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o City of Caldwell
COMMUNITY DEVELOPMENT DEPARTMENT
Planning, Zoning, and Building Services
621 Cleveland Blvd.
Caldwell, lD 83605
LINDA JAMES
Community Developmenl Director
DARBELL IUAYES
Building Official
March 12, 1999
(208) 455-3021
(Fax) 455-3003
Jim McCoy
2210 Y2 Ray Avenue
Caldwell, ID 83605
RE: ORDER OF DECISION -REAR YARD SETBACKS-CASE NO. VAR-13-99
Dear Jim:
Enclosed for your records is a copy of the above referenced document' Keep in mind
that approval only applies to the rear-yard setbacks for specific lots.
Sincerely,
z-+
Linda lames
Enclosure
cc: case file
I
{a'
t city of caldwef
COIUt\4UNlTY DEVELOPMENT DEPARTTUENT
Planning, Zoning, and Building Services
621 Cleveland Blvd.
Caldwell. lD 83605
LINDA JA[/ES
Community Development Director
Plaruring Issues
A. Discussion on Comp Plan Map/ Land Use Map
Adjoum
(208) 455-3021
(Fax) 455-3003
DAFFELL I\,4AYES
Building Official
Planning and Zoning Comrnission agenda for hearing of February 25, 1999, 7:00 p.m., City Hall
Council Chambers, 621 Cleveland Boulevard, Caldwell, Idaho.
AGENDA
Call to Order
Roll Call
Review of Proceedings
Poll Members for Conflicts of lnterest
Old Business
Approve Minutes of February I 1, 1998 Meeting.
Approve Recommendations on the following Cases: Case SUB-32P-99
(Stonegate), and ANN-14-99 and SUB-3lP-99 (Powell Estates).
VI. New Business - Hearings
Case No. VAR-13-99 a request by James McCoy for a variance to reduce the
rear-yard setbacks for certain lots located within Glen Meadows Planned Unit
Development from 15 feet to ll feet. Said lots are as follows: Lots2,4,9,andll ofBlock l; Lots 1,2,3.5,6.7,8.9, 10, ll, 12ofBlock3. Respective access
to these lots is from Glenn Way and Alder Drive, which interconnects with
Indiana Avenue.
II
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ry.
A.
B.
A.
VII
\5
VIII
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BETORE THE PLANNING AI[D ZONING COMTtrSSION
CITY OT CALDWELL, IDAHO
INTHE MATTEROTTHE
APPLICATION OF JAMES McCOY
FOR A YARIANCE FROM REQI,JRIED
FOR REAR-YARD SETBACKS IN
GLENN MEADOWS SUBDTVISION, A
PLANNED UNIT DEVELOPMENT
)
)
)
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1.1
I COI]RSEOFPROCEf,DINGS
The Caldwell Community Development Department issued a notice of public hearing on application
VAR-13-99 to be held on February 25, 1999. Public hearing notice requirements set forth in Idaho Code,
Title 67, Chapter 65, Local Planning Act, have been met. On February 9, 1999, notice was published in
the Idaho-Press Tribune; on February 5, 1999, notice was mailed to all property owners within 300 feet of
the project site; and, on February 18, 1999, notice was posted on the site.
Files and exhibits relative to this application are available for review in the Community Development
Deparment, Caldwell City llall, and will be available for review at the hearing.
1.2
II GENERAL FACTS
2.1 APPLICANT (S): JimMcCoy,Z2t0 % Ray Avenue, Caldwell, ID. 83605
2.2 OWNER (S): Same as Applicant.
2.3 REOUEST: The Applicant requests approval ofa variance to reduce the rear-yard setbacks Lots 2, 4, 9
and l1 of Block l, and Iots 1,2,3,5,6,7, 8,9, 10, 1l and 12 of Block 3 from the required 15 feet to I I
feet. Said lots are located in Glenn Meadow Estates Subdivision, a Planned Unit Development. (See
attached plat)
2.4 BACKGROUND INFORMATION: On December 14,1995, Planning and Zoning Conunission members
approved the preliminary plat for Glenn Meadows Subdivision, a Planned Unit Development consisting
of 25 residential lots and 2 common-area lots. Subsequently, and following the requirements of
Subdivision Ordinance No. 1758 regarding approval of final plats, the City Council approved the final
plat on July 7, 1997andftgp;a1\ as recorded.
2.4.1 As a part of the process, City Council members (on December 4, 1995) raived certain standard
requtements and permitted the prelininary plat to go forward with a density of 9.12 dwellings per net
acre, which allowed for a minirnurr lot size of 3272 square feet for interior lots and a minimum of 4903
square feet for comer lots. The minimum lot size in a standard subdivision is 6000 square feet for interior
lots and 7500 square feet for comer lots. In the case of Glenn Meadows, interior lots were reduced by
2728 sqtsare feet (approximately 45o/o), and comer lots were reduced by 2597 square feet (approximately
357o). lnterior streets were installed to the City's specifications and have been dedicated to the City as
public streets. One common area has been developed with a community clubhouse; the other common
area is used for RV storage.
2.4-2 Due to the limited building area on these small lots, Mr. McCoy formally requ€sted an administative
exception of3 feet (ftom 15 feet to 12 feet) for rear yard setbacks on 7 of the 25 lots. The Cornmunity
5,"\
cAsE NO. VAR-13-99, COURSE OF
PROCf, EDINGS, GENERAL FACTS,
AND APPLICABLE LEGAL
STANDARDS
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Development Director, following the requirements of Section 10-03-02 sf lsnimg Ordinance No. 145 I
regarding the granting of administrative exceptions, approved the reduction of three feet for the
aforementioned lots on June 22, 1998.
2.4.3 After granting the blanket adminisfiative exception for 7 of the 25 lots, Mr. McCoy again approached the
f,6mm,nigy Development Director with requests for exceptions on 15 lots that remain to be developed.
The Director determined that the best course of action at this point would be for Mr. McCoy to present his
request to Planning and Zoning Commission members at a public hearing.
2.4.4 Glenn Meadows is a retirement PUD, which historically means that persons buying lots within this
community find small lots to be attractive because of the low maintenance required for the lot. At the
time of approving this particular PUD, it appears that planning staff did not consider the appropriateness
of including proposed setbacks that would have been more in keeping with the small square footages of
the respective lots. A PUD request is intended to encourage rurique designs that can, and does, include
exceptions from standard requirements (including setbacks) for typical subdivisions.
2.4.5 The Applicant's narrative (Attachment B) notes that "because of the size and shape of the lots, the
present setbacks make it impossible to build sizeable, saleable homes." The Applicant also notes that
"people buying the homes are retired and desfue very little, or no yard maintenance. In most cases, the
buyers have requested ttrat the entire back yard be poured in concrete, sliminating any back yard
maintenance."
2.5 LOCATION: Glenn Meadows Subdivision, Glenn Way and Alder Drive, which interconnects with
III
Indiana Avenue. (Attachment C, copy of location map)
APPLICABLE Lf, GAL STAIIDARDS
City of Caldwell 1977 Comprehensive Plan, as amended.
City of Caldwell Z6ning Ordinance No. 1451, asamended.
Idaho Code, Title 67, Chapter 65, Local Planning Act
3.r
3.2
3.3
V
VI
Iv VARIANCE PROCEDTJRE
4.1 Reserved for the Planning and Zoning Commission. A1l five criteria must be found to be true in
order for a variance to be granted. (Attachment D, copy ofVariance Worksheet)
5.1
COMPREHf, NSIVE PLA}I ANALYSIS
Not applicable for this request.
FINDINGS OF FACT
6.1 Reserved for Planning and Zoning Commission. General Facts should be adopted as a part of the
Findings of Fact, and any facts (other than those noted under General Facts) that were brought
before the Com-ission at the public hearing should be included. tncluded in the Findings of Fact
should be the finding from the variance work sheet.
VII CONCLUSIONS OF LAW
7 .l Reserved for Planning and Zoning Commission.
o o
VIII ORDER OF DECISION
8.1 f,sssrvgd f61 planning and Zoning Commission.
VIII STANDARD CONDITION OF APPROVAL (ifapproved)
The specific terms and conditions placed on this variance shall run with the lots and remain valid
upon a change of ownership. The variance approval is not transferable fiom the applicable Glenn
Meadows lots to other lots or sites.
Report prepared by:
.2-r?-tt
Date
9.1
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AX"*,..-...-
Community Develfu ime\t Dnector
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Glenn Meadows Estates
2210 % Ray Ave
Caldwell,ID 83605
(208) 4s3-9784
Narrative
&
Request to change setbacks
Glenn Meadows Estates is a 25 unit planned unit development for senior citizens
located on So. Indiana in Caldwell.
The set backs established by the final approval are: 15' backyard, 5' side yard,
and 20' front yards.
We recently obtained an administrative variance on some of the lots, allowing the
back yard set back to be 12'. In most cases this is acceptable. In others, because ofthe
size and shape of the lots, the present set backs make it impossible to build sizeable,
saleable homes. This being the case, I sincerely request that the back yard set back be
changed to I I '. The front and side yards would remain the same.
IN considering a 1l' back yard set back, it is important to understand that the
people who are buying the homes are retired and desire very little, or no yard
maintenance. In most cases, the buyers have requested that the entire back yard be
poured in concrete, eliminating any back yard maintenance.
In addition to the standard back yard set back problem, there are 2 corner lots that
require 20' set backs in the front and side yards. The side yard set back (20') eliminates
the construction of sizeable, saleable homes.
ATTACHMENT "B'
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VARIANCE WORK SHEET
Section 10-03-05, Variance Procedure.
ln acting upon a variance, the Commission shall only grant a variance upon finding
that the following are true:
e
B
That there are exceptional or extraordinary circumstances or conditions, applicable
to the property involved, which do not apply generally to other properties within the
same zoning district.
That the exceptional or extraordinary circumstances in conjunction with a literal
interpretation and application of the regulation would result in undue hardship by
depriving the applicant of reasonable use and enjoyment of the property or of
privileges enjoyed by the owners of other properties located in the same zoning
district.
That the granting of the variance will not constitute a grant of special privilege
That the granting of such relief will not be materially detrimental to the public health,
safety or welfare, or interest, or injurious to the property or improvements of other
property owners, or the quiet enjoyment of such property or improvement.
That the granting of the variance will not be in conflict with the spirit and intent of the
Comprehensive Plan and will not effect a change in zoning.
Moved seconded that the five criteria
required to be met in granting a variance are true/not true and that the variance is hereby
approved/denied.
Motion passed
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E
A.
ATTACHMENT "D'
AFF:IDAVIT OF PIJBUCATTON
STATE OF IDAHO )') ss'
Counry of Canyon )
Ya oi Sto teY
of Nampa, Canyon Counry, Idaho, being firsr dulv
sw'orn, deposes and says:
1. That I am a ckizen of the Unired Srates of America, aod :ri
all tinres hereinafrer mentioned w.as over the age of eighreen
years, and not a pa(y to the above enrirled aciion. -
2. ThaL I am the Priocipal Clerk of the Idaho Press-Tribuce.
a daily nevsprper published in the Ciry of Ntnrpr anci
Caldwell, in the Couhcy of Canyon, Sta(e of ldaho; iha( the
said ne$spaper is in geneml circularion in rhe said Coun$.qf
Canyon, and in the viciniry o[ N:rmpa and Caldsrell, aod'hrs
been uninterrupredly published in said Counry during x peri.
oo or seven(y-ergn( consecutrve weetis prior to the tirs( Dub-
licarion of the no(ice, a copy of which is herero arrached.
LEGAL M)NCE
NOTICE lS HEFTEBY GIVEN that the
Caldw€ll Planning and Zoning Com-
mlsEion will hold a Dubllc hearing in
Citv Hall Council Chambers, 621 Clo-
v.fand Boul€vard. on February 25,
1999, at 7:OO p.m., to hsar the lollow-
ino:' cass No. VAR-i3.99, a request
bv James McCoY for a variance lo
rdduce the rsar'Yard setbacks lor
c€rtain tots located within Glen
Meadows Planned Unit DevsloP'
ment trom 15 laet to 11 feet. Said
lots ars as tollows: 2, 4 and 11 ol
tSlock 1: Lots 1, 2, 3, 5, 6, 7, 8' 9,
xO. 11. 12 ol Block 3. Respectivs
e c;ess to these lots is from Gl€nn
r ,hv and Alder Drivs, which inler-
conhects wittl lndlana Avenue.
Filsrr and exhibils rolative to this re'
ouest aro on lile at CitY Hall in the
Comm lrnitv Developm€nt Deparhent
and an} aiallablg lo. review during lhe
h6urs dl 8:OO a.m. to 5:00 P.m. Mon-
dav lhr':ruoh Friday. Funher inlorma_
rioi carr b1 obtairied bv calling 455-
302't.
Februar)/ 9, 19t)g 8363
3. That.the. notice, of. which thc annexed is a prin(ed cop).,
was published in said nes'spaper
0nce
- in the regular and entire issue of said papeq and r, e.s
printed in the newspaper propeq and not ina iupplement.
4. That said norice was published rhe following datesr
T'chrrrarv O l OqO
STATE OF iDAHO
COUNTY OF CAI']-YON
)
)
)
on rhis gth daI of Februarv
i:r the velri of t999 befee me,.a Ncia.,
Pul:Lic, o:isonally a.opeared-&:oJ--Slolc+a
l:nor.. n or ideniiiied ro me to be the oerson rvhc-.=
nams subscribecl to rhe n,iihin instnrmint, and bein:r
b7 me iirsi duly' 5n'orn, cieclared thai the statenten:.
tirerein aie tme, a.nd ackno*ledged to ne that h:/:h:
execuiecl rhe san]e.
\oia11' PubLic fo:- Iclah:r
)lesiciing at NaiIl):r
li'/ cc\1r!:ssGai gx?li:-l
..:...itt: 2t:.19;7
2 h
oO
PT]BLIC HEARING NOTIFICATION CEECK LIST
\.lAcG,- (3-iq csnxnnre-56p.ei, /![<
PI]BLISHDATE J I
MAILINGDATE Z -5 -?,a
The following, ifchecked, are to be noticed no later than the above noted mailing date:
CASE NO.
IIEARINGDATE J-25-1A
( /Applicant
( ) Representative
( ) Caldwell School District
( jt-iroperty within 300 feet ofproject site
( ) Pioneer Inigation District
( ) Riverside Irrigation Dishict
( ) Canyon Hill Irrigation District
( ) Black Canyon Irrigation District
( ) Golden Gate krigation District
( ) Caldwell Lateral krigation District
( ) Canyon Couaty Development Services
( ) Canyon County Ambulance District
( ) Canyon Highway District #4
( ) Vallivue School District
( ) Boise koject Board of Control
( ) Southwest District Health
( ) Idaho Transportation Deparhent
(t-t ?n =r 6.le^--- ,-iSn
If site is in vicinity of water bodY:
( ) Bureau of Reclamation
( ) Idaho Fish and Game
( ) Corps. ofEngineers
( ) Department of Water Resources
If site is in vicinify of Boise River:
( ) Br:reau of Land Ma[agement
If project is a gravel pit:
( ) Department oflands
( ) Other
()Post Site on 2' \E '
I verifr that legal notification was published on the date noted above and that mailings to those
persons/agencies, as checked, was done on the mailing date stated.
Verified by:
Date Si
I verifr that I posted the site on the date noted above.
Verified by:fu*l^/r-L Dated q
a
,1.'
o city of caldwelP
COMMUNITY DEVELOPMENT DEPARTMENT
Planning, Zoning, and Building Services
621 Cleveland Blvd.
Caldwell, lD 83605
LINDA JA[,4ES
Community Development Director
DABBELL I\,4AYES
Building Official
(208) 45s-3021
(Fax) 455-3003
NOTICE IS HEREBY GMN that the caldwell Planning and Zoning commission will hold a public hearing
in city Hall council chambers, 621 Cleveland Boulevard, on February 25, 1999, at7:00 p'm., to hear the
following:
Case No. VAR-13-99, a request by James McCoy for a variance to reduce the rear yard setbacks for certain
lots located within GIen Meadows itarmed Unit Development from 15 feet to 11 feet. Said lots are as follows:
2,4,andl1ofBlockl;Lots 1,2,3,5,6,7,8,g,10, ll, l2ofBlock3' Respective access to these lots is from
Glenn Way and Alder Drive, which interconnects with Indiana Avenue'
Idaho code, 67-65og,Local Planning Act of 1975 requires notice ofthis public hearing to-be provided to all
properry owners or purchasers of rec-ord whose respective property is located within 300 feet ofthe extemal
Loundaries ofthe sublect site. Copies ofany corrispondence received ftom the general public prior to the
hearing will be submitted at the hearirg and will be made a part of the public record. Public testimony will
also be taken at the hearing and made a part of the record.
Files and exhibits relative to this request are on file at City Hall in the Community Development Depaltment
and are available for review aurin! *re hours of 8:00 a.m. to 5:00 p.m. Monday through Friday- Further
information can be obtained by callng 455'3021.
'2._
O ovAR-13-99
Jim McCoy
ANNABELLE FOUNTAIN
PO BOX 932
CALDWELL, ID 83606
ANTONIO VASQUEZ
2017 E BEECH ST
CALDWELL, ID 83605
CHRISTOPHER LEWIS
2012 E CHERRY ST
CALDWELL, ID 83605
PAUL YBARRA
2918 S INDIANA AVE
CALDWELL, ID 83605
NORMAN PIEKSMA
2OO5 ALDER ST
CALDWELL, ID 83605
STEPHEN SELLS
2311 ALDER ST
CALDWELL, ID 83605
PAUL MOUUN
2111 GLENN WAY
CALDWELL, ID 83605
STEVE BENOIT
2105 ALDER DR
CALDWELL, ID 83605
VIVIAN FOSTER
2219 CHERRY ST
CALDWELL, ID 83605
EUZABETH LISCINSKI
2O1O ALDER STREET
CALDWELL, ID 83605
RALPH SHUTTERLY
3022 S INDIANA AVE
cALDWEtr, ID 83605
RE( HAMMER
2OO5 E BEECH ST
CALDWELL, ID 83605
FRANK KIMURA
2O2O E CHERRY ST
CALDWELL, ID 83605
SEVERT FOX
2021 ALDER ST
CALDWELL, ID 83605
RONALD WALLS
2307 ALDER ST
CALDWELL, ID 83605
DAVID WICKWARD
2115 GLENN WAY
CALDWEI.I, ID 83605
NORTHWEST HEALTHCARE, INC
33OO PROVIDIAN CENTER
LOUISVILI.,E, KY 40202
LORRAINE TAYLOR
2223 CHERRY ST
CALDWEL|- ID 83605
LAWRENCE RAGANIT
2O2O ALDER ST
CALDWELL, ID 83605
WILLIAM MURAKAMI
2019 E BEECH ST
CALDWELL, ID 83605
FRANCISCO LIMBAGO
2006 E CHERRY ST
CALDWELL, ID 83605
ALBERT ERADBURN
2904 S INDIANA AVE
CALDWELL, ID 83605
MARK PATTERSON
2011 ALDER ST
CALDWELL, ID 83605
BEVERLY FOWBLE
2319 ALDER ST
CALDWEL|- ID 83605
ALICE OGAWA
2101 GLENN WAY
CALDWEI,I, ID 83505
ALPHA HOUSTON
2109 ALDER DR
CALDWELL, ID 83605
ANNA FRANCIS
3120 S INDIANA AVE
CALDWELL, ID 83605
DAVID DUBOSE
2215 CHERRY ST
CALDWELL, ID 83505
5-
ELLEN YATES
822 N GEORG1A AVE
CALDWELL, ID 83605
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STRICKLAND FAMILY TRUST
2203 CHERRY ST
CALDWELL, ID 83605
]ON SEUBERT
2823 S INDIANA AVE
CALDWELL, ID 83605
RUTH JOHANSEN
2905 S INDIANA AVE
CALDWEI.I, ID 83605
BLAIR YOST
2218 CHERRY ST
CALDWELL, ID 83605
]AMES I,fWIS
2302 CHERRY ST
CALDWELL, ID 83605
TRAVIS JENSEN
3015 S INDIANA AVE
CALDWELL, ID 83605
MARGARET SIMONTON
2215 E BEECH ST
CALDWELL, ID 83605
CREOLO RAPACON
2205 BEECH ST
CALDWELL, ID 83605
JORDAN DIMOCK
2635 MITCHELL BUTTE RD
NYSSA, OR 97913
TIMOTHY THORSON
2318 ALDER ST
cAt-DWEtL, ID 83605
DEANNA JONES
2815 S INDIANA AVE
CALDWELL, ID 83605
DENNIS ROBINSON
2107 CHERRY ST
CALDWELL, ID 83605
RICHARD HARLAND
2BO7 MORNING MIST LN
CALDWELL, ID 83605
ROCKY FULLERTON
2222 CHERRY ST
CALDWEI.L, ID 83605
MARUN GAINES
2316 CHERRY ST
CALDWELL, ID 83605
FRED BETANCOURT
3019 S INDIANA AVE
CALDWELL, ID 83605
DECIA COLE
329 E LOGAN ST
CALDWEL|- ID 83605
VIVIAN GOFF
405 CRESCENT DR
CALDWELL, ID 83605
GLEN WELCH, SR
2302 E BEECH ST
CALDWELL, ID 83605
GARY DOCKERY
2312 ALDER ST
CALDWELL, ID 83605
ROBERT WARREN
15901 SUNDOWN ST
CALDWELL, ID 83605
CARL CHRISTENSEN
215 HILLDROP ST
CALDWELL, ID 83605
RONALD ZECHMANN
3415 E POWERUNE
NAMPA, ID 83687
FRED GARZA
2202 CHERRY ST
CALDWELL, ID 83605
WARREN STRONG
2308 CHERRY ST
CALDWELT- ID 83605
BOBBY ALLEN
2209 E BEECH ST
CALDWELL, ID 83605
BILL MOORE
2119 E BEECH ST
CALDWEI.L, ID 83605
]OSEPH ISON
3101 S INDIANA AVE
CALDWELL, ID 83605
ROBERT RICHMAN
PO BOX 836
SALMON, ID 83467
ROBERT UPHAM
2310 ALDER ST
CALDWELL, ID 83605
s.2-
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GERALD HOCHSTRASSER
10975 MONTANA AVE
BOISE, ID 83713
WILLIAM BENNETT, JR
2317 E BEECH ST
CALDWELL, ID 83605
MIGUEL TAMAYO
2301 E BEECH ST
CALDWELL, ID 83605
ROBERT RICHMAN
2319 E BEECH ST
CALDWELL, ID 83605
SHAWNA MOORE
2305 E BEECH ST
CALDWELL, ID 83605
EARL MEDEIROS
2OO4 ALDER ST
CALDWELL, ID 83605
5-1-
INE
MODE:F ACTION:
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PRESS {01 RETTTRN } TO VrEW ANOTHER ACCOUNT TRQK101
REA]., PROPERTY INQUIRY
01 9R 9'77 -000- -0 001-00 S CH13 2 20
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14,500
55, 900
MEDEIROS, EARL C & MARY L-HIW
2OO4 ALDER ST
CALDWELL ID 83605
34 -4N_3W NE CRAIG'S REPLAT
E 15I OF LT 4 & W 5OI OF IJT 5
1525 80,400
2OO4 ALDER ST, CA
SURVEY INST 8802014
DRAIN DR VALUE APPR DMT
CLASS +2 REAP 97 MAN 95 UNIT 1
PARCEL gRCr-52s000004A H/O N C/B N
PRIOR ACCOUNT 8R 977.OOO- -O
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o city of caldwef
COMMU NITY DEVELOPIVENT DEPARTMENT
Planning, Zoning, and Building Services
621 Cleveland Blvd.
Caldwell, lD 83605
LINDA JAN/ES
Commr,nity Development Di.ecto.
(208) 455-3021
{Fax) 455-3003
DARRELL NIAYES
Building Official
NOTICE IS HEREBY GnaEN that the Caldwell Planning and Zoning Commission will hold a public hearing
in City Hall Council Chambers, 621 Cleveland Boulevard, on February 25, 1999, at 7:00 p.m., to hear the
following:
Case No. VAR- I 3-99, a request by James McCoy for a variance to reduce the rear yard setbacks for certain
lots located within Glen Meadows Planned Unit Development fiom 15 feet to I I feet. Said lots are as follows:
2,4,and 1l ofBlock 1;Lots 1,2,3,5,6,7,8,9, 10, 11, 12 ofBlock 3. Respective access to these lots is from
Glenn Way and Alder Drive, which interconnects with Indiana Avenue.
Files and exhibits relative to this request are on file at City Hall in the Community Development Depatment
and are available for review during the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday- Further
information can be obtained by calling 455-3021.
PI]BLISH FEBRUARY 9, T999
1,\