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MAYOR
Tammy de Weerd
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IDAHO
CITY HALL
(208) 888-4433 - Fax 887-4813
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211- Fax 898-9551
CITY COUNCIL MEMBERS
Keith Bitd
Christine Donnell
Shauo Watdle
Charles M. Rountree
LEGAL DEPARTMENT
(208) 466-9272 - FAX 466-4405
MEMORANDUM:
HeaTing Date: ApTil 5, 2005
To:
MayoT and City Council
RECEIVED
MAR;; 1 ¿aDS
C~ty Of.Meridjan
CIty Clerk Office
FTOm:
Sonya Allen, Assistant City PlanneT ¿If.
Setter Cove Subdivision
Re:
Request foT a Variance foT a Time Extension until OctobeT 7,2005 to RecOTd the Final
Plat foT SetteT Cove Subdivision by MKH Development, Inc. (File No. V AR-05-006).
The Planning and Zoning staff has reviewed the applicant's submittal, and we offer the following
comments and recommendations:
APPLICATION SUMMARY & BACKGROUND
The Applicant, MKH Development, Inc., is æquesting a variance from Meridian City Code (MCC) 12-
3-8.A., which Tequiæs the applicant to file the final plat with the County RecoTder within one yeaT of
Council appTOval of the final plat. The applicant is Tequesting a time extension until OctobeT 7, 2005 to
recOTd the final plat that was appTOved by City Council on OctobeT 7, 2004. The pæliminaTY was
appTOved on April 22, 2003.
The æason fOT the delay in æcOTding the final plat, as stated in the application, is that the applicant lost
crack of the one-yeaT time Tequiæment while they WeTe negotiating with Meridian School District and
getting a conlractoT to begin conslruction of the infrastructuæ.
LOCATION
SetteT Cove Subdivision is located apPTOximately \4mile west of N. Locust Grove Road and noTtb of
E. UstickRoad, intheSW \4 ofSection32, T.3N., RlE.
REOUIRED FINDINGS
AccOTding to OTdinance 12-11-2, Variance Findings, the Council may authorize in specific cases a
vaTiance fTOm the tenus of eitheT the Zoning OT Subdivision OTdinance. Specifically, the OTdinance
lists the following Findings, all of which must be detennined befoæ gTanting a variance:
VAR-O5-006
Setter Cove Sub V AR TE.doc
Mayor and Council
City Council Hearing Date: AprilS, 2005
Page 2
B.
C.
VAR-O5-O06
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 first state his
reasons in writing as to the specific provision or requirement involved;
The Applicant states that the reason for the delay in recording the final plat within the
time limits as æquiæd by MCC 12-3-8.A. is that the applicant lost crack of the one-yeaT
time æquiæment while they weæ negotiating with Meridian School District and getting
a contTactor to begin construction of the inftaslructure. This is the only special
circumstance that was cited in the application.
Staff finds that the reason cited above is not substantial gTOunds to approve a variance.
We do not find that the time schedule required in the OTdinance for æcording the fmal
plat is impracticable or unreasonable. The Council should æly on fuTtber explanation
from the applicant to detennine if there are other special circumstances that affect this
pTOpeTty in a manner that would make strict application of MCCI2-3-6A or B
unreasonable.
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 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 timeftame and to follow the requirements of Idaho Code. It could be
argued that the City has more assurance of this plat being æcorded and the
development pTOceeding if this Variance is appTOved.
That the granting of the specified 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 fmds that the æquested variance will not necessarily be detrimental or injurious
to the public's welfare or to the other pTOperties in the aæa as long as current
ordinances aæ met at the time of building pennits for all lots within the subdivision.
Setter Cove Sub V AR TE.doc
Mayor and Council
City Council Hearing Date: AprilS, 2005
Page 3
The City Council should rely upon any public testimony offered concerning whether
or not the surTOunding pTOpeTty owners feel that the æquested variance will affect
their pTOperties.
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 pTOject will not directly alter the
inteæst and purpose of the Meridian City Subdivision Ordinance, which is intended to
ensure orderly development occurs within the established timeftame. The Applicant has
stated they intend to recOTd the final plat within six months following apPTOval of this
æquest.
RECOMMENDATION
Staff does not believe the æqUÎæd findings can technically be met for this Variance application.
Theæfoæ, we æcommend denial of the request. That being said, City Council has appTOved several
similar applications for time extension requests in the past.
If the City Council denies the variance request, the Applicant will be æquiæd to æ-submit the
Preliminary Plat application. An approval will allow the Applicant to pTOceed in the subdivision
appTOval pTOcess by æcording the final plat. If appTOved, the applicant has æquested that the deadline
to record the final plat be extended to one-year from the date of original appTOval, which would be
OctobeT 7, 2005.
V AR-O5-O06
Setter Cove Sub V AR TE.doc