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HomeMy WebLinkAboutDOCUMENTS - 07-00047 - 55 W 2nd N - Variance for Front Yard for ParkingL � Application for Variance City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 OF gEXB(JgC CITY OF R.EX Americas Family Community Fee(s) Paid: Yes /No Fee: $300.00 Applicant Name: City: State: Address: Owner (Complete if owner not applicant) Name: City: _ Address: State: Property Covered by Application: Address: Zone: Legal Description (Lot, Block, Addition, Division Number) Phone: Phone: Nature of Request (B riefly explain the proposed use) �vs�o.� &L75 Pao lc� �Ut {o� N� P�o� � SPoC-6 S Existing use of property: 1 • 9 Requirements for Granting Variance The following conditions must be fulfilled before a variance can be granted by the Planning & Zoning Commission. Showing that a variance is profitable or desirable for the owner and no harm will be done to others is not sufficient. Below each requirement explain why your request conforms: 1. The need for a variance results from physical circumstances of the property. Such circumstances generally include size, shape, topography, location, or surroundings of the property and do not apply to other properties in the same zone. 2. Failure to obtain a variance will result in undue hardship to the applicant. Fro , -rC� 72 © ,J >I nf� J W L L L ( Cc�LZ �J �4 2F1�(JG7"cl�i� r9U Q2 i��� �i0 �S r� En. S UO�I �4P1°2Dd�v 3. The alleged hardship has not been created by the action of the property owner or applicant, e.g. applicant did not reduce size of lot by prior sale. ' V"6 E tiE ALi4� G .szzE P AAA1 & &4p4,a / ,f L- 4. Approval of the variance will not be in conflict with the interest of the neighborhood or public interest in general. The Commission or Council may address other points than those discussed above, but a narrative addressing at least those applicable points will assist in processing your application. A PLOT PLAN MUST BE ATTACHED IN ORDER TO PROCESS THIS APPLICATION. Included on the plot plan setbacks, parking, etc. Signature of Applicant Date 14 - =r ..• ;.YN � . €3SS VIEN rnd ILA E.A dSS'+1F \. husbas.d i rid wife :.,e grar er(s), do(es; hereby grant, bargain, sell End convey onto EAST ERN 1DAHO SPECIAL SERVICES AGENCY. INC. whose current address is P.O. BOX 51098 IDAHO FALLS, IDAHO 83405 the grantee(s), the following described premises, in Madison County EDAHO, to wit: COINEVIENCING AT THE NORTITEAST CORNER OF LOT 2, BLOCK 23 OF THE ORIGLNAL REXBURG TO'F'IiNSITE, IN THE CITY OF REXBURG, 1VfADISON COUNTY, IDAHO, AS PER THE RECORDED PLAT THEREOF, AND RUINTNTVG THENCE WEST 5 RODS, AND 6 FEET; THENCE SOUTH 15 RODS; THENCE EAST 5 RODS, AND 6 FEET; THENCE NORTH 15 RODS TO THE PLACE OF BEGIN NING., SL.JECT TO A RIGHT OF WAY FOR AN IRRIGATION DITCH ALONG THE EAST SIDE OF SAID TRACT NOT TO EXCEED TIIE WIDTH OF 6 FEET. TO HAVE AlN'D TO HOLD the said premises, with their appurtenances unto the said Grantee , heirs and assigns forever. And the said Grantor do hereby covenant to and with the said Gran ee(s), that (s)he is/are the owners) in fee simple of said premises; that they are free from all encumbrances Except: Subject to all existing patent reservations_ easements, right of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations. and that (s)he will warrant and defend the same from ail lawful claims whatsoever. Dated: June 18,1998 v� V 1 L NN SMEN ILA .IEA?G OSSME\ SIATE IuAFO COUNTY OF HADISON On this 23RD day of JUNE ' 1998 before me, a Notanr Public in and for said State, personaliv appeared LIVNI' V. OSSMi EN 'LA JEAN OSSMEN known, c nee to bu the person(s) :: hose urare(s) siibscnbcd to ine :. >tiiin instnir,•:ents and ackn( lodged me :hilt the - executed the Sl:elie. i10I,av J':l€?iG KCStut:i� at RI ='+�' _ COMM: fixp I/ 11 2002 272901 • Findings of Fact City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 OE gEX B [/,P CITY OF REX America's Family Community Head Start Building 55 West 2nd North Variance 1. On February 13, 2007, The City of Rexburg requested and applied for a Variance for the Head Start Building located at 55 West 2" North to be allowed to park in the required setback. 2. On February 23, 2007, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper for February 27, 2007, and March 10, 2007. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 3. On March 15, 2007, Gary Leikness presented to the Planning & Zoning Commission for the City of Rexburg the Request for a Variance for the Head Start Building located at 55 West 2" North to be allowed to park in the required setback. David Stein motioned to grant the variance for 55 West 2 °d North with the following conditions: 1. Should the site be redeveloped in the future, i.e. the building is removed and the site reconfigured, this variance shall not apply and all City standards in place at that time shall be observed. 2. Proposed landscaping shall be completed by June 1, 2007. This shall include landscaping the front, side, and rear yards. 3. Trash receptacles shall be screened. Installation shall be complete by June 1, 2007. 4. All other outstanding issues with regards to site development shall be completed prior to the issuing of a final Certificate of Occupancy. 5. A landscape plan be submitted and approved by the city that addresses the retaining wall and the screening of the parking. Ted Hill seconded the motion. Randall Porter suggested a condition that the lighting standards be adhered to. David Stein amended his motion to include that the lighting standards shall be adhered to. Ted Hill seconded. None opposed. Motion carried. Planning and Zoning Department STAFF REPORT 12 North Center garyl@rexburg.org Phone: 208.359.3020 x314 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3024 IUXBURG America's Family Community SUBJECT: Variance Request, file # 07 00047 APPLICANT: City of Rexburg PROPERTY OWNER: Eastern Idaho Special Services 357 Constitution Way Idaho Falls, ID 83405 PURPOSE: To allow parking spaces within the required front yard setback. PROPERTY LOCATION: 55 West 2 nd North Rexburg, ID 83440 PROPERTY ID: RPRRXB10230130 COMPREHENSIVE PLAN: Moderate -High Residential Density ZONING DISTRICT: High Density Residential 1 (HDR1) APPLICABLE CRITERIA: City of Rexburg Development Code (Ordinance Code 926) § 6.12 Variances AUTHORITY § 6.12 "The Planning & Zoning Commission may authorize variances or modifications from the provisions of this Ordinance as to... setbacks, parking spaces... " I. BACKGROUND Recently, the property owner requested a final inspection for a new building and use located 55 W 2nd North and was denied the issuance of a Final Certificate of Occupancy (CofO) due to parking spaces being located within the required front yard setback. During the final inspection process for a new building, the City and other agencies visit the site and confirm that all development standards are adhered to and that previously approved plans are also adhered to. One of the inspections included in this final stage of a project being completed is the site inspection performed by the Planning and Zoning Department. During this inspection, attention is given how the site has been developed and how closely it resembles the submitted and approved site plan. During the Planning and Zoning Department inspection of the subject property staff noticed Case No. 07 00047 Page 1 that the parking configuration and the maneuvering area deviated from the site plan found in the project file at City Hall. When a project is found to deviate from the approved site plan, staff will require the applicant to modify the site to adhere to what has been previously approved, or if it can be shown that the new layout (as built) can still meet all of the standards, staff can approve the new layout. In the case of the Head Start building, it was determined that the parking lot configuration, as constructed, violated the City's Development Code in that parking spaces were located in the required front yard setback (see Dev. Code §5.6). Staff was therefore unable to approve the modification to the site plan that was on file. When the property owner was informed of the situation, it was brought the City staffs attention that the owner was using a different site plan that they had understood was approved by the City. Staff requested that the property owner submit this plan to see if we had approved it. After reviewing the plan and discussing with the property owner, it was discovered that during the original site plan review process, the applicant was required to address several issues regarding maneuvering area for emergency vehicles. In an attempt to resolve the issues, the property owner worked with the Fire Department. The Fire Department reviewed the resubmitted plan and found that it adequately addressed the concerns expressed previously to the property owner. What failed to happen was that this new site plan that addressed the Fire Department's concerns did not make it to the Building Department or Planning and Zoning Department for further review. If it had been reviewed by the department, the parking encroachment, which is the subject of this variance request would have been discovered and addressed. The crux of the problem is that the property owner had been using a site plan to develop the site that they understood to have been approved by the City. Based on limited options, and looking at surrounding land uses, staff determined that a variance from the front yard exclusion of parking might be in order for this particular site given the circumstances. Following the site description below, staff has provided an analysis of the City's variance criteria to help the Commission determine whether or not a variance is appropriate for this site and for this situation. II. SITE DESCRIPTION The subject property is 21,903 square feet (0.5- acres) and is located mid -block on W 2nd North, between N 1 St West and N Center Street. Land uses in the vicinity are Multi- family residential to the north, east and west, and a road construction company to the south. Site access is from W 2 North (45 -feet paved with two lanes, 99 -feet right -of -way). III. ANALYSIS The following are the criteria for granting a variance. The criteria are followed by staff's analysis. a. The need for a variance results from physical limitations of the lot upon which the variance is requested which are not generally applicable to other properties in the same zone, The required number of parking spaces will not "fit" on the site, now that the building has been erected per the site plan approved by the Fire Department. The buildings location is now a physical or spatial constraint that disallows any other option to remedy the parking situation. This criterion if met. Case No. 07 00047 Page 2 • b. Failure to approve a variance will result in undue hardship; Should the City not approve this variance, the hardship would be that the property owner would be unable to obtain a CofO. This CofO allows the building to be occupied. They owner is working under a temporary CofO awaiting the outcome of this variance request. c. The alleged hardship has not been created by the action of the applicant or the property owner, The hardship was created through oversight in the City's review process, not the applicant or property owner. d. Approval of the variance is not in conflict with public interest. As seen on the aerial photo (Exhibit A), having parking spaces located in the front yard setback is consistent with surrounding property. With a 99 -foot right -of -way on W 2 nd North, there will still be a landscaped buffer between the site and the street. Based on the above, this criterion is met. IV. STAFF RECOMMENDATION Staff recommends that the Commission take public testimony, and determine if the requested variance can be approved, denied, or approved with conditions. Staff has proposed some conditions of approval should the Commission choose to approve with conditions. Proposed Conditions of Approval 1. Should the site be redeveloped in the future, i.e. the building is removed and the site reconfigured, this variance shall not apply and all City standards in place at that time shall be observed. 2. Proposed landscaping shall be completed by June 1 2007. This shall include landscaping the front, side, and rear yards. 3. Trash receptacles shall be screened. Installation shall be complete by June 1 2007. 4. All other outstanding issues with regards to site development shall be completed prior to the issuing of a final Certificate of Occupancy. Case No. 07 00047 Page 3 .7 Variance Head Start Building 1�1 M • NOTICE OF PUBLIC HEARIN NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the Planning & Zoning Commission of the City of Rexburg, Idaho, Thursday, March 15, 2007, at 7:15 p.m., in the City Council Chambers of the City Building at 12 North Center, Rexburg, Idaho, regarding a Variance of the Parking Regulation code 5.6 in Ordinance 926 regarding parking in the setback. The parcel is zoned High Density Residential I (HDRI). The said property is located at 55 West 2 nd North in Rexburg, Madison County, Idaho, and more particularly described as follows: Commencing at the Northeast corner of Lot 2, Block 23 of the Original Rexburg townsite, in the City of Rexburg, Madison County, Idaho, as per the recorded plat thereof, and running thence West 5 rods, and 6 feet; thence South 15 rods; thence East 5 rods, and 6 feet; thence North 15 rods to the place of beginning, subject to a right of way for an irrigation ditch along the East side of said tract no to exceed the width of 6 feet. • At such hearing the Planning & Zoning Commission will hear all persons and all objections and recommendations relative to such proposed permit. The City Clerk will also accept written comments at City Hall prior to 4:00 p:m. on March 14, 2007. This notice is given pursuant to the provisions of Section 67 -6509 and 67 -6511 Idaho Code, and all amendments thereof. DATED this 23 day of February, 2007. Published: February 27, 2007 March 10, 2007 CITY OF REXBURG By— Blair D. Kay, City Clerl • f�i - .; .. NO HO ........... ...... ............... � ...... ... ... . .......... A �jv OV�lOiS MONS .............. --- ------- - ---- --- - -------------- ................ ­­ ............. ............ ......... ................. 4%. 4 (A Q 11 m x >imas N 01 *1SIX3 HOIVVi ------------- ...... ........ ......... 2 I � �\i I rri 1 MX ......... ............... ... ------ ----- - - . .. ' s m o NO HO ........... ...... ............... � ...... ... ... . .......... A �jv OV�lOiS MONS .............. --- ------- - ---- --- - -------------- ................ ­­ ............. ............ ......... ................. 4%. 4 (A Q 11 m x >imas N 01 *1SIX3 HOIVVi ------------- ...... ........ ......... 2 q 6m—mwdm = m 211 4 � � ^nom. L dp [ j rn IONdW S3NId NIMi �3�.sdwna M3 �A31Sdvinci '1SIX3 i � SS He 'iSIX3 98no 43SS32ld34 *ISIX3 AMOS v of isl I � �\i I rri 1 MX m o q 6m—mwdm = m 211 4 � � ^nom. L dp [ j rn IONdW S3NId NIMi �3�.sdwna M3 �A31Sdvinci '1SIX3 i � SS He 'iSIX3 98no 43SS32ld34 *ISIX3 AMOS v of isl Planning and Zoning Department STAFF REPORT 12 North Center garyl @rexburg.org Phone: 208.359.3020 x314 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3024 ® X9u� f NFA � CITY o f REXBURG OW- AmericasFamit f wnmunzty SUBJECT: Variance Request, file # 07 00047 APPLICANT: City of Rexburg PROPERTY OWNER: Eastern Idaho Special Services 357 Constitution Way Idaho Falls, ID 83405 PURPOSE: To allow parking spaces within the required front yard setback. PROPERTY LOCATION: 55 West 2 nd North Rexburg, ID 83440 PROPERTY ID: RPRRXB10230130 O MPREHENSIVE PLAN: Moderate -High Residential Density ZONING DISTRICT: High Density Residential 1 (HDR1) APPLICABLE CRITERIA: City of Rexburg Development Code (Ordinance Code 926) § 6.12 Variances AUTHORITY § 6.12 "The Planning & Zoning Commission may authorize variances or modifications from the provisions of this Ordinance as to... setbacks, parking spaces... " I. BACKGROUND Recently, the property owner requested a final inspection for a new building and use located 55 W 2" North and was denied the issuance of a Final Certificate of Occupancy (CofO) due to parking spaces being located within the required front yard setback. During the final inspection process for a new building, the City and other agencies visit the site and confirm that all development standards are adhered to and that previously approved plans are also adhered to. One of the inspections included in this final stage of a project being completed is the site inspection performed by the Planning and Zoning Department. During this inspection, attention is given how the site has been developed and how closely it resembles the submitted and approved site plan. During the Planning and Zoning Department inspection of the subject property staff noticed Case No. 07 00047 Page 1 0 0 b. Failure to approve a variance will result in undue hardship; Should the City not approve this variance, the hardship would be that the property owner would be unable to obtain a CofO. This CofO allows the building to be occupied. They owner is working under a temporary CofO awaiting the outcome of this variance request. c. The alleged hardship has not been created by the action of the applicant or the property owner; The hardship was created through oversight in the City's review process, not the applicant or property owner. d. Approval of the variance is not in conflict with public interest. As seen on the aerial photo (Exhibit A), having parking spaces located in the front yard setback is consistent with surrounding property. With a 99 -foot right -of -way on W 2 nd North, there will still be a landscaped buffer between the site and the street. Based on the above, this criterion is met. IV. STAFF RECOMMENDATION Staff recommends that the Commission take public testimony, and determine if the requested variance can be approved, denied, or approved with conditions. Staff has proposed some conditions of approval should the Commission choose to approve with conditions. • Proposed Conditions of Approval 1. Should the site be redeveloped in the future, i.e. the building is removed and the site reconfigured, this variance shall not apply and all City standards in place at that time shall be observed. 2. Proposed landscaping shall be completed by June 1 2007. This shall include landscaping the front, side, and rear yards. 3. Trash receptacles shall be screened. Installation shall be complete by June 1 2007. 4. All other outstanding issues with regards to site development shall be completed prior to the issuing of a final Certificate of Occupancy. �J Case No. 07 00047 Page 3