BONNER COUNTY PLANNING DEPARTMENT 1500 HIGHWAY 2, SUITE 208, SANDPOINT, ID 83864 (208) 265-1458 (208) 265-1463 {FAX)

planning@;a. banner. id. us (e-mail) http://www. co. banner. id.us/ pl a n,rinq!index.ht ml (web page)

VARIANCE APPLICATION

FOR OFFICE USE ONLY:

FILE# RECEIVED: C ..

PROJECT DESCRIPTION:

j The applicant is requesting a variance from a :

I D Front yard setback I D Rear yard setback I D Side yard setback j X Water front_s_e-tb_a_c_k _________ _

j X Other (Please sp_e_c-ify- ) :- B- u- lk- (r-o-of_h_e_i_g_h-t)-. ---

--------------------The applicant is proposing to reconstruct a ca. 1952 house presently located about 19.9 feet from the summer pool elevation of Priest Lake. The "grandfathered" house is about 15 feet high. The proposed residence will be positioned about 24.9 feet from the summer pool elevation where 40 feet is required. The proposed house will be about 20 feet high.

The reconstruction of the nonconforming house is authorized pursuant to BCRC, Section 12-344(b). Even though the setback nonconformity is being decreased consistent with BCRC, Section 12-344(a), because the structure is being "moved for any reason for any distance whatever," variance approval is necessary as stipulated by BCRC, Section 12-344(c). Lastly, because the roof height is being increased within the 40 foot lake setback to better accommodate snow shed, "bulk" variance approval is also necessary pursuant to BCRC, Section 12-344(d).

BCRC, Section 12-344: NONCONFORMING STRUCTURES: Where a lawful structure exists at the effective date of adoption or amendment of this title that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

A. No such nonconforming structure may be enlarged or altered in any way which increases its nonconformity. Any structure or portion thereof may be altered to decrease its nonconformity.

B. A nonconforming structure or nonconforming portion of a structure destroyed by any means may be reconstructed so long as the reconstruction does not increase its nonconformity and reconstruction occurs within two (2) years of its destruction.

C. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district or zone in which it is located after it is moved.

D. No nonconforming portion of a structure may be enlarged or altered in any way which increases its bulk (such as lot area, open space, yards, lot coverage, height, impervious surface ratios and floor area ratios).

Ewert Setback and Bulk Variances 9/24/18 Page 1 of 5

..-AP_ P_L_I_C_AN_ T_ I_NF_ O_ RMA __ T_I_O_N_: _______________ ~,t.1'.....-,....•_. ... _n_-,_4_0 ___________ _

j Landowner's name: Timothy B. & Valerie A. Ewert ·'

j Mailing address: 38018 N Hussle Ln r · 1- • 1 ,

I City: Deer Park [stdtb:· ·1wA:·;~c.- -· s ' -- -,-·:,-c( ~ip code: 99006 -I T- e-1-ep_h_o_n_e_: ----(5_0_9_) _9_7-9-- 1-5_3_1 _____ 1 Fax: N / A

I E-mail: tbewert@gmail.com

REPRESENTATIVE'S INFORMATION: - --Re_presentative's Nam~: _

Company Name: I _Mailing Ad dress:

Martin E. Taylor, AICP, Project Planner

James A. Sewell & Associates, LLC

1319 N. Division Ave.

II Cit;:

Telephon~ E-mail:

Sandpoint II Stat e: ID - Zip Coc:!~_§386_4_ --

208-=._263A 160 f Fax: ~ 08-2344670 -===---===;.....=;_--==----:I

mtaylor@jasewell .com

PARCEL INFORMATION:

I Section # : 16 i Township: 61N I Range: 4W I Parcel acreage: 0.241 (assessed)

J Parcel# (s): RP004460000030A

Legal description: Lot 3, STEVEN'S GRANITE CREEK SUBDIVISION, according to the plat thereof, recorded in Book 1 of Plats, page 169, records of Bonner County, Idaho.

J Current landowner's name: Timothy B. & Valerie A. Ewert

! Current zoning: Recreation ! Current use: Single family residential

! What zoning districts border the project site? , -----··-··--------------- -- --- --------- -

1 North: Recreation I East: Priest Lake

! South: Recreation I West: Recrea tion

I Comprehensive plan designation: Resort Community

J Uses of the surrounding land ( describe lot sizes, structures, uses) :

J North: Single family cabins.

I South: Single family cabins.

f East: Priest Lake.

I West: Single family cabins .

J Nearest city: Priest River I Distance to the nearest city: ±36 miles

Detailed directions to site: From Sandpoint, proceed west on US Highway 2 to Priest River. Turn north on State Highway 57 to Reeder Bay Road. Head east to Jim Low Road. Take Jim Low Road to S. Granite Bay Road. The lot is located at 193 S. Granite Bay Road.

NARRATIVE STATEMENT:

Explain the effects of elements such as noise, light glare, odor, fumes and vibrations on adjoining property: The structure has been in place since the 1950s. Consequently, the requested variances will have no effect on adjoining properties.

Explain how the proposed use is compatible with adjoining land uses: Adjoining properties are similarly developed with single family residences. Accordingly, the continued residential use remains compatible with neighboring properties.

Explain why it is not possible to comply with the ordinance standards: The ordinance allows nonconforming structures destroyed by any means to be reconstructed. Further, the ordinance

Ewert Setback and Bulk Varia nces 9/24/18 Pa ge 2 of 5

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encourages nonconformities to be reduced. In this case, about 194 square feet of home within the 40 foot setback is being removed with about 34 square feet of home being added, resulting in a net reduction of about 160 square feet of setback encroachment. Increasing the roof pitch is necessary to better provide for snow shed.

Describe what conditions apply to the property that do not apply generally to other properties in the same zone or vicinity, which conditions are a result of lot size, shape, topography, or other circumstances over which the applicant has no control (BCRC 12-234(a)). Variances can be considered based on the "height of buildings" or the "placement of a structure upon a lot" (BCRC, Section 12-232). The original location and height of the home are conditions over which the applicant has no control.

Explain whether special conditions and circumstances result from the actions of the applicant (BCRC 12-234(b)). The property was platted ca 1944. The home was built ca. 1952. Both actions preceded the 1980 effective date of Bonner County Ordinance 140 establishing waterfront setbacks and the 2008 effective date of Bonner County Ordinance 501 regulating nonconforming "bulk." Neither action resulted from the actions of the applicant.

Explain how the granting of the variance is not in conflict with the public interest in that it will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity of the subject parcel or lot (BCRC 12-234(c)). Granting the setback variance will actually be in keeping with the public interest in that the waterfront setback encroachment will be reduced. Increasing the roof height has no public effect.

ACCESS INFORMATION: ~ . I"' •

I Please check appropriate boxes: -

D Private Easement D Exis ting D Pro2osed ~;~:~? ·? ~ ; ·/~\ r:<:;

Describe travel surface (e .g., gravel, dirt, paved, etc.), travel way width; road '. gra:de',and easement width. Include recorded instrument number for existiflg.,eas1etnen'ts &'nameT if existing:

-X Public Road D Exis ting D Pro2osed

Describe travel surface (e.g., gravel, dirt, paved, etc.), travel way width, road grade right-of-way width and name, if existing: South Granite Bay Road consists of a gravel surfaced travelway of varying widths developed within a 20 foot wide platted public right of way (Book 1 of Plats, page 169, records of Bonner County, Idaho) .

D Combination of Public RoadLPrivate Easement D Existing D Pro12osed Describe travel surface (e.g., gravel, dirt, paved, etc.), travel way width, road grade and right-

of-way/ easement width and road name, if existing:

SITE INFORMATION:

I Please provide a detailed description of the following land features:

Topography (lay of the land), including estimated maximum slope, rock outcroppings, benches, etc.: The subject property is essentially flat, sloping from west to east toward Priest Lake at less than 2 percent.

Water courses (lakes , streams, rivers & other bodies of water): The property includes Priest Lake frontage. I Is site within a floodplain? r"~I Firm Panel#: 0150F I ~ad D designation: AE

A portion of the proposed home site is partially located within the mapped floodplain. Springs & wells: The subject property is served by a domestic well producing 10 gallons per minute

Ewert Setback and Bulk Variances 9/24/18 Page 3 of 5

. I (IDWR Well Log 97-90-N-9) .

I Existing structures (size & use): The lot is developed with assorted outbuildings and the home to be r emoved .

I Land cover (timber, pastures, etc.): The property is vegetated with mixed evergreens, ornamental shrubbery and lawn.

I A tl d t ·t ? D y X N I Source of information: USFWS NWI and site re we an s presen on s1 e. es o . ·t VlSl .

I Other pertinent information (attach additional pages if needed) :

SERVICES:

I Sewage disposal will be provided by:

f Existing Community System - List name of sewer district or provider and type of svstem: The lot is served by the Granite Reeder Sewer District. I° Proposed Commu nity System - Lis t type & proposed ownership:

l°I In dividu al sys tems - List type: Individual septic tanks and leach fields.

Explain the type of sewage system, capacity, maintenance plan, location of facilities , if applicable and other details: The system collects and treats solids and effluent for lagoon storage and ultimate land application disposal.

[ Water will be supplied by:

lo! Existing public or commu n ity system - List name of provider: I I

p ·. 0 8 F Proposed Community System - List type & proposed ownership:

-- - --8 C N-il-i ~:_.C C Ubl.T.~Y~---F I Individual well ------------ PLANl~II\JG DEF';\RTfvlE J\IT

Please explain the water source, capacity, system maintenance plan, storage and delivery system and other details: The subject property is served by a domestic well producing 10 gallons per minute (IDWR Well Log 97-90-N-9).

I Distance (in miles) to the nearest:

Public/Community Sewer System: The project is located within the Granite Solid Waste Collection Facility: ±7 (Hanna Flats)

I Reeder Water and Sewer District. __ Public/Community Water System: The I[ - - ~----project is located within the Granite Fire Station: ±9 (Kalispell Bay) Reeder Water and Sewer District. 1 f Elementary School: ±13 (Priest Lake ;;a..[-s--d==S= h= l= · =+=

3=6=(-;P . t R-=. ==H=.=h= S~ h - I)

1

Elementary) econ ary c oo s. - nes 1ver 1g c oo

11 ;:,::.ty Road: The l: t;Tro~ a cou~ I[ c : n~ ; oad Name: S. Granite Bay Road. --~i

Which fire district will serve the project site? West Priest Lake. [ Which power ~~y will serve the - roject site? A~ista ~========----------=---"'c;.._..::'--==--___;I

Ewert Setback and Bulk Variances 9/24/18 Pa ge 4 of 5

How is the use/plan in accordance with the general and specific objectives of the Comprehensive Plan? (Copy of goals and objectives attached) Property Rights: The proposed setback variance has been designed to benefit the public's interest by reducing a waterfront setback encroachment. The "bulk" variance increasing the roof height has no effect on the public.

I Population: The requested variances have no effect on population.

I School facilities & Transportation: The requested variances have no effect on schools or bussing.

I Economic Development: Continued use of the subject property for authorized residential purposes should add to the assessed tax base.

I Land Use: The property is zoned for residential uses consistent with land use objectives.

I Natural Resources: The site does not contain any mapped wetlands.

Hazardous Areas: The site does contain some floodplain. Any development will occur consistent with Bonner County's flood damage prevention ordinance standards.

I Public Services: All services are in place {power, phone) .

J Transportation: No change in access is proposed nor required associated with home reconstruction.

J Recreation: The property has been developed for recreational purposes since the 1950s.

[ Special Areas or Sites: The area was platted and developed in the 1940s.

I Housing: The variances will provide for a replacement residence.

Community Design: The project by reducing a setback nonconformity serves to protect community design. Roof pitch has no bearing on community design.

J Implementation: (Not required to complete this element)

We hereby certify that all the information, statements, attachments and exhibits submitted herewith are true to the best of our knowledge. We further grant permission to Bonner County employees and representatives, elected or appointed officials to enter upon the subject land to make examinations, post the property or review the premises relative to the processing of this application.

Landowner's signature: ___ ---=-...:......:"-"'-"-=:c=--------=---'--------'--'"-""=4--".,__,'---------- Date: - ~---=+-,Jt!ff___,_I_& __ _ Timothy B & alerie A Ewert by

Ewert Setback and Bulk Variances 9/24/18 Page 5 of 5

Martin E. Tay or, AICP, Project Representative

('ii'\ 1 ) ''J 0 , .... , 1• I I •._ it • ... ,._. . -

BON~,!EI~ COUNTY PLANNING DEPARTMENT