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HomeMy WebLinkAboutBurney Glen Sub VAR 03-001MAYOR Robert D. Come CITY COUNCIL MEMBERS Tammy deweerd William L. M. Nary Cherie McCandless Keith Bird eCITY OF L� � rldian IDAHO j e 1903 1907 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PARKS & RECREATION (208 888-3579 • Fax 898-5501 PUBLIC WORKS (208) 898-5500 -Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City clerk, by: January 23, 2003 Transmittal Date: January T, 2003 Hearing Date: January 28, 2003 File No.: VAR 03-001 Request: Request for a Variance to allow two block lengths in the proposed Burney By: Properties Wes' Location of Property or Project: to exceed the 1000' maximum block Inc. east of North Meridian Road, north of East Ustick Road David Zaremba, P/Z (NuvAR,vAam Jerry Centers, P/Z (No vAR, vAc, FP) Leslie Mathes, P/Z (No VAR, VAC, FP) Michael Rohm, PIZ ova VAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) Robert Corrie, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service No vAR vAc, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department Your Concise Remarks: Meridian School District (NO FP) Meridian Post Office (FP'Ppww Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FPlPPONy9 U.S. West (FP/PP only) Intermountain Gas (FPiPP aw Bureau of Reclamation rFP/PPonw Idaho Transportation Department (Nom Ada County (Azonw 33 EAST IDAHO • MERIDIAN, IDAHO 83642 (208) 888.4433 • Fax (208) 887-4813 • City Clerk Office Fax (208) 888-4218 • Human Resources Fax (208) 288-1193 CITY OF MERIDIAN Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208) 884-5533 Phone / (208) 888-6854 Fax VARIANCE APPLICATION (RE: Meridian Zoning Ordinance - 11-18, Meridian Subdivision Ordinance -12-11) APPLICANT: Properties West, Inc. ADDRESS: F,L 1401 Shoreline Drive, P.O. Box 2797, Boise, ID 83701 PHONE: 345-7523 FAX: 345-7028 E-MAIL: OWNER(S)OF RECORD: Wanda White Trust c/o Pamela Geile ADDRESS: 4399 N. Meridian Road, Meridian, ID 83642 PHONE: 888-5700 FAX: ENGINEER, SURVEYOR, PLANNER ADDRESS: 250 S. Beechwood PHONE: 376-7330 E-MAIL: J -U -B ENGINEERS, Inc. - Daren Fluke Suite 201, Boise, ID 83709 FAX: 323-9336 E-MAIL: dfluke@jub.com ADDRESS, GENERAL LOCATION OF SITE: 1/2 mile north of Ustick Road PRESENT ZONE CLASSIFICATION: PRESENT USE OF SUBJECT PROPERTY: RUT PROPOSED USE OF SUBJECT PROPERTY: East side of Meridian Road, Agriculture Single-family residential DESCRIPTION OF PROPOSED VARIANCE: To allow two blocks in Burney Glen Subdivision to exceed the 1,000 ft. maximum block length. Block 9 is approximately 1,250 feet in length and Block 14 is 1,955 feet in length. I have read the information contained herein and certify the information is true and correct. Signature of Applicant: I Rev. 2/,1//02 January 6, 2003 J-1.1-13 ENGINEERS, Inc. ENGINEERS • SURVEYORS • PLANNERS 250 South Beechwood Avenue, Suite 201 Boise, Idaho 63709-0944 2087376-7330 FAX: 208-323-9336 Meridian City Council' City of Meridian 660 E. Watertower Lane, Ste. 202 Meridian, ID 83642 RE: Burney Glen Subdivision- Variance Request Members of the Council: On behalf of our client, Properties West, hc.,. please accept this variance application seeking relief from Section 12-4-5 of theMeridian City Subdivision Ordinance. The project, Burney Glen Subdivision (Meridian City File Numbers AZ -02-026 and PP -02-025), includes a request for approval of annexation and a preliminary plat. The project site is generally located east of Meridian Road and north of Ustick Road in Section 31, Township 4 North, Range 1 East. The following constitutes the Written statements required by the City's variance application. What ordinance can you not comply with? Section 12-4-5 of the Meridian City Subdivision Ordinance which prohibits block lengths greater than ,1,000'in length. What prevents compliance with the ordinance? The location of three stub streets on surrounding properties approved with the Sundance Place Subdivision application (to the south), and the Havasu Creek Subdivision application (to the east and north).. What are the minimum requirements of this ordinance that need to be reduced to permit the proposed use? The maximum block length needs to be increased from 1,000' to 1,250' on Block 9 and 1,955' on Block 14. What is the difficulty or hardship that would result if requirements of this ordinance were applied to the subject property? The only method available for reducing the block length is to provide a stub street to the surrounding properties. Because the surrounding properties have already hada layout approved, any such road would end into a residential lot. Any unusual or peculiar circumstances that� indicate regulations of this ordinance that should not be strictly compiled with? The surrounding properties have already been approved without stub streets to this property. i rJ•U-B Engineers Surveyors Planners Variance Narrative Burney Glen Subdivision 1/6/2003 Page 2 Special conditions and circumstances exist which are peculiar to the lana structure or buildings involved which are not applicable to other lands, structures or buildings in the same districts The surrounding properties have already been approved without stub streets to this property. A literal interpretation of the provisDns of this ordinance shall deprive the applicant of rights commonly enjoyed by other properties in the same district under terms of this ordinance. An applicant has 6 right to expect that any and all required improvements associated with a development request will benefit the public health, safety, or welfare. That right will be compromised by a literal interpretation of the ordinance, which will cause the property owner to install stub streets that dead-end into residential lots, providing no public benefit. Special conditions or circumstances exist that was not a result of the: applicant's action. The surrounding properties have already been approved without stub streets to this property. - Granting the variance requested shall not confer on the applicantany,special privilege that is denied by this ordinance to other lands, 'structures or buildings in the same district: The variance from the maximum block length of 1,000 feet due to the unique circumstances on site will not confer any special privileges denied other lands in this district. Granting the variance will simply allow the applicant to develop in the same manner as the surrounding properties. The applicant will still connect to the stub streets that are provided in the other developments, he simply will not have to provide stub streets that dead-end into residential lots. How the granting of the variance would convenience the applicant and how the applicant would profit therefrom, which statement shall also represent whether profit and convenience is the sole reason why the Variance is requested. The applicant will benefit by not being required to build roads that will never extend. He will profit in the sense that he will not; have to spend money on public improvements that provide no benefit to the public. Relationship of the proposed variance to the Meridian Comprehensive Plan. The request does not conflict with any provision of the comprehensive plan. Conclusion Thank you in advance for your careful consideration of this matter. This requestis the result of factors, completely out of the applicant's control and the granting of the request will simply allow this property to develop in a similar fashion as the surrounding properties. In addition, approving the request will benefit the public by reducing the amount of public right-of-way that will have to be maintained with tax dollars. \\Boisefiles\Public\ProjectManagers\GAL\11842\admin\variance letter.doc SEPi16.2002 7:29AM LB INDUSTRIES :2_ i QUITCLAIM DEED NO. 703 P. 8/9"03 FOR VALUE RECEIVED FAY M. WHITE, Personal Representative of the E of Wanda White, deceased, and Fay M. White, surviving spouse, dD nerebr eon.ev, relasse, remlN and forever quit Claim WANDA WHITE•TRUST -how addicts 11 0/0 Pamela Geile,4399 North Meridian, Meridian ID 63642 INC 158ov1ne descubed premltea, loWiu The ion Ada County, ZdahefEXC88T the6South 285RFeet.thereof,ManddEXCEPT the North 250 beet thereof. the Sl/2 of the 31/2 of N -W 1/4 of Section 31, T.4,N.R.1 E.,7 Boise Meridian, Ada County, Idaho, EXCEPT the South 10, 6 feet of the West 3o0 feet thereof. / 2y labeiher with their appurtenances. 7� . / /" r/ Al Taroi :-KNOW LE DGht EN9' .:. IntlMdual, ; . ATI OF YDMO Caw ar ADA .19 -1 dayof +Civ pr befera mo ahs, nndesrZ a 110my public, r�iDriJy //py�araa fir as [M+i�n 10 ne PERS. REP ..OF OF WANDA WRXTE, deceased STATE OF IDAHO, COUNTY OR I boreby Comity that chis mslrumeni was h1#4 !o, 1,0;re al Pae rpotut or At minute, 0441 1bU day of IC , 1" MY DIRre, and duly recorded in ®aoc or Ueeda a peer Whose nems 4 a md aolunWladjed N me that Ea•Olfivie Ruerdrr 'D A AUS I$E DAA R 19N NO 27 AM 9= 26 98113 City of Meridian Planning and Zoning Department 660 E. Watertower Lane, Suite 202 Meridian, ID 83642 To Whom It May Concern: I, Pamela Geile, Trustee of the Wanda White Trust, the titled owner of Parcel 50531233700, located on the east side of Meridian Rd. in Section 31, Township 4 North, Range 1 East , do hereby request and consent to the attached preliminary plat and annexation applications of the above referenced property, submitted by J -U -B ENGINEERS on behalf of Properties West Inc.. Dated this _day of 2002. Pamela Geile, Trustee Wanda White Trust 4399 North Meridian Road Meridian, Idaho 83642 d'UBLZG '; A9A8 OF VD On this day of 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared LCru known or identified to me to be the President of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. �, p �,lk" � _ttt _ NOTARY PUBLIC FOR IDAHO Residing at ll/�Q� Commission Expires: 11-;0-03 \\Boisefites\Public\ProjectManagers\GAL\11842\admin\affadavit.d0c f,`,•V F ineers Surveyors Planners Project: 11842 Date: July 30, 2002 PROPERTIES WEST PARCEL DESCRIPTION A parcel of land, being the South Y2 of the South Y2 of the Northwest Y4 of Section 31, T.4N., R.1 E., B.M., Ada County, Idaho, less and excepting the South 160 feet of the West 300 feet thereof, said parcel being more particularly described as follows: Commencing at a found 5/8" Iron Pin marking the West Y4 corner of Section 31, from which a Brass Cap marking the Northwest corner of Section 31 ,bears North 00029'38" East, 2,660.28 feet; thence along the Westerly boundary of Section 31, North 00029'38" East, 106.00 feet to a set 5/8" Iron Pin, with plastic cap marked "Hodge PLS 8575", the POINT OF BEGINNING; thence continuing along said Westerly boundary North 00029'38" East, 558.93 feet to a set 5/8" Iron Pin, with plastic cap marked "Hodge PLS 8575" marking the Northwest corner of the South Y2 of the South Y2 of the Northwest 1/4 of Section 31; thence along the Northerly boundary of the South Y2 of the South 1/2 of the Northwest Y4 of Section 31, South 89°47'36" East, 2,404.00 feet to a found 5/8" Iron Pin with plastic cap stamped "BRIGGS PLS 4998", marking the Northeast corner of the South Y2 of the South Y2 of the Northwest Y4 of Section 31; thence along the North-South center line of Section 31, South 00°41'10" West, 664.76 feet to a found 5/8" Iron Pin marking the Center Y4 of Section 31; thence along the East-West center line of Section 31, North 89°47'52" West, 2,101.77 feet to a set 5/8" Iron Pin with plastic cap stamped "Hodge PLS 8575" marking the Southeast corner of property described in Instrument No. 100090718 of the Ada County, Idaho records; thence along the Easterly boundary of said property, North 00'12'08" East, 106.00 feet to a set 5/8" Iron Pin with plastic cap stamped "Hodge PLS 8575" marking the Northeast corner thereof; thence along the Northerly boundary of the aforementioned property, North 89°47'52 West, 299.46 feet to the POINT OF BEGINNING. Said parcel containing 1,565,743.68 square feet (35.94 acres) more or less. END OF DESCRIPTION Prepared by; J -U -B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. RMH:Ihc f:\projectmanagers\GAL\11842\11842-Sur\Admin E-mail\11842maindesc.doc PROPERTY OWNERS WITHIN 300' BURNEY GLEN WHITE WANDA TRUST 4399 N MERIDIAN RD MERIDIAN ID 83642-0000 4273 N MERIDIAN RD WHITE FAY M 4015 N MERIDIAN RD MERIDIAN ID 83642-5421 HOWELL-MURDOCH DEVELOPMENT CORPORATION 4822 N P05EPOINT WAY STE C BOISE ID 83713-0000 3615 N MERIDIAN RD STEINER DEVELOPMENT LLC 554 E BELLEVUE RD STE B ATWATER CA 95301-0000 N MERIDIAN RD MACLOCUST LLC 4487 N DRESDEN PL BOISE ID 83714-0000 555 E MCMILLAN RD HAM RENATA 12127 W PATRINA DR BOISE ID 63713-0000 3995 N LOCUST GROVE RD MYER JACK J h BERNELDA M TRUST MYER MARGARET LYNN TRUSTEE PO BOX 818 MERIDIAN ID 83680-0818 4010 N MERIDIAN RD QUENZER EUGENE QUENZER ARDYCE L 4020 N BLACK CAT RD MERIDIAN ID 83642-0000 E MCMILLAN RD Zooz enr SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS ID 83404-0000 N MERIDIAN RD idaa zwd xviaivaR i99998880Z %V3 ZT=80 ZOOZ/dT/80 1/3/2003 City of Meridian Planning and Zoning Department 660 E. Watertower Lane, Suite 202 Meridian, ID 83642 To Whom It May Concern: I, Daren Fluke, representing Properties West Inc., do hereby certify that the property subject to the attached variance application will be posted at least one week prior to the public hearing for the requested variance application. Dated this 3FA day of 12003. Signed: A Dared Fluke, AICP Planning Associate \\Boisefiles\Public\ProjectManagers\GAL\I I842\admin\prop post.doc !!M!N3 adAHI"ara `eAoe AY1d AtlYNIWI'13tlde"Ia. a n-oa OH Oi LAfasn0'J way31D 'Ntl14183W ""�`° "" Lima •.w ' a -o -r NOISIA148115 NN379 A3N8f18 9I `J 5A W 3: iuzc W�m �J! I Z<om $ W. W I a 40� F d z-9 ' 111'1 _•� 17!Sm W1,Siyl III zu A. AOC Mf.NAl6 W u= mmm,aJ. 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