HomeMy WebLinkAboutPackard Acres No. 3 VARBEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C OS-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 N0.3,
LOCATED ON THE WEST SH)E OF
WINGATE LANE (PRIVATE),
APPROXIMATELY 2,000 FEET
SOUTH OF USTICK ROAD,
TOWNSHIP 3 N., RANGE 1 E.,
SECTION 5, MERIDIAN, IDAHO
BY: PACKARD ESTATES
DEVELOPMENT,LLC
APPLICANT
Case No. VAR-04-002
FINDINGS. OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL OF VARIANCE
The above entitled matter coming on regularly for public hearing before the City Council
on May 18, 2004, at the hour of 7:00 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, Daue 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF VARIANCE
FOR PACKARD ACRES SUBDIVISION NO. 3 - (VAR-04-002)
PAGE 1 OF 4
FINDINGS OF FACT
1. The applicant is requesting a variance for the reduction of the setback from 20
feet to 13.55 feet for the existing house which is located on proposed Lot 21, Block 5. The
variance is requested from the 15 foot front yard setback which is allowed in the R-4 zone. The
15 foot front yazd 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 from the edge ofright-of--way, and due to the odd angle of the house, the side
of the house would be about 13 feet from the street. Additionally, the driveway to the existing
gazage 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 aze herein
adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER, that the Council does hereby
deny the application for variance approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF VARIANCE
FOR PACKARD ACRES SUBDIVISIONNO. 3 (VAR-04-002)
PAGE 2 OF 4
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHINGS 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 maybe filed.
Please take notice that this is a fmal 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
ititerest in real property which maybe 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.
By action of the City Council at its regular meeting held on the ~ S~day of
~~~ , 2004.
By. - _ ~
Tammy de e
Mayor, City of Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF VARIANCE
FOR PACICARD ACRES SUBDNISION NO. 3 (VAR-04-002)
PAGE 3 OF 4
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Attest: - `
SEAL -
j~ _, ~ 9~9GCUST tst ~,~oQ1O~ -
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William G. Berg, Jr., Cit Cl k ''a, L"s~~ • `\`~
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Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney.
By: ~QQ)Yl,/ Dated: t D h 0 1 ~~,~
City Clerk's Office
Z:\Work\M1MeridianHvieridian 15360M\Packazd Acres Sub No. 3 AZ-04-006 PP-04-006 VAR-04-002\FFCLOrdDenyVAR.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF DENIAL OF VARIANCE
FOR PACKARD ACRES SUBDNISION NO. 3 (VAR-04-002)
PAGE 4 OF 4