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HomeMy WebLinkAboutMacaile Meadows Subdivision VAR 01-018BEFORE THE MERIDIAN CITY COUNCIL C/C 4-17-01 IN THE MATTER OF THE ) APPLICATION OF HILLVIEW ) LAND DEVELOPMENT, LLC, ) FOR A VARIANCE OF THE 1,000 ) FOOT BLOCK LENGTH FOR ) PROPOSED MACAILE ) MEADOWS SUBDIVISION, ) LOCATED SOUTH OF EAST ) FAIRVIEW AVENUE AND EST ) OF NORTH CLOVERDALE ) ROAD, MERIDIAN, IDAHO ) VAR-01-018 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 18, 2001, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Marls Butler and Bob Kite, attorney for developer, and appearing and testifying in favor of the application was Bill Clark and Holly Tierney, and appearing and testifying against the application was Robert Corbell, additionally the City Council received numerous petitions against the application, and ~vhich are on file in the City Clerk's office, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / HILLVIEW LAND DEVELOPMENT, LLC / MACAILE MEADOWS SUBDIVISION / VAR-01-018 Page 1 of 9 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 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 Hillview Land Development, LLC, whose address is 150 E. Aikens, Suite A, Eagle, Idaho 83616. 4. The owners of the property are Hillview Land Development, LLC, whose address is 150 E. Aikens, Suite A, Eagle, Idaho 83616. 5. The location of the subject property is presently located in a Medium Density Residential (R-8), and which subject property is located south of Fairview Avenue and north of Pine Street, V4 mile west of Cloverdale 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 9 ORDER OF DECISION GRANTING A VARIANCE / HILLVIEW LAND DEVELOPMENT, LLC / MACAILE MEADOWS SUBDIVISION / VAR-01-018 and which is on file with the Meridian City Clerk's office. 7. The present land use of subiect property is presently zoned as Medium Density Residential (R-8), and which subiect property is presently vacant land. 8. The proposed land use of subiect property is to develop the subject property in the following manner: A residential subdivision to be known as Macaile Meadows Subdivision. 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. 10. The Applicant seeks a variance of the following provision of the Meridian City Code, §12-4-5, BLOCKS, and in the R-8 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 bounda~. 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 may be obtained from the list on file with the Planning and Zoning Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / HILLVIEW LAND DEVELOPMENT, LLC / MACAILE MEADOWS SUBDIVISION / VAR-0.1-018 Page 3 of 9 13. That there are such special circumstances or conditions affecting the property that the strict compliance of the provisions of this Title would clearly be impracticable or unreasonable; it is found that there are no stub streets available to the east or west that would provide a natural break in the block length. 14. That 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 Tide will result in inhibiting the achievements or the objectives of this Title; it is found that the adjacent developments do not provide stub streets to this development that could be used to brealc up the block length. Nevertheless, there are no other conditions that would make the requirement of two northern connections unreasonable under the current circumstances. 15. 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; it is found that the requested variance will not be particularly detrimental to the public's welfare. Additionally, the requested variance will not be injurious to other property in the area. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 9 ORDER OF DECISION GRANTING A VARIANCE / HILLVIEW LAND DEVELOPMENT, LLC / MACAILE MEADOWS SUBDIVISION / VAR-01-018 16. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan. 17. That the applicant shall also comply with all of the requirements listed in the memorandum dated December 11, 2001, from Joseph Silva, Deputy Chief, Fire Protection, of the Meridian Fire Department, wherein 11 requirements are listed. The applicant paid the fee established by the City Council for application 18. 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 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 § I 1-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code §§ 67-6509, 6516 and Meridian City Code §8 1 I- 15-5 and 1 l- 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- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / HILLV1EW LAND DEVELOPMENT, LLC / MACAILE MEADOWS SUBDiVISION / VAR-01-018 Page 5 of 9 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 mal<e strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and reqttirements 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, BLOCICS, 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. F1NDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / HILLVIEW LAND DEVELOPMENT, LLC / MACAILE MEADOWS SUBDIVISION / VAR-01-018 Page 6 of 9 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 block requirements for Macaile Meadows Subdivision in the R-8 zone, and as well, the applicant shall also comply with all of the requirements listed in the memorandum dated December 11, 2001, from Joseph Silva, Deputy Chief, Fire Protection, of the Meridian Fire Department, wherein 11 requirements are listed. 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 § 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 Blodc Requirements in the R-8 Zone as provided in the Section 12-4-5 and may ~xdthin 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 /5~-~A day of ,2002. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / HILLVIEW LAND DEVELOPMENT, LLC / MACAILE MEADOWS SUBDIVISION / VAR-01-018 Page 7 of 9 ROLL CALL: COUNCILMAN BIRD VOTED COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS VOTED~- VOTED COUNCILMAN NARY VOTED~Z(-- MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: //---/~--O ~ MOTION: APPROVED:~- DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. ~'~ty Clerk Dated: Z:\Work\MkMeridiankMeridian 15360MSMacaileMeadowsVAR01-018 FP01-020kFfCIsGrantVafiance.d0c FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / HILLVIEW LAND DEVELOPMENT, LLC / MACAILE MEADOWS SUBDIVISION / VAR-01-018 Page 8 of 9