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A
BEFORE THE PLANNING & ZONING COMMISSION
CITY OF CALDWELL, IDAHO
PUBLIC HEARING HELD SEPTEMBER 9, 2008
To: Caldwell Planning and Zoning Commissioners
From: Anne Marie Skinner, Senior Planner
Subject: Staff Report — Case No. VAR-36-08 (Adams Variance)
Date: September 4, 2008
THE FOLLOWING LAND USE ACTION IS THE PRIMARY FEATURE OF THIS APPLICATION:
• A REQUEST BY BETTY ADAMS FOR A FRONT/STREET YARD SETBACK VARIANCE
FROM 20 FEET TO 7 FEET FOR THE PLACEMENT OF A MANUFACTURED HOME.
TABLE OF CONTENTS:
I COURSE OF PROCEEDINGS
II GENERALFACTS
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 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)
Planning and Zoning Commission Staff Report
Pagel of 5
J
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 6th 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 6th 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
Case Number VAR-36-08 (Adams Variance) Page 2 of 5
Planning and Zoning Commission Staff Report
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only be an aesthetic benefit but a vital life -safety benefit. Various existing structures on 6"
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.
Building 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.
III TESTIMONY BEFORE THE PLANNING & ZONING COMMISSION, SEPTEMBER 9, 2008
3.1 Reserved for Planning & Zoning Commission.
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.
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
Case Number VAR-36-08 (Adams Variance) Page 3 of 5
Planning and Zoning Commission Staff Report
r
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
Fire 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 ►ANALYSIS
6.1 The variance request i consisten ith Comprehensive Plan Components:
A. Property Right
GOAL: To ensure that land u polici s, restrictions, conditions and fees do not violate
property rights, adversely impact p ert 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. Housina —
OBJECTIVE A: To support an open housing market free from discrimination.
POLICY 1: Promote infill development.
6.2 The variance request is not inconsistent with any components of the Comprehensive Plan.
Staff recommends approval of this request.
Case Number VAR-36-08 (Adams Variance) Page 4 of 5
Planning and Zoning Commission Staff Report
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r
VII FINDINGS OF FACT
7.1 The PlanTP Ing and Zoning Gok- nksion pts:
report; 2) Public _to`tim ny; 3she en6e list
.testimonyC!,�
7.2 Findings on the anance criteria:
A. — TRUEIFALSE
B. — TRUE/FALSE
C. — TRUE/FALSE
D. — TRUE/FALSE
E. — TRUE/FALSE
VIII CONCLUSIONS OF LAVA f
8.1 The Planning and Z ing Commisti
approved or denied. Th ublic notice rn
within the guidelines of ap ' able Idaho
IX ORDER OF DECISION
1) The general facts outlined in the staff
and facts brou t f ward during public
authority to hear this case and order that it be
ents were met and the hearing was conducted
and City ordinances.
9.1 Based on the Findings of Fact .2r11Conclusions of Law, the Caldwell Planning and Zoning
Commissi hereby orders fiat Ca". VAR-36-08, a request by Betty Adams for a
qnE
e t red ce the front yard/street yard back from twenty (20) feet to seven (7) feet, is
1 ed {conditions of approval be added, modified or deleted as
the Planning And Zoning Commiss n}.
9.2 No permanent uildings or struct s shall be placed n, 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-56-08 (Adams Variance) Page 5 of 5
Planning and Zoning Commission Staff Report
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AFFIDAVIT OF PUBLICATION
STATE OF IDAHO )
) SS.
County of Canyon )
Marissa McNeal
of Nampa, Canyon County, Idaho, being
first duly sworn, deposes and says:
tb 100821 06558600
1. That I am a citizen of the United States,
1 Caldwell, City of
and at all times hereinafter mentioned
Legal Account
was over the age of eighteen years, and
PO Box 1179
not a party to the above entitled action.
Caldwell ID 83606
2. That I am the Principal Clerk of the
Idaho Press -Tribune, a daily newspaper
published in the City of Nampa, in the
County of Canyon, State of Idaho; that
the said newspaper is in general
circulation in the said County of
Canyon, and in the vicinity of Nampa
and Caldwell, and has been
uninterruptedly published in said
County during a period of seventy-eight
consecutive weeks prior to the first
publication of this notice, a copy of
which is hereto attached.
3. That the notice, of which the annexed is
a printed copy, was published in said
newspaper 1 time(s) in the regular
and entire issue of said paper, and was
printed in the newspaper proper, and not
in a supplement.
4. That said notice was published the
following:
08/25/2008
C
STATE OF HO )
County of Canyon )
On the Oday of in the year of _91V
before me, a Notary u tc, personally appeared.
Marissa McNeal,
known or identified to me to be the person
whose name is subscribed to the within
instrument, and being by me first duly sworn
L. TNo•, declared that the statements therein are tru and
to me.that he/she executers the. e
PUBE,IC WARM NOTfCE --- -
NOTICE IS HERESY GIVEN That the Caldwell of p-Plenning itr 2?o,�ng Ca�nrnls� ip1� s�J71 conduct a �]ublic hearing an Tuesday, �
7=43x m, in the C.Wv runity Room the Caldwell Pak* f3opartrnent, 110 S, S':n AvAar.ue. Catdweli, l@aho in order to hear the 'nka rMjmber 9, 2008, ar
Case Number ACI -O8 a requesi nude by the Uy o? Caldweq to panel ins area of impact tl0uir�iy saudh IO Lame Star Road. Several lame
Uabcts of land n this region have already bean an nexed lnlo the Coy of C**WOIl, The pkirpa$O of this $raja of impUI exparr5
bast mIum and land use loan the reraWndar of said region, i4a1 is !o p19n for lulure in
-
Case Number VAR-WO8 a request by BaPY Adams for a vMjance of the rear yard Se# !R Irorrr 76 leel to 5 feet due to a nnnconlarroing loi of re-
Md, The sale is addmssad as S23 E. Elgin"
Case lees and exhiblts resalh+e to 1W inquest are on ills at the Caldwell Planning and Zanng DePialrimeol located at 621 Cleveland SW Rues are
eivsA" for re+rlew during Me hours of &oo a-m. W S:t7iD P.M. Mprrdgy thrpKgh For
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The Trea<urre nl'fbe Valley
NOTICE IS HEREBY GIVEN that the Caldwell Planning & Zoning Commission will
conduct a public hearing on September 9, 2008, at 7:00 p.m., or as soon thereafter as
the matter may be heard, in the Community Room of the Caldwell Police Department,
110 S. 5th Avenue, Caldwell, Idaho in order to hear the following:
Case number VAR-36-08 a request by Betty Adams for a variance of the rear yard
setback from 15 feet to 5 feet due to a nonconforming lot of record. The site is addressed
as 523 E. Elgin.
You are being notified because Idaho Code, 67-6509, Local Planning Act 67-6509,
requires notice of this public hearing to be provided to all political subdivisions providing
services to the site and to all property owners or purchasers of record who own property
within 300 feet of the subject area. Correspondence regarding the proposal is to be
submitted to the Planning & Zoning Department no later than five (5) working days
prior to the public hearing. Public testimony will be taken at the hearing and made a
part of the record.
Case files and exhibits relative to this request are on file at the Caldwell Planning &
Zoning Department and are available for review during the hours of 8:00 a.m. to 5:00
p.m. Monday through Friday. Further information can also be obtained by calling 455-
4662 and by leaving a message if after-hours. Information can also be requested by
emailing Anne Marie Skinner at amskinner0ci. caldwell. id. us or faxing her at 455-3050. A
person who is visually andlor hearing impaired, or needs an interpreter should contact
the City at least 24 hours prior to the hearing.
SUGGESTIONS FOR TESTIFYING AT PUBLIC HEARINGS
1. Remember your objective ... It is your objective to persuade the decision makers to vote or decide
in favor of your side of the issue. It will not help your cause to anger, alienate or antagonize the
decision makers who are listening to your presentation.
2. Show your strength —Many neighborhood groups have organized their testimony by having one
or a few people speak on behalf of the group. The leader will ask those in the audience supporting
the testimony to stand. This conveys to the decision makers the seriousness with which the issue is
viewed by the attending parties.
3. Speak to the point ... Public officials have heard hundreds of people give testimony. They are
grateful when the testimony is pertinent, well organizers, and directly regards the matter at hand.
Long stories, lectures or philosophy, abstract complaints about generalities, or redundant testimony
are usually a poor use of time.
4. State your recommendation.
5. Be informed.... Get a copy of the plan being heard, the staff report, the proposed ordinance, or
other pertinent material. Then read it and plan your comments accordingly.
6. If you don't wish to speak, write it down... and submit it prior to the hearing. If written testimony
is specific, to the point and concise, it will be given as much attention as oral testimony.
7. Be reasonable....Put yourself in the shoes of the decision makers. They must balance all points of
view, interests and proposals being made, and find the best course for the overall public good.
While. Be prepared to compromise.
QaSseaYF
AMERICA
City Hall • 411 Blaine St • P.O. Box 1179 • Caldwell, Idaho 83606 • (208,1 455 3000 • FAX: { 208` 455.3003 • w w w . c i t y o F c o I d u e I I _ cr. rn n /1
Re:
City of Caldwell
621 Cleveland Blvd. r
Caldwell, ID 83605 Ilw - r e.
208455-3021 • fax (208) 455-3050
From:
Pages:
Date:
CC:
❑ Urgent 0 For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
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NOTICE IS HEREBY GIVEN that the Caldwell Planning & Zoning Commission will
conduct a public hearing on Tuesday, September 9, 2008, at 7:00 p.m. in the
Community Room of the Caldwell Police Department, 110 S. 5t" Avenue, Caldwell, Idaho
in order to hear the following:
Case Number ACI-02-08 a request made 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.
Case Number VAR-36-08 a request by Betty Adams for a variance of the rear yard
setback from 15 feet to 5 feet due to a nonconforming lot of record. The site is addressed
as 523 E. Elgin.
Case files and exhibits relative to this request are on file at the Caldwell Planning and
Zoning Department located at 621 Cleveland Blvd. Files are available for review during
the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday. For any further information,
please call 455-4662. A person who is visually and/or hearing impaired or needs an
interpreter should contact the City prior to the meeting.
PUBLISH DATE: Monday, August 25, 2008.
�'� -�� - L
rd
MEMO
Date:
To:
From:
RE:
August 26, 2008
Tim King, Engineering Department
Dennis Wilson, Fire Department
Adele Adams, Building Depart
Anne Marie Skinner, Senior PIS
Caldwell P & Z Department
Case No. VAR-36-08
Attached please find a land use application that you are invited to
review. This case is scheduled to be presented before the Caldwell
Planning & Zoning Commission on Tuesday, September 9, 2008
at 7:00 pm.
Case Number VAR-36-08 a request by Betty Adams for a variance of the
rear yard setback from 15 feet to 5 feet due to a nonconforming lot of
record. The site is addressed as 523n E. Elgin.
You are welcome to review the attached application and provide written
input. I request that you e-mail any comments to me as soon as
possible but no later than Wednesday, September 2, 2008.
E-mail: amskinner@ci.caldwell.id.us
I will assume that you have no objections or concerns if you do not
reply to this request. If you have any questions, you may contact me at
455-4662.
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PUBLIC HEARING REQUEST FOR AGENCY
RESPONSE CHECKLIST
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City Council
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Case Name. Mailing Date-- —
Hearing Date
Publish Date -
Post Site Date&--Cj(��6�1
EncliMrinci Department
Fir D t
Building De rtmen
() Police Department
SCHOOL DISTRICT
{) Caldwell School District
Vallivue School District _
IRRIGATION DISTRICT
() Pioneer Irrigation District
{) Riverside Irrigation District
O Canyon Hill Irrigation District
() Black Canyon Irrigation District
() Golden Gate Irrigation District
{) Caldwell Lateral Irrigation District
{) Wilder Irrigation District
Other Irrigation District_
TRANSPORTATION
() Caldwell Transportation
( Brown Bus Comoan ry
Canyon County Developmej Services
HIGHWAY DISTRICT
{) Canyon Highway District #4
am.Highway_District #1
[ 1 Boise Proj Board of Control
[ 1 Southwest District Heatth
f l Idaho Transportation Department
f ] Idaho Power
f 1 Intermountain Gas
f 1 DTG Maps- Final Plats
f 1 Other
f) Other
[ i Other -
Address List Verified by
- Z16
Public Agency Responses by
Docket Date �% A — m,
Mail Public Agency Memos by:
If site is in vicinity of water body:
() Bureau of Reclamation
() Corps. Of Engineers
() Department of Water Resources
() Idaho Fish and Game
If site is in vicinity of Boise River:
() Bureau of Land Management
If site is a gravel pit:
O Department of Lands