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HomeMy WebLinkAboutPH #1 1026 LexingtonCHUBBUCK 1 0 A H A Community Services Department Planning Services Division 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us APPLICATION FOR A VARIANCE FOR REDUCTION IN THE SIDE YARD SETBACK IN THE SINGLE-FAMILY RESIDENTIAL (R-1) ZONE CITY OF CHUBBUCK LAND USE AND DEVELOPMENT COMMISSION REGULAR MEETING ON MAY 14, 2024 SUMMARY DESCRIPTION: An application 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. The proposal would accommodate a detached garage for the subject property, located at 1026 Lexington St in Chubbuck, ID. The application will be reviewed against criteria in Section 18.28.030.6.5 of City Code. Type of Action: Decision. STAFF FINDINGS: A Variance may only be approved if the LUDC makes affirmative findings of fact on each of the six standards in Section 18.28.030.8.5 of City Code: 5. Standards for Approving a Variance, written final decision required: A variance may be only approved if LUDC makes affirmative written findings of fact on each of the following standards: a. The applicant has taken all reasonable steps to comply with the strict terms of the ordinance from which a variance is requested. b. Granting of the variance is not a right or special privilege. c. 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. d. 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. e. Granting of the variance does not demonstrably adversely affect adjacent/nearby property. f. Granting of the variance is not detrimental to the public health, safety, and welfare. After reviewing the application and related materials, staff finds that it likely does not meet three of the standards established by the City for a Variance and recommends denial of the application. See below. 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. FACTS BACKGROUND: The property at 1026 Lexington St is at the corner bordering Freedom Ave and comprises .24 acres. At its widest point the front yard is ±104', the rear of the parcel is 63'-65' wide. The home is nearly parallel to Freedom Ave rather than Lexington St — rotated approximately 33°. The purpose of this placement was likely to keep the driveway perpendicular to Freedom Ave and locate it farther away from the intersection, ±65'. The closest distance between the corner of the house to the north property line is approximately 30'. The applicant has presented arguments in favor of approval in Section E.5. on the application and an attached narrative. 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. REFERENCE MAP: Quintin Harral 1026 Lexington St Chubbuck,ID 83202 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: Level site - no slope issues, no riparian features, no unusual easements 1940�t_\ CHUBBUCK 1 0 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 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us SETBACK ILLUSTRATION: Approximate location of shop building, as provided by applicant, and approximate location of 20' side setback for a corner lot. PROCESS APPLICABLE LAWS AND PLANS: 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. 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 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; 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 CHUBBUCK www.CityofChubbuck.us 1OAH0 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 will be conducted in accordance with procedures established by City Code 18.28.010 and Resolution No. 2021-06. PUBLIC COMMENTS: Public comments can be found in Exhibit 6. POLITICAL SUBDIVISION/AGENCY COMMENTS: No written comments were received as of this report. GENERAL REQUIREMENTS AND PROCEDURES The following code regarding Variances should be used in evaluating and weighing the application: 18.28.030.B.S. Standards for Approving a Variance; written final decision required: A variance may be only approved if LUDC makes affirmative written findings of fact on each of the following standards. See also Section E.5 in the attached submittal. The applicant has taken all reasonable steps to comply with the strict terms of the ordinance from which a variance is requested. a. Finding. Not satisfied. Under the strict terms of the ordinance a smaller shop building, but still of significant size, could fit in the rear yard. b. The applicant's desire is to construct a 30'x 36' shop for housing a vintage car and other items. The house was rotated parallel to Freedom Ave to better comply with Access standards, creating a triangle shaped backyard. A shop would fit in the rear yard. c. Accessory structures are normally allowed in rear and side yards, but because this is a corner lot the required setback is 20'. Accessories must be separated from the principle structure or property lines by at least 5'. With this standard a shop in the rear yard could be up to 20' wide. 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. 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-7 district. b. Shop buildings are allowed in the rearyards of homes in the R-7 district, as well rearyards 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 72' wide. c. 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 CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us 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 72 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. STAFF RECOMMENDATION Based on the Standards for Approving a Variance above, staff recommends denial of the Findings of Fact and Conclusions of Law, with the proposed use, site plan, and other details of the project as presented. Staff observations relating to Chubbuck City Code Section 18.28.030.B.5.a: • Code requires that the applicant take all reasonable steps to comply with the strict terms of the code. It may be reasonable to build a smaller and/or differently shaped building in the rear yard of the parcel. • Applicant has not demonstrated he would be deprived of rights commonly enjoyed by other properties in the identical zoning district under the terms of the title. Other properties have smaller shops and sheds, some have larger shop buildings. A shop building is still allowed on site, just not as large as requested in the side yard. • There is no demonstration of a hardship based on the characteristics of the site; any site with a perceived hardship that was created by a previous owner is not eligible for a Variance. SIDE YARD: Evidence presented by staff is based on the strict interpretation of the definition of a side yard setback for a corner lot in Chubbuck City Code section 18.08.042.B applying to principal and accessory structures: "B. Corner Lot: On a corner lot, regardless of the facing or configuration of the principal structure, there shall be a yard on one side that is at least the amount of the minimum front yard setback set forth in subsection A of this section, and the other side on the corner shall be not more than five feet (5) less than the setback set forth in subsection A of this section [25]. If a garage or carport opens into the smaller of the two (2) setbacks, the garage shall set back the some distance as the required front yard setback on the adjacent corner." Setback illustration showing approximate location of the proposed building, overlaid with the approximate location of the required 20' side setback. ACCESSORY STRUCTURES: Supplemental controls for particular uses, per Chubbuck City Code section 18.12.030.A.1, offers setback standards specific to accessory structures on regular (non -corner) lots. It is unclear if this section of code would allow the proposed shop building to locate in the side yard since it would be more than 20' behind the front of the home: CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us "7. [Accessory Structures] May not be located within: a) the front yard, and b) the minimum side yard setback area required by section 78.08.042 of this title [20,] extended twenty feet (20) to the rear of the principal structure." If approved, staff recommends the following conditions be placed on the project: • Shop building must be of the same color and texture as the home. • Shop building must have a roof of the same color as the home. • Shop building must not exceed height of the home's garage. • Shop building should have a roof pitch similar to the home's garage. EXHIBITS 1. Findings of Fact and Conclusions of Law 2. Application Materials 3. Current Zoning Map 4. Relevant Sections of Chubbuck City Code A. 18.08.042.A. Schedule of General Controls; Regulations: Height and Area Regulations B. 18.12.030.A. Supplemental Controls for Particular Uses: Accessory Structures C. 18.28.030. Variances 5. Evidence of Notice A. Idaho State Journal Public Notice B. Notice to Neighboring Property Owners C. Notice Area Surrounding Properties D. Mailing List of Neighboring Property Owners 6. Comments Received REPORT: Don Matson, MSP I AICP Staff comments in this report are based Planning Manager solely upon evidence available at the time dmatson@cityofchubbuck.us 1 (208) 239-3252 of the report. Additional information may be DATE: May 7, 2024 brought to light at or before the hearing. CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us CHUBBUCK 1 0 A H A 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 18.28.030.8.5 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 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. Chapter 18.08.042: Schedule of General Controls; Regulations b. Chapter 18.12.030.A: Supplementary Controls for Particular Uses; Accessory Structures Chapter 18.28.030: Variances 1026 Lexington Variance Exhibit 1: 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 will be 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. 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. IIki101104r61 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: Not satisfied. Under the strict terms of the ordinance a smaller shop building, but still of significant size, could fit in the rear yard. b. The applicant's desire is to construct a 30'x 36' shop for housing a vintage car and other items. The house was rotated parallel to Freedom Ave to better comply with Access standards, creating a triangle shaped back yard. A shop would fit in the rear yard. c. Accessory structures are normally allowed in rear and side yards, but because this is a corner lot the required setback is 20'. Accessories must be separated from the principle structure or property lines by at least 5'. With this standard a shop in the rear yard could be up to 20' wide. CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us VAR Denial From FFCL 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: 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. b. 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. c. 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. 1940t-\ CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us VAR Denial From FFCL 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 18.28.090. APPROVED BY THE CHAIR OF THE LAND USE AND DEVELOPMENT COMMISSION OF THE CITY OF CHUBBUCK, IDAHO, this 1940t-\ CHUBBUCK 1 0 R H 0 day of , 20 Jason C. Mendenhall, Chair ATTEST: Joey Bowers, Clerk 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us L CHUBBUCK 290 E Linden Avenue Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us VARIANCE APPLICATION Aug. 2021 Form PAGE 1 OF 5 Complete applications which require review by the Land Use & Development Commission must be submitted at least 28 days before the desired review meeting. The Commission meets regularly on the 2nd Tuesday of every month. Applications which are incomplete may not be able to be scheduled on the desire date if missing information or materials are not submitted at least 28 days before the desire review meeting. DATE RECEIVED: 4/15/24 INITIALS: FEES PAID? Y IN AMOUNT: $455.00 SECTION A —APPLICANT INFORMATION Al. Name h 11 w yj 144-rrC, L A2. Mailing Address /6-2(o , n�- 0 r\ `` ii --L« City c n L b6 cA L K State :A ck- Yl Q Zip Code f33'� o) A3. Phone Number (including area code) -_-i 06 -S8 Cf - 610& I A4. Email Address h0.rrc.t A5. Is Applicant the Owner of Record? Yes ❑ No; If "No", an Affidavit of Legal Interest must be completed and submitted SECTION B—OWNER INFORMATION (IF DIFFERENT THAN SECTION A) B1. Name Qr\ -� " 0 � �� L ,r, B2. Mailing Address j _ [0dX(o L-e/,iv-g v` City b b u—G r- t State Zip Code Q G VA" B3. Phone Number (including area code) B4. Email Address SECTION C—SITE INFORMATION Cl. Site Address {Dr Location if no Address) City Zip C2, Subdivision Name, Lot, Block, Div. No. (or Parcel No.) ee r4o 'WeS-4 [10. )/1,-,+ F�j SECTION D — PLANNING INFORMATION Dl. Type of Variance Requested: Minimum rear yard or side yard setback ❑ Minimum lot area (square feet) ❑ Maximum building or structure height ❑ Minimum lot width and/or depth ❑ Other land use provision affecting the size or shape of a ❑ Minimum lot frontage structure or the placement of a structure or building upon a lot, or the size or shape of lots ❑ Minimum front yard setback CHUBBUCK 1 0 R H a PO Box 5604 — 290 E Linden Avenue Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 www.CityofChubbuck.us VARIANCE APPLICATION Effective Date June 2021 PAGE 2 OF s SECTION E —SUBMITTAL REQUIREMENTS AND ATTACHMENTS E1. Application Fees: $340 + $1.50 per property notice (## of properties x $1.50 = f¢ ] GL } �O otal E2. Affidavit of Legal Interest signed by the property owner(s) if applicant is not the owner E3.Warranty deed(s) showing ownership for all properties included in the request E4. Proposed site plan and drawings showing: • Property boundaries • Existing and proposed buildings with setbacks from property lines and distances between structures Note: It may be helpful to download an air photo to use as a base map for the drawings and to include photos of the buildings, fences, and other features on the property. E5. Explanation of the need for the variance (Use an additional sheet if more space is necessary). Note- Applicants have the burden of proof to show why their request should be granted: 1. What specific section of code(s) resulted in the request for a variance? (See cover sheet.) 0. 2. Is your variance request within 10% of the standard set by city code? For example, a variance for a rear setback that required 10' may only be eligible for an administrative variance if proposed to be no closer than 9'. A variance for height in a zone with a limitation of 35' may only be eligible for an administrative variance if proposed to be no higher than 38,5'. Include the measurements and calculations for your proposal. 5eg--1���� 3. For what reason(s) do you seek the variance? What caused the need for this request? VJ 290 E Linden Avenue VARIANCE APPLICATION Chubbuck,ID 83202 208.237.2430 — Fax 208.237.2409 Aug. 2021 Form CHUBBUCK www.CityofChubbuck.us PAGE 3 OF 5 IORHa 4. What steps have you taken to comply with the strict terms of ordinance from which the variance is requested? /'` ck -Scn i1 ep_ 5. What characteristic of the land presents an undue hardship related to your request for a variance, if any? j3; I> - .s 4A 1 � 6 ,r I Ck�� -4 vJ �- ► r req ��� oA-i v� s > ; s a� I s n ,r. ; rrP c 0 r l'1 e (- Z- ° i ti I S r)'4 o b—C 6. If the variance is not granted, what rights commonly enjoyed by other properties in your zoning district would be deprived? \Jvr' K Shv p. 7. Was the need for a variance caused by the applicant, the current or prior owner, or any of their agents? Explain. c -A V�dQ ti i f� �i ► o v ,� �.� % LAA1 h U �` L. n I r 290 E Linden Avenue VARIANCE APPLICATION Chubbuck, ID 83202 208.237.2430 — Fax 208.237.2409 Aug. CHUBBUCK www.CityofChubbuck.us PAGEE 4 OF 5 Form I n n H a 8. Is the request for a variance strictly related to cost, market value of the property, or financial return? Explain. ❑ Yes I$ No 9. If granted, how doi\{e you feel the variance, if granted, V �would impact adjacent/nearby properties? F -,-Oe � 4- �Q f W a w I & 0- o O 1 iii (D d -z- 'fr Ti_L-) Y4'1' n-eti!5�NIn0rI�. 10. If granted, how do you feel the variance would impact public health, safety, and welfare? c -N J z✓'S e + hA (DO,Ct" (5 -{—v. e_ PL& %) I°G SECTION F- CERTIFICATION • I, the undersigned, hereby certify that the information herein and attached hereto is true and correct to the best of my knowledge. • 1 am aware that if this application is not complete, the review process will not continue until it is so deemed by the City upon further submission of materials. • 1 hereby authorize the filing of this application and grant approval of on-site review of the development described herein. With prior notification, city staff may visit, inspect, and make additional measurements. • 1 certify that I am authorized to file this application. • Prior to the hearings, a public notice sign will be posted on the property in 1 or more locations as required by city and state law. I certify that I will ensure that the signs remain where placed and will remain upright and in their original condition until removed by city staff and that failure to do so may result in a delay in process/hearing and may result in additional fees for rescheduled public hearings. F1 SignaturF2. Printed Name F3. date e dqRfZAI— 290 E Linden Avenue VARIANCE APPLICATION Q Chubbuck, ID 83202 Aug. 2021 Form 208.237.2430 —Fax 208.237.2409 CHUBBUCK PAGE 5 OF 5 www.CityofChubhuck.us 1 n Il H 0 STOP G1. COMPLETEN155 REVIEM Reviewed by: Deemed complete? DM © Yes ❑ No If no, list concern (s): Date: Applicant Notified? 4/10/24 © Yes ❑ No Comments: og , C)q a Y,, Ve d, ) s kel. 4-vw �- t, 4-_i e,s 4- 4- ke, 5 e\� c� v --(j S s�q- l Io- c cl f5 � 4 of� ju, 1.16 5 -�kc, vt q T- k S -�5 br a -fid Ro y �a fho4✓ nv. y,�a� l 1�2__ttc,r A Se�iG�-- - �' S 33' e k e fro yv-,o 5,� po o^ i- e .�/fh. �1 u e., -S e -�-J iJ k -er--e 4-1- 5 lic; p w a,,,- 1 � - ; f / �- lg, l2 , 0ao -f ko-� O�� m �� �-� Al 54 r\ra ie �- br cry- oC- q, UiSllor, +arc a V,51 'o j oe3 PN • 5-e ;.0 r 11 5 -_� I o C7c a c i� ✓� w� -�- p S . 13. 030 Ld Lot , --ti,> yi -ec,,-- a- '6u',1r9�nys dose '�-o �� eA 4 sr eil ` c1 ACW fT PL& U �' WJ�it 1� 7 U r w u, I (� L i r .--- I U �- �l Q n� vt { i` ►� ! vii 5 + ! I -T do-v,` � wee 4-o p14j.( 4z.3v, 1��s � 1 7 A, tte wzx �� 1 10, �' � /-cy 1/ e 1 oe t v--e vt wow v,9,, y�� ti,��J� AYN - j%lO fy�- ���[/ t:� y C% i� J J 11� LL �!� �[ f��-li2 i cx 1� � AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO } :ss County of Bannock ) 40�i Oylq��G ✓Gc L �j ,� �C Jn j fel Name Address y.� t"P-r City n 0 Being first duly sworn upon State Oath, depose and say: Being the owner of the property described on the attached sheet, I grant permission to: Name Address To submit the following application(s) pertaining that property and to allow City Staff the ability to do an on-site review of the site to inspect, measure, and record information related to the application: ❑ Administrative Variance AP Variance ❑ Annexation & Initial Zoning Request ❑ Preliminary Plat ❑ Final Plat ❑ Conditional Use Permit or CUP Amendment ❑ Comprehensive Plan Map Amendment ❑ Planned Unit Development Designation or Amendment ❑ Creative Community Designation or Amendment ❑ Title Map Amendment (Rezone) to 1 agree to indemnify, defend and hold the City of Chubbuck and its employees harmless from any claims to liability resulting from any dispute as to statements contained herein or as to the ownership of the property which is the subject of the application. DATED this day of Signature 20 I, the undersigned, a Notary Public in and for the above-named county and state, do hereby certify that on this day of , 20_, personally appeared before me , known to me to be the person described in and SUBSCRIBED AND SWORE to me the day and year first written above . Given under my hand and official seal the day and last year above written, (seal) NOTARY PUBLIC - STATE OF IDAHO Residing at: Commission Expires: STATE OF IDAHO ) :ss County of Bannock ) QiA.-AAn 4af 7�c41 Name k - City 1_1daIU7e\U1110]24:10e161i41111a *11 ti✓',;? (_'5� Gl,GI �'U State Address Being first duly sworn upon Oath, depose and say: Being the owner of the property described on the attached sheet, I grant permission to: nbL0t&Lk �G F L; �r}'Pr� BJP. '�'hµbbur,✓ t -Y) 9 3 ,3L Name Address To submit the following application(s) pertaining that property and to allow City Staff the ability to do an on-site review of the site to inspect, measure, and record information related to the application: ❑ Administrative Variance ❑ Conditional Use Permit or CUP Amendment X Variance ❑ Comprehensive Plan Map Amendment ❑ Annexation & Initial Zoning Request ❑ Planned Unit Development Designation or Amendment ❑ Preliminary Plat ❑ Creative Community Designation or Amendment ❑ Final Plat ❑ Title Map Amendment (Rezone) to agree to indemnify, defend and hold the City of Chubbuck and its employees harmless from any claims to liability resulting from any dispute as to statements contained herein or as to the ownership of the property which is the subject of the application. DATED this day of i 20 �,2' Signature I, the undersigned, a Notary Public in and for the above-named county and state, do hereby certify that on this '6"r day of ,pr;i 20 A, personally appeared before me known to me to be the person described in and SUBSCRIBED AND SWORE to me the day and year first written above . Given under my hand and official seal the d n last year above written, ',•tieeneeeiie� o. (seal) NOTARY PUBLIC. T TE OF ID. HO ?'T' -140TAR •�,�,, 0 � Y : = Residing at: 1l;`�k'� •dub p C Commission Expires: - • ng UBL1 • �''•., eOF. 1 Instrument # 22309688 Bannock County, Pocatello, Idaho 09/1812023 02:46:28 PM No, of Pages: 12 Recorded for: AMERITITLE , POCATELLO Jason 0. Dixon Fee: $46.00 Deputy nbarnes Electronically Recorded When recorded, return to: Idaho Central Credit Union 4400 Central Way Chubbuok,ID 83202 LOAN #, 23161230 16psco Above This Lina For Recording DEED OF TRUST DEFINITIONS Words used In multiple sections of Ihis document are defined below and other words are defined in Sections 3,11,13, A 20 and 21. Certain rules regarding theusage of words used In this document are also provided in Section 16. (A) "Security Instrument' means this document, which is dated September 12, 2023, togetherwith all Ridom to this document. (B) "Borrower" is QUINTIN JOHN HARRAL, AN UNMARRIED MAN AND ANTHONY HARRAL, AS HIS 130LL AND SEPERATE PROPERTY. Borrower Is the trustor under this Security Instrument. (C) "Lender" Is Idaho Central Credit Union, Lender is a State Chartered Credit Union, under the laws of Idaho. Lender's address Is PO Boz 2469, Pocatello, ID 83206. organized and existing Lender is the beneficiary under this Security Instrument. (D) "Trustee" Is Amerlinfle, LLC. (E) "Nate" means the promissory note signed by Borrower and dated September 12, 2023, The Note states that Borrower owes Lender ++ • + * + + +rarerrrrrrarrr plus Interest. Borrower has promise o pay s debt In regular Periodic Payments and to pay the debt full not later than August 17, 2046. rAMO—Simple FajOy—Fannia MaaJFraddlo Mae UNIFORM INSTRUMEW Form 301 1101 trey V09) ICE M099806 Technology, Inc. Ifage 1 Or 9 IDUDEEO 0317 IOUDEEO (CGS) .1. 09/1712023 08:17 AM PST w�u v vvvvvv mca�c O <0 °O ���° 50.71 °�' � 13co 3 13 cc 00 020�� �`�8 FOR FERENCE PURPOSE ON Y oo.aa "Op T COUNTY BEARS NO RCALP001300 r o RCHRWO05500 100.00 o° a000 oo ° RGHRW 006500 LIA ILITY FOR INACCURACIES 12 ,r 0 moo° �4RWoo64o0 v6) 0 12 0 Oh � RGA Q 0o .0 7 35.20 3g O ° O 37 100"00 ��o0 00 s oro RCHRWO05400 RCA as o01200 a � 5:§D � 11 0 wa o O oco co 00 100.00 11 4G Q 6 � 3 Oo � �So° �'� RCHRW005300 o0 o y RCALP001100 10 a 100.00 4 00� 0062 97 0 0 O �, �° '°o° oo p0 100.00 o ° �� oho 10 o aRCHRW005200 a 00 �° 5 o RCALP001000 9 0° alb °o �� 9 100.00 oo" �00 8sr <n cv 1000 <e�� 7 �� 108.24 0 9 Q o� �V �o°o° oOrl. �sfo� CD 27.81 RCHRWO05100 3 o RCALP000900 G7 OO 63 r0 h $ Q 0 100.00 �O o O 927.81 --4 Q), oo JO B� 139.89 a $ o • 1 SCD CD , 67 °° 12 RCHRWO05000 co RCALP000800 w 7 100"00 o 6�A �Q 0 20 �� `� �g 1314 0o s, RCHRWO03100 o 5aln 1026 Lexington St, Chubbuck, ID 83202 ri ..G 390188 1026 Lexington Variance � � � " ' � � � Exhibit 2: Application 'ON i33f'Odd ♦ 1 A H 1 1 - 133HS -1 cra-vindWOJ 08VONVIS OHM NOI1d30-1 NOIldI83S30 68—£ 0292!— c3i I r � Boyd t EXHIBIT 3: CURRENT ZONING MAP 1 - �ti 4"' P �T • amQ � 0 w 3 C3 A - Concord o�cor.d Su b�ect .. "oo Prop`ert' ELM Chubbuck Zoning Districts ., Agriculture (A) r Single Family Residential (R-1) Limited Residential (R-2) Limited Residential - P (R -2P) C■ Dense Residential (R-4) Q• Limited Commercial (C-1) C2 ■ General Commercial (C-2) Industrial (1) ■ Planned Unit Development (PUD) ■ Creative Community ■ Creative Community -Northside Crossing (CC -NC) Creative Community -Harvest Springs (CC -HS) County ■ Highway Cooridor (HC) ■ Village (V) 18.08.042: SCHEDULE OF GENERAL CONTROLS; REGULATIONS: A. Height And Area Regulations: Land Use Maximum Minimum Minimum Minimum Side Yard Minimum Total Minimum Lot Area Per District Height Front Yard Setback Rear Yard Setback Yard Width Household Dwelling (In Square Feet) Setbackl Minimum Minimum Minimum Minimum Lot Area Per Land Use Maximum Front Yard Rear Yard Side Yard Minimum Total Household Dwelling (In District Height Setback Setback Setback 1 Yard Width Square Feet) A 35' 25' 20' 14'- 5' 70' 1 acre 7,000 first household, R-1 35' 25' 20' 14'- 5' 70' plus 4,000 each additional 6,000 first household, R-2 35' 25' 20' 14'- 5' 60' plus 2,500 each additional R -2P 35' 25' 20' 14'- 5' 50' 5,000 per household 5,000 first household, R-3 50' 15' 15' 101-01 40' plus 1,500 each additional 2,400 first household, R-4 60' 10' 10' 101-01 40' plus 1,000 each additional C-1 45' 10' 10' 10' - 0' 40' Same as R-4 C-2 70' 10' - - - 1 70' 10' Note: 1. Minimum total setback is indicated on left; minimum setback for a side yard is indicated on right. In addition, the setback for at least 1 of the side yards shall be a distance of no less than 9 feet. B. Corner Lot: On a corner lot, regardless of the facing or configuration of the principal structure, there shall be a yard on one side that is at least the amount of the minimum front yard setback set forth in subsection A of this section, and the other side on the corner shall be not more than five feet (6) less than the setback set forth in subsection A of this section. If a garage or carport opens into the smaller of the two (2) setbacks, the garage shall set back the same distance as the required front yard setback on the adjacent corner. C. Setbacks: Setbacks for a zero lot line residence or a single- family residence in an R -2P zone shall be the same as that of the land use district within which the development lies except the minimum total yard width and the minimum lot area per household dwelling may be a minimum of seventy five percent (75%) of that required for a household dwelling in that district. Additionally, one side yard setback may be zero and the other side yard setback may be a minimum of ten feet (10'). Two (2) zero lot line residences must be simultaneously constructed to form an abutting zero lot line residence. Construction of a single zero lot line residence is not permitted, unless construction is of a freestanding single-family home in an R -21P zone or on a zero lot line subdivision where a waiver has been granted. (Ord. 755, 2016) 18.12.030: SUPPLEMENTAL CONTROLS FOR PARTICULAR USES: A. Accessory Structures: 1. May not be located within: a) the front yard, and b) the minimum side yard setback area required by section 18.08.042 of this title extended twenty feet (20') to the rear of the principal structure. 2. Shall not be located closer than twenty feet (20') from any residential structure on adjoining lands. 3. Consisting of railroad cars, truck trailers or vans, or production buildings formerly used as a dwelling are excluded from all residential and agricultural districts and may only be allowed in industrial and commercial districts upon issuance of a conditional use permit. 4. Shipping containers, including containers used on oceangoing vessels and/or railcars are generally excluded from all residential districts, except as provided herein, but are allowed in agricultural, industrial and commercial districts upon issuance of a conditional use permit and are permitted on a temporary basis without a conditional use permit in industrial and general commercial districts for up to one hundred eighty (180) days. The Community Services Director may allow a shipping container in any district, including a residential district, during construction for use by the contractor and any subcontractors for the period of construction not to exceed ninety (90) days. If the container(s) is in a rusted, blighted or deteriorated condition, it shall not be allowed or, if already in place, shall be removed, whether or not a conditional use permit has been granted. A shipping container may be allowed in a residential district for purposes of allowing household goods to be moved or stored temporarily for a period not to exceed ninety (90) days; the above provisions for rusted, blighted or containers in a deteriorating condition shall apply and containers shall not block roadways or driveways. B. Animal Care Sites: 1. Will be located at least three hundred feet (300') from any residence including motels and hotels, except for an owner's residence, unless the animals are completely housed in soundproof structures that completely screen them from view of the abutting residential property. 2. Will comply with all state and local regulations relative to such an operation and maintain adequate housekeeping practices designed to prevent the creation of a nuisance and to reduce to a minimum the factors of noise and odor. C. Bulk Storage Of Flammable Liquids And Gases: Bulk storage of flammable liquids and gases, above ground and for resale shall: 1. Be located at least three hundred feet (300') from a residential zone, a residence, motel or hotel, except for an owner's residence. 2. Be erected subject to the approval of the fire chief, and in accordance with the international fire code. 3. Have suitable loading and unloading spaces and off street parking facilities subject to the approval of the fire chief. D. Storage And Manufacturing Of Chemicals, Pesticides And Fertilizer: Chemicals, pesticide and fertilizer storage and manufacturing activities shall have adequate fire protection, storage areas, warning signs and handling and disposal practices as approved by the fire chief and in accordance with the international fire code as adopted. E. Drive-In/Drive-through Establishments: Drive-in/drive-through establishments shall: 1. Be enclosed on the property line with maintained landsc-aping and fencing, except for ingress and egress, to prevent trash from moving onto other properties. 2. Have a minimum six foot (6') high, solid fence along the property lines that adjoin residential property or residentially zoned areas. 3. Provide for adequate trash receptacles. 4. Avoid the direction of night lighting toward any residence. F. Gravel Pits, Rock Quarries, Sand And Clay Pits And Other Natural Resources Of Commercial Value: 1. Upon depletion, the area shall be reclaimed and restored to its original appearance, to the extent feasible, and in accordance with a reclamation plan approved by the land use and development commission and city council and all temporary structures or equipment shall be entirely removed from the property. 2. Safety fencing shall be erected around all pits that create a safety hazard. G. Kennels: 1. Commercial kennels shall: a. Be maintained in a separate cage, structure, dog run or kennel for the housing and confinement of all dogs in such commercial kennel, which cage, structure, dog run or kennel: (1) Shall have a minimum area of fifteen (15) square feet for each dog kept therein; (2) Shall be located at least three hundred feet (300') from any structure intended for human occupancy or use, except for the owner's residence; (3) Shall have such screening fence or structure as may be necessary to confine the dogs and screen them from public views and from views from abutting properties; and (4) Shall contain facilities for the disposal of animal waste, other than through the use of the city's garbage collection service, which facility shall be maintained so as to prevent odors detectable from public areas and abutting properties. b. Comply with all other state and local regulations relative to such operation, and shall be maintained to prevent noise or odors detectable from public areas or abutting properties. 2. Hobby kennels shall: a. Only be maintained upon a lot which has a minimum area of four thousand (4,000) square feet for each dog kept on such lot, regardless of the number of persons keeping or harboring dogs on such lot. b. Be maintained in a separate cage, structure, dog run or kennel for the housing and confinement of all dogs kept in such hobby kennel, which cage, structure, dog run or kennel: (1) Shall have a minimum area of fifteen (15) square feet for each dog kept therein; (2) Shall be located as far as possible from any structure intended for human occupancy or use, except for the owner's residence; (3) Shall, in any event, be located at least one hundred feet (100') from any such structure, except for the owner's residence; (4) Shall have such screening fence or structures as may be necessary to confine the dogs and screen them from views from abutting properties; and (5) Shall contain facilities for the disposal of animal waste, other than through the use of the city's garbage collection service, which facility shall be maintained so as to prevent odors detectable from public areas and abutting properties. c. Comply with all other state and local regulations relative to such an operation, and shall be maintained to prevent noise or odors detectable from public areas or abutting properties. H. Outdoor Storage: Outdoor storage of commercial and industrial products or materials shall: 1. Be enclosed by properly maintained screening fence or other structure sufficient to screen the commercial and industrial materials from the view of existing adjoining residential property or residentially zoned areas, whether or not such property is separated by an alleyway or street. 2. Not be located in any front yard setback area. I. Production Building Cluster Arrangement: Cluster arrangements are mandatory for class III production buildings. The following standards shall apply to residential clusters, and shall control in event of conflict with any other provision of this title: 1. The minimum area to be developed shall be two (2) acres. 2. The minimum number of spaces completed and ready for occupancy before first occupancy is permitted shall be ten (10). 3. The intent of the clustered arrangement being for long term residential occupancy, no space shall be rented for periods less than thirty (30) days. 4. Off street parking areas shall be provided at the rate of at least two (2) car spaces for each dwelling. 5. Clusters shall be buffered against adjoining land uses in the same manner prescribed for nonresidential uses adjacent to residential uses, in subsection 18.12.020C of this chapter. 6. There shall be at least twenty feet (20') between dwellings and at least twenty feet (20') between an individual dwelling and any adjoining pavement areas of a park, street, sidewalk, common parking area or other common area. There shall be at least a twenty foot (20') rear yard for each dwelling on which an accessory building not to exceed eighty (80) square feet shall be allowed. Notwithstanding the foregoing, for any production building cluster arrangement in existence on January 1, 1999, the front yard setback from the dwelling to any adjoining pavement areas of a park, street, sidewalk, common parking area, or other common area shall not be less than ten feet (10') and the rear yard setback shall have a minimum of twenty feet (20') between dwellings with an accessory building allowed for each dwelling not to exceed eighty (80) square feet each. Awnings open on three (3) sides shall be allowed as an attachment to the side of a dwelling provided there is at least ten feet (10') from the awning to the other dwelling or attachment to the dwelling on an adjoining area. 7. All improvements within the cluster arrangement including streets and utilities shall be completed within two (2) years from the issuance of the conditional use permit. 8. The cluster arrangement shall be screened from adjoining property and streets by a solid fence, with such additional landscaping as the city council may require. 9. The developer of a cluster arrangement shall be required to obtain design review clearance for the overall development prior to obtaining a conditional use permit. 10. No cluster arrangement shall be allowed where access to the court is by a local, as opposed to arterial or collector, street. 11. Signs shall not exceed nine (9) square feet. Under no circumstances may such signs be of exposed neon or have any flashing or moving parts. 12. Each dwelling space shall be a minimum of five thousand (5,000) square feet in area. 13. Each dwelling space shall contain no more than one production building and each such building shall be a single-family dwelling. 14. Except as otherwise provided herein, the cluster arrangement shall meet all applicable provisions of titles 16 and 17 of this code, as they may be amended. The city council shall have the right in approving a production building cluster arrangement under this section to impose any additional conditions, including increasing the above standards and requiring the approval of operating and management standards, which are found by the council necessary to the area where it is located. J. Production Building Sales Office: Anything in this title to the contrary notwithstanding, a production building sales site may use one class I, class II or class III production building as a sales office. K. Riding Stables And Schools: Riding stables and schools shall: 1. Locate all stables or loafing sheds not nearer than three hundred feet (300') from any residence, except for an owner's residence. All facilities shall be set back a distance of thirty feet (30') from any property line. 2. Be designed and located with full consideration being given to their proximity to adjacent uses and their effect upon adjacent and surrounding properties, as to the storage of horse trailers and the factors of noise and odor. 3. Be required that the owner or operator of such use shall have a continuous obligation to maintain adequate housekeeping practices to prevent the creation of a nuisance. L. Vehicle Storage Sites: Vehicle storage sites shall: 1. Be enclosed by a properly maintained screening fence sufficient to keep vehicles on the premises from public view and from the view of existing adjoining residential property or residentially zoned areas, whether or not such property is separated by an alleyway or street. Any screening fence constructed to satisfy this requirement shall not exceed eight feet (8') in height, measured from the natural elevation of the land. These requirements shall supplement other provisions of this title and, if another provision also applies, the more restrictive shall control. Vehicle storage sites may be located within a self-service storage facility provided the vehicle storage area is less than 25% of the lot area and allowed in the zoning district. 2. Be free of all weeds and other rank vegetable growth. 3. Not contain more than two (2) acres. M. Vehicle Sales Sites: Vehicle sales sites shall be operated and maintained in compliance with the following standards: 1. A minimum distance of three feet (3') shall be maintained between vehicles displayed for sale. 2. No vehicles shall be parked within the dimension of a sight triangle defined in subsection 18.14.020F of this title. 3. Vehicles offered for sale shall be displayed in an orderly manner and be kept clean and display an appearance of being operable. (Ord. 755, 2016; amd. Ord. 823, 2021; Ord. 845, 2022; Ord. 846 § 5, 2022; Ord. 854 §2,2022) 18.28.030: VARIANCES: A. Applicability: A variance shall not be considered a right or special privilege but may be granted upon a determination by LUDC that the approval criteria are satisfied. A variance pursuant to this Chapter shall not apply to variances as described in Chapter 15.54 Flood Damage Prevention, nor shall it apply to parking requirements, or other deviations allowed in other sections of code. For purposes of this chapter, a variance is defined as the modification of the bulk and placement requirements of the Land Use Ordinance as to one (1) or more of the following items only: 1. Minimum lot area (square feet). 2. Minimum lot width and depth. 3. Minimum lot frontage. 4. Minimum front yard setback. 5. Minimum rear yard setback. 6. Minimum side yard setback. 7. Maximum building or structure height. 8. Any other land use ordinance provision affecting the size or shape of a structure or building or the placement of a structure or building upon a lot, or the size of lots. B. General Requirements and Procedures: 1. Authority to Apply: Any person who owns or has a contractual interest in real property governed by this title may apply for a variance. 2. Deadline for Complete Applications is Twenty -Eight (28) Days before Hearing: Complete applications containing the required information and, in the format prescribed by the CSD and all fees as established by resolution of the Council shall be submitted to the CSD at least twenty-eight (28) calendar days before the desired hearing. If an application is deemed incomplete and additional information is required from the applicant, the CSD may remove the item from the desired meeting's agenda. If upon review the CSD determines that an application is of such unusual complexity that more time is needed to thoroughly review and analyze an application to make findings and a recommendation to LUDC, the CSD may cause the application to be heard no later than one (1) regularly scheduled meeting after the originally anticipated meeting. 3. Notification Requirements: Notices for the public hearing shall be provided in accordance with section 18.28.010 C. 4. Public Hearing: A public bearing shall be held by LUDC in accordance with procedures adopted by Council resolution. At the public hearing, LUDC shall receive pertinent evidence concerning the proposal, particularly with respect to the standards of approval in Section 18.28.030 B.5. 5. Standards for Approving a Variance; written final decision required: A variance maybe only approved if LUDC makes affirmative written findings of fact on each of the following standards: a. The applicant has taken all reasonable steps to comply with the strict terms of the ordinance from which a variance is requested. b. Granting of the variance is not a right or special privilege. c. 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. d. 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. e. Granting of the variance does not demonstrably adversely affect adjacent/nearby property. f. Granting of the variance is not detrimental to the public health, safety, and welfare. 6. Precedents: The granting of a prior variance or referencing property developed under prior regulations is not admissible evidence for the granting of a new variance. Each request for a variance shall be judged on its own facts and circumstances. 7. Effective Date: The decision of LUDC shall be effective ten (10) calendar days from the date that the findings of fact and conclusions of law is approved by the Chair. Exhibit ••- 18.28.0 30 8. Application Resubmittal: No application for a variance that has been denied by LUDC shall be resubmitted in either the same or substantially same form less than one (1) year from the date of the final action, unless specifically authorized by LUDC, or the Council upon hearing an appeal. 9. Regulatory Tapings Analysis: Denial of a variance or approval of the same with conditions not acceptable to the landowner may be subject to a regulatory takings analysis provided for by Idaho Code section 67-8003, consistent with the requirements established thereby. 10. Variance Expiration: Authorization for an approved variance shall be valid for a period of one (1) year from the date of approval. The applicant must initiate implementation of the approved variance through construction within one (1) year from the date of approval. The approval shall become null and void in the event that implementation of the variance and all conditions are not initiated within said one (1) year period. A variance permit that has expired prior to implementation shall not be reestablished without a new variance being approved, unless the permit is otherwise extended under the terms of this chapter. 11. Time Extension. An applicant who has been granted a variance may request a time extension that does not exceed an additional six (6) month period. A request for a time extension must be submitted in writing to the CSD at least thirty (30) days prior to the expiration of the approved variance permit. The CSD may grant the request provided the applicant demonstrates good cause for the extension of the approved permit. Only one extension may be granted. A denial of a time extension by the Director may be appealed to LUDC in accordance with section 18.28.070. 12. Administrative Variance: The CSD may approve the modification of a setback, building height, lot coverage, or building footprint size requirements of this Title by up to ten percent (10%), in writing, subject to the following requirements: a. The applicant must provide written consent from all adjoining property owners of record, signified by the owner's signature on a form provided by the PWD; for purposes of this chapter, if one property owner of a property listed with multiple property owners provides written consent, this requirement shall be deemed satisfied for that property. (1) The consent form shall clearly describe the nature of the proposed variance request and state that the property owner, by signing the form, is consenting to the variance request. (a) If any of the adjoining owners fail to sign the form, then the administrative variance cannot be processed by the CSD. (b) If the applicant fails to obtain all of the required signatures, they may at their own discretion, submit a variance application pursuant to this section. b. The application meets the standards for approving a variance set forth in section 18.28.030 B.S. (Ord. 246 § 2, 1983: Ord. 241 § 7-3, 1983: Ord. 832, 2021: Ord. 845 § 13, 2022) PROOF OF PUBLICATIOW EMPOSN E}ikN G rFIE CDM M UNITY 51T10E 1890 AHS STATE Idaho State Journal ID a MryIYfAPAIW5iA1FJEVW✓Jki-CNS state of Idaho Counties of Bannock and Caribou 1, Collins Crapo first being duly sworn, depose and say: That I am the Processing Clerk employed by Adams Publishing Group of the Rockies LLC, publishers of Idaho State journal, a newspaper of general circulation, published 4 days, Tues -Wed -Friday and Saturday, at Pocatello, Idaho. That the notice, of which a copy is hereto attached and made a part of this affidavit, was pub- lished in said Idaho State journal and on ldahopublicNotices.com for I day(s), first publication having been made on 04127/2024 last publication having been made on 0412712024, and that the said notice was published in the regular and entire issue of said paper an the respective dates of publication, and that such notice was published in the newspaper and not in a supplement. 4 _f Subscribed and sworn to before me, on this 29th day of April, 2024 Notary Public My commission expires: attached jurat STATE OF IDAHO ss. C—OUNTIFS OF BANNOCK AND CARIBOU On this 29th day of April, 2024 before ine, the undersigned, a Notary public far said state, personally appeared Collins Crapa, known or identified to me to be the person(s) whose name(s) islare subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that helshelthey executed the same, IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. BETH CROSSLEY 18167 NOTARY PUBLIC STATE OF IDAHO My COMMISSION EXPIRES 0712$125 507067 - -4,�, y 4 Notary public for APG of the Rockies Residing: 3daho Falls, Idaho Commission expires, AD# 507067AD# NOTICE OF PUBLIC HEARING CITY OF CHUBBUCK, IDAHO NOTICE 15 HEREBY GIVEN that the Land Use & Develop- ment Commission of the City of Chubbuck, Idaho, will conduct a Public Hearing at 6:00 pm on May 14,2D24 at Chubbuck City Council Chambers, 290 East Linden Ave., Chubbuck, Idaho. Public hearings will be held with respect to the following Items: 1. An application 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. The proposal would accommodate a detached garage for the subjoct property, lo- cated at 1026 Lexington St in Chubbuck, ID. The application will be reviewed against criteria in section 18.28.030,13.5 of City Code. Type of action: Decision. buck usnatestimony least? days prior to theMust be ehearing, shall comply wj h standards established in City resolution 2021-08. A complete description of each item is available to the public on request to jbowers9cltyofchubbuck.us. Commission packets are gen- erally avaflabfo the week before the meeting at httpa.1/city- ofchubhuck.us/land-use-commission/ or are available by contacting the City Clerk. Any and all persons may register comments, protests, or agreements on the hearing subjects befng considered. Oral tostfmony concerning these proposals may be offered at the public hearing. Commission may Limit oral testimony. Any person needing special accommodations to participate In the meeting should contact the City Clerk, Joey Bowers at jbowers@cftyofchubbuck.us at least 24 hours prior to the meeting, Joey Bowers Published: April 27th, 2024 (ISJ848-507067) Cdy Clerk fid: CHUBBUCK Community Services Departs Planning Services Division 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 www.CityofChubbuck.us May 14, 2024 NOTICE IS HEREBY GIVEN that the City of Chubbuck Land Use and Development Commission will conduct a public hearing and deliberation at 6:00 PM on May 14, 2024 at Chubbuck City Council Chambers, 290 E Linden Avenue, Chubbuck, Idaho. The item to be discussed is described below. You are provided special notice of the following proposal pursuant to Idaho and City codes, as a property owner of record within a defined distance or as a political subdivision/utility as is otherwise required by law. The hearing will be open to the public and you are notified of your opportunity to testify in favor of, neutral to, or against the proposal. A public hearing will be held with respect to the following item: An application 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-7) zone. The proposal would accommodate a detached garage for the subject property, located at 7026 Lexington St in Chubbuck, ID. The application will be reviewed against criteria in section 78.28.030.8.5 of City Code. Type of action: Decision. Note: If approved, the shop building would be allowed within five feet from the sidewalk on Freedom Ave. Materials available to the public: Complete copies of the proposal are available by contacting Don Matson, Planning Services Manager: o Email: dmatson@cityofchubbuck.us o City Hall: 290 E. Linden Avenue, Chubbuck o Phone: 208-239-3252 Providing comment: Any and all persons may register comments, protests, or agreements on the hearing subjects being considered. • Written testimony, including emails, must be received at least 7 days prior to the hearing, and shall be considered public record (see address above). • Complete staff reports will be available at City Hall 6 days before the public hearing and will be presented to the Commission with any written testimony received prior to the deadline. o The report will be available to review at the above address or on the city website: o cityofchubbuck.us 4 Government 4 Land Use and Development Commission --> Land Use Meeting Packets (scroll down the page) • Oral testimony concerning the proposal may be offered during the public hearing. The Commission may limit oral testimony. Reference map: Procedure: The application will be reviewed by the LUDC against criteria in section 18.28.030.B.5 of City Code. A variance may be only approved if LUDC makes affirmative written findings of fact on each of the following standards: a. The applicant has taken all reasonable steps to comply with the strict terms of the ordinance from which a variance is requested. b. Granting of the variance is not a right or special privilege. c. 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. d. 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. e. Granting of the variance does not demonstrably adversely affect adjacent/nearby property. f. Granting of the variance is not detrimental to the public health, safety, and welfare. Special accommodations: Any person needing special accommodation to participate in the meeting should contact Joey Bowers, City Clerk, at 208-237-2400 at least 24 hours prior to the meeting. 290 E Linden Avenue, Chubbuck, ID 83202 Phone 208.237.2430 CHUBBUCK www.CityofChubbuck.us 1AAAA EXHIBIT 5.C: EVIDENCE OF NOTICE; NOTICE AREA SURROUNDING PROPERTIES Public Notification SO—., .arch far • f—. in d. ma Address Q a " c n Apply a march distan 1ao F ­ Adds Lager ParW Owner .— Formrt Comma-.paraud valuaa 9 addreaxesf—rd; doyou wa . core Mailing list for notices re: Variance request at 1026 Lexington NAME BERG, LUCAS LEVI DAY, PATRICIA BLOOM, ROBERT GILBERT BROWER, JEREMY HARRAL, QUINTIN JOHN ZHU, HUANG LIANG CROWELL, THOMAS D BRINGHURST, DALLIN J DAVENPORT, BRYAN MERZLOCK, AARON ADDRESS 4921 FREEDOM AVE 1033 LEXINGTON ST 4918 FREEDOM AVE 4888 FREEDOM AVE 1026 LEXINGTON ST 4910 FREEDOM AVE 4891 FREEDOM AVE 1034 LEXINGTON ST 4902 FREEDOM AVE 1019 LEXINGTON ST CITY, ST, ZIP CHUBBUCK, ID 832023049 CHUBBUCK, ID 832023054 CHUBBUCK, ID 832023048 CHUBBUCK, ID 832020000 CHUBBUCK, ID 832023053 CHUBBUCK, ID 832020000 CHUBBUCK, ID 832023058 CHUBBUCK, ID 832020000 CHUBBUCK, ID 832023048 CHUBBUCK, ID 832020000 FW: Lexington Ave Joey Bowers <JBowers@cityofchubbuck.us> Tue 4/16/2024 1:57 PM To:Don Matson <dmatson@dtyofchubbuck.us> -----Original Message ----- From: Sarah Williamsen-mckinney [mailto:heath sarahPaol.coml Sent: Tuesday, April 16, 2024 1:SS PM To: Joey Bowers <JBowers@cityofchubbuck.us> Subject: Fwd: Lexington Ave To whom it may concern: am writing to let you know our neighbors, the Harral's are wanting to build a shed in their back yard. We have no objection to that and also have no bias to them either. We live in Freedom Ave. Thanks, -The McKinney's Sent from my iPhone CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. i, Anthony Harral am seeking a Variance of codes 18.08.042 and 18.12. to change the backside yard setback from 20 feet to 10 feet. This is so that 1 would be able to build a shop in my backside yard. Name Name Address Phone Number (Printed) (Signed) R &4('sn4 i e�j Ao, ' r2, 10 3 Z- --� yr�9 49 6 'ejam, Av�p, WF- A2 &4('sn4 i e�j 18.06.410: YARD: Open land on the same lot with a structure. A. Front yard: The space extended straight across the full width of the lot adjacent to the front street line, except where the "side yard" overlaps. B. Rear yard: The space extending straight across the full width of the lot adjacent to the rear lot line, except where the "side yard" overlaps. C. Side yard: The space extending from the front yard line to the rear yard line between the side lot line and the nearest wall of the principal structure. D. Yard setback: The distance from the nearest wall of the principal structure to the front street line, rear lot line or side lot line, as indicated by the context. E. Yard width: Distance between side lot lines at the required structure front yard setback line. (Ord. 620 § 1, 2006; amd. Ord. 822, 2021) 18.08.042: SCHEDULE OF GENERAL CONTROLS; REGULATIONS: A. Height And Area Regulations: Land Maximum Minimum Minimum Rear Yard Minimum Side Yard Setback' Minimum Minimum Use Height Front Yard Setback Total Lot Area District Setback Yard Per Width Household Dwelling (In Square Feet) Land Use Maximum Minimum Minimum Minimum Side Yard Setback' Minimum Minimum District Height Front Yard Rear Yard Total Lot Area Setback Setback Yard Per Width Household Dwelling (In Square Feet) A 35' 25' 20' 14'- 5' 70' 1 acre R-1 35' 25' 20' 14'- 5' 70' 7,000 first household, plus 4,000 each additional R-2 35' 25' 20' 14'- 5' 60' 6,000 first household, plus 2,500 each additional R -2P 35' 25' 20' 14'- 5' 50' 5,000 per household R-3 50' 15' 15' 10' - 0' 40' 5,000 first household, plus 1,500 Note: 1. Minimum total setback is indicated on left; minimum setback for a side yard is indicated on right. In addition, the setback for at least 1 of the side yards shall be a distance of no less than 9 feet. B. Corner Lot: On a corner lot, regardless of the facing or configuration of the principal structure, there shall be a yard on one side that is at least the amount of the minimum front yard setback set forth in subsection A of this section, and the other side on the corner shall be not more than five feet (5') less than the setback set forth in subsection A of this section. If a garage or carport opens into the smaller of the two (2) setbacks, the garage shall set back the same distance as the required front yard setback on the adjacent corner. C. Setbacks: Setbacks for a zero lot line residence or a single- family residence in an R -21P zone shall be the same as that of the land use district within which the development lies except the minimum total yard width and the minimum lot area per household dwelling may be a minimum of seventy five percent (75%) of that required for a household dwelling in that district. Additionally, one side yard setback may be zero and the other side yard setback may be a minimum of ten feet (10'). Two (2) zero lot line residences must be simultaneously constructed to form an abutting zero lot line residence. Construction of a single zero lot line residence is not permitted, unless construction is of a freestanding single-family home in an R -21P zone or on a zero lot line subdivision where a waiver has been granted. (Ord. 755, 2016) 18.12.030: SUPPLEMENTAL CONTROLS FOR PARTICULAR USES: A. Accessory Structures: 1. May not be located within: a) the front yard, and b) the minimum side yard setback area required by section 18.08.042 of this title extended twenty feet (20') to the rear of the principal structure. 2. Shall not be located closer than twenty feet (20') from any residential structure on adjoining lands. 3. Consisting of railroad cars, truck trailers or vans, or production buildings formerly used as a dwelling are excluded from all residential and agricultural districts and may only be allowed in industrial and commercial districts upon issuance of a conditional use permit. each additional R-4 60' 10' 10' 10' - 0' 40' 2,400 first household, plus 1,000 each additional C-1 45' 10' 10' 10' - 0' 40' Same as R-4 C-2 70' 10' - - - - 1 70' 10' - - - - Note: 1. Minimum total setback is indicated on left; minimum setback for a side yard is indicated on right. In addition, the setback for at least 1 of the side yards shall be a distance of no less than 9 feet. B. Corner Lot: On a corner lot, regardless of the facing or configuration of the principal structure, there shall be a yard on one side that is at least the amount of the minimum front yard setback set forth in subsection A of this section, and the other side on the corner shall be not more than five feet (5') less than the setback set forth in subsection A of this section. If a garage or carport opens into the smaller of the two (2) setbacks, the garage shall set back the same distance as the required front yard setback on the adjacent corner. C. Setbacks: Setbacks for a zero lot line residence or a single- family residence in an R -21P zone shall be the same as that of the land use district within which the development lies except the minimum total yard width and the minimum lot area per household dwelling may be a minimum of seventy five percent (75%) of that required for a household dwelling in that district. Additionally, one side yard setback may be zero and the other side yard setback may be a minimum of ten feet (10'). Two (2) zero lot line residences must be simultaneously constructed to form an abutting zero lot line residence. Construction of a single zero lot line residence is not permitted, unless construction is of a freestanding single-family home in an R -21P zone or on a zero lot line subdivision where a waiver has been granted. (Ord. 755, 2016) 18.12.030: SUPPLEMENTAL CONTROLS FOR PARTICULAR USES: A. Accessory Structures: 1. May not be located within: a) the front yard, and b) the minimum side yard setback area required by section 18.08.042 of this title extended twenty feet (20') to the rear of the principal structure. 2. Shall not be located closer than twenty feet (20') from any residential structure on adjoining lands. 3. Consisting of railroad cars, truck trailers or vans, or production buildings formerly used as a dwelling are excluded from all residential and agricultural districts and may only be allowed in industrial and commercial districts upon issuance of a conditional use permit. 4. Shipping containers, including containers used on oceangoing vessels and/or railcars are generally excluded from all residential districts, except as provided herein, but are allowed in agricultural, industrial and commercial districts upon issuance of a conditional use permit and are permitted on a temporary basis without a conditional use permit in industrial and general commercial districts for up to one hundred eighty (180) days. The Community Services Director may allow a shipping container in any district, including a residential district, during construction for use by the contractor and any subcontractors for the period of construction not to exceed ninety (90) days. If the container(s) is in a rusted, blighted or deteriorated condition, it shall not be allowed or, if already in place, shall be removed, whether or not a conditional use permit has been granted. A shipping container may be allowed in a residential district for purposes of allowing household goods to be moved or stored temporarily for a period not to exceed ninety (90) days; the above provisions for rusted, blighted or containers in a deteriorating condition shall apply and containers shall not block roadways or driveways. mmencls'20' to rem of