Findings - PZ - 1998 - V-1-98 - Decrease Minimum 20% Lot Coverage/435 S. Eagle Rd
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A VARIANCE FOR A REDUCTION OF THE
MINIMUM LOT COVERAGE REQUIREMENT,
FROM 20% TO APPROXIMATELY 12.7% FOR
ZAMZOW'S COMPANY
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER V -1-98
The above-entitled variance application came before the Eagle Planning and Zoning Commission
for their recoIIU?endation on June 15, 1998. The Eagle Planning and Zoning Commission
having heard and taken oral and written testimony, and having duly considered the matter, makes
the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
Zamzow's, represented by BRS Architects, is requesting a variance to decrease
the minimum 20% lot coverage required for the 2.43-acre site located on the
northwest comer of State Highway 44 and S. Eagle Road at 435 S. Eagle Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on May 14, 1998.
C.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter
65, Idaho Code and the Eagle City ordinances on May 29, 1998. Notice of this
public hearing was mailed to property owners within three-hundred feet (300-feet)
of the subject property in accordance with the requirements of Title 67, Chapter
65, Idaho Code and Eagle City Code on May 29, 1998. Requests for agencies'
reviews were transmitted on May 15, 1998 in accordance with the requirements of
the Eagle City Code.
D.
HISTORY OF PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: Rezone (RZ-4-98) & Conditional Use (CU-1-98)
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business C-l (Neighborhood Vacant
District & Publici Business District) & CBD
Semi-Public (Central Business District
- if approved)
Proposed No Change No change Bank with drive-thru and
a Zamzow's retail store
North of site Central Business R-4 (Residential) Residences
District
South of site Publici Semi-Public C-l (Neighborhood State Highway 44 and
and commercial Business District) Channel Center
Commercial subdivision
East of site Central Business CBD-DA (Central Albertson's with non-
District & Publici Business District with conforming fuel island
Semi -Public Development Agreement) and vacant land
& A (Agriculture)
West of site Central Business R-4 (Residential) Vacanti Residences
District & Medium
Density Residential (4-
units per acre
maximum)
G.
DESIGN REVIEW OVERLAY DISTRICT: CEDA (Community Entry Development
Area).
H.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 2.43-acres .05-acres (minimum)
Percentage of Site Devoted 12.7% 20% (minimum)
to Building Coverage
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I.
EAGLE CITY CODE FOR WHICH THE V ARIANCE IS BEING REQUESTED:
Section 8- 2A -6 (D(3)( d) "Lot coverage by the footprint of the structure shall be a
minimum of twenty percent (20%) and a maximum of eighty five percent (85%)
in which case off-site parking shall be provided for."
J.
EAGLE CITY CODE SECTION 8-1-2, "RULES AND DEFINITIONS" - "VARIANCE"
A modification of the requirements of this Title (ritle 8) as to the lot size, lot
coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space,
height of buildings or other provision of this title (ritle 8) affecting the size or
shape of a structure or the placement of the structure upon lots, or the size of the
lots. A variance shall not be considered a right or a special privilege, but may be
granted to an applicant onlv upon a showing of undue hardship because of
characteristics of the site and that the variance is not in conflict with the public
interest.
K.
IDAHO CODE TITLE 67-6516, "VARIANCE - DEFINITION - APPLICATION -
NOTICE - HEARING"
Each governing board shall provide as part of th zoning ordinance for the
processing or applications for variance permits. A variance is a modification of
the requirements of the ordinance as to lot size, lot coverage, width, depth, front
yard, side yard, rear yard, setbacks, parking space, height of buildings, or other
ordinance provision affecting the size or shape of a structure or the placement of
the structure upon lots, or the size of lots. A variance shall not be considered a
right or a special privilege, but may be granted to an applicant only upon a
showing of undue hardship because of characteristics of the site and that the
variance is not in conflict with the public interest. Prior to granting a variance,
notice and an opportunity to be heard shall be provided to property owners
adjoining the parcel under consideration.
L.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE VARIANCE:
Need to preserve existing trees, odd lot shape due to Ballantine Canal, and
proposed drive-thru lane for bank needing land area where building could have
been- see attached letter from Billy Ray Strite dated April 28, 1998
M.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to
the rezone staff report (RZ-4-98). Comments which appear to be of special
concern are noted below:
Ada County Highway District
Central District Health
Eagle Fire District
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Eagle Sewer District
N.
LETTERS FROM THE PUBLIC: None received to date.
O.
REQUIRED FINDINGS FOR APPROV AL OF A VARIANCE:
Eagle City Code Section 8-7-4-2 (B) (4):
a) That special conditions and circumstances exist which are peculiar to the land,
structure or building involved and which are not applicable to other lands, structures
or buildings in the same district;
b) That a literal interpretation of the provisions of this Title would deprive the applicant
of rights commonly enjoyed by other properties in the same district under the terms of
this Title;
c) That special conditions and circumstances do not result from the actions of the
applicant; and
d) That granting the variance requested will not confer on the applicant any special
privilege that is denied by this Title to other lands, structures or buildings in the same
district.
A variance shall not be granted unless the Council makes specific findings of fact based
directly on the particular evidence presented to it which support conclusions that the
above-mentioned standards and conditions have met by the applicant. (Ord. 40, 10-1978,
rev. 9-1980)
Eagle City Code 8-7-4-4 (B)
Upon granting or denying an application, the Council shall specify:
1. The ordinance and standards used in evaluating the application;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant could take to obtain a variance. (Ord. 270, 5-
29-1996)
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT
A.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
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REGARDING THIS PROPOSAL:
.
SPECIAL AREAS OR SITES - POLICIES & GOALS
#4. To preserve existing trees and natural growth wherever practicable and
establish appropriate landscaping as a part of new developments.
.
NATURAL RESOURCESICOMMUNITY DESIGN - EAGLE TREE PLAN
Goal: Establish and enhance areas of tree growth that will create beauty, add to a
healthy environment and increase economic stability.
#2.
To create an urban forest that will help reduce air and noise
pollution, conserve water and reduce soil erosion, assist in
modifying the local climate, increase property values, and
improve Eagle's economy by providing a pleasant and more
comfortable place to shop and live.
To encourage economic growth by establishing a more
inviting atmosphere for locations of business.
Objectives:
#1.
.
AIR QUALITY - POLICY AND GOALS:
#5.
To establish and enhance areas of tree growth by creating an urban forest
that will help reduce air pollution.
.
COMPREHENSIVE PLAN LAND USE MAP
Shows portion of this property to be public/semi public.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. Eagle City Code Section 8-2A-7(C) (1) Existing Vegetation: Retention Of Existing
Trees: states in part. "Existing trees shall be retained unless removal is approved in
writing by the City."
. Eagle City Code Section 8-2A-6 (D(3)(d) "Lot coverage by the footprint of the
structure shall be a minimum of twenty percent (20%) and a maximum of eighty five
percent (85%) in which case off-site parking shall be provided for."
C.
DISCUSSION:
. The proposal for a drive-thru does not meet the criteria for justification of a variance
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since it is not a special condition/circumstance peculiar to this site. However, there are
three special conditionslcircumstances peculiar to this site that staff believes warrant a
reduction in the minimum lot coverage. Those are:
1. A constrained, odd shaped area at the west end of the parcel;
2. An area needed for preservation of existing trees; and
3. An area shown on Comprehensive Plan to be PubliclSemi Public -landscape area-.
These areas, and calculations leading to staff s recommended lot coverage reduction, are
shown on Exhibit "A" attached to this staff report.
Staff recommends a reduction of the minimum required lot coverage from 20% to 13 %.
(This would require 13,700 square feet of building.) There is sufficient room on the
property for 13,700 square feet of building and 55 parking spaces that would be
required at a ratio of one space per 250 square feet.
Depending on how the site is laid out, the property might not be able to accommodate a
drive-thru facility. In any case, approval or denial of such a use is not the subject of this
application but would be the subject of a separate conditional use and/or design review
application.
.
Other than the landscape area shown on Comprehensive Plan to be PubliclSemi Public
as depicted on Exhibit "A" attached, the remaining bufferllandscape area along the
Alternate Route (approximately 50-feet in width) should be determined upon review
of any Design Review and/or Conditional Use permit application for this site.
A pathway extending west from Eagle Road in this location is not practical because
there are existing residential developments to the west which would block the
pathway. There is a pathway on the south side of the alternate route in this location.
Since the landscape/buffer area along the alternate route was planned for a pathway,
as well as a landscape/buffer area, staff believes that the width should be reduced
upon review of any development proposed for this site since the pathway is not
feasible.
. Staffhas reviewed the particular facts and circumstances of this proposed variance and,
in terms of Eagle City Code Section 8-7-4-2 (B) (4) (a, b, c, & d) (required findings
for approval of a variance), has made the following conclusions:
a) Special conditions and circumstances exist which are peculiar to the land
involved, and which are not applicable to other lands in the same district because,
there is a constrained, odd shaped area at the west end of the parcel, there is a large area
needed for preservation of existing trees; and there is an area shown on Comprehensive
Plan to be Public/Semi Public -landscape area-;
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needed for preservation of existing trees; and there is an area shown on Comprehensive
Plan to be Public/Semi Public -landscape area-;
b) A literal interpretation of the provisions of this Title would deprive the applicant
of rights commonly enjoyed by other properties in the same district under the terms of
this Title because it is doubtful that any other properties in this district have the three
special and specific site conditions and circumstances which are noted in finding "a"
above;
c) Special conditions and circumstances do not result from the actions of the
applicant since the applicant did not cause the lot to be oddly shaped, since the trees
have been at this site for years, and since the publiclsemi public area at the southeast
comer of the site is required by the City's Comprehensive Plan and was not a
proposal by the applicant. (NOTE: This finding could not be met if the justification
for the variance was based on the applicants proposal for a drive-thru facility); and
d) Granting the variance requested will not confer on the applicant any special
privilege that is denied by this Title to other lands, structures or buildings in the same
district because, if the same circumstances existed at another site, the applicant for
development of that site would most likely be granted the same privilege depending
on the particular circumstances of the application.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date staff recommends approval of a
reduction of the minimum lot coverage requirement with the conditions provided within
the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
June 15, 1998, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in opposition to the applicant's request to not comply with the land use map
requirement for public/semi public space at the southeast comer of the site was presented by
three individuals before the Planning and Zoning Commission. They voiced concerns
regarding the City adhering to their requirements for the on-site landscaping and green space
required by the Comprehensive Plan. They felt that the integrity of the landscaping would be
compromised if the publici semi-public space required by the Comprehensive Plan was
decreased due to landscaping being proposed off-site within the right-of-way. They stated
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that there would be a lack of control by the City to keep the off-site landscaping that would
be in the right-of-way.
C. Oral testimony in favor of the application was presented by no one before the Planning and
Zoning Commission
COMMISSION DECISION:
The Commission voted 5 to 0 to recommended approval of V -1-98 for a variance to
decrease the minimum required lot coverage from 20% with the following site specific
conditions of approval. Text shown with strike-thru was deleted from staffs
recommendations and text shown with underline was added to staffs recommendations.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. A reduction from the 20% minimum lot coverage required to 13% is granted. The square
footage for building(s) at this site shall total a minimum of 13,700 square feet.
2. No land use is approved with this application. Separate Design Review and/or Conditional
Use permit applications will be required for any proposed buildingslland uses.
3. A landscaped area, generally as shown attached Exhibit "A", shall be provided at the existing
trees shown the Exhibit and the trees shall be preserved.
4. .^. lanàseaf>eà area, afJfJrmdmately 11,000 S~l:1are feet ia size, saan Be fJreviàeà 'lIitæa the
area saøvVÐ. ea tRe CøHlfreae!Dsive Plan as Pl:1èlie/Seæi Pl:1èlie (mere sfJeeifieally as Saø'.'.1B ØD
attaelleà EJdiiBit ".^..").
5. OtRef tRaB tRe laBàseafJe area reE}Hireà as aøteà ÌR site Sf)eeifie eøaàiâøa #4 abeve ~Ihe width
of the remaining bufferllandscape area along the Alternate Route (shown on the
Comprehensive Plan as approximately 50-feet in width) shall be àeteræiaeà 1:If)øa r0>lÌew øf
aÐ.Y Desiga Re'/Ïe\': aBàfør Cøaàitiøaal Use permit afJ13lieatiea fer this site a minimum of 20-
feet in width.
6. Compliance with any applicable Eagle City Codes and/or Comprehensive Plan provisions
will be required at the time an application is submitted for any buildingsluses for the
property.
7. Provide a license agreement, approved by ITD and/or ACHD, allowing the right-of-way
between this site and the edge of pavement along State Highway 44 and Eagle Road to be
landscaped.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on May 14, 1998.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission
was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the
Eagle City ordinances on May 29, 1998. Notice of this public hearing was mailed to
property owners within three-hundred feet (300-feet) of the subject property in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on May 29,
1998. Requests for agencies' reviews were transmitted on May 15, 1998 in accordance with
the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of the proposed variance
(V-1-98) in terms of Eagle City Code Section 8-7-4-2 (B) (4), "Required findings for
approval of a variance" and has concluded that:
a) Special conditions and circumstances exist which are peculiar to the land
involved, and which are not applicable to other lands in the same district because,
there is a constrained, odd shaped area at the west end of the parcel, there is a large area
needed for preservation of existing trees, and there is a IS-foot wide no-build easement
along the buried Ballantyne Irrigation Company pipe along the north property line of
the site;
b) A literal interpretation of the provisions of this Title would deprive the applicant
of rights commonly enjoyed by other properties in the same district under the terms of
this Title because the three special and specific site conditions and circumstances,
which are noted in finding "a" above, are a hardship to this site and are not likely to
be occurring on other sites in this district;
c) Special conditions and circumstances do not result from the actions of the
applicant since the applicant did not cause the lot to be oddly shaped, since the trees
have been at this site for years, and since the Ballantyne Company easement has also
been at this site for years. (NOTE: This finding could not be met ifthe justification
for the variance was based on the aP9licants 1;Jroposal for a drive-thru facility); and
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d) Granting the variance requested will not confer on the applicant any special
privilege that is denied by this Title to other lands, structures or buildings in the same
district because, if the same circumstances existed at another site, the applicant for
development of that site would most likely be granted the same privilege depending
on the particular circumstances of the application.
DATED this 29th day of June, 1998.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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