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Applicant Response to Staff Report PZCONGER MANAGEMENT GROUP February 15, 2014 City of Meridian -Planning and Zoning Department Bill Parsons 33 E. Broadway Ave. Meridian, ID 83642 Re: ZOA-14-001: UDC Text Amendment Dear Mr. Parsons, We are in receipt of the Staff Report for this UDC Text Amendment that recommends approval of the reduced side yard setbacks in an R15 zone. Our only dispute would be with "Section UDC 11-2A-3D Encroachment Allowed in Any Setback". We respectfully disagree with the recommended condition that no encroachments would be allowed in the R15 Zone with setbacks less than 5 feet. As we understand it, the basis of this recommendation is that Staff believes the administration of encroachments would be difficult. We have discussed this issue internally and believe that there is an easy approach to allowing these encroachments with the text amendment and it is as follows: - Encroachment in an R15 Zone with side yard setbacks less than 5 feet shall be allowed with a maximum encroachment of 1 foot. The reasoning and support of this encroachment condition is as follows: The maximum 1 foot encroachment would be part of the UDC and would be simple for staff to review and approve during the building permit process. This would eliminate staff's concern that the administration would be difficult. The current code allows fora 2 foot encroachment with a side yard setback of 5 feet that typically has a fence on that lot line. The allowable "access space" is 3 feet per the current code requirements. With the reduced setback not allowing side yard fencing, the proposed allowable "access space" would be 4 feet (6' between structures less the two 1' encroachments). In this proposal we would be increasing the "access space" from 3 feet to 4 feet. One final note is that we would like to correct the Applicant's (Tahoe Homes) noticing address. This address should be 1979 N. Locust Grove, Meridian 83646. We apologize for placing this incorrectly on the application form. In summary, we request that the conditions of approval be modified to allow for a maximum 1 foot encroachment with the UDC Text Amendment. Thank you for your consideration on this matter, please contact me with any questions at 208-713-2527. Sincerely, ~'~~~/ Jim D. Conger President JDC/dj