HomeMy WebLinkAboutSetter Cove Sub VAR
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the matter ofthe request for a variance for a time extension until October 7, 2005 to
record the fmal plat for Setter Cove Subdivision, by MKH Development.
Case No(s). V AR-05-006
For the City Council Hearing Date of: April 5, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries ofthe property. The notice of public hearing before the
City Council was posted upon the property under consideration more than ten days
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
b.
The matter was dilly considered by the City Council at the April 5, 2005, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
Oral testimony was received on this matter, as reflected in the official meeting
minutes.
c.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
a. In addition to the application and property facts noted in the staff report for the
subject application(s), it is hereby verified that the property owner(s) ofrecord at
the time of issuance of these findings is MKH Development.
Required Findings per Zoning and Subdivision Ordinance
4.
a.
See Exhibit B for the findings required for this application.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). VAR-OS-OO6-PAGE 1 of6
B. 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 takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified as Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
4. That this approval is subject to the Legal Description in Exhibit A and the Findings in
Exhibit B.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's request for a variance for a time extension to record the final plat for
Setter Cove Subdivision is hereby approved.
D. Notice of Applicable Time Limits
1. Notice of Time Extension until October 1, 2005 to Record the Final Plat
Please take notice that the applicant must file the final development plan with the Ada
County Recorder within the above approved time period. The final plat must be
recorded within one-year of the end ofthe original one-year time period.
If the final development plan is not filed with the Ada County Recorder within the
allowed time period, the plat will be considered null and void.
E. Exhibits
Exhibit A: Legal Description
Exhibit B: Variance Findings
By action ofthe City Council at its regular meeting held on the
'ff¡a-v-/'2 ,2005.
/ q -1.1.- day of
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-OS-OO6 - PAGE 2 of 6
COUNCIL MEMBER SHAUN WARDLE
VOTED~
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
VOTEDþ
VOTED~
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
Dated: "\- '2-\ -OS
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-OS-OO6 - PAGE 3 of 6
EXIllBIT A
Le2aI DescriDtion
r--o._._o...
[f]
TEALEY'S LAND
SURVEYING
2501 BOQU$ Bäsin Rd. , Boise, Idaho S3702
(2Ç8) 3-36
Fax (20S) 385-'0696
Project No.: 2324
Date: May 9,2003
DESCRIPTION
OF PROPOSED
SErÆRCOVESUBDMSIDN
.EQB
JIM HOLLISTER
A parcel of land situated in the SW 1/4 of SoClion 32, TAN., R:1E., B.M., Mendian,
Ada County, Idaho a. Mown an ROCOrd of SUlVoy No. 5920. on roe underlnolrumenl No.
1021(/3319 in the Office of Ihe Record'" for Ada County, Ideho and mare particularly
described a, IoUow":
COI.IMENCING alan aluminum cep marking the West 1/4 comer of said Section 32,
thence along the Weol tine of eald SeClion 32
Soulh 00'00'11"'00199712 feet 10 an iron pin; thence leaving said W..tlina
North 89'50'05' East 1327.25 feel 10 e bra.. oap m.rking the Northea.1 corner of
Summertield Subdivision No. 5 .. on file in the Office of the Recorder for Ada County,
idaho. ,aid point also being tho POINT OF B"GlNNING: lI1an""
North 00'00'57" West 301.09 feet 10 an Iron pin; then...
North 37"O7'22"'aBt 126.25 feet to an iron pin on e curve; thence alon9 the aro of a
curve 10 the 'eft hoving e radio. of 325.00 feeL e oeittral englo of 37'18'37', a length of
211.64 and a long chord thai bears
South 71'31'5B' East 207.92r.at 10 an iron pin ma/ldng a poinl of tangent; Ihonce
North 69'48'44' Eel!! 390..17 feel to an !ron pin on lI1e"a,t lino of tj1e W 1/2 of the
1'1" 1/4 of tho SW 1/4 of sold Socllon 32; then"" along ..id ""1 line
South 00'01'20' East 666,85 feel to an iron pin marking the Southe..t come' of ,aid
W 1/2 of Ihe NE 114 ofll1e SW 1/4; Ihence along tf1e South line of said W 112 oftheNE 1/4
oflh. SW 114
South 89'4/ '44' Weal 663.66 feel to an iron pin mei1<Ing tho Soulhwesl 11lS.comer
of said Section 32; thence
North 00'00'57' WesI331.85 reet to th. POINT OF BEGINNING.
Said Pen:el Contains 10.28 Acres, .more or I..,.
....."",."",...,.-
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-OS-OO6 - PAGE 4 of 6
EXIllBIT B
Variance Findine:s
REOUIRED FINDINGS
According to Ordinance 12-11-2, Variance Findings, the Council may authorize in specific cases
a variance from the terms 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
fJI'st 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 fmal plat within
the time limits as required by MCC 12-3-8.A. is that the applicant lost track of
the one-year time requirement while they were negotiating with Meridian School
District and getting a contractor to begin construction of the inftastructure. This is
the only special circumstance that was cited in the application.
City Council fmds that the reason cited above is substantial grounds to approve
a variance.
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;
City Council 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.
The developer had a pre-construction meeting in October, 2004, and has already
constructed the sewer. Also, the applicant testified at the hearing that
construction of the water mains and roads are in process. Council has
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-OS-OO6 - PAGE 5 of6
determined that the City has more assurance of this plat being recorded and the
development proceeding by approving this variance.
C,
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;
City Council finds that the requested variance will not 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 permits for all lots within the
subdivision.
D,
That such variance will not violate the provisions of the Idaho Code,
City Council is unaware of provisions of Idaho Code that wouId 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,
City Council 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
timeftame. The Applicant has stated they intend to record the final plat within six
months following approval of this request.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-OS-OO6 - PAGE 6 of 6