Variance · Planning application
County denies variance for garage apartment that encroaches on setback
The Ada County Board of County Commissioners denied a request to let a covered patio and roofline on a secondary dwelling extend into the required 5-foot side setback on a 0.83-acre lot. A neighboring wildlife reserve had opposed the request, saying part of the structure reached onto its land.
From the filing
The application's description as it appears in Ada County's record. See the official record
The owners of 6439 E. Warm Springs Avenue in Boise's county area ask the Ada County Commissioners for a variance so a secondary dwelling can sit at the west property line instead of the required five-foot setback. The patio and roofline were accidentally poured about five inches over the line because of a measurement error, and the property is a 0.83-acre lot. Staff recommends denial, saying the error is not a hardship caused by the site and that the requested setback would give a special privilege other secondary dwellings do not get.
Variance to allow a secondary dwelling to encroach into the required side setback. The property is located at 6439 E Warm Springs Ave and contains 0.83 acres in the Rural Preservation (RP) District; Section 28, T.3N, R.3E.
Timeline
May 7, 2025
Ada County staff recommended denial
May 7, 2025
Denied
Ada County Board of County Commissioners: Denied.
May 7, 2025
Public hearing: Ada County Board of County Commissioners
May 2, 2025
Document added: Memo (Board of County Commissioners, May 7, 2025)
April 30, 2025
Document added: Findings (Board of County Commissioners, May 7, 2025)
April 28, 2025
Document added: Staff report (Board of County Commissioners, May 7, 2025)
April 1, 2025
Application filed
Documents
Staff reports
- Download Idaho Foundation for Parks and Lands opposition letter
Letter from a land trust opposing a variance to eliminate a five-foot setback, citing an alleged deliberate encroachment onto its reserve property and other grounds.
May 2, 2025 · 91 pages · 11.2 MB · Staff Memo
- Download Staff report for the May 7 Board of County Commissioners hearing
Staff analysis of a variance to let a secondary dwelling encroach into the required side setback, covering prior variances and septic constraints on the 0.83-acre rural property.
April 28, 2025 · 47 pages · 11.5 MB · Staff Report
Decisions
- Download Board of County Commissioners findings of fact, conclusions of law and order
The Board's written findings on the variance application, covering the record, procedural history, and project description ahead of its conclusions and order.
April 30, 2025 · 6 pages · 277 KB · Findings