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HomeMy WebLinkAboutHoly Trinity Charismatic Church VAR-04-008 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the matter of the request for a variance from Meridian City Code 11-13-1 [AI to allow off-site parking along N. Third Street, in the 0- T Zone for 237 E. State Street, by Holy Trinity Charismatic Episcopal Church. Case No: V AR-04-008 For the City Council Hearing Date of: January 25. 2005 A. Findings of Fact I. 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. b. The matter was duly considered by the City Council at the January 25,2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. 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 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).VAR-O4-008 . PAGE 1 of4 verified that the property owner of record at the time of issuance of these findings is Holy Trinity Charismatic Episcopal Church. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit B for the findings required for this application. B. Conclusions of Law I. 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 (LC. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles II 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. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received fÌ'om the govemmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. 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. 6. 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. 7. That this approval is subject to the Legal Description in Exhibit A. 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: I. The applicant is hereby granted a variance to MCC l1-13-I(A) Parking and Loading Spaces Required, in the O-T Zone to allow for ten (10) on-street parking spaces along N. Third Street and three (3) off-street parking spaces to fulfill the requirements of MCC 11-13-5(B). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).VAR-O4-008 - PAGE 2 of4 D. Notice of Final Action and Right to Regulatory Takings Analysis I. 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. 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. E. Exhibits Exhibit A: Deed and Legal Description Exhibit B: Required Findings for Variance By action of the C~ Council at its regular m~eting held on the 6rM ~:J ' ~ '£t!PO5. íJ .¡& day of COUNCIL MEMBER SHAUN WARDLE VOTED-þ COUNCIL MEMBER CHRISTINE DONNELL VOTED~ VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTEDþ MAYOR TAMMY de WEERD (TIE BREAKER) - VOTED- ~ Mayor T . CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).VAR-O4-008 - PAGE 3 of4 Attest: Dated: 2 ~ IS -or; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).VAR-O4-008 - PAGE 4 of4 EXHffiIT A Holy Trinity Charismatic Episcopal Church V AR-04-008 Legal Description Lot 5 and 6 in Block 4 of COTTAGE HOME ADDITION TO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN Book I of Plats at Page 42, Records of Ada County, Idaho. EXCEPT the West 21.5 feet of Lot 5. ALSO EXCEPTING the West 10 feet of the East 28.5 feet of Lot 5. EXHffiIT B Holy Trinity Charismatic Episcopal Church V AR-O4-008 Required Findings for Variance According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a variance fÌ'om the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings (MCCII-18-3), all of which must be determined before granting a variance: "A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; Staff recognizes that most parcels located in the 0- T district were not originally platted anticipating non-residential uses in the future. When the subject properties on this area of Meridian were originally configured, in 1897 with the Cottage Home Addition to Meridian, the lots were 50-feet wide and 120-feet deep. These dimensions are not very conducive to providing off-street parking for non- residential uses. With the amount of ITontage this site has on Pine Avenue (68- feet), the City would recognize three (3) cars being able to park in fÌ'ont of this site (see MCC 11-13-4.F). Hours of operation are during non-traditional business hours (Sunday mornings and Wednesday evenings) when demand for on-street parking spaces in the downtown area is low. Staff fmds that the proposed use is a low-impact use and that the requested reduction of off-street parking stalls will not significantly affect the other properties in the general vicinity. Staff finds that requiring the construction of twelve (12) off-street parking stalls on this site is impracticable due to the existing dimensions of the property (68-feet wide by 120-feet long) and available on-street parking in this area. Further, staff believes that eliminating landscaping in this area to accommodate parking in the ITont yard would be detrimental to the overall feel and appearance of the Old-Town district. 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 conditious 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; It is simply impossible to provide twelve (12) off-street parking stalls on this site, due to the dimensions of the subject parcel. The City has adopted goals, D. objectives, and policies that support mixed uses within the Old Town district. If off-street parking be strictly required for all properties in Old Town, staff believes that a majority of the properties would be restricted to a residential-only use and would not redevelop. Staff generally supports the redevelopment of the smaller, older lots in the original Meridian Township, as these conversions allow for a more vibrant downtown area. Staff finds that strict compliance with the City's parking requirements on this site would result in an extraordinary hardship to the developer due to the circumstances surrounding this property mentioned in the previous rIDding. Further, staff finds that enforcing the conditions and requirements of the off-street parking ordinance will inhibit the objectives of allowing Old Town to be a mixed use area. 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 property is situated; Staff anticipates that the variance will not be detrimental to the public's welfare or injurious to other properties in the area. Further, the Council has granted parking variances to properties with similar situations within Old Town, and staff is unaware of any harmful impacts from these parking variances. Staff recommends that the Council reference any written or oral testimony provided at the public hearing, as well as staff's analysis, when determining whether or not the surrounding properties may be negatively affected by granting a variance. 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 reducing parking standards to allow the redevelopment of a small piece of property in Old Town will not have the effect of altering the purpose and/or interest of the Zoning Ordinance or the Comprehensive Plan.