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HomeMy WebLinkAboutKW Homes VAR 02-007interoffice MEMORANDUM To: From: Subject: Date: William G. Berg, Jr., } Wm. F. Nichols~ Kent Wang KW HOMES/VAR-02-007) July 23, 2002 RECEIVED ~" ~ 2002 GIYY OF MERIDIAN Will: Pertaining to the above file, please find attached the original FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION DENYING VARIANCE request for Kent Wang KW HOMES for the property located at 2641 East Bernice Drive, Meridian, Idaho. This matter is to be heard at the Council meeting on August 6, 2002. If you have any questions please advise. Z:\Work\M\Meridian\Meridian 15360M\KW Homes VAR-02-007\BergVAR02007.doc Ey/Z:\WORK\M\MERIDIAN\MERIDIAN 1536oM\Krw HOMES VAR-o2-oo7\BERGVARO2OO7.DOC BEFORE THE MERIDIAN CITY COUNCIL C/C 07-16-02 IN THE MATTER OF THE ) APPLICATION OF KW HOMES ) REQUEST FOR VARIANCE FOR ) REDUCED SETBACK FROM TEN ) FEET TO FIVE FEET ON THE SIDE ) OF A HOME WITH A DORMER ON ) THE SECOND LEVEL, IN AN R-4 ) ZONE, LOCATED ON LOT 28 ) BLOCK 4 OF PACKARD ESTATES ) NO, 3 - 2641 EAST BERNICE DRIVE, ) MERIDIAN, IDAHO ) CASE NO. VAR-02-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION DENYING VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on July 16, 2002, and Shari Stiles, Planning and Zoning Administrator, and Kent Wang, 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: STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: Judicial Notice: The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION DENYING VARIANCE / KW HOMES / (VAR-02-007) Page 1 of 7 1. The City of Meridian has authority pursuant to the enactment of the "Local Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code and in particular in § 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has duly 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 findings 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION DENYING VARIANCE / KW HOMES / (VAR-02-007) Page 2 of 7 variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, § 11-18-3 FINDINGS, and in the R-4 zone, which provides as follows: 11-18-3 FINDINGS: 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. 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. C. 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. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan. STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. The applicant, Kent Wang of KW HOMES, and owner of the property at the time of building the house located on Lot 28 Block 4 of Packard Estates No. 3, 2641 East Bernice Drive, Meridian, Idaho filed for a variance from the requirements of Meridian City Code at § 11- 9 1 (Setbacks) in order to reduce the setback from ten feet to five feet on the side of the home with a dormer on the second level, and which house is already completed and sold. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / KW HOMES / (VAR-02-007) Page 3 of 7 2. Applicant, Kent Wang KW HOMES, seeks a variance of the setback requirements because the dormer was not included on the approved set of drawings and was an addition made in the field without plan review approval. 3. The location of the subject property is located in a Low Density Residential District (R-4) at 2641 East Bernice Drive, Meridian, Idaho. 4. The legal description of the property appertains to the real property that is included within the Vicinity Map as appears in the record of proceeds of this matter, and which legal description is on file in the City Clerk's office at Meridian City Hall. 5. The original approved construction plans for the home did not include the dormer as it is now built. The purchase of the five-foot strip of land adjacent to the dormer side of the home was not recorded by the applicant after the land was purchased. CONCLUSIONS OF LAW 1. It is found 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. 2. It is found that, as noted above, all of the problems associated with this application are not derived from anything other than the applicant's omissions and mistakes. The circumstances giving rise to the request are not due to unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that existed prior to the construction of the subject home. 3. It is found that the issuance of a variance for the dormer (second story) will have FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION DENYING VARIANCE / KW HOMES / (VAR-02-007) Page 4 of 7 the effect of altering the purpose and interest of the Zoning Ordinance. It is found that mistakes and omissions are not justification for the issuance of a variance. 4. Pursuant to the staff testimony and action of the City Council at their July 16, meeting, that the request for variance should be denied because no facts exist which satisfy the requirements of MCC 11-18-3 and MCC 11-9-1. 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. Pursuant to MCC §§ 11-18-3 and 11-9-1, which provides for a ten-foot setback requirement, and because there are no special circumstances affecting the property that would make the strict application of the setback ordinance impracticable or unreasonable, and because there are no specific circumstances and conditions that make strict compliance to MCC 11-9-1 unreasonable, or that the conditions and requirements of this Title would result in inhibiting the achievements or objectives of the Zoning Ordinance and Setback Ordinance, the Applicant is hereby denied the setback variance as per the decision of the City Council at their July 16, 2002, meeting, for the real property located at 2641 East Bernice Drive, Meridian, Idaho. NOTICE OF FINAL ACTION 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 a variance authorizing a setback variance o£ MCC § 11-9-1, as provided for in MMC § 11-18-3, and may within twenty- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION DENYING VARIANCE / KW HOMES / (VAR-02-007) Page 5 of 7 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 ,2002. ROLL CALL: COUNCILMAN KEITH BIRD VOTED COUNCILWOMAN TAMMY deWEERD VOTED COUNCILWOMAN CHERIE McCANDLESS VOTED COUNCILMAN WM. L.M. NARY VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: VOTED MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. By: Dated: City Clerk Z:\Work\M\Meridian\Meridian 15360M\KW Homes VAR-02-007\FfClsDenyVariance.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / KW HOMES / (VAR-02-007) Page 6 of 7