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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