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Home My WebLink AboutOlson Bush Sub 2 VAR 02-013 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF R2 ) DEVELOPMENT, INC., FOR A ) VARIANCE FOR A SECOND TIME ) EXTENSION OF THE ONE YEAR ) TIME FRAME FOR FINAL PLAT ) RECORDING FOR OLSEN BUSH ) SUBDIVISION NO.2, LOCATED ) WEST OF NORTH EAGLE ROAD, ) NORTH OF EAST FRANKLIN ROAD, ) MERIDIAN, IDAHO ) CIC 09-03-02 V AR-02-0I3 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 September 3, 2002, and Brad Hawkins-Clark of the Planning and Zoning Department, and Brad Miller, appeared and testified, 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 I. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title II Municipal Code ofthe City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 B January 4, 1994 and Maps. Page 1 of 9 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE I V AR-02-0 13 OLSEN BUSH SUBDIVISION NO.2 I R2 DEVELOPMENT 2. The requirements ofIdaho Code 9967-6509,6516 and Meridian City Code 9911-15- 5 and 12-11-3 as evidenced in the record of this matter. 3. That the applicant was granted a one year time extension until August 1, 2002, and the reason for this variance is that the applicant can only receive one time extension and a second time extension requires a variance. The delay pertains to easement problems, getting plans completed and approved, everything has been worked out and the project is now ready to move along. Additionally, the applicant shall comply with all the ordinances that are in effect presently for future buildings in the subdivision. 4. The Applicant is R2 Development, Inc., whose address is 3084 East Lanark, Meridian, Idaho 83642. 5. The owner of the property is the same as the applicant in 3 above. 6. The location of the subject property is presently located in an I-L (Light Industrial District), and which subject property is located west of North East Road, north of East Franklin Road, Meridian, Idaho. 7. The legal description of the property appertains to the real property that is included within the Vicinity Map, and is attached hereto as Exhibit "A" and consisting of one page, and as the legal description appears in the record of proceeds of this matter, and which is on file with the Meridian City Clerk's office. 8. The present land use of subject property is presently zoned as I-L (Light Industrial District), and which subject property is presently pasture. 9. The proposed land use of subject property is to develop the subject property into a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I V AR-02-0 13 OLSEN BUSH SUBDIVISION NO.2 I R2 DEVELOPMENT Page 2 of 9 res.idential subdivision, and which subdivision is to be developed and to be known as Olsen Bush Subdivision No.2. 10. That a vicinity map, attached hereto as Exhibit "A" and consisting of one page, ofthe proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been furnished. 11. The Applicant seeks a variance of the following provision of the Meridian City Code, 912-3-8, APPROVAL OF FINAL PLAT, and in the I-L zone if granted, which provides as follows: 12-3-8 APPROVAL OF FINAL PLAT: A. Time Limit: Final plat shall be filed with the County Recorder within one year after written approval by the Council; otherwise, such approval shall become null and void, unless prior to said expiration date an extension of time is applied for by the applicant and granted by the Council. The Council may authorize an extension ofthe final plat for a period not to exceed one year from the end of the original one year period. B. Request For Extension: Any request for an extension must be filed with the Zoning Administrator prior to the lapse of the original one year and must be in writing. 12. All property owners within three hundred feet (300') ofthe 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. 13. Applicant states poor market conditions and delays in the completion of the construction drawings as the reason for the variance request. It is not found that the reasons cited do not make recordation of the final plat impracticable and unreasonable. 14. It is found that strict compliance with the requirements of this Title are not due to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- O'RDER OF DECISION GRANTING A VARIANCE I V AR-02-013 OLSEN BUSH SUBDIVISION NO.2 I R2 DEVELOPMENT Page 3 of 9 unusual topography, the nature or condition of adjacent development, or other physical conditions. 15. It is found that the requested variance will not necessarily 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 permit for all lots within the subdivision. 16. There seems to be no violation ofthe provisions of the Idaho Code by the issuance of the requested variance. 17. It is found that the issuance of a variance for this project will not violate the intent and purpose ofthe Meridian City Code and the Comprehensive Plan, as long as there is compliance with all ordinances in effect at the time building permits are sought. 18. 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 ofl975 codified at Chapter 65, Title 67, and in particular, by the provisions ofIdaho Code 9 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 ofIdaho Code 9 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code 9 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code 9 67-6509, 6516 and Meridian City Code 9911-15-5 and 11-17-5. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I V AR-02-0 13 OLSEN BUSH SUBDIVISION NO.2 I R2 DEVELOPMENT Page 4 of 9 4. Application and standards for variances are set forth in Meridian City Code 9 11-18- 2, and the findings which are required are set forth in Meridian City Code 9 11-18-3, include required findings that there are special circumstances or conditions affecting the property that strict application ofthe 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 12-3-8, APPROVAL OF FINAL PLAT, and in the I-L zone if granted, provides as follows: 12-3-8 APPROVAL OF FINAL PLAT: A. Time Limit: Final plat shall be filed with the County Recorder within one year after written approval by the Council; otherwise, such approval shall become null and void, unless prior to said expiration date an extension of time is applied for by the applicant and granted by the Council. The Council may authorize an extension ofthe final plat for a period not to exceed one year from the end of the original one year period. B. Request For Extension: Any request for an extension must be filed with the Zoning Administrator prior to the lapse of the original one year and must be in writing. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I V AR-02-013 OLSEN BUSH SUBDIVISION NO.2 I R2 DEVELOPMENT Page 5 of 9 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 for a second time extension of one year time frame until August 1,2003, for final plat recording for Olsen Bush Subdivision No.2 in the 1- L zone for the reasons as stated above, and additionally, the applicant shall comply with all the ordinances that are in effect presently for future buildings in the subdivision.. 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 Section 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 APPROVAL OF FINAL PLAT requirements in the I-L Zone as provided in the Section 12-3-8 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 /71/J.. day of ~kyyv~ ,2002. ROLL CALL: COUNCILMAN KEITH BIRD VOTED ~ COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCIL WOMAN CHERIE McCANDLESS VOTED ~ COUNCILMAN WM. L. M. NARY VOTED$pv FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE I V AR-02-0 13 OLSEN BUSH SUBDIVISION NO.2 I R2 DEVELOPMENT Page 6 of 9 - MAYOR ROBERT D. CORRIE (TIE BREAKEq DATED: -/7-02- VOTED MOTION: APPROVED:~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. Bye!~~~9 Dated: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE I V AR-02-0 13 OLSEN BUSH SUBDIVISION NO.2 / R2 DEVELOPMENT Page 7 of 9 m ". ~. z ^ r Z :;c C .e; ~ '" NEAGLE RD " ''11 ExJa..b.~"" I' [ C "'0 :;c :;c < -. (') -' :::J ~ s: D) "'0 ....\. - \I V> o o - \ I