HomeMy WebLinkAbout94-04-V Reduction in Rear Setback 1021 N. 9thO o
PTANNING AND ZONING DEPARruENT
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DENNIS E. CROOI(S
Plalnlng I Zonlng oli.ctor62I CTEVEIAND BLVD.
CAIDWETT, IDAHO E36G'
tEtEPHONE a55.3@t
tAX '155.300it
PLANNING AND ZONING COMMISSION
ACTION BEPORT
Meeting of March '17, 1994
WHEREAS, the Planning and Zoning Commission on March 17, 1994, considered an
application lor a variance to address setbacks in the C-4T (lnterchange or Freeway
commercial, lndividual Mobile Home overlay) zoning.district, involving property on the
Southwest comer ol North 9th Avenue and abandoned Joliet Street liOZt trl.Oin
Avenue), applicant: Claude Brumfield.
WHEREAS, the Planning and Zoning commission, after considering public t€stimony
presented by interested persons and reviewing the particular facts and circumstances
associated with the request voted to approve the Variance subject to the following
terms and conditions:
TER AND CON ONS:
1. That the Variance is granted for a reduction ol the required rear yard setback
from the prescribed twenty (20) feet to six (6) feet and the required front yard
setback from the prescribed twenty (20) Ieet to eighteen (19,) feet.
2. That the Variance is not transferable from one property to another.
3. That a minimum structural setback ol ten ('10) leet shall be required lor each
side yard.
FINDING OF FACT/CONCLUSIONS OF LAW:
An application lor a Variance was properly filed in accordance with the
provisions of Section 6-4-5 ol the Municipal Code.
The legal requirements were done in accordance with the procedu res outllned
in Section e4-5 (C) of the Municipal Code. Legal notice ol the Variance
application and public hearing was published in the local newspaper. property
owners within 300 feet ot the subiect property were notified of the request and
public hearing. Notice was posted on the premises not less than one week
prior to the public hearing. An agenda was posted at City Hall 4g hours in
advance ol the meeting in accordance with ldaho Code.
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The applicant provided supporting testimony. There was no opposing
testimony.
The Planning and Zoning Commission, in granting approval of the Variance
concluded the following:
a) there was a unique circumstance resulting from a street vacation initiated
by the City ol Caldwell which altered the classilication ol the lot lrom a
corner lot to an interior lot;
b) the unique circumstance resulted in a hardship which prevented
reasonable enjoyment and use of the property;
c) the granting ot the variance would not be in conllict with the
Comprehensive Plan and will not effect a change in zoning.
d) the granting ol the variance would not be materially detrimental to the
public health, safety or welfare or injurious to the property or
improvements ol other property owners.
The applicant, or an affected person having interest in real property within 300 feet of
the subject property, is advised of the right to appeal the decision ol the planning and
Zoning Commission. Written notice ot such an appeal shall be filed with the City Clerk
within lifteen (15) days after the decision of the Planning and Zoning Commission.
DATE OF APPROVAL: March 17, 1994
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Dennis Crooks, Director
Planning and Zoning
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Liz Y eary, Administrative Secretary
ATTEST:
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A public hearing was conducted by the Planning and Zoning Commission in
accordance with procedures contained within Section 6-4-4 (C) of the Municipal
Code.
Prgpqred by,
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( + vq*ta xtc-e.t PUBLIC TESTIMONY REGISTER ttz/ N.q*
Public Hearing:SDecial L,se Permit to allow conversion ofa into a triplex at 1021 N.gth and Variance to
address tront. rear and side vard setback mcations on same property: applicant: Claude
Brumfield
INSTRUCTIONS: Enter your name and address (pleas6 print leoiblv).
No person shall be permitted to speak before ttre Planning and Zoning Commission at a public hearing
until recognized by the Chairman. All persons speaking shall speak before a microphone in such a manner
as will assure that the recorded testimony or remarks will be accurate and trustworthy. At the
corlmenoement of the hearing, if necessary, the Commission shall establish a time limit to be observed
by all speakers.
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NAME:
ADDRESS:
NAME:
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ADDRESS:
NAME:
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NAME:
ADDRESS
NAME:
ADDRESS:
NAME:
ADDBESS:
NAME:
ADDRESS
APPLICANT:
ADDRESS:
NAME:
ADDRESS:
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PLANNING ANO ZONING DEPAFTMENT
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DENHIS E. CNOOKS
PlanninE E Zoflan! lrirlcor
621 CLEVELAND BLVO.
CALDWELL IOAHO 83605
TELEPHONE 15$3006
FAX 1553003
APPLICATION FOR VARIANCE
NAME:PHONE NO. (home)
(Applicant)(business)-
MAILING ADDRESS OF APPLICANT:{
PROPERTY ADORESS AND LEGAL DESCBIPTION:
be request: (Attach iti sh or drawin if necess
REQUIREMENTS:
FEE: A $75.00 non-refundable fee.
pl-AN: Plans, drawn to scale, showing the property, and location of all improvements. Other
drawings may be required to illustrate the request.
IIARFATIVE: A narrative statement describing how the requested varianca conforms to the
following criteria:
1 . That special conditions and circumstances exist which are peculiar to the land,
stucture or building involved and which are not applicable to other lands'
structures or buildings within the same district;
2. That a literal interpretation of the provisions of this ordinance would deprive the
applicant of rights commonly enjoyed by other properties in the same district
under the terms of this ordinance;
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That special conditions and circumstances do not result from the actions of the
applicant; and
That granting the variance requested will not confer on the applicant any special
privilege that is denied by this ordinance to other lands, slructures or buildings in
the same district.
This application together with the Plan and the Nanative and applicable fee shall be submitted to the
Director at least 20 days prior to the reguiarly scheduied Planning and Zoning Commission meeting
on the third Thursday of each month. Any application not in the Planning and Zoning office by the
required date will be scheduled and considered at the following month's meeting.
The Planning and Zoning Director reseryes the right to not ofncially accept this application until total
review is accomplished and all required information is submitted. The date of the public hearing will
be established by the Planning and Zoning Department upon the acceptance of a complete appficJtion.
l(we) am(are) the sole owner(s) of the property described by this application. l(we) turther attest that
all information submitted with this application is true and accurate to the best of our knowledge.
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DATE RECEIVED:
RECEIPT NO:
PLANNING & ZONING COMMISSION HEARING DATE:
signature of Ap lcan_7/
Date
-OFFICE USE ONLY-
ACCEPTED BY:
FILE NO:
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