HomeMy WebLinkAboutHollows Subdivision VAR-00-021BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
APPLICATION OF BOND & )
SHELLI CAMPBELL, FOR A )
VARIANCE NOT TO PIPE AN )
OPEN DITCH LOCATED ON )
THE WEST BOUNDARY OF THE )
HOLLOWS SUBDIVISION, )
MERIDIAN, IDAHO )
)
VAR-00-021
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF DECISION
DENYING A VARIANCE
The above entitled matter coming on regularly for public hearing before the City
Council on September 19, 2000, and a representative of the Planning and Zoning
Administrator, appeared and testified, and appearing and testifying was the Applicant, Bond
Campbell, and appearing and testifying on behalf of the Applicant was Jeff Manship, and no
one appeared in opposition, 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
Condusions 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 5
ORDER OF DECISION DENYING A VARIANCE / VAR-00-021
BOND AND PINNACLE ENGINEERS, INC.
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 and Owner are Bond & Shelli Campbell.
4. The location of the subject property is the west boundary of the Hollows
Subdivision, Meridian, Idaho.
5. 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.
6. The present land use of subject property is presently zoned as R-3.
7. The proposed land use of subject property is to develop the subject property
in the following manner: residential subdivision.
8. That a vicinity map, attached hereto as Exhibit "A', consisting of four
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.
9. The Applicant seeks a variance of the requirement to pipe the irrigation
ditch.
10. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 5
ORDER OF DECISION DENYING A VARIANCE / VAR-00-021
BOND AND PINNACLE ENGINEERS, INC.
the list on file with the Planning and Zoning Department.
11. The characteristics of the subject property which the applicant rite which
prevent compliance with the requirements of the ordinance are that the piping of the
ditch will prevent flood irrigation to the bordering property owner.
12. The Council considered that the applicant did not provide suffident
evidence to support his inability to comply with the ordinance.
13. A literal interpretation of the provisions of the ordinance wood not deprive
the Applicant rights.
14. 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 particttlar, by the
provisions of 'Idaho Code § 67-6516 to provide as part of its zoning ordinance for the
process of applications for variance pexmits.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 5
ORDER OF DECISION DENYING A VARIANCE / VAR-00-021
BOND AND PINNACLE ENGINEERS, INC.
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 spedal drcumstances 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 bemuse 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 drcumstances, 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 spedfied 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.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 5
ORDER OF DECISION DENYING A VARIANCE / VAR-00-021
BOND AND PINNACLE ENGINEERS, INC.
Order and this does Order: 1. Pursuant to § 12-4-13 of the Meridian City Code, the
Applicant is hereby denied the variance as per the decision of the City Council at their
September 19, 2000, meeting, for the real property located at The Hollows Subdivision.
By action of the City Council at its regular meeting held on the /7 ~r4i~-day of
,2ooo.
ROLL CALL:
COUNCILMAN RON ANDERSON
COUNCILMAN KEITH BIRD
COUNCILPERSON TAMMY deWEERD
COUNCILPERSON CHERIE McCANDLESS
V.
VOTED
VOTED
VOTED
VOTED
VOTED "--'"
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and the City Attorney office.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 5
ORDER OF DECISION DENYING A VARIANCE / VAR-00-021
BOND AND PINNACLE ENGINEERS, INC.
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PINNACLE ENGINEERS, INC.
870 N. LINDER RD, STE B, MERIDIAN, ID 83842
PH: (208) 887-7760 FX: (208) 887-778i
PROJECT # C006076
DATE: 4/25/00