CC - Staff Report 6-22 June 9, 2021
MEMORANDUM
TO: Mayor and City Council
FROM: Alan Tiefenbach, Associate City Planner
CC: Legal and Clerk
RE: City Council Review of Director's Determination Regarding a Reduced
Side Setback to Construct a New Accessory Structure (CR-2021-0003)
Mayor and City Council,
A Certificate of Zoning Compliance(CZC) and Design Review approval was issued
on May 5, 2021 to allow a mobile dispatch service to operate in the Limited Office
Zoning District(L-O) located at 2560 S. Meridian Rd(Speedy Quick CZC, DES A-
2020-0135) consistent with the conditional use permit approval in 2017 (H-2017-
0031). The project includes an exterior facade 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.
During the review of the CZC'DES submittal, staff informed the applicant that the side
setback for the new 2,500 sq. ft. storage building must comply with the 10' interior side
setback per the dimensional standards of the L-O zone district rather than the 5' setback
as is shown on the site plan. However,the applicant asserted that the 5'setback as shown
is correct. The applicant's explanation for this setback reduction is that UDC Table 11-
213-3 in the commercial district(regarding dimensional standards),has the interior side
setback in the L-O zoning district shown as "1015"with a note below which states
"minimum setback only allowed with reuse of existing residential structure." The
applicant contends that because the 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.
Community Development Department . 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642
Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org
Page 2
The applicant requested a Director's Determination regarding this matter, and in a letter dated
May 5, 2021 the Director agreed with staff s interpretation of this standard. The letter explains
the 5' setback allowance in UDC 11-213-3 is to address the existing homes that may convert to
office uses. In most of the residential districts,a typical side yard setback is 5 feet,therefore the
reduced setback only applies to an existing structure to avoid creating non-conforming structures
and does not extend to new structures that may be constructed on the property. Subsequently,the
CZC was approved with a condition that the side setback of the accessory building be increased
to 10'.
Pursuant to UDC 11-5A-7,the applicant requests City Council review of the decision of the
Director to require a 10' side setback. By a simple majority vote,the City Council may uphold or
overrule the decision.
ATTACHMENTS
Approved Certificate of Zoning Compliance.
https://weblink.meridiancity.org WebLink/DocView.aspx?id=230280&dbid=0&repo=Me
ridianCity
Director's Determination Letter
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=230115&dbid=0&repo=Me
ridianCity
Applicants Narrative for Appeal to Council
https://weblink.meridiancity.org WebLink/DocView.aspx?id=230116&dbid=0&repo=Me
ridianCity