Kingsbridge VAR 11-001BEFORE THE MERIDIAN CITY COUNCIL
C/C OS-24-11
1N THE MATTER OF THE REQUEST
FOR A BLANKET VARIANCE TO
ALLOW TWO STORY HOMES WITH
A 7.5 FOOT INTERIOR SIDE SETBACK
INSTEAD OF THE REQUIRED 7.5 PER
STORY INTERIOR SIDE SETBACK
WITHIN KINGSBRIDGE SUBDIVISION
Case No. VAR 11-001
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL
FOR
BOISE HUNTER HOMES
APPLICANT. )
The above entitled variance application having come on for public hearing on May 24,
2011, at the hour of 7:00 o'clock p.m. at Meridian City Hall, 33 East Broadway Avenue,
Meridian, Idaho. Bill Parsons, Meridian Planning and Zoning Department, and Scott
Noriyuki, Northside Management, LLC, appeared and testified on behalf of Boise Hunter
Homes, and the City Council having duly considered the evidence and the record in this matter
therefore make the following Findings of Fact and Conclusions of Law, and Decision and
Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for annexation and zoning was
ublished for two (2) consecutive weeks prior to said public hearings scheduled for May 24,
p
201 1, before the City Council, the first publication appearing and written notice having been
mailed to property owners or purchasers of record within three hundred (300') feet of the
external boundaries of the property under consideration more than fifteen (15) days prior to
said hearings and with the notice of public hearings having been posted upon the property
under consideration more than one week before said hearing; and that copies of all notices
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR
KINGSBRIDGE SUBDIVISION; CASE N0. VAR 11-001- PAGE 1 OF 4
were made available to newspaper, radio and television stations as public service
announcements; and the matter having been duly considered by the City Council on May 24,
201 1, public hearing; and the applicant, affected property owners, and government
subdivisions provided services within the planning jurisdiction of the City of Meridian, having
been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §§67-6509 and 67-6511, and §11-5A, Municipal Code of the City of Meridian.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Title 1 1, Municipal Code of the City of Meridian, and all
current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian
ado ted Au ust 6, 2002, Resolution No. 02-3 82, and maps and the ordinance Establishing the
p g
Impact Area Boundary.
4. The property is generally located on the east side of S. Eagle Road midway
between E. Victory Road and E. Amity Road in the northwest'/4 of Section 28, Township 3
North, Range 1 East, Meridian, Idaho.
5. Boise Hunter Homes whose address is 1025 S. Bridgeway Place, Eagle, Idaho,
is the current property owner and applicant.
6. The Applicant requests a blanket variance to deviate from the dimensional
standards of the R-2 zone which requires a 7.5 foot per story interior side setback. The
Applicant is seeking a variance to allow two story homes with a 7.5 foot interior side setback
instead of the required 7.5 per story interior side setback. The request is for forty-five (45)
interior lots within the subdivision. The property which is the subject of this application is
within the City of Meridian.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the "Local
Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council shall apply the standards listed in Idaho Code § 67-
6516 and all the findings listed in Section 11-SB-4.E of the UDC to review the variance
request. In order to grant a variance, the Council shall make the following findings:
a. The variance shall not grant a right or special privilege that is not otherwise
allowed in the district.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR
KINGSBRIDGE SUBDIVISION; CASE N0. VAR 11-001-PAGE 2 OF 4
b. The variance relieves an undue hardship because of characteristics of the site.
c. The variance shall not be detrimental to the public health, safety and welfare.
3. Due consideration has been given to the comment(s) received from the
governmental subdivisions providing services in the City of Meridian planning jurisdiction.
4. That this denial is in accordance with the attached Staff Report for the hearing
date of May 24, 2011, incorporated by reference.
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:
That the application for variance is denied for the following reasons:
1) Granting this variance would grant a right or special privilege to the applicant
that is not otherwise allowed in that district. A variance is meant to be
considered on a case by case basis and the subject request is for a blanket
variance to deviate from the dimensional standards of the R-2 zone.
2) There no undue hardship in this matter since the property is vacant and has no
site characteristics that cause an undue hardship. There are no physical
limitations that preclude compliance with the R-2 setbacks.
3) Granting this variance would not be detrimental to the health, safety and welfare
of the public given the fact that many other residential zoning districts have less
restrictive interior side setback than the R-2 zone.
By action of the City Council at its regular meeting held on the day of June, 2011.
ROLL CALL:
COUNCILMAN KEITH BIRD VOTED
COUNCILMAN BRAD HOAGLUN VOTED
COUNCILMAN CHARLIE ROUNTREE VOTED
COUNCILMAN DAVID ZAREMBA VOTED
MAYOR TAMMY de WEERD (TIE BREAKER) VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR
KINGSBRIDGE SUBDIVISION; CASE N0. VAR 11-001-PAGE 3 OF 4
DATED. ~: {~3 ~~ ~ . t~
` DISAPPROVED:
MOTION: APPROVED:
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MAYOR TAMMY de WEERD
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Copy served upon Applicant, the Planning and Zoning Department, Public Works Department,
and City Attorney.
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Dated: ~~~
By: ~~
City Clerk's Office
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR
KINGSBRIDGE SUBDIVISION; CASE N0. VAR 11-001-PAGE 4 OF 4