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MAYOR
Tammy de Weer<!
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CITY HALL
(208) 888-4433 - Fax 887-48 L3
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211- Fax 898-9551
CITY COUNCIL MEMBERS
Keith Bini
William LM. Nary
Shaun Wardle
Charles M. Rountree
10AHO
LEGAL DEPARTMENT
(208) 466-9272 - FAX 466-4405
STAFF REPORT:
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From:
Mayor & City Council
Sonya Allen, Assistant City Planner ð-f
ÞPR -- 2 2001,
To:
Re:
Of Meridi aJl
Clerk Office
Request for a Variance for a One-year Time Extension to File the Final
Development Plan for Autumn Faire Crossing Subdivision by Gemstar
Properties, LLC. (File # VAR-O4-003).
APPLICATION SUMMARY & BACKGROUND
The Applicant, Gemstar Properties, LLC, is requesting a variance from Meridian City Code
(MCC) 12-3-6, "Approval Period", which requires the applicant to submit the final development
plan within one year of Council approval of the preliminary development plan. The applicant is
requesting a one-year time extension since they have exceeded the allowed time period. The
reason for the delay in submitting the final plat, as stated in the application, is due to a change in
phase sequence in which the final plat application was not prepared and submitted within the
timelines specified by MCC. If this time extension request is approved, the applicant states that
a final development plan will be submitted immediately following the variance hearing.
The preliminary plat (pP-OO-O23) for Autumn Faire Crossing Subdivision was approved on
December 18, 2001.
For clarification, this project was noticed as a request for a time extension to record the final
plat instead of to file the final development plan.
Staff believes that the required findings for this project cannot technically be met and therefore
recommends denial of this request with the comments and conditions stated in this report.
Mayor & City Council
Hearing Date: April 6, 2004
Page 2 of 4
LOCATION
Autumn Faire Crossing Subdivision is located approximately \4 mile west ofN. Black Cat Road
and Y, mile north ofW. Cherry Lane, in the NE \4 of Section 4, T.3N., R.l W.
REOUIRED FINDINGS
According to Ordinance 12-11-2, Variance Findings, the Council may authorize in specific
cases a variance from the tenns of either the Zoning or Subdivision Ordinance. Specifically, the
Ordinance lists the following Findings, all of which must be determined before granting a
variance:
A.
That there are such special circumstances or conditions affecting the
property that the strict application of the provisions of this Title would
clearly be impracticable or unreasonable. In such cases, the subdivider shall
f'Irst state his reasons in writing as to the specif'Ic provision or requirement
involved;
The Applicant states that due to a change in phase sequencing, the final plat
application was not prepared and submitted within the required timeline specified
in MCC 12-3-6. This is the only special circumstance that was cited in the
application.
Staff finds that the reason cited above is not substantial grounds to approve a
variance. We do not find that the required phasing schedule in the ordinance is
impracticable or unreasonable. The Council should rely on further explanation
from the applicant to determine if there are other special circumstances that
affect this property in a manner that would make strict application of MCCI2-3-
6A or B unreasonable.
B.
That strict compliance with the requirements of this Title would result in
extraordinary hardship to the owner, subdivider or developer because of
unusual topography, the nature or condition of adjacent development, other
physical conditions or other conditions that make strict compliance with this
Title unreasonable under the circumstances, or that the conditions and
requirements of this Title will result in inhibiting the achievements or the
objectives of this Title;
Staff finds that strict compliance with the requirements of this Title is not due to
unusual topography, adjacent development, or other physical conditions of the
site. Council shall detennine if there are other conditions that make strict
compliance with this Title unreasonable, or that compliance with the Ordinance
FP-O4-003
Autumn Faire Crossing V AR TE.doc
Mayor & City Council
Hearing Date: April 6, 2004
Page 3 of 4
will inhibit the achievements or objectives of this Title. One objective of Title 12
(Subdivision Ordinance) is to ensure that plats are recorded in a consistent and
reasonably predictable timeframe and to follow the requirements of Idaho Code.
It could be argued that the City has more assurance of this plat being recorded
and the development proceeding if this Variance is approved.
C.
That the granting of the specif'Ied variance will not be detrimental to the
public's welfare or injurious to other property in the area in which the
property is situated;
Staff finds that the requested variance will not necessarily be detrimental or
injurious to the public's welfare or to the other properties in the area as long as
current ordinances are met at the time of building permit for all lots within the
subdivision.
The City Council should rely upon any public testimony offered concerning
whether or not the surrounding property owners feel that the requested variance
will affect their properties.
D.
That such variance will not violate the provisions of the Idaho Code.
Staff is unaware of provisions of Idaho Code that would be violated by the
issuance of the requested variance.
E.
That such variance will not have the effect of altering the interest and
purpose of this Title and the Meridian Comprehensive Plan.
Staff finds that the issuance of a variance for this project will not directly alter
the interest and purpose of the Meridian City Subdivision Ordinance, which is
intended to ensure orderly development occurs within the established timeframe.
The Applicant has stated they intend to submit the final development plan
immediately upon approval of this request.
RECOMMENDATION
As noted in the Surnrnary above, Staff does not believe the required findings can teclmically be
met for this Variance application. Therefore, we recommend denial of the request. That being
said, City Council has approved several similar applications for time extension requests in the
past.
If the City Council denies the variance request, the Applicant will be required to re-submit the
Preliminary Plat application. An approval will allow the Applicant to proceed in the subdivision
approval process by submitting the final development plan. If approved, the applicant has
FP-O4-003
Autumn Faire Crossing V AR TE.doc
Mayor & City Council
Hearing Date: April 6, 2004
Page 4 of 4
requested that the deadline to file the final development plan be extended to one-year from the
date of approval if possible, but will attempt to get it completed sooner than that.
FP-Q4-003
Autumn Faire Crossing V AR TE.doc