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HomeMy WebLinkAboutStaff Comments Cardigan VAR CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 12, 2006 STAFF REPORT City Council Hearing September 12, 2006 Mayor and City Council ~'!';'~ cUe;idl;~n:~ .~ i' U.\l-I() ~ '~. t, '~'~'" -".~-/: . ,~- ~(1_1~ .~fii'i . ...~I..."""! ..~:..,....}:!:.~/-: - ) i;hl Hearing Date: TO: FROM: SUBJECT: Sonya Watters, Assistant City Planner Cardigan Bay Subdivision Variance Request for a variance to UDC 11-3A-17D to not require a sidewalk along N. Larkwood Place in Cardigan Bay Subdivision, by Engineering Solutions, LLP (File #V AR-06-019). 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting a variance from Section 11- 3A-17D of the Unified Development Code (UDC), which requires sidewalks on both sides of the street. The applicant's justification for the variance is outlined below. 2. SUMMARY RECOMMENDATION Staff is recommending approval of the subject Variance application (V AR-06-019) for the reasons listed herein. We find that the application meets all of the findings required in the UDC in order for the City Council to grant a variance (see Exhibit C). 3. PROPOSED MOTION (to be considered after the public hearing) Update Approval After considering all staff, applicant and public testimony, I move to approve File Number V AR- 06-019 as presented in the staff report for the hearing date of September 12, 2006. Denial After considering all staff, applicant and public testimony, I move to deny File Number V AR-06- 019 as presented in the staff report for the hearing date of September 12, 2006, for the following reasons: (you should state specific reasons for denial.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number V AR-06-019 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 5450 and 5500 N. Larkwood Place SE ~, Section 30, Township 4N., Range IE. b. Owners David M. and Rebecca S. Callister 2873 W. Wind Drive Eagle, ill 83616 c. Applicant: Big River, LLC (David M. and Rebecca S. Callister) 2873 W. Wind Drive Eagle, ill 83616 Cardigan Bay Sub Variance V AR-06-019 PAGE 1 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 12,2006 d. Representative: Becky McKay, Engineering Solutions, LLP e. Present Zoning: R-2 and R-4 f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: The applicant is requesting a variance from UDC 11-3A- 17D, which requires sidewalks on both side of the street, to be allowed not to construct a sidewalk along N. Larkwood Place. h. Applicant's Statement/Justification: "During the neighborhood meeting and hearing process, existing neighbors, along with Ada County Highway District, voiced concern over constructing a sidewalk on N. Larkwood Place, as the existing street is contructed as a rural road section and does not contain sidewalks. The project was approved without sidewalk. Staff requested that a formal variance application be submitted for approval." 4. PROCESS FACTS a. The subject application will in fact constitute a variance as determined by City Ordinance. By reason ofthe provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11- 5A-l), a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: August 21 and September 4,2006 c. Radius notices mailed to properties within 300 feet on: August 18, 2006 d. Applicant posted notice on site by: September 2, 2006 5. LAND USE a. Existing Land Use(s): Rural residential property b. Description of Character of Surrounding Area: Single family residential c. Adjacent Land Use and Zoning 1. North: Proposed Madelynn Estates Subdivision, zoned R-4. 2. West: Larkwood Subdivision, zoned RUT (Ada County). 3. South: Larkwood Subdivision, zoned RUT (Ada County) and proposed Tustin Subdivision, zoned R-4. 4. East: Rural residential property, zoned RUT. d. History of Previous Actions: AZ-06-010, PP-06-008 6. UNIFIED DEVELOPMENT CODE The following UDC section(s) are pertinent to this application: a. UDC 11-3A-17D: Sidewalks and Parkways: "Sidewalks shall be required on both sides of the street, except where the average width of lots, as measured at the street frontage line or at the building setback line, is over one hundred fifty feet (150'); sidewalks on only one side ofthe street may be allowed." 7. ANALYSIS 9.1 The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-5BAE of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed Cardigan Bay Sub Variance V AR-06-019 PAGE 2 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 12, 2006 in the district: Staff fmds that Larkwood Subdivision, the rural residential subdivision to the west and south of the subject property, was developed in Ada County with access provided from N. Larkwood Place. Larkwood Place provides access to 6 lots that are part of this development. North Larkwood Place is a paved local roadway that was not required to be improved with curb, gutter or sidewalks. Cardigan Bay Subdivision was approved by City Council without a sidewalk for those lots taking access on the east side of N. Larkwood Place. As part of that approval, the City required that the Applicant obtain a variance from UDC 11- 3A-17D, which requires sidewalks to be installed on both sides of the street, prior to approval of the final plat. Because the rest of Larkwood Place does not currently (nor will likely ever) have sidewalks, staff finds that the granting of the variance shall not grant a right or special privilege that is not otherwise allowed in the distri ct. B. The variance relieves an undue hardship because of characteristics of the site; North Larkwood Place was constructed without sidewalks and Council amended the condition of the preliminary plat requiring installment of sidewalks along Larkwood Place because the existing residents did not want sidewalks and Ada County Highway District (ACHD) did not require them. Due to this, staff fmds that the granting of the variance shall relieve an undue hardship because of characteristics of the site and the desire of the existing residents to maintain a more rural atmosphere in their neighborhood. C. The variance shall not be detrimental to the public health, safety, and welfare. Staff finds that allowing this subdivision to be constructed without a sidewalk adjacent to N. Larkwood Place will not be detrimental to the public health, safety, and/or welfare. 8. EXHIBITS A. Required Findings from UDC (Variance) Cardigan Bay Sub Variance V AR-06-0 19 PAGE 3 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 12, 2006 Exhibit A: Required Findings from UDC (Variance) The City Council shall apply the standards listed in Idaho Code 67~6516 and all the findings listed in Section 11-5B-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the followingjindings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: Staff finds that Larkwood Subdivision, the rural residential subdivision to the west and south of the subject property, was developed in Ada County with access provided from N. Larkwood Place. Larkwood Place provides access to 6 lots that are part of this development. North Larkwood Place is a paved local roadway that was not required to be improved with curb, gutter or sidewalks. Cardigan Bay Subdivision was approved by City Council without a sidewalk for those lots taking access on the east side of N. Larkwood Place. As part of that approval, the City required that the Applicant obtain a variance from UDC 11-3A-17D, which requires sidewalks to be installed on both sides of the street, prior to approval of the final plat. Because the rest of Larkwood Place does not currently (nor will likely ever) have sidewalks, staff finds that the granting of the variance shall not grant a right or special privilege that is not otherwise allowed in the district. B. The variance relieves an undue hardship because of characteristics of the site; North Larkwood Place was constructed without sidewalks and Council amended the condition of the preliminary plat requiring installment of sidewalks along Larkwood Place because the existing residents did not want sidewalks and Ada County Highway District (ACHD) did not require them. Due to this, staff fmds that the granting of the variance shall relieve an undue hardship because of characteristics of the site and the desire of the existing residents to maintain a more rural atmosphere in their neighborhood. C. The variance shall not be detrimental to the public health, safety, and welfare. Staff finds that allowing this subdivision to be constructed without a sidewalk adjacent to N. Larkwood Place will not be detrimental to the public health, safety, and/or welfare.