HomeMy WebLinkAboutFindingsBJuly 2, 2004 VAR 04-004
MERIDIAN CITY COUNCIL MEETING July 6, 2004
APPLICANT Capital Development/Capital Homes ITEM NO.
REQUEST Public Hearing: Variance to allow a reduction from the required 5-foot interior side
lot setback to 4-foot on the west side of Lot 6, Block 11 for Baldwin Park Sub. No. 5 -
1127 W. Great Basin Drive
AGENCY
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Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
BUILDING DEPT:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: G11~
COMMENTS
See attached Comments
No Comment
See attached Comments
VAR 04-004
MERIDIAN CITY COUNCIL MEETING ~Uly 6, 2004
APPLICANT Capital Development/Capital Homes ITEM NO.
REQUEST Public Hearing: Variance to allow a reduction from the required 5-foot interior side
lot setback to 4-foot on the west side of Lot 6, Block 11 for Baldwin Park Sub. No. 5 -
1127 W. Great Basin Drive
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted: Date: Phone:
Emailed: Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
MAYOR -~i~i_~ ( '~~
Tammy de Weerd v ((„
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CTI'YCOUNCILMEMBERS ~Jf~ ~/J ~"'~~ ~~/„ /''1CJ~
Keith Bird V ! ~~~~/ ~ ~ (S! lJ _ f
William L.M. Nary vv~` LDAHO
Shaun Wardle ~ ~ ~^~~ lQ ` /~
Charles M. Rountree y~, ' l 'p~J) vn`(/`
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MEMORANDUM: ~~ C ~1 ~~ J ~~uly 5, 2004
To: Mayor and City Council JUL q ~ 2004
From: Craig Hood, Associate City Planner L -~ City Of 11~leridi;~.a
City Clerk Office
Re: Request for a Variance from Meridian City Code (MCC) 11-9-1 (Minimum Yard
Setback Requirements), to Allow for a Reduction of the Side Building
Setback from Five Feet (5') to Four Feet (4') at 1127 W. Great Basin Drive
(Lot 6, Block 11, Baldwin Park Subdivision #5) by Capital
DevelopmentlCapital Homes (File No. VAR-04-004).
The Planning and Zoning staff has reviewed the Applicant's submittal, and we offer the
following comments and recommendations:
APPLICATION SUMMARY
The Applicant, Capital Development, Inc., has asked for a variance from Meridian City Code
(MCC) 11-9-1 (Minimum Yard Setback Requirements) to allow for a reduction of the side
building setback from five feet (5') to four feet (4').
The Applicant is seeking the request because the footings are already in and the home has been
started. Further, moving or rebuilding the home would be very difficult (see Applicant's letter).
The "planned" and "as built" site plans show that the structure could have met all required
setbacks if constructed in the proper location. Unfortunately, the footings were installed and
construction began in the wrong location. There are approximately 18-feet of the building that
project into the side setback. This encroachment, at its greatest width, is approximately 10
inches.
As of the print deadline for this report, no complaints have been received by the City from
nearby property owners regarding the requested variance.
LOCATION
e~~e Applicant's property is located at 1127 W. Great Basin Drive.
SURROUNDING PROPERTIES
Page 2
North -Single-family lot, Baldwin Park Subdivision, zoned R-8.
South -Single-family lot, Baldwin Park Subdivision, zoned R-8.
East -Single-family lot, Baldwin Park Subdivision, zoned R-8.
West -Single-family lot, Baldwin Park Subdivision, zoned R-8.
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 (MCC11-18-3), all of which must be determined 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;
Staff has worked with the Applicant on trying to bring this site into conformance without
a variance, but was unable to do so. The Applicant has also looked into purchasing
additional property from the lot to the west, but this house has also begun construction
and is at the minimum side setback. Therefore, there is no "extra" property to spare to
the west, so a lot line adjustment will not solve the situation. Although it is an
unfortunate situation, staff finds that there are special circumstances or conditions
affecting the property that make the strict application of the provisions of this title
clearly impracticable or unreasonable.
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;
Staff does not believe that strict compliance with the 5-foot setback will result in an
extraordinary hardship to the owner, subdivider or developer because of unusual
topography, the nature or condition of adjacent development, or other physical
conditions. However, staff does believe that enforcing the required 5-foot side setback
will inhibit (slow down) the construction of asingle-family home on the lot because at
least a portion of the house will have to be removed and reconstructed.
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;
If the Building Department and Fire Department do not object to the 4-foot setback (9-
feet between structures), staff finds that the requested variance will not be detrimental to
the public's welfare or injurious to other properties in the area.
The City Council should rely on any public testimony offered concerning whether or not
the surrounding property owners feel that the requested variance will be detrimental to
their properties/safety.
VAR-04-004 Lot 6, Block 11, Baldwin Park No. 5
Page 3
D. 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 the requested variance will not have the effect of altering
the purpose and interest of the Zoning Ordinance.
STAFF RECOMMENDATION
Staff was unable to make all of the required findings listed above. Although this is an
unfortunate situation, with unfortunate circumstances (see Applicant's letter), staff recommends
denial of the requested variance.
VAR-04-004 Lot 6, Block 11, Baldwin Park No. 5