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Home My WebLink AboutBaldwin Park VAR 01-020 CITY OF MERlDIAN Planning & Zoning Departm~mt 200 E. Carlton Avenue, Suite 201, Meridian: ID 83642 (208) 884-5533 Phone / (208) 888-6854 Fax VARIANCE APPLICATION (RE: Meridian Zoning Ordinance- l 1-18, Meridian Subdivision Ordinance- 12-11) APPLICANT: Capital Development Corporation ADDRESS: 2304 N. Cole Road, Boise, ID 83704 PHONE: 377-3939 OWNER(S) OF RECORD: ADDRESS: 2304 N. Cole Road, Boise, ID 83704 PHONE: 377-3939 FAX: ENGINEER, SURVEYOR, PLANNER: FAX: 375-3271 E-MAIL: None J. Ramon Yorgason and Marilyn Yorgason, husband and wife. 375-3271 E-MAIL: None Richard A. Cook, Planner/Project Manager ADDRESS: Briggs g. ngineering 1800 W. Overland Road, Boise, ID 83705 PHONE: 344-9700 FAX: 345-2950 E-MAIL: richardc~briggs- engineering.com. ADDRESS, GENERAL LOCATION OF SITE: approximately ¼ south of McMillan Road on the east side of Linder Road; located in the South ½ of the NW ¼ of Section 36, T.4N, R. 1W. PRESENT ZONE CLASSIFICATION: RT (R-8 Requested) PRESENT USE OF SUBJECT PROPERTY: Vacant PROPOSED USE OF SUBJECT PROPERTY: Develop a ninole-family residential subdivision consisting of 272 dwellin~, with approximately 10.2 acres of open space on 14 common lots, including two 1+ acre pocket parks, and .4 acres in 2 landscape buffer lots along Linder Road. DESCRIPTION OF PROPOSED VARIANCE: The applicant is requesting a variance on block lengths for one side of two blocks within the subdivision. I have read the information contained herein and certify the ~!onj~true an.d correct. ~ /~ Signature of Applicant: ~ ~ t~?/~/~ 0704/Baldwin Park CONTENTS OF VARIANCE APPLICATION (Incomplete applications ~ill not be processed) The Council shall not grant a variance from the terms of this Ordinance unless and until a written application for a variance is submitted to the Administrator and the Council. The apph'cation shall contain the following information: 1. Completed and signed application fom~ 2. Proof of title of said own~ (warranty deed) attached. 3. Notarized consent from titled owner of property attached. 4. Legal description of subject property attached. 5. What ordinance can you not comply with? Section 12-4-5: Blocks: Every block shall be so designed as to provide .... Blocks shall not be less than free hundred feet (500') nor more than one thousand feet (1,000') in length. 6. Provide a written statement - what prevents compliance with the ordinance? If we are to maintain good interior traffic circulation, provide pocket parks, micro- paths and comply with dimensional lot requirements, we will need a variance from the maximum block length standard for three of the blocks. Two oftbe blocks within the subdivision exceed the 1,000' maximum by 143' & 154'. Each of the streets has an intersecting street on one side (T-intersection) within the block as well as micro-paths to break up the block lengths and to provide pedestrians mid-block access. The T-intersections and micro-paths serve to reduce the block length. Provide a written statement - what are the minimum requirements of this ordinance that need to be reduced to pctnfit the proposed use? We are not requesting any variance ~om minimum standards. Provide a written statement - what is the difficulty or hardship that would result if requirements of this ordinance were applied to the subject property? If we are required to put in mid-block streets we will lose the mid-block micro-paths. Both cannot be feasibly provided in the same short block and we believe the micro- paths will he more hnportant to the residents than an additional street that is only 200' in length. Provide a written statement - any unusual or peculiar circumstances that indicate regulations of this ordinance that should not be strictly complied with? Providing a short mid-block street would inhibit good traffic circulation and eliminate a mid-block micro pa~ 0704/Baldwin Park I0. 12. 13. 14. 15. 16. 17. Provide a written statement that special conditiora and circumstances exist which are peculiar to the land, s~ucture or buildings involved which are not applicable to other lands, slxuctures or buildings in the same district. The location of the micro-paths, one of the pocket parks and the White Drain make the layout of this subdivision unique to its location. Provide a written statemem 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. Development of a mid-block street would destroy the integrity of the block, would be repetitive, unnecessarily add to development cost and would serve no useful purpose. Other developments have been granted block length variances under similar circumstances. Provide a written statement that special conditions or circumstances exist that was not a result of the applicant's action. The existing configuration ofthe property is not a result of actions by the applicant. Provide a written 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. The granting of this variance does not imply special privilege to the applicant since similar variances have been granted on other projects with the same or similar characteristics. Provide a written statement of how the 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. The variance requested is not out of convenience but from necessity. The pocket park location and micro-paths makes designing shorter block lengths difficult. The variance is not profit oriented, it is due to practicality. Provide a written statement regarding the relationship of the proposed variance to the Meridian Comprehensive Pla~ The variance request is confined to standards within the Zoning Ordinance and not addressed in the Comprehensive Plan. One (1) copy of a scalable 8 ½ x 11 site plan showing property lines, stre~s, etc., attached. One (1) copy of a vicinity map at a scale of one (1) inch equals three hundred (300) feet, that includes surrounding zonings, streets, etc., attached. 0704/Baldwin Park 18. 19. 20. 21. 22. If applicable, schematic building plans which indicate typical elevation and floor plan of any proposed construction. Not applicable. A list of the mailing addresses of all property owners within three hundred feet (3003 of the external boundaries of the land being considered. This list must be obtained from the City of Meridian Planning & Zoning Department. Please request list seven days prior to submitting application. List is attached. A fee established by the Council: Variance = $250.00 In addition to aborn fee, the applicant shall pay cost of mailings at a rote of $0.33 per notice, for one mailing. A signed affidavit stating that the property will be posted by the applicant 1 week before the public hearing. Posting must contain name of applicant, description of variance, and time and date of public beating. Official notices are available at the Planning & Zoning Department or at Bfiggs Engineering will post the property. Affidavit attached. Atter the property has been posted, the applicant shall deliver to the Zoning Administrator a notarized statement that he has posted the property and the date the posting was placed. Briggs 0?04/Baldwin Park DESCRIPTION FOR CAPITAL DEVELOPMENT PARCEL ,2. October 13, 2000 A parcel of land located in the South ~ of the NW ~ of Section 36, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the SW comer of the NW % (West % corner) of Section 36, T. 4 N., R. 1W., B.M., thence S 89°n9'C)4" E 25.00 feat along the south line of said NW % to a point on the easterly right-of-way of Linder Road; Thence N 0°15'17'' E 447,80 feet along said right--of-way to the REAL POINT OF BEG}NNING of this description; Thence N 0°15'17~ E 869.66 feet along said right.of-way to a point on the north line of the south ~ of said NW %; Thence S 89°16'31" E 2,651.85 feet to the northeast corner of the south % of the NW %; Thence S 9°28'15" W 1,323.17 feet to the southe~o~, corner of the south ~ of the NW ¼; Thence N 89°09'04" W 2,398.55 feet along the south line of said NW % to a point; Thence N 0°15'17" E 436.73 feet to a point; Thence N 86°36'00'' W 248.72 feet to the REAL POINT OF BEGINNING of this description. Said parcel contains 77.779 acres, more or less, Michael E. Marks, PLS, No. 4998 0704~Le~als~Parcel 2.des FEB-21-2001 16:18 BRIGGS ENGINEERING~ INC. 12085452950 P.02 AFFIDAVIT OF LEGAl- iNTEREST STATE OF IDAHO COUNTY OF ADA I, J. Ra n Yor n (name) Boise ,__ 83704 (city) (state) ~e A (address) , being first duly sworn upon oath, depose and say: That I am the record owner and/or representative of the property described on the attached, and I grant my permission to Bri s i eedn Inc.- 1800W. Ovedan Rd Boise ID83705 Tel hone: 344-9700' FAX: 345-2950 to sign and subrnit the accompanying application perbaining to that property. I agree to indemnify, defend and hold the City, of Meridian and it's employees harmless from any claim or liability resulting from any dispute a.s to the statements contained herein or as to the ownership of the property which is the ~ubject of the application. Dated this ~ day of ,20.~LL Februm~V ; SUBSCRIBED AND SWORN to before me thee day and year first above written. NOTARY PUBLIC L STATE OF ,DAH~ j Notary Public for Idaho Residing at I Boise, Idaho My Commission Expires: 08 / 27 / 05 TOTAL P.02 SECTION 36, T4N R1W EVALUATION SHEET Proposed Development Name Date Reviewed 318/200t Baldwin Park Subdivision File No. 0704 Preliminary Stage X Final The street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMI'I-i'EE (under direction of the Ada County Engineer) regarding this development in accordance with the Ada County Street Name Ordinance. The following existing street names shall appear on the plat: "N. LINDER ROAD" The following proposed street names are approved and shall appear on the plat: I'~ "~'. MCKINLEY PARK AVENUE" IJ ",~. ZION PARK WAY" "W. YOSEMITE STREET" TETON PARK AVENUE" I'J "~'. MELROSE PARK AVENUE" "W. CRESCENT PLACE" CLEARBROOK PLACE" ~ "~.HYDE PARKAVENUE" .~ "~.DENALIPLACE" "W. WHITE SANDS STREET "W. GREAT BASIN STREET" ~ W. MONUMENT STREET" ~,"~.BISCAYNEAVENUE" ~."~.BUCKSTONEAVENUE" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMI'I-I'EE. All of the signatures must be secured by the representative or his/her designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE AGENCY REPRE. SI~NTATIVES OR DESIGNEES l ~/,/v ~'~"/~/~" Date ::~/~,~/~'/ Ada County John Priester xrz : - -, -, -- Community Planning Assn SherriPillow (~ ~'~.~ ~ Date City of Meddian Cheryl Sable / /~ .~~/~ . Date Meridian Fire District Representative ~., ~) (~,A.I--J~'--~~ Date _;,','~- J NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed!!! Sub Index Street Index 4NIW36 Section NUMBERING OF LOTS AND BLOCKS ~, K:~Data\Word~lr~BOISE CITY EVALUATION SHEET,doc BALDWIN pAP. K SUBDIV~ION I · ~ ~ ilql_[l]1112 .~--- ~~., ~~ ,~,,,,,, ,,,.,,,.,~ BRIGGS ENGINEERING, INC. 1/2 MILE VICINITY MAP REVISION ~ BALDWIN PA~ SUBDIVISION ( BRIGGS ~ ~o~o~ o~ ~w ~/4 o~ ss~o~ ~,~.4~., ~.~w., B.~., ~,.c ~ MERIDIAN, ADA COUNTY, IDAHO su~ ~ OF~ W. McMILLAN ROAD L . BRIGGS EN61NEERING, INC. V[CI~[Tf MAP ~EWSIO~ ~ BALDWIN PA~ SUBDIVISION ( BRIGGS ~ PORTiONOFTHENW1/40FSE~[ON36, T.4N.,R. IW.,B'M', ~ MERIDIAN, ADA COUNTY, IDAHO s~a~ ~ oF ~ JUL 0 § 2 01 ~ 800 west O~Hand Road Boil, idaho 83705 - 3142 Voice (208) 344-9700 F~ (208) ~2950 E-mail Admin~b~g~engineering.~m June 27~ 2001 Ms. Shari Stiles Planning Director City of Meridian 660 E. Watcrtower, Suite 202 Meridian, Idaho 83642 Re: Annexation/Preliminary Plat/Variance Applications for BaldwL~ Park Subdivision Dear Shari: As you know Briggs Engincexing is representing Capital D~¢lopment Corporation for their proposed Baldwin Park Subdivision located on the east side of Lindor Road between McM,lhan Road and Ust~ck Road. We submitted the required applications for the annexation, prelim/nary plat and a variance for block lengths on March 15, 2001. Since submitting those applications I have not heard anything about them from the City of Meridian. I understand that the subject parcel cannot be annexed until it is contiguous to the City boundary and that won't happen until the neighboring property to the southeast has been annexed. It is also understood the applications will not be processed for a public hearing until the necessary annexations have taken place. However, I would like to know if your ~affhas reviewed the applications and if so, are they complete and are there any preliminary coranaents? I know you are all busy with the numerous applications you are processing, but I would appreciate knowing now if there are any technical problems with the applications or if staff has any questions regarding our requests. Also, ifyou have any idea as to when they might be scheduled for a public heating, I'd like to know so I can pass that on to our client. I appreciate your assistance and look forward to heating from you soon. If it would be more convenient for you, you can either call me at 344-9700 or elnail me at; r j. chardc@br ±cjcjs- encjJ-neer±nq · com. Sincerely, Richard Cook, ~ Land Use Planner/Project Manager cc: Ramon Yorgason/Capital Development Corp./2304 N. Cole Road/Boise, ID/83704 0704/Bald~n Park AFFIDAVIT OF POSTING STATE OF IDAHO COUNTY OF ADA ) )§ ) I, Andrea McCarty, (name) Bri,qgs En,qineedn,q, 1800 W. Overland Road (address) Boise , (city) Idaho , being first duly sworn upon (state) oath, depose and say: That I will personally post the subject property with the hearing notice sign one week prior to the public headng for the annexation/rezone and preliminary plat of Baldwin Park Dated this dayof ~f'~~ ,2001 ' - (sign~re) // SUBSCRI~.~I~WORN to before me the day and year first above written. ~ ~ .... ~G $ ~R~iding at ~ %~ ~'~' J(~ ~ My Commission E~ires: ~/7/~ 1 BEW$ E L BEW5 SH'rRLEY & 5204 N SORRENTO C:ZR BOI5E Zb 83704-0000 4755 N LI'NDER RD BRINE&AR E E BRINEGAR VII;~INZA K 5190 N LOCUST GROVE RI:) MERIDTAN rid 83642-0000 4345 N LZNDER RD 943 W MCMZ'LLAN Rb HOWELL-MURDOCH DEVELOPMENT CORPORA T:ON 1087 W RIVER ST 5TE 250 BOTSE rD 83705-0000 N LI:NDER RD W U5TZCK RD N MERIDIAN RD HUFFMAN DONALD R & LINDA 4035 MEADOW WOOD bR MERzDIAN Ib 83642.5839 W USTZCK RD CHUKAR E5TATE5 LLC 1719 N 18TH 5T BOISE ID 83702-0000 505 W MCM'rLLAN RD FISHER FRANK N & FZSHER ANDREA K 4450 N LINDER RD MER];D1;AN Ib 83642-5416 N LINDER RD 4450 N LINDER Rb YOI;~,ASON 3' RAMON ¥ORGASON MARILYN 6200 N MEEKER PL BOISE ID 83713-0500 N LINDER RD HOWARTH CHARLES H HOWARTH TONTA L 1637 NE TREL.I~5 PL EAGLE ~:D 83616-6610 4120 N LINDER RD JOINT SCHOOL DI5T #2 MERIDIAN 911 N MERIDIAN RD MERIDIAN ID 83642-2241 3730 N LINbER Rb COOPER DALE E 1030 W USTICK RD MERIDIAN ID 83642-5452 W UST~¢K Rb KENNEDY JOHN 218 RUBY .ST BO?SE TD 83705-5940 W U.S'I'ZCK Rb J DAVIO hl~ ALLIANCE TITLE & ESCROW CORP. 2006 OC I fi IECO~OER ,VAi~F(O FEE ALLIANCE TllI.E Do00} \l ' WARRANTY DEED FOR VALUE RECEIVED CHARLES H. HOWARTH, M.D. and TONIA EOWARTH, husband and wife GRANTOR(S). does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto J. RAMON YORGASON and bi~RI~.I'N YORGA~ON, husband and wife the following described real property in ADA County, State of Idaho, more particularly Order No.: 00087773 PRW/TN TO HAVE AND TO HOLD thc said prsmises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And tho said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Granter(s) is/are the owner(s) in fee simple of said premises; that said premises are freo from a encumbrances EXCEPT those to which thlI oonvoyanae is expressly made subject and those made, suffered or done by the 0rantea(s); and subject to ras~rvat ons, restrictions, dedications, eaaemm~ta, r II ~ s of way m d agreements, (if any) of r~ord, and general taxes and assessments, (Including Irrigation and utility assessments, if' any) for the current year. which are not yet duo and payable, and that Grantor(s) will warrrant and defend thc same from all lawful claims whatsoever. Dated: October 11, 2000 CHARLES H. HOWARTH, M.D. TONIA HOWARTH STATE OF IDAHO ) COUNTY OF ADA ) On this 't 3 e.h day of October , in the year of 2000 , before me, the undersigned, a Notary Public in and for said State, personally appeared CHARLES H. HOWARTH, M.D. and TONTA HOWARTH known or identified to me to bo the person(s) whnso name(s) is/are subscribed to,he within instnlment, and acknowledgedtomethathe/she/theyexecutedthesame. ~:~ . L./~. ~ . . ,il CrEt3FI'~'~H~3 / oo --., ;:~' t:, '.:=.",m 5/9i,=~:~ 6 ': ~: ~ R~dJn~ ~t: BOISE, ID M:t Commission Expires: 06/28/03