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HomeMy WebLinkAboutMinutes• Meridian City Council June 3, 1997 Page 13 ITEM #10: PUBLIC HEARING: REQUEST FOR A VARIANCE TO 1400 SQUARE FOOT HOUSE SIZE REQUIREMENT FOR 447 E. BALDWIN STREET, LOT 6, BLOCK 4 BEDFORD PLACE SUBDIVISION BY WINNIE ARD: Corrie: I will open the public hearing at this time and ask a representative of the request for variance here this evening. John Vewig, 11683 West Puritan, Boise, was sworn by the City Attorney. Vewig: Just a little history on the request, I represent the builder of the home in question. This request is being made in conjunction with the request by Mrs. Ard, she asked us to assist in trying to obtain the variance. The situation occurred basically because when we first starting meeting with Mrs. Ard and looking at the lot that she wanted to build on the house plan that she wanted to have built was a plan that we had would not fit on the lot. So we narrowed it down and moved a few lines around and tried to squeeze things to make things fit until she was satisfied with the house plan which she was. We thought we had ended up with pretty much the same square footage as when we started which was a 1400 square foot house. Proceeded to build the house and the discrepancy didn't come to anyone's attention until her appraiser at closing did some measuring and found out that we were about 30 or 40 feet I don't remember specifically what the number is but we were. just a little bit below the 1400 square foot mark. At that time Mrs. Ard approached us and we agreed to come before the Council and try to get the variance so that she would feel comfortable with the residence. We have talked to the developer who doesn't seem to have a problem with it and I believe we have met all of the requirements as far as public notice and sending letters out to all of the properties adjoining. So that is the basis of the request. Corrie: Any questions Council? Rountree: I have a question, I can understand why the developer wouldn't have any problem with it but is Mrs. Ard owner occupant or is there a contract for purchase or what is the status there? Vewig: She has purchased the home, she is the owner of record now. Corrie: Any further questions? Thank you, anyone else in the audience that would like to issue testimony on this variance request? Eric Thompson, 497 East Baldwin, Meridian, was sworn by the City Attorney. Thompson: I live two houses away from Winnie and my only concern for the variance would that lower the value of the homes around hers and would that open up the possibility of other homes within the subdivision that are coming up to say well I didn't quite make the minimum requirements can we get a variance also. That would be my only concern. I personally don't feel that is appropriate, the subdivision is a 1400 square • Meridian City Council June 3, 1997 Page 14 • foot minimum. I feel that there Welue the homes around it be ngtdepre ated without looking at it from the cost or the va (inaudible). Corrie: Eric I appreciate your concern, any questions of the Council? Morrow: I think a response to you would be that as near as I have interpreted this Mrs. Ard is the one that found the mistake and asked for it to be rectified by asking for the variance. It certainly didn't have to come forward, it seems like it is an honest mistake. With respect to devaluing your house, the answer to that is no, appraisals are based on market supply and demand factors those things move up and down with the market. Typically they are appraised at a dollar amount per square foot. Your house was 1450 square foot and the going rate per square foot yours would be still worth the $80 and have more gross value, hers would be worth $80 and have a lesser amount of value. So no it won't impact the value of your homes. With respect to the last issue is this is an isolated case where there was a variance found after the fact, it was not found by our building department in terms of size of the house. It wasn't found by the developer, it was not found by the architectural control committee for the subdivision. It was found by an appraiser at financing and apparently was confirmed through the builder and through Mrs. Ard that it was in fact incorrect. So at that juncture all of the fail safe stops that were in place failed. So we have methods by which to make sure it doesn't' happen and somehow it happened. Had it not been for her honest intentions none of us would have ever known including those of your in the subdivision. So I think the answer is we try very hard as a City and Gary's department and Shari's department do a heck of a job to make sure that these things don't happen and once in awhile they do. So no we would not as a Council look favorably upon somebody coming up and saying I want to down size (inaudible) buyer beware, it is 1400 square foot minimum and that is what the subdivision was approved under as by us as a Council and so that is what will be required. Thompson: I remember when the house was being built that when it was in the framing process they found out at that time because I was already moved in and she had come down that they realized there was a variance there when it was in the framing stage or shortly thereafter because she was d ed that there was a variance at (that timeo~ and talked to her. She sard that she had not Morrow: A variance to the square footage? Thompson: Yes, that is what my concern was at. It was prior to the house being completely completed when I was told that there was a variance someplace. Morrow: According to our information~ies to addtansadditional 32 square feetonto tthis 1996, it would be a hardship to all part house. Item 15, this house was built according to the plans and specs and it was not discovered until the final appraisal that the house was 1368 square feet instead of the Meridian City Council • • June 3, 1997 Page 15 required 1400 square feet. Item 16, all plans and specs indicated that the house was going to be 1400 square feet, when it was completed and the final appraisal was done the inspector measured the entire house and at the time discovered that the house was 32 square feet short of a planned 1400 square foot home. That is really all that we have (inaudible). Thompson: That is neither here nor there, that was my main concern was would it do anything to the value of our home. Corrie: Thank you Eric, anybody else from the public that would like to issue testimony at this time? Council, discussion or questions of staff? Morrow: Mr. Mayor, I guess my only comment here is that based on the information that we have been given by Mrs. Ard it seems to me that it does constitute a hardship and it was a question where none of this was caused by her. The bottom line is the builder is having a tough time with the tape measure and calculating square footage which t am sure will never happen again. So that being the case I don't have a problem with this variance. Rountree: I just have a question for Mr. Morrow that at the issuance of a building permit the plans are reviewed and the square footages are rough checked and we are a party to this as well. Corrie: With that comment I will close the public hearing, Council your decision? Bentley: Mr. Mayor, I would move that we instruct the City Attorney to prepare findings for a variance for Winnie Ard for 447 E. Baldwin Street, Lot 6, block 4 Bedford Place. Morrow: Second Corrie: Motion made by Mr. Bentley, second by Mr. Morrow to ask for findings of fact and conclusions of law be drawn up by the City Attorney, any further discussion? All those in favor? Opposed? MOTION CARRIED: AlI Yea ITEM #11: TIME EXTENSION ON RECORDING FINAL PLAT FOR PACKARD SUBDIVISION NO. 1 PHASE 1: Corrie: Is there any representative from Packard here to give us some information on this extension? Shari? Stiles: Mr. Mayor and Council they have made the request for an extension for the ordinance they are allowed a one time extension on recording a final plat. They are required to record the final plat within one year of the approval and that will be in June. I t Meridian City Council June 17, 1997 Page 6 Rountree: Certainly, I a sense you stated so I won't restate it so I will move that. Tolsma: Second Morrow: tt has been moved and seconded to table the preliminary plat for Packard Subdivision No. 2 by PNE/Edmonds Construction .for the final time to July 1. In the interim there be a mandatory meeting set between members of our staff representative from PNE/Edmonds to iron out the technical issues and for each to come to the meeting prepared with the information that has been missing or to resolve the conflict over what is missing and what isn't missing, all those in favor? Opposed? MOTION CARRIED: All Yea Morrow: Mr. Tealey. Ms. Stiles will notify you of the date and the time of that meeting, please be prepared with anything that you need to resolve the final issues. In the interim Mr. Crookston, for our next meeting you will have prepared a corrected annexation ordinance so that we can correct flaw and proceed forward. Crookston: As soon as I get the legal description for the corrected (Inaudible) Morrow: It will be up to Mr. Tealey to review and respond to the City and if the problem is within the City then we will find out where it is and resolve it from within the city. Tealey: The motion is exactly what I was going to ask for, the only communication we get between the staff and ourselves is at these meetings and we just can't come together on it because we don't know what the questions are going to be. Thank you for mandating the meeting. (Inaudible) Morrow. Well I think you can certainly be there to observe, it is not a meeting where there is testimony taken. It is a technical meeting in terms of ironing out the issues such as legal descriptions and those types of things. Then at our next meeting we will bring it off the table and then deal with that as a Mayor and a Council at that time. (Inaudible) Morrow: It will be a meeting that you cannot participate in but you can observe because it is not a publicly noticed meeting. ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY WINNIE ARD: Meridian City Council June 17, 1997 Page 7 Tolsma: Mr. President, I would move that we accept the findings of fact and conclusions of law as prepared for the variance request for Winnie Ard. Rountree: Second Morrow: It has been moved and seconded to accept the findings of fact as prepared for us for the variance requested by Winnie Ard, roll call vote. ROLL CALL VOTE: Bentley -Yea, Rountree -Yea, Tolsma Yea MOTION CARRIED: All Yea Morrow: Is there a motion for the decision? Tolsma: Mr. President upon motion dully made and seconded the application of Winnie Ard for a variance from 11-2-411 D1 to have a 1368 square foot home rather than a required 1400 square feet is hereby approved by the Council. Rountree: Second Morrow: It has been moved and seconded to approve the application for Winnie Ard for the variance from 11-2-411 D1 to have a 1368 square foot home rather than the required 1400 square foot home, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: PUBLIC HEARING: REQUEST FOR A VARIANCE FOR REDUCTION OF THE FRONT AND SIDE STREET SETBACK BY A'a LLC: Roger Smith, 870 N. Linder Road Suite B, Meridian, was sworn by the City Attorney. Smith: Good Evening Council members, I would just like to summarize .what our request is and what it is based upon: We recently went through the conditional use process to annex and rezone the parcel at the comer of Franklin and Eagle Road. It is on the southwest corner to Limited Office. The setbacks for that zone are 30 feet on the front setback and 25 feet on the side street setback. Because of some, because of a variety of changes and ironing out the right of way issues for future traffic plans we requested, we are requesting a reduction of the setbacks to 20 feet on each side. Currently the prior to annexation and obviously this hasn't occurred yet from the highway district standpoint and the State Transportation Department's standpoint, but the Eagle Road right of way is 70 feet from centerline currently. As a condition of our project and based upon this future urban interchange that is planned for that intersection and the traffic plan for the year 2015 we are looking at 113 foot right of way from the centerline of Eagle Road. On Franklin Road the right of way is actually 40 currently which was just finally resolved through a boundary survey. The highway