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Home My WebLink AboutClearbrook Estates VAR03-012BEFORE THE MERIDIAN CITY COUNCIL C/C 09/09/03 IN THE MATTER OF THE APPLICATION OF RK DEVELOPMENT, LLC, FOR A VARIANCE TO BLOCK LENGTH REQUIREMENTS FOR A BLOCK ON THE SOUTH SIDE OF CLEARBROOK STREET FOR CLEARBROOK ESTATES SUBDIVISION, LOCATED ON THE WEST SIDE OF N. MERIDIAN ROAD, 1/3 MILE SOUTH OF W. USTICK ROAD, MERIDIAN, IDAHO VAR-03-012 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 September 9, 2003, and Anna Powell Planning Director for the Planning and Zoning Department, and Richard Cook, 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 ofthe City of Meridian and all current zoning maps thereof and the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-012 CLEARBROOK ESTATES SUBDIVISION PAGE 1 OF 8 Resolution No. 02-382 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 ofthis matter. 3. The Applicant is RK Development, LLC. 4. The owner of record of the subject property is Donald McCord of Lexington, Kentucky, and he has provided consent for submission of the application. The location of the subject property is presently located on the west side of N. Meridian Road, approximately 1/3 mile south of W. Ustick Road, Meridian, Idaho within a present R-4 zone. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map, and which legal description and Vicinity Map appear in the record of proceeds of this matter, and which are on file with the Meridian City Clerk's office. 7. The present land use of subject property is presently zoned as R-4, and which subject property is presently vacant land with a single residence. 8. The proposed land use of subject property is to develop the subject property in the following manner: 36 single family lots with 11 other lots on 11.65 acres. 9. That a Vicinity Map, which is on file with the Meridian City Clerk's office, 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, RK Development, LLC, has requested a variance from Section 12-4-5 of the MCC, which prohibits residential block lengths from exceeding 1,000 feet. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-012 CLEARBROOK ESTATES SUBDIVISION PAGE 2 OF 8 11. 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 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. 12. Block 1 ofthe proposed Clearbrook Estates Subdivision exceeds the 1,000-foot maximum block length. The applicant has given the following reasons for the variance request: 1. The hardship that exits with this property that prohibits the applicant from comply with the ordinance is a result of the adjacent development not having stubbed to this property when it was developed. 2. The applicant has provided three micropath connections to the pathway along the South Slough in an effort to reduce the impact of the long block and cul-de-sac lengths. 13. The existing development adjacent to the proposed Clearbrook Estates Subdivision to the south did not stub to this property at the time of development, and therefore, requiring the applicant to construct a stub street to the south that would not lead anywhere and thereby making strict application of the provisions of this Title impracticable and unreasonable. 14. As noted in number 13 above, it is found that strict compliance with the City's block length ordinance would not be of benefit to the City, the surrounding property owners or the applicant. Based on existing circumstances that were not a result of the applicant's action, it is found that strict compliance to the MCC 12-4-5 would be unreasonable and would not result in inhibiting FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE /VAR-03-012 CLEARBROOK ESTATES SUBDIVISION PAGE 3 OF 8 the objectives ofthe MCC. 15. It is not anticipated that the variance will be detrimental to the public's welfare or injurious to other properties in the area. 16. It is found that the issuance of a variance to the 1,000-foot maximum block length for Block 1 in the proposed Clearbrook Estates Subdivision will not have the effect of altering the purpose and interest of the Zoning Ordinance. 17. 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. 18. The variance would not constitute any special privilege for the property owner that could not be sought by owners of other land in the same situation, and the request does not conflict with any provisions of the Comprehensive Plan. 19. The applicant paid the fee established by the City Council for application variance. 20. The applicant shall be required to comply with all the conditions and requirements of the corresponding application, Preliminary Plat - PP-03-007, as well as the following conditions or requirements of the following entities: 1. The Nampa & Meridian Irrigation District's Finch Lateral courses along the southern boundary with a recorded easement of eighty feet, forty feet each side. The District allows no pathways on its laterals unless they have been piped and have a License Agreement in place. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OFDECISION GRANTING AVARIANCE / VAR-03-012 CLEARBROOK ESTATES SUBDIVISION PAGE 4 OF 8 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 § 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 aze 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 ofZoning 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 condifions 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 property in the area in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OFDECISION GRANTING AVARIANCE / VAR-03-012 CLEARBROOK ESTATES SUBDIVISION PAGE 5 OF 8 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, BLOCKS, and in the R-4 zone, ifgranted 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. 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 1,000 foot minimum block length requirement for Blocks 1 of the proposed Clearbrook Estates Subdivision to exceed the 1,000' maximum block length in the R-4 zone. Additionally, the applicant shall be required to comply with all the condifions and requirements of the corresponding applicafion, Preliminary Plat - PP-03-007, as well as the following conditions or requirements of the following entities: The Nampa & Meridian Irrigation District's Finch Lateral courses along the southern boundary with a recorded easement of eighty feet, forty feet each side. The District allows no pathways on its laterals unless they have been piped and. have a License Agreement in place. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-012 CLEARBROOK ESTATES SUBDIVISION PAGE 6 OF 8 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 Block Requirements in the R-4 Zone as provided in the Section 12- 4-5 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. Z3r~C By action of the City Council at its regular meeting held on the of ~~~~' , 2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED COUNCILWOMAN TAMMY deWEERD VOTED- COUNCILWOMAN CHERIE McCANDLESS VOTED l/ G~- COUNCILMAN WM. L. M. NARY VOTED "~~~- MAYOR ROBERT D. CORRIE VOTED (TIE BREAKER)~+ DATED: %-Z3~~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-012 CLEARBROOK ESTATES SUBDIVISION PAGE 7 OF 8 day MOTION: APPROVED:_~ DISAPPROVED: William G. Berg, Jr., Copy served upon Applicant, the and the City Attorney office. Public Works Department, ,.~`~~y OFI ti'1FRlp~' ~~ 9, G~ „~\ ~j-23-D3 Z:\Work\M\MertdianVNeridian 15360Iv1\Clearbrook Estates Sub PP-03-007 VAR-03-D12 Denial oFPP and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING AVARIANCE / VAR-03-012 CLEARBROOK ESTATES SUBDIVISION PAGE S OF 8