Klein Home Addition CUP H-2023-0037 Findings CITY OF MERIDIAN V IDIAN;_--
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND ! DAHO
DECISION& ORDER
In the Matter of the Request for Conditional Use Permit to Expand the Existing Non-conforming
Use which Consists of an Addition to the Existing Home to Add a Fourth Bedroom with Only One
(1) Garage Parking Space Instead of the Required Two(2) Spaces on 0.11-Acre of Land in the R-4
Zoning District at 224 W. Cherry Ave.for Klein Home Addition,by Bryan Klein.
Case No(s).H-2023-0037
For the Planning&Zoning Commission Hearing Date of. August 17,2023 (Findings on September
7,2023)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of August 17, 2023,incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of August 17, 2023, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August 17,
2023, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of August 17,2023, 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 Planning&Zoning Commission takes judicial notice of its Unified Development
Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan
of the City of Meridian,which was adopted April 19,2011,Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I I-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 Chairman of the Commission and City Clerk and then a copy served by the Clerk
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2023-0037
Page 1
upon the applicant,the Planning Department,the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of August 17,2023, 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 Planning & Zoning Commission'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 conditional use permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of August 17, 2023, attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two(2)Year Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City in accord with UDC 11-513-6F.1.
During this time,the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval, and
acquire building permits and commence construction of permanent footings or structures on or
in the ground. For conditional use permits that also require platting,the final plat must be
signed by the City Engineer within this two(2)year period in accord with UDC 11-5B-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.F.1,the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two (2)year period.Additional time extensions up to two (2)years as
determined and approved by the Commission may be granted. With all extensions,the Director
or Commission may require the conditional use comply with the current provisions of Meridian
City Code Title 11.
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-652 1(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.
F. 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.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2023-0037
Page 2
G. Attached: Staff Report for the hearing date of August 17,2023
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2023-0037
Page 3
By action of the Planning&Zoning Commission at its regular meeting held on the 7th day of
September ,2023.
COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED
COMMISSIONER MARIA LORCHER,VICE CHAIRMAN VOTED
COMMISSIONER NATE WHEELER VOTED
COMMISSIONER JARED SMITH VOTED
COMMISSIONER PATRICK GRACE VOTED
COMMISSIONER MANDI STODDARD VOTED
COMMISSIONER ENRIQUE RIVERA VOTED
Andrew Seal, Chairman 9-7-2023
Attest:
Chris Johnson, City Clerk 9-7-2023
Copy served upon the Applicant,the Planning and Development Services divisions of the Community
Development Department,the Public Works Department and the City Attorney.
By: Dated: 9-7-2023
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2023-0037
Page 4
EXHIBIT A
STAFF REPORT
E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT I D A H Q
HEARING August 17,2023 Legend T,
DATE:
leiPFaject Lacs ian � � ,.
TO: Planning&Zoning Commission _
W, E =LFf
FROM: Sonya Allen,Associate Planner
a..
208-884-5533 _
SUBJECT: Klein Home Addition—CUP -
H-2023-0037
LOCATION: 224 W. Cherry Ave.,in the NE 1/4 of
Section 12, T.3.,R.1W. (Lot 9,Block 2, "'-
Fran Meridian Subdivision; Parcel
#R2917150120)
I. PROJECT DESCRIPTION
Conditional use permit to expand the existing non-conforming use which consists of an addition to the
existing home to add a fourth bedroom with only one (1)garage parking space instead of the required two
(2) spaces on 0.11-acre of land in the R-4 zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 0.11 acre
Future Land Use Designation High Density Residential(HDR)
Existing Land Use 11 Single-family home&property
Proposed Land Use(s) No change proposed
Current Zoning R-4(Medium Low-density Residential)
Proposed Zoning NA
Neighborhood meeting date 3/23/23
History(previous approvals) Lot 9,Block 2,Fran Meridian Subdivision
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C. Representative:
Same as Applicant
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper notification
published in newspaper 7/26/2023
Radius notification mailed to
property owners within 300 feet 7/28/2023
Public hearing notice sign posted
8/7/2023
on site
Nextdoor posting 7/31/2023
V. COMPREHENSIVE PLAN ANALYSIS
LAND USE: The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates this
property as High Density Residential(HDR).
The HDR designation allows for the development of multi-family homes in areas where high levels of urban
services are provided and where residential gross densities exceed twelve dwelling units per acre.
Development might include duplexes,apartment buildings,townhouses, and other multi-unit structures.
PROPOSED USE: The property is currently developed with a 3-bedroom single-family home;no change of
use is proposed— an addition for a 4'bedroom is proposed.
All of the surrounding area designated HDR on the FLUM was developed with single-family residential
detached homes in the early 1970's.
VI. STAFF ANALYSIS
The Applicant currently has a 3-bedroom single-family home with a single car attached garage on the subject
property. The existing use is considered a non-conforming use because it doesn't comply with the off-street
parking standards listed in UDC Table 11-3C-6,which requires four(4)parking spaces for 3-and 4-bedroom
units,with at least two (2)of those spaces in an enclosed garage, other spaces may be enclosed or a
minimum 10' x 20' parking pad.
Per UDC 11-1A-1,a non-conforming use is defined as a use that lawfully existed prior to the effective date
of the UDC but that does not now conform to the allowed uses for the district in which it's located—non-
conforming parking is deemed a non-conforming use.Non-conforming uses are allowed to continue as long
as the use remains lawful and is not expanded or extended as set forth in UDC 11-IB-4; if expanded,
approval of a CUP is required.
A Conditional Use Permit(CUP) is requested to expand the existing non-conforming use from a 3-to a 4-
bedroom unit with substandard parking(see exhibits in Section VIII). The existing covered patio at the rear
of the house is proposed to be converted to living area along with an addition totaling 379 square feet. Only
one(1) garage space exists with a parking pad for one(1) car in front of the garage; an approximate 13' x
40' gravel driveway exists on the east side of the parking pad/garage which will accommodate parking for
two (2)vehicles. On-street parking is also available. The Applicant states that it's not possible to add on to
the existing garage due to lot size constraints which would make compliance with the side yard setback
Page 3
requirement infeasible. For this reason and because there is adequate area on the site to park four(4)vehicles
with on-street parking for guests, Staff is supportive of the request.
VII. DECISION
A. Staff:
Staff recommends approval of the proposed conditional use permit(CUP)with the condition listed in
Section IX in accord with the Findings in Section X.
B. The Meridian Planning&Zoning Commission heard this item on August 17,2023.At the public
hearing.the Commission moved to approve the subject CUP request.
1. Summary of the Commission public hearing:
a. In favor: Bryan Klein.Applicant/Owner
b. In opposition:None
C. Commenting None
d. Written testimony: None
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by Commission.
a. Request for Staff to consider a code change to allow such requests to be considered
administratively instead of through the public hearing process with a conditional use
permit: and
b. Concern pertaining to the use increasing(i.e. a business,rental property,etc.)which
could further impact the limited parking on the site.
4. Commission change(s)to Staff recommendation:
a. None
Page 4
VIII. EXHIBITS
A. Site Plan(dated: 4/7/23)
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B. Building Elevations of Existing Home&Proposed Addition
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IX. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. The conditional use permit is valid for a maximum period of two(2)years unless otherwise approved
by the City. During this time, the Applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire
building permits and commence construction of permanent footings or structures on or in the ground
as set forth in UDC 11-5B-6. A time extension may be requested as set forth in UDC 11-5B-6F.
B. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=303139&dbid=0&repo=MeridianCitX
C. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https:llweblink.meridianciV.or,g/WebLink/Doc View.aspx?id=302202&dbid=0&r0o=MeridianCitX
D. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=302690&dbid=0&repo=MeridianCitX
X. FINDINGS
A. Conditional Use Permit(UDC 11-5B-6E)
The Commission shall base its determination on the Conditional Use Permit requests upon the following:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional and
development regulations in the district in which the use is located.
The Commission finds that the subject property is large enough to accommodate the proposed use
and dimensional and development regulations of the R-4 zoning district except for the parking
requirement, which is considered a non-conforming use and the reason for the conditional use
permit, however four(4) off-street spaces are still avaiable on the property(see Analysis, Section V
for more information).
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with
the requirements of this Title.
The Commission finds that the proposed use will be harmonious with the Comprehensive Plan and is
consistent with the requirements on the UDC, except for the substandard parking, which is the
reason for the conditional use permit.
3. That the design, construction, operation and maintenance will be compatible with other uses in the
general neighborhood and with the existing or intended character of the general vicinity and that such
use will not adversely change the essential character of the same area.
The Commission finds the proposed addition to the single-family home will be compatible with other
single-family uses in the general neighborhood and with the existing character of the vicinity and
will not adversely change the character of the area.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely
affect other property in the vicinity.
The Commission finds the proposed use will not adversely affect other properties in the vicinity.
Page 7
5. That the proposed use will be served adequately by essential public facilities and services such as
highways,streets,schools,parks,police and fire protection,drainage structures,refuse disposal,water,
and sewer.
The Commission finds that essential public services are currently provided to this property and that
the use will continue to be served by these facilities. Police and Fire currently provides service to this
property.
6. That the proposed use will not create excessive additional costs for public facilities and services and
will not be detrimental to the economic welfare of the community.
The Commission finds the proposed use will not create excessive additional costs for public facilities
and services and will not be detrimental to the economic welfare of the community.
7. That the proposed use will not involve activities or processes,materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by reason of
excessive production of traffic,noise, smoke, fumes, glare or odors.
The Commission finds the proposed use will not involve activities or processes, materials, equipment
and conditions of operation that will be detrimental to any persons,property or the general welfare
by the reasons listed.
8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic
feature considered to be of major importance.
The Commission finds the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
9. Additional findings for the alteration or extension of a nonconforming use:
a. That the proposed nonconforming use does not encourage or set a precedent for additional
nonconforming uses within the area; and
The Commission finds the proposed nonconforming use does not encourage or set a precedent for
additional nonconforming uses within the area.
b. That the proposed nonconforming use is developed to a similar or greater level of conformity with
the development standards as set forth in this title as compared to the level of development of the
surrounding properties.
The Commission finds the proposed nonconforming use is developed to a similar or greater level
of conformity with the development standards set forth in the UDC as compared to the level of
development of surrounding properties because most of the adjacent properties either have no
garage or just a carport or single-car garage. Further, the proposed addition does not increase
the non-conformtiy as three and four bedroom homes have the same parking requirement. The site
still maintains the required off-street parking spaces but does not have the additional garage space
required by the parking standards in the UDC.
Page 8