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HomeMy WebLinkAboutBedford Place Subdivision VAR-05-015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER Request for a Variance from Meridian City Code (MCC) 11-9-1 (Minimum Yard Setback Requirements), to Allow an ll-foot Front Building Setback* on Lot 5, Block 6, Bedford Place Subdivision No.4, by Brighton Corporation Case No: V AR-05-015 For the City Council Hearing Date of: August 23, 2005 * The applicant originally requested an ll-foot front building setback, but a subsequent survey found that a 9.9-foot setback to the structure currently exists. Therefore, a 9.9-foot front building setback (measured to property line) is hereby granted. 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 of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before 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 August 23, 2005, 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. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 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).V AR-O5-015 - PAGE 1 of 4 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 of record at the time of issuance of these findings is Brighton Corporation. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit B for the findings required for this application. B. Conclusions of Law 1. 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. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval 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. 7. That this approval applies only to the property described 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 is hereby granted a variance to MCC) 11-9-1 (Minimum Yard Setback Requirements), to Allow an 9.9-foot Front Building Setback on Lot 5, Block 6, Bedford Place Subdivision No.4. NOTE: The applicant originally requested an II-foot front building setback, but a subsequent survey found that a 9.9-foot setback to the structure CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).VAR-O5-0I5 - PAGE 2 0£4 currently exists. Therefore, a 9.9-foot front building setback (measured to property line) is hereby granted. 2. 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. 1. Please take notice that this is a final action ofthe governing body ofthe 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 conditional use permit approval 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 (plat map) Exhibit B: Required Findings for Variance By action of the Cit ouncil at its regular meeting held on the ,2005. 2 tJ ..¡ J.. day of COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ VOTED~ COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED -- CITY OF MERIDiAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).V AR-O5-015 . PAGE 3 of 4 JØ-: ; SEAL ~ 1". ..r::?::: ~ 4-- ,~,.o ~ ~ "1'..~'~r 1$\ . 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EXHIBIT B Bedford Place Variance V AR-O5-015 Required Findings for Variance REQUIRED 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 (MCCII-18-3), all of which must be detennined 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; The City Council finds that the circumstances of how this setback issue arose are unusual. The unusual circumstance is based upon the city's action in regards to a building permit being issued for the addition in the past. Therefore, the Council finds that the strict application of the building setbacks required by code is unreasonable in this instance. 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; As noted above, City Council finds that strict compliance with the City's Ordinances is unreasonable under the circumstances. City Council finds that granting the subject variance will not inhibit the achievements or the objectives of Title 11. That the granting of the 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; City Council anticipates that granting a variance will not be detrimental to the public's welfare or injurious to other properties in the area. In fact, this structure has been non- conforming for several years and City Council is not aware of any complaints from nearby property owners regarding the subject structure. Further, the applicant has contacted the surrounding neighbors and has received no opposition to the requested variance. That such variance will 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 the subject variance does not have the effect of altering the purpose and interest of the Zoning Ordinance.