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Plovanich VAR-13-003
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW ANll DECISION & ORDER ~E IDIAN- In the Matter of the Request for a Variance to UDC 11-2A-3D.3, which Prohibits Accessory Structures fi•om Encroaching into the Required Side Yard, to Allow an Accessory Structure to Encroach into the Required Side Yard of the Property Located at 983 E. Tuweep Street, by John Plovanich. Case No(s). VAR-13-003 Fot• the City Council Heating llate of: July 23, 2013 (Findings on August 20, 2013) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 23, 2013, incorporated by refereJce} 2. Process Facts (see attached Staff Repot•t for the hearing date of July 23, 2013, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 23, 2013, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Keport for the hearing date of July 23, 2013, incorporated by reference) B. Conclusions of Law I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps tl}ereof. The City of Meridian has, by ordinance, established the hnpact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I 1-SA. 4. Due consideration has been given to the comments} received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OI-' FACT, CONCLiJSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-13-003 6. That the City has granted au order of approval iu accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and airy affected patty requesting notice. 7. That this approval is subject to the provisions in the attached Staff Repot•t for the hearing date of July 23, 2013, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City CounciFs authority as provided in Meridian City Code § 1 1-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: ] . The applicant's request for a variance is hereby conditionally approved per the provisions in the attached Staff Report far the hearing date of July 23, 2013, attached as Exhibit A. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writutg, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A regnest for a regulatory takings analysis will toll the time period withht which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, arty affected person being a person who has au interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of July 23, 2013 CITY OF MERIDIAN FINDINGS OP FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S). VAR-13-003 -2- By action of the City Council at its regular meeting held on the ~ day of ~p/J , 2013. COUNCIL, PRESIDENT BRAD HOAGLUN COUNCIL VICE PRESIDENT CHARLIE ROUNTREE COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: aycee ~Ic~lman, City Clerk Copy served upon Applicant, The VOTED VOTED VOTED~.F/`- VOTED VOTED ~ ~'/~ Mayor Ta y e Weerd ~t ~'.a,av,, o~~ 4sr r L ~l I9 C ~~ „~ (Z ~ City n:' ~/, E II~~AN ~ IDAHO ~, SEAL ti~ ~TfA~~~hr TRF ASuR6~P Public Works Department and City Attorney. B Dated: ~ ~ 1 ~ ( ~ Ci ' ler 's'Of e 4 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-13-003 -3- EXHIBIT A STAFF 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~-- I. SUMMARY DI!JSCRIPTION OF APPLICANT'S REQUIJST The applicant, John Plovanich, requests approval of a variance to UDC 1 ] -2A-3D•3, which prohibits accessory structures fi•om encroaching into the required side yard, See Seclicm VIIIA~aalysis fnr more T77f01 •JI1 C11101?. II. SUMMARY RI'JCOMMENDATION Staff finds that the request for a variance does not meet all of the findings criteria regttu•ed in the UDC in order for the City Council to grant a variance (see Exhibit B for the required variance findings}. Therefore, Staf f recommends denial of the subject Variance application for the reasons stated herein. .a: Swnmaty of City Council Public Hearin s in favor John Plovanich ii. I t onnosifton: None iii. ~ommentin~: None » Written testimony: None ~ taff presenting application: Sonva Wafters Yi. Other staff comrnentin~ on anplication• Bruce C'hattcrton ~, rev Issues of Discussion by Council: i. Possible remedies for the situation including monetary cor variance. e. i ev Council Chan es to Staff Recommendatio i. Council approved the variance request ba ed on the findin s tated at the hearin and included in IJlhibit I3 with the provision the applicant install rain utters on the shed. III. PROPOSIJD MOTIONS llenial After considering all staff, applicant, and public testimony, 1 move to decry 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.)1 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 )~ile Number VAR-13- 003 to the hearing date of (date certain) for the following reason(s): (you should state specific Plava~lich VAR-t3-003 PAGE EXHIBIT A reason(s) for continuance.) Approval After considering all staff, applicant, and public testimony, I move to approve Fi]e Number VAR- 13-003 as presented during the hearing on July 23, 2013, with the following changes: (insert any changes here). I fiuther 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. Tnweep Sheet, in the northeast Yn of Section 31, Township 4 North, Range I East b. Owner: John Plovanich 983 E. Tuweep Street Meridian, ID 83642 c. Applicant: Same as owner d. ApplicauPs Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS a. The subject application is fot• variance. A public hearing is required before the City Cormcil on this matter, consistent with Meridian City Code Title I1, Chapter 5. b. Newspaper notifications published on: July 1, and 15, 2013 c. Radius notices mailed to properties within 300 feet on: Jrme 20, 2013 d. Applicant posted notice on site by: July 13, 2013 VL LAND USE a. Existing Land Use(s): The existing use of this property is asingle-family residential home. b. Description of Character of Surrounding Atea: The surrounding area consists primarily of existing commercial uses & property zoned for fiifire 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: I I-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 aecessow building be allowed in the street vard or the required side] and " Per UDC 1 I-lA-1, side yard is defined as follows: "An area extending from the sU•eet yard to the rear yard between the interior side property line and the nearest line of the principal Plovaaich VAR-13-003 pAQ~ 2 EXHIBIT A 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 carne into the Community Development Departtneot to obtain a building permit for a small shed. He was told that he would not need a permit to consh'uct 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 property (see pichu~es in Exhibit B). The applicant also obtained approval for the shed from the Copper Basin Homeowners Association architectural committee. hi 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 pohrt other than to relocate 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 sited does not currently have gutters so drainage from the shed falls ou the neighboring property. The applicant agrees to install gutters on the shed which will drahi on his property if Council approves the variance request. 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, mid 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 Depmrtment, Staff finds granting the variance mould grant a right or special privilege to the applicant that is not otherwise allowed. Further, staff finds there m•e no characteristics of the site that would prevent compliance with the subject UDC requirement. Therefore, staff recommends denial of the subject variance request. IX. T';XHH3ITS A. Drawings ]. Vicinity Map 2. Pictures of Accessory Building B. Required Findings from the Unified Development Code Plovanich VAR-13-003 PAGE 3 EXHIBIT A A. Dl•awings 1. Vicinity Map h~ M LL) .,~ ~ ~ R ~ `D .o f+. p - _ ~ ~ n~"-~ ~~t Ii b in 6 N O ~I .o ~ t~ N ? ~o n n a t O~ .- M -__ ~ b ~ h h ... ^ ~ ~D o. .- co -.~ rp. ~ ?ti.~ ~ R R A M1 ~ ~ ~ M1 ~ ~ v^ R M ~~Y_ .}.' J ~ ~ 4 A ~QQ ~~~ - ._":~~ ~`- r M ~g0 "'o °Op ~ ?~S 'o 4~ ~~~~ r' b ~+ j gb ,°a ~ ti 4278 4257 ~ --S 4260 4215 4254 4255 4242 ~--~ 4232 4237 I 4224 4176/< 4191 ~ 4146 ~~ `4753 f ~~ ~ 41 gg rn rn ~ ~ __ - i ,._ ~- ! t~ O~ "~\ 'ne ,inn ~ ~ ~ ~Q ~~~ IrJ~~', ~1 ~.P y~361: 3775 4300 '~ Op ao /V ^ CO ~ © A N » ~ p , a " ° o _ i ~ b b' ~ CO CO O. rn rn 4133 I a. ~ 4111 a ~ a~ ~.ti 1294 1215 4415 gg I- N ~ I ~ 4379 ~ ~ ~ 7463 ~~ - i 4 334 1404 Exhibit A -1- IIXHIBIT A 2. Pictures of Accessory Building Exhibit A -2- EXHIBIT A B: Required Findings from the llnifed Development Code (Variance) The City Council shall apply the standards listed in Idaho Code G7-6516 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: The City Council finds that granting a variance would not allow a riglrt or special privilege that is not otherwise allowed in the district because an error was made in this case by the City of Meridian in determining where the accessory building was allowed to be constructed. B. The variance relieves an wcdue hardship because of characteristics of the site; The City Council finds because of the pre-ea~isting topography of the site (e.g. sprinkler system, berming, landscaping, etc.), approval of the variance would relieve an undue hardship because of characteristics of the site that were not created by the applicant. C. The variance shall not be detrimental to the public health, safety, and welfare. Based on Fire Departments comments, the City Council does not find that granting the proposed variance would be detrimental to the public health, safety, and/or welfare and. See Section VIIIAnalysis fo~• more information. Exhibit B -I-