Paramount 29 H-2017-0168BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR A MODIFICATION
TO PARAMOUNT NO. 29 FINAL
PLAT TO ALLOW THE FUTURE
HOME CONSTRUCTED ON LOT
15, BLOCK 76 TO TAKE ACCESS
FROM N. BORGNINE AVENUE IN
LIEU OF THE COMMON
DRIVEWAY.
BY: PETER HARRIS J
APPLICANT )
C/C JANUARY 16, 2018
CASE NO. H-2017-0168
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
MODIFICATION
This matter coming before the City Council on January 16, 2018, upon the Applicant's
submittal of a final plat modification application pursuant to Unified Development Code (UDC)
Table 11-5A-2 and the Council finding that the Administrative Review is complete by the
Planning Division, to the Mayor and Council, and the Council having considered the
requirements of the modifications, the Council takes the following action:
IT IS HEREBY ORDERED THAT:
The above named applicant is granted approval to modify the Paramount Subdivision No.
29 final plat to allow the future home constructed on Lot 15, Block 76 to take access from the
abutting local street (N. Borgnine Ave.) in lieu of the common driveway (Lot 16, Block 76),
subject to the conditions of approval in the attached Staff Report for the hearing date
of January 16, 2018, incorporated by reference.
Attached: Staff Report for the hearing date of January 16, 2018
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT MODIFICATION
FOR PARAMOUNT NO. 29 H-2017-0168
Page 1 of 2
By the action of the City Council at its regular meeting on the -6_ day of
(� rVG �'` , 2018.
DATED this
Attest:
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4Col'C. Clerk
day of [& N4K� , 2018
Mayor Tam, de Weerd
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City or o,
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SEAL
Copy served upon the Applicant, Planning Department, Public Works Department, and City
Attorney.
BY:1 Dated: - �D -
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT MODIFICATION
FOR PARAMOUNT NO. 29 H-2017-0168
Page 2 of 2
EXHIBIT A
STAFF REPORT
Hearing Date: January 16, 2018
TO: Mayor and City Council
FROM: Bill Parsons, Planning Supervisor
(208) 884-5533
SUBJECT: Paramount No. 29- H-2017-0168
I. APPLICATION SUMMARY
The applicant, Peter Harris, has requested approval of a modification to the Paramount No. 29 final
plat (note #14) to allow the future home constructed on Lot 15, Block 76 to take access from the
abutting local street (N. Borgnine Ave.) in lieu of the common driveway (Lot 16, Block 76).
II. STAFF RECOMMENDATION
Staff recommends approval of the subject application subject to the modifications listed in Exhibit
A.4.
III. PROPOSED MOTION
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number H-2017-
0168, as presented during the hearing on January 16, 2018.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number H-2017-
0168, as presented in the staff report for the hearing date of January 16, 2018, for the following
reasons: (You should state specific reasons for denial.)
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Number H-2017-
0168 to the hearing date of (insert continued hearing date here) for the following reason(s): (you
should state specific reason(s) for continuance)
IV.APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property (Lot 15, Block 76) is located at 5260 N. Borgnine Avenue in the southeast ¼
of Section 25, Township 4 North, Range 1 West.
B. Applicant/Owner:
Peter Harris Construction Inc.
6945 Duncan Lane
Boise, ID 83714
C. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
The subject application is for a modification to the final plat. By reason of the provisions of the
Meridian City Code Title 11, Chapter 5, the City Council is the decision making body on this matter.
A public meeting is required to be held for this type of application.
VI. LAND USE
Paramount No. 29- H-2017-0168 - 1 -
EXHIBIT A
A. Existing Land Use(s): The subject property is vacant property developed as a single-family
residential subdivision.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This area is predominantly
developed with single family detached homes.
C. History of Previous Actions: On May 26 2015, the property received final plat approval (FP-15-
016) to development 62 single family lots and 12 common lots on 18.42 acres.
VII. STAFF ANALYSIS
The applicant requests approval to modify the Paramount No. 29 final plat to allow Lot 15, Block 76
to access from the abutting street rather than the adjacent common driveway. Specifically, note #14
on the recorded plat states said lot must to take access from the abutting common driveway along the
south boundary (Lot 16, Block 76). The modification is requested because the applicant wishes to
construct a new home on the parcel that takes access from the abutting local street (N. Borgnine
Ave.).
As stated in the UDC, any property that abuts a common driveway shall take access from the
driveway. However, if the abutting property has the required minimum street frontage, the property is
not required to take access from the common driveway. In this situation, the abutting property’s
driveway shall be on the opposite side of the shared property line; away from the common driveway.
Solid fencing adjacent to the common driveway is prohibited unless separated by a 5-foot landscape
buffer.
The applicant has provided an exhibit that demonstrates how the home is to be oriented on lot. In
reviewing the attached document, Staff finds the lot meets the minimum street frontage requirements
of the R-8 district and the proposed driveway for the future home is on the opposite side of the
common driveway consistent with the common drive standards set forth in UDC 11-6C-3D.5.
In order to proceed with the modification as proposed by the applicant, the plat note #14 must be
modified as follows:
1) Note #14 – Lot 18 of Block 54, Lots 9 and 16 of Block 76 are designated as common driveways
to provide access to Lots 15, 16, 17 and 19 of Block 54, Lots 6, 7, 8, 10, 15, 17, 18 and 19 of
Block 76, respectively, said Lot 18 of Block 54, Lots 9 and 16 of Block 76 are to be owned by the
Paramount Owners Association Inc., or assigns, and the owners of the lots which will benefit
from the use of the common driveway shall maintain, repair and/or replace at their own cost and
expense of said driveway. Lot 18 of Block 54 and Lots 9 and 16 of Block 76 are also encumbered
by a blanket public utility easement.
Staff recommends the proposed MFP be approved with the modification in Exhibit A.4.
VIII. EXHIBITS
A. Drawings
1. Vicinity Map
2. Approved Final Plat
3. Proposed Site Plan
4. Modifications to the Final Plat Notes
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EXHIBIT A
A. Drawings
1. Vicinity Map
Paramount No. 29- H-2017-0168 - 3 -
EXHIBIT A
2. Approved Final Plat
Paramount No. 29- H-2017-0168 - 4 -
EXHIBIT A
3. Proposed Site Plan
Paramount No. 29- H-2017-0168 - 5 -
EXHIBIT A
4. Modifications to the Final Plat
The Paramount No. 29 final plat shall be modified as follows:
1. Note #14 – Lot 18 of Block 54, Lots 9 and 16 of Block 76 are designated as common driveways
to provide access to Lots 15, 16, 17 and 19 of Block 54, Lots 6, 7, 8, 10, 15, 17, 18 and 19 of
Block 76, respectively, said Lot 18 of Block 54, Lots 9 and 16 of Block 76 are to be owned by the
Paramount Owners Association Inc., or assigns, and the owners of the lots which will benefit
from the use of the common driveway shall maintain, repair and/or replace at their own cost and
expense of said driveway. Lot 18 of Block 54 and Lots 9 and 16 of Block 76 are also encumbered
by a blanket public utility easement.
Paramount No. 29- H-2017-0168 - 6 -