HomeMy WebLinkAboutMay 6, 2008 C/C MinutesMeridian City Council
May 6, 2008
Page 20 of 74
Siddoway: Actually, it's very interesting. It's a new class this year and it's one that filled
up the fastest. I believe there is already a waiting list for it.
De Weerd: Well, you know, I have used worm composting in the past in our vegetable
garden and it is -- it is very good composting material. It sounds pretty weird, though.
Admittedly. I don't want to know how it's made. Thank you. Okay.
Zaremba: Madam Mayor'?
De Weerd: Yes.
Zaremba: I move that we adopt and approve the 2008 Parks and Recreation fees.
Bird: And bring back an ordinance.
Rountree: Bring back a resolution.
Bird: Resolution.
Zaremba: That was necessary and that we have an ordinance on our next regular
meeting agenda, which would be two weeks from now.
Bird: It's a resolution or an ordinance?
Nary: Resolution.
Bird: Resolution.
Rountree: It's a resolution.
Borton: Second.
De Weerd: Okay. I have a motion and a second to request a resolution in adopting
these Parks and Recreation fees. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 13: Continued Public Hearing from April 15, 2008: TE 08-003 Request for
approval of an 18-month Time Extension to obtain the City Engineer's
signature on the Final Plat and commence the use in accordance with the
conditions of approval of AZ 05-016, PP 05-023, CUP 05-024, FP 06-011,
PS 07-003 and TE 07-004 for Umbria Subdivision (aka Silver Oaks) by
Ten Mile Development, LLC - north side of West Franklin Road,
approximately'/ mile west of North Ten Mile Road:
Meridian City Council
May 6, 2008
Page 21 of 74
De Weerd: Okay. Item 13 has been requested by the applicant to continue. Council,
do I have a motion?
Bird: Madam Mayor'?
De Weerd: Mr. Bird.
Bird: I move that we continue Item 13, TE 08-003 to May 20th, 2008.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to continue Item 13. All those in favor
say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 14: Public Hearing: VAR 08-003 Request for a Variance to UDC Table 11-
2A-5 to allow a structure encroachment into the required rear yard setback
in the R-4 zoning district for Silman Setback by Stanley Silman - 1749
West Lowry Street (Lot 10, Block 16, Tumble Creek Subdivision #6):
De Weerd: Item 14 is a Public Hearing on VAR 08-003. I will open this Public Hearing
with staff comments.
Canning: Madam Mayor, Members of the Council, this is the Silman setback. It's a
variance application before you. The property is located at 1749 West Lowry Street,
which is Lot 10, Block 16, of Tumble Creek Subdivision No. 6. The variance is to UDC
Table 11-2-A5, which requires a 15 foot rear building setback in the R-4 zoning district.
And you can see the encroachment on the aerial in this location and I have some other
pictures to show. This is the patio area. This is the rear yard. That's the side yard on
the west property and the side yard on the east property. There is an existing enclosed
patio on the property that is set back nine feet seven inches from the rear property line
on the east side and nine feet one inch on the west side of the structure. The structure
encroaches five foot five inches to five feet 11 inches into the required rear setback
area, measured from the rear property line. And for this we are assuming that the fence
is -- corresponds with the rear property line. The applicant states that when he
purchased the property in 2003, site unseen, as he was living out of this area at that
time, he requested that the builder, John Flaherty Construction, add an awning over the
existing patio as part of the purchase agreement. John Flaherty Construction
subcontracted the work to Patio Covers Unlimited, PCU, who constructed the awning
within the rear setback area without first obtaining the necessary permits from the
Meridian building department. Mr. Silman later contracted with PCU again to enclose
the patio, but states that he did not know that the awning was constructed within the
required rear setback area. Again, this work was completed without necessary permits.
Abram Antonucci from code enforcement researched the subject property and setback
issue and submitted the following comments. One, the complaint that the structure had