Stetson Homes VARMERIDIAN CITY COUNCIL MEETING:J~/~~u"_ne 17.1997
APPLICANT: WINNIE ARD ~ ~~~ ~loi~.~ S ITEM NUMBER; 4
REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
COMMENTS
BUREAU OF RECLAMATION:
L
P6~°"G
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
BEFORE THE MERIDIAN CITY COUNCIL
APPLICATION OF WINNIE ARD
FOR A VARIANCE FROM 11-2-411 D 1. WHICB REOUIRE3 A
1,400 SOUARE FOOT HOME IN THE R-4 ZONE
FINDINGS OF FACT AND CONCLUSIONS
The above entitled variance request having come on for
consideration on June 3, 1997, at .approximately 7:30 o'clock p.m.
on said date, at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, the Applicant appearing through her
representative, John Vieweg, 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 public hearing on the variance was
published for two consecutive weeks prior to the scheduled hearing
on June 3, 1997, the first publication of which was fifteen (15)
days prior to said hearing; that the matter was duly considered at
the June 3, 1997, hearing; that copies of all notices were
available to newspaper, radio, and television stations.
2. That 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 met a
FINDINGS OF FACT AND CONCLUSIONS OF LAW
VARIANCE REQUEST OF WINNIE ARD page - 1
3 . That 2-411 D, 1. , requires single-family homes in the R-4
zoning district to have a minimum of 1,400 square feet; that
section reads, in part, as follows:
1. all new single-family detached housing in the R-4
District shall be constructed to contain at least one
thousand four hundred (1,400). square feet of living space
(garage not to be included in determining living space).
4. That the property is zoned R-4 Residential and the
description of that zone in 11-2-408 B, ZONING DISTRICTS, states as
follows
(R-41 Low Density Residential District - Only single-family
dwellings shall be permitted and no conditional uses shall be
permitted except for Planned Residential Development and
public schools. The purpose of the (R-4) District is to
permit the establishment of low. density single-family
dwellings, and to delineate those areas where predominately
residential development has, or is likely to occur in accord
with the Comprehensive Plan of the City, and to protect the
integrity of residential areas by prohibiting the intrusion of
incompatible non-residential uses. The (R-4) District allows
for a maximum of four ( 4 ) dwelling units per acre and requires
connection to the Municipal Water and Sewer systems of the
City of Meridian.
5. The Applicant is the owner of record of the property.
6. That the Applicant has requested that she be granted a
variance from the above requirement and be allowed to have a home
of 1,368 square feet rather than the required 1,400 square feet.
7. John Vieweg, the representative of the builder of the
home, testified that the house plan that Mrs. Ard wanted wou],d not
fit on the lot. so they narrowed it down and moved a few lines
around and tried to squeeze things to make it fit until she was
satisfied with the house. He stated that he thought they ended up
with pretty much the same square footage and the discrepancy did
FINDINGS OF FACT AND CONCLUSIONS OF LAW
VARIANCE REQUEST OF WINNIE ARD Page - 2
not come to anyone's attention until her appraiser, at closing, did
same measuring and found out that they were about 30 to 40 feet
short and a little bit below the 1,400 square feet. At that time
Mrs. Ard approached us and we agreed to come before the Council and
try to get the variance. He stated that they had talked to the
developer who did not seem to have a problem with the variance and
that they had met all of the requirements as far as public notice
and sending out letters to all the adjoining property owners. Mr.
Vieweg also testified that Mrs. Ard was the owner of record.
8 . Eric Thompson, an owner of a house and lot near Mrs . Ard,
testified that his only concern with the variance was whether it
would lower the value of homes around her home. He stated that he
did not feel the variance was appropriate since the subdivision is
a minimum of 1,400 square feet subdivision and that there were some
mistakes made but that he was looking at it from the cost or the
value of the homes around it being depreciated. He also later
testified th~it he remembered when the house was being built and in
the framing process, that they found out, and Mrs. Ard had noted,
that there was a variance [requirement] at that time.
9. At the end of Mr. Vieweg's testimony he stated that it
was prior to the house being completely completed when I was told
that there was a variance someplace.
10. Councilman Morrow stated that it seemed like an honest
mistake, that it was not discovered by the City's Building
Department, that it was not found out by the architectural control
FINDINGS OF-FACT AND CONCLUSIONS OF LAW
VARIANCE REQUEST OF WINNIE ARD Page - 3
committee, and that all of the fail safe stops that were in place,
failed. He also stated that it would be a hardship to all parties
to add an additional 32 feet onto this house, that the house was
built to plans and specifications, and it was not discovered until
the final appraisal that the house was only 1,368 square feet
instead of the required 1,400 square feet. That it appeared that
none of this hardship was caused by Mrs. Ard.
11. That the City has not received comments from the Ada
County Highway District, the Planning Director, or City Engineer's
Department and if they are received they shall be incorporated
herein as if set forth in .full. The Meridian Police Department,
Fire Department and Sewer Department submitted comments but did not
state that they had problems with the variance.
12. Also, the Central District Health Department and the
Nampa & Meridian Irrigation District did not submit comments.
13. That proper notice was given as required by law and all
procedures before the Planning and Zoning Commission were followed.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
within 300 feet of the external ,boundaries of the Applicant's
property.
2. That the City has authority to grant variances pursuant
to Section 11-9-612 of the Subdivision and Development Ordinance;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
VARIANCE REQUEST OF WINNIE ARD Page - 4
that 11-9-612 B 1. a. states that the variance procedure shall
follow requirements contained in 2-419.
3. That the City Council has judged this application by the
guidelines, standards, criteria, and policies contained in the
Zoning Ordinance the Subdivision and Development Ordinance and upon
the record submitted to it and the things upon which it may take
judicial notice.
4. That the City 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 provision of Section 11-9-612,
Variances, of the Development Ordinance is noted which is pertinent
to this Application:
11-9-612 A. 1. PURPOSE
The Council, as a result of unique .circumstances (such as
topographic - physical limitations or a planned unit
development), may grant variances from the provisions of this
Ordinance on a finding that undue hardship results from the
strict compliance with specific provisions or requirements of
the Ordinance or that application of such provision or
requirement is impracticable.
6. That the specific requirements regarding a variance
that must be evidenced and found by the City Council are as
follows:
11-9-612 A. 2. FINDINGS
No variance shall be favorably acted upon by the Council
unless there is a finding, as a result of a public hearing,
that all of the following exist:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
VARIANCE REQUEST OF WINNIE ARD Page - 5
a. 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; in such cases, the subdivider shall first state
his reasons in writing as to the specific provision or
requirement involved;
b. That the strict compliance with the requirements of this
Ordinance would result in extraordinary hardship to the
subdivider because of unusual topography, other physical
conditions or other such conditions which are not self-
inflicted, or that these conditions would result in inhibiting
the achievement of the objectives of this Ordinance;
c. That the granting of the specified variance will not be
detrimental to the public welfare or injurious to other
property in the area in which the property is situated;
d. That such variance will not violate the provisions of the
Idaho Code; and
e. That such variance will not have the effect of nullifying
the interest and purpose of this Ordinance and the
Comprehensive Development Plan.
7. That there does appear to be a benefit, profit, economic
gain or convenience to the Applicant in that the Applicant would
have to add an additional 32 square feet to the house.
8. That there was one person testifying at the public
hearing, but he stated that his concern was the possible loss in
value to the homes surrounding Mrs. Ard's home.
9. That regarding Section 11-b-612 A it is specifically
concluded as follows:
a. That there are no special circumstances or conditions
affecting the property that the strict application of the
provisions. of this Ordinance would clearly be unreasonable,
but the Applicant is not the person or party that caused the
lack of the required square footage.
b. That strict compliance with the requirements of this
Ordinance would result in extraordinary hardship to the
Applicant as a result of factors not self-inflicted.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
VARIANCE REQUEST OF WINNIE ARD Page - 6
c. That the granting of the specified 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 if this variance were granted it would not mean that
any other property or lots would have the ability to be able
to reduce the size of the homes constructed on them.
10. That it is concluded the Application should be granted
and the variance would be in the best interests of the City.
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 MORROW
COUNCILMAN BENTLEY
COUNCILMAN ROUNTREE
COUNCILMAN TOLSMA
MAYOR CORRIE (TIE BREAICER)
APPROVED:
VOTED.
VOTED
VOTED
VOTED
VOTED
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
VARIANCE REQUEST OF WINNIE ARD Page - 7
DECISION
Upon motion duly made and seconded, the Application of WINNIE
ARD for a variance from 11-2-411 D, 1. to have a 1,368 square foot
home rather than the required 1,400 square feet, is hereby granted.
APPROVED:
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
VARIANCE REQUEST OF WINNIE ARD Page - 8
I PAGE 01
~~~~fyk~ +~IF~~ov~~
Meridian City Clerks Office ~ U N 1 6 997 ~ b 1g91
City of Meridian "ITY OF iVIERIDI~iV ~'lTY t3F i1r'IERIDIlaN
Meridian, Idaho 83642
Att: Anna,
JUB Engineering has informed me that because of the delays in getting all the information they
need for the preliminary plat that they will not be ready for June 17'" meeting with the City
Council and request an extension until the July 1'' meeting. They are hesitant to go before the
Council with less than what they feel is needed for their presentation.
i am, therefore, requesting another extension until the July 1'` meeting.
I appreciate your continued cooperation.
Sinc ly you
Lotin C Saunders
Broadway Estates
6,14,97
JUN 13 '97 19 06 208 888 7176 PAGE. 01
b ~
MERIDIAN CITY COUNCIL MEETING: June 3,1997
APPLICANT: WINNIE ARD '" S~eTk~~. rlDh,t.S ITEM NUMBER; 10
REQUEST: VARIANCE TO 1400 SQUARE FOOT HOUSE SIZE REQUIREMENT
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT: "REVIEWED"
CITY FIRE DEPT: SEE ATTACHED COMMENTS
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
F~~~~
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
WILLIAM G. BERG, JR., City Clerk
JANICE L. SMI7Fi, City Treasurer
GARY' D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Potice Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public WorksBuilding Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
ROBERT D. CORRIE
Mayor
couN I M ~~e Pc
WALT W. MORROW. PresiCer•~
RONALD R. TOLS\tA
CHARLES M. ROUNTREE
GLENN R. BENTLEY
P & Z GOMMI~~ION
JIM JOHNSON, Chairman
GREG OSLUND
MALCOLM MACCOY
KEITH BORUP
RON MANNING
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the
Meridian City Council, please submit your comments and recommendations to
Meridian City Hall, Attn: Will Berg, City Clerk by: Mav 27. 1997
TRANSMITTAL DATE: 5/20/97 HEARING DATE: 6/3 /97
REQUEST: Variance for Lot 6 Block 4 Bedford Place Subdivision
BY: Winnie Ard
LOCATION OF PROPERTY OR PROJECT: 447 E. Baldwin Street
JIM JOHNSON, P2
MALCOLM MACCOY, P2
RON MANNING, P2
BYRON SMITH, P2
KEITH BORUP, P2
ROBERT CORRIE, MAYOR
RONALD TOLSMA, C/C
CHARLIE ROUNTREE, C/C
WALT MORROW, C/C
GLENN BENTLEY, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
!FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN G (PRELIM & FINAL PLAT)
BUREAU OF REC (RELIM 8t FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE RE AR S:
,. -
HUB OF TREASURE VALLEY
WILLIAM C. BERG, JR., C1ty Clerk
JP,N!C~ L. SMITH, City Treasurer
GARY D. SMITH, P.E., Clty Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public WorksBuilding Departrnent (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
ROBERT D. CORRIE
Mayor
COUN IL M MBER
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTLEY
P & Z GOMM13SInN
JIM JOHNSON, Chairman
GREG OSLUND
MALCOLM MACCOY
KEITH BORUP
RON MANNING
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the
Meridian City Council, please submit your comments and recommendations to
Meridian City Hall, Attn: Will Berg, City Clerk by: May 27, 1897
TRANSMITTAL DATE: 5/20/97 HEARING DATE: 6/3 /97
REQUEST: Variance for Lot 6. Block 4 Bedford Place Subdivision
BY: Winnie Ard
LOCATION OF PROPERTY OR PROJECT: 447 E. Baldwin Street
JIM JOHNSON, P2
MALCOLM MACCOY, P2
RON MANNING, P2
BYRON SMITH, P2
KEITH BORUP, P2
ROBERT CORRIE, MAYOR
RONALD TOLSMA, C/C
CHARLIE ROUNTREE, C/C
WALT MORROW, C/C
GLENN BENTLEY, C/C
WATER DEPARTMENT
-SEWER DEPARTMENT
-BUILDING DEPARTMENT
FIRE DEPARTMENT
-POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM 8 FINAL PLAT)
U.S. WEST(PRELIM 8 FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES ~--
OTHER: ~~ ~ ~ `- ~f ~,
YOUR CONCISE REMARKS:
G ~. ~,.,o
_ I i I
(mil I. + ~t~
HUB OF TREASURE VALLEY
WILLIAM G. BERG, JR., City Clerk
JANICE L. ySM1.TH, City Treasurer
GARY`D. SMITH, P.E., City Engineer
BRUCE D. STIIART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P 8 Z Administrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public WorksBuilding Departrnent (208) 887-2211
Motor Vehicle/Drivets License (208) 888-4443
ROBERT D. CORRIE
Mayor
CO iN I I~AFf~AB Rc
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTLEY
P & Z GOMMIS';iON
JIM JOHNSON, Chairman
GREG OSLUND
MALCOLM MACCOY
KEITH BORUP
RON MANNING
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the
Meridian City Council, please submit your comments and recommendations to
Meridian City Hall, Attn: Will Berg, City Clerk by: Mav 27. 1997
TRANSMITTAL DATE: 5/20/97 HEARING DATE: 6/3 /97
REQUEST: Variance for Lot 6 Block 4 Bedford Place Subdivision
BY: Winnie Ard
LOCATION OF PROPERTY OR PROJECT: 447 E. Baldwin Street
JIM JOHNSON, P2
MALCOLM MACCOY, P2
RON MANNING, P2
_BYRON SMITH, P2
-KEITH BORUP, P2
-ROBERT CORRIE, MAYOR
-RONALD TOLSMA, C/C
-CHARLIE ROUNTREE, C/C
-WALT MORROW, C/C
-GLENN BENTLEY, C1C
-WATER DEPARTMENT
SEWER DEPARTMENT
-BUILDING DEPARTMENT
FIRE DEPARTMENT
-POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM $ FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM $ FINAL PLAT)
U.S. WEST(PRELIM $ FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM $ FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM $ FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
A/U /,'~ .v~ ~a~ ~dt S
°I ~~/
...~.
4:t ~:+• '~sY
,ry,i:. },.:
06/03/1997 11:27
12083778962
BRIGHTON CORPORATION
BYZg~Z~~n
Corporation
June 3, 1997
Shari Stiles
City of Meridian
33 E. Idaho
Meridian, ID 83642
Via Facsimile (88?-4813)
RE: Winnic Ard/Stetson Homes Variance Request
I,ot 6 Block 4 Bedford Place Subdivision
Dear Shari:
PAGE
I received notice of the Variance Request application for Stetson FIomes to be heard by
the City Council this evening. Apparently, there is a discrepancy of some 30 sq. ft. under
the 1400 sq. ft. minimum. I spoke with Winnie Ard about this issue some time ago. At
the time, she seemed to be primarily concerned about being able to receive a variance from
the City. 1f the builder and the owner have resolved the issue between themselves, I have
no objection to the variance request. I believe all of the surrounding subdivisions have
1300-1350 sq. ft. minimum house sizes and I do not believe this home will have a
detrimental effect on the value of the surrounding homes.
Sincerely,
David Turnbull
DWT/hs
12426 W. Explorer Drive, Suite 220 Boise, Idaho 83713 TEL 208-378-4000 FAX 208-377-8962
JUN 03 '9? 11 31 12083778962 PAGE.01
HUB OF TREASURE VALLEY
WILLIAM G. BF_RG, JR., Clty Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P ?~ Z Administret6r
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chfef
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
October 4, 1996
Mr. Stan Ray
Stetson Homes
595 E. State Street
Eagle, ID 83616
A Good Place to Live
CITY OF 1~IERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public WorksBuilding I~trnent (208) 887-2211
Motor Vehicle/Driven; License (208) 8$8-4443
ROBERT D. CORRIE
Maya
Re: Violation of Annexation/Plat Requiremelrts
447 E. Baldwin Street
Dear Mr. Ray:
COUNCIL MEMBERS
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTLEY
P & Z COMMISSION
JIM JOHNSON, Chairman,
TIM HEPPER
JIM SHEARER
GREG OSLUND
MALCOLM MACCOY
It has been brought to my attention that the home constructed at the above-referenced address
does not meet the minimum building standards which were dictated for this property as a
condition of annexation and plat approval. Namely, the ordinance annexing this property into the
City of Meridian seta 1,400-squaze-foot minimum house size, excluding garage, which
requirement is also plainly noted on the recorded plat. Although the plans submitted to obtain the
building permit depicted a 1,400-square-foot home, the square footage of the building as
constructed is only 1,368 square feet.
The protective covenants for this subdivision also require a minimum 1,400-square-foot home.
Though the City does not enforce covenants, the developer, by copy of this letter, is being
notified of the non-conforming building. If additional square footage is not added to the home,
you will need to attempt to obtain a variance from the Meridian City Council. Enclosed is a form
for your use. This letter is not an indication that such a variance may be obtained; there aze very
specific requirements for a variance that must be proved in order for such a variance to be
granted.
Please contact my office as soon as possible with your schedule for bringing this residence into
compliance. If you have any questions, please do not hesitate to call me.
Sincerely,
/Enclosure
CITY OF MERIDIAN
~C=G~G/'zS
~~
Shari L. Stiles
Planning & Zoning Administrator
cc: Daunt Whitman, Building Inspector
Brighton Corporation
Ms. Winnie Ard
** TX CONFIRMATION REPORT **
AS OF OCT 08 '96 09 09 PAGE.01
CITY OF MERIDIAN
DATE TIME TOiFROM
08 10108 09 07 12089397548
OFFlCII.1 c
WILLIAM G. BERG. JR., Cky dark
JANICE L Gass, cny Treasurer
GARY O. SMITH, P.E., Clty F.nylneer
BRUCE D. STUART, Water WoAce Supt
JOHN 7, SHAWCROFT, Waste Water Supt
DENNIS J. SUMMERS, Parlo Supt
SHARI L STILES, P 8 ZAdmkliedator
PAm A. WOLFKIEL, DMV Supervisor
KENNETH W. 90WERS. Flre Chief
W.I..'BILL' GORDON. Police Chief
WAYNE G. CRDOKSTON. JR., Attomay
MODE MINiSEC PGS CMDtt STATUS
G3--S 02'26" 004 038 OK
NUB OF TREASURE yAl7.Fy
A Good Plato to Live
CITY 4F MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Plrotu: (208) 888433 • FAX (108) 889.4813
Pnblie Wodrs/8eildiag Dcpemneut (108) 887-721
Motor YehieldDrivees Liceeae (208) 888-4443
ROBERT A CORRIE
Il~ayoT
FACSIMILE COVER SHEET
rotg~ _I M 1~!e as
WAIT W. MORROW. Preeitlern
RONALD R. TOLSMA
CHARLES M.ROUNTREE
GLENN R. BENTLEY
P a 2 COMMI_aelON
JIM JOHNSON, Chairman
TIM HEPPER
JIM SHEARER
GREG OSLUNO
MALCOLM MACCOY
r
TO: FAX NUMBER: ~ ' 13 .S`~$ DATE: /r~ ~ ~~
~'l rl
DELIVER
7(TLEIDEPARTMENT: ~j' 1 /
ADDRESS: ->~TPTS!%~ /7~'mN3
CONFIDENTIAL: YES NO y
TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): L'
FROM: CITY OF MERIDIAN - FAX NUMBER (208) 8>?7-4813
NAME:
TITLE/DEPARTMENT:
~_
i~
~/~°-s
COMMENTS:
PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS
SUCCESSFULLY. (208) 888-4433
interoffice
M E M O R A N D U M
to: SHARI STILES
cc:
from: DAUNT WHITMAN
re: SQUARE FOOTAGE ORDINANCE VIOLATION
date: September 19, 1996
THE HOUSE THAT WAS BUILT AT 447 E.BALDWIN ST. IN BEDFORD PLACE
WAS PERMITTED AS A 1400 SQ.FT. HOUSE AND WAS ACTUALLY ONLY
1368 SQ.FT.. IT HAS BEEN SOLD AND THE OWNER HAS BEEN MADE
AWARE OF THE DIFFERENCE IN SIZE. IT IS A VIOLATION OF THE
COVENANTS OF THE SUBDIVISION AS WELL AS THE CITY ORDINANCE.
PLEASE WRITE THE BUILDER A LETTER LETTING HIM KNOW HE HAS
VIOLATED THE CODE AND THAT HE SHALL REMEDY THE SITUATION.
THE OWNER IS IN THE PROCESS OF A LAWSUIT OVER THE DISCREPANCY
IN SQUARE FOOTAGE AND PRICE. THIS DOESN"T CONCERN US BUT THE
ORDINANCE VIOLATION SHOULD.
THE HOUSE IS ON LOT 6, BLOCK 4 BEDFORD PLACE. BUILDING PERMIT
NUMBER 15140.
~~' ~
1 Sir
5~
m~~ ~`~^~
l'
(~s. W~" c p~ ~,,,,, ._
~~~~~ w ~~ °~`~
sw~ ~
~3 ~/3
HUB OF TREASURE VALLEY
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
October 4, 1996
~PTS(In ~Ate.S
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public WorksBuilding Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
ROBERT D. CORRIE
Mayor
COUNCIL MEMBERS
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M.ROUNTREE
GLENN R. BENTLEY
P & Z COMMISSION
JIM JOHNSON, Chairman
TIM HEPPER
JIM SHEARER
GREG OSLUND
MALCOLM MACCOY
Mr. Stan Ray ~-~ DDS 1'10 ~ `~ ~~~
Stetson Homes c~ ~ 11'~
595 E. State Street ~ ~r;~~~~(
Eagle, ID 83616 ~ V
Re: Violation of Annexation/Plat Requirements
447 E. Baldwin Street
Dear Mr. Ray:
It has been brought to my attention that the home constructed at the above-referenced address
does not meet the minimum building standards which were dictated for this property as a
condition of annexation and plat approval. Namely, the ordinance annexing this property into the
City of Meridian seta 1,400-square-foot minimum house size, excluding garage, which
requirement is also plainly noted on the recorded plat. Although the plans submitted to obtain the
building permit depicted a 1,400-square-foot home, the square footage of the building as
constructed is only 1,368 square feet.
The protective covenants for this subdivision also require a minimum 1,400-square-foot home.
Though the City does not enforce covenants, the developer, by copy of this letter, is being
notified of the non-conforming building. If additional square footage is not added to the home,
you will need to attempt to obtain a variance from the Meridian City Council. Enclosed is a form
for your use. This letter is not an indication that such a variance may be obtained; there are very
specific requirements for a variance that must be proved in order for such a variance to be
granted.
Please contact my office as soon as possible with your schedule for bringing this residence into
compliance. If you have any questions, please do not hesitate to call me.
Sincerely,
CITY OF MERIDIAN
°'~ ~ Q~C-GAG-~'z.s
~~ ~~/
Shari L. Stiles
Planning & Zoning Administrator
/Enclosure
cc: Daunt Whitman, Building Inspector
Brighton Corporation
Ms. Winnie Ard
w I Ii. T !J~ ' '~F U'~ ~ l]~ FR C: I T'Y I IF f'lER I Ii I HPd ~Gl] ~_~~? 4c~1 ~ TI] 9?'~?~~}h F .1=T?;'1=9~1
CITE OF MERIDIAN
33 East Idaho Street, Meridian, ID 83642
:~ pro ~~ .
~~ ~' VARIANCE APPLICATION
^~ ~ (RE: Meridian Zoning Ordinance)
1r
AME:
(owner ~r holder of valid option)
ADDRESS:
Phone:
_}ENERAL LOCATION:
LEGAL DESCRIPTION OF PROPERTY:
PROOF OF OWN HIP OF VALID OPTION: A copy of your property deed or option
agreement must be attached.
PRESENT ZONE CLASSIFICATIQN:
VItCINYTY SKETCH: A vicinity map and/or site plan at a scale approved by the City showing
property lines, streets existing and proposed zoning and such other items as the City may require.
SURROUNDING PROPERTY OWNERS: A list of alt property owners and addresses within,
contiguous to, directly across the street from, and within a 300' radius of the pafcel(s) proposed
for a variance rrtust be attached. (This information is available from the County Assessor.)
DESCRIPTION OF PI70POSED VARIANCE:
SIGNATURE: _ , ,
CITY ~~N'CIi,~RECO~
Date Received
City Council Hearin bate
Received by _-_.--
` LiC:T ~~ ' a~~ ~ ~~ : ~~, FF' i I T`r' OF MER I L:~
E _ I HP! ~'1=1~ o~ ~ 4~=~1~ TLI ~~3~~?~4c1 F' . ~~;'E1~1
APPLICATION AND STANDARDS FOR VARIANCES
A variance from the terms c>f this Ordinance shall not he granted by the Council unless and until
a written application for a variance is submitted to the Administrator and the Council. Provide
a written narrative containing, where applicable, the following outlined information:
I. Address of subject property.
2. Name, address and phone number of applicant.
3. Name, address and phone number of owners of subject property.
4. Proof of ownership or valid option on the property or a contract interest therein with
consent of the titled owner.
5. Legal description of subject property.
6. Present use of subject property.
7. What is intended to be done on or with the property.
8. The district that pertains to the subject property.
9. Vicinity map at a scale approved by the Council showing property lines, existing streets.
proposed district and such other items as may be required.
10. Schematic building plans which indicate typical elevation and floor plan of any proposed
construction.
11. A list of the mailing addresses of all property owners (frvrn authentic tax records of Ada
County) within three hundred feet (300') of the external boundaries of the land being
considered and a listing of the mailing addresses of all property owners within the area
of the land being considered.
I2. Characteristics of subject property which prevent compliance with the requirements of this
Ordinance.
13. Mimimum requirements of this Ordinance that need to be reduced to permit proposed use_
I4. Diffculry or hardship which would result if requirements of this Ordinance were applied
to subject property.
I5. Unusual or peculiar circumstances which indicate that regulations of this Ordinance
should not be strictly complied with.
Ib. 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.
Ir: T ~c~ ' '~6 G1'~ : t=1'~ FF t_ I T`r [IF h1ER I D 1 r~~ l '~~~~ n~i? 4~~ 1. ~ TI I '~?ti ~ ~4~~ F' .1~~:••4~4
17. Statement that a literal interpretation of the provisions of this Ordinance shall deprive the
applicant of rights commonly enjoyed by other properties in the same district under terms
of this Ordinance.
1$. Statement that special conditions or circumstances exist that were not a resuli of the
applicant's action.
19. Statement that granting the variance requested shall not confer on the applicant any
special privilege that is denied by this Ordinance to other lands, structures or buildings
in the same district.
20. Relationship of the proposed variance to the Meridian Comprehensive Plan.
21. A fee established by the Council -
~,~~.
($250.0[1 + $1~~9 for each certified mailing to be sent =Total Fee)
22. A statement of how ih~ granting of the variance would convenience the applicant and how
the applicant would profit therefrom, which statement shall also represent whether profit
and convenience is the sole reason why the variance is requested.
23. The property will be posted 1 week before the hearing stating that the Applicant has
applied for a Variance. There must be a signed affidavit that this has been done as pan
of the application .