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HomeMy WebLinkAboutScott, Reece VAR CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) NAME: ~~" 1. ~ v~ (Owner or holder of valid option) ADDRESS: M~ Phone: ~~~~~~~ GENERAL LOCATION: / n~- LEGAL DESCRIPTION OF PROPERTY: ~ to ~(~ ] 1~~~-~(rrld d'Ie2A ~.? PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: ~ 3 ~ " `~ VICINITY SKETCH: A vicinity map and/or site plan at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City 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: ~~"o I~ ~DOi2 ~~by~S ~ ~~ l~~ ~ SIGNATURE: CITY COUNCIL RECORDS Date Received City Council Hearing Date Received by Application For Variance Scott T. Reece Address of Site Legal: C & R Builders 2311 North Hyde Lot 6, Block 1 7240 Lattigo Meridian Kentfield Manor Nampa, Idaho Meridian, Idaho 463-7531 A request for Variance of property commonly known as 2311 North Hyde, legal description of Lot 6, Block 1 of Kentfield Manor; Meridian Idaho is requested. Construction of the home on this lot has been completed. The 2nd floor has a cantilever of 4 feet extending towards the properly line. The foundation is 21 feet from the property line. This puts the cantilever on the 2nd story level 3 feet into't~e Setback area. The home owners are currently living in the home; a temporary Certificate of Occupancy has been given. This is a single family dwelling. This sttti~ttre has been built in other areas of Meridian and Nampa, with the foundation being used as the setback requirement. The builder now understands the front of the structure that extends closest to the property line is what is to be used as the setback. It is requested due to the home being completed and lived in, that a variance be granted in this situation allowing the cantilever to exist 3 feet into the setback from the property line of Hyde Street. Attached is the plot map, and blueprints of the home. Listed below are the current list of property owners within 300 feet of property lines. 2990 Bonner Street Shane Downs 2971 Bonner Street New Construction 2943 Bonner Street Ramsy Construction 4605 West Floating Feather, Eagle 83616 2286 Hyde Ave Skinner Construction 15425 Rosewood St., Caldwell 83605 2316 Hyde Ave C. W. Construction inc. 13005 Heidi Place, Meridian 2342 Hyde Ave Jay's Concrete Construction 1426 North Carol, Meridian 2957 Hendrick Edward and Elsa Rudd 2989 Hendrick Rodney Adams THIS FORM EURldISHED COURTESY OF: .~ ALLIANCE TITLE & ESCROW CORP. READ & APPROVED BY GRANTEE(S): ns`f3D? ~,,,. BG'iSs= ~r~ ~ r, ~ {., _ ~,~~ s (~U - ~ ~iCt:R A{{'~~LLIQAj ~NtCtE T1TLE rJ7 l1UU 12 111 ~ 1. t1~ p0 SPACE ABOVE THIS~L~B-EQ$~]tECOR~~O DATA "'' ''' GI.rEST OF WARRANTY DEED FOR VALUE RECEIVED CARL K. BAKER AND KATHLEEN BAKER, Husband and Wife GRANTOR(S), does(do} hereby GRANT, BARGAIN, SELL and CUNVEY unto SCOTT T. REECE, an unmarried man GRANTEE(S), whose current address is: 7 2 4 0 L a t i g o D r. Nampa , Idaho 8 3 6 51 the following described real property in ADA County, State of Idaho, more particularly described as follows, to wit: Lot 6 in Block I of KENTFIELD MANOR, according to the Official Plat thereof filed in Book 68 of Plats at Pages 6913-6914, and as amended by Affidavit recorded March 1, 1995, as Instrument No. 95013901, records of Ada County, Idaho. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantees} heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/aze the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will wazrrant and defend the same from all lawful claims whatsoever. Dated: August 7, 1997 ~~~~ J CARL K. RAKER i KATH EEN BAKER STATE OF IDAHO COUNTY OF ADA .,~' p ~~'2 ~~1 f 9 d, N ~O d( VV G ~ ~~ N b oar °~e'tt~ d' W m ~2~2`2 e~g`4, OOZ09E~LEB~i o ^ O~SOZ1Z889Li ~t~F[ !~~ ~`'<c' e~~ ^ ~ 8`~~! ~~ m 'b 0!p ~2g~~ ~ g~ c3 O~ c' ~ ab' ~ r O~ a ~ M t~ a r: ~ °e~ `2 • K N ~y~ N O !_ M Q s M n K • O ~ r ~ N f @ ~ +l ~ ~ ~ ~ ~ ~ ~ 1~ ry ~ b' K N 0 ~ ~ ~2 ~ `~6~ 0 Ora ~ ~r~z~ ° ~ o ~~~ o `2B~`d~ M a N "twv ~~~n........~ .. OCT-15-97 WED 02:54 P TREASURE VAI.i HAMMER DES 84637794 P.02 e ~~~ i ~ / STREET ___._ _ ~ _ ~-- -' OCT 15 '9? 16:0? O ~ ~~ 1 W Q W Z Z L~ f~H. FIFBSH f~ SLOPE SKULL 9£ 5 I FlRSI' 10'-0 2zTME;~~ 208463?? 4 ~I a U a n O U W Z .- =~m~ w ~ cG • 0 ~'- r. W ~ Z O Z w ~, Y 0 Z 4 _~ ~~H~ WUOM ~ PAGE.02 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 p.m., on November 5, 1997, for the purpose of reviewing and considering the Application of Scott T. Reece, for a Variance for land located in Lot 6, Block 1 of Kentfield Manor Subdivision, Boise Meridian, Ada County, Idaho, and which property is generally located at 2311 N. Hyde Avenue. The Application requests a variance to the setback requirement to allow second floor to extend 3'/z feet into setback. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 17th day of October, 1997. a.. . `` ~ '~~i ~ ``` ~~~ WILLIAM G. BERG, JR., I CLERK= $FAL PUBLISH October 17 and October 31, 1997. P~ On this 7th day of August , in the year of Public in and for said State, persor~ appeared CARL K . 19 9 7 ,before me, the undersigned, a Notary BAKER ~THLEEN BAKER known or identified to me to be the person(s) whose name(s) is/aze subscr' ed to th wi instrument, and acknowledged to me that he/she/they executed the same. ' , Signature• ~ ~~ TRINA NiSHiTANi • NOT,~IRY PUBLIC • Name: TRINA NISHITANI STATE OF IDAHO «°Ofp^°~> IAy Commiuion Etiptres 8-28.03 Residing at: BOISE, IDAHO My Commission Expires: 6/ 2 8/ 0 3 • 88371340160 LAKE JENNINGS VISTA 4500 EMPERIAL AVE SAN DIEGO CA 92113 88571330430 ALLEN KENNETH D 2420 N VICTOR WAY MERIDIAN ID 83642-7528 84882720440 HAWKINS DANIEL K & JAMI 3048 W KENDRICK ST MERIDIAN TD 83642-4152 84882720450 PHILLIPS JAMES T 3000 W KENDRICK ST MERIDIAN ID 83642-4152 • 84882720050 RANDCLIFE HOMES LTD 1406 E 01ST ST #102 MERIDIAN ID 83642 84882720100 HRSQUET MARK & KELLI A 2308 N WARWICK AVENUE MERIDIAN ID 83642 84882720090 L GIVENS JOHN H & JOAN M 3030 W BONNER ST MERIDIAN ID 83642-4150 84882720460 HOLDEN LYLE A & PAMELA J 2986 W KENDRICK MERIDIAN ID 83642 84882720470 HARRIS DARREN L & DEBBIE J 2958 W KENDRICK ST MERIDIAN ID 83642 84882720480 BAKER CARL K & KATHLEEN 4504 W QUAIL RIDGE DR BOISE ID 83703-3838 84882720510 KENTFIELD HOMEOWNERS ASSOC INC PO BOX 151 MERIDIAN ID 83692 84882720010 SKORIC KENTON D & ANDREA LYNNETTE P 3029 W KENDRICK ST MERIDIAN ID 83642 84882720030 CURTIS JESSE L AND MCNEAL ECHO C 3001 W KENDRICK ST MERIDIAN ID 83642 84882720080 HURRAY RICKY LYNN 3006 W BONNER ST MERIDIAN ID 83642-4150 84882720200 LUCERO ROBERT E & TRACY M 3041 W BONNER ST MERIDIAN ID 83642-4150 84882720210 BLAZEK BRENT JAY & JAYNE 3017 W BONNER ST MERIDIAN ID 83642-4150 84882720220 FULLMER KORY E & RONDA K 2999 W BONNER ST MERIDIAN ID 83642-4150 84882720040 ADAMS RODNEY L & DONNA G 2989 W KENDRICK ST MERIDIAN ID 83642-4151 ~ ~ ti MERIDIAN CITY COUNCIL MEETING: NOVEMBER 18.1997 APPLICANT: SCOTT REECE ITEM NUMBER: 3 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW ON REQUEST FOR A VARIANCE TO THE SETBACK REQUIREMENT , AG NCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS 1 /, /~/ ~ V ~/ ~~~/~ ~' ~~~ ~~-~ T~ /~jr ~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. i • FINDINGS OF FACT AND CONCLUSIONS BEFORE TEE MERIDIAN CITY COUNCIL APPLICATION OF SCOTT REECE FOR A VARIANCE OF TEE SETBACK REQUIRE[~NT APPLICATION 2311 N. HYDE AVENUE 1+~RIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on November 5, 1997, at the hour of 7:30 o'clock p.m., the Petitioner appearing, the City Council of the City of Meridian having duly considered the evidence and the matter, makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That notice of a public hearing on the Variance Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for November 5, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the November 5, 1997, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; that a hearing on the matter was scheduled, noticed and held on November 5, 1997. 2. That the notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of FINDINGS OF FACT AND CONCLUSIONS OF LAW SCOTT REECE/VARIANCE Page - 1 • • the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11-9-612 B. l.b. of the Revised and Compiled Ordinances of the City of Meridian;, that this requirement has been met. 3. That Ordinance i1-2-410 A, ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS, requires that residential structures be set back on the side yard lines 5 feet per story from the property boundary where the structure is built. 4. That the Applicant has requested that he be granted a variance from the above side yard set back requirement and be allowed to leave the structure in the same place. 5. The property in question is described as Lot 6 Block 1 of Kentfield Manor Subdivision. 6. That the property is zoned R-4 Residential. 7. That this property is located within the City of Meridian and the Applicant is the owner of the property which is described in the application which full description is incorporated herein. 8. That the Applicant has requested that he be granted a variance from the above yard setback requirement so that the extended second floor of the residence structure will be in compliance with the City of Meridian's subdivision ordinances. 9. The Applicant stated in his hearings for the Variance as follows: "This is a request for a variance for a structure, a single dwelling home that has been built on 2311 N. Hyde where the second floor cantilever extends 3 feet into the setback. FINDINGS OF FACT AND CONCLUSIONS OF LAW SCOTT REECE/VARIANCE Page - 2 • The specific structure has been built in three different locations throughout the Boise Valley. The City of Meridian is the first time I have ever been requested to apply for a variance for the canitlever based on the same thing. We have always gone to the foundation and we have done 2- foot overhangs or 2 foot encroachments without any problems before. This was put in at the request as was stated by the City inspector." He then requested clarification. "This is a cantilever on the second floor. This particular structure is a tri-level and this is the two story section (inaudible). The structure immediately .to the left is the main body which is main floor and the structure to the left of that (inaudible). It is a side entry garage." 10. Councilman Morrow desired clarification of the setback, that generally setbacks are exclusive of eaves and porches, overhangs, etc. Councilman Morrow's additional comments were that of communities with setbacks that were determined by a foundation that setbacks are exclusive to foundations, eaves, porches, overhangs nor bay windows are not considered without foundation or not considered or held to be an encroachment within the setback. He questions if the City of Meridian is out of step with the rest of the communities with the Treasure Valley. Additional comments from Councilman Morrow were to give direction to the staff as to council's definition to what a setback is. His understanding by the map is that this is an overhang over a driveway above a garage. Aside entry way. 11. Sherri Stiles commented that this variance was requested by Daunt Whitman because the Applicant did not meet the setback requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW SCOTT REECE/VARIANCE Page - 3 • • 12. There was no testimony offered stating objections to the Variance. 13. Neither the City Engineer, Gary Smith, or the Planning and Zoning Administrator, Shari Stiles, commented that they had any objections to the Variance. 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 Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provisions of Section 11-2-419 A, of the Zoning Ordinance are noted which are pertinent to the Application: FINDINGS OF FACT AND CONCLUSIONS OF LAW SCOTT REECE/VARIANCE Page - 4 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: 11-2-419 C. F_ 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; 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW SCOTT REECE/VARIANCE Page - 5 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 appear to be a specific benefit or profit, economic gain or convenience to the Applicant in that the Applicant would have to relocate the proposed structures to be constructed on the property which were not in existence at the time that he desired to purchased the property; however, the people that are living in the trailer court and the owner of the trailer court have not objected to the Variance and have agreed that the Applicant will do other things to protect the residences of the trailer court. 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. c. That the granting of the specified 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 interFSts and purposes of the set back FINDINGS OF FACT AND CONCLUSIONS OF LAW SCOTT REECE/VARIANCE Page - 6 i • Ordinance or the Meridian Comprehensive Plan. 9. That it is concluded the Application should be granted. APPROVAL OF FII~IDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopt and approve these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) APPROVED• DISAPPROVED: VOTED VOTED VOTED VOTED VOTED DECISION It is hereby decided that the variance of the set-back ordinance is hereby granted. MOTION: GRANTED city\variance\reece.ff 11/17/97-Final DENIED FINDINGS OF FACT AND CONCLUSIONS OF LAW SCOTT REECE/VARIANCE Page - 7 Meridian City Council • • November 5, 1997 Page 16 Bentley: 1 have a question for Shari, since you are moving into that building does this meet with your approval? Stiles: Yes, it will be our breakroom. Cowie: Any further questions? I will entertain a motion for the request for conditional use permit. Morrow. Mr. Mayor, I would move that we adopt the findings of fact and conclusions as prepared for us by P & Z. Rountree: Second Corrie: Motion made and seconded we approve the findings of fact and conclusions of law as prepared by Planning and Zoning Commission, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley Yea, Rountree Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: I will entertain a motion for the decision. Morrow. Mr. Mayor the City Council of the City of Meridian hereby approves the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council. That the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code, parking requirements, landscape requirements, and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley on the decision as read, any further discussion? Hearing none all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR A VARIANCE TO SETBACK REQUIREMENTS TO .ALLOW SECOND FLOOR TO EXTEND 3 '/ FEET INTO SETBACK BY SCOTT REECE - 2311 N. HYDE AVENUE: Corrie: At this time I will open the public hearing and invite a representative to come forvward. Scott Reece, 7240 Latigo, Nampa, was sworn by the City Attorney. Meridian City Council • • November 5, 1997 Page 17 Reece: As I stated my name is Scott Reece, this is a request for a variance for a structure, single, dwelling home that has been built on 2311 N. Hyde where the second floor cantilever extends 3 feet into the setback. I am available to answer any questions. Corrie: Council any questions? Thank you Scott, is there anyone else from the public who would like to issue testimony on this variance request? Hearing none Morrow Mr. Mayor, I have a question with respect to clarification that maybe Ms. Stiles or Mr. Smith can answer. Generally setbacks are exclusive of eaves and porches and overhangs, is Stiles: Mr. Morrow, this variance request Daunt Whitman was the one that told them they need to get it because it did not meet the setback requirements. Morrow. My question is a technical one in nature. Most communities that I am familiar with setbacks are determined by a foundation the setbacks are exclusive to foundations, eaves, porches and overhangs are not considered and bay windows without foundation or not considered or held to be an encroachment within the setback. So I am asking tonight if we as a City of Meridian are out of step with the rest of the communities of the Treasure Valley. Reece: This specific stnacture has been built in three different locations throughout the Boise Valley. The City of Meridian is the first time I have ever been requested to apply for a variance for the cantilever based on the same thing. We have always gone to the foundation and we have done 2 foot ovefiangs or 2 foot encroachments without any problems before. This was put in at the request as was stated by the City inspector. So again I would also appreciate a clarification. Morrow. I guess Mr. Mayor for sake of clarification that maybe we as a Council make a decision of whether to approve the variance or not approve it but also in the same line we should give direction to our staff of what our definition of setback is. Clearly in this case it is my understanding by the map that this is an overhang over a driveway above a garage. Which also (inaudible) Rountree: It is out the side (inaudible) Reece: This is a cantilever on the second floor. This particular structure is a tri-level and this is the two story section (Inaudible). The structure immediately to the left is the main body which is main floor and the structure to the left of that (inaudible) Morrow: So it is a side entry garage and (inaudible) Reece: Correct it is a side entry garage. Meridian Ci Council • • ty November 5, 1997 Page 18 Monow. My point has been clarified then thank you. I guess that if there is no further discussion and you are willing to close the public hearing Corrie: Any further discussion? I will close the public hearing. Morrow. Mr. Mayor t would move that we instruct the City Attorney to prepare findings of fact and conclusions of law for the variance to the setback requirement and showing that we are favorable to the variance for the setback. Bentley: Second Corrie: Motion made and seconded to request the City Attorney draw up findings of fact and conclusions of law with the statement, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Morrow. Mr. Mayor, I would request from City Attorney now an opinion as to how our ordinance is structured that has created this discussion. Stiles: Mr. Mayor and Council there is a section of our ordinance about architectural projections. It says open structures such as porches, canopies, balconies, platforms, carports, covered patios, chimney, and similar architectural projections shall be considered parts of the building to which it is attached and shall not project into the required minimum front side or rear side yard. So that is probably what he is basing that on. Morrow. I think that if that is the case then what we need to do is we need to prepare an amendment to the ordinance and correct the ordinance to reflect foundation. Crookston: In response to your question you can have any size of overhang because the way you are viewing it that there is no foundation for it then you can have it overhang ten feet. That is the basis for what is in our ordinance. Morrow. Clearly the answer to your question is yes that is technically possible but from the point of custom and usage and consistency with the rest of the valley that is not what is done within the homebuilding business. So either we are in step or we convince the rest of the valley to change so we have some consistency here. Crookston: I have no problem with that but I think that we should have it worded such that any overhang or whatever we are talking about cannot exceed more than X number of feet beyond the foundation. So if you want to put it ten feet then put ten feet if you want it at 3 feet then put it at 3 feet, but that is why it is in the ordinance the way it is. Smith: Mr. Mayor, just an observation, I guess it doesn't present a real critical concern on the front yard or even the back yard but on the side yard it sure could where we are • Meridian City Council November 5, 1997 Page 19 limited to five feet. If you had a 3 foot overhang on a 5 foot setback that means on your second story you have got 2 feet from the side of your projection to your property line or your fence. Even though it is a second story in this case and I guess it would be in any case you could sure cause concern or havoc with that side yard setback. Rountree: I believe our side yard setback says there is five feet for each story. Smith: Right, but even on a single story if you project it out and you cantilever out off your foundation three feet for some kind of a projection you can still wipe out your side yard setback. Cowie: If your neighbor did the same thing you could really have some trouble with the fire department. Smith: That would need to be taken into consideration and again I don't think it is a concern on the front and the rear yard particularly. Crookston: If I might suggest in any event we need to get in step with the valley we don't need to be pioneers and have an ordinance that clearly is not applicable anyplace else and to some extent we may be looking here at real unusual circumstances that Mr. Smith Brings up. My own personal experience is that it is not unusual at all to have window outcroppings of a foot or so go within that side yard setback. They are approved by various building departments that I have built in and by the CC&R's of the local subdivisions. So we need to take a look at this and get in step with the rest of the valley. Bentley: Mr. Mayor, maybe we ought to pull that ordinance out and put it in the workshop and take a look at what we can craft around and clean it up. Morrow. Very good, I agree with that let's put it on the agenda for our planning session. ITEM #13: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 8.5 ACRES TO C-G AND R-2 BY ECONO LURE N'TUNE INC. -EAST OF LOCUST GROVE, SOUTH SIDE OF E. FAIRVIEW: Cowie: At this time I will open the public hearing and invite the representative of Econo Lube N'Tune Inc. to step forward. Patrick McKeegan, 218 S. Cole Road, Boise, was sworn by the City Attorney. McKeegan: I would like to preface my remarks that if I grimace tonight it is not in response to you I have an injured back. Two items of clarification before I start. In the notification for the public hearing it says annexation and zoning of 8.5 acres it is my understanding that the rear 5.5 acres was withdrawn from the application, is that correct Shari? MERIDIAN CITY COUNCIL MEETING: NOVEMBER 5.1997 APPLICANT: SCOTT REECE ITEM NUMBER: 12 REQUEST: PUBLIC HEARING: REQUEST FOR A VARIANCE TO SETBACK REQUIREMENT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: C Iv ~~~ ~ ~~~ ~,~a9 C~ ~. OTHER: AI(Materials presented at public meetings shall become property of the City of Meridian.