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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 .