HomeMy WebLinkAboutTumble Creek Subdivision No. 6 VAR-00-025BEFORE THE MERIDIAN CITY COUNCIL
C/C 01/16/01
IN THE MATTER OF THE
APPLICATION OF PINNACLE
ENGINEERS, INC. - JEFFREY L.
MANSHIP, FOR A VARIANCE IN
THE LOT WIDTH FROM 80
FEET TO APPROXIMATELY 79
FEET FOR THE FOUR LOTS AT
THE WEST SIDE OF THE
DEVELOPMENT, LOCATED
USTICK ROAD AND NORTH
LINDER ROAD, MERIDIAN
IDAHO
VAR-00-025
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF DECISION
GRANTING A VARIANCE
The above entitled matter coining on regularly for public hearing before the City
Council on January 16, 2001, and Shari Stiles, Planning and Zoning Administrator,
appeared and testified, and appearing and testifying on behalf of the Applicant was Clint
Boyle of Pinnacle Engineers, Inc., 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 make the following Findings of Fact and Conclusions of Law and Order of
Decision, as follows to-wit:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 9
ORDER OF DECISION GRANTING A VARIANCE / VAR-00-025
PINNACLE ENGINEERS, INC., - JEFFREY L. MANSHIP
TUMBLE CREEK SUBDIVISION NO. 6
FINDINGS OF FACT
1. The City Council takes judicial notice of its Zoning, Subdivisions 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 Pinnacle Engineers, Inc. - Jeffrey Manship, whose
address is 12552 W. Executive Drive, Suite B, Boise, Idaho 83713.
4. The owner of the property is Stubblefield Construction Company, whose
address is 641 W. Franldin Road, Meridian, Idaho 83642.
5. The location of the subject property is located in the Low Density
Residential District (R-4) at Ustick Road and North Linder 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,
and is on file with the Meridian City Clerk's office.
7. The present land use of subject property is presently zoned as (R-4) Low
Density Residential District and on the west end of the subdivision is surrounded on
three sides by other properties (future Turtle Creek and previous phases of Tumble
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 9
ORDER OF DECISION GRANTING A VARIANCE / VAR-00-025
PINNACLE ENGINEERS, 1NC., - JEFFREY L. MANSHIP
TUMBLE CREEK SUBDIVISION NO. 6
Creek Subdivision); there is no way to adjust the overall length. This overall fixed
length prevents compliance with the Meridian City Code.
8. The proposed land use of subject property is shorten the minimutn lot
width as required in I 1-9-1 of the Meridian City Code. The Code states a minimum of
eighty (80) feet, and Applicant is requesting that four (4) lots be allowed at a width of
approximately seventy-nine (79) feet.
9. That a vicinity map, which appears on record with the Meridian City
Clerk's office, 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, § 11-9-1, ZONING SCHEDULE OF BULK AND COVERAGE
CONTROLS, in the R-4 zone, and which is attached hereto as Exhibit "A", and
consisting of three (3) pages.
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 Planning and Zoning Department.
12. The characteristics of the subject property which prevent compliance with
the requirements of the ordinance are that the property is too narrow to be in
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 9
ORDER OF DECISION GRANTING A VARIANCE / VAR-00-025
PINNACLE ENGINEERS, INC., - JEFFREY L. MANSHIP
TUMBLE CREEK SUBDIVISION NO. 6
compliance. The effect of compliance with the code would mean the loss of one (1) lot.
Instead of having four (4) lots at 79 feet wide, there would be three (3) lots at 105 feet
wide. The preliminary plat was approved with four lots in this corner. The preliminary
plat shows these lots at 80 feet, but with the current situation it is not possible to get
four (4) lots.
13. The minimum requirements of the ordinance that need to be reduced to
permit the proposed use would be the elimination of the requirement of the 80 foot
minimum width and allow the approximate 79 foot width for the 4 lots at the west side
of the development.
14. The difficulty or hardship which would result if the requirements of the
ordinance were applied to the subject property is that the west end of the subdivision is
surrounded on three sides by other properties (future Turtle Creek and previous phases
of Tumble Creek Subdivision); there is no way to adjust the frontage to meet the
miuimtan without creating abnormally wide lots inconsistent with others in the
subdivision. The applicant sees no way to correct this issue with the remaining land
without the variance.
15. The unusual or peculiar circumstances which indicate that regulations of
the ordinance should not be strictly complied with are addressed in nmnbers 12 and 14
above.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 9
ORDER OF DECISION GRANT1NG A VARIANCE / VAR-00-025
PINNACLE ENGINEERS, 1NC., - JEFFREY L. MANSHIP
TUMBLE CREEK SUBDIVISION NO. 6
16. The special conditions and circumstances that exist are addressed in
numbers 12 and 14 above.
17. A literal interpretation of the provisions of the ordinance would deprive
the developer of one lot in the subdivision.
18. The existence of special circumstances or conditions affecting the
property is that not having enough length to comply is a result of the applicant in the
overall planning of the subdivision as a whole. However, the applicant can take no
action to correct the issue at hand with the remaining land.
19. Granting the variance would maintain rights which would be afforded to
others in the same situation.
20. The Comprehensive Plan for the Low Density Residential District (R-4) 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 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.
2 I. The variance would allow the owner to allow a one (1) foot variance
of 1% of the required lot width. The developer has building plans that can easily fit on
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 9
ORDER OF DECISION GRANTING A VARIANCE / VAR-00-025
PINNACLE ENGINEERS, INC., - JEFFREY L. MANSHIP
TUMBLE CREEK SUBDIVISION NO. 6
the requested lots that would comply with setbacks and other issues related to
structures. If the variance is granted, the developer would have four (4) lots as
originally planned. This would allow for four (4) lots instead of three (3) lots. The
purpose for the request is for an additional lot and for continuity of the lots. The four
(4) lots at 79 feet in width would maintain the overall appearance and housing type,
and that three (3) lots at 105 feet in width would cause discontinuity in the
subdivision.
22.
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, and, in
fact, the development of the plat in accordance with the conditions of approval and the
requirements of the Subdivision Ordinance will prevent the conditions which are the
source of the complaints raised in the public hearing of this matter.
23. The granting of this variance will not have an effect of altering the interest
and purpose of the Subdivision or Development Ordinance and/or the City's
Comprehensive Plan for the reasons stated above.
24. The applicant paid the fee established by the City Council for application
variance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 9
ORDER OF DECISION GRANTING A VARIANCE / VAR-00-025
PINNACLE ENGINEERS, INC., - JEFFREY L. MANSHIP
TUMBLE CREEK SUBDIVISION NO. 6
CONCLUSIONS OF LAW
I. 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-I8.
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
§ 1 I- 18-2, and the findings which are required are set forth in Meridian City Code § 11-
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 re suit
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 9
ORDER OF DECISION GRANTING A VARIANCE / VAR-00-025
PINNACLE ENGINEERS, INC., - JEFFREY L. MANSHIP
TUMBLE CREEK SUBDMSION NO. 6
the drcumstances, 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, § 11-9-1, ZONING SCHEDULE OF BULK AND
COVERAGE CONTROLS, in the R-4 zone, and which is attached hereto as Exhibit "A",
and consisting of three (3) pages.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Cotmcil does hereby
Order and this does Order:
1. That the Applicant is hereby granted a variance from the Zoning Schedule
of Built and Coverage Controls from the 80 foot requirement to 79 feet for the four (4)
lots at the west side of the development in the R-4 zone.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 9
ORDER OF DECISION GRANTING A VARIANCE / VAR-00-025
PINNACLE ENGINEERS, INC., - JEFFREY L. MANSHIP
TUMBLE CREEK SUBDWISION NO. 6
denial of a variance authorizing a variance of the Zoning Schedule of Bulk and
Coverage Controls in the R-4 Zone as provided in the Section 11-9-1 and may within
twenty-eight (28) days after the date of this decision and order seek a judicial review as
provided by Chapter 52, Tide 67, Idaho Code.
By action of the City Council at its regular meeting held on the
,2001.
ROLL CALL:
COUNCILMAN RON ANDERSON VOTED
~d4'--- day of
COUNCILMAN KEITH BIRD
COUNCILPERSON TAMMY deWEERD
COUNCILPERSON CHER/E McCANDLESS
VOTED~
VOTED_~a-
VOTED__~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: z~ -- ~ -- g2 /
VOTED
MOTION:
APPROVED~ DISAPPROVED:
~evv.served upgg Applicant, the Planning and Zoning Department, Public Wor]
B Dated: Z-6-~7/ [
City Clerk-
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page
ORDER OF DECISION GRANTING A VARIANCE / VAR-00-025
PINNACLE ENGINEERS, INC., - JEFFREY L. MANSHIP
TUMBLE CREEK SUBDIVISION NO. 6
the
11-9-1 11-9-1
CHAPTER9
ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS
SECTION:
1 1-9-1:
11-9-2:
1 1-9-3:
11-9-4:
Zoning Schedule Of Bulk And Coverage Controls
Supplemental Yard And Height Regulations
Site Planning Review
Accessory Use Provisions
11-9-1: ZONING SCHEDULE OF BULK AND COVERAGE
cONTROLS: See following page for "Zoning Schedule Of
Bulk and Coverage Controls" table.
City of Meridian