Variance · Planning application
Nampa approves drainage swale in place of required street berm at AgWest site
The city approved a variance letting AgWest Farm Credit build a drainage swale along its 1.69-acre commercial site's street frontage instead of a continuous landscaped berm, because a recorded stormwater and utility easement conflicts with the berm. The City Council decided the case on Nov. 17.

From the filing
The application's description as it appears in City of Nampa's record. See the official record
AgWest Farm Credit asked the City of Nampa for a variance from the city rule requiring a continuous landscaped berm along the street frontage at 16033 Equine Dr, on a 1.69-acre commercial site. The council approved the variance because a recorded stormwater and utility easement and an existing drainage swale on the site would conflict with the berm.
The subject property at 16033 Equine Dr., Nampa fronts E. Franklin Rd. has a recorded 35’ storm water/utility easement. This easement, recorded before adoption of NCC 10-4-5.B. and 10-4-5.B1, was intended to collect and treat surface water from the site and adjacent parcels to the west into the area drainage system and provide utility access between N Tiegs Way and Equine Dr. This easement was part of the site understanding at purchase. A literal application of the 20’ berm requirement within this 35’ easement would conflict with the easement’s purpose, blocking drainage and eliminating access for current and future utilities. Constructing a berm would obstruct flow and require costly alterations to make the system functional. Moreover, these code requirements directly conflict with the deeded easement. This hardship is not self-created. The easement was a pre-existing, recorded condition at design, and neighboring properties along this segment of E. Franklin Rd. use similar open swales along Franklin to meet storm water conveyance requirements and utility access. The drainage pattern of the shared drive aisle to the west also cannot be reconfigured to accommodate new berm-related flows, as the impact of the berm would be outside of 16033 Equine Drive's property limits. Granting the variance would allow a landscape swale consistent with existing conditions along the street and preserve the drainage and utility easement’s function. Strict enforcement of NCC 10-4-5.B. and 10-4-5.B1 would create unnecessary hardship and practical difficulty for the property owner and neighboring property owners. Granting the variance represents the most reasonable and functional public-interest solution.
Project name on file: AgWest Farm Credit - Nampa
Timeline
Dec. 3, 2025
13 documents added
Nov. 19, 2025
City Council Decision/Action Letter
Nov. 17, 2025
Decision: Approved
Nampa City Council: Approved.
Nov. 17, 2025
Public hearing: Nampa City Council
Nov. 3, 2025
Notice to Area Property Owners
Sept. 26, 2025
Notice to Agencies/Departments
Sept. 25, 2025
Assess Fees (Variance)
Aug. 26, 2025
Plan Intake Passed
Aug. 26, 2025
Accepted for review
Aug. 19, 2025
Application filed
Documents
Site plans
- Download Subdivision plat map with notes and legend
Final plat for Title One Subdivision, a re-subdivision of Lot 6, Block 1, showing easements, lot layout, plat notes, scale and legend.
Aug. 19, 2025 · 3 pages · 2.0 MB · Legal Description - on Plat Map
Project narrative
- Download Variance narrative for berm requirement NCC 10-4-5.B and 10-4-5.B1
Argues that a recorded 35-foot stormwater and utility easement conflicts with the 20-foot berm requirement, and requests a landscape swale instead to preserve drainage and utility function.
Aug. 19, 2025 · 1 page · 13 KB · Narrative
Staff reports
- Download Staff report for landscape berm variance
Staff report to City Council on a variance from the continuous landscaped berm requirement, proposed as a landscape swale to protect a stormwater and utility easement.
Nov. 19, 2025 · 23 pages · 11.5 MB · Available Online
Decisions
- Download Recorded variance permit for landscaped berm requirement
Variance allowing a drainage swale in place of the required landscaped berm along the frontage, filed by AgWest Farm Credit.
Dec. 3, 2025 · 2 pages · 205 KB · Recorded permit #2025-043644
- Download Council decision letter on landscaped berm variance
Letter notifying the applicant that the City Council approved the variance from the continuous landscaped berm requirement, subject to one condition on city standards.
Nov. 19, 2025 · 5 pages · 1.2 MB · Available Online
- Download Reasoned statement approving berm variance
Nampa City Council's findings of fact, conclusions of law and decision approving a variance from the continuous landscaped berm requirement for AgWest Farm Credit's property in a Gateway Business zone.
Nov. 19, 2025 · 4 pages · 849 KB · Available Online
Application
- Download Demolition plan, construction set
Demolition sheet from the construction drawings for a variance application, showing removals, existing utilities, tree protection and asphalt and sidewalk work.
Aug. 19, 2025 · 10 pages · 5.0 MB · Construction Drawings
- Download Pre-application notes for variance request
Planning and Zoning pre-application notes for a commercial variance seeking relief from landscaping and berm standards along arterial streets, with a City Council hearing required.
Aug. 19, 2025 · 1 page · 181 KB · Pre-Application Meeting Notes
Studies and reports
- Download ALTA/NSPS land title survey, Lot 2 Block 1 Title One Subdivision
Signed ALTA/NSPS land title survey of the 1.69-acre parcel showing boundaries, easements, utilities, zoning note and vicinity map, filed with the variance request.
Aug. 19, 2025 · 2 pages · 949 KB · Land Title Survey
Other documents
- Signed and notarized affidavit
A signed and notarized affidavit of legal interest filed with the variance application for city council review.
Aug. 19, 2025 · Affidavit of Legal Interest
- Download Certificate of merger for AgWest Farm Credit, FLCA
Farm Credit Administration certificate confirming the January 1, 2023 merger of Farm Credit West, FLCA into Northwest FCS, FLCA, which took the AgWest Farm Credit name.
Aug. 19, 2025 · 1 page · 558 KB · Proof of Authority - Certificate of Merger
- Legal description
Aug. 19, 2025 · Legal Description - Word
- Grant deed
Aug. 19, 2025 · Grant Deed
