HomeMy WebLinkAboutPackard Acres Subdivision No. 3 VAR-04-002
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 05-18-04
IN THE MATTER OF THE
REQUEST FOR A VARIANCE FOR
REDUCTION OF THE SETBACK
OF THE EXISTING HOUSE ON
LOT 21, BLOCK 5 FROM 20 FEET
TO 13.55 FEET FOR PACKARD
ACRES SUBDIVISION NO.3,
LOCATED ON THE WEST SIDE OF
WINGATE LANE (PRIVATE),
APPROXIMATELY 2,000 FEET
SOUTH OF USTICK ROAD,
TOWNSHIP 3 N., RANGE 1 E.,
SECTION 5, MERIDIAN, IDAHO
Case No. V AR-04-002
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL OF VARIANCE
BY: PACKARD ESTATES
DEVELOPMENT, LLC
APPLICANT
The above entitled matter coming on regularly for public hearing before the City Council
on May 18,2004, at the hour of7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho,
Meridian, Idaho, and the City Council takes judicial notice, and the hearing was opened on the
variance application and Anna Powell Planning Director for the Planning and Zoning
Department, Police Chief Bill Musser, Pat Tealey, Dave Battaglia, Dale Sharp, Helen Sharp, and
Mike Spink, and the City Council based upon its Findings of Fact and Conclusions of Law and
Decision and Order in this matter, does hereby deny the application for variance approval.
FINDJNGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF VARIANCE
FOR PACKARD ACRES SUBDNISION NO.3 - (V AR-04-002)
PAGE 1 OF4
FINDINGS OF FACT
1.
The applicant is requesting a variance for the reduction of the setback ITom 20
feet to 13.55 feet for the existing house which is located on proposed Lot 21, Block 5. The
variance is requested ITom the 15 foot ITont yard setback which is allowed in the R-4 zone. The
15 foot ITont yard setback applies to the projected living space with the parking to be setback at
20 feet.
2.
The variance would be inappropriate due to the fact that the existing home is a
little over 13 feet ITom the edge of right-of-way, and due to the odd angle ofthe house, the side
of the house would be about 13 feet ITom the street. Additionally, the driveway to the existing
garage is recessed and angled from the road. If the variance was granted, if you moved a total of
106 square feet of building area it would encroach into the setback. Additionally, the garage
would have six square feet that would encroach into the setback area.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code
Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein
adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER, that the Council does hereby
deny the application for variance approval.
FINDJNGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF VARIANCE
FOR PACKARD ACRES SUBDNISIONNO. 3 (VAR-O4-002)
PAGE 2 OF 4
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review as provided by
Chapter 52, Title 67, Idaho Code.
IS-I-
By action of the City Council at its regular meeting held on the --=- day of
v~
,2004.
~.
BYT=~
Mayor, City of Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF VARIANCE
FOR PACKARD ACRES SUBDNISION NO.3 (V AR-O4-002)
PAGE 3 OF 4
Attest:
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney.
By: ~ QJY\...I
City Clerk's Office
Dated: Tt,nÐ A,~
Z:\Work\M\Meridian\Meridian 15360MIPackard Acres Sub No.3 AZ-O4-005 PP-O4-006 VAR-O4-002IFFCWrdDenyVARdoc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF VARIANCE
FOR PACKARD ACRES SUBDNISION NO.3 (V AR-O4-002)
PAGE 4 OF 4