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HomeMy WebLinkAbout1026 Lexington St.I D A H O Community Services Department Planning Services Division 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us FINDINGS OF FACT AND CONCLUSIONS OF LAW VARIANCE FOR REDUCTION IN THE SIDE YARD SETBACK IN THE SINGLE-FAMILY RESIDENTIAL (R-1) ZONE FACTS REQUEST: Request is for a Variance to reduce the required side yard on a corner lot from twenty feet (20') to five feet (5') in the Single -Family Residential (R-1) zone. Subject property is located at 1026 Lexington St in Chubbuck, ID. TYPE OF COMMISSION ACTION: Quasi -Judicial (Subject to appeal; decisions must be supported by the evidence and by applying law to the facts; decisions shall be based on the criteria and standards for approval per section 18.28.030.6.5 of City Code). The Commission may approve with or without conditions, may table a decision, or may deny the application. APPLICANT: Anthony Harral 1026 Lexington St Chubbuck, ID 83202 CO-OWNERS: Anthony Harral 1026 Lexington St Chubbuck, ID 83202 LOCATION: 1026 Lexington St, Heritage West Subdivision No. 1. SITE CHARACTERISTICS & ZONING: ZONING: Single Family Residential (R-1) PROJECT: Shop building, 30'x 36' PARCEL SIZE AND SHAPE: Approximately .24 acres, shape not significantly difficult — 30' rear setback at narrowest PHYSICAL LIMITATIONS: No slope issues, no riparian features, no unusual easements APPLICABLE LAWS AND PLANS: Quintin Harral 1026 Lexington St Chubbuck, ID 83202 SURROUNDING LAND USES: USES: Single-family homes on all sides/across streets, many homes in the neighborhood have sheds and/or space for RV parking SCALE: Comparable homes, all are 2 - story or split level Idaho Statutes §67-6512: Special Use Permits, Conditions, and Procedures Idaho Statutes §67-6516: Variance — Definition — Application — Notice — Hearing 3. Chubbuck Comprehensive Plan (as amended) 4. Chubbuck City Code Title 18: Land Use, particularly: a. Chapter 18.08.042: Schedule of General Controls; Regulations b. Chapter 18.12.030.A: Supplementary Controls for Particular Uses; Accessory Structures c. Chapter 18.28.030: Variances VAR Denial From FFCL PROCEDURES: 1. In accordance with City Code 18.28.020 and the current fee resolution, a complete petition and fees for a Variance were filed with the City at least 29 days prior to the public hearing and which contained the appropriate documents. 2. In accordance with City Code 18.28.010, the application is scheduled to be heard at a Regular Meeting of the Land Use and Development Commission at a public hearing. 3. In accordance with City Code 18.28.010 and Idaho Statutes §67-6509 and §67-6512, notice of the public hearing was provided at least 15 days prior to the public hearing: a. Publication in the Idaho State Journal; b. Notice posted on the premises; c. Mailing to owners of property adjacent to and across the street of the site; d. Notice sent to utilities and political subdivisions providing services within the City; and e. Notices posted prominently at the City office and on webpage. 4. The hearing was conducted in accordance with procedures established by City Code 18.28.010 and Resolution No. 2021-06. PUBLIC AND AGENCY COMMENTS: Public and agency comments were taken in accordance with statutory requirements. At the public hearing, no members of the public testified. RECORD: The record is on file with City of Chubbuck Staff and consists of the application materials, staff reports and memos, public and agency testimony, meeting minutes, and applicable portions of city and state law. FINDINGS Having reviewed the record, including the application materials, staff report, testimony provided at the hearing and meeting, and the criteria for approval of a Variance as found in city code section 18.28.030.65, the Land Use and Development Commission finds the following: The applicant has taken all reasonable steps to comply with the strict terms of the ordinance from which a variance is requested. a. Finding: Satisfied. The applicant has taken all reasonable steps to comply by meeting with City Staff multiple times and determined that standard 1 has been satisfied. 2. Granting of the variance is not a right or special privilege. a. Finding: Satisfied. Every variance review is based on specific facts and details of the application and does not establish precedence anywhere else in the City. 3. Granting of the variance is due to an undue hardship as related to the characteristics of the land, and the applicant has shown that absent a variance, they would be deprived of rights commonly enjoyed by other properties in the identical zoning district under the terms of the title. CHUBBUCK I a 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us VAR Denial From FFCL b. Finding: Not Satisfied. There are some peculiarities of the parcel development, but not a clear undue hardship. Applicant stated he would be deprived of building a shop as is allowed throughout the R-1 district. c. Shop buildings are allowed in the rear yards of homes in the R-1 district, as well rear yards on corner lots. Large shops are found behind home lots that have a deep rear yard and a wide side setback to ensure vehicular access, approximately 12' wide. d. There are some sheds in the side yards of corner lots of homes in the neighborhood and other parts of the city, but they are each under 200 square feet and do not require building permits. 4. Granting of the variance is the result of an undue hardship caused by the characteristics of the site and the creation of the hardship did not result from actions of the applicant, or the current, or a prior landowner, or any of their agents. In no event shall any variance be granted merely because compliance would diminish the financial return from use of the land in question or because it would reduce the market value of lands or because compliance with code would be financially costly. a. Finding: Not Satisfied. The peculiarities of the parcel are the results of the developer and builder, not necessarily the physical characteristics of the site. 5. Granting of the variance does not demonstrably adversely affect adjacent/nearby property. a. Finding: Satisfied. No adverse effects are evident if the request is granted. The applicant provided a petition with signatures of 12 neighbors in support of the proposed Variance. The location also complies with the requirement to be at least 20' away from any other residential building. 6. Granting of the variance is not detrimental to the public health, safety, and welfare. a. Finding: Satisfied. There are no identifiable public health, safety, or welfare concerns if the Variance was granted. The building would also be well clear of the sight triangles at the intersection. ORDER: CONCLUSION AND DECISION 1. The Land Use and Development Commission, pursuant to the aforementioned, finds that the request for a Variance as herein described, shall be DENIED. 2. Pursuant to Idaho Code § 67-8001 et seq., the Commission makes the following findings with respect to the decision in this action: a. This Action does not deprive the owner of the property of all viable uses of the property. b. This Action does not have a significant impact on the landowner's economic interest. la", �44CN CHUBBUCK 1 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us VAR Denial From FFCL c. This Action does not deny a fundamental attribute of ownership. 3. Applicant has a right to request a regulatory takings analysis pursuant to section 67-8003, Idaho Code. 4. This decision is effective ten (10) calendar days from its signing by the Chair. 5. Whether approved, approved with conditions, or denied, any party seeking judicial review of the decision must first appeal this decision to the City Council in accordance with section 18.28.080 and 18.28.090. APPROVED BY THE CHAIR OF THE LAND USE AND DEVELOPMENT COMMISSION OF THE CITY OF CHUBBUCK, IDAHO, this _— � h---- day of�---- , 20 ZX Jason C. Mendenhall, Chair ATTEST: Joey Bowers, Clerk i - 1940�f--\ CHUBBUCKH a 1 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us — / ac" 4 f�_ \ CHUBBUCK I D A H D Community Services Department Planning Services Division 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us FINDINGS OF FACT AND CONCLUSIONS OF LAW VARIANCE FOR REDUCTION IN THE SIDE YARD SETBACK IN THE SINGLE-FAMILY RESIDENTIAL (R-1) ZONE -APPEAL OF COMMISSION DENIAL DECISION TO CITY COUNCIL - FACTS REQUEST: Request is for an Appeal of a Chubbuck Land Use and Development Commission (LUDO) decision to deny a Variance to reduce the required side yard on a corner lot from twenty feet (20') to five feet (5') in the Single -Family Residential (R-1) zone. Subject property is located at 1026 Lexington St in Chubbuck, ID. LUDC denied the application, finding that sections 18.28.030.5.c and 18.28.030.5.d were not satisfied TYPE OF COUNCIL ACTION: Quasi -Judicial (Subject to appeal; decisions must be supported by the evidence and by applying law to the facts; decisions shall be based on the criteria and standards for approval per section 18.28.030.6.5 of City Code and 18.28.080). The Council may determine whether to uphold, modify, or overturn the decision of the LUDC, including whether to remove or add conditions. APPLICANT: Anthony Harral 1026 Lexington St Chubbuck, ID 83202 CO-OWNERS: Anthony Harral 1026 Lexington St Chubbuck, ID 83202 LOCATION: 1026 Lexington St, Heritage West Subdivision No. 1. SITE CHARACTERISTICS & ZONING: ZONING: Single Family Residential (R-1) PROJECT: Shop building, 30'x 36' PARCEL SIZE AND SHAPE: Approximately .24 acres, shape not significantly difficult -- 30' rear setback at narrowest PHYSICAL LIMITATIONS: No slope issues, no riparian features, no unusual easements APPLICABLE LAWS AND PLANS: Quintin Harral 1026 Lexington St Chubbuck, ID 83202 SURROUNDING LAND USES: USES: Single-family homes on all sides/across streets, many homes in the neighborhood have sheds and/or space for RV parking SCALE: Comparable homes, all are 2 - story or split level 1, Idaho Statutes §67-6512: Special Use Permits, Conditions, and Procedures 2. Idaho Statutes §67-6516: Variance — Definition — Application — Notice — Hearing 3. Chubbuck Comprehensive Plan (as amended) 4. Chubbuck City Code Title 18: Land Use, particularly: a. Section 18.060.410 Yard VAR APPEAL OF LUDC—APPROVAL LVZCONDITIONS FFCL b. Section 18.08.042: Schedule of General Controls; Regulations (including Note 1.6) c. Section 18.12.030.A: Supplementary Controls for Particular Uses; Accessory Structures Section 18.28.030: Variances PROCEDURES: 1. In accordance with City Code 18.28.020 and the current fee resolution, a complete petition and fees for a Variance were filed with the City at least 29 days prior to the public hearing and which contained the appropriate documents. 2. In accordance with City Code 18.28.010, the application is scheduled to be heard at a Regular Meeting of the Land Use and Development Commission at a public hearing. 3. In accordance with City Code 18.28.010 and Idaho Statutes §67-6509 and §67-6512, notice of the public hearing was provided at least 15 days prior to the public hearing: a. Publication in the Idaho State Journal; b. Notice posted on the premises; c. Mailing to owners of property adjacent to and across the street of the site; d. Notice sent to utilities and political subdivisions providing services within the City; and e. Notices posted prominently at the City office and on webpage. 4. The hearing was conducted on May 14, 2024 in accordance with procedures established by City Code 18.28.010 and Resolution No. 2021-06. 5. Appeal documents were filed by the Applicant on May 1711 to ensure that documents were in and that the June 5, 2024 meeting of the Council could review the petition. 6. A Findings of Fact & Conclusions of Law (LUDC FFCL) was signed by the Chair on May 29"n 7. Following the signing of the LUDC FFLC, the Applicant was contacted to see if any additional information was going to be submitted since he had ten (10) days following the signing to formally request the appeal. The Applicant was told that if additional materials were going to be provided, the meeting date would be changed to June 19, 2024 so that Staff could review and respond and provide that information to the Council at least one (1) week in advance. No response was received answering the question and the decision to move forward with the June 5, 2024 Council meeting was made with an assumption that no new materials would be presented. 8. The Chubbuck City Council reviewed the Appeal and Record at their Regular Meeting on June 5, 2024 after hearing comments and testimony from the Appellant/Applicant and City Staff. RECORD: The record is on file with City of Chubbuck Staff and consists of the appeals and application materials, staff reports and memos, public and agency testimony, meeting minutes, and applicable portions of city and state law. FINDINGS Having reviewed the record, including the appeal petition, application materials, staff report, testimony provided at the hearing and meeting, and the criteria for approval of a Variance as found in City Code section 18.28.030.135, and under the authority in City Code section 18.28.080, the Chubbuck City Council finds the following: 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 CHUBBUCK www.CityofChubbuck.us 1 0 9 K B VAR APPEAL OFLUDC—APPROVAL W1 CONDITIONS FFCL The applicant has taken all reasonable steps to comply with the strict terms of the ordinance from which a variance is requested. a. Finding: Satisfied. The applicant has taken all reasonable steps to comply by meeting with City Staff multiple times and determined that standard 1 has been satisfied. 2. Granting of the variance is not a right or special privilege. a. Finding: Satisfied. Every variance review is based on specific facts and details of the application and does not establish precedence anywhere else in the City. 3. Granting of the variance is due to an undue hardship as related to the characteristics of the land, and the applicant has shown that absent a variance, they would be deprived of rights commonly enjoyed by other properties in the identical zoning district under the terms of the title. a. Finding: Satisfied. The location of the public utility easement, size and shape of the lot, location of the house, and location of the lot on a corner created undue hardship as related to the characteristics of the land which would deprive the applicant of rights commonly enjoyed by other properties in the R-1 zone, that is, to building accessory buildings on their property. 4. Granting of the variance is the result of an undue hardship caused by the characteristics of the site and the creation of the hardship did not result from actions of the applicant, or the current, or a prior landowner, or any of their agents. In no event shall any variance be granted merely because compliance would diminish the financial return from use of the land in question or because it would reduce the market value of lands or because compliance with code would be financially costly. a. Finding: Satisfied. The location of the public utility easement, size and shape of the lot, location of the house, and location of the lot on a corner created undue hardship as related to the characteristics of the site, and those were not the results of the applicant, a prior landowner, or any of their agents. The variance is not granted for financial reasons. 5. Granting of the variance does not demonstrably adversely affect adjacent/nearby property. a. Finding: Satisfied. No adverse effects are evident if the request is granted. The applicant provided a petition with signatures of 12 neighbors in support of the proposed Variance. The location also complies with the requirement to be at least 20' away from any other residential building. 5. Granting of the variance is not detrimental to the public health, safety, and welfare. Finding: Satisfied. There are no identifiable public health, safety, or welfare concerns if the Variance was granted. The building would also be well clear of the sight triangles at the intersection. 290 E Linden Avenue, Chubbuck, ID 83202 4c Phone 208.237.2430 CHUBBUCK www.CityofChubbuck.us 1QAHa VAR APPEAL OFLUDC—APPROVAL W/CONDITIONS FFCL ORDER: CONCLUSION AND DECISION 1. The City Council, pursuant to the aforementioned, finds that the decision of the Land Use and Development Commission is overturned and that the request for a Variance as herein described, shall be APPROVED, conditioned upon the entire accessory building be outside of all easements. 2. Pursuant to Idaho Code § 67-8001 et seq., the Commission makes the following findings with respect to the decision in this action: a. This Action does not deprive the owner of the property of all viable uses of the property. b. This Action does not have a significant impact on the landowner's economic interest. c. This Action does not deny a fundamental attribute of ownership. 3. Applicant has a right to request a regulatory takings analysis pursuant to section 67-8003, Idaho Code. 4. This decision is effective ten (10) calendar days from its signing by the Chair. 5. Whether approved, approved with conditions, or denied, any party seeking judicial review of the decision must first appeal this decision to the City Council in accordance with section 18.28.080 and 18.2&090- 6. This decision relates only to the Variance request, and any Permit requested pursuant to this Variance remains subject to all other requirements of Chubbuck City Code and city standards. APPROVED BY THE CITY COUNCIL OF THE CITY OF CHUBBUCK, IDAHO, this 19"' day of June, 2024, 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 CHUBBUCK www.GtyofChubbuck.us 1 0 A H 0 CHUBBUCKH a I a VAR APPEAL OF LDDC—APPROVAL W1 CONDITIONS FFCL Kevin B. England, Mayor ATTEST: Joey Bowers, Clerk rcT= 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChu bbuck.us