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HomeMy WebLinkAboutMurdoch Subdivision No. 2 VAR-01-004BEFORE THE MERIDIAN CITY COUNCIL C/C 4-17-01 IN THE MATTER OF THE ) APPLICATION OF HOWELL: ) MURDOCH DEVELOPMENT ) COPORATION, FOR A ) VARIANCE OF THE !,000 FOOT ) BLOCK LENGTH FOR ) PROPOSED MURDOCH ) SUBDIVISION NO. 2, LOCATED ) ON THE WEST SIDE OF ) LOCUST GROVE ROAD, ) APPROXIMATELY 1,300 FEET ) SOUTH OF FRANKLIN ROAD, ) MERIDIAN, IDAHO ) VAR-01-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on April 3, 2001 and continued until April 17, 2001, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant was Matthew B. Schultz of J-U-B Engineers, and no one appeared in opposition, 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 -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-004 HOWELL-MURDOCH DEVELOPMENT / MURDOCH SUBDIVISION NO. 2 Page 1 of 9 FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps. 2. The requirements of Idaho Code §§ 67-6509, 6516 and Meridian City Code ~3 11-15-5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Howell-Murdoch Development Corporation, whose address is 1087 W. River Street, Suite 250, Boise, Idaho 83702. 4. The owners of the property are Howell-Mttrdoch Development Corporation, whose address is 1087 W. River Street, Suite 250, Boise, Idaho 83702. The location of the subject property is presently located in a Medium Density Residential (R-8), and which subject property is located at on the west side of Locust Grove Road, approximately 1,300 feet south of Franklin Road, Meridian, Idaho. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map, and is attached hereto as Exhibit "A' and consisting of one page, and as the legal description appears in the record of proceeds of this matter, and which is on file with the Meridian City Clerk's office. 7. The present land use of subject property is presently zoned as Medium FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-004 HOWELL-MURDOCH DEVELOPMENT / MURDOCH SUBDIVISION NO. 2 Page 2 of 9 Density Residential (R-8), and which subject property is presently vacant land. 8. The proposed land use of subject property is to develop the subject property in the following tn0amer: A 13-lot commercial subdivision. 9. That a vicinity map, attached hereto as Exhibit "A" and consisting of one page, of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been furnished. 10. The Applicant seeks a variance of the following provision of the Meridian City Code, §12-4-5, BLOCICS, and in the R-8 zone if granted the re-zone, which provides as follows: 12-4-5 BLOCKS: Every block shall be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial street, natural feature or subdivision boundary. Blocks shall not be less than five hundred feet (500') nor more than one thousand feet ( 1,000') in length. 11. Also, the lots on Watertower shall access onto Watertower Lane, and the two lots which front only on Locust Grove shall share one 30' wide driveway access onto Locust Grove. No other lots shall access directly onto Locust Grove. 12. All property o~vners within three hundred feet (300') of the external boundaries have been notified by mail, and their mailing addresses may be obtained from the list on file with the Planning and Zoning Department. 13. The characteristics of the subject property which prevent compliance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-01-004 HOWELL-MURDOCH DEVELOPMENT / MURDOCI-I SUBDIVISION NO. 2 with the requirements of the ordinance are that the linear (east-west) property is bordered on the south by an un-developed property and the proposed Murdoch #2 Subdivision is 1326 feet in length. Of the 1326 feet, one lot (the City of Meridian Police Station lot) is 1010 feet in length. To comply with the ordinance a road would have to be extended 666 feet to the south on the western end of said lot. The street would provide connectivity to the south, but would fragment the Police lot and would provide little benefit to the southern parcel which has excellent access to Locust Grove Road to the east. 14. The minimum requirements of the ordinance that need to be reduced to permit the proposed use would be the need to increase from 1,000 feet to 1,326 feet to allow for a legal block. 15. The difficulty or hardship which would result if the requirements of the ordinance were applied to the subject property is there will be um~ecessary expense for the City in the construction of a stub street across their property to provide very little benefit to the adjacent property to the south. 16. The unusual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied with, and the special conditions and circumstances that exist, are as stated above in number 14, and because of the land requirements of the Police Department, the lot in question is far wider than a typical lot FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-004 HOWELL-MURDOCH DEVELOPMENT / MURDOCH SUBDIVISION NO. 2 Page 4 of 9 in this zoning designation. The City of Meridian has already granted approval of a conditional use for the police station and a stub street to the south would provide very little benefit, and may even hinder the eventual development of the parcel by dictating a future road location when there is adequate access to an existing public tight-of-way. 17. A literal interpretation of the provisions of the ordinance would deprive the Applicant rights because the development of the property would be difficult if no flexibility on block lengths were allowed. An applicant has a right to expect that any and ail required improvements associated with a development request will benefit the public health, safety, or welfare. That tight would be compromised by a literal interpretation of the law, which would cause the property owner to install a 666 foot stub street with little or no public benefit. Further, construction of the stub street wonld hinder further development of the Meridian Police Department's lot, compromising their rights as property owners. 18. The existence of special circumstances or conditions affecting the property is that the applicant sold the City of Meridian a 1010 foot parcel for the construction of a police station not realizing that it would create a problem for the platting of the remainder of the land. Extension of a stub street would fragment the Police Department's lot and create problems for future development. 19. Granting the variance would maintain rights which would be afforded to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-004 HOWELL-MURDOCH DEVELOPMENT / MURDOCH SUBDIVISION NO. 2 Page 5 of 9 others in the same situation. 20. The Comprehensive Plan for the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required, 21. The variance would convenience the applicant since he would not have to install 666 feet of additional street. In addition, the City of Meridian's Police Station site would not be fragmented or encumbered by the unnecessary road. 22. The granting of the requested variance will not be detrimental to the Public's welfare or injurious to other property in the area of the proposed plat, and, in fact, the developmem of the plat in accordance with the conditions of approval and the requirements of the Subdivision Ordinance will prevent the conditions which are the source of the complaints raised in the public heating of this matter. 23. The granting of this variance will not have an effect of altering the interest and purpose of the Subdivision or Development Ordinance and/or the City's Comprehensive Plan for the reasons stated above. 24. The applicant paid the fee established by the City Council for application FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-004 HOWELL-MURDOCH DEVELOPMENT / MURDOCH SUBDIVISION NO. 2 Page 6 of 9 variance. CONCLUSIONS OF LAW The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho Code § 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code § 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code § 1 I- 18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code" 67-6509, 6516 and Meridian City Code §§ 11-15-5 and I 1-17-5. 4. Application and standards for variances are set forth in Meridian City Code § 11-18-2, and the findings which are required are set forth in Meridian City Code § 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 dearly 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-004 HOWELL-MURDOCH DEVELOPMENT / MURDOCH SUBDIVISION NO. 2 Page 7 of 9 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 obiectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or iniurious 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,' 12-4-5, BLOCKS, and in the R-8 zone if granted the re-zone, provides as follows: 12-4-5 BLOCKS: Every block shall be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial street, natural feature or subdivision boundary. Bloclcs shall not be less than five hundred feet (500') nor more than one thousand feet (1,000') in length. 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: That the Applicant is hereby granted a variance from the block requirements for Murdoch Subdivision No. 2 in the R-8 zone. Additionally, the lots on Watertower shall access onto Watertower Lane, and the two lots which front only on Locust Grove shall share one 30' wide driveway access onto Locust Grove. No other lots FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-004 HOWELL-MURDOCH DEVELOPMENT / MURDOCH SUBDIVISION NO. 2 Page 8 of 9 shall access directly onto Locust Grove. 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 issuance or denial of a variance authorizing a variance of the Block Requirements in the R-8 Zone as provided in the Section 12-4-5 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, Idaho Code. By action of the City Council at its regular meeting held on the ,2001. ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILPERSON TAMMY deWEERD COUNCILPERSON CHERIE McCANDLESS day VOTED VOTED VOTED VOTED_~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-004 HOWELL-MURDOCH DEVELOPMENT / MURDOCH SUBDIVISION NO. 2 Page 9 of 9 MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ~--~//~- ~9 [ MOTION: APPROVED:~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. ,,.,~,m?m~,., By Dated: 5 /~/ }~ City Clerk v ~ ~ ~ ~ ~NPA NTS40 PDCXSERVER Z~Work~fidi~efidian 15360M~u~och Sub NO 2 PP01-004 VAR01-0~ ~,~:~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-01-004 HOWELL-MURDOCH DEVELOPMENT / MURDOCH SUBDIVISION NO. 2 Page 10 of WATERTOWER I MURDOCH SUB. I-L MEDIMONT SUB. RUT R6 R1 L-O WOODBRIDGE SUB.' r R-4 R1 VICINITY MAP MURDOCH SUBDIVISION NO.2 SCALE: 1"= 500