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HomeMy WebLinkAboutTramore Subdivision VAR 03-010BEFORE THE MERIDIAN CITY COUNCIL C/C 03-25-03 IN THE MATTER OF THE APPLICATION OF A. L. "DREW" SEARGENT, IC3, INC., FOR A VARIANCE FOR A TIME EXTENSION FOR A FOUR MONTH TIME FRAME FOR FINAL PLAT RECORDING FOR TRAMORE SUBDIVISION, LOCATED ON WEST PINE AVENUE, APPROXIMATELY 900' EAST OF NORTH CINDER ROAD, MERIDIAN, IDAHO VAR-03-010 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARLANCE The above entitled matter coming on regularly for public hearing before the City Council on March 25, 2003, and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, and A. L. "Drew" Seargent, 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 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-03-010 TRAMORE SUBDNISION / A. L. "DREW" SEARGENT, IC3, INC. 2. The requirements ofIdaho Code §§ 67-6509, 6516 andMeridian City Code §§ 11-15- 5 and 12-11-3 as evidenced in the record of this matter. 3. That the applicant was granted a one year time extension until January 15, 2003, and the reason for this variance is that the owner's representative for this development changed mid- stream in the development process and the one-time allowable time extension was not filed within the one year period. Tramore Subdivision's plat was required to be filed with the Ada County Recorder by January 15, 2003. The applicant isrequesting afoot-month extension to May 10, 2003 in order to complete the recording process. As of now, the Final Plat for Tramore Subdivision is, according to MCC 12-3-S.A., null and void. 4. The Applicant is A. L. "Drew" Seargent, IC3, Inc., whose address is 280 N. Maple Grove Road, Boise, Idaho 83704. The owner of the property is Robert R. Angell, whose address is 100 N. 9a` Street, Suite 200, Boise, Idaho 83702. 6. The location of the subject property is presently located in an L-O (Limited Office District), and which subject property is located on W. Pine Avenue, approximately 900' east of N. Linder Road, Meridian, Idaho. 7. The legal description of the property appertains to the real property that is included within the Vicinity Map, and which legal description appears in the record ofproceeds of this matter, and which is on file with the Meridian City Clerk's office. 8. The present land use of subject property is presently zoned as Ir0 (Limited Office District), and which subject property is presently vacant. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 9 ORDER OF DECISION GRANTING AVARIANCE / VAR-03-010 TRAMORE SUBDIVISION / A. L. "DREW" SEARGENT, IC3, INC. 9. The proposed land use of subject property is to develop the subject propertyinto a 72 unit senior community. 10. That a vicinity map, which is on file with the Meridian City Clerk's office, with the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been firrnished. 10. The Applicant seeks a variance of the following provision of the Meridian City Code, §12-3-8, APPROVAL OF FINAL PLAT, and in the L-O zone if granted, which provides as follows: 12-3-8 APPROVAL OF FINAL PLAT: A. Time Limit: Final plat shall be filed with the County Recorder within one year after written approval by the Council; otherwise, such approval shall become null and void, unless prior to said expiration date an extension of time is applied for by the applicant and granted by the Council. The Council may authorize an extension of the final plat for a period not to exceed one year from the end of the original one year period. B. Request For Extension: Any request for an extension must be filed with the Zoning Administrator prior to the lapse of the original one year and must be in writing. 12. 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. 13. Applicant states that "by oversight and the rapid transfer of information" they were not aware of the January 15, 2003 deadline. Apparently, neither the property owner nor the previous engineer/surveyor conveyed the one year recording deadline to the applicant. It is not found due to the reason cited above that the required submission of a time extension request FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 9 ORDER OF DECISION GRANTING AVARIANCE / VAR-03-010 TRAMORE SUBDNISION / A. L. "DREW" SEARGENT, IC3, INC. would have been impracticable and unreasonable. 14. It is found that strict compliance with the requirements of this Title are not due to unusual topography, adjacent development, or other physical conditions of the site. One intention of Title 12 is to ensure plats are recorded and follow the requirements of Idaho Code. It could be argued that the City has more assurance of this plat being recorded if this Variance is approved (since all but two of the required plat signatures have been obtained) than if the final plat is resubmitted. 15. It is found that the requested variance will not necessarilybe detrimental or injurious to the public's welfare or to the other properties in the area as long as current ordinances are met at the time of building permit for all lots within the subdivision. 16. There seems to be no violation ofthe provisions ofthe Idaho Code bythe issuance of the requested variance. 17. It is found that the issuance of a variance for this project will not directly alter the interest and purpose of the Meridian City Subdivision Ordinance, which is intended to ensure orderly development occurs within the established timeframe. The applicant has stated that they intend to record the subdivision. 18. The applicant paid the fee established by the City Council for application variance. 19. In January 2002, the Council approved two different but related applications for the subject property. The first was aPreliminary/Final Plat for Tramore Subdivision, atwo-lot non-residential re-subdivision of an existing, 5-acre parcel. The application was required in order to rectify an illegal split that occurred prior to application with the City. The second FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 9 ORDER OF DECISION GRANTING AVARIANCE / VAR-03-010 TRAMORE SUBDIVISION / A. L. "DREW" SEARGENT, IC3, INC. application was a CUP for a Senior Community by Thomas Development Co. to construct a 72- unit, age-restricted apartment complex on the north lot of the two-lot subdivision. A Certificate of Zoning Compliance and building permit were issued for this development in October 2002. One building permit was allowed for the single, legal lot that existed prior to the illegal split. 20. Last month, the Council directed Staff to begin the process of reviewing and potentially amending MCC 11-18 and 12-11 to reduce the quantity and need, for use of the variance process to improve these types of situations. As an alternative to considering the plat null and void, the City has allowed applicant's to submit Variance applications. 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. 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 § 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 9 ORDER OF DECISION GRANTING AVARIANCE / VAR-03-010 TRAMORE SUBDIVISION / A. L. "DREW" SEARGENT, IC3, INC. application of the provisions of Zoning and Development Ordinance would clearly 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 welfaze or injurious to other property in the azea 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. Meridian City Code, § 12-3-8, APPROVAL OF FINAL PLAT, and in the I-L zone if granted, provides as follows: 12-3-8 APPROVAL OF FINAL PLAT: A. Time Limit: Final plat shall be filed with the County Recorder within one year after written approval by the Council; otherwise, such approval shall become null and void, unless prior to said expiration date an extension of time is applied for by the applicant and granted by the Council. The Council may authorize an extension of the final plat for a period not to exceed one yeaz from the end of the original one year period. B. Request For Extension: Any request for an extension must be filed with the Zoning Administrator prior to the lapse of the original one year and must be in writing. 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 for a four month time extension of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 9 ORDER OF DECISION GRANTING AVARIANCE / VAR-03-010 TRAMORE SUBDNISION / A. L. "DREW" SEARGENT, IC3, INC. one year time frame until May 10, 2003, for final plat recording for Tramore Subdivision in the L-O zone for the reasons as stated above, and additionally, the applicant shall comply with all the ordinances that aze in effect presently for future buildings in the subdivision.. NOTICE OF FINAL ACTION Please take notice that this is a fmal 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 APPROVAL OF FINAL PLAT requirements in the L-O zone as provided in the Section 12-3-8 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 Cnity Council at its regular meeting held on the ~~ day of /~ /J~L[~C.- , 2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~~ COUNCILWOMAN TAMMY deWEERD VOTED_ ~~~ COUNCII,WOMAN CHERIE McCANDLESS VOTED--~~-- COUNCILMAN WM. L. M. NARY VOTED ~~~~'"~ MAYOR ROBERT D. CORRIE VOTED (TIE BREAKER DATED: ~- ~' O„ 3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 9 ORDER OF DECISION GRANTING AVARIANCE / VAR-03-010 TRAMORE SUBDIVISION / A. L. "DREW" SEARGENT, IC3, INC. MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. Q 2 : ` G~~aGpRPOl~,q rF ~~S ~~' By: ~--- Dated: ~~l/~~..7 - ~ cS.'~AL City Clerk vG 90~ _ . ~~\~6sr s~ '~ `~O \ - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-010 TRAMORE SUBDNISION / A. L. "DREW" SEARGENT, IC3, INC. Page 8 of 9 ~.r-<~,.. _ ,