HomeMy WebLinkAboutAshford Greens Subdivision No. 5 VAR-01-017BEFORE THE MERIDIAN CITY COUNCIL
C/C 12-04-01
IN THE MATTER OF THE )
APPLICATION OF BRIGHTON )
CORPORATION, FOR A )
VARIANCE FOR TIME )
EXTENSION OF ONE YEAR )
TIME FRAME FOR FINAL PLAT )
RECORDING FOR ASHFORD )
GREENS SUBDIVISION NO. 5, )
LOCATED EAST OF NORTH )
BLACK CAT ROAD AND NORTH )
OF WEST CHERRY LANE, )
MERIDIAN, IDAHO )
VAR-01-017
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 December 4, 2001, and David McKdnnon, Planner for the Planning
and Zoning Department, appeared and testified, and John Wardle of Brighton
Corporation, 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 AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-017
ASHFORD GREENS SUBDIVISION NO. 5 / BRIGHTON CORPORATION
Page 1 of 9
FINDINGS OF FACT
1. The City Council talces 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 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 Brighton Corporation, whose address is 12426 W.
Explorer Drive, Suite 220, Boise, Idaho 83713.
4. The owner of the property is Brighton Corporation, whose address is 12426
W. Explorer Drive, Suite 220, Boise, Idaho 83713.
5. The location of the subject property is presently located in an R-4 (Low
Density Residential District), and which subject property is located east of North Black
Cat Road and north of West Cherry Lane, 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 two pages, and as the legal description appears in the record of proceeds of this
matter, and which is on file with the Meridian City Cleric's office.
7. The present land use of subject property is presently zoned as R-4 (Low
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-017
ASHFORD GREENS SUBDIVISION NO. 5 / BRIGHTON CORPORATION
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Density Residential District), and which subject property is presently land for
development for a single family residential subdivision knosvn as Ashford Greens
Subdivision No. 5.
8. The proposed land use of subject property was to develop the subject
property into a single family residential subdivision, and which subdivision has been
developed and is now known as Ashford Greens Subdivision No. 5.
9. That a vicinity map, attached hereto as Exhibit "A" and consisting of two
pages, 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, §12-3-6C, APPROVAL PERIOD, and in the R-4 zone if granted the re-
zone, which provides as follows:
12-3-6 APPROVAL PERIOD:
A. Failure To Submit Final Plan: Council approval of the preliminary
development plan shall become null and void if the applicant fails to
submit the final development plan within one year of Council approval of
the preliminary development plan.
B. Authorize Extension: Upon written request to the Council and tiled by the
applicant prior to the termination of the said one year period as stated in
subsection A of this Section, the Council may authorize a single extension
of the approval of the preliminary development plan for a period not to
exceed one year from the end of the said one year period.
C. Consideration For Final Approval: In the event that the development of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-017
ASHFORD GREENS SUBDIVISION NO. 5 / BRIGHTON CORPORATION
Page 3 of 9
the preliminary plat is made in successive contiguous segments in an
orderly and reasonable manner, and conforms substantially to the
approved preliminary plat, such segments, if submitted within successive
intervals of one year, may be considered for final approval without
resubmission for preliminary plat approval.
11. 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 special circumstances or conditions affecting the property which the
strict application of the provisions of this Title would clearly be impracticable or
unreasonable are that due to the time required to obtain drainage easements from the
City, the applicant was unable to submit construction plans for review in a timely
manner, therefore strict application of this title is unreasonable.
Further, it would be unprofitable and impractical to require the applicant to
begin the preliminary plat process anew.
13. The strict compliance with the requirements of this Title would result in
extraordinary hardship to the owner, subdivider or developer because of unusual
topography, the nature or condition of adjacent development, other physical
conditions or other conditions that make strict compliance with this Title
unreasonable under the circumstances, or that the conditions and requirements of
this Title will result in inhibiting the achievements or the objectives of this Title are
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-017
ASHFORD GREENS SUBDIVISION NO. 5 / BRIGHTON CORPORATION
Page 4 of 9
that the applicant has worked diligently towards designing a drainage fadlity and
obtaining the requisite easements for construction. The process has taken longer
than anticipated. Strict compliance with Meridian City Code 12-3-6C ~vould be
unreasonable.
14. That the granting of the 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 because the requested variance will not be detrimental or injurious to the
public's welfare or to the other properties in the area.
15. That such variance will not have the effect of altering the interest and
purpose of this Title and the Meridian Comprehensive Plan because the issuance of a
variance for this project w/ll not violate the intent and purpose of the Meridian City
Code and the Comprehensive Plan.
16. Granting the variance would maintain rights which would be afforded to
others in the same situation.
17. The applicant paid the fee established by the City Council for application
variance.
CONCLUSIONS OF LAW
1. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-017
ASHFORD GREENS SUBDIVISION NO. 5 / BRIGHTON CORPORATION
Page 5 of 9
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
§ 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ~-
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-017
ASHFORD GREENS SUBDIVISION NO. 5 / BRIGHTON CORPORATION
Page 6 of 9
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.
Meridian City Code, § 12-3-6C, APPROVAL PERIOD, and in the
R-4 zone if granted the re-zone, provides as follows:
12-3-6 APPROVAL PERIOD:
Failure To Submit Final Plan: Council approval of the preliminary
development plan shall become null and void if the applicant fails to
submit the final development plan within one year of Council approval of
the preliminary development plan.
Authorize Extension: Upon written request to the Coundl and filed by the
applicant prior to the termination of the said one year period as stated in
subsection A of this Section, the Council may authorize a single extension
of the approval of the preliminary development plan for a period not to
exceed one year from the end of the said one year period.
Consideration For Final Approval: In the event that the development of
the preliminary plat is made in successive contiguous segments in an
orderly and reasonable manner, and conforms substantially to the
approved preliminary plat, such segments, if submitted within successive
intervals of one year, may be considered for final approval without
resubmission for preliminary plat approval.
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 for time extension of one
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-017
ASHFORD GREENS SUBDIVISION NO. 5 / BRIGHTON CORPORATION
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year time frame for finaJ plat recording for Ashford Greens Subdivision No. 5 in the R-4
zone.
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 APPROVAL PERIOD
requirements in the R-4 Zone as provided in the Section 12-3-6C and ~nay 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 /~;~/~A day
of ~Ce/'W~t.; ,2001.
ROLL CALL:
COUNCILMAN RON ANDERSON
VOTED
COUNCILMAN ICEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
VOTED
VOTED
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-017
ASHFORD GREENS SUBDIVISION NO. 5 / BRIGHTON CORPORATION
Page 8 of 9
MAYOR ROBERT O. CORRIE
(TIE BREAKER). . ~ _,
DATED: /~- ~/'/9' ~,/
VOTED
MOTION:
APPROVED:
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Deparunent, Public Works
Department, and the City Attorney office.
By: , Dated:/Z --/fi--O(
City Clerk ;~ k~, ~.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE / VAR-01-017
ASHFORD GREENS SUBDIVISION NO. $ / BRIGHTON CORPORATION
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