HomeMy WebLinkAboutWanda's Meadow Subdivision for Pressurized Irrigation System VAR-00-023BEFORE THE MERIDIAN CITY COUNCIL
C/C 01/02/01
IN THE MATTER OF THE )
APPLICATION OF ROBERT )
GLENN, FOR A VARIANCE )
REQUESTING TO USE )
MERIDIAN CITY WATER FOR )
IRRIGATION IN THE WANDA'S )
MEADOW SUBDIVISION, )
LOCATED NORTH OF E. )
USTICK ROAD AND EST OF N. )
LOCUST GROVE ROAD, )
MERIDIAN, IDAHO )
VAR-00-023
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF DECISION
GRANTING A VARIANCE
The above entitled matter coming on regularly for public hearing before the City
Council on January 2,2001, and Bruce Frecldeton, appeared and testified, and appearing
and testifying on behalf of the Applicant was Pat Tealey, and no one appeared in
opposition, and the City Council having received the transmittal to agencies and having
received the variance application, having heard the testimony presented, being fully
advised in the premises does hereby mal<e the following Findings of Fact and Conclusions
of Law and Order of Decision, as follows to-wit:
FINDINGS OF FACT
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 10
ORDER OF DECISION GRANTING A VARIANCE FOR
PRESSURIZED IRRIGATION SYSTEM / BY: ROBERT R. GLENN / VAR-00-023
1. The City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Title 11 Municipal Code of the City of Meridian
and all current zoning maps thereof and the Comprehensive Plan of the City of
Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps.
2. The requirements of Idaho Code §§ 67-6509, 6516 and Meridian City
Code §§ 11-15-5 and 12-11-3 as evidenced in the record of this matter.
3. The Applicant is Robert R. Glenn, whose address is 2604 North Cole
Road, Boise, Idaho 83704.
4. The owner of the property is Robert R. Glenn, whose address is 2604
North Cole Road, Boise, Idaho 83704.
5. The location of the subject property is presently located in a Low Density
Residential District (R-4) zone, and which subject property is located on the north side
of Ustick Road approximately 1/4 mile west of Locust Grove Road, Meridian, Idaho.
6. The legal description of the property appertains to the real property that
is included within the Vicinity Map as appears in the record of proceeds of this matter,
which is on file in the City Cleric's Office.
7. The present land use of the subject property is presently zoned as Low
Density Residential District (R-4), and which subject property is presently a large
single-family lot.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 10
ORDER OF DECISION GRANTING A VARIANCE FOR
PRESSURIZED IRRIGATION SYSTEM / BY: ROBERT R. GLENN / VAR-00-023
8. The proposed land use of the subject property is to develop the subject
pr°perty in the following manner: A single-family subdivision.
9. That a vicinity map, attached hereto as Exhibit "A,, consisting of one
page, of the proposed scale approved by the City Council showing property lines,
existing streets, proposed district and such other items as required have been furnished.
10. The Applicant seeks a variance of the following provision of the Meridian
City Code, § 9-1-28, PRESSURIZED IRRIGATION SYSTEM, and in the R-4 zone,
provides as follows:
9-1-28 PRESSURIZED IRRIGATION SYSTEM:
A. System Required; Waiver:
1. In addition to the requirements of this Chapter pertaining to the
domestic water system and its use, every residentially zoned lot, parcel or
piece of land upon which a residential unit is, or will be, constructed, after
the effective date hereof, shall construct, install, or connect to a
pressurized irrigation system. In the case of residential subdivision
developments, a pressurized irrigation system shall be constructed and
inStalled at the same time as the domestic water lines, but not necessarily
in the same trenches. There shall be no cross-connections between the
domestic water lines and the irrigation water lines that do not comply
with Chapter 3 of this Title.
2. Provided, however, the requirements of this Section may be waived
upon proof that any particular lot, parcel or piece of land does not have
water rights in an existing irrigation district.
Standards: The City Engineer is hereby authorized and directed to
establish standards for pressurized irrigation systems and all pressurized
irrigation systems shall comply with those standards.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE FOR
Page 3 of 10
PRESSURIZED IRRIGATION SYSTEM / BY: ROBERT R. GLENN / VAR-00-023
Co
Joint-Use Connection Of Irrigation And City Standards: No subdivision,
or building, lot, or parcel of land located within that subdivision, which
subdivision, building, lot, or parcel of land, has a common landscape
sprinlder irrigation system being supplied landscape irrigation water from
a source other than the City's domestic water system, shall be allowed to
also connect its landscape sprinkler irrigation system to the City's
domestic water system. Provided, however, all buildings, lots, or parcels
of land, within the subdivision connected to the common landscape
sprinlder irrigation system may be allowed one joint,use point of
connection to the City's domestic water system which connection shall
have an approved backflow prevention device. This joint-use connection
shall only be to provide irrigation water during the time when the
common landscape irrigation system has no supply of water. The off-on
control value of this joint use connection shall be under the control of the
City Waterworks Superintendent.
11. All property owners within three hundred feet (300') of the external
boundaries have been notified by mail, and their mailing addresses may be obtained
from the list on;file with the City Clerk.
12. The minimum requirements of the ordinance that need to be reduced to
permit the proposed use would be the elimination of the requirement that subdivisions
must have a pressurized irrigation system.
13. The difficulty or hardship which would result if the requirements of the
ordinance were applied to the subject property is that the subject property has gravity
irrigation water'provided by Nampa-Meridian Irrigation District and receives water on
a 10-day rotation schedule. The amount of water needed for the 26-1ot subdivision
cannot be obtained with this type of delivery schedule.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 10
ORDER OF DECISION GRANTING A VARIANCE FOR
PRESSURIZED IRRIGATION SYSTEM / BY: ROBERT R. GLENN / VAR-00-023
14. The unusual or peculiar circumstances which indicate that regulations of
the ordinance should not be strictly complied with, and the special conditions and
circumstances that exist, are the same as number 13 above.
15. A literal interpretation of the provisions of the ordinance would deprive
the Applicant rights because the applicant would not be able to provide an adequate
irrigation system by a pressurized irrigation system.
16. The existence of special circumstances or conditions affecting the
property is that, the current irrigation delivery system provided to the property has
been in place for some time. The developer has had no say in the design of the system
and the delivery schedule to the site. Each lot would use the City's domestic water off
individual services, and the developer would be assessed a well development free in lieu
of providing a pressurized irrigation system and no dry lines shall be installed.
17. Granting the variance would maintain rights which would be afforded to
others in the same situation.
! 8. The Water Department notes that the Applicant should look for
other irrigation sources, possibly a ground water well.
19. The purpose of the R-4 Low Density Residential District is to permit the
establishment of low density single-family dwellings, and to delineate those areas where
predominantly residential development has, or is likely to occur in accord with the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 10
ORDER OF DECISION GRANTING A VARIANCE FOR
PRESSURIZED IRRIGATION SYSTEM / BY: ROBERT R. GLENN / VAR-00-023
Comprehensive Plan of the City, and to protect the integrity of residential areas by
prohibiting the ~intrusion of incompatible nonresidential uses. The R-4 District allows
for a maximum of four (4) dwelling units per acre and requires connection to the
Municipal water and sewer systems of the City.
20. The granting of the requested variance will not be detrimental to the
public's welfare or injurious to other property in the area of the proposed plat.
22. The granting of this variance will not have an effect of altering the interest
and purpose ofthe Subdivision or Development Ordinance and/or the City's
Comprehensive Plan for the reasons stated above.
23. The applicant paid the fee established by the City Council for application
variance.
CONCLUSIONS OF LAW
1. The City of Meridian has authority pursuant to the enactment of the Local
Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the
provisions of Idaho Code § 67-6516 to provide as part of its zoning ordinance for the
process of applications for variance permits.
2. The City of Meridian has exercised its authority of Idaho Code § 67-6516
by the enactment as a part of its Zoning and Development Ordinance variances, as set
forth in Meridian City Code § 11-18.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 10
ORDER OF DECISION GRANTING A VARIANCE FOR
PRESSURIZED IRRIGATION SYSTEM / BY: ROBERT R. GLENN / VAR-00-023
3. That the requirements for the processing of a variance request are set forth
in Idaho Code §§ 67-6509, 6516 and Meridian City Code §§ 11-15-5 and 11-17-5.
4. Application and standards for variances are set forth in Meridian City Code
§ 11-18-2, and the findings which are required are set forth in Meridian City Code § ! 1-
18-3, include required findings that there are special circumstances or conditions affecting
the property that strict application of the provisions of Zoning and Development
Ordinance would clearly be impracticable and unreasonable, and a finding that strict
compliance with the requirements of the Zoning and Development Ordinance would result
in extraordinary hardship to the owner, subdivider or developer because unusual
topography, the nature or condition of adjacent development, or other physical conditions
or other conditions that make strict compliance with the ordinance unreasonable under
the circumstanCes, or that the conditions and requirements of said ordinance will result
in inhibiting the achievements or the objectives of the ordinance, and that the granting of
a 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, and that such variance will not have
the effect of altering the interest and purposes of the Zoning and Development Ordinance
and the Meridian Comprehensive Plan.
5. Meridian City Code, § 9-1-28, PRESSURIZED IRRIGATION SYSTEM,
and in the R-4 zone provides as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 10
ORDER OF DECISION GRANTING A VARIANCE FOR
PRESSURIZED IRRIGATION SYSTEM / BY: ROBERT R. GLENN / VAR-00-023
9-1-28 PRESSURIZED IRRIGATION SYSTEM:
Bo
Co
System Required; Waiver:
1. In addition to the requirements of this Chapter pertaining to the
domestic water system and its use, every residentially zoned lot, parcel or
piece of land upon which a residential unit is, or will be, constructed, after
the effective date hereof, shall construct, install, or connect to a pressurized
irrigation system. In the case of residential subdivision developments, a
pressurized irrigation system shall be constructed and installed at the same
time as the domestic water lines, but not necessarily in the same trenches.
There shall be no cross-connections between the domestic water lines and
the irrigation water lines that do not comply with Chapter 3 of this Tide.
2. Provided, however, the requirements of this Section may be waived upon
proof that any particular lot, parcel or piece of land does not have water
rights in an existing irrigation district.
Standards: The City Engineer is hereby authorized and directed to establish
standards for pressurized irrigation systems and all pressurized irrigation
systems shall comply with those standards.
Joint-Use Connection Of Irrigation And City Standards: No subdivision, or
building, lot, or parcel of land located within that subdivision, which
subdivision, building, lot, or parcel of land, has a common landscape
sprinlder irrigation system being supplied landscape irrigation water from a
source other than the City's domestic water system, shall be allowed to also
connect its landscape sprinlder irrigation system to the City's domestic water
system. Provided, however, all buildings, lots, or parcels of land, within the
subdivision connected to the common landscape sprinlder irrigation system
may be allowed one joint-use point of connection to the City's domestic
water system which connection shall have an approved baclfflow prevention
device. This joint-use connection shall only be to provide irrigation water
during the time when the common landscape irrigation system has no supply
of water. The off-on control value of this joint use connection shall be under
the control of the City Watevworlcs Superintendent.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 10
ORDER OF DECISION GRANTING A VARIANCE FOR
PRESSURIZED IRRIGATION SYSTEM / BY: ROBERT R. GLENN / VAR-00-023
DECISION AND ORDER
NOW, .THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby
Order and this does Order:
1. That the Applicant is hereby granted a variance from the pressurized
irrigation system and shall be allowed to have each lot use the City's domestic water of
individual services. The Applicant shall be assessed a well development fee in lieu of
providing a pressuriZed irrigation system and shall not install dry lines for this R-4 zone
on the north side of Ustick Road approximately 1/4 mile west of Locust Grove Road,
Meridian, IdahO.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person who
has an interest in real property which may be adversely affected by the issuance or
denial of a variance authorizing a variance of the PRESSURIZED IRRIGATION
SYSTEM Requirements in the R-4 Zone as provided in the Section 9-1-28 and may
within twenty-eight (28) days after the date of this decision and order seek a judicial
review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
,2oo .
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE FOR
PRESSURIZED iRRIGATION SYSTEM / BY: ROBERT R. GLENN / VAR-00-023
/t/~g-~'day of
Page 9 of 10
ROLL CALL:
COUNCILMAN RON ANDERSON
COUNCILMAN KEITH BIRD
COUNCILPERSON TAMMY deWEERD
COUNCILPERSON CHERIE McCANDLESS
VOTED
VOTED
VOTED
VOTED
MAYOR ROBERT D. CORRIE (TIE BREAK. ER)
DATED: t/--t/~--Of
VOTED
MOTION:
APPROVED:
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, arid the City Attorney office.
Dated:
msg/Z:\WorkhMWleridiankMefidian 15360IVBWanda's Meadow FP023~fClsGrantVariance
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 10 of 10
ORDER OF DECISION GRANTING A VARIANCE FOR
PRESSURIZED IRRIGATION SYSTEM / BY: ROBERT R. GLENN / VAR-00-023
ANDA'S
VICINITY MAP
1VIEADO
SITUATED IN THE SE 1/~,'SECTION
T. 4N., R.1E., B.M.
MERIDIAN, ADA COUNTY, IDAHO
2000 "'
OF
SUBDIVISION
31,
300 150 0
300 600 900
SCALE IN FEET
I"= 300I
~1~ TEALEY'S LAND SURVEYING
.__------- ~ - 208-385-0636 .....
.......................... Project No. 2151 Sheet 1 of 1