HomeMy WebLinkAboutSilman VAR 08-003~~~~~~~
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
REQUEST FOR VARIANCE )
FROM UDC 11-2A-5 TO ALLOW A )
STRUCTURE ENCROACHMENT 1NT0 )
THE REQUIRED REAR YARD SETBACK )
IN THE R-4 ZONING DISTRICT 1
FOR )
STANLEY SILMAN )
APPLICANT )
)
Case No. VAR 08-003
MAY 15 200~
City Of Meridian
City Clerk Office
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL
The above entitled variance application having come on for public hearing on May 6,
2008, at the hour of 7:00 o'clock p.m. at Meridian City Hall, 33 East Idaho Avenue, Meridian,
Idaho. Anna Canni~ng, Meridian Planning and Zoning Department, Brian Webb, attorney for
Stanley Silrnan, and Stanley Silman 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 May 6,
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
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
FiNDINGS OF FACT AN'D CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR
SILMAN; CASE NO. VAR 08-003
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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 May 6,
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 giveri full opportunity to express cornments 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
developrnent 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 1749 W. Lowry Street, Meridian, Idaho
(Lot 10, Block 16, Tumble Creek Subdivision No. 6), located in the northeast '/ of Section 2,
Township 3 North, Range 1 East.
5. Stanley Silman, whose address is 1749 W. Lowry Street, Meridian, Idaho, is the
current property owner and applicant.
6. The Applicant requests a variance from UDC 11-2A-5, which requires a
minimum rear yard setback of 15 feet.
7. The Applicant is proposing a rear setback of approxirnately 9 feet to allow the
existing enclosed patio structure to remain in its current location within the required rear yard
setback.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR
SILMAN; CASE NO. VAR 08-003 •
PAGE 2 OF 4
The property which is the subject of this application is within the City of
Meridian.
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.
3. 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 decision is in accordance with the attached Staff Report for the hearing
date of May 6, 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 Variance 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. Granting a Variance as
FIIVDINGS OF FACT AIVD CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR
SILMAN; CASE NO. VAR 08-003
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requested by the applicant would grant a right or special privilege to the applicant that is not
otherwise allowed in the district. Further, there are no undue hardships due to the
characteristics of the site that would prevent the applicant from meeting the required setbacks.
Council further orders that compliance must be completed by June 30, 2008.
By action of the City Council at its regular meeting held on the 1.~~ day of May,
2008.
ROLL CALL:
COUNCILMAN KEITH B.IRD VOTED ~a
COUNCILMAN JOE BORTON VOTED ~
COUNCILMAN CHARLIE ROUNTREE VOTED ~A
Q
COUNCILMAN DAVID ZAREMBA VOTED ~
MAYOR TAMMY de WEERD (TIE BREAKER)
VOTED _.--
DATED: mQ~ 2O, 2~$
MOTION: APPROVED: ~ DISAPPROVED:
ATTEST:
Copy served upon Applicant, the Planning ai4+
and City Attorney.
By.
City Clerk's Office
Public Works Department,
Dated: 5~ ZZ--vp
FINDINGS OF FACT AIVD CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR
SILMAN; CASE NO. VAR 08-003
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