HomeMy Public PortalAboutVAR-11-01 2012.03.08 - Roser SetbacksIN RE:
ROSER Setbacks
Variance
File Number: VAR-11-01:
Instrument # 367501
VALLEY COUNTY, CASCADE, IDAHO
3-15-2012 04:35:11 No. of Pages: 9
Recorded for : CITY OF MCCALL
ARCHIE N. BANBURY Fe_e, 0.00
Ex-Officio Recorder Deputy rtn
Index to: MISCELLANEOUS RECORD
MCCALL CITY COUNCIL
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND
DECISION
FINDINGS OF FACTS
Applicant: Steve and Lori Roser
Representatives: Cameron Cordova
Application: Variance from the fifty -foot (50 ft) setback of the Shoreline Zone and front
setback from Chula Road
Address: 491 Chula Road, McCall, Idaho 83638
Location: Situated in the County of Valley, State of Idaho, to -wit: Lot 16, Rio Vista
Subdivision No. 1 according to the official plat of the Recorder, Valley County,
Idaho, recorded December 16, 1965 as instrument No. 64447, Book 3 of Plats, at
page 13.
Public Notice: N/A —The application was recommended by the McCall Area Planning & Zoning
Commission for approval to City Council without holding a second public
hearing.
Procedural History: A public hearing was held, and this application was reviewed by the McCall Area
Planning & Zoning Commission and recommended for approval to City Council
on July 12, 2011. On October 6, 2011, City Council remanded the application
back to the McCall Area Planning & Zoning Commission for consideration of
newly -presented information. On January 10, 2012, the McCall Area Planning &
Zoning Commission held a properly -noticed second public hearing, revisited the
Zoning:
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McCall City Council —March 8, 2012
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application, and recommended the variance application for approval to City
Council. On January 10, 2012, the McCall Area Planning & Zoning Commission
also approved a companion Design Review (DR-11-33) application for the
proposed residential structure on the subject property.
R4 — Low -Density Residential
Shoreline and River Environs Zone
APPROVAL STANDARDS
Title 3, Chapter 13
Variances Authorized
(A) Duties Of Commission: The Commission will set the date for and hold a public hearing and
subsequently make recommendations to the Council for approval or denial of the request in
accordance with the provisions set forth in chapter 15, "Procedures, Appeals And Actions", of this
title. The power to grant variances does not extend to use regulations.
The application was scheduled for a public hearing at the July 12, 2011, and January 10, 2012,
meetings of the McCall Area Planning and Zoning Commission.
(B) Limitation On Granting: Variances shall not be granted on the grounds of convenience or profit,
and hardships created by a former or present owner of the property will not justify a variance.
The hardships from which the current owner is requesting relief are not the result of either the
former or current owners. The request is not based on the grounds of convenience or profit, rather
the ability to reasonably enjoy a residential property.
(C) Modification Of Requirements: A variance may be granted modifying the requirements of this title
respecting: lot width; lot depth; front, side, and rear yard setbacks; lot coverage; parking space;
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McCall City Council —March 8, 2012
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height of buildings; or other ordinance provisions affecting the size or shape of a structure or the
placement of the structure upon lots, or the size or shape of lots. A variance may not be used to
authorize a land use not otherwise allowed in the applicable zone or to increase the density of
development beyond that which is authorized in the comprehensive plan.
The applicant is requesting relief from the 50' setback from the High Water Mark and relief from the
20' setback from Chula Road.
(D) Granting Variances Authorized: The commission may grant variances to the regulations prescribed
by this Title 3, and Title 9 of this McCall City Code, in accordance with the procedures prescribed in
those chapters, with respect to any property development standard, performance standard, sign,
accessory structure, wall or fence.
The variance request is in regard to a property development standard (setbacks).
(E) Varying Only To Extent Necessary: In the event that a variance is granted, the restricting zoning
regulation(s) shall be varied only to the extent necessary to relieve the applicant of the immediate
hardship; the existence of hardship does not confer upon the applicant a right to a variance where
the function of the proposed construction can be made to conform to the requirements of this
title.
The Council has considered the Variance request and has created conditions of approval that grant
the variance only to the extent necessary to relieve the applicant of the immediate hardship (see
conditions of approval).
(F) Imposing Conditions: In granting any variance, the Commission may prescribe appropriate
conditions of approval in conformity with this title to reduce the impact of the variance. One such
condition of approval shall be a stated date before which it must be exercised, or lapse.
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The Council has created conditions of approval that reduce the impact of the variance based on the
Commission's recommendation (see conditions of approval).
Variance Standards
A variance shall not be granted unless the Commission makes specific findings of fact based directly
on the particular evidence presented to it which supports conclusions that the standards and
conditions have been met by the applicant. The Commission may grant a variance only upon the
following findings:
(A) Special physical conditions and circumstances applicable to the land, structure or building
involved make a literal enforcement of the provisions of this title an undue hardship; provided,
that:
1. Economic hardship alone is not to be considered as an undue hardship; and
2. The special conditions and circumstances are peculiar to the land, structure or building
involved, and are not applicable to other lands, structures or buildings conforming to Title 3,
McCall City Code in the vicinity; and
3. That these special conditions and circumstances do not result from the actions of an owner of
the land; provided, that for purposes of a variance as to the characteristics of a building, a
subdivider who is not the applicant is not to be considered an owner for these purposes.
The setbacks on the subject property, including the setbacks from Chula Road and from the High
Water Mark, create a building envelope of approximately 2,224 sq. ft. A literal enforcement of
these setbacks would not allow for construction of the desired structure on the property and
would therefore pose an undue hardship on the applicant. This hardship is not solely economic
and the special conditions are particular to the site as it is a unique parcel. As the owner has no
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McCall City Council —March 8, 2012
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control over the establishment of setbacks, the circumstances from which the owner is
requesting variance are of no result of the owner's actions.
(B) Granting the variance would preserve for such property privileges enjoyed by other property in
the vicinity; provided, that:
1. No nonconforming use of neighboring lands, structures or buildings in the same zone, and no
use of lands, structures or buildings in other zones, shall be considered a privilege enjoyed by
other property in the vicinity; and
2. Granting the variance requested will not confer on the applicant any special privilege that is
denied by this title to other lands, structures or buildings in the same zone, and affected by
the same conditions and circumstances.
The property privilege that the owner wishes to enjoy is the construction of a residential
structure on a residential property. This privilege is enjoyed by all residential property owners
in the vicinity and City-wide. No nonconforming uses by adjacent property owners are being
considered as a privilege for the sake of requesting the variance. Granting the ability to
construct a residential structure on the subject property will not confer any special privilege on
the subject property denied to other lands affected by the same conditions.
(C) Granting the variance would not be in conflict with the public interest and will not alter the
essential character of the neighborhood or violate the comprehensive plan.
Granting the variance will not be in conflict with the public interest, as long as the details of the
granted variance require the applicant to meet the goals, objectives, and requirements of the
relevant zoning districts, such as the R4 Zone and the Shoreline and River Environs Zone, and other
relevant sections of Title 3, McCall City Code to the fullest extent possible, while also allowing the
reasonable enjoyment of the property (see conditions of approval).
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McCall City Council —March 8, 2012
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DEPARTMENT/AGENCY COMMENTS
Central District Health Department (CDHD)
CDHD submitted a letter (dated October 28, 2011) stating that a new three bedroom home can be
connected to the existing septic system on the lot provided that the existing residence is removed, that
the new dwelling meet required setbacks from the existing septic system, the existing metal septic tank
is replaced with a new 1000 gallon tank, and a replacement drainfield can be located a minimum of 90
feet from the river high water mark.
McCall Public Works
The Street Superintendant (via verbal conversation) has indicated that the proposed 12.5 ft setback
from Chula Road is adequate.
The Water and Sewer Superintendant (email dated December 7, 2011) stated that an existing water
meter pit is located within the proposed driveway drive lane and will need to be relocated with
excavation at the applicant's expense and the City will provide parts and labor to assist with the
relocation. This has been included as a condition of approval.
CONCLUSIONS OF LAW
1. The City of McCall has provided for the processing of Variances, authorized by Section 67-6516,
Idaho Code, pursuant to Title 3, Chapter 13 of McCall City Code.
2. Adequate notice of the January 10, 2012, public hearing was provided, pursuant to Section 67-6516,
Idaho Code and Title 3, Chapter 15 of McCall City Code.
3. Upon compliance with the conditions noted below, the application meets the Variance Standards
set forth in Title 3, Chapter 13 of McCall City Code.
4. The McCall Area Planning and Zoning Commission recommended that a second public hearing was
not necessary.
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McCall City Council —March 8, 2012
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DECISION
THEREFORE, the McCall City Council hereby approves this Variance (VAR-11-01) application, provided
that the following conditions are met:
1. The applicant shall be granted the proposed Shoreline setback of 35' and front setbacks of 12.5'
as relaxations presented in the application materials and plan. The setbacks may be increased
but in no circumstances may the setbacks be decreased. The size sq. ft. of 1,884 for the
structure's footprint shall not be increased from the approved plans. Any changes to the
presented project will require the applicant to go back through the variance process.
2. The applicant shall receive final engineering approval prior to the issuance of a building permit.
3. The applicant shall provide final Central District Health Department septic approval prior to
issuance of a building permit.
4. The applicant shall coordinate with McCall Public Works to relocate the existing meter pit from
the proposed driveway approach and shall, at the applicant's expense, provide excavation
services necessary to accomplish this relocation.
5. The applicant shall submit a stormwater management plan, in accordance with the City's
Drainage Management Guidelines (DMG's), prior to receiving final engineering approval.
6. The applicant shall secure a right-of-way permit for the construction of the driveway prior to
issuance of a building permit.
7. Prior to receiving final engineering approval, the applicant shall provide an engineering report
that includes the following:
a. A FEMA elevation certificate, stamped by a licensed engineer, architect, or surveyor that
identifies the elevation of the lowest floor of the structure in relation to the 100 year
flood plain as illustrated by the flood insurance rate map (FIRM) no. 160220 0304A.
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McCall City Council —March 8, 2012
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b. A geotechnical engineering assessment of the site evaluating the proposed foundation
design and any soil/fill modifications given the expectation of saturated soil conditions.
c. A letter issued by a wetlands specialist certified by the US Army Corps of Engineers
certifying that no wetlands related issues or issues related to fill of navigable waters are
presented by the proposed development, or that a section 404 permit has been issued
or is forthcoming.
8. Applicants shall provide exterior lighting details that meet McCall's exterior lighting standards
pursuant to Title 3, Chapter 14 of the McCall City Code (MCC 3.14) prior to issuance of a building
permit.
Regulatory Taking Notice: Denial of a Variance application, or approval of a Variance application with
conditions unacceptable to the landowner, may be subject to the regulatory takes analysis provided for
by Section 67-8003, Idaho Code.
F. s of Fact and Conclusions of Law adopted this 8th cja y of March, 2012.
e,
Donald C. Bailey, Mayor
Attest:
BessieJo Wa: -'', City CI
ACKNOWLEDGMENT CERTIFICATE
STATE OF IDAHO )
) ss.
County of Valley
On this g day of .227_acie
personally appeared Don Bailey and BessieJo
the City Clerk of the City of McCall,
acknowled me.
.osO�tA �U� J'•.•D
, 2012, before me
Wagner known to me to be the Mayor and
that executed the said instrument, and
Notary Publro-�
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