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Home My WebLink AboutBear Creek VAR 02-010 MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy deWeerd Keith Bird Chexi¢ MeCandless William L.M. Nary HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 8884433' FAX (208) 8874813 Ck'y Clerk Office Fax (208) 8884218 LEGAL DEPARTMENT (208) 288-2499 · Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 · Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 · FAX 888-6854 MEMORANDUM: To: From: Re: Mayor and City Council David McKinnon, Planner II CITY OF MERIDIAN CI'FY CLF_-_RK OFF!C~ Request for a Variance from Meridian City Code (MCC) 11-9-1 (Minimum Street Frontage), to Allow the Construction of a New Home on a Corner Lot that Will Front on the Side of the Lot That Does Not Meet the Minimum Eighty- Foot (80') Frontage Requirement, at 714 W. Calderwood Street by Bear Creek LLC. (File No. VAR-02-010). The Planning and Zoning staff has reviewed the applicant's submittal, and we offer the following comments and recommendations: APPLICATION SUMMARY The Applicant, Bear Creek LLC, has asked for a variance to allow the construction of a new home on a comer lot (Calderwood Street and S. Beartooth Way) that will front on the side of the lot that does not have the minimum eighty-feet (80') of required frontage (S. Beartooth Way). The subject property, Lot 1, Block 3 of Bear Creek Subdivision No. 1, is shown on the recorded final plat with an arrow pointing to Calderwood Street, indicating that the home to be built on the lot would be required to front on Calderwood Street, because the portion of the lot fronting S. Beartooth Way has less than the minimum required frontage for the R-4 zone. Lot frontage for a comer lot is calculated by taking the length of the lot, plus half of the comer chord length. If the subject lot is measured in this manner, the S. Beartooth Way frontage is only seventy feet (70') in length. The Meridian City Code 0VICC) does not specify that this is how the measurement is to be taken, however this has been the standard method for measuring frontage on a comer lots in Meridian for a number ofycars. The Applicant correctly points out that the lot is over eighty feet wide when measuring the lot at the required twenty foot (20') front setback. Nevertheless "frontage" is not measured twenty feet (20') on the interior of lots. LOCATION The Applicant's property is located at 714 West Calderwood Street, within the Bear Creek Subdivision. Brea Creek No. I Var VAR-~-010 Mayor and Council July 29, 2002 Page 2 SURROUNDING PROPERTIES North - Residential, zoned R-4. South - Residential, zoned R-4. East - Residential, zoned R-4. West - Residential, zoned R-4. 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 (MCC11-81-3), 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 there are no special circumstances or conditions affecting the property that makes the strict application of the provisions of this title impracticable or unreasonable. The Applicant may not be able to build certain homes on the lot, but many different homes could be built on this lot fronting Calderwood. Furthermore, the proposed building foot print included with the application can be rotated to fit on the lot facing Calderwood, and still meet all of the setbacks. The City has required directional arrows on all plats when the frontage on a comer lot is less than the minimum. This is not a unique or special circumstance within the City of Meridian. 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; As noted above, staff does not feel that there are any special circumstances (due to unusual tOpography, nature or condition of adjacent development or any physical conditions) that make strict compliance unreasonable. The applicant platted the lot in this configuration, and could have altered the lot to have additional frontage along S. Beartooth Way. VAR-02-010 1~ Cr~k No. l. Vm' Mayor and Council July 29, 2O02 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 f'mds that the requested variance will not be detrimemal to the public's welfare or injurious to other properties in the area. However, the goals and objectives of the MCC will be compromised should a variance be granted. 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. Do 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 the reduction of the minimum frontage requirement will have the effect of altering the purpose and interest of the Zoning Ordinance. Staff does not feel that variances should be issued for the sake of convenience. Staff finds that the Applicant can design a house to fit on the existing lot that will meet all of the MCC requirements. STAFF RECOMMENDATION Staffrecommends denial of this variance request. VAR-02-010 Bear Creek No. l.Var M AY O R ~.~ - ,~'~'.,:g.4.',,~ Robert D. Corrie C~TY O~ qlt CITY COUNCIL MEMBERS ~,y Tammy deWeerd v William L. M, Nary ~k IDAHO Cherie McCandless ~ ..... Keith Bird ~z~ ~sc.,~e LEGAL DEPARTMENT (208) 288-2499 · Fax 288-2501 PARKS & RECREATION (208 888-3579 · Fax 898-5501 PUBLIC WORKS (208) 898-5500 -Fax 88'7-1297 · BUILDING DEPARTMENT (208) 887-22 l I · 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: August 15, 2002 By: Location of Property or Project: July 23, 2002 Hearing Date: August 20, 2002 VAR 02-010 Request for a Variance from the minimum lot frontage requirement for Lot 1 Block 3 of Bear Creek Subdivision No. 1 Bear Creek LLC 714 West Calderwood Street David Zaremba, PIZ Jerry Centers. P/Z Leslie Mathes. P/Z Keven Shreeve. P/Z ~o VA~. VAC FP) Keith Borup. PIZ e,, Robert Corrie, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Sen/ice ~o Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department Your Concise Remarks: Meridian School District Meddian Post Office rr-~,~Pon~ .&da County Highway District Community Planning Assoc. Central District Health Nampa Meddian Irdg. District Settlers Irrigation District Idaho Power Co. ~=P/~Pon~ U.S. West ~=P,,,,, on~ Intermountain Gas ~,~ on~ Bureau of Reclamation (FP/PP only) idaho Transportation Department Ada County (~z /,,n RECEIVED JUL 2 6 2002 City of Meridian City Clerk Office 33 EAST IDAHO · MERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 887-4813 · City Clerk Office Fax (208) 888-4218 · Human Resources Fax (208) 884-8723 Ada County Highway District David E. Wynkoop, President Dave Bivens, 1st Vice President Judy Peavey-Derr, 2nd Vice President Susan S. Eastlake, Commissioner Sherry R. Huber, Commissioner 318 East 37th Street Garden City ID 83714-6499 Phone (208) 387-6100 FAX (208) 387-6391 E-maih tellus@ACHD.ada.id.us TO: SUBJECT: July 26, 2002 Bear Creek LLC P.O. Box 344 Meridian, Idaho 83680 MVAR02-010 Setback variance 714 West Calderwood Street RECEIVED 'CITY OF MERIDIAN CITY CLERK OFFICE The Ada County Highway District (^CHD) staff has received and reviewed the application and site plan for the item referenced above and is submitting this no review letter in response to the lead agency's request for comment. Based on the submitted information, it has been determined that the proposed development will generate less than 10 additional vehicle trips per day (VTD); or improvements exist adjacent to the site and ACriD has no site improvement requirements attributable to this application. ACHD policy states that no site related improvements will be required for developments generating less than 10 additional VTD. If the site plan or use changes in such a manner that more than 10 additional vehicle trips per day are generated, then ACriD will review the site plan and may issue requirements based on the ACriD Policy Manual. ACHD policy requires that before any improvements of any kind are constructed or installed within the public right-of- way, a permit or license agreement permitting the improvements must be obtained. All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all apPlicable ACriD Ordinances unless specifically waived in writing by the District. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. Contact District staff at 387-6170 fo~ details. Please contact the office for determination of possible road impact fees, prior to obtaining a building permit. These fees are collected in accordance with Ordinance #195, the Ada County Highway District Road Impact Fee Ordinance. If you have any questions, please feel free to contact me at (208) 387-6170. Sincerely, pment Analyst Planning & Development Cc: Planning & Development/Chron/Project File Planning & Development Services City of Meridian Construction Services Borup Construction Inc. 2250 N. Meridian Road, Meridian, Idaho 83642 Briggs Engineering 1800 W. Overland Road Boise, Idaho 83705 a~l tlaV(. GO.I.S 0 O-- 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 July 29, 2002 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Will Berg, City Clerk City of Meridian 33 East Idaho ~oridi~m;:,iD~ 83 642 Re: VAR 02-010 Variance request for Bear Creek Subdivision No. 1 Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above-mentioned application. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln C~ File - Shop File - Office Water SUPerintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 CENTRALCENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division DEPARTMENT Rezone # Conditional Use # Preliminary / Final / Short Plat . We have No Objections to this Proposal. 1~2. Return to: [~jBoise [~ Eagle [~ Garden City ~:M~dian I~]Kuna ~ACZ We recommend Denial of this Proposal. Cll'¥ OF MERIDIAN ulTY CL. ERK DFr:I ,cF: Specific knowledge as to the exact ~pe of use must be provided before we can comment on th~s ~'ropoSal: ~ 4. We will require more data concerning soil conditions on this Proposal before we can comment. Before we can comment concerning individual sewage disposal, we will require more data conceming the depth of: I~ high seasonal ground water ~ waste flow characteristics I-I or bedrock from original grade I-I other ~ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ~ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. After written approval from appropriate entities are submitted, we can approve this proposal for: ~ central sewage I~ community sewage system r-I community water well [~ interim sewage I~ central water I-I individual sewage ~ individual water l~9. Division of Environmental Quality: I~ central sewage I~ community sewage system [~ sewage dry lines I~ central water 10. Run-off is not to create a mosquito breeding Problem. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, I~ community water [~ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ~ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 14. We will require plans be submitted for a plan review for any: I~l food establishment I~ swimming pools or spas I~ beverage establishment I~ grocery store child care center Reviewed By: Review Sheet CDHD 9/00 Ikc CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Na~ Cherie McCandless LEGAL DEPA RTM ENT (208) 288-2499 · Fax 288-2501 PARKS & RECREATION (208 888-3579 · Fax 898-5501 PUBLIC WORKS (208) 898-5500 .Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING AND ZONING (208) 884-5533 · Fax 888-6850. 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: August 15, 2002 By: Location of Property or Project: July 23, 2002 Heating Date: August 20, 2002 VAR 02-010 Request for a Variance from the minimum lot frontage requirement for Lot 1 Block 3 of Bear Creek Subdivision No. 1 Bear Creek LLC 714 West Calderwood Street David Zaremba, PIZ ~o v,~, VAC, F~ Jerry Centers, P/Z ~w vA~. va~ ~9 Leslie Mathes, P/Z ~,, VA~, V,~ ~ Keven Shreeve, PIZ ¢~o VA~ VA~ ~ Keith Borup, P/Z ~, vA~, VAC. Robert Corde, Mayor Bill Nary, C/C Tarnmy deWeerd, CiC Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Meridian School District Meddian Post Office (FP/PPonly) Ada County Highway Distdct Community Planning Assoc. Central Distdct Health Nampa Meddian Irrig. District Settlers Irrigation Distdct Idaho Power Co. U.S. West ~,~,P Intermountain Gas ~,~ Bureau of Reclamation Idaho Transportation Department Sanitary Service ~ v~.~ Building Department Fire Department Police Department City Attomey City Engineer City Planner Parks Department 33 EAST IDAHO * MERIDIAN, IDAHO 83642 (208) 8884433 * Fax (208) 88%4813 * City Clerk Office Fax (208) 888-4218 * Human Resources Fax (208) 8844723 MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird IDAHO LEGAL DEPARTMENT (208) 288-2499 · Fax 288-250[ PARKS & RECREATION (208 ,.888-3579 · Fax 898-5501 PUBLIC WORKS (208) 898-5500 .Fax 887-1297 · BUILDING 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 e~t~e~d~ian~ity To insure that your comments and recommendations will be consider Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: Transmittal Date: File No.: Request: August 15, 2002 By: Location of Property or Project: July 23, 2002 Hearing Date: August 20, 2002 VAR 02-010 Request for a Variance from the minimum lot frontage requirement for Lot 1 Block 3 of Bear Creek Subdivision No. 1 Bear Creek LLC 714 West Calderwood Street David Zaremba, PIZ ~ VA~ VA~ m Jerry Centers, P/Z ~, VA~ VA~ m Leslie Mathes, P/Z ~ v~ v~ n,) Keven Shreeve, P/Z 0w v~, v,~m Keith Borup, P/Z ~, v~ w~ m Robert Corrie, Mayor Bill Nary. C/C Tammy deWeerd, C/C Keith Bird, CIC Chede McCandless, CIC Water Department Sewer Department Sanitary Service ~, v,..~ v,~ m Building Department Fire Department Police Department City Attorney City Engineer City Planner Pa~.s Department Meridian School District Meridian Post Office Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. 'U.S. West ~,~,,,,~ Intermountain Gas ~P/PP ~.u Bureau of Reclamation Idaho Transportation Department Ada County (AZ o~ Your Concise Remarks:. 33 EAST IDAHO · MERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 88%4813 RECEIVED AUG 1 3 2002 City of Meridian City Clerk Office · City Clerk Office Fax (208) 888-4218 * Human Resources Fax (208) 884-8723 MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird LEGAL DEPARTMENT (208) 288-24.99 · Fax 288-2501 PARKS & RECREATION (208 888-3579 · Fax 898-5501 PUBLIC WORKS (208) 898-5500 -Fax 887-1297 BUILDING 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: August 15, 2002 By: Location of Property or Project: July 23, 2002 Hearing Date: August 20, 2002 VAR 02-010 Request for a Variance from the minimum lot frontage requirement for Lot 1 Block 3 of Bear Creek Subdivision No. 1 Bear Creek LLC 714 West Calderwood Street David Zaremba, PIZ Jerry Centers, PIZ Leslie Mathes, PIZ Keven Shreeve, PIZ Keith Borup, P/Z ~ VA~, VA~ Robert Corrie, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service ~ VA~, V,~= Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department RECEIVED JUL 2 6 2002 City of Meridian (~ity Clerk Office Meddian School District Meddian Post Office Ada County Highway District Community Planning Assoc. Central Distdct Health Nampa Meddian Irdg. Distdct Settlers Irrigation District Idaho Power Co. U.S. West ~,~,e I ntermountain Gas ~¢~, ~ Bureau of Reclamation Idaho Transportation Department Ada County Your Concise Remarks: JUL 2 "'", , CITY OF MERIDLtN WASTEWATER DEPT. 33 EAST IDAHO · MERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 887-4813 · City Clerk Office Fax (208) 888-4218 · Human Resources Fax (208) 884-8723