HomeMy WebLinkAboutKathy Hinshaw VAR-04-005
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the matter of the requestfor a variance from Meridian City Code 11-13-1 [A-C], and 11-
13-S to allow reduced parking standards at 128 E. Pine Avenue, by Kathy Hinshaw
Case No(s). V AR-04-00S
For the City Council Hearing Date of: September 28, 2004
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
The matter was duly considered by the City Council at the September 28, 2004,
public hearing(s). The applicant, affected property owners, and govermnent
subdivisions providing services within the planning jurisdiction of the City of
Meridian were given full opportunity to express comments and submit evidence.
b.
c.
Written and oral testimony was received on this matter, as reflected in the records
ofthe City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
The Planning and Zoning Commission issued a written recommendation on the
subject matter to the City Council.
d.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ .11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-O4-005 - PAGE I of 4
a.
In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner( s) of record at the time of issuance of these
findings are Tony and Kathleen Hinshaw.
b.
The location of the subject property is located on the north side of Pine Avenue
between Main Street and 2nd Street, physical address is 128 East Pine Avenue,
Meridian, Idaho within a present 0- T (Old Town) zone.
c.
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.
d.
The present land use of subject property is presently zoned as O-T, and which
subject property presently has an existing residence.
e.
The proposed land use of subject property is to convert the existing residence into
a retail candle and gift shop.
f.
The Applicant seeks a variance of the following provision of the Meridian
City Code, §11-13-1 and 11-13-5.
B. Conclusions of Law
1.
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.
2.
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 make
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 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-04-005 - PAGE 2 of 4
3.
The City of Meridian shall exercise the powers conferred upon it by the "Local
Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code
(I.C. §67-6503).
4.
The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and
all current zoning maps thereof. The City of Meridian has, by ordinance,
established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps.
5.
The conditions shall be reviewable by the City Council pursuant to Meridian City
Code § 11-17-9.
6.
Due consideration has been given to the comment(s) received ITom the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction.
7.
It is found public facilities and services required by the proposed development
will not impose expense upon the public if the attached conditions of approval are
imposed.
8.
That the City has granted an order of approval in accordance with this Decision,
which shall be signed by the Mayor and City Clerk and then a copy served by the
Clerk upon the applicant, the Planning and Zoning Department, the Public Works
Department and any affected party requesting notice.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1.
That the Applicant is hereby granted a variance for parking of lon-site parking
stall in the 0- T zone for a retail candle and gift shop.
The City Clerk shall cause a certified copy of this order to be recorded with the
Ada County Recorders office.
Notice of Final Action and Right to Regulatory Takings Analysis
2.
D.
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-O4-00S - PAGE 3 of 4
2. Please take notice that this is a final action of the governing body ofthe 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
the conditional use permit approval 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.
B~e City Council at its regular meeting held on the
~ ,2004.
12 ,r~ day of
COUNCILMAN SHAUN WARDLE
VOTED~
COU!~CILMAN BILL 1,AR-í
'v'OffiB
COUNCILMAN CHARLIE ROUNTREE
VOTED~
VOTED~
COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED --
Attest:
and City Attorney.
By: ,~ ~HA....
City Clerk's 0 lice
Dated: 1O-'25-0t
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). VAR-04-00S - PAGE 4 of4