Findings~ w
March 31, 2000
VAR 00-004
MERIDIAN CITY COUNCIL MEETING April 4, 2000
APPLICANT SARAH AND MICHAEL BLEDSOE ITEM NO. 1,8~(
REQUEST VARIANCE IN THE REQUIREMENTS OF HOOK-UP TO CITY SERVICES
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
"REVIEWED"
SEE ATTACHED
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER•
"NO REMARKS"
SEE ATTACHED
SEE ATTACHED U
"NO COMMENT"
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Materials presented at public meetings shall become property of the City of Meridian.
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BEFORE THE MERIDIAN CITY COUNCIL
1 :J:~ a ,.. ~,.~.~
CITY OF MERIDIAN
CITY CLERK OFFICE
IN THE MATTER OF THE
APPLICATION OF SARAH AND
MICHAEL BLEDSOE FOR A
VARIANCE TO ALLOW
EXCEPTION TO CITY
ORDINANCE REQUIRING
HOOKUP TO CITY WATER AND
SEWER, 2850 NORTH OLD
STONE WAY, MERIDIAN, IDAHO
VAR-00-004
FaE tort
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF DECISION
GRANTING A VARIANCE
The above entitled matter coming on regularly for public hearing before the City
Council on Apri14, 2000, and Brad Hawkins-Clarlc, Assistant Planner for the Planning and
Zoning Department, appeared and commented at the hearing, and appearing on behalf of
the Applicants was Niclc Voth from Southern Idaho Builders, Inc., who appeared and
testified, and no one appeared in opposition, 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:
FINDINGS OF FACT
1. The City Council takes judicial notice of its Zoning, Subdivisions and
Development Ordinances codified at Title 11 Municipal Code of the City of Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 8
ORDER OF DECISION GRANTING AVARIANCE /
SARAH AND MICHAEL BLEDSOE (VAR-00-004)
4. •
and all current zoning maps thereof and the Comprehensive Plan of the City of
Meridian adopted December 21, 1993 Ordinance #629 -January 4, 1994 and Maps.
2. The notice requirements of Idaho Code §§ 67-6509, 6516 and § 11-18-3
as evidenced in the record of this matter have been met.
3. The Applicant is Sarah and Michael Bledsoe, 2850 North Old Stone
Way, Meridian, Idaho.
4. The location of the subject real property is south of Ustick Road between
Linder Road and Ten Mile Road, Meridian, Idaho.
5. 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,
as described in Exhibit "A" attached hereto as if set forth in full hereat.
6. The present land use of subject property is presently zoned as (R-4) Low
Density Residential.
7. The proposed land use of subject property is to develop the subject
property in the following manner: The Applicants intend to add on to their house to
provide housing for the care of parents.
8. The Applicant seeks a variance from the following provisions of the Meridian
City Code, § 9-1-4 A USE OF CITY WATER REQUIRED and § 9-4-8 A and B
REQUIRED USE OF SEWERS, which provides for "connection to City water and sewer
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 8
ORDER OF DECISION GRANTING AVARIANCE /
SARAH AND MICHAEL BLEDSOE (VAR-00-004)
• !
if property is abutting on or having a permanent right of access to any street, alley or right
of way in which there is located a public water or sewer of the City ... ."
9. The characteristics of the subject property which prevent compliance with
the requirements of the Ordinance are that the property is approximately 405 lineal feet
from the sewer stub at the street that borders their easement/driveway. In order to achieve
the required rate of fall per foot specified by the Building Code, Applicants would have to
dig to the sewer main in the middle of the street.
10. The minimum requirement of the Ordinance that would need to be reduced
to permit the proposed use would be the exception to the requirement of connecting to
water and sewer in order for Applicant to obtain a building permit for their proposed
addition.
11. The difficulty or hardship which would result if requirements of the
Ordinance were applied to the subject property are addressed in a letter from Nick Voth
/ CEO of Southern Idaho Builders, Inc., and attached hereto as Exhibit "B".
12. The unusual or peculiar circumstances which indicate that regulations of the
Ordinance should not be strictly compiled with, is that, the subject property and house has
its own artesian well and septic system. There are no problems with the well or sewer
system. Flow rate of the well is more than adequate for current and proposed use; water
is lab tested at least yearly and septic is pumped every three years, or sooner if needed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 8
ORDER OF DECISION GRANTING AVARIANCE /
SARAH AND MICHAEL BLEDSOE (VAR-00-004)
•
The septic was pumped the fall of 1999, just prior to the Applicants purchase of the
property. There will be no additional water usage or sewage production with proposed use
as the parents are presently living with the Applicants. The proposed addition would add
a more appropriate and private area in which Applicants' mother can be cared for.
13. Special conditions and circumstances which exist pertain to the Applicants
easement which is narrow and there is a slight slope to the sewer stub, as is addressed in
the letter marked Exhibit "B". To meet City Code would require excessive expense and
to no benefit. The existing water and sewer system is preferred by the Applicants.
14. A literal interpretation of the provisions of the Ordinance addresses the fact
that the new addition will not change the use of the property. The City did not require
the previous owners to connect when the sewer lines were laid. Applicants desire the same
rights enjoyed by the previous owners.
15. The special conditions or circumstances exist that were not a result of the
Applicant's action are that the property existed prior to sewer availability. Applicants
purchased the property in "good faith" partly for the artesian well and septic system. The
previous owners were not required to connect to City systems, and the use of the property
will not change.
16. The variance requested comes from the fact that the Applicants did not
request a change, as they desire to remain the same. The variance is not profit oriented,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 8
ORDER OF DECISION GRANTING AVARIANCE /
SARAH AND MICHAEL BLEDSOE (VAR-00-004)
•
it is due to practicality.
17. The granting of the requested variance will not be detrimental to the public's
welfare or injurious to other property in the area.
18. The granting of this variance will not have an effect of altering the interest
and purpose of the City's Comprehensive Plan.
19. The applicant paid the fee established by the City Council for application
variance.
20. The Applicant is required to obtain approval by the Central District Health
Department.
CONCLUSIONS OF LAW
1. The City of Meridian has authority pursuant to .the enactment of the Local
Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the
provisions of Idaho Code § 67-6516 to provide as part of its zoning ordinance for the
process of applications for variance permits
2. The City of Meridian-has 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 § 11-2-419 of the Municipal Code of the City of Meridian.
3. That the requirements for the processing of a variance request are set forth
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 8
ORDER OF DECISION GRANTING AVARIANCE /
SARAH AND MICHAEL BLEDSOE (VAR-00-004)
s ~
in Idaho Code §§ 67-6509, 6516 and §§ 11-18-2 through 11-18-5 Municipal Code of the
City of Meridian.
4. Application and standards for variances are set forth in § 11-18-2 Municipal
Code of the City of Meridian, and the Findings which are required are set forth in § 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 variance will not have the effect of
altering the interest and purposes of the Zoning and Development Ordinance and the
Meridian Comprehensive Plan.
5. The provisions of the Meridian City Code, § 9-1-4 A USE OF CITY WATER
REQUIRED and § 9-4-8 A and B REQUIRED USE OF SEWERS, which provides for
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 8
ORDER OF DECISION GRANTING AVARIANCE /
SARAH AND MICHAEL BLEDSOE (UAR-00-004)
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"connection to City water and sewer if property is abutting on or having a permanent right
of access to any street, alley or right of way in which there is located a public water or
sewer of the City ... ."
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. The Applicant is hereby granted a variance of the provisions of the Meridian
City Code, § 9-1-4 and § 9-4-8 A and B for the real property described in the attached
Exhibit "A", subject to approval by the Central District Health Department.
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 variance of the Meridian City Code, § 9-1-4 and § 9-
4-8 A and B, and may within twenty-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 [ v - day of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 8
ORDER OF DECISION GRANTING AVARIANCE /
SARAH AND MICHAEL BLEDSOE (VAR-00-004)
•
_ ~~~~ , 2000.
ROLL CALL:
COUNCILMAN RON ANDERSON
COUNCILMAN KEITH BIRD
COUNCILPERSON TAMMY deWEERD
COUNCILPERSON CHERIE McCANDLESS
•
VOTED ~'v ~~~
VOTED "~`~`"
VOTED_ '~~`~
VOTED--~~u.•
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: ~~/~' ---OGa
MOTION: APPROVED: DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and the City Attorney office.
By. ti-- Dated
ity Clerk
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msg/Z:\Work\M\Meridian 15360M\Bledsoe VAR in Hookup to City Services\FfGlsGrantVariance
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 8
ORDER OF DECISION GRANTING AVARIANCE /
SARAH AND MICHAEL BLEDSOE (VAR-00-004)
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A Pioneer Company
~~~} . '~~ PIONEER TITLE COMPANY
OF ADA COUNTY
8151 W. Rifleman Ave /Boise, Idaho 83704 / (208) 377-2700
WARRANTY DEED
For Value Received
CORY M. SWAIN and LORI LYNN SWAIN, husband and wife
hereinafter referred to az Grantor, does hereby grant, bargain, sell, and convey unto
MICHAEL A. BLEDSOE and SARAH A. BLEDSOE, husband and wife
~ hereinafter referred to az Grantee, whose current address is
2850 N. OLD STONE WAY, MERIDIAN, ID 83642
the following described premises, [o-wit:
SEE EXHIBIT "A", ATTACHED HERETO AND MADE A PART THEREOF, SY REFERENCE AIdD
WHICH IS COMPRISED OF ONE (1) PAGE.
To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs and
assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the
owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes,
levies, and assessments, and except U.S. Patent reservations, restrictions, casements of record, and easements
visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever.
STATE OF IDAHO )
ss.
COUNTY OF ADA )
On This 28TH day of OCTOBER, in the year 1999, before me, a Notary Public in and for said State,
personally appeared CORY M. SWAIN AND LORI LYNN SWAIN, known or identified to me to be the
person(s) whose name(s) are subscribed to the within Instrument, and acknowledged to me that they execu[ed the
same. ----7 ~,.
." rr_ Notary Public of Ida}to
~'`_,`~.~ ~e Residing at Boise, Idaho
l,gl,},~ Commission expires: 02.02.2002
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"pile Number: P185010
SCHEDULE C
The land referred to in this Commitment is described as follows:
THE FOLLOWING AFFECTS PARCEL I:
BEGINNING AT THE NORTHEAST.CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, THE
REAL POINT OF BEGINNING. THENCE WEST ALONG THE NORTH BOUNDARY OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 2, A DISTANCE OF
1285 FEET TO A POINT THENCE SOUTH-339 FEET TO A POINT; THENCE
EAST PARALLEL TO THE NORTH BOUNDARY OF THE SOUTHEAST. QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 2, A DISTANCE OF 1285 FEET TO A POINT
ON THE EAST BOUNDARY OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER
OF SAID SECTION 2; THENCE
NORTH 339 FEET ALONG THE EAST BOUNDARY OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 2 TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION CONVEYED TO GEALY-JOHNSON PARTNERSHIP BY DEED RECORDED
SEPTEMBER 15, 1986 UNDER INSTRUMENT N0. 8654420, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
A PARCEL OF AND BEING A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA
COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE IRON PIN MARKING THE NORTH ONE-QUARTER CORNER OF THE SAID
SECTION 2; THENCE
SOUTH 00 DEGREES 15' 38" WEST 1367.81 FEET ALONG THE EASTERLY BOUNDARY OF
THE SAID NORTHWEST QUARTER OF SECTION 2 TO A POINT MARKING THE NORTHEAST
CORNER OF THE SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2;
THENCE;
NORTH 89 DEGREES 17' 16" WEST 350.00 FEET ALONG THE NORTHERLY BOUNDARY OF
THE SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2 TO A
POINT, ALSO SAID POINT BEING THE REAL POINT OF BEGINNING; THENCE
CONTINUING NORTH 89 DEGREES 17' 16" WEST 935.00 FEET ALONG THE SAID
NORTHERLY BOUNDARY OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 2 TO A POINT; THENCE
SOUTH 00 DEGREES 15' 38" WEST 339.00 FEET ALONG A LINE WESTERLY OF AND
PARALLEL WITH .THE EASTERLY BOUNDARY OF THE SAID SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 2 TO A POINT; THENCE
SOUTH 89 DEGREES 17' 16' EAST 1121.02 FEET ALONG A LINE SOUTHERLY OF AND
PARALLEL WITH THE SAID NORTHERLY BOUNDARY OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER-'OF`"SECTION 2 TO A POINT; THENCE
NORTH 28 DEGREES 23' 19" WEST 387.96 FEET TO THE POINT OF BEGINNING.
THE FOLLOWING AFFECTS PARCEL II:
LOT 7 IN BLOCK 8 OF FIELDSTONE MEADOWS SUBDIVISION N0. 5 ACCORDING TO THE
OFFICIAL PLAT THEREOF, FILED IN BOOK 74 OF PLATS AT PAGES 7614 AND 7615,
RECORDS OF ADA COUNTY, IDAHO.
END OF LEGAL DESCRIPTION
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To ~~11om 1 iviav Concern:
~e10~' 1S ar: °SL11T,aIC Ior hook-L1D to ?~'I°r1Qia.^. ~,lt~" SetivCr IOr 1v11C1'ia°i any J2r~i'? n1PQSC=.
Tile diSLanC~ from tllelr exlStmg Sealer pipe t0 t'11e Sewer STUB at t11° Strom°L 1~
DrOlimaL: ~ `~` f 1 v ~ ~C~~
a~ ~! ~~l_. llneal feet. TO aCnle~'e L:'ie reOUlr~°.d rat.°. 0 Ia 1 F r IO.Ii ,. Illed "s"
til° bu1lalIIc COQ.° eve will 'nave t0 dlg LG the S.'.wer main 1P. ti'1° mlddi° O tll° Str°., _. i Illy
in turn drT:ves t:le cos: and 'riaSSle conslderabl~ Nigher. Two Oti"1er faCLOrS ralSinc th° C.^,S:
In L11iS SltLiaLl0n are T.ne I'iaii0w eaSem°n~lane and the aent'r. o. s°~~-c_ llne. _ ~ i-~ -
~:1~ °JL.11ia L~
D°l'l`C" .°Il°CL~ l COSL~ r°~Uli°C Lo 1nS~31 tll~ ,~°Goe_ llne LO Dtill('.ine ~,OQ° S~_..__.CcLl'.~i._
any reLUrI: Lile =.ii°USO~~= DrOD~"~" iC ILS O~~ln~:~ COIl0IL10r:.
E c ~,rTV+ ~ ='~ .
St:i:l cad°_ w~00.00
Dump 'fruc% S:.~o0.00
Back Hce Si.220.00
T rench Box Rental 500.00
Sewer Fipe (Schedule 40) 500.00
Sewer Fittings 520.00
Water i,ine and Fittings (200psi) 5~~0.00
Boxes for sewer clean-outs 537.00
3/~ Chip Gravel for bedding sewer pipe 5300.00
'/4 Road Mix for drive repair 5270.00
Fit Run for drive repair 5260.00
Sand for filling Septic Tank 51'x.00
Inspection Fees 51 X0.00
Sod Replacement 500.00
Sprinkler Repair 53 X0.00
Tree and Shrub Removal 5340.00
Tree and Shrub Re~iacement 580.00
Saw cut Road and Sidewalk 53?~.00
Digging and 'haul-off of road debris 51,000.00
Gravel and compaction of read base S~,200.00
:asphalt Patching and concrete for walk 51,02.00
Rental of balLicades and blocking of street
v 537.00
Total 518.19.00
Nick Voth /CEO ~~ , ~~
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