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HomeMy WebLinkAboutBedford Place Sub VAR App.M C11, IF l-,Q��,jl�10E.n TRANSMITTALS TO AGENCIES FOR COMMENTS ON •/ IDAHO ,)'DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN SINCTo insure that your comments and recommendations will be considered by 1903 .the Meridian City Council please submit your 1993 MAYOR comments and recommendations to Meridian City Hall Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird. Christine Donnell Charles M. Rountree Shaun Wardle CITY DEPARTMENTS lire 540 E_ Franklin Road 888-1234 / fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fax 898-5501 Pl.arming 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E_ Watertower Lane 888-6678 / 846-7366 Public 'Works 660 E. Watertower Lane Suite 200 898-5500 / fax 898-9551 - Building 660 E_ Watertower Lane Suite 1.50 887-2211, / fax 887-1.297 - Wastewater 3401 N_ Ten Mile Road 888-2191./fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 / fax 884-1159 Attn: Will Berg, City Clerk, by: August 16, 2005 Transmittal Date: July 27, 2005 File No.: VAR 05-015 Hearing Date: August 23, 2005 Request: Variance to allow a reduced front setback and approve the removal of the deed restriction placed on this lot for Bedford Place Subdivision By: Brighton Corporation Location of Property or Project: 596 East Edgar Street David Zaremba (no FP) David Moe (no FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Keith Borup (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Christine Donnell, C/C Keith Bird, C/C Shaun Wardle, C/C Water Department Sewer Department Sanitary Services(No vAR. VAC, FP) Building Department Fine Department Police Department City Attorney City Engineer City Planner Parks Department Your Concise Remarks: Meridian School District (No FP) Meridian Post Office(FP/PP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian brig_ District Settlers Irrig. District Idaho Power Co. (FP,PP,CUP) Qwest (FP/PP only) Intermountain Gas (FP/PPonly) Bureau of Reclamation (FP/PP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Meridian Development Corp. Historical Preservation Comm. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERIC - FAX 888-4218 CITY ATTORNEY / HR - FAX 884-8723 FINANCE & UTILITY BILLING - FAX 887-4813 MAYOR'S OFFICE - FAX 884-8119 Printed on recycled paper 0 CITY OF MERIDIAN Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208) 884-5533 Phone / (208) 888-6854 Fax VARIANCE APPLICATION (RE: Meridian Zoning Ordinance–11-18, Meridian Subdivision Ordinance–12-11) VA's -or` �t Y APPLICANT: ADDRESS: / a(061 W. E.X P14k e- IW-- 5Y/76 2t)O /301 LE /) 8-3-213 PHONE: FAX: 3 7 7 – 99 6 Z E-MAIL: d 7W rn 12t[ ,(! - OWNER(S) OF RECORD: A312,/W 7f ADDRESS: 04 s i f& Zoo 8011C 14)- Y-23- � PHONE: —la -4-690-0— FAX: 377- 6, E-MAIL: Wlmmc f • con ENGINEER, SURVEYOR, PLANNER: EE12//l/G /IIO�Q T/ti!/S% ADDRESS: - pL ! /�O/ 5E I .D 83 70 PHONE: FAX: 37(e -555L_E-MAIL: dg-m(` �*&NIfl- ADDRESS, GENERAL LOCATION OF SITE: PRESENT ZONE CLASSIFICATION: k PRESENT USE OF SUBJECT PROPERTY: PROPOSED USE OF SUBJECT PROPERTY: 51AJCs1A5 P66519ewac DESCRIPTION OF PROPOSED VARIANCE: kGW6612 rW1Vr SET Zo 5 To 6XISrlAl Lt'Z7 OF EA Pl,"— I have read the information contained herein and certify the ' rmation is true and correct. Signature of Applicant: BRIGHTON CORPORATION July 1, 2005 Anna Canning Meridian City Planning Director 660 E. Watertower Ln., Ste. 202. Meridian, Idaho 83642 Re: Variance Request Dear Anna: Please accept this letter as fulfilling the requirements of the Contents of Variance Application as well as Section 11-18-2: Applications and Standards for Variances. In February 1994, Brighton Corporation purchased approximately 40 acres from Helen Davis on the south side of Ustick Road between Meridian Road and Locust Grove Road. Soon thereafter we applied for annexation, R-8 zoning and a preliminary plat, all of which were approved. As part of our purchase, we granted Mrs. Davis a life estate in the existing home and built her a new garage that would comply with the setback requirements of the approved preliminary plat. Mrs. Davis' home was to be platted with the final phase. Soon thereafter, Mrs. Davis on her own. hired a separate contractor and built a family room addition on to the front of the home. This was presumably done with the proper building permits from Meridian City. However, when we proceeded with construction and platting of Bedford Place Subdivision No. 4, which included the Davis home, we discovered that the new addition to the home encroached into the required front setback area. The home is approximately 11'-3" from the back of the sidewalk. The non -complying addition was made under the jurisdiction of Meridian City Building Department. This is not an effort to point fingers because we recognize that at the time the addition was made that the specific lot was not platted. However, the approval of the addition does create a hardship for us if the setback requirements are strictly enforced. Mrs. Davis passed away in 2004 and the life estate provision is no longer applicable. Brighton Corporation has taken possession of the home and has done some interior remodeling, upgraded the landscaping, replaced the roof and will soon be painting the exterior. Once this work is completed it is our desire to sell the home to a prospective buyer. We believe that the addition is a benefit to the neighborhood as a whole and its removal would be detrimental to the neighborhood. We contacted the surrounding neighbors prior to the remodeling work we have undertaken to ascertain whether they would be opposed to our expressed desire to obtain a variance and sell the home to an owner/occupant. We have received no indication of opposition. However, there is a deed restriction placed on the home that prevents us from doing so. We are Brighton Corporation ■ 12601 W. Explorer Drive ■ Suite 200 ■ Boise, Idaho 83713 www.brighloncorp.com ■ Telephone (208) 378-4000 ■ Fax (208) 377-8962 Page 2 of 3 0 07/01/2005 asking City Council to grant a variance for the front setback and approve the removal of the deed restriction for the following reasons outlined above and in the written response to the Contents of the Variance Application below: 1) Completed and signed application form. (Form attached.) 2) Proof of title of said owner. (Warranty Deed attached.) 3) Notarized consent from titled owner of property (Form and Articles of Incorporation for Brighton Corporation attached.) 4) Legal description of the property: Lot 5 Block 6 Bedford Place Subdivision No. 4 5) The home does not comply with the front setback requirements. 6) Compliance with the ordinance would require the removal of a beneficial improvement to the property and the surrounding neighborhood. 7) The front setback would have to be reduced to the current condition, approximately 11'-3" from the back of sidewalk. 8) The removal of the addition would require significant structural demolition and reconstruction with no corresponding benefit to the neighborhood. 9) As indicated above, the circumstances of how this issue arose in the first place are unusual and unintentional with respect to all parties involved. 10) See 9 above. 11) This is an unusual circumstance not contemplated in the code. 12) See the body of the letter above as a statement that these circumstances are not the result of the applicant's actions. 13) Granting this variance would not confer any special privileges that are not available to any other applicant with similar circumstances. 14) Granting the variance would allow us as the applicant to sell this property to an owner/occupant. Cost and convenience are not the sole reasons for this application. We believe that this is in the best interest of the neighborhood and the city. We do not wish, nor do we think it is preferable that we continue to own this property. 15) 1 don't believe there is any material relationship between this variance proposal the Meridian City Comprehensive Plan. 16) 81/2" x 11" site plan. (Attached.) 17) 1"=300' Vicinity map. (Attached) 18) NA 19) List of mailing addresses of all property owners within 300' of the external boundaries of the property. (Attached.) 20) $310 fee. (Check attached.) 21) A signed affidavit stating that the property will be posted not less than 10 days prior to the public hearing. (Attached.) In summary, we believe that: a) There are special circumstances or conditions that justify the granting of a variance. b) Strict compliance with the requirements would result in a hardship to the owner because a building permit was issued that was not in conformance with an approved preliminary plat. Page 3 of 3 07/01/2005 c) The granting of this variance is in no way detrimental to the public's welfare or injurious to other property in the area. In fact, enforcing the setback requirement will result in the loss of property value which would not be beneficial to the neighborhood. d) The granting of this variance will not alter the interest and purpose of this Title or the Meridian Comprehensive plan because this is an extraordinary case or set of circumstances. Thank you for your consideration and understanding. Sincerely, ` 4al:r-/ David Turnbull 0 ! DEED RESTRICTION FOR GOOD AND VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the below signed Grantor, DAVID W. TURNBULL, PRESIDENT OF BRIGHTON CORPORATION, owner of the land described as: Lot 5, Block 6, Bedford Place Subdivision, records of Ada County, Idaho Bargain and Convey unto the CITY OF MERIDIAN and to all subsequent owners of the above described parcel of property, this declaration, acknowledgement and deed restriction. It is agreed that the property above described has been granted a variance from the twenty foot (201) front setback to a ten foot (10') setback. It is further agreed that while HELEN V. DAVIS, a widow, is living, the property shall maintain a ten foot (101) front setback, and upon the demise of HELEN V. DAVIS the above described property will resort back to the twenty foot (201) front setback requirement, 'and the Grantor is willing to place a restriction on the property so that the above described property will maintain a ten foot (101) front setback until the demise of HELEN V. DAVIS, at which time •the property will resort back to the twenty foot (20') front setback requirement. Therefore, this DEED RESTRICTION is given to the City and it shall bind the Grantor and the property and shall maintain the variance of the ten foot (10') front setback until the death of HELEN V. DAVIS, at such time the property will return to the twenty foot (201) front setback requirement. r: 0 0 That Grantor specifically covenant that he is the fee simple titled owner of record of the land described above and that he has the full and unrestricted right to grant this restriction. Grantor further covenants that he will, at his sole cost and expense, defend this restriction and take all action necessary to return the property to the twenty foot (20') front setback upon the demise of HELEN V. DAVIS. That this restriction shall be a covenant running with the land "and shall be binding on the heirs, executors and assigns of, the Grantors. DATED This day of 1996' 4A ID W- TURNBULL, RESIDENT BRIGHTON CORPORATION STATE OF IDAHO,) ss. County of Ada, ) On this`"day of 1998, before me, the undersigned, a Notary pub a.c in and for said State, personally appeared DAVID W. TLIRNBULLi knownhis name as PRESIDENT p PRESIDENT BRIGHTON BRIGHTON CORPORATION, who signed CORPORATION, to the foregoing instrument; and acknowledged to me that he executed the same as PRESIDENT OF OF BRIGHTON CORPORATION. IN WITNESS WHEREOF, I have hereunto. set my hand and affixed my official seal, the day and year in t s certificate first above written. / T—a public ladeiding at: My Commission Expires: Vblkit- 0 9401302` 1I.P7'7 (if) ,7;1 WARRANTY DEED n (With Reservation of Life Est&&)' I g THIS WARRANTY DEED, mar' : this 10th day of'Pe�FW t99A� between HELEN V. DAVIS, a widc­/. of Meridian, Ada County, Idaho- i"GRANTOR ), and HTON CORPORATION, , Idaho Corporation, whose addresssK X2.3bJ Vv. ExplAret DrtYe, Suite 200, Boise, Idaho 83704 ('GRANTEE'); V WITNESSETH: The GRANTOR, for and in consideration of the sum of Ten and No/100ths Dollars, lawful money of the United States of America, and other ,,vod and valuable consideration, to her in hand paid by the GRANTEE, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained and sold, and by these presents does grant, bargain, sell, convey and confirm unto the GRANTEE, and to its successors and assigns forever, all of the following described real property situate in the County of Ada, State of Idaho (hereafter 'Subject Property'), to -wit: Real property described on 'Exhibit A" attached hereto and made a part hereof. SUBJECT TO: The exceptions shown on 'Exhibit B' attached hereto and made a part hereof. FURTHER SUBJECT TO: The reservation by the GRANTOR of a life estate in and to the residential dwelling located or. the Subject Property and occupied by the GRANTOR at the date of this Warranty Deed, including the land adjacent thereto required for the GRANTOR's use and occupancy thereof as her residence, together with full and unobstructed rights of ingress and egress thereto (which dwelling. !and and rights of ingress and egress are hereafter called "Dwelling'), said He estate herein reserved to be on the following terms and conditions: (a) The life estate herein reserved shall continue for the life of the GRANTOR, o, til the GRANTOR permanently relocates her place of residence to a oiace other than the DweCing, whichever shall first occur; (b) During the term of the life estate herein raserved, the GRANTOR shall keep the improvements comprising the Dwelling insured against loss by fire and ,!'er casualty in an amount not less than the full replacement cost thereof. . ith the GRANTEE to be named as the loss payee WARRANTY DEED - ; 16771001752 thereunder, provided, that if said improvements are damaged or destroyed by fire or other casualty, neither the GRANTOR nor the GRANTEE shall be obligated to repair or r3place the same; (c) The GRANTOR shall pay all ad valorem real property taxes and other assessments levied and assessed against the Dwelling during the term of the life estate herein reserved, apportioned for any period of less than a full calendar year. - (d) The GRANTOR shall pay for all utilities used or consumed in connection with the Dwelling during the term of the life estate herein reserved, and for all maintenance and repairs necessary to keep and maintain the Dwelling in a good and habitable condition. TOGETHER WITH all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, including any and all water rights, mineral: rights, easements, r;ghts-of-way, and all improvements located thereon; the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and L.1 of the GRANTOR's estate, right, title and interest in and to the Subject Property, as well in law as in equity, subject to the reserved life estate above described. TO HAVE AND TO HOLD the SL ct Property, together with the appurtenances unto the said GRANTEE, and to its successors and assigns forever, and the GRANTOR does hereby covenant to and with the said GRANTEE, and its successors and assigns, that the GRANTOR "s the owner in fee simple of said real property; that the Subject Property is free from all encumbrances except as (nay be otherwise expressly specified herein; and that the GRANTOR will warrant and defend the Subject Property from all lawful claims whatsoever. IN WITNESS WHEREOF, the GRANTOR has hereunto set her hand and sea! the day and year fist above written. J HELEN V. DAVIS WARRANTY DEED - 2 �J EXHIBIT A - Page 1 of 1 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) I, �?9y/,l� ZLlIZ�t/f3Zf!!-G, rjl6lf�O�tl (name) o/s6 (city) 1 /1a (state) 2647 / W, 6XP1, 2EX AA SW r TE 249d (address) being first duly sworn upon oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: ;jt�Z1 frl4Lei l",4791e C1 , S,17N E A -S i?3 d✓5- (name) (address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this day of / c -V 220 e (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. �,��`G�• ;..Hq�V,F'•,� No lic for Idaho '44� .• Residing at a }0T AR Ir 7" My Commission Expires: �G Z push'` O ••'