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ORDER OF DECISION
BY THE PLANNING & ZONING COMMISSION
CITY OF CALDWELL, IDAHO
PUBLIC HEARING HELD SEPTEMBER 9, 2008
Subject: Case No. VAR-36-08 (Adams Variance)
THE FOLLOWING LAND USE ACTION IS THE PRIMARY FEATURE OF THIS APPLICATION:
• A REQUEST BY BETTY ADAMS FOR A FRONTISTREET YARD SETBACK VARIANCE
FROM 20 FEET TO 7 FEET FOR THE PLACEMENT OF A MANUFACTURED HOME.
TABLE OF CONTENTS:
I COURSE OF PROCEEDINGS
II GENERAL FACTS
III TESTIMONY
IV APPLICABLE LEGAL STANDARDS
V VARIANCE CRITERIA
VI COMPREHENSIVE PLAN ANALYSIS
VII FINDINGS OF FACT
VIII CONCLUSIONS OF LAW
IX ORDER OF DECISION
COURSE OF PROCEEDINGS
1.1 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on application
VAR-36-08 to be held before the Planning and Zoning Commission on September 9, 2008.
Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met.
On August 22, 2008 notice was mailed to property owners adjacent to the project site; on
August 24, 2008 notice was published in the Idaho Press Tribune, and on August 28, 2008
notice was posted on the site.
1.2 On September 9, 2008 the Planning and Zoning Commission approved the request.
1.3 Files and exhibits relative to this application are available for review in the Planning and
Zoning Department, 621 Cleveland, Caldwell, and at applicable public hearings.
II GENERAL FACTS
2.1 OWNER: Betty Adams, 4114 Nelson, Caldwell, ID 83605.
2.2 APPLICANT/DEVELOPER: Same as owner.
Case Number VAR-36-08 (Adams Variance)
ORDER OF DECISION
Page] of 5
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2.3 REQUEST: The request is for relief from the Zoning Ordinance minimum front/street side yard
setback requirement of 20 feet. The Applicant requests to place a manufactured home on the
site seven (7) feet from the right-of-way line of 69' Avenue, which is also the front yard.
Therefore, the applicant is requesting a variance of thirteen (13) feet. All other setbacks will
be in compliance. The site is addressed as 523 E. Elgin and is located at the northwest corner
of 6tn Avenue and Elgin Street.
2.4 BACKGROUND: The lot is a nonconforming lot of record as per Section 10-02-08(5)(A) of City
Code which states: "In any residential zoning district, any single lot or single parcel of land
which was of record as a single lot or single parcel of land and a legal lot at the time of
adoption of the City of Caldwell Zoning Ordinance (December 13, 1977) or annexation or
rezone, whichever has occurred first, but does not meet the requirements of the residential
zoning district in which it is located for minimum lot width, minimum lot area or minimum lot
frontage, may be utilized for a single-family dwelling if all other requirements of City Code are
met and a building permit has been issued by the Building Official."
Prior to issuance of the building permit, this variance request needs to be approved. The lot is
fifty feet wide and the manufactured home is twenty-eight feet wide leaving twenty-two feet for
setbacks. Of that twenty-two feet, fifteen feet will be utilized for the rear yard setback. Varying
the rear yard setback poses safety issues due to existing structures on the adjacent lot.
Varying the front yard (which is also a street side) setback does not pose any safety issues.
2.4.1 VARIANCE PROCEDURE: Section 10-03-05 of City Code sets forth procedures for granting a
variance. A variance can only be granted when all five criteria in Section 10-03-05(4)(A) are
verified by the Commission to be "true". (See variance criteria listed in Section 5 of this staff
report).
2.5 COMPREHENSIVE PLAN COMPONENTS:
2.5.1 Land Use: The subject property is zoned R-3 High Density Residential.
Direction Zone Comprehensive Map Use
North R-3 High Density Residential
South R-3 High Density Residential
East R-3 High Density Residential
West R-3 Commercial
Houses/Manufactured Homes
Houses/Manufactured Homes
Houses/Manufactured Homes
Houses/Manufactured Homes
2.5.2 Public Services Utilities and Facilities Transportation: The engineering department, fire
department, and building department were notified of this request on August 26, 2008. The
fire department and building department were the only two agencies to respond with the
following:
Fire Department Comments:
I visited this vacant lot Thursday and talked to the owners regarding the manufactured home
they have purchased for this piece of property. After reviewing this lot/building situation, I
believe many interests would be well -served by approving this variance request. The
increased separation between the existing neighbor's house and the proposed unit would not
only be an aesthetic benefit but a vital life -safety benefit. Various existing structures on 6th
Case Number VAR-36-08 (Adams Variance) Page 2 of 5
ORDER OF DECISION
Avenue are already situated about as close to the street as this proposed variance would
allow, especially the lot just across the street from this location. Exhibit A13 is the latest and
most desirable placement of the home.
Buildine Department Comments:
Separation between exterior walls shall meet all code requirements as listed in Section R302
of the 2006 International Residential Code.
Engineering Department Comments:
The applicant shall demonstrate to the City that no recorded easements are present within any
setback reduction areas. No permanent buildings or structures shall be placed on, in, over,
under, through or across any easements.
Ill TESTIMONY BEFORE THE PLANNING & ZONING COMMISSION, SEPTEMBER 9, 2008
3.1 Anne Marie Skinner, Senior Planner, presented the staff report and submitted an aerial map of
the subject site labeled as PZ-1000.
3.2 Commissioner Shaffer asked how many existing manufactured homes have a variance.
3.3 Ms. Skinner stated there were none to her knowledge.
3.4 Trula Carrow signed as the applicant's representative and stated supporting testimony.
IV APPLICABLE LEGAL STANDARDS
4.1 City of Caldwell Zoning Ordinance No. 1451, as amended
4.2 City of Caldwell Comprehensive Plan, as amended
4.3 Idaho Code, Title 67, Chapter 65, Local Planning Act
V VARIANCE CRITERIA
5.1 This variance request has solely to do with the distance a manufactured home is placed from
the front property line, said line also happening to be a street. The following criteria, as set
forth in Section 10-03-05(4)(A) of City Code all need to be found TRUE by the Planning and
Zoning Commission in order to approve the setback variance.
A. There has been a showing of undue hardship because of characteristics of the site which
are either size, location, configuration or dimensions of the site; or, topographic or other
physical site conditions which render the site unique from adjoining properties. Staff
finds this condition to be TRUE. The size of the lot provides an undue hardship
due to it only being fifty wide.
B. Granting of the variance does not constitute a right or special privilege by the applicant.
Staff finds this condition to be TRUE. The process for receiving a variance is the
same for everyone. The applicant has completely the correct process and is not
asking for anything that someone else can't ask for.
C. Granting of the variance is not in conflict with the public interest. Staff finds this
condition to be TRUE. All adjacent property owners were notified of this request
and asked for opposition. No comments of opposition were received. Additionally,
the Fire Department feels that granting the request will actually enhance public
safety in the area.
Case Number VAR-36-08 (Adams Variance) Page 3 of 5
ORDER OF DECISION
D. Granting of the variance will not be injurious to the property or improvements of adjacent
property owners or interfere with the enjoyment of such property or improvements
thereon. Staff finds this condition to be TRUE. The side and rear setbacks are
being met. The front setback is against a street so immediately -adjacent property
owners aren't impacted since there aren't any owners immediately adjacent to the
front. Additionally, the requested variance will place the manufactured home in
alignment in the front yard with already -existing homes up and down 6t' Avenue.
E. Granting of the variance will not be materially detrimental to the public health, safety or
welfare. Staff finds this condition to be TRUE. As has been previously stated, the
Eire Department feels approving this request will enhance public safety and
already -existing homes are approximately seven feet from the front property line
on similar properties.
VI COMPREHENSIVE PLAN ANALYSIS
6.1 The Planning and Zoning Commission found the variance request to be consistent with the
following Comprehensive Plan Components:
A. Property Risahts -
GOAL: To ensure that land use policies, restrictions, conditions and fees do not violate
property rights, adversely impact property values or create unnecessary technical limitations
on the use of the property.
OBJECTIVE B: To identify potential takings of private property prior to a regulatory or
administrative action on specific property.
POLICY 1: Staff will follow the Attorney General's Checklist Criteria outlined in the Idaho
Regulatory Taking Act Guidelines prior to initiating any proposed regulatory or administrative
action on specific property, and to request legal counsel's review if any one of the criteria is
answered in the affirmative. Staff reviewed the five criteria outlined in the Takings Act
Guidelines and did not answer yes to any of the criteria.
B. Land Use --
GOAL I: To establish land -use management policies that protect property rights and the
environment, maintain a high quality of life, provide adequate land for all types of
development, and adequately buffer non -compatible uses.
OBJECTIVES APPLICABLE TO ALL LAND USES:
OBJECTIVE A: To guide the growth and development of land uses in such a way that the
health, safety, and general welfare of residents will be protected.
C. Housinsa —
OBJECTIVE A: To support an open housing market free from discrimination.
POLICY 1: Promote infill development.
Case Number VAR-36-08 (Adams Variance) Page 4 of 5
ORDER OF DECISION
f
6.2 The variance request is not inconsistent with any components of the Comprehensive Plan.
Staff recommends approval of this request.
VII FINDINGS OF FACT
7.1 The Planning and Zoning Commission accepted the general facts outlined in the staff report,
public testimony, the evidence list and facts brought forward during public testimony.
7.2 Findings on the Variance criteria:
A. — TRUE
B. —TRUE
C. — TRUE
D. —TRUE
E. — TRUE
VIII CONCLUSIONS OF LAW
8.1 The Planning and Zoning Commission has the authority to hear this case and order that it be
approved or denied. The public notice requirements were met and the hearing was conducted
within the guidelines of applicable Idaho Code and City ordinances.
Ix ORDER OF DECISION
9.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell Planning and Zoning
Commission hereby orders that Case No. VAR-36-08, a request by Betty Adams for a
variance to reduce the front yard/street yard setback from twenty (20) feet to seven (7) feet, is
approved with the following conditions:
9.2 No permanent buildings or structures shall be placed on, in, over, under, through or across
any easements.
9.3 All separation requirements of the Fire Department and Building Department shall be met.
CASE NUMBER VAR-36-08 WAS HEARD BY THE PLANNING AND ZONING COMMISSION AT A
PUBLIC HEARING HELD SEPTEMBER 9, 2008.
THE FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER OF DECISION WERE
ADMINISTRATIVELY APPROVED AND SIGNED BY THE PLANNING AND ZONING CHAIRPERSON
ON THE DATE NOTED BELOW.
ATTEST:
ate
Case Number VAR-36-08 (Adams Variance)
ORDER OF DECISION
5 rage of5
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CALDWELL PLANNING AND ZONING COMMISSION
MINUTES
September 9, 2008
1_ Call to Order —Chairperson Jakobson called the meeting to order for the public hearing
at 7-00 p.m
II. Roll Call —
Members Present: Mike Jakobson, Gene Shaffer. James Runsvold. Scott Wallace. Bette
Tollman
Disclosures: None
Members Absent: Geoff Oldenkamp
Staff Present: Anne Marie Skinner (Senior Planner). Brent Otton (City Engineer). SaN alma
Davis (Secretary)_ Brian Billingsley (Planning Director)
Review of Proceeding -Chairperson Jakobson ataiounced the procedures for the public hearing.
VI. Old Business
A. Approve minutes of August 12. 2008_ MOTION- Commissioner Runsvold SECOND:
Coirunissioner Runsx-old. Passed: Unanimous roll call tote n-ith the exception of
Conunissioner Shaffer
VII. NEW BUSINESS
B. Case Number VAR-36-08 a request by Betty Adams for a variance of the front
yard/street yard setback requirement from 20 feet to 7 feet. The site is addressed as 523
E. Elgin Street.
Testimony:
1) Anne Marie Skinner, Senior Planner, presented the staff report and submitted
an aerial map of the subject site labeled as PZ-1000.
2) Commissioner Shaffer asked how many existing manufactured homes have a
variance
3) Ms. Skinner stated there were none to her knowledge
4) Trula Carrow, signed as the applicant's representative and stated supporting
testimony_
Planning and Zoning Commission Minutes Page ] of 3
September 9, 2009
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D. Case Number ACI-02-08 a request by the City of Caldwell to expand its area of
impact boundary south to Lone Star Road. Several large tracts of land in this region
have already been annexed into the City of Caldwell. The purpose of this area of
impact expansion is to plan for future infrastructure and land use for the remainder of
said region.
Testunonv:
Brian Billingsley, Planning Director, presented the staff report, explained the
requested changes to the Impact Area and submitted a revised staff report
labeled as PZ-1000, a letter from City of Nampa labeled as PZ-1001 & a
memo from Brent Orton labeled as PZ-1002.
Commissioner Shaffer inquired about the sewer in the area of the Impact
Area Expansion.
Brent Orton addressed the commission and explained the Engineering
Departments master plans for the subject area.
Recommendation on Case No. OA-105-08 - MOTION: Commissioner Runs old SECOND
Conunissioner Tolllman . The Commission t oted unanimously to recommend Approval.
11I. Planning Issues
Brian Billingsley informed the Commission of the Comprehensive Plan update and
the Master Public Trails Plan.
IV. Adjournment
Adjourn public hearing MOTION. Commissioner Runsvold SECOND: Commissioner Wallace
Passed: Unanimous roll call vote. The meeting \-,-as adjourned at 8-30 pin.
MINUTES APPROVED AND SIGNED BY CHAIRPERSON MIKE JAKOBSON ON THE
DATE NOTED BELOW:
ML Jakobson Date
ATTEST
Planning K Zoning Director
Planning and Zoning Commission Minutes Page 3 of 3
SePtember94 2008
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The Tremuire nf[be Walley
Caldwell Planning & Zoning Commission agenda for Public Hearing on
Tuesday, September 9, 2008 at 7:00 p.m., in the Community Room, Caldwell
Police Department, 110 South 5th Avenue, Caldwell, Idaho.
AGENDA
I. Call to Order
11. Review of Proceedings
III. Old Business
A. Approve Minutes of August 12, 2008 meeting.
IV. New Business
A. Case Number VAR-36-08 a request by Betty Adams for a variance of the
front yard/street yard setback requirement from 20 feet to 7 feet. The site is
addressed as 523 E. Elgin Street.
B. Case Number SUP-316-08 a request by Dazi Auto LLC and Yesco Outdoor
Media for a special use permit for a used automotive/equipment storage and
sales yard and an off -premise sign/billboard in an M-1 Light Industrial zone.
The site is addressed as 4022 E. Linden Street.
C. Case Number OA-105-08 a request by the City of Caldwell to adopt a Public
Facilities Plan and Future Acquisitions Map. The plan is intended to become
a guide for the location and placement of future public buildings.
D. Case Number ACI-02-08 a request by the City of Caldwell to expand its
area of impact boundary south to Lone Star Road. Several large tracts of
land in this region have already been annexed into the City of Caldwell. The
purpose of this area of impact expansion is to plan for future infrastructure
and land use for the remainder of said region.
V. Planning and Zoning Issues.
Vl. Next Planning & Zoning Commission Public Meeting Date: November 11,
2008.
NOTE: The meeting regularly scheduled for October 14, 2008 has been
cancelled.
Vil. Adjourn
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