Southridge No. 3 Variance VAR-2023-0001 Findings CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI
DIAN:-~'
AND DECISION&ORDER
In the Matter of the Request for Variance and Vacation request to allow a one-foot reduction to the
required five-foot interior side setback and the public utility,drainage,and irrigation easement on
the east side of Lot 10,Block 8 for a newly built home in Southridge Subdivision No.3,due to a
staking error which resulted in the home being constructed one-foot within the setback and
easement,by Engineering Solutions,LLP.
Case No(s). VAR-2023-0001
For the City Council Hearing Date of: April 25, 2023 (Findings on May 9,2023)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of April 25,2023,incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of April 25, 2023,incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of April 25, 2023,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of April 25,2023, incorporated by reference)
B. Conclusions of Law
1. 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 takes judicial notice of its Unified Development Code codified as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(SOUTHRIDGE NO.3 VARIANCE-FILE VAR-2023-0001)
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7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of April 25,2023, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for Variance is hereby approved per the conditions of approval in the
Staff Report for the hearing date of April 25,2023, attached as Exhibit A.
D. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
E. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
F. Attached: Staff Report for the hearing date of April 25, 2023
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(SOUTHRIDGE NO.3 VARIANCE-FILE VAR-2023-0001)
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By action of the City Council at its regular meeting held on the 9th day of May
2023.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOHN OVERTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 5-9-2023
Attest:
Chris Johnson 5-9-2023
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 5-9-2023
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(SOUTHRIDGE NO.3 VARIANCE-FILE VAR-2023-0001)
-3-
EXHIBIT A
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING April 25,2023
DATE: Legend TN-R �''F,pi0
Project Location gVyi c
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TO: Mayor&City Council R_ 5 F•po W
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FROM: Stacy Hersh,Associate Planner ( ' ` Ln
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208-489-0576 R_8 o
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SUBJECT: VAR-2023-0001 & ® 3
H-2023-0015 \ N- Ln
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Southridge No. 3 VAR,VAC R'8 F —
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LOCATION: 1938 W. Henrys Fork Drive, in the NE
1/4 of Section 23,T.3N.,R.1W. Ridenbaugh ca.,o�
R-2 RUT
11
I. PROJECT DESCRIPTION
Variance and vacation request to allow a one-foot reduction to the required five-foot interior side
setback and the public utility, drainage and irrigation easement on the east side of Lot 10,Block 8 for
a newly built home in Southridge Subdivision No. 3, due to a staking error which resulted in the
home being constructed one-foot within the setback and easement.
Applicant Information
A. Applicant:
Shari Stiles,Engineering Solutions— 1029 N. Rosario Street, Suite 100,Meridian,ID 83642
B. Owner:
Jeff Herman, Open Door Rentals LLC— 1977 E. Overland Road,Meridian,ID 83642
C. Representative:
Becky McKay,Engineering Solutions,LLP— 1029 N.Rosario Street, Suite 100,Meridian,ID
83642
II. UNIFIED DEVELOPMENT CODE
Per UDC Table 11-5A-2,variance and vacation of a utility easement require approval from City
Council at a public hearing.
Page 1
III. NOTICING
City Council Posting Date
Newspaper Notification 4/9/2023
Radius notification mailed to 4/6/2023
properties within 300 feet
Next Door posting 4/6/2023
Public hearing notice sign posted 4/14/2023
IV. STAFF ANALYSIS
The Applicant requests approval for a variance and to vacate the one-foot wide public utility,
drainage and irrigation easement to encroach within 1 foot of the five-foot side yard setback/easement
on the east side of Lot 10,Block 8 in Southridge Subdivision No. 3.
Legal descriptions and exhibit maps of the portions of the easements proposed to be vacated are
included in Section VII below.
The reason for the request is due to a staking error which resulted in the home being constructed one-
foot within the five-foot side yard setback and PUDI easement. The City approved the structural
footing inspection and layout of the building on the lot prior to pouring the foundation. The building
received certificate of occupancy in 2021 from the City. The encroachment was discovered when the
home was purchased in 2022. Because the home has already been built on the subject property, a
remedy to correct the deviation is through the approval of a variance and vacation application. The
preferred method to remedy this situation would be to process a property boundary adjustment and
still vacate a portion of the PUDI the easement,however,there are existing homes adjacent to this
property which makes it impractical to adjust the property lines to establish the correct 5-foot interior
side yard setback in the R-8 district.
Relinquishment letters were received from Sparklight,Lumen,Idaho Power, and Intermountain Gas
Company stating they have no objection to the vacation of the utility easements as proposed(see
section VII.0 below). In order for the City to approve the variance request,the Council has to make
Findings in the affirmative. Based on the analysis above, Staff believes there is sufficient cause to
support the request as noted in the Findings section below for the Council to approve the request.
V. DECISION
A. Staff:
Staff recommends approval of the variance and vacation of utility easements as proposed by the
Applicant per the Findings in section VII.below.
B. The Meridian City Council heard these items on April 25.At the public hearing,,the Council
moved to approve the subject Variance request.
1. Summary of the City Council public hearing:
a. In favor: Becky McKay,Engineering Solutions
b. In opposition:None
C. Commenting: Becky McKay,Engineering Solutions
d. Written testimony: None
e. Staff presenting application: Stacy Hersh.Associate Planner
f. Other Staff commenting on application:None
Page 2
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. None
Page 3
VI. EXHIBIT
Legal Descriptions &Exhibit Maps of the Portion of the Utility Easements Proposed to be Vacated
UTHRID E SUBDIVISION NO. 3 EASEMENT VACATION
A PORTION OF LOT 10, BLOCK 8, SOUTHRIDOE SUBDIVISION NO. 3
LOCATED IN THE NE 114 OF SECTION 23. T.3N., R.1W.,B.M.
CITY QF MERIDIAN, ADA COUNTY, IDAHO
T
BLOCK 8
N81'58'45'E
~ PROPERTY DRAINAGE AhD PRES571TE ac
i; WRIGA NON EA SEVEN F �
5' z
1Q '� 110,Oq'
11 NS'01'15"' PROPOSED 4' PKDE PURiC UMFF
PROPERTY DRAINAGE AND PRESSURE
110.�OF 1RRIGA TOM EASEMENT
� II
PORPON OF EXISTING "
5' EA.SEkEN T TO BE
I VA CA TED
110 .SF 1'
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581'58'45'IN S8yyV
1yI'�y58'45"W
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7(J-DC POINT OF BEGINNING
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Page 4
Labial description
Public Utility, Property Drainage and Pressure Irrigation Easement Vacation
Lot 10, Block 8, S.uuthridge Subdivision No. 3
A portion of an existing Pubilt Utility, PropeM Drainage and Pressure Irrigation easement in Lot
10 of Block a of Southridge Subdivision No. 3, as shown in Book 118 of Plats on Pages 18003
through 18007, records of Ada County, Idaho,being located in the NE'/#of$action 23,Township
3 North,Range 1 West,Boise Meridian,City of Mefidian,Ada County,Idaho,and more particularly
described as follows:
Commencing at %inch iron pin monumpra marking the southeasterlycornerof said Lot 10,from
which iR 14 inch diameter iron pin monument marking the southwesterly corner of said Lot 10 bears
S 81'5.0'45'W a distance of 70.W feet-
Ti along the southerly boundary of said Lot 10 S 81°58'45"VV a distance of 4.00 feet to the
POINT OF BEGINNING;
Thence continuing along said boundary$ 81`58'45"W a distance of 1.00 feet to the endpoint of
the westerly boundary of an existing 5.00 foot wide Public Utility, Property Drainage and Pressure
Irrigation easement as shown on the plat of said South ridge Subdhrision No. 3;
Thence along said westerly easeme nt bou nd ary N W01 15°W a dicta rice of 110.00 feet to a point
on the northerly boundary of said Lot 10;
Thence along said northerly boundary N 81°5845"E a distance of 1.00 feet to a point;
Thence leaving said boundary S 8°01'15" E a distance of 110.00 feet to the POINT OF
BEGINNING.
This easement vacation area eantains 110 square feet(0,003 acres) and is subject to any other
easements existing or in use.
This description was prepared from data of record and does not represent a field survey of the
subject property
Clinton VV. Hansen, PLS t+i tANp
Land Solutions, PC 5T �
March 29, 2022 `�`
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�d Oti�>til � 5outUdge 54itdrnaion No 3
Ub ity EB92i112f1t Vacatw
,lab No 22-16
Page 7 pi 7
Page 5
VII. FINDINGS
A. Variance(UDC 11-511-4):
1. The variance relieves an undue hardship because of characteristics of the site;
Staff finds there are characteristics that hinder this site because the home has already been
built on the subject property. The preferred method to remedy this situation would be to
process a property boundary adjustment and still vacate a portion of the PUDI easement,
however, there are existing homes adjacent to this property which makes it impractical to
adjust the property lines to establish the correct 5-foot interior side yard setback in the R-8
district.
2. The variance shall not be detrimental to the public health, safety,and welfare.
Staff finds granting the variance should not be detrimental to the public health, safety and
welfare.
Page 6