Pipco, LLC VAR 99-008
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
APPLICATION 0 FRIR'CO;iLL<$/ )
FOR A VARIANCE OF THE EAST )
SIDE YARD SETBACK )
(REDUCTION FROM 10 FEET TO )
7 FEET), NORTH ON W. )
BROADWAY AVENUE AND WEST )
4TH STREET, MERIDIAN, IDAHO )
)
11-10-99
VAR-99-008
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF DECISION
GRANTING A VARIANCE
The above entitled matter coming on regularly for public hearing before the City
Council on the November 3, 1999, and Shari Stiles, Planning and Zoning Administrator,
appeared and commented at the hearing, and appearing on behalf of the Applicant was
Becky Bowcutt, Briggs Engineering, Inc., who represented Pipco, LLC, an Idaho Limited
Liability Company, appeared and testified on behalf of the applicant at the hearing, and
no one appeared in opposition, and the City Council having received the transmittal to
agencies and having received the variance application, having heard the testimony
presented, being fully advised in the premises does hereby make the following Findings of
Fact and Conclusions of Law and Order of Decision, as follows to-wit:
FINDINGS OF FACT
I. The City Council takes judicial notice of its Zoning, Subdivisions and
Development Ordinances codified at Title II Municipal Code of the City of Meridian
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and all current zoning maps thereof and the Comprehensive Plan of the City of
Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps.
2. The notice requirements of Idaho Code SS 67-6509, 6516 and S9 11-2-
416 E and 419 D as evidenced in the record of this matter have been met.
3. The Applicant and owner of record is PIPCO, LLC, an Idaho Limited
Liability Company, 11355 Camas, Boise, Idaho 8709.
4. The location of the subject real property is W. Broadway Avenue on the
north approximately midway between W. 7th Street and W. 4th Street, Meridian,
Idaho.
5. The legal description of the property appertains to the real property that
is included within the SEABURY VARIANCE map as appears in the record of proceeds
of this matter, and is described as follows:
A parcel of land lying in the SE 1/4 of Section 12, Township 3 North, Range I
West, Boise Meridian, Ada County, Idaho, more particularly described as
follows:
Commencing at the northwest corner of the SE 1/4 of Section 12, Township 3
North, Range I West, Boise Meridian, thence N 89046'23" E 660.00 feet along
the north line of said SE 1/4 to a point; thence S 00000'00" E 500.26 feet the
REAL POINT OF BEGINNING of this description;
Thence S 00000'00" E 129.74 feet to a point on the northerly right-of-way of
Broadway Avenue;
Thence S 89046120" W 66.00 feet to a point;
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Thence N 00000'00" W 130.00 feet to a point;
Thence N 90000'00" E 66.00 feet to the REAL POINT OF BEGINNING of this
description.
Said parcel of land contains 0.20 acres, more or less.
6. The present land use of subject property is presently zoned as (R-lS)
Medium High Density Residential District, and consists of 0.20 acres.
7. The proposed land use of subject property is to develop the subject
property in the following manner: To construct a two story tri-plex for residential use.
8. The Applicant seeks a variance of the following provision of the Revised and
Compiled Ordinances of the City of Meridian, Section 11-2-410 A, Zoning Schedule of
Bulk. and Coverage Controls for R-lS zone, which provides for "Interior Side Minimum
Yard Setback Requirements of S' per stOlY. There is a total of 7' on the east property
boundary line for the construction of this proposed two StOlY tri-plex."
9. The characteristics of the subject property which prevent compliance with
the requirements of the Ordinance are an encroachment of a carport and fence on the west
boundary of the property. The neighbor will not cooperate with the property owner and
relocate the carport or fence. All fences along the Broadway parcels are off by 7 feet.
10. The difficulty or hardship which would result if requirements of the
Ordinance were applied to the subject property are that a structure cannot be constructed
on the lot due to the neighbors encroachment.
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II. The unusual or peculiar circumstances which indicate that regulations of this
Ordinance should not be strictly compiled with, is that, the property boundary problems
in this area have created a unique situation that cannot be resolved with the neighbor.
The Applicant has to accommodate the encroachment of the carport and fence.
12. The statement that special conditions and circumstances exist which are
peculiar to the land, structure or buildings involved which are not applicable to other
lands, structures or buildings in the same district pertains to the matter that the neighbors
have assumed for years the property boundary was the existing fence line. Modifications
of the neighbor's fence and carport would cause a hardship.
13. A literal interpretation of the provisions of the Ordinance shall deprive the
Applicant of rights commonly enjoyed by other properties in the same district under terms
of the Ordinance is that the lot is only 66 feet wide, and to reduce the lot by the two 10
foot setbacks and the 3 foot overhang, the lot would only have a buildable area of only 43
feet. This 43 feet is difficult to build upon.
14. The statement that special conditions or circumstances exist that were not
a result of the Applicant's action are that the property boundary problems have existed fro
many years, predating the Applicant.
IS. The variance requested are not out of convenience but from necessity. The
configuration of the parcel was determined by prior developments (i.e., sewer and water
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previously installed). The variance is not profit oriented, it is due to practicality. This
request is to satisfy the wishes of the neighbor on the west. The neighbor does not want
to relocate the carport or fence. This variance will allow the carport and fence to remain.
17. The Applicant's request for a variance does not contradict the Meridian
Comprehensive Plan.
18. The granting of the requested variance will not be detrimental to the public's
welfare or injurious to other property in the area of the proposed plat, and, in fact, the
development of the plat in accordance with the conditions of approval and the
requirements of the Subdivision Ordinance will prevent the conditions which are the
source of the complaints raised in the public hearing of this matter.
19. The granting of this variance will not have an effect of altering the interest
and purpose of the Subdivision or Development Ordinance and or the City's
Comprehensive Plan.
20. The Applicant paid the fee established by the City Council for application
variance.
CONCLUSIONS OF LAW
I. The City of Meridian has authority pursuant to the enactment of the Local
Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the
provisions of Idaho Code S 67~6516 to provide as part of its zoning ordinance for the
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process of applications for variance pennits.
2. The City of Meridian has exercised its authority of Idaho Code S 67-6516
by the enactment as a part of its Zoning and Development Ordinance variances, as set
forth in S 11-2-419 of the Municipal Code of the City of Meridian.
3. That the requirements for the processing of a variance request are set forth
in Idaho Code ss 67-6509, 6516 and ss II-2-416E and 418E Municipal Code of the City
of Meridian.
4. Application and standards for variances are set forth in S 11-2-4I9B
Municipal Code of the City of Meridian, and the findings which are required are set forth
in S 11-2-419C, include required findings that there are special circumstances or
conditions affecting the property that strict application of the provisions of Zoning and
Development Ordinance would clearly be impracticable and unreasonable, and a finding
that strict compliance with the requirements of the Zoning and Development Ordinance
would result in extraordinary hardship to the owner, subdivider or developer because
unusual topography, the nature or condition of adjacent development, or other physical
conditions or other conditions that make strict compliance with the ordinance
unreasonable under the circumstances, or that the conditions and requirements of said
ordinance will result in inhibiting the achievements or the objectives of the ordinance, and
that the granting of a specified variance will not be detrimental to the public's welfare or
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injurious to other property in the area in which the property is situated, and that such
variance will not have the effect of altering the interest and purposes of the Zoning and
Development Ordinance and the Meridian Comprehensive Plan.
S. The provisions of the Revised and Compiled Ordinances of the City of
Meridian, Section 11-2-410 A, Zoning Schedule of Bulk and Coverage Controls for R-1S
zone provide for "Interior Side Minimum Yard Setback Requirements of 5' per stOlY."
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby
Order and this does Order:
I. The Applicant is hereby granted a variance of the provisions of the Revised
and Compiled Ordinances of the City of Meridian Section 11-2-410 A Zoning Schedule
of Bulk and Coverage Controls for "Interior Side Minimum Yard Setback Requirements
of S per story. There is a total of 7' on the eastern boundary of the subject property,
which is described in Findings no. S for the construction of a two story tri-plex for
residential use as depicted in the Building Plan attached to the Variance Application for
the Seabury property."
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NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian. Pursuant to Idaho Code S 67-6521 an affected person being a person who
has an interest in real property which may be adversely affected by the issuance or
denial of a variance authorizing a variance of the Zoning Schedule of Bulk Use and
Coverage Controls, of the R-15 Zone as provided in the Section 11-2-410 A, and may
within twenty~eight (28) days after the date of this decision and order seek a judicial
review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
~Veh.-~
/ (; :Ii- day of
,1999.
ROLL CALL:
COUNCILMAN RON ANDERSON
VOTEDT-
VOTED~
COUNCILMAN GLENN BENTLEY
COUNCILMAN KEITH BIRD
VOTED~
COUNCILMAN CHARLIE ROUNTREE
VOTED~
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: 11-lp-11
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MOTION:
APPROVED:~ DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and the City Attorney office.
By~~~~j
City Clerk
Dated:
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