HomeMy WebLinkAboutKodiak Subdivision VAR-01-019
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF KODIAK
DEVELOPMENT, LLC / KODIAK
SUBDIVISION, REQUEST FOR
VARIANCE TO EXCEED 1,000
FOOT MAXIMUM LENGTH AND
TO ALLOW PUBLIC ROAD TO
EXCEED 450 FEET MAXIMUM
LENGTH IN AN R-8 ZONE,
LOCATED AT 2435 SOUTH
MERIDIAN, MERIDIAN, IDAHO
C/C 02~ 19-02
)
)
)
)
)
)
)
)
)
)
)
CASE NO. VAR-OI-019
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 Februmy 19, 2002, and Shari Stiles, Planning and Zoning
Administrator, Jim Jewett 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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1
ORDER OF DECISION DENYING VARIANCE /
KODIAK DEVELOPMENT, LLC / KODIAK SUBDIVISION (V AR-OI-019)
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 Vlrithin the City and State.
1. The City of Meridian has authority pursuant to the enactment of the
"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 of Idaho 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 ~ity
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION DENYING VARIANCE I
KODIAK DEVELOPMENT, LLC / KODIAK SUBDIVISION (V AR-OI-019)
Page 2
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, S 11-18-3, and in particular item SI1-18-3 D,
FINDINGS, and in the C-G zone, which provides as follows:
II-18M3 D FINDINGS:
A. That there are such special circumstances orccH1ditions 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION DENYING VARIANCE /
KODIAK DEVELOPMENT, LLC / KODIAK SUBDIVISION (V AR-OI-019)
Page 3
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.
6. That due to the fact that the project does not meet either past or
current ordinances for the planned development, and there is only one single access
into the proposed project,' and the proposed project is not very compatible with the
adjacent Bear Creek Subdivision, and the City Council denied the preliminary plat
application, CASE NO. PP-01-016, the variance request is hereby denied,
STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY
AND JURISDICTION
FINDINGS OF FACT
1. The applicant, Kodiak Develpoment, LLC / Kodiak Subdivision, and Daniel W.
Richards and Douglas M. Olson, owners of the property 1~)Cated at 2435 S. Meridian
Road, filed for a variance of the of the block length and to allow the public road that
is being prop?sed to exceed the maximum 450 foot requirement,
2. 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,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION DENYING VARIANCE!
KODIAK DEVELOPMENT, LLC! KODIAK SUBDIVISION (V AR-OI-019)
Page 4
and is described in the application on file with the City Clerk's office.
3. Pursuant to the testimony and action of the City Council at their February 19,
2002 meeting pertaining to the denial of the preliminmy plat, CASE NO. PP-O 1-0 16,
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 the action of the City Counciil's denial of the corresponding
preliminary plat, CASE NO. PP-OI-016, the Applicant is hereby denied the variance
application, for the real property located at 2435 S. Meridian 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 I 67-6521 an affected person being a person "vho
has an interest in real property which may be adversely affected by the issuance or
denial of a variance, 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, I,daho
Code.
FINDINGS OF FACT AND CONCLUSIONS OF LA W AND --
ORDER OF DECISION DENYING VARIANCE I
KODIAK DEVELOPMENT, LLC I KODIAK SUBDIVISION (V AR-OI-019)
Page 5
By action of the City Council at its regular meeting held on the ! 6.-f.6:.. day
of
~
,2002.
ROLLCALL:
COUNCILMAN KEITH BIRD VOTED~t-
COUNCILWOMAN TAMMY deWEERD VOTED$.........
COUNCILWOMAN CHERIE McCANDLESS VOTED$---
COUNCILlvIAN 'WILLIAM L.M. NARY VOTED$<<-
-
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: 4-(6 .-02-
MOTION: APPROVED: ~
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and the City Attorney office.
-'~
,.
';"':"~
''1:",
BJI~#~ /J Dated: 4~/1",C2-
City Clerk r
Z:\Work\M\Meridian\Meridian 15360M\Kodiak Sub rrOl-0 16 CU001-029 v AR01-019\FrClsDenyVariance.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION DENYING VARIANCE /
KODIAK DEVELOPMENT, LLC / KODIAK SUBDIVISION (V AR-OI-019)
Page 6