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Development Services Department ___________________________________________________________________________________________________________________ Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208 387-6100 • FX 345-7650 • www.achdidaho.org John S. Franden, President Mitchell A. Jaurena, Vice President Rebecca W. Arnold, Commissioner Sara M. Baker, Commissioner Jim D. Hansen, Commissioner March 25, 2014 TO: ACHD Commission, Director Wong FROM: Gary Inselman, Development Services Manager SUBJECT: Appeal of Staff Level Decision Denying Driveway Approach Request 1723 W. Beacon Light Road MEETING DATE: April 2, 2014 FINDINGS: 1. Cody and Kathryn Harsch (Applicants) submitted a Driveway Approach Request (Attachment 1) requesting a second driveway on Beacon Light Road for ingress/egress to their parcel. 2. Beacon Light Road is a minor arterial. ACHD Policy Section 7205.4.6 states that direct lot or parcel access to a minor arterial is typically prohibited. Beacon Light Road is the only public street the parcel fronts, therefore an access to the parcel is necessary and currently exists (See Attachments 2 and 3). 3. The reasons stated for the requested second driveway was to relocate an existing access easement that provides access to the parcel south of the Applicants. ACHD Policy and access management goals promote and encourage cross access and shared accesses. The parcel already has an access to Beacon Light Road; therefore, staff denied the request in conformance with ACHD Policy. 4. The Applicants submitted an appeal of the staff level decision (Attachment 4). 5. The Applicant’s parcel is subject to an Easement Dedication recorded May 13, 2008 (Attachment 5). The Easement Dedication grants the parcel owner to the south the right to access their property from Beacon Light Road across the westerly 30 feet of the Applicants parcel. 6. The Applicant wants to relocate the Easement Dedication to the eastern side of the Applicants parcel. The Driveway Approach Request was for the new access to Beacon Light Road that would be necessary to relocate the Easement Dedication to the east (Attachment 6). 7. If the request had been approved, the Applicants proposed to retain the existing driveway for their use. 8. This process began last November with an inquiry from the Applicants regarding relocating an easement. The inquiry did not request a second driveway so the response simply stated ACHD had no jurisdiction over easements between private property owners (Attachment 7).

Development Services Department March 25, 2014 TO: FROM ...€¦ · RECOMMENDATION: 1. Staff recommends the Commission deny the appeal. Attachments: 1. Driveway Approach Request Form

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Page 1: Development Services Department March 25, 2014 TO: FROM ...€¦ · RECOMMENDATION: 1. Staff recommends the Commission deny the appeal. Attachments: 1. Driveway Approach Request Form

Development Services Department

___________________________________________________________________________________________________________________ Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208 387-6100 • FX 345-7650 • www.achdidaho.org

John S. Franden, President Mitchell A. Jaurena, Vice President Rebecca W. Arnold, Commissioner

Sara M. Baker, Commissioner Jim D. Hansen, Commissioner

March 25, 2014 TO: ACHD Commission, Director Wong FROM: Gary Inselman, Development Services Manager SUBJECT: Appeal of Staff Level Decision Denying Driveway Approach Request 1723 W. Beacon Light Road MEETING DATE: April 2, 2014 FINDINGS: 1. Cody and Kathryn Harsch (Applicants) submitted a Driveway Approach Request (Attachment 1)

requesting a second driveway on Beacon Light Road for ingress/egress to their parcel.

2. Beacon Light Road is a minor arterial. ACHD Policy Section 7205.4.6 states that direct lot or parcel access to a minor arterial is typically prohibited. Beacon Light Road is the only public street the parcel fronts, therefore an access to the parcel is necessary and currently exists (See Attachments 2 and 3).

3. The reasons stated for the requested second driveway was to relocate an existing access

easement that provides access to the parcel south of the Applicants. ACHD Policy and access management goals promote and encourage cross access and shared accesses. The parcel already has an access to Beacon Light Road; therefore, staff denied the request in conformance with ACHD Policy.

4. The Applicants submitted an appeal of the staff level decision (Attachment 4).

5. The Applicant’s parcel is subject to an Easement Dedication recorded May 13, 2008 (Attachment 5). The Easement Dedication grants the parcel owner to the south the right to access their property from Beacon Light Road across the westerly 30 feet of the Applicants parcel.

6. The Applicant wants to relocate the Easement Dedication to the eastern side of the Applicants

parcel. The Driveway Approach Request was for the new access to Beacon Light Road that would be necessary to relocate the Easement Dedication to the east (Attachment 6).

7. If the request had been approved, the Applicants proposed to retain the existing driveway for their

use. 8. This process began last November with an inquiry from the Applicants regarding relocating an

easement. The inquiry did not request a second driveway so the response simply stated ACHD had no jurisdiction over easements between private property owners (Attachment 7).

Page 2: Development Services Department March 25, 2014 TO: FROM ...€¦ · RECOMMENDATION: 1. Staff recommends the Commission deny the appeal. Attachments: 1. Driveway Approach Request Form

9. Through our discussions, staff has stated to the Applicants that relocating the driveway to the east side of their parcel and removing the existing driveway could be approved. This would remove the traffic from in front of their home. However the Applicant wants both driveways. As stated above, this contrary to ACHD Policy and access management goals and was therefore denied.

RECOMMENDATION: 1. Staff recommends the Commission deny the appeal. Attachments: 1. Driveway Approach Request Form dated March 7, 2014 2. Vicinity Map 3. Applicants Parcel 4. Letter of Appeal dated March 10, 2014 5. Easement Dedication recorded May 13, 2008 6. Harsch Property Easement Relinquishment and Dedication Exhibit 7. E-mail dated March 6, 2014

Page 3: Development Services Department March 25, 2014 TO: FROM ...€¦ · RECOMMENDATION: 1. Staff recommends the Commission deny the appeal. Attachments: 1. Driveway Approach Request Form
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Attachment 1
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Attachment 3

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Attachment 5
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Page 11: Development Services Department March 25, 2014 TO: FROM ...€¦ · RECOMMENDATION: 1. Staff recommends the Commission deny the appeal. Attachments: 1. Driveway Approach Request Form
Page 12: Development Services Department March 25, 2014 TO: FROM ...€¦ · RECOMMENDATION: 1. Staff recommends the Commission deny the appeal. Attachments: 1. Driveway Approach Request Form