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Home My WebLink AboutStaff Comments MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd William L. M. Nary HUB OF THE TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 -FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 · Fax 288-2501 PUBLIC WORKS BUILD1NG DEPARTMENT (208) 887-2211 .Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 .FAX 888-6854 MEMORANDUM: May 2, 2002 To: From: Re: Mayor and City Council David McKinnon, Planner II RECEIVED MAY - 2 2002 Elixir Subdivision CITY OF MERIDIAN ,., CI'[Y CLERK OFFICE · A Request for Modification of the Findings of Fact and ~onc~us]ons oz t~aw anu Order of Conditional Approval of the Elixir Subdivision Preliminary Plat Requirement of a Five-foot (5') Wide Sidewalk Adjacent to Eagle Road, by Paul Clayton (File No. MI-02-004). · A Variance Request to Eliminate the Meridian City Code 12-5-2K Requirement for a Sidewalk on Eagle Road, Adjacent to the Proposed Elixir Subdivision, by Paul Clayton (File No. VAR-02-003). The Planning and Zoning staff has reviewed the applicant's submittal, and we offer the following comments and recommendations: APPLICATION SUMMARY On September 19, 2001, the Meridian City Council approved a preliminary plat request by Paul Clayton for a three (3)-lot subdivision (Elixir Subdivision) on the southwest comer of Eagle Road and Commercial Street. Pursuant to City Code 12-5-2K the preliminary plat approval required the construction of a five- foot (5') wide sidewalk adjacent to Eagle Road. The requirement for the sidewalk on Eagle Road is specifically listed in the Findings of Fact and Conclusions of Law and Order of Conditional Approval on page seven (7), item number seventeen (17) for Elixir Subdivision (File No. PP-01- 014). The Applicant, Paul Clayton, is now requesting a modification to the Findings of Fact and Conclusions of Law and Order of Conditional Approval to eliminate the sidewalk requirement on Eagle Road, and a variance from the City Code that requires the sidewalk improvements on Eagle Road. Elixir. Var. doc VAR-02-003 Mayor and Council May 2, 2002 Page 2 The Applicant has made the aforementioned requests due to the steep slope off Eagle Road to the proposed subdivision. The embanlanent is approximately a 1:1 slope at the southwest comer of Eagle and Commemial. Constructing the sidewalk on the embankment will be very difficult and will be very expensive to maintain. LOCATION The subject property is located at the southwest corner of Commercial Court and Eagle Road The entire subdivision, excluding the proposed Lot 1 (L-O), is currently zoned I-L. The Generalized Land Use Map depicts the property as Existing Urban. SURROUNDING PROPERTIES North - Vacant industrial property, zoned I-L. South - Industrial property, and the railroad, zoned I-L. East - Coors Distribution facility and industrial subdivision, zoned I-L. West - Industrial property, zoned I-L. REQUIRED FINDINGS According to Ordinance 11-18-1, Variances, 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: Ae 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; Staff finds that the steep embankment of the property adjacent to Eagle Road is a special circumstance/condition that would make requiring a sidewalk on Eagle Road impracticable and unreasonable. Be 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 the Meridian City Code 12-5-2K (sidewalks) would result in extraordinary hardship to the Applicant due to the unusual topography of the site. Additionally, the sidewalk will not connect with any other sidewalk. VAR-02-003 Elixir .Vat. doc Mayor and Council May 2, 2002 Page 3 Ce 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 finds that the requested variance will not be particularly detrimental to the public's welfare or injurious to other properties in the area. The City Council should listen to any public testimony offered concerning whether or not the surrounding property owners feel that the requested variance will affect their properties. 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 will not have the effect of altering the purpose and interest of the "sidewalk" requirement of the City Code. STAFF RECOMMENDATION Staff recommends modifying the Findings of Fact and Conditions of Approval and Order of Conditional Approval for Elixir Subdivision, eliminating item number sevemeen (17) on page seven (7), requiring a sidewalk on Eagle Road. Staff recommends approval of this variance request based on topography of the site. VAR-02-003 Elixir,Vat.doc MAYOR Robert D. Corrie CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Tammy deWeerd Cherie McCandless HL.'~ LIP IN~A~C,R~ ~'ALL£Y A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888..t433 · Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEE~,RTMENT (208) 288-2499 · Fax 288-2501 PUBLIC WORKS (208) 898-5500 · Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING AND ZONING (208) 884-5533 · Fax 888-685.* TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: Transmittal Date: File No.: Request: May 2, 2002 By: Location of Property or Project: April 25, 2002 Hearing Date: May 7, 2002 VAR 02-003 Request for a Variance from Meridian City Code 12-2-5 regarding the sidewalk requirement Paul Clayton 521 N. Eagle Road David Zaremba, P/Z ¢~ v~ VAC~ ~') Jerry Centers, P/Z ~ v~ v~ m Leslie Mathes, P/Z ~ v,~, vA~ m Keven Shreeve, PIZ ~ v,~. VA~ ~ Keith Borup, PIZ ~, w.~, v~c, m Robert Corde, Mayor Bill Nary, CIC Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service ~ v,,~. v,,c, m Building Department Fire Department Police Department City Attomey City Engineer City Planner Parks Department Your Concise Remarks: Meridian School Distdct Meddian Post Office Ada County Highway District Community Planning Assoc. Central Distdct Health Nampa Meddian Irrig. Distdct Settlers Irrigation Distdct Idaho Power Co. ~-~/PP~,,~ U.S. West ~,,~,~ I ntermountain Gas ~,~ Bureau of Reclamation Idaho Transportation Department ~ ~,) Ada County RECEIVED APR 3 0 2002 City of Meridt an City Clerk MAYOR Robert D. Come CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-~33 · Fax (208) 88%4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 · Fax 288-2501 PUBLIC WORKS (208) 898-5500 · Fax 887-1297 BU1LDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING AND ZONING (208) 884-5533 · Fax 888-6854. TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: Transmittal Date: File No.: Request: May 2, 2002 By: Location of Property or Project: April 25, 2002 Hearing Date: May 7, 2002 VAR 02-003 Request for a Variance from Meridian City Code 12-2-5 regarding the sidewalk requirement Paul Clayton 521 N. Eagle Road David Zaremba, P/Z Jerry Centers, P/Z Leslie Mathes, P/Z 0v. v~ vAc, ~,) Keven Shreeve, P/Z Keith Borup, P/Z Robert Corde, Mayor Bill Nary, C/C Tammy deWeerd, ClC Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department Your Concise Remarks: Meddian School Distdct Meridian Post Office Ada County Highway District Community Planning Assoc. Central Distdct Health Nampa Meridian Irdg. District Settlers Irrigation District Idaho Power Co. ~,,u U.S. West ~w,~, I ntermountain Gas 0=~w· ~ Bureau of Reclamation Idaho Transportation Department ~,, Ada County RECEI ED APR 2 6 2O02 City of Meridian City Clerk Office