SOS / Waiver of Subdivision Standards / John Cashin

Transcription

1 SOS / Waiver of Subdivision Standards / John Cashin Summary John Cashin requests a Waiver of Subdivision Standards in the Boise Development Code that requires construction of new sidewalk for approval of a Record of Survey for a Property Line Adjustment. Prepared By David Abo, AICP, Subdivision Analyst Recommendation Approval of SOS Reason for the Decision The request to waive the requirement for constructing a new sidewalk on the west side of South Holden Lane north of East Boise Avenue would not diminish the quality of the development and the public welfare and the interests of the City are protected, the general intent and spirit of the Zoning Ordinance are preserved and conformity to the Comprehensive Plan is assured.

2 Planning Division Waiver Report File Number Applicant Property Address SOS / Waiver of Subdivision Standards John Cashin 1118 East Boise Avenue and 2811 South Holden Lane Public Hearing Date July 13, 2015 Heard by Prepared by Reviewed by Planning and Zoning Commission David Abo, AICP, Subdivision Review Analyst Cody Riddle, Current Planning Manager Table of Contents Page 1. Project Data and Facts 2 2. Land Use 2 3. Development Code 3 4. Comprehensive Plan 3 5. Infrastructure 3 6. Agency Comments 4 7. Analysis/Findings 4 8. Conclusion and Recommendation 5 Exhibits Applicant s Letter 6 ROS Action Letter 7 Maps Vicinity Map 15 Aerial Photo 16 Plat of Greenwood Acres 17

3 SOS / Waiver of Subdivision Standards Boise City Planning and Zoning Commission / July 13, 2015 B 1. Project Data and Facts Project Data Applicant/Status Location of Property Size of Property Zoning Comprehensive Plan Designation Planning Area Neighborhood Assoc./Contact Procedure Current Land Use Description of Applicant s Request John Cashin / Owner 1118 East Boise Avenue and 2811 S. Holden Lane.497 acres R-1C Suburban Southeast Southeast / Brian McDevitt Planning and Zoning Commission is the decision making body. Single-family residential The applicant is requesting a waiver from the requirement to install sidewalks if sidewalks exist on adjoining property as a requirement of a Property Line Adjustment. 2. Land Use Description and Character of Surrounding Area The surrounding area is comprised of predominantly of single-family residential homes. Adjacent Land Uses and Zoning North: Single-Family Residential / R-1C South: East Boise Avenue then Single Family Residential / R-1C East: South Holden Lane then Single-Family Residential / R-1C West: Single-Family Residential / R-1C

4 SOS / Waiver of Subdivision Standards Boise City Planning and Zoning Commission / July 13, 2015 B Site History On June 7, 1948, the plat of the Greenwood Acres Subdivision was recorded. In 1955, the current residence was constructed on Lots 11 and 12 of the Greenwood Acres Subdivision. On April 14, 2015, the applicant submitted an application for a Record of Survey for a Property Line Adjustment (ROS ) to create two parcels with the property line running in an east to west direction whereas the common lot line between Lots 11 and 12 ran in a north to south direction. Lots 11 and 12 front on East Boise Avenue however Lot 12 is a corner lot with frontage on East Boise Avenue and South Holden Lane. East Boise Avenue is constructed with full street improvements including curb, gutter and sidewalk. In 2005, the Ada County Highway District (ACHD) did not require dedication of additional right-of-way or street improvements for South Holden Lane north of the applicant s property for the Holden Subdivision. In 2006, ACHD held a hearing on the Las Ramblas Condominiums which are located on the east side of South Holden Lane across from the applicant s property. At this hearing, the ACHD Commission stated a desire to preserve the current nature of Holden Lane (i.e. large, old growth trees and a narrow driving surface). The Commission determined that South Holden Lane could remain in its current configuration due to the low volume of traffic on South Holden Lane abutting the site and the applicant would not be required to widen the pavement on South Holden Lane or install curb and gutter abutting the site. However the applicant was required to install a 5-foot detached sidewalk. The presence of the mature trees would prevent the installation of sidewalk so the applicant is requesting a waiver to not construct sidewalk for a Property Line Adjustment. 3. Development Code Section Description Specific Procedures for Record of Survey Records of Survey Modifications and Waivers 4. Comprehensive Plan CHAPTER Chapter 2 Predictable Development Plan PRINCIPLES, GOALS, & POLICIES Goal PDP1 A waiver request must be in conformance with the principles, goals and policies of the Boise City Comprehensive Plan. The waiver if granted would allow affordable infill development in a developed neighborhood and maintain the character of the existing neighborhood. 5. Infrastructure The development will be served by existing public water, municipal sewer and public streets.

5 SOS / Waiver of Subdivision Standards Boise City Planning and Zoning Commission / July 13, 2015 B 6. Agency Comments No comments have been received from any agency. 7. Analysis/Findings The Record of Survey (ROS ) was submitted on April 14, The application was reviewed and approved subject to conditions of approval on May 5, 2015 (see attached). Condition of approval 1.A. requires the extension of the existing sidewalk on East Boise Avenue along the east side of South Holden Lane. The waiver provides relief to the strict application of the Ordinance requirements. The Boise City Development Code provides for a Waiver of the Record of Survey requirements when it can be determined that strict application of the Development Code would result in substantial hardship or inequity. The waiver request would not change any of the conditions relating to the site or the approved lot or street layout. BOISE CITY DEVELOPMENT CODE RECORDS OF SURVEY 1. STANDARDS The following divisions of land and/or change of parcel boundaries will require the review and approval of a Record of Survey prepared in accord with Idaho Code, 55-19, to establish that resulting parcels are conforming, buildable parcels. *** B. Property Line Adjustment: A property line adjustment that establishes buildable parcels with boundaries that differ from existing buildable parcel and/or lot boundaries. *** (f) If the street(s) adjacent to the parcel(s) have not been improved with sidewalk, the applicant shall landscape the right-of-way area between the edge of the street pavement and the property line with lawn or other vegetative ground cover that will prevent the area from being used as an off street parking area. Depending on the paved street width, the Ada County Highway District may require some separation between the landscaping and the edge of the street pavement. If the parcel is not alley loaded and has driveways off of the street, the area between the edge of the street pavement and the property line shall be paved to align with the driveway. The applicant shall obtain a license agreement from the Ada

6 SOS / Waiver of Subdivision Standards Boise City Planning and Zoning Commission / July 13, 2015 B County Highway District prior to landscaping and/or paving in the rightof-way. Sidewalks shall be installed if sidewalk exists on adjoining property(s). Section MODIFICATIONS AND WAIVERS 1. Whenever a tract to be subdivided is of such unusual size or shape or is surrounded by such developments or has unusual conditions that the strict application of these regulations would result in substantial hardship or inequity, the Council may waive or modify such requirements so the applicant may develop the property in a reasonable manner, provided the Council finds that the quality of the development is not diminished and the public welfare and the interests of the City are protected, the general intent and spirit of these regulations are preserved and conformity to the Comprehensive Plan is assured. *** D. In the case of a record of survey, the Commission may issue the waiver or modification. 8. Conclusions and Recommendation Conclusions: 1. No sidewalk was required on South Holden Lane when the Greenwood Acres Subdivision was recorded in The applicant can develop the property in a reasonable manner and the quality of the development will not be diminished. 3. The public welfare and interests of the City of Boise are protected and the general intent and spirit of the Boise City Development Code are preserved. 4. Conformity to the Boise City Comprehensive Plan is assured by promoting compact development. Recommendation: The Planning Team recommends approval of the waiver request.

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8 May 5, 2015 Dean Briggs Briggs Engineering 1800 W. Overland Road Boise, Idaho (sent to: RE: ROS / Property Line Adjustment / 1118 E. Boise Avenue Dear Mr. Briggs: The City Boise Development Services Department has reviewed your application for a lot line adjustment at 1118 E. Boise Avenue within Greenwood Acres Subdivision. This request has been reviewed under Boise City Code (B.C.C.) B. The Planning Team has found that the subject property has met the dimensional requirements for a Property Line Adjustment. Based on the information provided on the application and Record of Survey you are hereby granted approval of the Property Line Adjustment subject to the following Conditions of Approval. CONDITIONS OF APPROVAL 1. Prior to approval of Boise City Planning Director: A. The existing sidewalk on E. Boise Avenue shall be extended along the east side of S. Holden Lane to the northern edge of Parcel. B. Complete corrections from Staff Comments (see attached letters).

9 ROS E. Boise Avenue Boise City Council Notification Issued May 5, 2015 Page 2 of 2 B 2. Prior to issuance of a building permit: A. The Record of Survey must be signed by the Boise City Planning Director and recorded. B. The Notice of Buildable Parcels must signed by the Boise City Planning Director and recorded. C. The Parcels must be recorded by deeds as separate parcels. D. The Parcels must have new tax parcel numbers assigned by the Ada County Assessor. May we also take this opportunity to advise you that this approval will not take effect until after the ten (10) day appeal period has lapsed without an appeal being filed. The decision or any of the conditions attached may be appealed to the Boise City Planning and Zoning Commission within ten (10) days from the date of issuance of this decision. All appeals of this permit must be filed by 5:00 P.M., on May 18, The appeal must be written, accompanied by the appropriate fee, and submitted to the Boise City Planning and Development Services Department prior to the deadline set forth above. Appeal application forms are available at the Boise City Planning and Development Services Department, 2 nd Floor, Boise City Hall, 150 North Capitol Boulevard or online at If you have any questions regarding this approval or any of the Conditions of Approval, please contact me at (208) Sincerely, Ted Vanegas Associate Planner

10 April 14, 2015 PDS Plan Review: ROS This record of survey ROS has been review and PDS Plan Review has no comment at this time. Perry Perry E. Paine Plans Examiner ll #90358 Planning & Development Services 208/ / / Fax

11 ADDRESS NUMBER AUTHORIZATION Address Change/Addition Requested For E Boise Ave New Numbers Assigned 2811 S Holden Ln Requested by City of Boise Date- April 14, 2015 Township 3N, Range 2E, Section 24 Zip code Subdivision - GREENWOOD ACRES Other Designation Current Parcel Number R Reason for Change Address added in preparation for lot split New Address Becomes Official April 14, 2015 All appropriate Federal, County, City agencies, and utilities will be notified of your new address. Issued By: Emily D Dixon Date: April 14, 2015 Boise City Public Works Department Addressing PO Box 500, Boise, Idaho Phone: * If address change is approved by Public Works Addressing department, it does not constitute zoning or building permit approvals. I:\PWA\Subjects\Addressing\Addressing 2015\Addressing Authorization Forms 2015\1118 E Boise Ave.Docx

12 April 7, 2015 Sabrina Durtschi Planning Project Manager 1800 W. Overland Road Boise, ID RE: Available Sanitary Sewer Service (Will Serve) 1118 East Boise Avenue Near E. Boise Ave. and S. Holden Ave. Dear Ms. Durtschi: Please be advised that the above mentioned project is within the City of Boise Sewer Service Area. There is an existing 27-inch public sanitary sewer main located in the public R/W of East Boise Avenue, and an existing 8-inch line in the public R/W of South Holden Avenue. The existing sewer mains are operated and maintained by the City of Boise. The City of Boise will serve this property/project provided it complies with the Boise Municipal Code, Sewer Ordinance. Thank you for your inquiry. If you have any questions, please give me a call at (208) Sincerely, Kyle Rosenmeyer, EIT Associate Civil Engineer c: SF - Sewer Misc & General 2.6

13 April 14, 2015 PW Addressing Plan Review: ROS Parcel A: 1118 E Boise Ave Parcel B: 2811 S Holden Ln Emily Dixon GIS Analyst Public Work Department I:\PWA\Subjects\Addressing\Temp 2015\PWARC ROS Docx

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