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Home My WebLink AboutAPPLICATION - 04-00073 - Andrew Clark - 345 S 2nd W #109 - Request for VarianceAPPLICATION FOR VARIANCE CITY OF REXBURG APPLICANT: Address Sys S Z J /,J # )Gr9 City k2LU State --r0 Phone !t3r/-l0 OWNER: (Complete if owner not applicant) State Phone PROPERTY COVERED BY PERMIT: Legal Description (Lot, Block, Addition, Division Number) >!L r Will this have an impact on schools: tij NATURE OF REQUEST: Briefly explain why variance is required: Lti Al-y&rL enc V Existing use of property: /J V\C— Proposed use if different from existing:—,S « VARIANCE REQUIREMENTS ,.12 Variances The Planning and Zoning Commission may authorize variances or modifications from the provisions of this Ordinance as to lot size, lot coverage, width, depth front yard, side yard, rear yard, setbacks, parking spaces, height of buildings, or other regulations of this Ordinance affecting the size and shape of a structure or placement of a structure upon the lot, pursuant to Idaho Code Section 67-6516. A. Required Findings. To approve a variance, the Commission must find, in writing, that the application for a variance fulfills all of the following conditions: 1. 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. 2. Failure to approve a variance will result in undue hardship; 3. The alleged hardship has not been created by the action of the applicant of the property owner; and 4. Approval of the variance is not in conflict with public interest. B. Public Hearing. Prior to granting a variance, at least one public hearing shall be held to give interested persons an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the request shall be published in the official newspaper or paper of general circulation within the jurisdiction of the City. Written notice shall also be given to property owners adjoining the parcel under consideration. C. Supplementary Conditions and Safeguards. In granting any appeal or variance, the Commission may prescribe appropriate conditions and safeguards. The Commission may not grant a variance to permit a use not authorized under the terms of this Ordinance. D. Action by the Commission. Within sixty (60) days after the public hearing, the Commission shall either approve, conditionally approve, or disapprove the application for a variance. Upon granting or denying the permit, the Commission shall specify: 1. The provisions of this Ordinance and Standards used in evaluating the application. 2. The reasons for approval or denial. 3. The actions, if any, the applicant should take to obtain a variance. E. Appeals. The applicant or any affected person may appeal the decision of the Commission to the Council by submitting a written appeal to the City Clerk within fifteen (15) days of the decision of the Commission. F. Application for a Variance. In addition to the information required under Section 6.9 above, the Commission may also require a narrative statement documenting that the request for a variance conforms to the standards of Section 6.11.A. above. REQUIREMENTS FOR GRANTING VARIANCE: The following conditions must be fulfilled before a variance can be granted by the Planning 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. 3. The alleged hardship has not been created by the action of the property owner or the applicant, e.g. applicant did not reduce size of lot by prior sale. I It 4. Approval of the variance will not be in conflict with the interest of the neighborhood or] public interest in general. r 1i ATTACH PLOT PLAN AS REQUIRED BY SECTION 6-9 OZ /?.? ture o Applicant Dat FOR OFFICE USF,, ONLY: Fee: 3oD,1'Date Paid By: Check Cash Date of Notice: Paid: g --'1-4 �6 Other Hearing: P&Z .3 -/� Council VARIANCE PROCEDURE The Planning & Zoning Commission may authorize Variances or modifications from provisions of this .,rdinance as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking spaces, height of buildings, or other regulations of this Ordinance affecting the size and shape of a structure or placement of a structure upon the lot, pursuant to Idaho Code Section 67-6516. A Variance is to allow something that is otherwise not allowed. If you feel you need a Variance for your property discuss it with the City Clerk or City Engineer. You will then need to get an application from the City Clerk, fill it out and return it to the City Clerk (one) 1 week prior to the meeting at which time she/he will put you on the Planning Commission Agenda. The Planning Commission meets on the 2' and 4`h Wednesday at 7:00 p.m. The City Clerk will mail the application to the Planning Commission members for their review prior to the meeting. At the Planning Commission meeting they will discuss your request with you and schedule it for Public Hearing. The notice of Public Hearing will need to be published in the paper 15 days prior to the hearing. Prior to the publishing of the Notice of Public Hearing, you will need to pay the City Clerk $200.00. Prior to granting a variance, at least one Public Hearing shall be held to give persons an opportunity to be heard. A Public Hearing notice will be published in the newspaper, the notice will be mailed to all property owners within 300 feet of the property, and a notice will be posted on the property. A Public Hearing will then be held before the Planning Commission. To approve a variance the Planning Commission must find, in writing, that the application for a variance fulfills conditions as specified on the application and in the Zoning Ordinance. Granting any appeal or variance, the Planning Board may prescribe appropriate conditions and safeguards. The Planning Board may not grant a variance to permit a use not authorized under the terms of the Ordinance. Within 60 days after the Public Hearing, the Planning Commission shall either approve, conditionally approve or disapprove the application for a variance. CITY VARIANCE APPLICATION Name: Andrew Clark Address: 345 s 2"d west #109 City Rexburg State ID Phone 208-356-8838 PROPERTY COVERED BY PERMIT Address: 252 South 5th West Rexburg, Id Legal Description Commencing at a point 36 rods N. of the SE corner of NEI/4 of Section 25, Township 6 North, Range 39 E.B.M., Madison County, Idaho and running thence N 4 Rods,• thence W. 20 rods: thence S 4 Rods: thence E 20 rods to the place of beginning_ Will this have an impact on schools: No NATURE OF REQUEST: With the development of the Henderson Sub -division directly behind and adjacent to my property, I have an exposed lot with abnormal dimensions. This variance is being sought to allow for construction of a property that would merge 5th West with the sub -division. Existing use of property: The property is not currently being used. Proposed use if different from existing: To build a residential dwelling. REQUIREMENTS FOR GRANTING VARIANCE: 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. After the subdivision went in around my property it left me with a long exposed back portion. The dimensions are unsuitable for reasonable development of a home site. 2. Failure to obtain a variance will result in undue hardship to the applicant. I will be left with an extremely unusable lot if I am not allowed to reduce the backyard set back by 10 feet. 3. The alleged hardship has not been created by the action of the property owner or the applicant. The hardship was created when the property adjacent became a road and exposed an unusable parcel. 4. Approval of the variance will not be in conflict with the interest of the neighborhood or public interest in general. By obtaining this variance we will be able to build a building that is congruent with the setbacks and buildings patterns of the homes and developments in the neighborhood surrounding it. C' ` 0 y � `f Signature of Applicant Date n Doo2 a SEE STARLITE ADDISION SEE PARK VIEW ADDISION F5)3 Z u,7 FRor.Xvt'E-13,1t'k pluvr1- W R Nw23/07 27-9515 ;ZQ.406a %�a' nn1ryry*, T-122 6136 175i-�' 11'.'jK (2U3)T-29'1..;8 Mc S°: 2134 1 m r Gler�ti.io�I2Q 19 444 � 21� I iv co V T-601 1b�4 230 I h 235 T 3.-+- 7 3 rrJ W Road 154125.M" 990' 7201 0 7207 _ a �0. o IU 1320 A395N6 39RH<. �- 1320' 273 "1 _ T-137 80 ,K T-30 19Ab 3 30� �gyaa� �o0 2Do T_3 �1 � V4u+dJ�srn za8 P W,a.Ncrduwon , I a aa6�7 4osa 2OE6T 331}B 11'.'jK (2U3)T-29'1..;8 Mc S°: 2134 1 m r Gler�ti.io�I2Q 19 444 � 21� I iv co V T-601 1b�4 230 I h 235 T 3.-+- 7 3 rrJ W Road 154125.M" 990' 7201 0 7207 _ a �0. o IU 1320 A395N6 39RH<. �- 1320' 273 "1 _