The URL can be used to link to this page

Home My WebLink AboutEarl & Donna Bohrn VAR-04-006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter ofthe Request for a Variance from MCC 11-10-6 to Allow a Preschool Facility for Five or Fewer Children to be Operated in a Required Garage Area of a Single- family Home in an R-4 Zone. Case No(s). V AR-04-006 For the City Council Hearing Date of: October 5, 2004 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries ofthe property. The notice of public hearing before the City Council was posted upon the property under consideration at least ten days prior to said hearing. All other noticing was done consistent with Idaho Code §67- 6509. b. The matter was duly considered by the City Council at the October 5, 2004, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. A public hearing was not required before the Planning and Zoning Commission for this type of application. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. d. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-O4-006 -PAGE I 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings are Earl and Donna Bohm. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit B for the findings required. B. Conclusions of Law I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 4. That the City has issued an order of denial in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 5. That this decision of denial is for the subject property as described in the Legal Description in Exhibit A. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a Variance from MCC 11-10-6 is hereby denied for the following reason: a. There is no evidence to support findings for approval of the requested variance (see Exhibit "B"). D. Notice of Final Action and Right to Regulatory Takings Analysis CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-O4-006 - PAGE 2 1. 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. 2. 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 the issuance or denial of the variance request 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. E. Exhibits Exhibit A: Legal Description Exhibit B: Variance Findings By action of the City Council at its regular meeting held on the 5th day of October, 2004. COUNCILMAN SHAUN WARDLE m. Ø» Ii €'ll-- ø-, # ¡;j ELl- COUNCILMAN BILL Nì\K'/ VOTED~ VOTED Ill.>~ COUNCILMAN CHARLIE ROUNTREE VOTED~ VOTED~ COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED Attest: Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By: L~ ~ City Clerk Dated: 10- 2.5 -04- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-04-006 - PAGE 4 EXHIBIT "A" Lot 11 in Block 4 of The Vineyards Subdivision No.2, according to the official plat thereof, filed in Book 61 of Plats at Pages 6126 and 6127, Official Records of Ada County, Idaho. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-04-006 - PAGE 5 EXHIBIT "B" REOUIRED FINDINGS According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings (MCC11-18-3), all of which must be determined before granting a variance: A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; City Council finds that there are no special circumstances or conditions affecting this property that would make the strict application of the provisions of this Title impracticable or unreasonable. In the past, other folks have requested a business as an accessory use to their dwelling in a required two-car garage and have been denied. There is nothing special or extraordinary about this property that would distinguish it from others who have been denied for the same request. The preschool could be reasonably accommodated in the living portions of the existing residence. B. That strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievements or the objectives of this Title; Due to the fact that the Bohrn's have already renovated their garage into a preschool facility without approval of the City, strict compliance with the requirements of this Title would force them to return their garage to its previous state. It would be a monetary hardship to reconstruct the garage and move the preschool into the living portions of the house. However, monetary hardships are generally not sufficient as findings for a variance approval. C. That the granting of the specified variance will not be detrimental to the public's welfare or injurions to other property in the area in which the property is situated; City Council anticipates that the variance will not be detrimental to the public's welfare or iIÿurious to other properties in the area; however, several. written objections were filed and oral testimony provided by surrounding property owners against the variance request. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-04-006 - PAGE 6 D. That such variance wiD not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan." City Council finds that the issuance of a variance for reducing housing standards to allow the garage to be used as a preschool facility and not be capable of housing two automobiles will have the effect of altering the purpose and/or interest of the Zoning Ordinance or the Comprehensive Plan. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-O4-006 - PAGE 7