Loading...
HomeMy WebLinkAbout92-V-06 Parking Requirements 916 BlaineI,OCK LOT OWN ER MAIL TO ADDRESS (rL: L i ()t) Map ul)dlvislon Deualls Names etc. PROPERTY ADDRESS /- l+oq 3qL artk Po 2sg7 Boro.t- 83lot r?-r I /Tortnct-' C L "ilF"f^rLorta 6oo Srotue-. /v2adre c,/. r/a- ga&'to- C4 ?/fo7D47o /?io ?,r 7/a^;* €*-sa3 8lt',.. -rZ 4oo 9. ro ^{Aor-,o* L €"laonk 04t dr'NnF€,a T 3/?o e C/epuGna( A"ll?Ltcfr N7 ekPo)""J fuU /1er \ E /q Aia da-oL R7tt+t 9f ?r'kg{ 3 0-24 ToAnsao'l,,tlo-, rb irnoc i/a,tdq t |rtLq a /4-/ 4 ,ff tt (/ Procedure for Variances Process of Hearin Complete official request received f-b-qz Review form to departments if applicable Vo /pp q-.?3-qz Legal Publication 15 days prior q -J8-?2 Written notifi-cation to days prior adjacent residents l0 /o- o5-1L Legal notices posted on signs 1 week prior /o- og42_ Staff report for P&Z Lteeting Packets q-30-q2- P&Z Commission Hearinqt /0 -,/E- ?Z- Removal of posted signs /o-/6-q2 Action report /o-/b - q2-- /0-(4-q2--Minutes f j-1ed showing action AppeaL deadline date /o-vo-qz-- &/L '3 B^-tL-I @t* F r@,*f, + - kzu €a , tr-f (= aar4,*'7' <*,'/tz"t*"1-O,?S \rc tD -p 2 ofrio - , G.^- =* \ oil.th,S^. D(,t,-t-:<a\ AV tN4. '.>Q , N 0 lu 71 u /ot 2G)4<E= t>('s-7- L tf .t s^59't, Qot'at L ll+r a a6,itg fi 0dtrroetl 62t CIEVE|AND 8wD. CALDWELL, IDAHO 83605 TBEPHONE (208) 455-3000 FAX (208) 455-SO3 MAYOT JAMES R. DAKAN cnY Glnr BETW JO (EI.I€R PLAI{NING Ar,D ZONING COMMISSION ACTION REFORT Meeti'g of October 15, 1992 WHEREAS, the Planning and Zoning Commission on October 15, 1992, corxidered an application for a variance to reduce the minimum required 38 spaces of parking to 27 spaces at 916 Blaine Street. (Tom Edmark, applicant; Benchmark Construction, agent). WHEREAS the Planning and Zoning Commission, after considering public testimony presented by interested persons and reviewing the particular facts and circumstances associated with the request voted to approve the variance to the parking requirement subject to the following terms and conditions: 1. Not less than 26 off-street parking spaces will be designated in conformance with Section 6-2-1 CMC vyithin 90 days of the approval of this variance. Staff wifl obtain a letter from Key Ban] regarding their opinion on this request. The parkjng arrangements for this block will be reviewed on an annual basis to ascertain ongoing parking availability for the businesses there present. FINDINGS OF FACT/CONO,USIONS OF I,AW: An application for a Variance was properly filed in accordance with the provisions of Section 6-44 of the Municipal Code. The legal requirements were done in accordance with the procedures oudined in Section 644 (C) of the Municipal Code. Legal notice of the Variance application and public hearing was published in the local newspaper. Adjacent property owners were notified of the Variance request and public hearing and notice were posted on the premises not less than one week prior to the public hearing. A public hearing was conducted by the Planning and Zoning Commission in accordance with procedures contained within Section 6-4-5 (C) of the Municipal Code. The Planning and Zoning Commissioq in granting approval of the Variance, concluded that the proposal: COIJTICIL HEIBERS GARFET NANCOLAS Council PlBsident ELAINE CARPENTEB CHUCK HOUCHINS JOHN MUROOCH JACK RAYI,|ONO ADAA' 'OANNY'OZUNA 2 3 1 2- 1 3. 4. I a)will not be contrary to the public interest; will not be in conflict with the spirit and intent of the Compreheruive Plan and will not effect a change in zoning; that there are exceptional or extraordinary circumstances or conditions, applicable to the property which do not apply generally to the property in the district and denial of the relief sought will result in: b) c) i) undue loss in value of the properry;ii) inability to preserve the property rights of the owner;iii) the prevention of reasonable enjoyment of any property right of the owner; in that there is sufEcient space owned by the applicant available to be used as parking which is currently used by the City as a park, and the Commission cited an unwillingness to deprive the citizens of this open green area, in view of the fact that the previous Planning Director felt the 26 parling spaces is sufficient. d)that the granting of such relief will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements of other property owners, or the quiet enjoymeff of such property or improvement. The applicant is advised of his right to appeal the decision of the Planning and Zoning Commission. Written notice of such an appeal shall be filed with the City Clerk within fifteen (15) working days after the decision of the Planning and Zoning Commission. DATE OF APPROVAL :October 75, 1992 Prepared by, Lie Yeary, Planning and Zoning City of Caldwell o 2 oa 1 Tte of6ce trailer must be corurected to the ciry sewer while occupied; 2- 3. 4- This use is authorized until the occupatrcy of a sructure proposed to serve as a permanent office for the business or until October 15, 1993, whichever occurs first; the trailer will be removed within 30 days of occupancy of the perrnanent ofEce; An exteruion of time for this per:rrit must be authorized by the Commission; The location of the ofEce trailer will not be doser \en 20 feet from the front property line and not closer than 5 feet to auy other property line. Furtherrrore, the Commission noted that the temporary placement of the mobile home was granted to accommodate the applicant in a b.udship situatioo. Ms. Earl seconded the motion which passed unanimousiy. ? < -Z_ , ry, , 1aZ_ The final public hearing was in regard to a nariance application reducing the required pa*ing from 35 to 27 spaces in a C-2 (Community Commercial) zoning district; applicant, Thomas Edmarlc In Slving some background material regarding the lack of spaces, Ms. Yeary said Jim Blizzard,, the previous Planning and Zoning Director had evaluated the parking and deemed - the variance necessari.- However, he also considered tbat if oae evahrated all the businesses (apart from the ba::k) as operating under one ownership, there is suffi.cient total pa*ing. Greg Brown, Benchmark Constructiorl appeared on behalf of the applicant and advised the Commission that this request has a special condition in that there is adequate area for parking but that the Ciry is in agreement with Mr. Edmark to use part of his property for a Ciry park (the landscaped area), which cuts down somewhat on ttre parking availability. If the Commission did not feel there was adequate parking with the 27 spaca designated, the applicant will rcmone tbe landscaped par* in order to conply, I.o response to a question from Commissiorer F,rl, staff replied that the Bank had called to voice no objection to the request. The Commission rcquested statr c.onEct \e bank to sltain \is infomatioo in urdting. The Commission also asked for a yedy review to consider the parking situation. Commissioner Frye questioned the uumber of pa'lohg spaces if handicap@ q)aces are induded but staff confirmed that this was taken hto account when the parkjng spaces were calcr:lated. The difference between 26.n| 27 spaces indicated a concem by sta.ff that the space at the conrcr of 10th & Blaine could not be considered a parking space. Staff reiterated that Mr. Blizzard had ev"aluated the parking nsing a standard parking gride and deemed 26 spaces would be strcient for ttre businesses existing (without induding bank parkiug). Wanda Anrhony offered a motion to apprrve the Vaimce subject to 6llaining the lener from the Bank and recommending that the parking be reviewed annually. a o Rita Fad amended the motion 6dding rhat the Qsmmissiea 6ads the situatiou rmique with the arrailability of extra parking beiog used by the Gty for a park are4 aud tbat the Commission do not wish to deprive the citizens of a downtowu gleen area, and that there is adequate pa*hg on site. Tom Ensley secooded the ameuded motion wbich passed rmznr:rnrnrsly. The preliminary and Final PIat of the SuMivision of Canyon Flill Ceoetery Block 76 onto 64 lots, and Block 77 into 65 lots was then discussed; applicang City of Caldwell. Ms. Yeary stated that in ueating this as a subdivision the Ciry is complying with State law and that the documentation compJies with State law. Commissioner Enslerr recommended approval of the plaq which was seconded by Wanda Anthony 33d 'nenimously approved- Under aew business Ed Christopher Save a presentation oa the initial snrdy he had done regarding the rezoning on Cayon HilL He pointed out the vaqltrt lots, duplexes and triplexes. After some discussion conceming reasons for rezoning and its effects, the Commission agreed that no further action should be taken until the new Plaming and Zoning Director is appointed and that this shor:ld be a priority for that persoL Commissioner Ensley commented that new zoning might encourage development of vacant lots. Ms. Yeary reported on City Council action- Referring to the upcorning hearing on the Dearbora area rerzodng hearing she stated tbat 251 people had been notified of the rezoning from R-2 to R-1 to be heard at the meeting on October 29th- Ms. Higdem had questioos regardiug a conflict of interest in the rezoning, because several membes of the Commission either worked or lived in the area. Chairrran Randolph said the advice of the City Anomey should be requested by staff on this issue. The proposed Langroise Fine Arts Center at the College of Idaho will be on the agenda November 19,1992. The major concela seems to be partdng. Also on the 19dr' Ms. Yeary cited a possible rezoning request of a parcel which is half zoned industrial and half residential. Uoder further business, Mr. Frye questioued how they should look at parking in light of the new Haadicapped Disability Acr Chairmaa Randolph said that Mr. Frye's concenr should be a priority for ttre uew director. Furthermore, aa improved Pa*ing stmdads erraluatioa should be forrnulated. Ttere was no other business and the meeting was adjou:aed at 9:05. /-J; Secretary,Ctairmau, Chuck RandolphJudy Subia &#*.o +d 2-7.4 _: t4rztr)a, A=filAl5 ( ? €ffe{r,Ttr! !t I \.t'\?tf1 ?r/P'6N s IL rt Ittt 1 JC l/o{ n*S ./\{ \ Tt4,t \ I ,L \ t \ .t q I o t s kDt)\, l) 4 \ + rYA ) A ! 0tt I kEY i &t^r k G 6 #"r I N v F \ III t + F P '11 e'-. To+* P,+' L"t1 '- z1 rf' e*J€'1r-Ja a,,id.'t4. L4, a^r7-e I at4 f er.t+-nt!q ,4JFb aJr'rLn + 5 l,t,rt P/trllo -r I ..) F'.fHL ILDING 1 -f lr -l l+r^v EXISTING B - FE+-t ll';/,tl''tt4 ')L SITE PLAN wI,o I I I i I I \ t',n4.1 \_---/\>-v z^)zr. - evp t- I \ ?AR lor e L U BY SUBJECT PROPERTY \ I I I It* O 6,rtg af Oultrrell O 62I CTEVETAND BLVD, cAlDwErr, rDAHo 83605 TETEPHONE (208) 455.3000 FAX (2081 455<503 HAYOT JATA6 R. DAKAN crrY ctllf, BETTY JO KEI.IET October \6, 1992 Patricia Benedict Key Bank of ldaho 9th & Blaine Caldwe11, ID 83605 Dear Pat : At the pubJ-ic hearing regarding Tom Edmark's variance request aboutparking, the Planning and Zoning Cornmission expressed concern that there was no Letter on fife from Key Bank regarding the issue. Awritten comment is not a requirement, but the Conmission feels moreat ease, rather than simply taking the Staff's word of your approval. I would appreciate it if you could 1et me have a letter (sample att,ached) for my fiIe. The Commission plans to review the parking situation for this block on an annual basis, so if the Bank has any problems in the future you might let us know. Thanks for your help. S incere Iy, COU CILME BERS GARRET NANCOLAS Cosncil Prssii€nt ELAINE CARPENTER CHUCK HOUCHINS JOHN MURD@H JACK RAYiIIOND AOAM 'OANNY OZUNA l'< r,iz\4 ary, PJ.anning AidePlanning and Zoning Enc . Oo october 16, L992 Dear Sirs: Please note \rre are in receipt of the Notice of Ilearing concerning the requested variance by Mr. Edmark to permj-t the reduction in the required 38 parking spaceE to 26 spaces to acconmodate the proposed sandwich shop. At this time, the Bank has no objection to this proposal. Yours tru1y, oO TELEPHONE LOG Date Mes sage Time t)Person TO o STAFF REPORT Meetirg of October 15, 1992 FROM Planning Departrnent Staff REQUEST:A variance to Section 6-2-1, Parking requirements APPLICANT: Tom Edmark, owner; Burt BreffrarU agent If,)C,r{IION: 916 Blaine Street, 10th & Blaine Plaza PROFOSAL: Ttre applicant is expanding an existing commercial building in the C-2 (community commercial) district. The new space will be leased for a restaurant and general retail uses. He proposes to provide 27 off-street spaces whereas the code requires 38 spaces for all uses, existing and new at the property. The owner proposes, for the purpose of securing a building permit, to provide 11 additional spaces across the alley, southwest of the addition, should this request not be granted. This proposed parking area is currently leased to the City, on a monthly term, and serves as a landscaped open space. The site plan (Attachment A) illustrates the proposed plan for parkinS. BAG(GROI,JND: Staff is unaware of any other applications to the Commission associated with this property. EVALUATION: Section 5-2-1, Table 3, subsection 4 of the Caldwell Zoning Ordinance specifies that whenever a building is constructed or enlarged the property will conform to t}te requirements for off-street parking. The existing uses at this property include three retail businesses. Surrounding uses include a bant radio statioq and ofEces. There are presently 101 parkjng spaces available to serve all uses on this block. Referring to Table 3 of Section 6-2-1., staff has determined that 55 spaces are necessary to serve the existing uses on this block. The applicant proposes to provide 27 off-street spaces if this request is approved. Staff finds that the 3 spaces adjacent to l0th Avenue do not conform to the minimum 23 foot stall length specified for a parallel space and not more than two spaces at this location should be counted towards satisrying the parking requirements. Section 64-5 provides that the Commission shall grant a variance when it has found: 1. That the Sranting of the rrariance will not be in conflict rvith the spirit and intent o Members of the Planning and Zoning Commission ao 3 of the Comprehensive Plan and will not effect a change in zoning. 2.That there are exceptional or extraordinary cfucumstimces or conditions, applicable to the property or the intended use thereof, which do not apply g€nerally to the properqr or use in the district so that denial of the relief rcught will result in: (a) Undue loss in rralue of the propertS4(b) Inability to pr€serve the property rights of the owner;(c) Tte prevention of reasonable enjoyment of any prcp€rty righ of the owner. Tte granting of such relief will not be materially detrirnental to the public health, safety or welfare, or injurious to the property or improv€ments of other property orvneni, or the quiet enjoyment of suctr property or improvement. The applicant has provided a narrative statement (Attachment B) asserting that the request satisfies these three criteria. Staff does not find that the variance, if granted, will be in conflict with the Comprehensive Plan, that exceptional circumstances apply to the subject property, and the request will not be detrimental to other the pubtc health, safety or welfare, nor will it harm an adjoining proPerry. RECOMMENDATION: Staff recommends that the Commission gr€rnt this request based upon finding that the variance, if granted, will not be in conflict with the Comprehensive Plan, that exceptional circumstances apply to the subject property, and the request will not be detrimental to the public healtlq safety or welfare, nor will it harm an adjoining property. Staff suggests that approval be granted subject to compliance with the following condition: Not less than 26 off-street parking spaces will be designated in conformance with Section 5-2-1 CMC within 90 days ofthe approval ofthis variance. ATTACHMENTS: A. Site Plan B. Narrative by applicant RIGHT OF APPEAL: Ihe applicant or any o\ mer of property witlin a three hun&ed foot (3o0) radius of ttre ocerior boundaries of the zubject prop€rqf may appeal the decision of the C,ommission provided written notice of zuch an appeal is filed with the City Clerk within 15 daJ/s of the C.ommission hearing in accordance with Section 1-2G5 of the Caldwell Mrmicipal Code. 1 o KEYS CONSTFUCTION CO,, INC. General Contractors Septenber 16, 1992 Planning & Zoning ConmissionCity of Ca ldwel1City HaIl Caldwel1, Idaho 83 605 Dear Sirs: Accompanying this letter is formal application to the Planning &Zoning Comnission requesting a variance from the zoning requirements for off-street parking at the 10th & Blaine P\aza. IncLuded wlth this application is a reduced size plan indicating the parking available on the property. Additionally, the plan shows additional proposed parking across the alley to the south which is current!.y owned by the appl-icant but is currently leased by the City for use as public landscape. In order to conply with the zoning requirements, it would appearthat the public landscape strip of land would have to be developedinto a parking 1ot. Zoning requirenoents currently would require 35parkinB spaces for the entire 10th 5. Blaine Plaza. lJe are requesting that this requirenent be reduced to 27 off-streetparking places with the renaining coming from on-street parking adjacent to and across the street froD the loth & Blalne P]-aza. Insupport of this request, we hereby offer the following for consideration: The granting of the variance would not be in confllct with the spirit and intent of the conprehensive p1an. current and antj-cipated long term uses of the property remain stable. The long term lease to the State Liquor Dispensary for 1t's liquor store indicates a traffic pattern which peaks in the after work hours and on Saturdays. We believe this provides sone balance to the current parking stal1s available and vould not overload any of the tenants. A B 205 Evans Street . Caldwell, ldaho 83605 . 208454-8606 . 345-0922 An exceptional and extraordinary circumstance exists in thatthe only other land available for parkinB is currently being used by the City for public landscape. In order to use the land as parking, the City and the public would lose the public landscape so precious to the downtown core area, Planning & Zoning City of Caldwe1l Ca1dwe11, I daho o Commi s s ion 83605 o C Page 2 of 2 Submitted for Thomas Edmark Yours truly, KEYS CONSTRUCTION CO. , INC. Burton O. Brennan President BOB/plt The granting of this variance would not be detrinental to the public health, safety welfare, or injurious to the proPerty or improvements of other property owners or the quiet enjoyment of such property or inprovement. The property in question is currently adjacent to the Downtown Business District u'here no off-streLt pirking is required. We believe that we have made the best usL of all the existing conditions available to us' Therefore, kle respectfully request that the commission grant request for variai'rce ' hle appreciate your considerations and forward to a favorable decision. thi s look KEYS CONSTRUCTION CO,, INC, o o NOTICE OF PUBLIC HEARING CAtDWEtt PIANNING AND ZONING COMMSSION LEGAL NOICE IS HEREBY GIVEN, that the Caldwell Planning and Zoning Commission will hold a public hearing in the City Hall Council Chambers, 621 Cleveland Boulevard, Caldwell, Idaho, on Thursday, October 15, 1992, at 7:15 p.m. The purpose of the hearing is to consider a Variance application allowing a reduction in the parkjng requirement from 35 to 27 for a proposed restaur:rnt in a C-2 (Community Commercial) zoning district (916 Blaine). Applicant: Thomas Edmark. Further information is available from the Planning and Zoning Department, Caldwell City Hall,455-3006. Interested persons are invited to attend the public hearing and offer testimony regarding the consideration of said variance application. Prepared by, Liz Yeary, Planning and Zoning City of Caldwell Publish: September 28, 1992 hElP o CITY OF CAI.D\,VEII Interrdepartmental Review 6"1o* 21s delails of an application submitted to the Plaruring and Zoning Commission. We are asking for WRJTTEN R-ESPONSE concerning the application so that your concerns rnay be addressed by the Commission at the hearing. Please send your r€sponse to Plaoning by October 5,7992. o Hearing Date: ApplicanVAgem: Phone: Project Name: Project Address: Case Number: October 75, 1992 Ihomas Edmark Keys Construction 459-7477 454-8606 Proposed restaurant requiring parking variance 916 Blaine 92-V-06 koject Description: The applicant is constructing a restaurant and seeks a reduction in the required parl.jng spaces from 35 to 27 spaces. Attached is an explanatory letter from Keys Construction. Deparment Comments: Department Date Signature X!*J+""-4ar-1t P-rJe atl o o { a-' D \ C,)o 0 o\s $T t 1_{ +I o l_+ I $ LrFIA t-Flt +vt6 fr \\ 6d)( + F G Tol&L P*rL-:1 - t .t-1n).n Aafl-lAl.Tk' ?-1 lrra+1\-b 6,4!a.-t-E,aqe1 atfq. U4>tr!?, $f lb<t)-ntt,., a)F+ aa ! @ 1 T 'f T 'r F*AV EXISTING B ILDING : P*?.!t- SITE PLAN I I i i t19- -rr"---.--------- -r-------------.!t- I € \ Or***,*u oND zoNrNG o.rorrrt 621 CLEVELAND BLVO. CALDWELL, IDAHO 8T}605 TELEPHONE45$3M6 FAX |5$3003 APPLICATION TO PLANNING & ZONING COMMISSION ooo Special Use Permit Code Amendment Comprehensive Plan Amendment Property Owner: o o Rezoning Subdivision Variance00 Phone: t Jt^r e tl. jtoa<n-141 1 Mailing Address :3tzo .Q-l a,fe La.;J App licant: '-I-h o lr. err. € -rw.l<-Phone:4Sq -1q 1'l 'a +o Z'? .lo A-ltavirkoiE A' Mailing Address:rzo e. Describe Proposal: A.2 t t u) J+ Project Location: 4lro G,Lr,Lrc. Legal Description: (Attach if necessary) Zoning District: _Comprehensive Plan Designation:Acreage:24crr:s. F. I have reviewed this completed application and the supporting documentation and certify that it is true and accurate to the best of my knowledge. I understand that the City may approve, approve with conditions, or deny this application. fraq. Zt. /7?/ Signature Da(e **t*t*ttt**t***t*************r FoR oFFlcE usE oNLy ****r*******r**********t**r******* Proposed Zoning Variance to Section Other 2- Soecial Use L,^^ Ru,JI This application has been reviewed by the Planning Department staff for compliance with the submission requirements and ofi icially accepted for review and processing by the City of Caldwell.q-b4/'4t-v- or, Signature L bate @ttg st (firlinell / I OWNER'S AFFIDAVIT* STATE OF IDAHO COUNTY OF CANYON *t To/lt €D nlRv being duly swom, depose and say that (l am) (-) the owner(s) of property tocated at9lb BL[t,UE (Legal Descripti on lols 5- rz 4.zl __J, for which (l am) (re) requesting a Code Amendment, Comprehensive Plan Amendment, Rezone, Special Use Permit, Subdivision, Variance) through the City of Caldwell. Furthermore, (l) (r) hereby appoint or G*Crs-c-noA)as our agent to act in our behalf on all matters pertaining to the processing of this application. sig ned: Address:-4lpo Z. L/.,*-L"--l Phone:4sq-ktt Subscribed and sworn to before me o ss ) ) ) this,2/z day of 1eg.?. PUBLIC My Commission expires: //-Zq3 w *TO BE COMPLETED WHEN OWNER HAS AN AGENT ACTING ON HIS OR HER BEHALF a CrlL,,,n t r-h.a^ln.