HomeMy WebLinkAboutWilliam's Addition VARrrTv
MARCH 5,
The Regular Meeting of the Meridian City Council was called to order by Mayor Grant P.
Kingsford at 7:30 P.M.:
Members Present: Bob Giesler, Ron Tolsma, Bert Myers, Max Yerrington:
Others Present: Norman Fuller, Bob Waitley, Cindi Atwood, Dolores McHenry, Jim Johnson,
Allan Marsh, Burt Cafferty, Les Schild, Chuck Fuller, Ed & Bernice Boinski , Walt Casey,
Gary Smith, Wayne Crookston, Bill Gordon, Ken Westby, Don Hubble, Greek McDonald, Robert
D. Strasser:
MINUTES OF THE PREVIOUS MEETING HELD FEBRUARY 19, 1991:
The Motion was made by Myers and seconded by Yerrington to approve the Minutes of
the Previous Meeting held February 19, 1991 as written:
Motion Carried: All Yea:
Fire Chief Bowers: Introduced the new Full Time Fireman Steve Gempler to the Mayor
and Council. Also showed Mayor and Council the new fire suits that are in.
ITEM #1: PUBLIC HEARING: VARIANCE REQUEST ON 5FT• SIDE YARD SETBACK BY KEN WFSTBY:
Kingsford: I will now open the Public Hearing, is there anyone present who wishes to
testify on this issue, if so please cane forward and be sworn by the attorney.
Ken Westby, 234 E. 2nd, was sworn by the attorney.
Westby: Explained request and plans to the Council.
Kingsford: Anyone else to testify, hearing no response the Public Hearing was closed.
The Motion was made by Giesler and seconded by Myers that the City Council of the City
of Meridian does hereby adopt and approves these Findings of Fact and Conclusions.
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea;
Motion Carried: All Yea:
The Motion was made by Giesler and seconded by Myers to approve the Variance and
set -back requirements for Ken Westby.
Motion Carried: All Yea:
ITEM #2: PUBLIC HEARING: PRELIMINARY PLAT ON MERIDIAN GREENS #2:
Kingsford: I will now open the Public Hearing, is there anyone who wishes to testify,
if so please come forward and be sworn. will be stepping down.
flict of
Yerrington: I have a coninterest in this matter so I
Don Hubble, Hubble Engineering, was sworn by the attorney -
Don
AMBROSE,
FITZGERALD
6 CROOKSTON
Attorneys and
Counselors
P.O. Box e27
MwIdlen, Idaho
SW2
Telephone 808 -4461
0 0
BEFORE THE CITY COUNCIL
OF THE CITY OF MERIDIAN
APPLICATION OF KEN WESTBY
FOR A VARIANCE FROM THE SIDE YARD SET -BACK REQUIREMENTS
PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS
The above entitled variance request having come on for
consideration on March 5, 1991, at approximately 7:30 o'clock
p.m. on said date, at the Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and the City Council having heard and
taken oral and written testimony, the City Council of the City of
Meridian makes the following:
FINDINGS OF FACT
1. That notice of the public hearing on the variance was
published for two consecutive weeks prior to the scheduled
hearing for March 5, 1990, the first publication of which was
fifteen (15) days prior to said hearing; that the matter was duly
considered at the March 5, 1990, hearing; that copies of all
notices were available to newspaper, radio and television
stations.
2. That the notice of public hearing is required to be
sent to property owners within 300 feet of the external
boundaries of the land being considered pursuant to 11-2-416 E.,
11-2-419 D., and 11-9-612 B. 1.b. of the Revised and Compiled
Ordinances of the City of Meridian; that this requirement has
AMBROSE.
FITZGERALD
6 CROOKSTON
Att.eya u
Coonaabo
P.O. So. 417
Meddlan, Idaho
83912
Telephone 0604491
0 •
been met.
3. That Ordinance 11-2-410 A, ZONING SCHEDULE OF BULK AND
COVERAGE CONTROLS, requires that residential structures in Old
Town be set back on the side yard lines 5 feet from the property
boundary.
4. That the Applicant has requested that he be granted a
variance from the above side yard set back requirement and be
allowed to have a 3 feet, 9 inch side yard set back on the east
side of the existing residential structure.
5. The property in question is described as lots 4 and 5
and the north 1/2 of Lots 6 and 7 of Williams Addition to
Meridian, Ada County, Idaho, and is known by the address 234 E.
Second Street, Meridian, Idaho, and is at the corner of King
Street and East 2nd Street.
6. That the property is zoned Old Town.
7. That the Applicant proposes to convert one of the
existing structures on the property into a dwelling unit; that
the structure to be converted is set in concrete which would not
allow moving the structure to allow for the required 5 foot side
yard set back.
8. That the structure proposed for the dwelling unit has
been located on the property for a substantial period of time and
prior to adoption of the current zoning and development ordinance
in April of 1984.
9. That the structure was previously used by the Applicant
as a bicycle shop.
10. That the Applicant owns the property and structure to
AMBROSE,
FITZGERALD
B CROOKSTON
Allorneysand
Counselors
P.O. Boa 427
Meridian, Idaho
83642
Telephone 688-4461
0 9
the east of the structure being converted.
11. That the City Engineer, Ada County Highway District,
Nampa & Meridian Irrigation District or the Central District
Health Department may submit comments and they shall be
incorporated herein if submitted.
12. That these Findings of Fact and Conclusions of Law have
been prepared prior to the public hearing and may have to be
amended as a result of testimony and evidence received at the
hearing.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
2. That the City has authority to grant variances pursuant
to Section 11-2-419 of the Zoning Ordinance and pursuant to
Section 11-9-612 of the Development Ordinances.
3. That the City Council has judged this application by
the guidelines, standards, criteria, and policies contained in
the Zoning Ordinance and upon the record submitted to it and the
things upon which it may take judicial notice.
4. That the Council may take judicial notice of its own
proceedings, those of the Comm ission, governmental statutes,
ordinances, and policies, and of actual conditions existing
within the City and the State.
0 0
5. That the following provisions of Section 11-2-419 A, of
the Zoning Ordinance is noted which is pertinent to the
Application:
11-2-419 A.
The Council may authorize in specific cases a
variance from the terms of this Ordinance or
from the Subdivision and Development
Ordinances as will not be contrary to the
public interest where, owing to special
conditions, a literal enforcement of the
provisions of this Ordinance would result in
unnecessary hardship. No non -conforming use
of neighboring lands, structures or buildings
in the same district and no permitted or non-
conforming use of lands, structures or
buildings in other districts shall be
considered grounds for issuance of a
variance. Variances shall be granted only
where strict application of the provisions of
this Ordinance would result in unnecessary
hardship. A variance application does not go
to the Commission unless directed by the
Council.
6. That the specific requirements regarding a variance
that must be evidenced and found by the City Council are as
follows:
AMBROSE.
FITZGERALD
BCROOKSTON
Attomeys end
Couneelon
P.O. Box 427
Moldlan, Idaho
89842
TelephonaaBB44Bt
11-2-419 C. FINDINGS
A variance shall not be granted unless (as a
result of a public hearing) the Council makes
a statement of supportive reasons based
directly on the evidence presented to it
which supports conclusions that the mentioned
standards and conditions of this Ordinance
have been met by the applicant and unless all
of the following exist:
1. That there are such special
circumstances or conditions
affecting the property that the
strict application of the
provisions of this Ordinance would
clearly be impracticable or
unreasonable;
AMBROSE.
FITZGERALD
BCROOKSTON
AttwnayaaM
Co ."lwa
P.O. Boa 427
MWdlan. Idaho
&702
Talaphl 866101
0 9
2. That strict compliance with
the requirements of this Ordinance
would result in extraordinary
hardship to the owner, subdivider
or developer• because of unusual
topography, other physical
conditions or other conditions
which are not self-inflicted, or
that these conditions will result
in inhibiting the achievements or
the objectives of this Ordinance;
3. 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;
4. That such variance will not
have the effect of altering the
interest and purpose of this
Ordinance and the Meridian
Comprehensive Plan.
7. That there does not appear to be a specific benefit or
profit, economic gain or convenience to the Applicant in that the
structure was in existence at the time he purchased the property
and was constructed and in use 'for sorne tiine prior to the
adoption of the Zoning Ordinances.
8. That regarding Section 11-2-419 C it is specifically
concluded as follows:
a. That there are special
circumstances or conditions
affecting the property that the
strict application of the
provisions of the set back
Ordinance would clearly be
unreasonable.
b. That strict compliance with the
requirements of the set back
Ordinance would result in
extraordinary hardship to the
applicant as a result of factors
not self-inflicted.
AMBROSE,
FITZGERALD
Q CROOKSTON
Attorneys end
Cwnselom
P.O. Boz 427
Maddlan, Idaho
53812
Telw wm8B81/81
0
C. That the granting of the spec-
ified variance would not be
detrimental to the public's welfare
or injurious to other property in
the area in which the property is
situated.
d. That such variance would not
have the effect of altering the
interests and purposes of the set
back Ordinance o the Meridian
Comprehensive Plan.
9. That it is concluded the Application should be granted
as the Applicant owns the property adjacent to the East which is
the property that would be impacted by the granting of the
variance and the conditions necessitating the variance were not
self-inflicted and the granting of the variance would not cause
unnecessary hardship.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The City Council of the City of Meridian does hereby adopt
and approves these Findings of Fact and Conclusions.
ROLL CALL:
COUNCILMAN YERRINGTON VOTED
COUNCILMAN GIESLER VOTED
COUNCILMAN MYERS VOTED
COUNCILMAN TOLSMA VOTED
MAYOR KINGSFORD (TIE BREAKER) VOTED
APPROVED: DISAPPROVED:
E
C O M M E N T S
0
VARIANCE REQUEST
KEN WESTBY
1: ADA COUNTY HIGHWY DIST: SEE ATTACHED:
2: CENTRAL DIST HEALTH: NO OBJECTION IF CONNECTED TO CITY SEWER SYSTEM:
3. City Engineer: No Comments;
4: Sewer Department: Has Sewer hookup charge been paid on this property?
5: Bldg. Dept. No problem as far as building codes.
6. Police Department: No Problems.
7: CITY ATTORNEY IS PREPARING PRELIMINARY FINDINGS ON THIS REQUEST:
ADA COUNTY HIGHWAY DISTRICT
318 EAST 37TH STREET
• BOISE, IDAHO 83714
•
Inter -Department
Correspondence
To: Ada County flighway District Commission
Date: February 14, 1991
From: Development Services
Subject: MERIDIAN CU - E. KING AND 2ND SIDE SETBACK
FACTS & FINDINGS:
1. Ken Westby requests conditional use approval to allow a variance to the
required side yard setback for an existing building located at 234 East
2nd Street.
2. E. King Street has 40 -feet of right-of-way (50 -feet is required), and is
improved with 24 -feet of paving.
3. 2nd Street has 50 -feet of right-of-way (which is adequate), and is
improved with 24 -feet of paving.
4. The alley has 16 -feet of right-of-way (20 -feet is required), and is
improved with gravel.
Requirements are provided to Meridian Planning & Zoning as conditions for
compliance.
STANDARD REQUIREMENTS:
1. A right-of-way permit must be obtained from ACHD for all street and
utility construction within the public right-of-way. Combine utility
cuts where practical to limit the number of pavement cuts. Contact
Quality Control at 345-7667 (with zoning file number) for details.
STAFF SUBMITTING:
Pat Dobie, P.E.
DATE OF COMMISSION APPROVAL:
RFr
VE2 21 1991
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CENTRAL DISTRICT HEALTH DEPARTMENT
ENVIRONMENTAL HEALTH DIVISION
1455 North Orchard
Boise, Idaho 83706
REVIEW SHEET
Return to:
Boise
Rezone # Eagle
Conditional Use # ` Meridian
_ Preliminary/Final/Short Plat Kuna
�/igaca s�oE �/r�rD S�r/3.r�K �N = ACz
1. _ We have no objections to this proposal. PFS T-5/
2. _ We recommend denial of this proposal.
3. _ Specific knowledge as to the exact type of use must be provided before we can comment on
this proposal.
4. _ We will require more data concerning soil conditions on this proposal before we can comment
5. _ We will require more data concerning the depth of (high seasonal ground water)(solid lava)
from original grade before we can comment concerning individual sewage disposal.
6. _ We can approve this proposal for individual sewage disposal to be located (2,4) feet above
solid lava layers.
7. _ We can approve this proposal for:
_Central sewage Interim sewage Individual sewage _ Ccumunity sewage system
and Central water Individual water _ Community water well.
8. _ Plans for Central sewage Community sewage system Sewage dry lines, and
_Central water Community water must be submitted to and approved by the Regional
Health and Welfare Environmental Services Field Office.
9. _ Street runoff is not to create a mosquito breeding problem.
10. _ This department would recommend deferral until high seasonal ground water can be determined
if other considerations indicate approval.
11. _ If restroom facilities are to be installed then a sewage system MUST be installed to meet
Idaho State Sewage Regulations.
12. _ We will require plans be submitted for a plan review for any (food establishment)(beverage
establishment)(swim ming pools or spas)(grocery store).
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VARIANCE REQUEST
KEN WESTBY
C O M M E N T S
1: ADA COUNTY HIGHWY DIST: SEE ATTACHED:
2: CENTRAL DIST HEALTH: NO OBJECTION IF CONNECTED TO CITY SEWER SYSTEM:
3. City Engineer: No Comments;
4: Sewer Department: Has Sewer hookup charge been paid on this property?
5: Bldg. Dept. No problem as far as building codes.
6. Police Department: No Problems.
7: CITY ATTORNEY IS PREPARING PRELIMINARY FINDINGS ON THIS REQUEST:
0 0
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the
City of Meridian and the laws of the State of Idaho, that the
City Council of the City of Meridian will hold a public hearing
at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho,
at the hour of 7:30 o'clock p.m., on March 5, 1991, for the
purpose of reviewing and considering the Application of KEN
WESTBY, for a variance from the Zoning Ordinance, Section 11-2-
410A, which requires a five foot side yard set back; Applicant
requests to be allowed to have a side yard setback of 3 feet 9
inches, instead of the 5 foot requirement. The requested
variance is to allow the remodel of the existing building into a
residence, in Williams Addition, on the property described as
Lots 4 & 5, and the North 1/2 of lots 6 & 7, Block 1 of Williams
Addition, Meridian, Ada County, Idaho, which is known by the
address 234 E. Second Street, Meridian, Idaho.
A copy of the Application is available upon request.
Public comment will be taken and is welcome.
DATED this (Q th day of February, 1991.
AMBROSE,
FITZGERALD
6 CROOKSTON
ANomeye and
Ceunplm
P.O. Bot 427
Mewwn. Idiom
63642
TNepIron6888-4461
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A
NAME:
CITY OF MERIDIAN
728 Meridian St. Meridian, ID 83642
VARIANCE APPLICATION
(RE: Meridian Zoning Ordinance
or holder of valid option
DD
LEGALGENERAL LOCATION:
DESCRIPTION OF "PROPERTY:—
PROOF
1'
PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option
agreement must be attached.
PRESENT ZONE CLASSIFICATIONL 0 7—
VICINITY
VICINITY SKETCH: A vicinity map at a scale approved by the Mayor showing
property lines, streets existing and proposed zoning and such other items
as the Mayor may require.
SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses
within contiguous to, directly across the street from, and within a 300'
radius of the parcel (s) proposed for a Variance must be attached.
(This information is available from the County Assessor.)
DESCRIPTION OF PROPOSED VARIANCE:
CITY COUNCIL RECORDS
Date Received
Received By
City Council Hearing Date
REQUIREMENTS: VARIANCE
Attach a site plan showing all details of the proposed
development, Complete the following questions and return
with the application.
1. What is intended to be done on or with the property?
2. What special conditions and circumstances exist which
are peculiar to the land, structure, or building involved and
which are not applicable to other lands. structures, or buildings
in the same district?
Y�AcUiirrt S<y%6MC--ks r
3:1 Why will a literal interpretation of the provisions of
this ordinance deprive you of rights commonly enjoyed by other
properties in the same district under the terms of this ordinance?
'� >�;�n. ✓ Cly V� ✓ r V C�\
rim r, Ci �� {
4. What special conditions or circumstances exist that were
not a result of your actions?
5. Why will the granting of this Variance not confer on you
any special privilege that is denied by this Ordinance to other
lands, structures, or building in the same district?
i
15; In cFfa1
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1
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QUITCLAIM DEED
FOR VALUE RECEIVED
ELENITA NESTBT, A Single person
do hereby convey, release, remise and forever quit claim
unto KENNETH C. HESTBY a single Person
whose addrem is 234 EAST 2ND FERli:=AN, IDAHO 83642
the following described premises, to -wit.
PARCEL A
LOTS 4, 5.-6 AND 7 OF BLOCK 1 OF :LAMS ADDITION TO .`:ERIDT_AN, ACC43DING _C
TME OFFICIAL PLAT THEREOF, FI. -N SOCK 3 OF ?CAIS AT PAGE 127, ilE: ?.DS OF
ADA COUNTY, IDAHO.
EXCEPT THE SOUTH 68.6 FEET OF _rr. :EST 48 FEET OF :.OTS 6 AND 7.
PARCEL B
THE NORTHERLY 4.6 FEET OF THE SOU=A---RLN 69.6 FEET OF THE GCSTERLY 45.J F"T OF
LOTS 6 AND 7,BLCCK 1 CF AILLIAMs ADDITION TO YE3'.D-iAN: ACCORDING TO '_--
OFFICIAL FLAT THEREOF, FILED IS BOOK 3 OF FLATS AT ?AGE I27, RECORDS "F ADA
COUNTY, IDAHO.
EXCEPT THE EAST 3 FEET THEREOF.
By the siccation of thls deed, it is the Intent of the, granru,(s) erre ur to
e/1-/nate any Interest which nay be presently held nr ..ey h,-
"'
e,n tare parcel herein cisscrlbcd,
AND EORINER,
to speciflca/ly release said parcel from any and ail Arens creeb-d by
claimed through that certain Judgment and Decree filed it; Ada County urth
Dist.r:ct Court as Case ne,-.D
grantee,'.)
And to convey unto the grantee;.) all of the grantor; s/ right, t,tle ,Ind
Interest ,n and to the parcel herein described.
together with their appurtenances.
Dated: 1/13/87
.ACKNOWLEDGMENT. Individual
�TATF; OF _._..:JdHp_! County or.__.i,A
On rhis IITH day,f7hNI1AR.`L___.in
theyea�rpoyf 1987 ,before me
A notary public.
Irer=ovally' wPp.ared FLFNTTA�jEjj'g�. _
}} _. known or
,den Vied to meta betheperaon_ who. namerr��
subscribed W ti,rwithio instrument. ano ecihW'led ed to
me that the___oteKvy the..e.� j ' ��
NourrG P46
Residing at:
ELE\IIA FESTBY HCl
STATE OF IDAHO, COU'NT'i- O
1 hereby certify vh., Nis ivtryI , w lied for reeord
at the "ree�quue/ea�st of PIONEER TITLE CO.
at O1V tee peat 10 leekAm
'e--
1967-
in my office. nd duly recoMM
of De,de et pax•
Ea-Ilbteio RrcoMer
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3- Fees S 00
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My CU.MISSION EXPIRES APRIL 5-61AR PIONEERTITLECOMFAW
J OF ADA COUNTY
821 w site St.
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