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HomeMy WebLinkAboutBear Creek Sub 7.VARVAR-03-017 Bear Creek Sub 7.VAR HUB OF TREASURE VALLEY MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy deWeerd Keith Bird Cherie McCandless William L.M. Nary A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 · FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 466-9272 ·Fax 466-4405 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 · Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 · FAX 888-6854 MEMORANDUM: Hearing Date: July 8, 2003 To: Mayor and City Council From: Sonya Allen, Planner I Re: Bear Creek Subdivision No. 7 - Variance Request for a Variance from Meridian City Code (MCC) 12-4-2.F. (Cul-de-sac Length), to allow Block 1 to exceed the 450-foot maximum cul-de-sac length, within the proposed Bear Creek Subdivision No. 7, by Bear Creek, LLC (File No. VAR-03-017). The Planning and Zoning staff has reviewed the applicant’s submittal, and we offer the following comments and recommendations: APPLICATION SUMMARY The applicant, Bear Creek, LLC, has requested a variance from section 12-4-2.F. of the Meridian City Code (MCC), which prohibits cul-de-sac lengths from exceeding 450 feet. Block 1 of the proposed Bear Creek Subdivision No. 7 exceeds the 450-foot maximum cul-de- sac length. A preliminary plat (PP-03-009) is being processed concurrently with the variance application for phase seven. The applicant has stated in their application that they cannot comply with the cul-de-sac ordinance due to existing conditions (street configurations) approved in previous phases of Bear Creek Subdivision, and sight distance issues with Victory Road: the sight distance on Victory Road prohibits the construction of an intersection. The applicant states that eliminating the cul- de-sac would create an unsafe intersection onto Victory Road and would not be approved by ACHD. LOCATION The property is located approximately ½ mile west of S. Meridian Road on the north side of W. Victory Road. Mayor and Council Transmittal Date: July 2, 2003 Page 2 VAR-03-017 Bear Creek Sub 7.VAR SURROUNDING PROPERTIES North: Bear Creek Subdivision, zoned R-4 West: Pebble Lane Estates, zoned R1 (Ada County) East: Bear Creek Subdivision, zone R-4 South:Rural residential/agricultural, zoned RUT (Ada County) OWNER OF RECORD The property owner of record is Bear Creek, LLC and they have provided notarized consent for submission of this application. REQUIRED FINDINGS According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings (MCC11-18-3), all of which must be determined before granting a variance: A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; The proposed Bear Creek Subdivision No. 7 is bordered to the north and east by the Ridenbaugh Canal, thus prohibiting interconnectivity to the existing phases of Bear Creek Subdivision. Victory Road borders the proposed subdivision to the south and Pebble Lane Estates to the west. Therefore, based on the existing surrounding property uses and existing street configurations, staff finds that special circumstances exist that make strict application of this title impractical and unreasonable. B. 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 Title will result in inhibiting the achievements or the objectives of this Title; As noted above, staff finds that strict compliance with the City’s Ordinance would not be of benefit to the City, the surrounding property owners or the applicant. Based on the size, configuration of the parcel, and the adjacent Mayor and Council Transmittal Date: July 2, 2003 Page 3 VAR-03-017 Bear Creek Sub 7.VAR Ridenbaugh Canal, staff finds that strict compliance to the MCC 12-4-2.F. would be unreasonable and would not result in inhibiting the objectives of the MCC. C. 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; Staff anticipates that the variance will not be detrimental to the public’s welfare or injurious to other properties in the area. The City Council should listen to any public testimony offered concerning whether or not the surrounding property owners feel that the requested variance will negatively affect their properties. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan. Staff finds that issuance of the variance for exceeding the 450’ maximum cul-de- sac length within the proposed Bear Creek Subdivision No. 7 does not have the effect of altering the purpose and interest of the Zoning Ordinance. The proposed cul-de-sac increases safety by eliminating a potentially dangerous intersection on Victory Road. STAFF RECOMMENDATION Staff recommends approval of this variance request.