Findings - CC - 1998 - V-3-98 - Decrease Rear Setback From 20' To 2'/More
B.
C.
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR)
A VARIANCE TO DECREASE THE REQUIRED )
REAR YARD SETBACK OF AN EXISTING )
BUILDING FROM 20-FEET TO 2-FEET AND THE)
PROPOSED ADDITION FROM 20-FEET TO 8-FEET )
FOR THE EAGLE FIRE DEPARTMENT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER V -3-98
The above-entitled variance application came before the Eagle City Council for their action on
December IS, 1998. The Eagle City Council 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:
The Eagle Fire Department, represented by Rocky Towle with Design Resources
Architects, is requesting City approval of a variance to decrease the rear yard
setback of the existing building from 20-feet to 2-feet and the proposed addition
from 20-feet to 8-feet and increase the maximum front setback from 25-feet to 51-
feet. The O.54-acre site is located on the south side of W. State Street
approximately 400-feet west of Eagle Road at 149 W. State Street.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on August 21,
1998.
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 October 14, 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 October 16, 1998.
Requests for agencies' reviews were transmitted on September 4, 1998, in
accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the City Council was published
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in accordance for requirements of Title 67, Chapter 65, Idaho Code and the
Eagle City ordinances on November 18, 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 November 23, 1998.
D.
HISTORY OF PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: Design Review (DR-33-98)
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA nON
Existing Central Business District CBD (Central Business District) Eagle Fire Station! Existing
Vacant House
Proposed No Change No Change Office Addition
North of site Central Business District CBD (Central Business District) Commercial Business
South of site Central Business District R-4 (Residential) Residence
East of site Central Business District CBD (Central Business District) Commercial Business
West of site Central Business District CBD (Central Business District) Proposed Medical Clinic
G.
DESIGN REVIEW OVERLAY DISTRICT: TDA (Transitional Development Area).
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H.
SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.54-acres 0.0 I-acre (500 sq. ft.) (minimum)
Percentage of Site Devoted to 41.6% 20% (minimum)
Building Coverage 85% (maximum)
Percentage of Site Devoted to 11.5% 10% (minimum)
Landscaping
Number of Parking Spaces 17 *** 39
Front Setback 51-feet IO-feet (minimum)
25-feet (maximum)
Rear Setback 2- feet (existing building) 20-feet (minimum)
80S-feet (addition)
Side Setback (east) IO-feet IO-feet (maximum)
Side Setback (west) 9-feet 10-feet (maximum)
*** Total of 39 spaces with 13 spaces for all floor area excluding training room (includes bays, offices,
bedrooms, kitchen, etc.) and 26 spaces for training room based upon the number of chairs (104) that could
be accommodated by the size of the room (per Eagle City Code). The resulting number of chairs for the
training room is consistent with the attached Statesman article dated March 16, 1998.
Per Eagle City Code the Zoning Administrator can reduce the number by 20%, which would be to 31
spaces, any additional reduction needs City Council approval of a Conditional Use permit per ECC 8-4-4-
3 (A) (7)
I.
EAGLE CITY CODE FOR WHICH THE VARIANCE IS BEING REQUESTED:
. Section 8-2A-6 (C)(3)(a)(b)
Setbacks And Lot Coverage: Front building setbacks from the property line shall
be a minimum of ten feet (10') to a maximum of twenty five feet (25'). Side
building setbacks may be zero feet (0') so as to tie into adjoining structures or ten
feet (10') maximum where ties to adjoining structures are not desirable.
.
Section 8-3-3 (D)
Side And Rear Yards For Nonresidential Uses Abutting Residential Districts:
Nonresidential buildings or uses shall not be located nor conducted closer than
forty feet (40') to any lot line of a residential district; except that the minimum
yard requirements may be reduced to fifty percent (50%) of the requirement if
acceptable landscaping or screening approved by the Council is provided. Such
screening shall be a masonry or solid fence between four and eight feet (4' to 8') in
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L.
M.
N.
height, maintained in good condition and free of all advertising or other signs.
Landscaping provided in lieu of such wall or fence shall consist of a strip of land
not less than twenty feet (20') in width planted with an evergreen hedge or dense
planting of evergreen shrubs not less than four feet (4') in height at the time of
planting.
J.
EAGLE CITY CODE SECTION 8-1-2, "RULES AND DEFINITIONS" - "VARIANCE"
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
adjoining the parcel under consideration.
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE VARIANCE:
See attached letter dated August 7, 1998, from Rocky Towle.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached.
Comments which appear to be of special concern are noted below:
No concerns regarding setbacks were raised.
LETTERS FROM THE PUBLIC:
Letter from Walter Drewry in favor of the construction as proposed by the Fire
Department.
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O.
REQUIRED FINDINGS FOR APPROVAL OF A VARIANCE:
Eagle City Code Section 8-7-4-2 (8) (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
REGARDING THIS PROPOSAL: (None)
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
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Noted in above findings.
C.
DISCUSSION:
. The existing building is a non-conforming use because it also does not comply with
current setback regulations. The applicant has submitted this application requesting
that a variance be granted regarding the setbacks for both structures due to the
necessity that the emergency facility needs to be set back from the fronting road
(State Street) as far as possible for the wide visibility needed to enhance safety when
leaving the building on emergency response calls.
. Staff has 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 building setbacks of the proposed and
existing building should be at a maximum distance from State Street because fire
trucks leaving on alarms will thereby have the greatest field of vision to oncoming
traffic and pedestrians and drivers and pedestrians will also have better visibility of
the oncoming emergency vehicle.;
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 setback limitation on this facility could cause safety problems
for the fire department and other properties owners in the same district would have
the right to have safety issues addressed for their business also regarding
interpretations of the provisions of this Title;
c) Special conditions and circumstances do not result from the actions of the
applicant since the need for Fire and Emergency services are not created by the
applicant by created by the need of the overall community and location Fire and
Emergency service facilities should be as the fire and emergency service officials
determine are best for the protection of life and property; 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 any other comparable safety concern would be addressed similarly.
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.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
November 2, 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 3 to 0 (Moser and Trent abstained) to recommended approval of
V-3-98 for a variance with the conditions of approval within their Findings Of Fact And
Conclusions Of Law document dated November 23, 1998.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the Council on December 15, 1998, at
which time testimony was taken and the public hearing was closed. The Council took their
action at that time.
B. Oral testimony in opposition to the applicant's request was presented by no one before the
Council.
C. Oral testimony in favor of the application was presented by no one before the Council.
COUNCIL DECISION:
The Council voted 3 to 0 (Guerber abstained) to approve V -3-98 for a variance with the
following site specific condition of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
l. A 2-foot minimum rear yard setback for the existing facility is hereby permitted.
2. An 8-foot minimum rear yard setback for the proposed addition is hereby permitted.
3. A 51-foot maximum front yard setback for both facilities is hereby permitted.
4. Provide an additional 14 parking spaces (31 total), or propose a shared parking facility to be
in accordance with Eagle City Code, or obtain City Council approval of a Conditional Use
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permit for a parking reduction over 20% per ECC 8-4-4-3 (A) (7).
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on August 21, 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 October 14, 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 October
16, 1998.
Notice of Public Hearing on the application for the City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on November 18, 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 November 23,
1998.
3. The Council reviewed the particular facts and circumstances of the proposed variance (V -3-
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 building setbacks of the proposed and
existing building should be at a maximum distance from State Street because fire
trucks leaving on alarms will thereby have the greatest field of vision to oncoming
traffic and pedestrians and drivers and pedestrians will also have better visibility of
the oncoming emergency vehicle.;
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 setback limitation on this facility could cause safety problems
for the fire department and other properties owners in the same district would have
the right to have safety issues addressed for their business also regarding
interpretations of the provisions of this Title;
c) Special conditions and circumstances do not result from the actions of the
applicant since the need for Fire and Emergency services are not created by the
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applicant but created by the need of the overall community and location Fire and
Emergency service facilities should be as the fire and emergency service officials
determine are best for the protection of life and property; 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 any other comparable safety concern would be addressed similarly.
DATED this 12th day of January, 1999.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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