September 15, 2009 Curtis Stigers & Amy O Brien Boise, ID 83702 Re: CVA09-00029 / Dear Mr. Stigers & Ms. O Brien: This letter is to inform you of the action taken by the Boise City Planning and Zoning Commission on your request for a variance from the street-side setback requirement for the construction of a garage and accessory dwelling unit located at in an R-1C (Single Family Residential) zone. The Boise City Planning and Zoning Commission, at their hearing of September 14, 2009, approved your request, based on compliance with the attached Reasons for the Decision and Conditions of Approval. Findings may be reviewed at the PDS department. A regulatory takings analysis may be requested by the landowner. May we also take this opportunity to inform you of the following: 1. This approval will not take effect until after the appeal period has lapsed. 2. The decision of the Boise City Planning and Zoning Commission may be appealed to the Boise City Council within ten (10) calendar days from the issuance of this decision. 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 herein. Appeal application forms are available in the Planning Department or online under Applications at: www.cityofboise.org/pds/ or http://www.cityofboise.org/pds/index.aspx?id=apps 3. All appeals of this permit must be filed by 5:00 P.M., on September 24, 2009. 4. If this variance is not acted upon within eighteen (18) months, it will become null and void without further notification from this Department.
Page 2 of 5 This letter constitutes your Variance Permit. If you have any questions, please contact this department at 384-3830. Sincerely, David Moser Planning Analyst Boise City Planning and Development Services Department DM/bjc Attachment cc: Gary Gettman / 807 N. 17 th Street / Boise, ID 83702 NENA / Don Plum / P.O. Box 1235 / Boise, ID 83701
Page 3 of 5 Reasons for the Decision The granting of the variance to reduce the street side setback for the detached garage will not be in conflict with the spirit and intent of the Comprehensive Plan for the City. The variance would promote and establish a physical framework of development, which is in keeping with the historic character of this North End Neighborhood. The property is directly adjacent to the established historic neighborhood and is significantly influenced by building placement and design typically found within these recognized historic districts. (Policy 7.2.1.10) There is an exceptional circumstance in that the right-of-way for Grace Street is 60 feet wide, which is large for a local residential street section. In addition, Grace Street only extends for four blocks between 20 th and 24 th Street within this area and due to the poor street connectivity the Ada County Highway District (ACHD) will not widened or significantly improve this street in the foreseeable future. The variance will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements. There should not be any adverse impacts on surrounding properties. The two story detached garage will match the existing architecture of the single family house and protect the privacy of the neighbors. In addition, the proposed garage will maintain the appearance of being setback 22 feet from the edge of Grace Street. Conditions of Approval Site Specific 1. Compliance with plans and specifications submitted to and on file in the Planning and Development Services Department dated received July 27, 2009 except as expressly modified by the following conditions: 2. The proposed detached structure will be setback a minimum of 8 feet from the street side property line. 3. The applicant shall obtain an Accessory Dwelling Unit (ADU) approval if the second floor studio contains a kitchen or full bathroom. Standard Conditions of Approval 4. Building Permit approval is contingent upon the determination that the site is in conformance with the Boise City Subdivision Ordinance. Contact the Planning and Development Services Subdivision Section at 384-3998 regarding questions pertaining to this condition. 5. The applicant shall comply with the Boise City Fire Department comments dated August 4, 2009. Contact Mark Senteno at (208) 384-3950 with any questions regarding fire requirements.
Page 4 of 5 6. The applicant shall comply with the requirements of the Boise City Public Works Department (BCPW) for drainage, sewers, Solid Waste/Ground Water Manager, and street lights per the memo dated August 19, 2009. Please contact BCPW at 384-3900. All items required by BCPW shall be included on the plans/specifications that are submitted for a Building Permit. Please note that any changes or modifications by the owner to the approved Storm Water Plan must be resubmitted to BCPW for approval. 7. In compliance with Title 9, Chapter 16, Boise City Code, anyone planting, pruning, removing or trenching/excavating near any tree(s) on ACHD or State right-of-ways must obtain a permit from Boise City Community Forestry at least one (1) week in advance of such work by calling 384-4083. Species shall be selected from the Boise City Tree Selection Guide. 8. Any outside lighting shall be reflected away from adjacent property and streets. The illumination level of all light fixtures shall not exceed two (2) footcandles as measured one (1) foot above the ground at property lines shared with residentially zoned or used parcels. 9. All signs will require approval from the Planning and Development Services Department prior to installation. 10. No change in the terms and conditions of this approval shall be valid unless in writing and signed by the applicant or his authorized representative, and an authorized representative of the City of Boise. The burden shall be upon the applicant to obtain the written confirmation of any change and not upon the City of Boise. 11. This variance shall lapse in eighteen (18) months if not acted upon by the applicant or extended by the Planning and Zoning Commission. 12. Upon written request by the holder, prior to expiration of this Variance, the Commission may grant a one-year time extension. A maximum of three (3) oneyear time extensions may be granted to an unexpired permit. The Commission reserves the right to require additional conditions or modifications to the revised plans. 13. The applicant shall obtain Building Permits prior to any work commencing on the property. 14. Failure to abide by any condition of this approval may be grounds for revocation by the Boise City. 15. No change in the terms and conditions of this approval shall be valid unless in writing and signed by the applicant or his authorized representative, and an
Page 5 of 5 authorized representative of the City of Boise. The burden shall be upon the applicant to obtain the written confirmation of any change and not upon the City of Boise