HomeMy WebLinkAboutStaten Park Subdivision VAR-01-009BEFORE THE' MERIDIAN CITY COUNCIL
C/C 07/17/01
IN THE MATTER OF THE )
APPLICATION OF D'ALESSIO )
BUILDING & DEVELOPMENT, )
INC., FOR A VARIANCE OF THE )
1,000 FOOT BLOCK LENGTH )
FOR BLOCK 2 FOR PROPOSED )
STATEN PARK SUBDIVISION IN )
PROPOSED R-4 ZONE, )
LOCATED ON THE SOUTH SIDE )
OF USTICK, EAST OF BLACK )
CAT ROAD, MERIDIAN, IDAHO )
VAR-OI-O09
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 July 17, 2001, and Shaft Stiles, Planning and Zoning Administrator,
appeared and testified, and appearing was the Applicant, Dan D'Alessio, 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
1. The City Council takes judicial notice of its Zoning, Subdivisions and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANIING A VARIANCE / VAR-01-009
D'ALESSIO & BUILDING DEVELOPMENT, INC. / STATEN
PARKSUBDIVISION
Page 1 of 9
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 §§ 11-15-5 and 12-11-3 as evidenced in the record of this matter.
3. The Applicant is D'Alessio Building & Development, Inc., whose
address is 6314 N. Park Meadow Way, Suite 103, Boise, Idaho 83713.
4. The owners of the property are Stewart Terry and Veda Terry, whose
address is 3709 Pasadena Drive, Boise, Idaho 83705.
5. The location of the subject property is presently located in a RUT (Rural
Urban Transition), and which subject property is located on the south side of Ustick,
east of Black Cat 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 RUT (Rural
Urban Transition), and which subject property is presently pasture land.
8. The proposed land use of subject property is to develop the subject
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-009
D'ALESSIO & BUILDING DEVELOPMENT, INC. / STATEN
PARKSUBDMSION
Page 2 of 9
property in the following manner: develop 23 single-family residential building lots and
5 other lots.
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.
9. The Applicant seeks a variance of the following provision of the Meridian
City Code, § 12-4-5, BLOCICS, and in the RUT 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.
10. All property owners 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.
12. The characteristics of the subject property which prevent compliance
with the requirements of the ordinance are that in Block 2 the total width (east-west)
of the parcel is less than 536 feet. Considering the 50 foot minimum required street
width, any east-west street would only be less than 500 feet. Due to the size of the
parcel if the requirements of the ordinance were applied, only one street would be
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 9
ORDER OF DECISION GRANTING A VAKIANCE / VAR-01-009
D'ALESSIO & BUILDING DEVELOPMENT, INC. / STATEN
PARKSUBDIVISION
permitted and a poor layout of the subdivision would result as this parcel prevents
compliance.
13. The minimum requirements of the ordinance that need to be reduced to
permit the proposed use would be the need to decrease the 500 feet mi~fimum block
length to permit the proposed use due to the above constraints in number 12 above.
14. The difficulty or hardship which would result if the requirements of the
ordinance were applied to the subject property is as stated above in numbers 12 and 13
hereinabove.
15. The unusual or peculiar circumstances which indicate that regulations of
the ordinance should not be strictly complied with, and the special conditions and
drcumsta_nces that exist, are as stated above in numbers 12 and 13.
16. A literal interpretation of the provisions of the ordinance would deprive
the Applicant rights because the development of the property ~vould be difficult if no
flexibility on block lengths were allowed. An applicant has a right to expect that any
and all required improvements associated with a development request will benefit the
public health, safety, or welfare. That right would be compromised by a literal
interpretation of the law, because only one street would be permitted and a poor layout
of the subdivision would result as the total width (east-west) of the parcel is less than
536 feet. Considering the 50 feet minimum required street width, any east-west street
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-009
D'ALESSIO & BUILDING DEVELOPMENT, INC. / STATEN
PARKSUBD1VISION
Page 4 of 9
could only be less than 500 feet.
17. The existence of special circumstances or conditions affecting the
property is as those stated above in numbers 12, 13 and 16 hereinabove.
18. Granting the variance would maintain rights which would be afforded to
others in the same situation.
19. The Comprehensive Plan for the RUT District is to encourage compatible
infill development which would improve the existing neighborhoods, and the recognition
that land development regulations shall be revised to encourage the in filling of existing
vacant parcels within the city limits.
20. The variance would convenience the applicant, but to provide for the same
ability to develop the land with the specified limitations that other property owners in
the district could achieve without such variances. The variance would not constitute any
special privilege for the property owner that could not be sought by owners of other
land.
2 I. 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 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-009
D'ALESSIO & BUILDING DEVELOPMENT, INC. / STATEN
PARKSUBDIVISION
Page 5 of 9
22. 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.
23. The applicant paid the fee established by the City Council for
application variance.
24. The applicant shall comply with the Ada County Highway District's
requirements, including the Site Specific Requirements and the Standard Requirements,
which are listed in the ACHD's Ietter dated July 9, 2001.
CONCLUSIONS OF LAW
I. 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.
4. Application and standards for variances are set forth in Meridian City Code
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-009
D'ALESSIO & BUILDING DEVELOPMENT, INC. / STATEN
PARKSUBDIVISION
Page 6 of 9
§ 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
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 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 RUT 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 botmdary. Bloclcs
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 7 of 9
ORDER OF DECISION GRAN'I'ING A VARIANCE / VAR-01-009
D'ALESSIO & BUILDiNG DEVELOPMENT, iNC. / STATEN
PARKSUBDIVISION
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:
1. That the Applicant is hereby granted a variance from the 500 foot
minimum block length reqtfirement for Block 2 within Staten Park Subdivision in the
RUT zone. Additionally, the Applicant shall comply with the Ada County Highway
District's requirements, including the Site Specific Requirements and the Standard
Requirements, which are listed in the ACHD's letter dated July 9, 2001.
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 may be adversely affected by the
issuance or denial of a variance authorizing a variance of the Block Requirements in
the RUT 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 ~ ~ day
of ~~'- ,2001.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-009
D'ALESSIO & BUILDING DEVELOPMENT, INC. / STATEN
PARKSUBDWISION
Page 8 of 9
ROLL CALL:
COUNCILMAN RON ANDERSON
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
VOTED__~
VOTED_~___
VOTED_~
VOTED
MAYOR ROBERT D. CORRIE
(TIE BRF_~R) _ .
DATED: ff~ffi ~2//
VOTED
MOTION:
APPROVe_
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and the City Attorney office.
Dated:
Z:\WorkkM~vleridianXMeriflian 15360IvBStaten Park Sub VAR01-009 AZ01-009
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-009
D'ALESSIO & BUILDING DEVELOPMENT, INC. / STATEN
PARKSUBDIVISION
Page 9 of 9
August 3, 2001
MERIDIAN CITY COUNCIL MEETING August 8, 2001
APPLICANT D'Alessio Building Development, Inc.
VAR 01-009
ITEM NO, ~
REQUEST Findings - Reques~ for a variance to reduce the minimum block length in a proposed
R-4 zone fQr proposed Stolen Park Subdivision - SEC of North Black Cat Road and West Usfick
Rood
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY A1TORNEY See ~llta¢l~ed flndln~
CffY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
V-
SANITARY SERVICE COMPANY ^/~"~
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted: ~[-~1"1 ~l~\eq.q'LQ Date: ~ Phone: ~L~I~
Materials presented al public meetings sh(]ll become properly of Ihe City ol Meltdlon.
Interoffice
MEMORANDUM
RECEIVED
JUL 2 3 2001
City of Meridian
City Clerk Office
To:
From:
Subject:
William G. Berg, Jr2~1
DW~iffs}~oiCBh~velopment, Inc.-Staten Park SUbdivision / (VAR-01-009)
Date: July 23, 2001
Please find attached the original of the Findings of FaCt and Conclusions
of Law and Decision and Order Granting a Variance, pursuant to action of the
Council at their July 17, 2001, meeting. The Findings will be on the Council's
agenda for August 7, 2001.
Please serve conformed copies of the Findings upon the Applicant and
the Planning and Zoning Department, Public Works and the City Attorney office, if
Council approves the Findings.
If you have any questions arise please advise.
Z:\WorlcLMLMeridian~Vleridian I5360M~Staten Park Sub VAROI-O09 AZOI-O09 PPOl-O12~bergO72301VAR01-O09.doc