Findings - PZ - 1998 - V-2-98 - Decrease Front Yard Setback From 20-15 Ft/.69 Acre/2196 Elliott St.
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A V ARIANCE TO DECREASE THE REQUIRED
FRONT YARD SETBACK OF AN EXISTING
TRAILER FROM 20-FEET TO IS-FEET FOR
MARY ANN DALTON
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER V -2-98
The above-entitled variance application came before the Eagle Planning and Zoning Commission
for their recommendation on September 28, 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.
B.
PROJECT SUMMARY:
Mary Ann Dalton, represented by Darren Leavitt with Arrow Land Surveying, is
requesting City approval of a variance to decrease the required front yard setback
of an existing house from 20-feet to IS-feet. The 0.69-acre site located on the
southeast comer of Syringa Street and Elliot Street at 2196 Elliot Street.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on August 18,
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 September 9, 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 September 10, 1998.
D.
HISTORY OF PREVIOUS ACTIONS:
On July 28, 1998, the Eagle City Council approved (with conditions) a lot split for
this site. One of the conditions was for the applicant to obtain a variance for the
front yard setback for the existing trailer.
E.
COMPANION APPLICATIONS: LS-3-98 (lot split)
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Medium Density R-4 (residential) Residence
Residential (four units
per acre maximum)
Proposed No Change No Change Residence
North of site Medium Density R-4 (residential) Residences
Residential (four units
per acre maximum)
South of site Medium Density R-4 (residential) Residences
Residential (four units
per acre maximum)
East of site Medium Density R-4 (residential) Residences
Residential (four units
per acre maximum)
West of site Medium Density R-4 (residential) Residences
Residential (four units
per acre maximum)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
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H.
I.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 0.69-acre 0.18-acre (8,000 sq. ft.)
Percentage of Site Devoted to 10.8% (approx.) 40% (maximum)
Building Coverage
Front Setback IS-feet 20-feet (minimum)
Rear Setback 50-feet 25-feet (minimum)
Side Setback (north) 60-feet 20-feet (minimum)
Side Setback (south) 115-feet 7.5-feet(rninirnum)
EAGLE CITY CODE FOR WHICH THE V ARIANCE IS BEING REQUESTED:
Section 8-2-4 states in part that the minimum front yard setback in an R-4 zone is
20-feet.
J.
EAGLE CITY CODE SECTION 8-1-2, "RULES AND DEFINITIONS" - "V ARIANCE"
A modification of the requirements of this Title (Title 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 (Title 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 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.
K.
IDAHO CODE TITLE 67-6516, "VARIANCE - DEFINITION - APPLICATION -
NOTICE - HEARING"
Each governing board shall provide as part of the 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
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adjoining the parcel under consideration.
L.
APPLICANT'S STATEMENT OF JUSTIFICA nON FOR THE VARIANCE:
"The variance is requested due to the minimum setback requirement violation.
The existing house sets 15 feet from the street instead of the required 20 feet.
This situation has existed since before it fell under current City ordinances. This
condition is peculiar to this property and allowing the variance would allow the
applicant to enjoy the rights of other properties in this same area. It would also
appear that no special condition would result from this action and that granting the
variance would not confer any special privileges on the applicant."
M.
AGENCY RESPONSES: None received to date.
N.
LETTERS FROM THE PUBLIC: None received to date.
O.
REQUIRED FINDINGS FOR APPROVAL 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:
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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 PROVIDE WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. Eagle City Code Section 8-2-4 states in part that the minimum front yard setback in
an R-4 zone is 20-feet.
C.
DISCUSSION:
.
The mobile home was most likely installed in accordance with Ada County Code at the
time it was placed on the property. The property has since been annexed into the City
of Eagle which currently has a setback requirement of 20- feet from the front property
line (the mobile home is set back IS-feet). Although the site may have a grandfathered
right to be IS-feet, that grandfathered right is lost upon proposed development. In this
case the applicant has requested a lot split to add another unit to the non-conforming
property, therefore resulting in the need for a variance.
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,
structure or building involved and which are not applicable to other lands, structures
or buildings in the same district because the structure located upon the property is an
existing moveable mobile home, and since it is movable the required 20-foot setback
will be adhered to when a permanent structure is constructed upon the site or when
the trailer is replaced;
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
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this Title because this variance was triggered by the request for a lot split and other lot
splits have been approved for other properties in the same district and further because
code compliance can easily be obtained in the future since the trailer is not a
permanent structure and since a condition herein limits the variance to the existing
trailer;
c) Special conditions and circumstances do not result from the actions of the
applicant since the structure has been at this site for years (previously in Ada County),
and since the 20- foot minimum setback is required by Eagle City Code and was not a
proposal by the applicant.
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 a
lot split 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 site
specific conditions of approval 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
September 28, 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 was presented by no one before the
Planning and Zoning Commission.
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 -2-98 for a variance with
the following site specific condition of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The front setback variance to IS-feet is approved for the existing trailer only. Replacement
or removal of the existing trailer will result in the Eagle City Code regarding setbacks, in
effect at the time of replacement or removal, needing to be complied with.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on August 18, 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 September 9, 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
September 10, 1998.
3. The Commission reviewed the particular facts and circumstances of the proposed variance
(V-2-98) 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,
structure or building involved and which are not applicable to other lands, structures
or buildings in the same district because the structure located upon the property is an
existing moveable mobile home, and since it is movable the required 20-foot setback
will be adhered to when a permanent structure is constructed upon the site or when
the trailer is replaced;
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 this variance was triggered by the request for a lot split and other lot
splits have been approved for other properties in the same district and further because
code compliance can easily be obtained in the future since the trailer is not a
permanent structure and since a condition herein limits the variance to the existing
trailer;
c) Special conditions and circumstances do not result from the actions of the
applicant since the structure has been at this site for years (previously in Ada County),
and since the 20- foot minimum setback is required by Eagle City Code and was not a
proposal by the applicant.
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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 a
lot split of that site would most likely be granted the same privilege depending on the
particular circumstances of the application.
DATED this 5th day of October, 1998.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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