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HomeMy WebLinkAboutObservation Pointe Subdivision VAR-00-006BEFORE THE MERIDIAN CITY COUNCIL 08-02-00 IN THE MATTER OF THE ) APPLICATION OF VICTORY 41, ) LLC, FOR A VARIANCE OF THE ) 1,000 FOOT BLOCK LENGTH ) FOR PROPOSED OBSERVATION ) POINT SUBDIVISION LOCATED ) NORTH OF VICTORY ROAD ) AND EAST OF MERIDIAN ) ROAD, MERIDIAN, IDAHO ) VAR-O0-O06 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 July 18, 2000 and continued until August 1, 2000, and Shaft Stiles, Planning and Zoning Administrator, appeared and testified, and no one appeared in opposition at the July 18,12000 meeting, and appearing and testifying at the August l, 2000, meeting were Shari Stiles, Planning and Zoning Administrator, and Gary Smith, Public Works Director, and appearing and testifying on behalf of the Applicant was Becky Bowcutt, and appearing and testifying with comments or concerns were: Lee Segmiller, Boris Martinez, and David Obarr, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-00-006 VICTORY 41, LLC / OBSERVATION POINT SUBDIVISION of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT 1. The City Council tal<es iudicial 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 Victory 41, LLC, whose address is 6874 Fairview Avenue, Boise, Idaho 83704. 4. The owners of the property are Victory 41, LLC, whose address is 6874 Fairview Aven.ue, Boise, Idaho 83704, and Dean and Beverly Peterson, whose address is 780 £. viCtory Road, Meridian, Idaho 83642. 5. The location of the subiect property is presently located in Ada County R- T zone, but'the Applicant is requesting zoning of Low Density Residential (R-4), in Case No. AZ-00-010, and which subiect property is located at 500 and 780 E. Victory Road, Meridian, Idaho. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map as 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 / VAR-00-006 VICTORY 41, LLC / OBSERVATION POINT SUBDIVISION and is described as follows: A parcel of land being the SE 1/4 of the SW 1/4 of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner of the SW 1/4 (south 1/4 comer) of Section 19, T. 3N., R. 1E., B.M., the REAL POINT OF BEGINNING of this description; Thence S 89042'45" W 1,320.43 feet to the southwest comer of the SE 1/4 of the SW 1/4; Thence N 0029'39" E 1,329.84 feet to the northwest comer of the SE 1/4 of the SW 1/4; Thence N 89044'30'' E 1,322.27 feet to the northeast corner of the SE 1/4 of the SW 1/4; Thence S 0°34'26" W 1,329.19 feet to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 40.33 acres more or less. 7. The present land use of subject property is presently zoned as Ada County R-Ti, but the Applicant is requesting zoning of Low Density Residential (R-4), in Case No. iAZ-00-010, which subject property is presently developed with one single family dwelling and accessory buildings. 8. The proposed land use of subject property is to develop the subject property in the following manner: A 91 lot single-family residential development. 9. That a vicinity map, attached hereto as Exhibit "A", consisting of one page, of the :proposed scale approved by the City Council showing property lines, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-00-006 VICTORY 41, LLC / OBSERVATION POINT SUBDIVISION 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-4 zone if granted the re-zone, which provides as follows: 12-4-5 BLOCICS: 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. 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 characteristics of the subject property which prevent compliance with the requirements of the ordinance are that there are three blocks (Block 1, 2, and 3) which exceed the maximum block length of 1,000 feet. The steep topography of the parcel warrants a design with east/west streets running parallel with the contours. The block lengths are excessive due to the inability to break blocks with a public street, because of the cut and fill which would be necessary. 13. The minimum requirements of the ordinance that need to be reduced to permit the Proposed use would be the elimination of the requirement that every block should be designed no more than one thousand feet (1,000') in length. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-00-006 VICTORY 41, LLC /OBSERVATION POINT SUBDIVISION 14. The difficulty or hardship which would result if the requirements of the ordinance were applied to the subject property is that the resulting streets would be either too steep, or "cut" into the elevated topography. 15. The unusual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied with, and the special conditions and circumstances that exist, are that it would be difficult to brealc up the block lengths within the interior because of the topography of the parcel. The property adjoining the west is a gravel pit. 16. A literal interpretation of the provisions of the ordinance would deprive the Applicant rights because the development of the property would be difficult if no flexibility on block lengths were allowed. The proposed street design minimizes the amount of grading and disruption of the topography. 17. The existence of special circumstances or conditions affecting the property is that the existing topography of the property is not a result of actions by the applicant. 18. Granting the variance would maintain rights which would be afforded to others in the same situation. 19. The Comprehensive Plan for the R-4 District is to permit the establishment of low density single-family dwellings, and to delineate those areas where FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-00-006 VICTORY 41, LLC / OBSERVATION POINT SUBDIVISION predominantly residential development has, or is likely to occur in accord with the ComprehenSive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. 20. The variance would allow the applicant to maximize the potential site in order to generate a fair return on investment and to offset the cost of the land and development costs. 21. The granting of the requested variance will not be detrimental to the public's welfare or injurious to other property in the area of the proposed plat, and, in fact, the development of the plat in accordance with the conditions of approval and the requirements of the Subdivision Ordinance will prevent the conditions which are the source of the complaints raised in the public hearing of this matter. 22. The granting of this variance will not have an effect of altering the interest and purpose of the Subdivision or Development Ordinance and/or the City's Comprehensive Plan for the reasons stated above. 23. 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 the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-00-006 VICTORY 4i, LLC / OBSERVATION POINT SUBDIVISION 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 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 malce 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 welfare or injurious to other FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-00-006 VICTORY 41, LLC / OBSERVATION POINT SUBDIVISION 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-4 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. Blodcs shall not be less than five hundred feet (500') nor more than one thousand feet (1,000') in length. 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 Observation Point Subdivision in the proposed 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 § 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 x~ariance authorizing a variance of the Block Requirements in the R-4 Zone as provided lin the Section 12-4-5 and may within twenty-eight (28) days after the date FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-00-006 VICTORY 41, LLC / OBSERVATION POINT SUBDIVISION of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Codel By action of the City Council at its regular meeting held on the ROLL CALL: COUNCILMAN RON ANDERSON /-~-//"~d ay of VOTED d:i~~d'~- COUNCILMAN KEITH BIRD COUNCILPERSON TAMMY deWEERD COUNCILPERSON CHERIE McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~_~"-/~'-~ ~ VOTED VOTED VOTED VOTED MOTION: ' DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attomey office. ~'~"~*"-""'"',,,~ Dated: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 9 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-00-006 VICTORY 4i, LLC / OBSERVATION POINT SUBDIVISION City Clerk ~' !