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HomeMy WebLinkAboutApplicationJUN 16 '98 10 51 FR PUBLIC WORKS 2088871297 TO 3850696 P.01i01 • Appeal of Decision of Applicant: Address: Phone Number: APPEAL APPLiCATIQN FORM Zoning Administrator City Engineer Building bepartmern Staff P&Z Commission Other (Specify) Nature of Appeal: ~%~~/ ATt~l~f'I E~ ~ /`~ ~~~ l~l'1'~--~, Signature Fes: 10 .00 NDII y (off aly ~w 5 Gi (1(~'. No . ~i 702. ** TOTAL PAGE. 01 ** ~o ~~ ~7C~ June 17, 1998 Mayor and Council CITY OF MERIDIAN 33 East Idaho Street Meridian Idaho 83642 ~ALEY'S LAND SURVEYING 915 West Jefferson Street • Boise, Idaho 83702 (208) 385-0636 Fax (208) 385-0696 RE: Maw's. Subdivision No. 3 Appeal of Planning and Zoning Commission Decision Dear Mayor and Council: In reviewing the Findings of Fact for Maw's Subdivision No. 3 the Planning and Zoning we have identified several items that are inconsistent with the Zoning and Development Ordinance. The proposed density of Maw's Subdivision No. 3 is within the R-8 allowed units per acre standard. The R 8 does allow for the construction oftwo-family attached units. We are not aware of any specific alteration of this portion of the Zoning Ordinance at the time the property was annexes into the City of Meridian. We have reviewed our files and read the minutes of the Planning and Zoning Commission Meeting for the Annexation to find that two-family dwellings were discussed'and approved at the April 14, 1992 Public Hearing. See attached minutes. The Commission found at the May 12, 1998 hearing that the proposed townhouse units were not considered to be single-family dwellings because they were attached units. A review of the ordinance definition for single-family dwellings does in fact carry the requirement of being detached units. The proposed u~ts are attached dwellings and are sited on individual lots. The Meridian Zoning Ordinance does define zero lot line units, but does not determine whether they are single-family dwellings or nat. The Commission found these units not to be single-family, but maintained the single-family requirements for the minimum square footage and lot size. The definition oftwo-family dwelling is the most comparable to the type of product the developer proposes to construct on this development. If the Commission would have made this detern~iriation, it would have found that two-family dwellings have a minimum lot size of 4,250 sq ft per D.[J., the minimum street frontage to be 50' and the minimum living area to be 800 sq. ft. The minimum proposed lot size is 4,500 sq. ft., the minimum street frontage is 45', and the minimum unit size is 1,209 sq. ft. The floor plan of the proposed townhouse unit will be modified to meet the front (20') and rear (15') setbacks of the City of Meridian. The street frontage is the dimension that we are requesting be modified through the Conditional Maw's Additi~ #3 ~rnjc~t ~72•~ • • Use process. As noted in the public testimony, the Applicant is willing to modify the Preliminary Plat to meet the open space requirements for a PUD application should that be the desire of the Mayor and Council. Urban services are available and will be provided in this subdivision. Design of the utilities will meet the City's standards for atl improvements. The Applicant agrees to pay any additional sewer, water, or trash fees or charges with this subdivision. The Preliminary Plat will be revised to show all adjacent land use and existing zoning of surrounding properties. A note on drainage lot maintenance will be added to the Preliminary Flat. Adkins Lane will be changed to Adkins Avenue. Landscape Plan will be modified to be consistent with the final Preliminary Plat. The Land Surveyor will sign and seal the Preliminary Plat. All fire codes will be met by this subdivision. The proposed townhouse project has not been designed to accommodate low income housing as indicated by the Plannning and Zoning Commission comrr~ts. There are many professional and retired individuals that desire a managed maintenance program for their homes. A townhouse project offers a lever of freedom that single family homes do not afford. The Applicant has not seen any evidence that moderately priced projects of this type directly translate irrta extra police services.. Irrigation rights for the entire parcel of land were removed before Maw's Subdivision No. 1 Plat was completed. At that time there was no requirement by the City of Meridian for pressure irrigati©n. Tl~e are no irrigation water rights for this remnant parcel of land and the owner of the property does not receive any bills from Nampa Meridian Irrigation District for irrigation rights on this land. As stated in the Conchr~ons of Law the Applicant has requested a Condition Use Application for the intended land use. The intended- use is permitted within the R-8 Zone as shown in Section 2-409 Zoning Schedule of Use Control. The Applicant will meet the 10% open space requirement should Mayor and Council determine that the PUD rules apply to this application. Two-family dwellings are acceptable in the proposed location and zero lot line residential units are recognized in the Zoning Ordinaa~e. There is no required amendment to the Ordinance for the construction of self-owned townhouse units. A small modification to the proposed units will address the is~e regarding the front and rear setbacks. The issue related to the minimum street frontage is addressed in the Conditional Use Permit. The reduction of street frontage is an internal modification to this development. The lots are more than ample to accommodate the size of the proposed townhouse units. The building form is a single level residential design that is compatible with the adjacent homes. As previously stated, the proposed density is within the allowed units per acres for R-8 zoned land. The townhouse units will utilize North Adkins Avernte far-street access. This substandard public Maw's Addition #3 Project 972-3 street will be improved by the Applicant and w~71 correct a def pency in the street system of the area. The use of this site for townhouses does not create atry additional requirements that require public cost for any public facility or services. We look forward to presenting this Appeal for your consideration. Respectfully, Patrick A. Tealey Tealey's Land Surveying B~i~~ Richard A. Pavelek MavW's Additacn #3 Project 972-3