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HomeMy WebLinkAboutFindings MERIDIAN CITY COUNCIL. MEETING: June 3.1997 APPLICANT: WINNIE ARD ITEM NUMBER; 10 REQUEST: VARIANCE TO 1400 SQUARE FOOT HOUSE SIZE REQUIREMENT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING QIR~CTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS "REVIEWED" SEE ATTACHED COMMENTS ~~~ ~~~ ~~~~~ ~~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF WINNIE ARD FOR A VARIANCE FROM I1-2-411 D 1. WHICH REQUIRES A 1,400 SQUARE FOOT HOME IN THE R-4 ZONE FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on June 3, 1997, at .approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant appearing through her representative, John Vieweg, and the City ,Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing on June 3, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 3, 1997, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11- 9-612 B. l.b. of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. FINDINGS OF FACT AND CONCLUSIONS OF LAW VARIANCE REQUEST OF WINNIE ARD Page - 1 • • 3 . That 2-411 D, 1. , requires single-family homes in the R-4 zoning district to have a minimum of 1,400 square feet; that section reads, in part, as follows: 1. all new single-family detached housing in the R-4 District shall be constructed to contain at least one thousand four hundred (1, 400) ,square feet of living space (garage not to be included in determining living space). 4. That the property is zoned R-4 Residential and the description of that zone in 11-2-408 B, ZONING DISTRICTS, states as follows (R-4f Low Density Residential District - Only single-family dwellings shall be permitted and no conditional uses shall be permitted except .for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of low. density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the .City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-4) District allows for a maximum of four ( 4 ) dwelling units per acre and requires connection to the Municipal Water and Sewer .systems of the City of Meridian. 5. The Applicant is the owner of record of the property. 6. That the Applicant has requested that she be granted a variance from the above requirement and be allowed to have a home of 1,368 square feet rather than the required 1,400 square feet. 7. John Vieweg, the representative of the builder of the home, testified that the house plan that Mrs. Ard wanted would not fit on the lot. so they narrowed it down and moved a few lines around and tried to squeeze things to make it fit until she was satisfied with the house. He stated that he thought they ended up with pretty much the same square footage and-the discrepancy did FINDINGS OF FACT AND CONCLUSIONS OF LAW VARIANCE REQUEST OF WINNIE ARD Page - 2 • not come to anyone's attention until her appraiser, at closing, did some measuring and found out that they were about 30 to 40 feet short and a little bit below the 1,400 square feet. At that time Mrs. Ard approached us and we agreed to come before the Council and try to get the variance. Ae stated that they had talked to the developer who did not seem to have a problem with the variance and that they had met all of the requirements as far as public notice and sending out letters to all the adjoining property owners. Mr. Vieweg also testified that Mrs. Ard was the owner of record. 8 . Bric Thompson, an owner of a house and lot near Mrs . Ard, testified that his only concern with the variance was whether it would lower the value of homes around her home. He stated that he did not feel the variance was appropriate since the subdivision is a minimum of 1, 400 square feet subdivision and that there were some mistakes made but that he was looking at it from the cost or the value of the homes around it being depreciated. He also later testified thz~t he remembered when the house was being built and in the framing process, that they found out, and Mrs. Ard had noted, that there was a variance [requirement] at that time. 9. At the end of Mr. Vieweg's testimony he stated that it was prior to the house being completely completed when I was told that there was a variance someplace. 10. Councilman Morrow stated that it seemed like an honest mistake, that it was not discovered by the City's Building Department, that it was not found out by the architectural control FINDINGS OF FACT AND CONCLUSIONS OF LAW VARIANCE REQUEST OF WINNIE ARD Page - 3 • • committee, and that all of the fail safe stops that were in place, failed. He also stated that it would be a hardship to all parties to add an additional 32 feet onto this house, that the house was built to plans and specifications, and it was not discovered until the final appraisal that the house was only 1,368 square feet instead of the required 1,400 square feet. That it appeared that none of this hardship was caused by Mrs. Ard. 11. That the City has not received comments from the Ada County Highway District, the Planning Director, or City Engineer's Department and if they are received they shall be incorporated herein as if set forth in full. The Meridian Police Department, Fire Department and Sewer Department submitted comments but did not state that they had problems with the variance. 12. Also, the Central District Health Department and the Nampa & Meridian Irrigation District did not submit comments. 13. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-9-612 of the Subdivision and Development Ordinance; FINDINGS OF FACT AND CONCLUSIONS OF LAW VARIANCE REQUEST OF WINNIE ARD Page - 4 • that 11-9-612 B 1. a. states that the variance procedure shall follow requirements contained in 2-419. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Zoning Ordinance the Subdivision and Development Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the City Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provision of Section 11-9-612, Variances, of the Development Ordinance is noted which is pertinent to this Application: 11-9-612 A. 1. PURPOSE The Council, as a result of unique circumstances (such as topographic - physical limitations or a planned unit development), may grant variances from the provisions of this Ordinance on a finding that undue hardship results from the strict compliance with specific provisions or requirements of the Ordinance or that application of such provision or requirement is impracticable. 6. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: 11-9-612 A. 2. FINDINGS No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: FINDINGS OF FACT AND CONCLUSIONS OF LAW VARIANCE REQUEST OF WINNIE ARD Page - 5 • a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That the strict compliance with-the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions or other such conditions which are not self- inflicted, or that these conditions would result in inhibiting the achievement of the objectives of this Ordinance; c. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not violate the provisions of the Idaho Code; and e. That such variance will not have .the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. 7. That there does appear to be a benefit, profit, economic gain or convenience to the Applicant in that the Applicant would have to add an additional 32 square feet to the house. 8. That there was one person testifying at the public hearing, but he stated that his concern was the possible loss in value to the homes surrounding Mrs. Ard's home. 9. That regarding Section 11-6-612 A it is specifically concluded as follows: a. That there are no special circumstances or conditions affecting the property that the strict application of the provisions. of this Ordinance would clearly be unreasonable, but the Applicant is not the person or party that caused the lack of the required square footage. b. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the Applicant as a result of factors not self-inflicted. FINDINGS OF-FACT AND CONCLUSIONS OF LAW VARIANCE REQUEST OF WINNIE ARD Page - 6 s • c. That the granting of the specified variance would not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated. d. That if this variance were granted it would not mean that any other property or lots would have the ability to be able to reduce the size of the .homes constructed on them. 10. That it is concluded the Application should be granted and the variance would be in the best interests of the City. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopt and approves these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAICER) APPROVED:~~~`~~~ ~' VOTED r,~ VOTED % ~/~Z VOTED VOTEDG~~~ VOTED DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW VARIANCE REQUEST OF WINNIE ARD Page - 7 • DECISION Upon motion duly made .and seconded, the Application of WINNIE ARD for a variance from 11-2-411 D, 1. to have a 1,368 square foot home rather than the required 1,400 square feet, is hereby granted. APPROVED : ~'~~~~.'~-- DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW VARIANCE REQUEST OF WINNIE ARD Page - 8 MERIDIAN CITY COUNCIL MEETING: June 17.1997 APPLICANT: WINNIE ARD ITEM NUMBER; 4 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~~ ~ ~~~ J~ '1 ~ OTHER: COMMENTS i~ Pik' D~ VY All Materials presented at public meetings shall become property of the City of Meridian.