HomeMy Public PortalAboutVAR-12-01 2012.04.12 - Lardo Dam SetbacksIN RE:
Lardo Dam Setbacks
Variance
File Number: VAR-12-01
McCALL CITY COUNCIL
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND
DECISION
FINDINGS OF FACTS
Applicant: Lake Reservoir Company, Inc.
Representatives: Ron Shurtleff
Application: Variance from the fifty -foot (50 ft) setback of the Shoreline and River
Environs Zone.
Companion Application(s): DR-12-03, SR-12-01— Approved by McCall Area Planning and Zoning
Commission on March 6, 2012.
Address: Lardo Dam site —358 Mather Road, McCall, Idaho
Location: Beginning at a point on the west side of Mather Road at a distance of
751.3 ft. S. 66° 43' W. from a certain meander corner stone in the east
boundary of Lot 4, Section 8, Township 18, North of Range 3 East, B.M.,
and on the south shore of Big Payette Lake; thence N. 21° 28' E. 64.1 ft.
to the west side of said Mather Road, thence following the arc of a
curve with a radius of 85 ft. along said Mather Road a distance of 19.7
ft., thence W. 46° 54' W. along the west side of said road 76.8 ft. to the
place of beginning.
Procedural History: The applicant provided a pre -application presentation of the project to
the McCall Area Planning and Zoning Commission on February 7, 2012.
The McCall Area Planning and Zoning Commission held a properly-
Public Notices:
Zoning:
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McCall City Council — April 12, 2012
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noticed public hearing, approved the companion Design Review and
Scenic Route applications, and recommended PUD-12-01 for approval
by City Council on March 6, 2012.
Publishing: Public notice published in The Star News on March 22, 2012.
Posting: Public notice posted on subject property on March 26, 2012.
Mailing: To property owners within 300 ft. on March 26, 2012.
R8 — Medium 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.
A properly -noticed public hearing was held at the March 6, 2012, meeting of the McCall Area
Planning and Zoning Commission. The Commission recommended the application for approval to
City Council, with a second public hearing.
(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.
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McCall City Council — April 12, 2012
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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 protect mechanical equipment for operation of the dam.
(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;
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 Shoreline and River Environs zone 50' setback from the
High Water Mark of the North Fork of the Payette River, in which no structures can be built.
(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.
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McCall City Council — April 12, 2012
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The applicant is requesting that the 50 ft. Shoreline and River Environs Zone setback only to the
extent necessary to facilitate placement of the equipment storage building within service distance of
the Lardo Dam.
(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.
The Commission has created conditions of approval that include the stated date before which the
variance must be exercised or lapse (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.
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McCall City Council — April 12, 2012
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A literal enforcement of the 50 ft. 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 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 an accessory
structure to house equipment necessary for the operation of the dam. 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 an accessory 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.
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McCall City Council — April 12, 2012
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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 R8 Zone, the Scenic Route overlay, 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 use of the property (see conditions of approval).
DEPARTMENT/AGENCY COMMENTS
Idaho Power
In an email dated February 6, 2012, Idaho Power stated that the existing electric power supply to the
site will likely be adequate, that it would be best to maintain the existing underground electric service
and meter panel, and that Idaho Power has not received any request for possible relocation or upgrade.
Idaho Transportation Department (ITD)
In a letter dated February 6, 2012, ITD indicated that the agency does not object to the project and that
it requires no mitigation.
Idaho Department of Lands (IDL)
In a letter dated February 13, 2012, IDL stated that any development that encroaches in, on, or over the
beds of navigable waters are subject to permitting requirements from IDL, and an easement for the
existing dam structure is also required as none currently exists. These issues have been included in the
conditions of approval.
McCall City Engineer
In an email dated February 13, 2012, the City Engineer outlined the following issues related to the
subject property:
Lardo Dam - Setback Variance — Findings of Fact
McCall City Council — April 12, 2012
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1) No formal parking plan is on record for the area of the property immediately adjacent to the
Mather Road right of way, nor has the City issued a ROW permit approving access off Mather
Road. A meeting with the City Engineer and Streets Dept. to outline a parking plan has been
requested.
2) The subject site has become disturbed and eroded due to users accessing the river
downstream of the darn and runoff from upslope areas. Submittal of a stormwater drainage
report that identifies erosion control measures is required and is a component of City
engineering approval prior to issuance of a building permit.
City of McCall GIS
In an email dated February 6, 2012, the City of McCall GIS Dept. indicated that the new structure at
Lardo Dam should be addressed as 358 Mather Road and the address should be posted pursuant to the
City of McCall's addressing guidelines. 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 April 12, 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
necessary.
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McCall City Council — April 12, 2012
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DECISION
THEREFORE, the McCall City Council hereby approves this Variance (VAR-12-01), provided that the
following conditions are met:
1. The applicant shall be granted the proposed Shoreline setback of 11 ft. as presented in the
application materials and plan. The setbacks may be increased but in no circumstances may the
setbacks be decreased. The size of 168 sq. ft. 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 apply for and receive a building permit from the City of McCall prior to any
site disturbance or commencement of construction.
3. The applicant shall receive final engineering approval prior to the issuance of a building permit.
4. Prior to issuance of a building permit, the applicant shall secure necessary permits and/or
easements from the Idaho Dept. of Lands, including an easement for the existing dam structure.
5. The applicant shall address the new structure as 358 Mather Road and post the address on the
building pursuant to the City of McCall addressing guidelines.
6. This variance approval shall expire one year from the date of City Council approval at which time
construction of the proposed structure must be complete.
7. The applicant shall work in good faith with relevant City staff/departments on the formalization
of the parking area on the property (both private and public) to address safety, stormwater
management, and compliance with City parking standards through the development of this
project, as well as subsequent activities undertaken by the Public Works Department and/or
Parks and Recreation Department such as Mission Street and bike path
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McCall City Council — April 12, 2012
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reconstruction/relocation, possible river access improvements, and installation of a buoy line
above the dam structure .
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.
Findings of Fact and Conclusions of Law ado ted this 12th day of April, 2012.
Donald C. Bailey, Mayor
Attest:
BessieJo Wagne
Clerk
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