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HomeMy WebLinkAboutBear Creek VAR 02-010 BEFORE THE MERIDIAN CITY COUNCIL CIC 08-20-02 IN THE MATTER OF THE ) APPLICATION OF BEAR CREEK, LLC ) I BEAR CREEK SUBDIVISION, ) REQUEST FOR A VARIANCE FROM ) THE MINIMUM LOT FRONTAGE ) REQUIREMENT FOR LOT I, BLOCK 3 ) IN AN R-4, LOCATED AT 714 W. ) CALDERWOOD, MERIDIAN, IDAHO ) ) CASE NO. V AR-02-010 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION DENYING VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on August 20, 2002, and David McKinnon, Planner II for the Planning and Zoning Department, Gary Smith, Public Works Director, and Matt Schultz, appeared and testified at the hearing, 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: STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT I. The applicant, Bear Creek, LLC, and Borup Construction, Inc., owner of the property located on Lot I, Block 3 of Bear Creek Subdivision at 714 W. Calderwood Street, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE I BEAR CREEK, LLC I BEAR CREEK SUBDIVISION (V AR-02-0 I 0) Page I of 7 Meridian, Idaho, filed for a variance of the minimum lot frontage requirements of the Meridian City Code at 911-9-1. 2. Applicant, Bear Creek, LLC, seeks a variance of the minimum lot frontage requirement to build a home that would front on the side of the lot that does not have the minimum 80' of required frontage. 3. The location of the subject property is located in a Low Residential Density District (R-4) on Lot I, Block 3 at 714 W. Calderwood, Meridian, Idaho. 4. 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 which is on file with the City Clerk's office. 5. It is found that there are no special circumstances or conditions affecting the property that makes the strict application ofthe 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 footprint 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 corner lot is less than the minimum. This is not a unique or special circumstance within the City of Meridian. 6. It is found there are no 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE I BEAR CREEK, LLC I BEAR CREEK SUBDIVISION (V AR-02-01O) Page 2 of 7 to have additional frontage along S. Beartooth Way. 7. It is found that the requested variance will not be detrimental to the public's welfare or injurious to other properties in the area. However, the goals and objectives of the Meridian City Code will be compromised should a variance be granted. 8. It is also found 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. Variances should not be issued for the sake of convenience. It is additionally found that the applicant can design a house to fit on the existing lot that will meet all of the MCC requirements. 9. Meridian City Code, 9 11-18-3, and in particular item 911-18-3 D, FINDINGS, and in the R-4 zone, provides as follows: 11-18-3 D FINDINGS: A. 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. B. 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. C. 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. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE I BEAR CREEK, LLC I BEAR CREEK SUBDIVISION (V AR-02-0 I 0) Page 3 of 7 STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW Judicial Notice: The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 1. The City of Meridian has authority pursuant to the enactment ofthe "Local Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code and in particular in S 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has duly exercised its authority ofIdaho Code S 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code S 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code S 67-6509, 6516 and Meridian City Code SS 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code S 11-18-2, and the findings which are required are set forth in Meridian City Code S 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 result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE I BEAR CREEK, LLC I BEAR CREEK SUBDIVISION (V AR-02-0 I 0) Page 4 of 7 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. Pursuant to the staff and public testimony and action of the City Council at their August 20, 2002 meeting, that the request for variance should be denied. 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. Pursuant to SS 11-18-3 and 11-9-1 of the Meridian City Code, the Applicant is hereby denied the variance from the minimum lot frontage requirement as per the decision of the City Council at their August 20,2002, meeting, for the real property located on Lot I, Block 3 of Bear Creek Subdivision at 714 W. Calderwood Street, 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 S 67-6521 an affected person being a person who has an interest in real FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE I BEAR CREEK, LLC I BEAR CREEK SUBDIVISION (V AR-02-01O) Page 5 of 7 property which may be adversely affected by the issuance or denial of a variance from the minimum lot frontage requirement of 11-9-1, and may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the $- r.5- day of J'-e-p Ie h-v6-e--- , ,2002. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ VOTED ~ VOTED~ VOTED~ COUNCILWOMAN TAMMY deWEERD COUNCIL WOMAN CHERIE McCANDLESS COUNCILMAN WM. L.M. NARY - MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: tf-:3-0'Z- MOTION: APPROVED: ~ -- VOTED DISAPPROVED: BJI,ia...o~~ Dated: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION DENYING VARIANCE I BEAR CREEK, LLC I BEAR CREEK SUBDIVISION (V AR-02-0 I 0) City Clerk Z:\Work\M\Meridian\Meridian t5360M\Bear Creek Sub V AR02-010 Denial\FtclsDenyVariance.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE I BEAR CREEK, LLC I BEAR CREEK SUBDIVISION (V AR-02-010) Page 7 of 7