Burlile, Todd AP 02-001 OrderBEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 9/24/02
IN THE MATTER OF THE APPEAL
OF THE PLANNING AND ZONING
STAFF'S DENIAL OF
APPLICATION TO ALLOW A GATE
REAR PROPERTY LINE FOR
ACCESS TO REAR YARD OF
RESIDENCE
CASE NO. AP-02-001
FINDINGS OF FACT, CONCLUSIONS
OF LAW, DECISION AND ORDER ON
GRANTING APPEAL,
OVERRULING PLANNING
AND ZONING STAFF'S
DENIAL OF APPLICATION
BY: TODD BURLILE
This matter coming before the City Council on September 24, 2002, at the hour of 7:00
o'clock p.m., at the Meridian City Council Chambers, Meridian, Idaho, upon the appeal of Todd
Burlile, and the Council having received the Appeal Application Form, and the record in this
matter, and having heard the arguments and presentation of David McKinnon, Planning and
Zoning Planner, and the Applicant, Todd Burlile, and being fully advised in the issues the
following Findings of Fact and Conclusions of Law and Decision and Order:
FINDINGS OF FACT
Todd Burlile submitted for approval, to the Planning & Zoning Department, a
proposal to allow a gate on rear property line for access to rear yard of residence
from Nampa-Meridian Irrigation District access road behind lot.
2. The Planning and Zoning Department denied Todd Burlile's request for the
following reasons:
a. The final plat has a recorded note that states that direct lot access to Black
Cat is prohibited unless ACHD and the City of Meridian agree to allow
access.
FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING
APPEAL, OVERRULING PLANNING AND ZONING STAFF'S DENIAL OF
APPLICATION -- 1
b. The removal and relocation of existing landscaping and the placement of a
driving surface in the southeast comer of the subdivision does not add to
the visual appeal of the streetscape.
c. The new driveway into Mr. Burlile's backyard will cross over either the
existing or future sidewalk.
d. The future expansion of Black Cat Road will place the gate only 20' from
the edge of future right of way.
e. The granting of the lot access by the City may create the situation that all
homes within the subdivision that backup to the common lot to be able to
use the common lot as a driveway into the back of each of the
homeowner's individual lots. Thirteen lots abut the common lot.
3. Mr. Burlile has received approval from the Turnberry Homeowner's Association
to remove and relocate the existing landscaping, and to utilize the subdivision
common lots for cross over access.
4. ACHD has approved a license agreement to allow access from the common lot
onto Black Cat Road, at least until such time that Black Cat is widened.
5. NMID has written a letter in support of a gate in this location because the
District's facilities are in Mr. Burlile's backyard and they may require repair,
clean out, etc., and vehicular access would be necessary across that portion of Mr.
Burlile's backyard.
6. Joseph Silva, Deputy Fire Chief, Fire Prevention, commented that he has no
concerns regarding the installation of the proposed gate.
Todd Burlile timely filed an appeal of the P&Z staff's determination and decision
for hearing before the City Council.
8. This particular lot does not have 10' space on either side of the house through
which the homeowner could access his backyard.
The appeal to allow a gate on the rear property line for access to the rear yard of
the residence from Nampa & Meridian Irrigation District access road behind the
lot, which is physically located at 4881 West Tournament Drive, Meridian, Idaho,
shall apply only to said parcel, and which legal description is described as
follows:
Lot 8 in Block 1 of THE TURNBERRY SUBDIVISION NO. 2, according to the
official plat thereof, filed in Book 81 of Plats at Pages 8835-8836, records of Ada
County, Idaho.
FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING
APPEAL, OVERRULING PLANNING AND ZONING STAFF'S DENIAL OF
APPLICATION -- 2
CONCLUSIONS OF LAW
The City ordinances provide at Meridian City Code Section 11-3-4 for an appeal,
hearing and review by the City Council of an order, requirement, decision,
interpretation or determination by Planning and Zoning staff.
2. Good reasons exist for overruling Planning and Zoning Staff's decision because
of the unique circumstances involving this particular lot.
DECISION AND ORDER GRANTING APPEAL, OVERRULING PLANNING
AND ZONING STAFF'S DENIAL OF A GATE ON REAR PROPERTY LINE
FOR ACCESS TO REAR YARD OF RESIDENCE FROM NAMPA-MERIDIAN
IRRIGATION DISTRICT ACCESS ROAD BEHIND LOT OF TODD BURLILE
Based upon the above and foregoing Findings of Fact and Conclusions of Law IT
IS HEREBY ORDERED AND THIS DOES ORDER THAT:
The decision of the Planning and Zoning staff on a gate on rear property
line for access to rear yard of residence from Nampa-Meridian Irrigation
District access road behind lot by Todd Burlile is hereby overruled, and
the Applicant, Todd Burlile, is hereby allowed to construct a gate for
access to the rear yard.
Access will be restricted to RV-type access only until such time as ACRD
approval is revoked, further, access is not to be used for a carport or a
driveway.
3. Applicant shall submit proof of across-over easement access agreement
with the Turnberry Homeowner's Association.
4. The access shall apply only to the Burlile property which is physically
located at 4881 West Tournament Drive, Meridian, Idaho, and which legal
description is as follows:
Lot 8 in Block 1 of THE TURNBERRY SUBDIVISION NO.2, according
to the official plat thereof, filed in Book 81 of Plats at Pages 8835-8836,
records of Ada County, Idaho.
FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING
APPEAL, OVERRULING PLANNING AND ZONING STAFF'S DENIAL OF
APPLICATION -- 3
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 denial of the appeal
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.
B action of the City Council at its regular meeting held on the ~~~ day of
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ROLL CALL
Councilman Bird Voted~~
Councilwoman deWeerd Voted~~
Councilwoman McCandless Voted~~
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Councilman Nary
Mayor Robert D. Corrie Tie Breaker) Voted
DATED: - - CJ Z
MOTION:
APPROVED: DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney. \`"~~,,,,,,,,,,~r r
BY:
CLERK
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FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING
APPEAL, OVERRULING PLANNING AND ZONING STAFF'S DENIAL OF
APPLICATION -- 4