HomeMy WebLinkAboutMike Redden VAR 07-019BEFORE THE MERIDIAN CITY COUNCIL
C/C 02/19/08
iN THE MATTER OF THE REQUEST )
FOR VARIANCE FROM UDC TABLE )
11-2A-5 THAT REQUIRES A MINIMUM )
REAR YARD SETBACK OF 15 FEET TO )
BE REDUCED BY 2 FEET AND A )
MINIMUM STREET SETBACK OF 15 )
FEET TO BE REDUCED TO 12 FEET 1
Case No. VAR 07-019
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL
FOR 1
MIKE REDDEN )
1418 NORTH VINEYARDS AVENUE 1
APPLICANT )
The above entitled variance application having come on for public hearing on January
22, 2008, at the hour of 7:00 o'clock p.m. at Meridian City Hall, 33 East Idaho Avenue,
Meridian, Idaho. Anna Canning, Meridian Planning and Zoning Department, and Mike
Redden, appeared and testified, and the City Council having duly considered the evidence and
the record in this matter therefore make the following Findings of Fact and Conclusions of
Law, and Decision and Order:
FINDINGS OF FACT
The notice of public hearing on the application for annexation and zoning was
published for two (2) consecutive weeks prior to said public hearings scheduled for January 22,
2008, before the City Council, the first publication appearing and written notice having been
mailed to property owners or purchasers of record within three hundred (300') feet of the
FINDINGS OF FACT A1VD CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR
MIKE REDDEN; CASE NO. VAR 07-01'9
PAGE 1 OF 4
external boundaries of the property under consideration more than fifteen (15) days prior to
said hearings and with the notice of public hearings having been posted upon the property
under consideration more than one week before said hearing; and that copies of all notices
were made available to newspaper, radio and television stations as public service
announcements; and the matter having been duly considered by the City Council on January
22, 2008, public hearing; and the applicant, affected property owners, and government
subdivisions provided services within the planning jurisdiction of the City of Meridian, having
been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §§67-6509 and 67-6511, and §11-SA, Municipal Code of the City of Meridian.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all
current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian
adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the
Impact Area Boundary.
4. The property is generally located at 1418 North Vineyards Avenue, Meridian,
Idaho.
5. Mike Redden whose address is 1418 N. Vineyards Avenue, Idaho 83642, is the
current property owner and applicant.
6. The Applicant requests a variance from UDC 11-2A-5, which requires that a
minimum rear yard setback of 15 feet be reduced to 2 feet and a minimum street setback of 15
feet be reduced at 12 feet as otherwise required by City Code. The property which is the
subject of this application is within the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW ,AND DECISION AND ORDER OF DENIAL VARIANCE FOR
MIKE REDDEN; CASE NO. VAR 07-OI9
PAGE 2 OF 4
CONCLUSIONS OF LAW
The City of Meridian shall exercise the powers conferred upon it by the "Local
Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council shall apply the standards listed in Idaho Code §67-
6516 and all the findings listed in Section 11-SB-4.E of the UDC to review the variance
request. In order to grant a variance, the Council shall make the following findings:
a. The variance shall not grant a right or special privilege that is not otherwise
allowed in the district.
b. The variance relieves an undue hardship because of characteristics of the site.
c. The variance shall not be detrimental to the public health, safety and welfare.
Due consideration has been given to the comment(s) received from the
governmental subdivisions providing services in the City of Meridian planning jurisdiction.
4. That this denial is in accordance with the attached Staff Report for the hearing
date of January 22, 2008, incorporated by reference.
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:
That the application for annexation and zoning is denied for the following reasons:
The proposed variance request does not meet the burden as set forth in Idaho Code §67-
6516 and all the findings listed in Section 11-SB-4.E of the UDC. No undue hardship
due to the characteristics of the site would prevent the Applicant from meeting the
setback requirements.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR
MIKE REDDEN; CASE NO. VAR 07-0 t9
PAGE 3 OF 4
Q ti
By action of the City Council at its regular meeting held on the ~ -!~ day of February,
2008.
ROLL CALL:
COUNCILMAN KEITH BIRD VOTED v .~i
COUNCILMAN JOE BORTON VOTED ~,~g
COUNCILMAN CHARLIE ROUNTREE VOTED
COUNCILMAN DAVID ZAREMBA VOTED
.~--
MAYOR TAMMY de WEERD (TIE BREAKER) VOTED
DATED: ~ ~1~(ltlai,~o ~~
MOTION: APPROVED: _ ~ DISAPPROVED:
MAYOR T Y de WEERD
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ATTEST:
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CITY CLERK -~
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Copy served upon Applicant, the Planning and Zoning Department, Public Works Department,
and City Attorney.
By: ~ Dated: 2 - 2 5 -08
City Clerk's Office
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR
MIKE REDDEN; CASE NO. VAR 07-019
PAGE 4 OF 4