Staff ReportSTAFF REPORT
Hearing Date: July 23, 2013
TO: Mayor & City Council
FROM: Sonya Wafters, Associate City Planner
(208) 884-5533
SUBJECT: VAR-13-003 -Plovanich
E IDIAN~--
IDAHO
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, John Plovanich, requests approval of a variance to UDC 11-2A-3D.3, which prohibits
accessory structures from encroaching into the required side 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 Number VAR-13-
003 as presented in the staff report for the hearing date of July 23, 2013, 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 VAR-13-
003 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 VAR-
13-003 as presented during the hearing on July 23, 2013, 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 983 E. Tuweep Street, in the northeast'/4 of Section 31, Township 4 North,
Range 1 East
b. Owner:
John Plovanich
983 E. Tuweep Street
Meridian, ID 83642
Plovanich VAR-13-003 PAGE 1
c. Applicant:
Same as owner
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: July 1, and 15, 2013
c. Radius notices mailed to properties within 300 feet on: June 20, 2013
d. Applicant posted notice on site by: July 13, 2013
VI. LAND USE
a. Existing Land Use(s): The existing use of this property is asingle-family residential home.
b. Description of Character of Surrounding Area: The surrounding area consists primarily of
existing commercial uses & property zoned for future commercial uses with a park to the east.
c. Adjacent Land Use and Zoning: This property is surrounded by residential homes in Cobra
Basin Subdivision, zoned R-4.
d. History of Previous Actions: None
VII. 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 .ward "
Per UDC 11-1A-1, side yard is defined as follows: "An area extending from the street yard to
the rear yard between the interior side property line and the nearest line of the principal
structure."
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 required side yard.
In the latter part of 2012, the applicant states that he came into the Community Development
Department to obtain a building permit for a small shed. He was told that he would not need a
permit to construct a shed that is less than 120 square feet in size; however, the shed should not
be located over any utility easements. As directed, he located the shed outside of utility
easements within the side yard of his properly (see pictures in Exhibit B). The applicant also
obtained approval for the shed from the Copper Basin Homeowners Association architectural
committee.
In May 2013, the applicant was notified by the City that the shed is located in an area that
violates City Code and would need to be relocated or removed. At that time, he met with staff to
determine his options. Staff advised him that his only option at this point other than to relocate
Plovanich VAR-13-003 PAGE 2
or remove the shed is to apply for a variance. The applicant applied and was granted a fee waiver
from Council on June 18, 2013 for the subject variance application.
Staff has discussed this issue with the Fire Department and they do not feel there is a public
safety issue in allowing the shed to remain in its current location.
The shed does not currently have gutters so drainage from the shed falls on the neighboring
property. The applicant agrees to install gutters on the shed which will drain on his property if
Council approves the variance request.
In order to grant a variance, the Council needs to make the following findings:
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 based on comments from the Fire Department, Staff finds
granting the variance would grant a right or special privilege to the applicant that is not
otherwise allowed. 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
B. Required Findings from the Unified Development Code
Plovanich VAR-13-003 PAGE 3
A. Drawings
1. Vicinity Map
Exhibit A -1-
2. Pictures of Accessory Building
Exhibit A -2-
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-SB-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 accessory buildings are not allowed to be placed
within required side yards.
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 and. See Section
VIII Analysis for more information.
Exhibit B -1-