Jennifer & Paul Evans
AMBROSE,
FITZGERALD
& CROOKSTON
Allorneya and
Cou naolora
P.O. Bo~ 427
Meridian, Idaho
83642
Telephono 886-4461
II
I
BEFORE THE CITY COUNCIL
OF THE CITY OF MERIDIAN
APPLICATION OF JENNIFER & PAUL EVANS
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 August 6, 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 publ ic hearing on the vari ance was
published for two consecutive weeks prior to the scheduled hearing
for August 6, 1991, the first publication of which was fifteen (15)
days prior to said hearing; that the matter was duly considered at
the August 6, 1991, hearing; that copies of all notices \'~ere
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. l.b. of the Revised and Compiled
Ordinances of the City of Meridian; that this requirement has been
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 1
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys aod
Co~nselors
P.O, Bo~ 427
Meridian, Idaho
83642
Telephooe 888-4461
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 1 i nes 10 feet from the property
boundary where the structure to be built is two stories..
4. That the Appl icant has requested that he be granted a
variance from the above side yard set back requirement and be
allowed to have a seven foot side yard set back on the west side
of the structure.
5. The property in question is described as lots 4 and 5
and the east 1/2 of Lot 17, and all of Lot 18, Block 5, Bowers
Addition to Meridian, Ada County, Idaho, and is kno~"n by the
address 130 East Ada, Meridian, Idaho.
6. That the property is zoned Old Town.
7. That the Appl icant proposes to construct a two storey
home on the lot and to place the planned structure on the lot will
require a variance of three feet from the ordinance.
8. There are existing homes i'n the area that have not met
the set back requirements due to the fact that they were
constructed prior to the present set back requirement being
effective.
9. That the Applicant owns the property.
10. 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.
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 2
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Bo~ 427
Meridian, Idaho
63642
Telephone 88S..t461
11. That these Findings of Fact and Conclusions of Law have
been prepared prior to the publ ic 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 incl uding the mai 1 ing of notice to owners of property
It/ithin 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 is noted which is pertinent to the
Application:
11-2-419 A.
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 3
AMBROSE.
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
MerIdian, Idaho
B3FJ42
Telephone 688-4461
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
follo\'Js:
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 p~esented 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
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 4
AMBROSE,
FITZGERALD
&. CROOKSTON
Attorneys and
Counsolors
P.O. Bo~ 427
Morldian, Idaho
B3642
Telephone 688-1461
physical conditions or other
conditions which are not self-
inflicted, or that these conditions
\v ill res u 1 tin i n h i bit i n g the
achievements or the objectives of
this Ordinance;
3. That the granting of the
specified variance ltJill not be
detrimental to the public's welfare
Of injurious to othef 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 Of convenience to the Applicant in that the
structure is to be built and was not in existence at the time the
time that he purchased the property; that since the property is in
Old Town and there are many structures in the area that do not
meet the existing set back requirements it is not unreasonable to
grant the variance.
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 since there
are many structures in the area that
do no presently meet the set back
requirement.
b. That strict compliance with the
requirements of the set back
Ordinance would not result in
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 5
AMBROSE,
FITZGERALD
&. CROOKSTON
Attornaye and
Counsalors
P.O. Bo~ 427
Merld len, Ideho
83642
Telephone 888~461
extraordinary hardship to the
appl icant as a resul t of factors not
self-inflicted but due to the fact
that there are many structures in
the area that do not meet the set
back requirements, the granting of
the variance would not unduly change
the area.
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 or the Meridian
Comprehensive Plan.
9. That it is concluded the Application should be granted.
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 lle~
COUNCILMAN GIESLER VOTED vjecr
COUNCILMAN MYERS VOTED &jeer
COUNCILMAN TOLSMA VOTED if eq
MAYOR KINGSFORD (TIE BREAKER) VOTED
APPROVED: L111 ~e.9 DISAPPROVED:
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 6