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Record CVA22-00031:

Variance

Record Status: Approved

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Project Location

140 N MILWAUKEE ST
Boise ID

Record Details

Applicant:

Todd M Smith
13502 Hamburger Lane
Baldwin Park, CA, 91706

Main Phone:

626-813-5399

Mobile Phone:

626-260-3016

tsmith@innout.com

Project Description:

In n Out Burger
The proposed In n Out site plan places head in parking along the northern property line that follows along Ring Road. The alignment of the parking stalls is less than 5 feet from the north property line. City of Boise Zoning Code Section 11-04-05.3 requires the parking stalls to meet a 5 feet minimum property line setback. As proposed this standard is not being met. Therefore, a variance request as depicted under City of Boise Code Section 11-03.14, is proposed to provide relief from the encroachment of the parking within the required setback as proposed. City of Boise Code Section 11-03.14 asserts three criteria to support a variance request so that it demonstrates there is not grant of special privilege. They are: 1) there is undue hardship due to the characteristics of the site; 2) there are unique circumstances of the intended use and 3) the grant of variance will not conflict with public interest. These three findings are supported in the following ways. The characteristics of the site present a design challenge. The proposed In n Out restaurant is an infill development assuming the existing conditions of on overall larger existing site development, the Boise Town Square Mall. Therefore it must tie into the existing design features of the mall. In the instance of the parking alignment, the proposed parking is situated within a larger existing parking lot that sets the parking alignment. Were the proposed parking stalls to comply with setback requirements, the propose parking and drive aisle would not align with the abutting existing parking and drive aisle thereby creating a use conflict and design incompatibility that would not only look out of place, would cause circulation and safety issues as cars transition from the subject site to the abutting parking they would have to zig zag sharply with the disconnected parking and drive aisle. The result is poor design that creates a hazard. Therefore the variance allows proper alignment due to the existing site characteristics. Second, the unique circumstances of the intended use is that it is an infill project that must connect to the surrounding cohesive development. The existing Pier 1 Imports development maintains the same parking alignment and encroachment. Thus the proposed site development continues this existing alignment to continue cohesive existing functionality. In addition, the parking stalls are behind a 10-foot landscape strip that separates the parking form RIng Road which provides adequate setback and buffer form the street by design. It just so happens that the creation of this lot provided a lot line that jogs down a step form the abutting parcel to the west and the property line does not follow Ring Road or the site lines. Lastly, the grant of the variance does not conflict with the public interest. The proposed design continues what was originally design and built and maintains cohesive safe and proper alignment and connectivity to surrounding complementary uses, especially the shared parking of the mall overall that functions as mesh of uses into one shared complimentary use for public enjoyment and benefit.

More Details

Application Information

Requirements

I have read and understand the information above:

Yes

Dates

Received Date:

08/11/2022

Accepted Date:

08/24/2022

Issued Date:

09/12/2022

Expiration Date:

09/11/2024

Appeal Period End Date:

09/22/2022

GIS

Neighborhood Association:

West Boise

Comprehensive Planning Area:

West Bench

Land Use:

Mixed Use

Local Landmark:

N/A

National Landmark:

N/A

Historic District:

N/A

Property Information

Zoning District:

C-2D

Property in Historic District:

Property In Design Review Zone:

Yes

Property In Hillside:

Property In Floodplain:

Flood Zone:

N/A

Property In Wildland Urban Interface (WUI):

WUI Name:

undefined

Airport Influence:

Not in Airport Influence Area

Size of Property:

0.86

General

Plans submitted as:

Electronic

Type of Application:

Variance

Are you applying for an Administrative Variance:

Have you notified adjacent Property Owners and Occupants:

Yes

Review Authority:

Administrative

Variance Type

Setback Encroachments:

Yes

Setback Encroachment Description:

Parking stalls along the north property line along Ring Road encroach within the 5-foot required property setback.

Application Information Table

Parcel Information

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Fees

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Inspections

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Inspection Update

Starting Wednesday, February 2, 2022 Contractors, subcontractors, and their teams can now schedule inspections without being listed as contacts on the record.

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Record CVA22-00031:

Variance

Record Status: Approved

Project Location

Record Details

Applicant:

Project Description:

More Details

Application Information

Application Information Table

Parcel Information

Parcel Number:

Legal Description:

Fees

Inspections

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