HomeMy WebLinkAboutStaff CommentsHUB OF 1'RE,4SURE VALLEY
MAYOR A Good PIBCC t0 LNC LEGAL DEPARTMENT
Robert D. Corri` CITY OF MERIDIAN `208'288-2499 •Fax 288-2501
CITY COUNCB. MEMBERS PUBLIC WORKS
William L.M. Nary 33 EAST IDAHO BUILDING DEPARTMENT
xeith Bira MERIDIAN, IDAHO 83642 (208) 887-2211 ~ Fax 887-1297
Tammy deWcerd (208) 888-4433 ~ FAX (208) 887-0813 PLANNING AND ZONING
Cherie McCandless City Clerk Office Fax (208) 858-4218 DEPARTMENT
(208) 8845533 ~ FAX 888-6854
STAFF REPORT: Hearing Date: Janu 13, 2004
R,ECEI~TE~
To: Mayor & City Council SAN ~ 6 ~n~y
From: Sonya Allen, Assistant City Planner ~R
.City Of IVlerit$an
City Clerk Office
Re: Request for a Variance to Record Schwenkfelder Tire Subdivision (fka Commercial
Tire Subdivision) Final Plat by Pinnacle Engineers, Inc. (File # YAR-03-019)
APPLICATION SUMMARY & BACKGROUND
The Applicant, Pinnacle Engineers, Inc., is requesting a variance from Meridian City Code (MCC) 12-
3-8, "Approval of Final Plat", which requires subdividers to file approved Final Plats with the Ada
County Recorder within one year of City !Council approval of the Final Plat application. The reason for
the delay in recording the final plat as stated in the application is that there was confusion among the
client, the architect, the owner's representative, ACRD and the engineering firm concerning the
recording of the subdivision. This resulted in a late start for routing the plat to all agencies within the
prescribed timeframe. If approved, this would be the second one-year time extension granted to
Schwenkfelder Subdivision.
The original Final Plat application for Commercial Tire Subdivision consisted of one commercial
building lot on 2.44 acres in a C-G (General Retail and Service Commercial) zone and was approved
by City Council on December 18, 2001.On January 7, 2003, as permitted by MCC 12-3-8.B, a one-
year extension was approved for filing the final plat with the Ada Coumy Recorder. That extension
expired on January 7, 2004. The applicant is now filing for a variance to allow another time extension.
Based on these facts and the findings listed below, Staff is recommending denial of the variance
request.
LOCATION & ZONING
The subject property is located on the west side of S. Meridian Road, approximately 1/3 mile south of
W. Franklin Road, in the NE '/. of Section 13, T.3N., R 1 W. The property is zoned C-G (General
Retail and Service Commercial).
VAR-03A19
3chwedd'elder TE.var
Mayor and Council
Hearing Date: January 13, 2004
Page 2
13EOUII2ED FINDINGS
According to Ordinance 12-11-2, Variance Findings, the Council may authorize in specific cases a
vaziance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance
lists the following Findings, all of which must be determined before granting a variance:
A. That there are such special circumstances or conditions affecting the properly that
the strict application of the provisions of this Title would clearly be impracticable
or unreasonable. In such cases, the subdivider shall first state his reasons in
writing as to the specific provision or requirement involved;
The Applicant states that there was confusion among the client, the azchitect, the
owner's representative, ACRD and the engineering firm concerning the recording of the
subdivision. This resulted in a late start for routing the plat to all agencies within the
established timeframe. This is the only special circumstance that was cited in the
application.
Staff does not find that the reason cited above makes the required submission of a time
extension request impracticable and unreasonable. The Council should rely on further
explanation from the applicam to determine if there are other special circumstances that
affect this property in a manner that would make strict application of MCC12-3-6A or B
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;
Staff finds that strict compliance with the requirements of this Title are not due to
unusual topography, adjacent development, or other physical conditions of the site.
Council shall determine if there are other conditions that make strict compliance with
this Title unreasonable, or that compliance with the Ordinance will inhibit the
achievements or objectives of this Title. One objective of Title 12 (Subdivision
Ordinance) is to ensure that plats are recorded in a consistent and reasonably predictable
timeframe and to follow the requirements of Idaho Code. It could be argued that the
City has more assurance of this plat being recorded and the development proceeding if
this Variance is approved. Even so, Staff cannot find that such a variance would justify
granting a second time extension for a plat to record.
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 properly is situated;
VAR-03-018
Olsen Bush II1'E.var
Mayor and Council
Hearing Date: January 13, 2004
Page 3
Staff finds that the requested variance will not necessarily be detrimental or injurious to
the public's welfaze or to the other properties in the area as long as current ordinances
are met at the time of building permit for all lots within the subdivision.
The City Council should rely upon any public testimony offered concerning whether or
not the surrounding property owners feel that the requested variance will affect their
properties.
D. That such variance will not violate the provisions of the Idaho Code.
Staff is unaware of provisions of Idaho Code that would be violated by the issuance of
the requested variance.
E. 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 the issuance of a variance for this project will not directly alter the
interest and purpose of the Meridian City Subdivision Ordinance, which is intended to
ensure orderly development occurs within the established timeframe. The Applicant has
stated they intend to record the subdivision.
As noted in the Summary above, Staff does not believe the required findings can technically be met for
this Variance application. Therefore, we recommend denial of the request. That being said, since
January 2000, the City Council has approved eleven (11) similar applications for either the one-year
final plat submittal or the one-year recordation requiremelrt.
If the City Council denies the variance request, the Applicant will be required to re-submit the
Preliminary and Final Plat applications. An approval will allow the Applicant to proceed with
obtaining the required plat signatures and begin making the required improvements. If approved, the
applicant has requested the plat recording deadline be extended to six months from the date of approval
but will attempt to get it completed sooner than that.
VAR-03-018
Olsen Bush n TE.ver