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HomeMy WebLinkAboutCardigan Bay Sub Variance VAR-06-019 RECEIVED SEP 2 0 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER Meridian , erk Office ~g /~rnll' ~,,-~, '-.-/VLerldian ' ~ ;",~. IU,\HO ,~ \~+ J' '('-,,/ "~~'t!_~_'!:~ t'.'_,,"L~1 s_,.~;:!r' I"",,' lh:, In the Matter of the Variance request to UDC 11-3A-17D to not require a sidewalk along N. Larkwood Place in Cardigan Bay Subdivision, by Big River, LLC. Case No(s). V AR-06-019 For the City Council Hearing Date of: September 12, 2006 (Findings approved on September 26, 2006) A. Findings of Fact 1. Hearing Facts (See attached Staff Report for the hearing date of September 12, 2006, incorporated by reference) 2. Process Facts (See attached Staff Report for the hearing date of September 12, 2006, incorporated by reference) 3. Application and Property Facts (See attached Staff Report for the hearing date of September 12,2006, incorporated by reference) 4. Required Findings per the Unified Development Code (See attached Staff Report for the hearing date of September 12, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. 967-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. Any conditions shall be reviewable by the City Council pursuant to Meridian City Code 9 II-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECiSiON & ORDER CASE NO(S). VAR-06-019-PAGE 1 of3 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if proposal is allowed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code 9 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's reQuest for a Variance to UDe 11-3A-17D to not reQuire a sidewalk alone N. Larkwood Place in Cardiean Bav Subdivision is approved with no chanees to the staff report. See the Staff Report for the hearine date of September 12. 2006, for more information. D. Attached: Staff Report for the hearing date of September 12, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSiONS OF LAW AND DECiSiON & ORDER CASE NO(S). V AR-06-019- PAGE 2 on By action of the City Council at its regular meeting held on the 2b ~ day of S;~';'-<'I'r' ~2006. COUNCIL MEMBER SHAUN WARDLE VOTED ~ VOTED-fr VOTED~ VOTED~ COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MA YOR TAMMY de WEERD - I.'~~" ; .r-:....~ ATTEST: Copy served upon: e,LE cf.[ % ?(') _ r 181" . '\ .j? / ;,0'..... 71f _~ "" ",...... ~~~. V.,,,''' . / l' '(;.~~. ,,\ V App IcanL IIII(I/f 11\\\\\' "'I \I V Planning Department ~ub1ic Works Department ~ City Attorney BY:~ ItCUY( kll0 1 Y Clerk's Office Dated: q.:;;) ~.. 0 LD CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-06-0] 9- PAGE 3 of 3 CITY OF MERIDIAN PLANN ING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 12,2006 STAFF REPORT City Council Hearing September 12, 2006 ,I ~~ cUe;;diY:n~'\ , .. 10,\1-1(.' } \Z;~ /l '-J~,~!_",_'l~ 1,~!.:~ S.:<~-'--" (:-::r~~t- Hearing Date: TO: FROM: Mayor and City Council 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 SUBJECT: The applicant is requesting a variance from Section 11-3A-17D ofthe 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-06-0l9) 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 ARw06- 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 lB. 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-06-0 19 PAGEl CITY OF MERIDIAN PLANNING AND ZONING DEP ARTMENT 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 ll-3A- l7D, 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 detennined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table lI- SA-I), 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 reauired 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 of the 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 11-5B-4E 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-06.0 19 PAGE 2 CITY OF MERIDIAN PLANNlNG AND ZONlNG DEPARTMENT STAFF REPORT FOR HEARING DATE OF SEPTEMBER 12,2006 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. 8. EXHffiITS 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 thefoUowingfindings: 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 finds 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 torN. Larkwood Place will not be detrimental to the public health, safety, and/or welfare.