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