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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.

Denied202500629Filed April 1, 2025Ada County · 6439 E Warm Springs Ave
Pin at the reported location; the shaded outline is the primary parcel (Ada County).

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

  1. May 7, 2025

    Ada County staff recommended denial

  2. May 7, 2025

    Denied

    Ada County Board of County Commissioners: Denied.

  3. May 7, 2025

    Public hearing: Ada County Board of County Commissioners

  4. May 2, 2025

    Document added: Memo (Board of County Commissioners, May 7, 2025)

  5. April 30, 2025

    Document added: Findings (Board of County Commissioners, May 7, 2025)

  6. April 28, 2025

    Document added: Staff report (Board of County Commissioners, May 7, 2025)

  7. April 1, 2025

    Application filed

Documents

Staff reports

  • 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 Idaho Foundation for Parks and Lands opposition letter
  • 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

    Download Staff report for the May 7 Board of County Commissioners hearing

Decisions

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