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Home My WebLink AboutKW Homes VAR 02-007 MAYOR Roba't D. Cotrie CITY COUNCIL MEMBERS Tannny deWeerd Keith Bird Chile M~&mdless William L.M. Nary MEMORANDUM: To: From: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERII)IAN, IDAHO 83642 (208) 888-4433- FAX (208) 887-4813 City Clerk Office Fax (208) 898-4218 Mayor and City Council David McKinnon, Planner II RECEIVED JUL 1 I 2002. CITY OF MERIDIAN CITY CI FRK OP ICF LEGAL DEPARTMENT (208) 288-2499 · Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 · Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 · FAX 888-6854 July 11,2002 Re: Request for a Variance from Meridian City Code (MCC) 11-9-1 (Setbacks), to Allow a Five-foot (5') Setback for a Two (2) Story Building In Lieu of a Five- foot (5') Per Story Setback as Required by the MCC, at 2641 E. Bernice Drive by K. W. Homes (File No. VAR-02-007). The Planning and Zoning staff has reviewed the applicant's submittal, and we offer the following comments and recommendations: APPLICATION SUMMARY The Applicant, Kent Wang, has asked for a variance to allow a side yard setback reduction from ten feet (10') to five feet (5') for a home that has already been completed. The MCC requires a five foot (5') setback from property line, per story, for interior side lot lines. The home in question has a second story dormer (part of an above garage bonus room) that is located just five feet (5') from the property line. The dormer was not included on the approved set of drawings and was an addition made in the field without plan review approval The addition of the dormer violated the setback requirements of the City of Meridian. In order to correct the problem created by the construction of the dormer, the Applicant purchased a five-foot strip of land from the adjacent property owner (John Cotner) so that his home would conform to the required ten-foot (10') setback requirement. Unfortunately, the sale of the property was not ever properly recorded and both homes (properties) have been sold to different parties. The purchaser of the "Cotner" home is unwilling to sell the additional five feet of land to the Applicant, thereby making the Applicant's home, as it has been constructed, unable to comply with the setback requirements. LOCATION The Applicant's property SUbdivision. is located at 2641 E. Bernice Drive, within the Packard Estates SURROUNDING PROPERTIES North - Residential, zoned R4. WANG Var VAR-02-007 Mayor and Council July 11, 2002 Page 2 South - Residential, zoned R-4. East - Residential, zoned R-4. West - Residential, zoned R-4. 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 (MCCll-81-3), all of which must be determined before granting a variance: Ao 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; Staff finds that there are no special circumstances, other than those circumstances resulting from errors caused and created by the Applicant, affecting the property that would make the strict application of the setback requirements impracticable or unreasonable. The original approved construction plans for the home did not include the dormer as it is now builtz The purchase of the five foot (5') strip of land adjacent to the dormer side of the home was not recorded by the applicant after the land was purchased. If the applicant had either shown the dormer on his plans or recorded the purchase of land, the City would not be reviewing this variance request at this time. Bo 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, all of the problems associated with this application are not derived from anything other than the applicant's omissions and mistakes. Strict compliance with the MCC at this point may be unreasonable due to the fact that the home is now complete; however, the circumstances are not due to unusual topography, the nature or condition of adjacent W~g.V~ Mayor and Council July 11, 2002 Page 3 development, other physical conditions or other conditions that existed prior to the construction of the subject home. Ce 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; Staff does not anticipate that the requested variance will be detrimental to the public's welfare or injurious to other properties in the area. However, the goals and objectives of the MCC will be compromised should a variance be granted. The City Council should listen to any public testimony offered concerning whether or not the surrounding property owners feel that the requested variance will affect their properties. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan. Staff finds that the issuance of a variance for the dormer (second story) will have the effect of altering the purpose and interest of the Zoning Ordinance. Staff does not feel that mistakes and omissions should be justification for the issuance of a variance. STAFF RECOMMENDATION Staff recommends denial of this variance request. VAR-02-007 Wang. Var Mayor and Council July 11, 2002 Page 4 VAR-02,-00? Wang. Var Mayor and Council July 11, 2002 Page 4 Applicant's home. VAR-02-007 Wang. Vu -ire Depamuent Joseph Silva Deputy Chief Meridian Fire Department 540 E. Franklin Rd. Meridian, Id 83642 ~888-1234 July 2, 2002 JUL. 0 2 2002 TO: Meridian Planning & Zoning Commission ~ City Of Merid/an FROM: Joseph Silva, Deputy Chef, Fire Prevention City Clerk Office SUBJECT: 2641 E. Bernice Dr. VAR 02-007 The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. The reduction of the setback to 5' may make it difficult to ladder the window to provide an effective rescue of trapped occupants on the second floor. A 5' working space is not adequate for a ftrefighter and a victim to descend safely. MAYOR Robert D. Com: CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (2081 888-1433 · Fax (208) 88%4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 · Fax 288-2501 PUBLIC WORKS (208) 898-5500 · Fax 88%1297 BUILDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING AND ZONING (208) 884-5533 · Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: Transmittal Date: File No.: Request: July 11, 2002 By: Location of Property or Project: May 29, 2002 Hearing Date: July 16, 2002 VAR 02-007 Request for Variance for reduced setback from ten feet to five feet on the side of home with a dormer on the second level -2641 E. Bernice Drive KW Homes Lot 28 Block 4 of Packard Estates No. 3, 2641 E. Bernice Drive David Zaremba, P/Z ~, van; vac, re Jerry Centers, P/Z ~ v~ vAc re Leslie Mathes, P/Z ~. v,~, v,~c, ~,~ Keven Shreeve, PIZ ~,, v,~ v,~c, re Keith Borup, P/Z (~, v~, vac re Robert Corrie, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service ~, wv~ v,c, re Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department Your Concise Remarks: Meddian School District ~w re Meridian Post Office Ada County Highway District Community Planning Assoc. Central District Health Nampa Meddian Irdg. District Settlers Irrigation Distdct Idaho Power Co. U.S. West Intermountain Gas ~/p~ ~,~) Bureau of Reclamation Idaho Transportation Department ~re Ada County (az ~,~ RECEIVED JUN -6 2002 City of Meridian · City Clerk Office Meridian Building Department From-' Daunt Whitman ~ 6/612002 RECEIVED JUN -6 2002 City of Meridian City Clerk Office I lltl IIUUU IUI i:l Valli:lllUt~ IUI UIl~ JJIUJ.)~lty Ualllt~ aJJI.)Mt ~1~ IUIIUW,~. I IIU IJMIIUUI VaIIUU from his approved plans and added the dormer that encroaches into the side yard :setback area. Ai a framirrg irr~pur.,'~iur~, ii wu~ de~ur'mir~ud ihai ihure wa~ a pr'ubiem and the buildem answer was to purchase additional land from the adjacent properly owner. AL ii, aL lime, anu/i~er buiider owned LJle adja~n[ p~Ope~Ly. Ti~e CerLifi~Le o[ O~upancy for ~ Homes was issued based on the information provided that the land pur~ase had taken pla~. Other ne~ghbonng junsd~cbons look at bonus room areas mtterently than we have ~n Meridian so it is understandable how this builder could have made the setback mistake. It does not excuse his deviation from the approved plans. Ada County Highway District David E. Wynkoop, President Dave Bivens, 1st Vice President Judy Peavey-Derr, 2nd Vice President Susan S. Eastlake, Commissioner Sherry R. Huber, Commissioner 318 East 37th Street Garden City ID 83714-6499 Phone (208) 387-6100 FAX (208) 387-6391 E-mail: tellus@ACHD.ada.id.us TO: Kelly Hefner 2641 E. Bemia Drive Meridian, Idaho 83642 May 31, 2002 RECEIVED JUN -.6 2002 Setback variance 2641 E. Bernice Park ' , ......... ~Mer~dian City Clerk Office The Ada County Highway District (ACHD) staff has received and reviewed the application and site plan for the item referenced above and is submitting this no review letter in response to the lead agency's request for comment. Based on the submitted information, it has been determined that the proposed development will generate less than 10 additional vehicle trips per day (VTD); or improvements exist adjacent to the site and ACHD has no site improvement requirements attributable to this application. ACHD policy states that no site related improvements will be required for developments generating less than 10 additional VTD. If the site plan or use changes in such a manner that more than 10 additional vehicle trips per day are generated, then ACriD will review the site plan and may issue requirements based on the ACHD Policy Manual. ACHD policy requires that before any improvements of any kind are constructed or installed within the public right-of- way, a permit or license agreement permitting the improvements must be obtained. All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. Contact District staff at 387-6170 for details. Please contact the office for determination of.possible road impact fees, prior to obtaining a building Permit. These fees are collected in accordance with Ordinance #195, the Ada County Highway District Road Impact Fee Ordinance. If you have any questions, please feel free to contact me at (208) 387-6170. Si~erely, De~elopment Analyst Planning & Development Cc'. Planning & DevelopmentJChron/Project File Planning & Development Services City of Meridian Construction Services KW Homes Kent Wang 6002 Fairview Avenue Boise, Idaho 83704 ,~RTN HICKORY WY CENTRAL DEPARTMENT CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division ]:{,'ECE]'V T"Return to: [~Boise JUN -'6 200 City of Mericli ~ ~', City Clerk Offlc~ 'Rezone # Conditional Use # Preliminary / Final / Short Plat Eagle Garden City ,~r,,Meddian [~]Kuna I~]ACZ ~Star ~2. [~3. 1~4. 1~5. We have No Objections to this Proposal. We recommend Denial of this Proposal. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. We will require more data concerning soil conditions on this Proposal before we can comment. Before we can comment conceming individual sewage disposal, we will require more data conceming the depth of: [] high seasonal ground water I~ waste flow characteristics [] or bedrock from original grade I~l other This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ~10. [~11. [~12. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. After written approval from appropriate entities are submitted, we can approve this proposal for: [] central sewage ~ community sewage system I~ community waterwell ~ interim sewage r-I central water [] individual sewage I~l individual water The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: I~ central sewage I~ community sewage system [] community water [] sewage dry lines [~ central water Run-off is not to create a mosquito breeding problem. This Department would recommend deferral until high seasonal ground water can be determined if other consideraUons indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. [~13. We will require plans be submitted for a plan review for any: [] food establishment I~ swimming pools orspas [] beverage establishment [] grocery store [] child care center Date: ~/ /5/' /,~ m Reviewed By: ~ ,,~-~""~ ,,~,~-,~,'/ CDHD9~OI~ Review Sheet MAYOR Robert D. Corrie CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Tammy deWeerd Cherie McCandless HUB OF TR£ASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 887-'4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 · Fax 258-2501 PUBLIC WORKS (208) 898-5500 · Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING AND ZONING (208) 884-5533 · Fax 888-685.,t TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: Transmittal Date: File No.: Request: July 11, 2002 By: Location of Property or Project: May 29, 2002 Hearing Date: July 16, 2002 VAR 02-007 Request for Variance for reduced setback from ten feet to five feet on the side of home with a dormer on the second level -- 2641 E. Bernice Drive KW Homes Lot 28 Block 4 of Packard Estates No. 3, 2641 E. Bernice Drive David Zaremba, PIZ ~,, v,,.e. VAC, F~ Jerry Centers. P/Z ~ v,~, VAC r.P~ Leslie Mathes, P/Z ¢~, v~, VAC, ~) Keven Shreeve, P/Z ~, v,~, VA~ ~=~ Keith Borup, P/Z m~, v,~ v,~ r-~ Robert Corrie, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Chede McCandless, C/C Water Department Sewer Department Sanitary Service ~, v,~ v,~c, ~,) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department Meridian School District Meridian Post Office Ada County Highway District Community Planning Assoc. Central Distdct Health Narnpa Meddian Irdg. Distdct Settlers Irrigation District Idaho Power Co. ~-~,P~,~ U.S. West Intermountain Gas ~a,~, ~,~ Bureau of Reclamation Idaho Transportation Department Ada County YourConciseRe~rr~rks: ~ '~;5 ~/D~5 i0c°7/ RECEIVED JUN - 7 2002 City of Meridian City Clerk Office MAYOR Robert D. Come Y COUNCIL MEMBERS William L. M. Nary Keith Bird Tammy deWeerd Cherie McCand/ess HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 88%4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 · Fax 288-2501 PUBLIC WORKS (208) 898-5500 · Fax 88%1297 BUILDING DEPARTMENT (208) g87-2211. Fax 88% 1297 PLANNING AND ZONING (208) 884-5533 · Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: Transmittal Date: File No.: Request: July 11, 2002 By: Location of May 29, 2002 Hearing Date: July 16, 2002 VAR 02-007 Request for Variance for reduced setback from ten feet to five feet on the side of home with a dormer on the second level -- 2641 E. Bernice Drive KW Homes Property or Project: Lot 28 Block 4 of Packa~l Estates No. 3, 264t E. Bernice Drive David Zaremba, P/Z Jerry Centers, PIZ Leslie Mathes, P/Z Keven Shreeve, P/Z Keith Borup, P/Z Robert Corrie, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service ~v,, v~, Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department Your Concise Remarks: Meddian School District Meridian Post Office Ada County Highway District Community Planning Assoc. Central Distdct Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. U.S. West ~q.~,~ Intermountain Bureau of Reclamation Idaho Transportation Department Ada County RECE1V D NAY 31 2002 City of Meridian City Clerk Office MAY 3 0 2002 CITY OF MERID/AN WASTEWATER DEPT. RECEIVED JUN - 32002 City of Meridi.an City Clerk Off~ce 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX It 208-463-0092 May 31, 2002 Will Berg, City Clerk City of Meridian 33 East Idaho M~ridian, iD 83642 ........ ....... Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Re~ VAR 02-007 Variance Request for reduced setback for property located at 2641 E. Bernice Drive in Packard Estates Dear Commissioners: The pressure irrigation lines running thorough the above-mentioned proposed project must be protected. The Nampa & Meridian Irrigation District must have access to operate and maintain this pressure irrigation system. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IILRIGATION DISTRICT BH: dln C~ File- Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000