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HomeMy WebLinkAboutOrville Collins for John H. Ashman Oak Street VariancePLANNING AND ZONING CONIIVIISSION STAFF REPORT Meeting of 15 July, 1993 TO: Planning and Zoning Commission FROM: Planning and Zoning Department REQUEST: Variance to allow a division of property to create one parcel of record which does not satisfy the minimum lot frontage requirement of b0 feet (a frontage of 28 feet is being proposed). APPLICANT: Orville Collins for John H. Ashman LOCATION: The subject properly is located at the northern terminus of Parker Street approximately 150 feet north of West Oak Street. The subject property also has street frontage on Kimball Avenue approximately 150 feet north of West Oak Street. LEGAL DESCREMON: A parcel of ground located in the NE 1/4 of the SW 1/4 of the SE 1/4 Section 28 T4NR3W of the BOISE MERIDIAN. LEGAL REO 1. Notice of public hearing mailed to property owners within 300 feet of the subject property. 2. Notice published in official newspaper. 3. Notice of application posted at property in accordance with State Law. 4. Agenda posted 48 hours in advance of hearing date. S. Public hearing set for July 15, 1993. PROPERTY CHARACTERISTICS: 1. The property is zoned R 1 (Single Family Residential). 2. Comprehensive Plan Land Use Designation is Low Density Residential STAFF REPORT - P.1 John H. Ashman 3. Surrounding properties are zoned R-I. 4. Predominant surrounding land uses consist of single family residential development. EVALUATION: A variance application has been filed in accordance with Section 6-4-5 of the Caldwell Zoning Ordinance. The Commission is required by ordinance to consider variances of the zoning title which will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the Zoning Title will result in unnecessary hardship. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon showing of undue hardship because of the characteristics of the site. Criteria for reviewing variances as contained in the Zoning Code is as follows: 1. 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 the zoning. 2. That there are exceptional or extraordinary circumstances or conditions, applicable to the property involved, or the intended use thereof, which do not generally apply to the property or use in the district so that denial of the relief sought will result in: (a) Undo loss in value of the property; (b) Inability to preserve the property rights of the owner; (c) The prevention of reasonable enjoyment of any property right of the owner. 3. 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 enjoyment of such property or improvement. The subject parcel has a street frontage on two sides one being eighty feet and the other being twenty-eight feet and is 265 feet deep. This proposal seeks to create two lots with one lot being approximately 170 feet deep and 80 feet wide and the other being 95 feet deep and 80 feet wide with 28 feet being street frontage on Parker Avenue. One lot on Kimball Avenue would meet the minimum required street frontage of 60 feet; however, the other would not meet the required 60 feet street frontage width as prescribed in Section 6-2-1, Table 2 of the Zoning Ordinance. Each lot, however, would exceed the 6,000 square foot requirement since one parcel would be 7,599 square feet and the other would be 13,650 square feet. STAFF REPORT - P.2 John H. Ashman In evaluating this request, it would appear that there is special circumstance peculiar to the property which render the property unique from other properties in the area in that it is substantially larger than adjacent properties. Additionally, this area is different from other typical R-1 zoning districts areas since it has developed incrementally over a period of time as opposed to being developed through the plated subdivision process. Thirdly, since the proposed lots greatly exceed minimum lot sizes, granting of the variance would be in compliance with the Comprehensive Plan and would not effect a change in zoning. RECOMMENDATION: Approve the Variance VARIANCE TERMS OF APPROVAL FOR THE CONSIDERATION OF THE PLANNING AND ZONING COMIIU MON: 1. That the Variance is granted for a division of property to create two lots of record, with one Iot having 28 feet of street frontage on Parker Avenue and being 7,599 square feet in size and the other having 80 feet of street frontage on Kimball Avenue and being 13,650 square feet in size as per Exhibit A. 2. That the Variance is non -transferable from one property to another. 3. Must be renewed annually if approved use is not inaugurated within one year of the date of approval. 4. That all minimum setback requirments for existing principal and accessary structions on the subject property shall be satisfied. Prepared by Ed Christopher Assistant Planner ATTAQ II EDM: A. Location map B. Site Plan STAFF REPORT - P.3 John H. Ashman i0 1-1-7 14,44' N !1 N rd l 13' 74.43' 0 n 9 2' T4.43' N. N N N Pi l o 2' 74.4 2' 12' 74.42' N N N I � so' 311111111 1 3 2' I-.... .. yyµ-i.. -. •... _ . M- . _'tie .- 76.42' 7e.:.' To. 41' To.41' To. 41' •le 70.4te 76.41' eN • � N " 8 N ti 7 6 "' 5 ti = 4 N '" 3 in 76.4n` 76.40' 7e.40' 76.40' 76.40' Ta.4o' 7e 40' WEST HA� E 1 1 76.41' 76.40` T0.40' 7a.40' T6.40' l 76.40' 76.4D' 7e.40' N N a • ± A N n 9 10 11 = 12 13 "- 14 15 16 70.40' 1 Te.39' 1 Ta.3!' I 7e.3f' 76.!!' Te.39' 7e.39' ' 7439' 1 a 76.40' 76.39' 76.39' 76.39' 76.32' 76.39' T6.39' 71011 N N n w e t` '• 8 7 6 5 4 3 2 1 76.39' 76.39' 7e.3a' 7a.le' 76.3e' 73.D9' 7e.3a' Ta.'1!' 13 2' 32E T3 Oe- ee' 32G N 32F T 3A-1 i 3A ©I. le tqA • • 23 I 71' lost 7.�'�z $ �j- 7.13 .E a� a 33G T6 �,� T9 Thls Map is MWhad for fits pur- , a d lhes gas a� ftA 3C3 sD 33Bfor valiallons, If any.4 T10 �� PCs, T8 • 33K /I WEST OAK STREET �: T I Q i�� 3Z 1 137.47' A 140.31' 33H • W.: 32H N T4 �Ac/- E C1 • WEST a ASH late ls*t- /.2O, N 3213 32A All Cl z e� ° 32C� j c 4 T2 ` a c U6 ¢' _ 32D IL PLANNING AND ZONING DEPARTMENT (Gtg Of QCalDtuell 621 CLEVELAND BLVD. CALDWELL, IDAHO83605 TELEPHONE 455aM FAX 455.3003 Plaaoe rota: Now phone number - 4554Ml CALDWELL PLANNING AND ZONING COMMISSION ACTION REPORT Meeting of July 15, 1993 C1. DENNIS E. CROOKS Olanning a zonhv a em WHEREAS, the Caldwell Planning and Zoning Commission on July 15, 1993, considered an application for a variance to allow a division of property to create one parcel of record that does not satisfy the minimum lot frontage requirement of 60 feet (a frontage of 28 feet is being proposed). The subject property is located at the northern terminus of Parker Avenue approximately 150 feet north of West Oak Street. The subject property also has street frontage on Kimball Avenue approximately 150 feet north of West Oak Street. WHEREAS, the Caldwell Planning and Zoning Commission, after considering public testimony presented by interested persons and reviewing the particular facts and circumstances, determined that the variance should be granted, subject to the following conditions: That the Variance is granted for a division of property to create two lots of record, with one lot having 28 feet of street frontage on Parker Avenue and being 7,599 square feet in size and the other having 80 feet of street frontage on Kimball Avenue and being 13,650 square feet in size as per Exhibit A. 2. That the Variance is non -transferable from one property to another. 3. Must be renewed annually 0 approved lot split authorized by the Variance is not recorded. 4. That all minimum setback requirements for existing principal and accessory structures on the subject property shall be satisfied. 5. A deferral agreement must be signed, recorded and returned to the Engineering Department stating the property owner and/or future owners will participate in an LID for street improvements; curb, gutter, sidewalk, roadway excavation, base gravel, asphalt and drainage improvements at such time as the City deems it appropriate to form an LID. VARL%NCE - 2100 BM PARiMR AVE. AMON - P.1 6. A 10 foot irrigation, drainage and utility easement shall be granted to the City along the West and South property lines of the original parcel. 7. An additional 15 feet of right-of-way for Kimball Avenue shall be deeded to the City to allow for a 40 foot half right-of-way along Kimball. The additional 15 feet is to be deeded along the East property line of the original parcel. FINDINGS OF FACT/CONCLUSIONS OF LAW: 1. An application for a Variance was properly tiled in accordance with the provisions of Section 6-4-5(B) of the Municipal Code. 2. The legal requirements were done in accordance with the procedures outlined in Section 6-4-5(C) of the Municipal Code. Legal notice of the Variance application and public hearing was published in the focal newspaper. Adjacent property owners were notified of the public hearing and notice was posted on the premises not less than one week prior to the public hearing. Meeting agenda was posted not less than 48 hours in advance of the hearing in accordance with State Law. 3. 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. 4. Public testimony was provided in support of the variance application by the applicant. 5. Opposing testimony was offered citing a desire to retain the rural character of the area, questioning emergency vehicle access, location of adjacent residences, conformance with the Comprehensive Plan, and potential increase in traffic movement. 6. The Caldwell Planning and Zoning Commission conducted a full investigation of the variance and the necessary criteria for the granting of a variance in accordance with Section 6-4-5(A) of the Zoning Ordinance. 7. The Caldwell Planning and Zoning Commission in considering and ultimately approving the variance application, concluded the following: a) There were exceptional circumstances associated with the property including the history of the area in that areas surrounding the property were subdivided incrementally over a period of many years which has resulted in a unique pattern and distribution of lots and also public rights -of -way that provide access to the various lots. b) The subject property is unique and different from other typical properties in the R- 1 zoning district in that it is substantially larger in area and configuration. c) Granting of the variance would not be in conflict with the Comprehensive Plan. VARIANCE - 2100 BUL PARKER AVE. ACTION - P2 d) and that one (1) additional dwelling unit in the area would not result in a substantial increase in traffic. e) Since the area of the parcel created by the Variance would greatly exceed the minimum lot size in the R-1 zoning district, granting of the variance would not effect a change in zoning or convey a special privilege to the applicant. f) The ability to subdivide the subject property was determined to be a reasonable expectation and enjoyment of property rights. Increasing urbanization of this area has placed additional maintenance and tax burdens on the subject parcel which can be construed as a hardship. g) The length of frontage is adequate to provide an acceptable means of driveway access to the proposed lot and can also accommodate emergency vehicle access. Thus, granting of the variance would not create a situation that would affect public safety and welfare. The applicant is advised of the 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 July 15, 1993 Prepared by, Dennis Crooks Planning and Zoning VARIANCE - 2100 ULK. PARKER AVE. ACTION - P3 78.42' 76 76.41 76. 4i76,4! ra ,l ra ,r rv. v� I - O •N Or O N � m — N ,on, 8 ^ 7 "' 6 '^ 5 "— 4 3 2 ^ I 1� l 74.43' 70.41' 76.4n' 76 40' Te.40' 76.A0' 76. 40' 7e 40' 76,40' 9 WEST HA E1 1 74 4 3' N N N N ^ 10 i' 74.42' 2' T4.42' N N N N (A so' !' T4.41' 14 6' 31A T1 T6 41` T6 40' 76 40' 76 40' 76.40' 74 40' r6.40' 70.40, N N - 9 10 it 12 13 14 ^ 15 16 76.40' 76.39 To. 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