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Determination Letter Regarding Rear SetbackUA H U May 5, 2021 Joshua J. Leonard Clark Wardle 251 E. Front Street Suite 310 P.O. Box 639 Boise, ID 83701 Dear Mr. Leonard: Mayor Robert E. Simison City Council Members: Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault Luke Cavener Liz Strader This letter is in response to your request for a Director's Determination as set forth in your letter dated April 12, 2021. A Certificate of Zoning Compliance (CZC) and Design Review are presently being processed to allow a mobile dispatch company in the Limited Office Zoning District (L-O) located at 2560 S. Meridian Rd (Speedy Quick CZC, DES A-2020-0135). Project scope includes an exterior fagade improvement to an existing 1,700 sq. ft. residential structure, a new 27 space parking lot, outdoor storage yard, required landscaping and new 2,500 sq. ft. storage building. A conditional use was approved for this use on June 22, 2017 (H-2017-0031). In your April 12, 2021 letter, you assert that a 5' side setback should be required rather than a 10 setback for the proposed 2,500 sq. it, new storage building at the southeast portion of the property. Your explanation for this setback reduction is that in Table 11-2B-3, regarding dimensional standards in the commercial district, the interior side setback in the L-O zoning district is shown as "10152" with a note below which states "minimum setback only allowed with reuse of existing residential structure". You contend this project involves the reuse of the existing residential structure at the southwestern portion of the property (adjacent to S. Meridian Rd), all new structures on the property are also entitled to this reduced setback. You believe that "staff improperly and incorrectly read into this section of the UDC. (The letter also mentions the setback reduction should likewise be applied to the landscape buffer. Reduction in landscape buffer to residential uses is not applicable under this code section however, it is eligible through the Alternative Compliance (ALT) process. This has already been requested as part of the CZC submittal.) As staff mentioned in their February 25, 2021 email, the 5' setback allowance in UDC 11-2B-3 is to address the existing homes along arterials that may convert to office uses. As an example, to explain the intent, staff noted most of the residential structures in this area were constructed with a 546ot setback, and if rezoned from residential to office, requiring a 10' setback would create a non -conforming structure if this exception in the UDC did not exist. This setback reduction has been interpreted correctly and does not extend to all new structures that are proposed for construction on the same property. Community Development Department • 33 E. Broadway Avenue, Ste. 201, Meridian, ID 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org Joshua J. Leonard Page 2 If you have any questions or concerns regarding these determinations, please feel free to call me at 208-884-5533. Sincerely, Caleb Hood, AICP Planning Division Manager