HomeMy WebLinkAboutBaldwin Park Subdivision No. 5 VAR-04-004
BEFORE THE MERIDIAN CITY COUNCIL
C/C 07/06/04
IN THE MATTER OF THE
APPLICATION OF CAPITAL
DEVELOPMENT/CAPITAL HOMES,
FOR A VARIANCE TO ORDINANCE
MCC 11-9-1 MINIMUM YARD
SETBACK REQUIREMETNS IN A R-
8 ZONE FOR BALDWIN PARK
SUBDIVISION NO.5, LOCATED AT
1127 W. GREAT BASIN DRIVE,
MERIDIAN, IDAHO
V AR-O4-004
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF DECISION
GRANTING A VARIANCE
The above entitled matter coming on regularly for public hearing before the City Council
on July 6, 2004, and Brad Hawkins-Clark for the Planning and Zoning Department, Jon
Yorgason, appeared and testified, and the City Council having received the transmittal to
agencies and having received the variance application, having heard the testimony presented,
being fully advised in the premises does hereby make the following Findings of Fact and
Conclusions of Law and Order of Decision, as follows to-wit:
FINDINGS OF FACT
1.
The City Council takes judicial notice of its Zoning, Subdivisions and Development
Ordinances codified at Title II Municipal Code of the City of Meridian and all current zoning maps
thereof and the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE I V AR-04-004
BALDWIN PARK SUBDiVISION NO.5
PAGE 1 OF 10
Resolution No. 02-382 and Maps.
2.
The requirements ofIdaho Code §§ 67-6509,6516 and Meridian City Code §§ 11-15-
5 and 12-11-3 as evidenced in the record of this matter.
3.
The Applicant is Capital Development/Capital Homes whose address is 6200 N.
Meeker Place, Boise, Idaho 83713.
4.
The owner of record of the property is Capital Development, Inc. whose address is
6200 N. Meeker, Boise, Idaho 83713.
5.
The location of the subject property is presently located on Lot 6, Block 11 in
Baldwin Park Subdivision No.5, with a physical address of 1127 W. Great Basin Drive. The
property is designated as "Medium Density Residential" in the Future Land Use Map of the 2002
Comprehensive Plan.
6.
The legal description of the property appertains to the real property that is included
within the Vicinity Map, and which legal description and Vicinity Map appear in the record of
proceeds of this matter, and which are on file with the Meridian City Clerk's office located at 33 E.
Idaho, Meridian.
7.
The present land use of subject property is presently zoned as R-8 (Medium Density
Residential District), and which subject property is presently residential.
8.
The proposed land use of subject property is to develop the subject property in the
following manner: a new home presently exists on the property.
9.
That a Vicinity Map, which is on file with the Meridian City Clerk's office, with the
proposed scale approved by the City Council showing property lines, existing streets, proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE 1 V AR-04-004
BALDWIN PARK SUBDiVISION NO.5
PAGE 2 OF 10
district and such other items as required has been furnished.
10. The Applicant seeks a variance of the following provision of the Meridian
City Code, §11-9-1, MINIMUM YARD SETBACK REQUIREMENTS, and in the R-8 zone,
which provides as follows:
11-9-1 MINIMUM YARD SETBACK REQUIREMENTS:
MINIMUM YARD SETBACK REQUIREMENTS
Maximum Lot Maximum Minimum Street
Minimum Interior Street Coverage Building (In Frontag
Lot District Area(8) Front Rear Side Side ~ Height ~-
R-2 18,000 sq. ft. 25' 15' 7.5'/story 20' 100'(5)
R-3 12,000 sq. ft. 25' 15' 7.5'/story 20' 90'(5)
R-4 8,000 sq. ft. 30'(1) 15'(7) 5' 25'(1) 35' 80'
Per DU 20'(2,9) 20'(2,9
)
R-8 6,500 sq. ft. 30'(1) 15'(7) 5' 25'(1) 35' 65'(3)
(3)
Per DU
4,000 sq. 20'(2,9) 15'(7) 5' 20'(2,9) 35' 40'(4)
ft.(4)
Per DU perDU
R"15 2,400 sq. ft. 20'(2,9) 15'(7) 5'/story 20'(2,9) 40' 50'
PerDU
R-40 20' 15'(7) 0 20' 40'
L-O 7,000 sq. ft. 30'(1) 25'(1)
20'(2) 20' 5'(5) 20'(2) 50% 35' 50'
CoN 4-8 acres 15' 25' 10' 0 70% 35' nIa
C-C 8-30 acres 25' 0 0 0 70% 40' nIa
CoG 15' 0 0 0 70% 40'
RSC 75 + acres 70' 0 0 30' 70% 40'
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE 1 V AR-04-004
BALDWIN PARK SUBDiVISION NO. 5
PAGE 3 OF 10
OT
See district
regulation for
correspondin
guse
proposed
80(6) acres 35' 20' 20'
35' 0 0 30'
20 acres 60' 15' 10'
30'
70%
60%
0
nIa
TE
I-L
M
39'
40'
10%
80'
nIa
Notes:
(1)
(2)
(3)
(4)
Arterial and collector streets.
Local streets.
Single-family detached dwellings.
Single-family attached dwellings and two-family dwellings (duplex).
(5) Street ITüntage on cul-de-sac lots shall be a minimum of 40 feet measured as a chord
measurement.
Street frontagl' for 1 or 210ts sharing a common driveway shall be a minimum of 15 feet.
Street frontage for 3 or 4 lots sharing a common driveway shall be a minimum of 10 feet.
Street frontage for flag lots that do not share a common driveway shall be a minimum of 30 feet.
(6) A smaller minimum lot area may be requested and granted if deemed feasible.
(7) On comer lots in residential districts, the rear setback may be detennined on a side of a structure,
at the option of the builder.
(8) Minimum lot area shall be detennined exclusive of land that is used for streets, highways, alll'Ys,
roads, rights of way, irrigation easements unless the water is conveyed through pipe or tile and
included as part of the utility easement that generally run along the lot lines, and land that is used for
the conveyance of irrigation water, drainage water, creek or river flows.
(9) The setback may be reduced to 15 feet for living areas and side entry garages in accordance with
MCCII-9-2D3.
11.
All property owners within three hundred feet (300') ofthe external boundaries have
been notified by mail, and their mailing addresses may be obtained from the list on file with the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE I V AR-04-004
BALDWIN PARK SUBDiVISION NO. 5
PAGE 4 OF 10
Planning and Zoning Department.
12.
The applicant is requesting a variance from section 11-9-1 ofMCC, which prohibits
buildings being closer than 5 feet on the side building setback in the R-8 zone. The applicant is
requesting a the variance to allow for a reduction of the side building setback from five feet (5') to
four feet (4 '). Additionally, the footings are already in and the home has been completed.
13.
The applicant states that the hardship which prohibits compliance with the ordinance
is the fact that moving or rebuilding the home would be very difficult. The "planned" and "as built"
site plans show that the structure could have met all required setbacks if constructed in the proper
location. Unfortunately, the footings were installed and construction completed in the wrong
location. There are approximately 18-feet of the building that project into the side setback. This
encroachment, at its greatest width, is approximately 10 inches.
14.
Applicant states in his letter dated June 3, 2004 the following reason for the variance:
1.
A home has been started on Lot 5, which is located exactly 5 feet from the lot
line.
We have spoken with the building department and verified that there are no
building or fire codes that would prevent the home from staying in its current
location.
The location of the footing for the home was inspected by the building
inspector.
The placement of the footing was not malicious or intentional.
Moving or rebuilding the home would be very difficult.
2.
3.
4.
5.
15.
No complaints were received by the City pertaining to this matter.
16.
Staff has worked with the Applicant on trying to bring this site into confonnance
without a variance, but has been unable to do so. The Applicant has also looked into purchasing
additional property from the lot to the west, but construction on a house has begun and is at the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE I V AR-04-004
BALDWIN PARK SUBDiVISION NO.5
PAGE 5 OF 10
minimum side setback. Therefore, there is no "extra" property to spare to the west, so a lot line
adjustment will not solve the situation.
17.
It is anticipated that the variance will not be detrimental to the public's welfare or
injurious to other properties in the area, and the Building Department and Fire Departments do not
object to the 4-foot setback (9-feet between structures).
18.
It is found that the issuance of the requested variance will not have the effect of
altering the purpose and interest of the Zoning Ordinance.
19.
Staff is unaware of provisions ofIdaho Code that would be violated by the issuance of
the requested variance.
20.
The variance would not constitute any special privilege for the property owner that
could not be sought by owners of other land in the same situation, and the request does not conflict
with any provisions of the Comprehensive Plan.
21.
The granting of this variance will not have an effect of altering the interest and
purpose of the Subdivision or Development Ordinance andlorthe City's Comprehensive Plan for the
reasons stated above.
22.
The applicant paid the fee established by the City Council for application variance.
23.
The applicant shall be required to comply with the conditions and requirements of
the Meridian Fire Department listed in their letter dated June 21,2004.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority pursuant to the enactment of the Local Land Use
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE I V AR-04-004
BALDWIN PARK SUBDiVISION NO.5
PAGE 6 OF 10
Planning Act of1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho
Code § 67-6516 to provide as part of its zoning ordinance for the process of applications for
variance permits.
2.
The City of Meridian has exercised its authority of Idaho Code § 67-6516 by the
enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian
City Code § 11-18.
3.
That the requirements for the processing of a variance request are set forth in Idaho
Code § 67-6509, 6516 and Meridian City Code §§ 11-15-5 and 11-17-5.
4.
Application and standards for variances are set forth in Meridian City Code § 11-18-2,
and the findings which are required are set forth in Meridian City Code § 11-18-3, include required
[IDdings that there are special circumstances or conditions affecting the property that strict
application of the provisions of Zoning and Development Ordinance would clearly be impracticable
and unreasonable, and a finding that strict compliance with the requirements of the Zoning and
Development Ordinance would result in extraordinary hardship to the owner, subdivider or
developer because unusual topography, the nature or condition of adjacent development, or other
physical conditions or other conditions that make strict compliance with the ordinance unreasonable
under the circumstances, or that the conditions and requirements of said ordinance will result in
inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified
variance will not be detrimental to the public's welfare or injurious to other property in the area in
which the property is situated, and that such variance will not have the effect of altering the interest
and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE I V AR-04-004
BALDWIN PARK SUBDIVISION NO.5
PAGE 7 OF 10
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does
Order:
1.
That the Applicant is hereby granted a variance to ordinance MCC 11-9-1 Minimum
Yard Setback Requirements in an R-8 zone for Baldwin Park Subdivision No.5. The applicant shall
be required to comply with the conditions and requirements of the Meridian Fire Department listed
in their letter dated June 21, 2003, and the variance would only apply to Lot 6, Block 11 for Baldwin
Park Subdivision No.5, with a physical address of 1127 W. Great Basin Drive.
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 Section 67-6521 an affected person being a person who has an
interest in real property which may be adversely affected by the issuance or denial of a variance
authorizing a variance of the Minimum Yard Setback Requirements in the R -8 Zone as provided
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE 1 V AR-O4-004
BALDWIN PARK SUBDiVISION NO. 5
PAGE 8 OF 10
in the Section 11-9-1 and 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 ~ day of
~, 2004.
ROLL CALL:
COUNCILMAN SHAUN WARDLE
VOTED~
VOTED~
VOTED~
COUNCILMAN BILL NARY
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
VOTED~
VOTED-
MAYOR TAMMY de WEERD
(TIE BREAKER)
DATED:-.Jl, 11 J ~(),dC04-
MOTION:
APPROVED:
x
DISAPPROVED:
Attest:
PAGE 9 OF 10
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department,
and the City Attorney office.
BY~O~... ~J\ ~ Ö NU
City Clerk's Office
Dated: 1- lü -04
Z:\WorklM\MeridianlMeridian lS360MlBaldwin Pw:kSub No.5 VAR.Q4-004\FfCIsGrnntVarianceMCCII-9-l.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE I V AR-04-O04
BALDWIN PARK SUBDiVISION NO. 5
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