HomeMy WebLinkAboutDJ Barney Self Storage Plus Variance Documentation Buildings 1,2,3,14,15 11-27-2023Application for a Variance
to the requirements of
Flood Damage Prevention Ordinance 1272
of the City of Rexburg
Property Address: Buildings 1, 2, 3, 14, and 15 at 433 Airport Rd, Rexburg, ID 83440
Explanation of Variance request: Storage Buildings 1, 2, 3, 14 and 15 were constructed with the
finished floor elevations above the base flood elevation, but with less than the required 1 ft of
freeboard. It is requested that a variance be granted to accept the elevations of these buildings
as constructed. The owner intended to construct all buildings with the required freeboard, but
received incorrect information from previous consultants.
Submit/Attach supporting documentation, maps, studies, etc:
See attached Exhibit 2 showing the as -built building elevations compared to the base flood
elevation.
Owner Name: DJ Barney, We R Self Storage / Self Storage Plus
Owner Address:
Owner Signature
Date of Application for Variance: October 10, 2023
Variance was presented to the Appeals Board (City Council) on: October 18, 2023
Appeals Board decision (Approved/Denied): Approved
Date of Notification to State Floodplain Coordinator: October 20, 2023
Date of Response from State Floodplain Coordinator: October 24, 2023
State Floodplain Coordinator Response: No significant issues.
Effective Date of Variance (30 Days following notification): November 19, 2023
Signature City Floodplain Administrator: 9
VARIANCE PROCEDURES (Ordinance 1272, Section IV-E):
1. The City Council as established by the City of Rexburg, hereinafter referred to as the "appeal
board", shall hear and decide requests for variances from the requirements of this
ordinance.
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2. Variances may be issued for:
a. the repair or rehabilitation of historic structures upon the determination that the
proposed repair or rehabilitation will not preclude the structure's continued
designation as a historic structure and that the variance is the minimum necessary
to preserve the historic character and design of the structure;
b. functionally dependent facilities, if determined to meet the definition as stated in
Article II of this ordinance, provided provisions of Sections IV-E.8.b, c, and d, have
been satisfied, and such facilities are protected by methods that minimize flood
damages during the base flood and create no additional threats to public safety; or
c. any other type of development, provided it meets the requirements of this Section,
3. In passing upon variances, the appeal board shall consider all technical evaluations, all
relevant factors, all standards specified in other sections of this ordinance, and:
a. the danger that materials may be swept onto other lands to the injury of others;
b. the danger to life and property due to flooding or erosion damage;
c. the susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
d. the importance of the services provided by the proposed facility to the community;
e. the necessity to the facility of a waterfront location as defined under Article II of this
ordinance as a functionally dependent facility, where applicable;
f. the availability of alternative locations, not subject to flooding or erosion damage,
for the proposed use;
g. the compatibility of the proposed use with existing and anticipated development;
h. the relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
i. the safety of access to the property in times of flood for ordinary and emergency
vehicles;
j. the expected heights, velocity, duration, rate of rise, and sediment transport of the
flood waters and the effects of wave action, if applicable, expected at the site; and
k. the costs of providing governmental services during and after flood conditions
including maintenance and repair of public utilities and facilities such as sewer, gas,
electrical and water systems, and streets and bridges.
4. The applicant shall include a written report addressing each of the above factors in Sections
IV-E.3.a to .k with their application for a variance.
S. Upon consideration of the factors listed above and the purposes of this ordinance, the
appeal board may attach such conditions to the granting of variances as it deems necessary
to further the purposes and objectives of this ordinance.
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6. Any applicantto whom a variance is granted shall be given written notice over the signature
of a community official specifying the difference between the Base Flood Elevation (BFE)
and the elevation to which the structure is to be built and that such construction below the
BFE increases risks to life and property, and that the issuance of a variance to construct a
structure below the BFE will result in increased premium rates for flood insurance up to $25
per $100 of insurance coverage. Such notification shall be maintained with a record of all
variance actions, including justification for their issuance.
7. The Floodplain Administrator shall maintain the records of all appeal actions and report any
variances to the Federal Insurance Administrator and the State of Idaho upon request.
8. Conditions for Variances:
a. Variances shall not be issued when the variance will make the structure in violation
of other Federal, State, or local laws, regulations, or ordinances.
b. Variances shall not be issued within any designated floodway if the variance would
result in any increase in flood levels during the base flood discharge.
c. Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
d. Variances shall only be issued prior to development permit approval.
e. Variances shall only be issued upon:
i. a showing of good and sufficient cause;
ii. a determination that failure to grant the variance would result in exceptional
hardship; and
iii. a determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, of extraordinary public
expense, create nuisance, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances.
9. A variance may be issued for solid waste disposal facilities or sites, hazardous waste
management facilities, salvage yards, and chemical storage facilities that are located in
Special Flood Hazard Areas provided that all of the following conditions are met.
a. The use serves a critical need in the community.
b. No feasible location exists for the use outside the Special Flood Hazard Area.
c. The lowest floor of any structure is elevated or floodproofed to at least the Flood
Protection Elevation.
d. The use complies with all other applicable Federal, State and local laws.
10. The City of Rexburg will notify the State NFIP Coordinator of the Idaho Department of Water
Resources of its intention to grant a variance at least thirty (30) calendar days prior to
granting the variance.
11. Any person aggrieved by the decision of the appeal board may appeal such decision to the
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Court, as provided in Idaho Code 67-6535.
In. passing upon variances, the appeal board shall consider all technical evaluations, all
relevant factors, all standards specified in other sections of this chapter and:
(1) The danger that materials may be swept onto other lands to the injury of others;
STAFF COMMENT:
No concerns. The finished floor of each building is above the base flood elevation.
(2) The danger to life and property due to flooding or erosion damage;
STAFF COMMENT:
No concerns. The finished floor of each building is above the base flood elevation.
(3) The susceptibility of the proposed facility and its contents to flood damage and the effect
of such damage on the individual owner;
STAFF COMMENT:
No concerns. The finished floor of each building is above the base flood elevation.
(4) The importance of the services provided by the proposed facility to the community;
STAFF COMMENT:
The facility provides storage services to the residents of the City and surrounding area.
(5) The necessity to the facility of a waterfront location as defined under Article II as a
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functionally dependent facility, where applicable;
STAFF COMMENT:
Buildings are located over % mile from the river. This is not a waterfront location.
(6) The availability of alternative locations, not subject to flooding or erosion damage, for
the proposed use;
STAFF COMMENT:
No concerns. The finished floor of each building is above the base flood elevation.
(7) The compatibility of the proposed use with existing and anticipated development;
STAFF COMMENT:
This area is appropriately zoned for storage units.
(8) The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
T
STAFF COMMENT:
This area is appropriately zoned for storage units.
(9) The safety of access to the property in times of flood for ordinary and emergency vehicles;
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STAFF COMMENT:
No concerns. The road leading to the property from the south is not within the floodplain.
(10) The expected heights, velocity, duration, rate of rise, and sediment transport of
the floodwaters and the effects of wave action, if applicable, expected at the site; and
STAFF COMMENT:
No concerns. The finished floor of each buildinE is above the base flood elevation.
(11) The costs of providing governmental services during and after flood conditions
including maintenance and repair of public utilities and facilities such as sewer, gas, electrical
and water systems, and streets and bridges.
STAFF COMMENT:
No concerns. The finished floor of each building is above the base flood elevation.
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To the City of Rexburg:
I would like to formally request a variance for our properties located on Airport Road
from the City Appeal Board/City Council regarding Ordinance 1129. I would like to be placed on
the agenda to be heard on the October 18, 2023, Council meeting. I would also request Justin
Beard, Stephen Zollinger and Keith Davidson to be in attendance.
Respectively,
DJ Barney (Owner)
(208)821-4986 (Cell)
We R Self Storage / Self Storage Plus
433 Airport Road
Rexburg, ID 83440
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