HomeMy WebLinkAboutBurney Glen Sub VAR 03-001BEFORE THE MERH)IAN CITY COUNCIL
C/C 01/28/03
IN THE MATTER OF THE
APPLICATION OF PROPERTIES
WEST, INC., FOR A VARIANCE TO
ALLOW TWO BLOCK LENGTHS IN
THE PROPOSED BURNEY GLEN
SUBDIVISION, LOCATED EAST OF
NORTH MERIDIAN ROAD, NORTH
OF EAST USTICK ROAD,
MERIDIAN, IDAHO
VAR-03-001
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 January 28, 2003, and Brad Hawkins-Clark Interim Director for the Planning and Zoning
Department, Daren Fluke, and John Barnes, appeared and testified, 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
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 amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382 and Maps.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 9
ORDER OF DECISION GRANTING AVARIANCE / VAR-03-001
PROPERTIES WEST, INC. / BURNEY GLEN SUBDNISION
2. The requirements of Idaho Code §§ 67-6509, 6516 and Meridian City Code §§ 11-15-
5 and 12-11-3 as evidenced in the record of this matter.
3. The Applicant is Properties West, Inc., whose address is 1401 Shoreline Drive, P.O.
Box 2797, Boise, Idaho 83701.
4. The owner of the property is W anda White Trust c/o Pamela Geile, 4399 N. Meridian
Road, Meridian, Idaho 83642.
5. The location of the subject property is presently located on the east side of Meridian
Road, %Z mile north of Ustick Road, Meridian, Idaho within a present RT zone, with an R-8
requested.
6. The legal description of the property appertains to the real property that
is included within the Vicinity Map, and which legal description and Vicinity Map appear in the
record of proceeds of this matter, and which aze on file with the Meridian City Clerk's office.
The present land use of subject property is presently zoned as RUT (Rural Urban
Transition), and which subject property is presently agriculture.
8. The proposed land use of subject property is to develop the subject property in the
following manner: 119 single-family residential subdivision and 12 other lots.
9. That a Vicinity Map, which is on file with the Meridian City Clerk's office, 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, BLOCKS, and in the RUT zone if granted the re-zone, which provides as
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 9
ORDER OF DECISION GRANTING AVARIANCE / VAR-03-001
PROPERTIES WEST, INC. / BURNEY GLEN SUBDNISION
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. All property owners within three hundred feet (300') of the external boundaries have
been notified by mail, and their mailing addresses maybe obtained from the list on file with the
Planning and Zoning Department.
12. The characteristics of the subject property which prevent compliance with the
requirements of the ordinance are that 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). The maximum block length needs to be
increased from 1,000' to 1,250 on Block 9 and 1,955' on Block 14.
13. The difficulty or hardship which would result if the requirements of the
ordinance were applied to the subject property is that 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 had a layout approved, and any such road would end into a residential lot.
14. 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 that the surrounding properties have already been approved without stub streets to this
property.
15. A literal interpretation of the provisions of the ordinance would deprive
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 9
ORDER OF DECISION GRt1NTING A VARIANCE / VAR-03-001
PROPERTIES WEST, INC. / BURNEY GLEN SUBDIVISION
the Applicant rights because an applicant has a right to expect that any and all required
improvements a ssociated w ith a d evelopment r equest w ill b enefit 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, provided no public
benefit.
16. The existence of special circumstances or conditions affecting the property is that the
surrounding properties have already been approved without stub streets to this property.
17. 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 would simply allow the applicant to develop in the same manner as the
surrounding properties and maintain rights which would be afforded to others in the same situation.
The applicant will connect to the stub streets that aze provided in the other developments, the
applicant will just not have to provide stub streets that dead-end into residential lots.
18. The applicant will benefit by not being required to build roads that will never be
extended. Additionally, the applicant will not have to spend money on public improvements that
provide no benefit to the public.
19. The variance would not constitute any special privilege for the property owner that
could not be sought by owners of other land in the same situation, and the request does not conflict
with any provisions of the Comprehensive Plan.
20. The granting of the requested variance will not be detrimental to the
Public's welfaze or injurious to other properly in the azea of the proposed plat, and, in fact, the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 9
ORDER OF DECISION GRANTING AVARIANCE / VAR-03-001
PROPERTIES WEST, INC. / BURNEY GLEN SUBDMSION
development 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 hearing of this matter.
21. The granting of this variance will not have an effect of altering the interest and
purpose of the Subdivision or Development Ordinance andlorthe City's Comprehensive Plan for the
reasons stated above.
22. The applicant paid the fee established by the City Council for application variance.
23. The applicant shall be required to comply with the conditions and requirements of
the Ada County Highway District listed in their letter date January 16, 2003, wherein the applicant
shall be required to comply with the conditions and requirements of the corresponding applications
in this matter, Cases AZ-02-026 and PP-02-025, for the Burney Glen Subdivision.
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 § 11-18.
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 11-17-5.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 9
ORDER OF DECISION GRANTING AVARIANCE / VAR-03-001
PROPERTIES WEST, INC. / BURNEY GLEN SUBDNISION
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 ofthe provisions ofZoningand Development Ordinance would clearlybe impracticable
and unreasonable, and a fmding 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 conditions or other condifions 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 objectives of the ordinance, and that the granting of a specified
variance will not be detrimental to the public's welfare or injurious 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. Blocks shall not be less than
five hundred feet (500') nor more than one thousand feet (1,000') in length.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 9
ORDER OF DECISION GRANTING A VARIANCE / VAR-03-001
PROPERTIES WEST, INC. / BURNEY GLEN SUBDIVISION
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 1,000 foot minimum block length
requirement for block lengths to allow two blocks in Bumey Glen Subdivision to exceed the 1,000'
maximum block length. Block 9 will be approximately 1,250' in length and Block 14 will be 1,955'
in length within the subdivision in the R-8 zone. Additionally, the applicant shall be required to
comply with the conditions and requirements of the Ada County Highway District listed in their
letter date January 16, 2003, wherein the applicant shall be required to comply with the conditions
and requirements of the corresponding applications in this matter, Cases AZ-02-026 and PP-02-025,
for the Bumey Glen Subdivision
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 Section 67-6521 an affected person being a person who has an
interest in real property which maybe 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.
/~~1,-
By action of the City Council at its regular meeting held on the l day of
~.2GJizc.aF'% , 2003.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 9
ORDER OF DECISION GRANTING AVARIANCE / VAR-03-001
PROPERTIES WEST, INC. / BURNEY GLEN SUBDMSION
ROLL CALL:
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
COUNCILMAN WM. L. M. NARY
MAYOR ROBERT D. CORRIE
(TIE BREAKER)
DATED: 2-~~- ®3
VOTED Q~feh
VOTED~~
VOTED
VOTED
VOTED '~
MOTION:
APPROVED:- DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Depamnent, Public Works Department,
and the City Attorney office.
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By: ,f~~
City Clerk
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Dated: 2'~2 03 : \ G\~?°oPn~R,gr~ y ~%/
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 9
ORDER OF DECISION GRANTING AVARIANCE / VAR-03-001
PROPERTIES WEST, INC. / BURNEY GLEN SUBDPJISION