2017-0169) 2. Pictures of Accessory Building Pond Subdivision – VAR (H-2017-0169) 3. Accessory Building Exhibit Pond Subdivision – VAR (H-2017-0169) 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 11-5B-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 would allow a right or special privilege that is not otherwise allowed in the district because detached accessory buildings are not allowed to be placed within the street yard and the recorded DA requires existing structures to conform to the R-8 dimensional standards. B. The variance relieves an undue hardship because of characteristics of the site; Staff finds there are no characteristics of the site that would prevent the applicant from locating the building in an area on the site that complies with UDC 11-2A-3D.3. C. The variance shall not be detrimental to the public health, safety, and welfare. Based on Fire Departments comments, Staff does not find that granting the proposed variance would be detrimental to the public health, safety, and/or welfare as the site comports with the other dimensional standards of the R-8 after the plat records. See Section VIII Analysis for more information.