Hearing Examiner

PLANNING SERVICES NEIGHBORHOOD & COMMUNITY SERVICES TH 911 NORTH 7 AVENUE I P.O Box 4169 POCATELLO, IDAH0 83205-4169 208.234.6184 WEB https://www.pocatello.us HEARING EXAMINER AGENDA Thursday, December 9, 2021 5:30 p.m. 911 N. Seventh Avenue, City Council Chambers In-person attendance remains limited. Due to COVID-19 guidelines, social distancing measures are still in place. MASKS/FACE COVERINGS ARE REQUIRED. City Hall is accessible to persons with disabilities. Program access accommodations may be provided with three (3) days’ advance notice by contacting Skyler Beebe at sbeebe@pocatello.us; 208.234.6248 or 5815 South 5th Avenue, Pocatello, ID. The Hearing Examiner provides professional review and makes decisions on matters involving variances, conditional use permits involving 1.5 acres or less and sign exceptions. The following is the official agenda of the Hearing Examiner. Discussion and action will be limited to those items on the agenda. Any citizen who wishes to address the Hearing Examiner shall first be recognized by the Hearing Examiner, and shall give his/her name and address for the record. If a citizen wishes to read documentation of any sort to the Hearing Examiner, he/she shall first seek permission from the Hearing Examiner. Oral testimony may be restricted to no more than 3 minutes per person. AGENDA ITEM 1: DISCLOSURE OF CONFLICT OF INTEREST, EX-PARTE CONTACT AND SITE VISIT. Disclose who was talked to, the basic substance of the conversation, and whether the conversation had any influence. Disclose if there is anything personally or professionally that would not allow an impartial or unbiased decision. Disclose if a site visit was done, location(s) of the visit, and what was seen. AGENDA ITEM 2: PUBLIC HEARING – VARIANCE Eugene Bartu requests a variance from the requirement of a twenty-five (25’) foot garage setback in efforts to construct/expand an attached garage. The subject property is located at 1161 East Elm Street. (ACTION ITEM) AN EQUAL OPPORTUNITY EMPLOYER I VETERAN'S PREFERENCE  & 2 AGENDA ITEM NO. ______ POCATELLO HEARING EXAMINER STAFF REPORT VARIANCE APPLICANT/REPRESENTATIVE: Eugene Bartu LOCATION: 1161 East Elm LEGAL DESCRIPTION: LOT 1 BLOCK 7 GREENACRES ADDN CITY STAFF ASSIGNED: Greg Cleary, Assistant Planner HEARING DATE: December 9, 2021 REQUEST: Eugene Bartu requests a variance from Pocatello Municipal Code section 17.03.600 which requires a twenty- five (25’) foot garage setback (facing any street) and a twenty (20’) foot rear yard setback. The applicant seeks to construct/expand an attached garage with a five (5’) foot rear setback rather than twenty (20’) feet and a front garage setback of nineteen (19) feet rather than twenty-five feet (25’). PHYSICAL CHARACTERISTICS OF THE SITE: The subject property is zoned Residential Medium Density Single-Family (RMS) and is approximately 7,840 square feet in size. The subject property is currently developed with a single-family dwelling. The property is located as part of The Greenacres Addition Subdivision, which was recorded in 1953. A concern staff would like to highlight is the fact that the true property line is unknown and has changed over the years based on various imagery and available software platforms. NOTIFICATION: The application is scheduled to be heard before a Hearing Examiner on December 9, 2021 at a public hearing in accordance with Municipal Code §17.02.300 and Idaho Code §67-6512. Notice of public hearing was mailed to all adjacent property owners of the subject property on November 19, 2021, in order that they may provide comment on the proposed application. A sign was posted on the subject property on November 23, 2021. All notices herein described have been provided at least fifteen (15) days prior to the public hearing or as otherwise required by Idaho State Code. There was no public comment received prior to the completion of this report. HEARING EXAMINER AUTHORITY TO GRANT: The hearing examiner may approve, approve with conditions, or deny an application for a conditional use permit and/or variance. The decision may be appealed by the applicant or other affected persons according to the provisions of Idaho Code Section §67-6521 to the City Council, using the process outlined in Municipal Code Section §17.02.400, Appeals. Applicable regulations include the following: 1. Municipal Code §17.02.160, §17.02.300, §17.01.150, §17.03.600, and §17.04.220 2. 2015 City of Pocatello Comprehensive Plan 3. Idaho Code §67-6512 VARIANCES: 17.02.170: A. A variance is a modification of the bulk and placement requirements of this title as to lot size, lot coverage, lot width, lot depth; front yard, side yard, rear yard setbacks; parking space requirements, height of buildings, or other ordinance provisions adversely affecting the development or use of property. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of the characteristics of the site and that the variance is not in conflict with the public interest. G. 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. H. The burden of proof that the proposed variance complies with all of the variance criteria as described under subsection F of Title 17, Chapter 17.02.170, is the responsibility of the applicant. The applicant must support their case with substantial and competent evidence. 17.02.170.F CRITERIA FOR REVIEW: The hearing examiner shall review the facts and circumstances of each proposal and render a decision based on written findings of fact that address all of the following criteria: 1. The applicant shall have taken all reasonable steps to comply with the strict terms of the ordinance from which he or she requests the variance; Applicant’s Response: “The planning department has given me the setbacks as of todays code. Lot 1 Block 7 of Greenacres addn. has a front setback of 25' and 20' in the rear. In doing the math, that is leaving 24' externally. Minus foundation and garage door it leaves approximately 22.8'. Today’s pickups measure from 19' to 21.8'.” Staff Analysis: The applicant seeks to construct an attached garage which would result in setbacks that do not meet current code. On the rear side of the property, the required setback is 20 feet and as the applicant presents the proposed expansion the setback would be situated at 5 feet. Similar, the required front (garage) setback is 25 feet and as the applicant presents the proposed expansion the setback would be situated at 19 feet. Staff feels the current setbacks allow for the expansion of an attached garage and that, based on the nature of the request, the applicant has not taken all reasonable steps to comply with the strict terms of city code. One recommendation would be to verify the exact location of the property lines that the setbacks are being taken from. 2. The variance sought must be the result of unusual physical characteristics of the site in question; Applicant’s Response: “From the lot lines, the depth of the lot is 69'. Not deep enough for today's setbacks. My ½ ton pickup is 19' and I can barely pass by (2'8").” Staff Analysis: Staff finds there to be no unusual physical characteristics of the site in question. 3. The circumstances surrounding the variance request shall be due to an undue hardship as related to the characteristics of the land, and the applicant shall show that, absent a variance, he/she would be deprived of rights commonly enjoyed by other properties in the identical zoning district under the terms of this title; Applicant’s Response: “Blocks 6, 7 and 8 are 66' wide with 1 car garages, those on the corners have 108.5' to 116' depth and mostly have 2 cars. I have a 1 car garage now and have just 20' to the right side to use with an 8' utility easement next to it. Just not deep enough for anything another car. A 1 car detached garage was suggested. I don't like that look and cost per sq. ft. will be higher, an in total I have just one car more.” Staff Analysis: Staff finds there to be no undue hardship related to the characteristics of the site; and is not deprived of property rights commonly enjoyed by others of the zoning district. Staff believes a desired attached garage can be developed which meets current setback requirements. 4. The undue hardship cited as the basis of a variance request did not result from the actions of the applicant, or the current, or a prior landowner, or any of their agents; Applicant’s Response: “Home was built in 1953, just different codes an households with 1 to two cars. With today's codes I have just a 20' x 23' to work with. Not at all what I intended.” Staff Analysis: Staff finds no undue hardship to the property owner and finds that an attached garage could 1161 East Elm – Variance Page 2 of 3 City of Pocatello Planning & Development Services  meet current setbacks. 5. The applicant shall demonstrate that the proposed variance does not adversely affect adjacent/nearby property; Applicant’s Response: “Exhibit B1 will show neighbors setbacks as they would line up with my home.” Staff Analysis: The applicant does address the fact his expansion as proposed would be relatively consistent with the neighboring setbacks. However, the property to the west is rotated at 90 degrees which would be considered as a corner lot setback which would require a setback of 15 feet. This would be consistent with the proposal, however, the home faces and is addressed on East Elm. 2015 CITY OF POCATELLO COMPREHENSIVE PLAN: Staff finds that the following goals, objectives and policies from the Comprehensive Plan to be applicable to this application: Land Use Goal 3: Develop and implement zoning designations and regulations that promote land uses and developments that complement the surrounding vernacular while utilizing the unique context and opportunities of each designated area. Objective 3.1: Develop zoning districts and regulations that focus on relationships between developments based on form, scale and function. Policy a: Explore all of the various planning options available to provide flexible, diverse and productive development options in their respective and proper locations. Community Design Goal 2: Consider use of various planning tools available that are flexible and predictable which generally improve the overall appearance of Pocatello. Objective 2.2: Encourage development that is attractive and compatible and improves the quality of its surrounding environment, including established neighborhoods. Policy d. Allow flexible setbacks to enable infill and redevelopment to occur. SUMMARY & CONDITIONS: In consideration of the application, staff concludes that the proposed variance is not compliant with Pocatello Municipal Code Section 17.02.170. Should the Hearing Examiner approve and overturn the request, staff recommends the following conditions: • The property owner shall survey the subject property to ensure accurate setbacks and property lines. ATTACHMENTS: A. Application & Supporting Materials B. 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