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Order Granting Appeal Oct 2001WM. P. GtORAY, 1II WHITE PETERSON WHITE, PETER$ON, MORROW, GIGRAY, RO$SMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW C~elRISTOPHER S. NYE 200 EAST CARLTON AVENUE, SUITE 31 PHILIP A. pE~mSON POST OFFICE BOX 1150 ERIC' S. ROgSMAN MERIDIAN, IDAHO 83680-1150 TODD A. ROSS~XAN TEL (208) 288-2499 TZaRENCE R. WHrr~** PAX (208) 288,2501 October 24, 2001 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466-9Z72 FAX (205) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE William G. Berg, Jr. Meridian City Hall 33 East Idaho Meridian, Idaho 83642 RECEIVED OCT 5 2001 Ci. ty Of Meridian C~ty Clerk Office Re: WALT MORROW APPEAL - (AP-01-00) Dear Will: Regarding the above referenced matter, please find enclosed the revised original of the ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION, for the City Council meeting of November 7, 2001. If approved, please serve a certified copy of the ORDER upon the Applicant, Planning and Zoning, Public Works Department, and the City Attorney. I have also enclosed a copy of Joe Silvia's fire protection conditions. Additionally, I have sent copies of the Order and Mr. Silva's fire protection conditions to Walt Morrow. If you have any questions please advise. Wm. F. Nichols Enclosure Z:\Work\M~VIeridian~Vleridian ] 5360MWiorrow Walt APOI-00 Stop Work Order\ClerkOrderAppeal024OlMemol.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 9/O4/O I C/C 9/18/O 1 C/C 10/02/01 IN THE MATTER OF THE APPEAL OF THE PLANNING AND ZONING ADMINISTi~TOR'S DENIAL OF APPLICATION FOR A STOP WORK ORDER FOR 2340 WEST FRANKLIN BY: WALT MORROW CASE NO. AP-01-00 ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION This matter coming before the City Council on August 2 l, 2001, and tabled until September 4, 2001, September 18, 2001 and October 2, 2001, at the hour of 6:30 o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, upon the appeal of Walt Morrow, and the Council having received the Appeal Application Form, and the record in this matter, and having heard the arguments and presentation of Shari Stiles, Planning and Zoning Administrator and Daunt Whitman, City Building Official, and the Applicant, Walt Morrow, and being fully advised in the premises issues the following Findings of Fact and Conclusions of Law and Decision and Order: FINDINGS OF FACT Walt Morrow submitted for approval, to the Building Department, two sets of plans and specifications for an accessory building to an existing land use at 2340 W. Franldin Road within an I-L zone, and Daunt ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION -- 1 Whitman of the Building Department apProved the plans and specifications as a residential accessory building. The Planning and Zoning Administrator's office placed a stop ~vork order upon the accessory building to an existing land use located at 2340 W. Franldin Road upon the basis the Administrator determined that this building permit request did not meet the criteria for an accessory building, and, issued concerns in an e-mail on October 4, 2000, on the project to Daunt Whitman, in which the Administrator listed problems in the permit request for an accessory building to an existing land use, and which items are addressed in the February 2, 2001 letter to Mr. Walt Morrow from Gary Smith, Public Works Director, which included his opinion that the building needed to be processed as a request for a Conditional Use Permit, with the following additional concerns: Annexation requirements for the property have not been met, including malting provisions for how the property will be served with sewer and water and design review of all buildings. The submitted building plans show expansion of a non- conforming use regarding landscaping, paving, land use, etc. Needed right-of-way dedication (sale) to ACHD for future widening of Franldin Road will place this building location within the setback area as set forth by City Ordinance. Water supply is not available to meet Uniform Fire Code requirements. ACHD impact fees need to be paid. Joseph Silva, Deputy Fire Chief, Fire Prevention, incorporates his comments and requires the following conditions to be met: Project Summary: Proposed Use: Storage Building Building size: 8,750 square feet Occupancy classification: S-2 (as determined by the Building Department) Type of Construction: Type III-N Storage: Equipment & Livestock/Maternity Area Public Water Supply Required: 1. The water supply required by Appendix III-A of the 1997 Uniform Fire Code given building size of 8,750 and construction ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION -- 2 type of III-N would be 2,000 GPM for a 2-hour duration at a minimum residual pressure of 20psi. Two fire hydrants are required to deliver this flow and are typically spaced on 450' centers. The dosest fire hydrant is usually 250' from the driveway or point on the street. Options To Reduce This Requirement: 1. This fire flow requirement could be reduced by providing a area separation wall as defined in Appendix III-A Section 4.2 "Portions of buildings which are separated by one or more four- hour area separation walls constructed in accordance with the Building Code, without openings and provided with a 30' inch parapet, are allowed to be considered as separate fire areas. If this separation could be provided and the fire area reduced to 7,900 square feet, one fire hydrant would be required and the maximum spacing would be increased to 500t. 2. Provide an approved "Rural Water Supply" per the National Fire Protection Association Standard 1142. Calculating Minimum Water Supply required is as follows: Classification of Occupancy Hazard Type 5 "Farm storage buildings, such as corn cribs, dairy barns, equipment sheds, and hatcheries". Classification of Construction Type - Type III Construction shall be that type in which exterior walls and structural members are... "limited-combustible materials". Exterior Bearing Walls are required to be 2-hour construction and supporting a roof only. The Classification Number is then 1.0. The formula is then the total building volume in cubic feet divided by the occupancy classification of 5.0. Assumption average building height of 23' with a total building volume of 201,250 would require a rural water supply of 40,250 gallons stored in an approved manner. Other Miscellaneous Requirements: 1. Ensure that the address for this building is prominently posted and visible from, and face towards, E. Franldin. 2. The address numerals shall be at least 6" tall and their color shall contrast distinctly with their background. ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION -- 3 Fire Extinguishers: I. Portable fire extinguishers shall be installed in occupancies and locations as set forth in this code and as required by the Chief. UFC 1002.1 Fire extinguishers shall be of the 2A 10BC size and have the top of the extinguisher hung 3' to 5' off the floor. The fire extinguishers locations shall be by each front door, the travel distance shall not exceed 75' to a fire extinguisher. General Requirements: 1. Storage shalI not exceed 12' in height. UFC Section 209 2. Ceiling clearance shall be maintained at no less than 2' in unsprinlded buildings. UFC 1103.3.2.2. Additionally, any over looked hazardous condition and/or violation of the Uniform Building and Fire Code does not imply approval of such condition or violation. If at some point the building, which is located within an I-L zone, is to be used commercially, then at that point a permit for tenant improvements shall be obtained and the process of a certificate of zoning compliance and the entire process for commercial application review shall be followed, including all fire codes for commercial zones shall be met. Walt Morrow timely filed an appeal of the Administrator's determination and decision for hearing before the City Council. 6. The accessory building would occupy an existing land use. CONCLUSIONS OF LAW The City ordinances provide at Meridian City Code Section 11-3-4 for an appeal, hearing and review by the City Council of'an order, requirement, decision, interpretation or determination by the Planning and Zoning Administrator. DECISION AND ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF A STOP WORK ORDER AT 2340 W. FRANKLIN ROAD OF WALT MORROW ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION -- 4 Based upon the above and foregoing Findings of Fact and Conclusions of Law IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: The decision of the Planning and Zoning Administrator on the stop work order for the accessory building by Walt Morrow is hereby overruled, and the Applicant, Walt Morrow, is hereby allowed to continue the building construction at the accessory building located next to his residence located at 2340 West Franldin Road, Meridian, Idaho, if the conditions 2, 3 and 4, below, are met. The building shall only be used for storage and a loafing area for cattle. Any expansion of use of this building will require a conditional use permit. 3. The following fire protection conditions must be met: Project Summa _ry: Proposed Use: Storage Building Building size: 8,750 square feet Occupancy classification: S-2 (as determined by the Building Department) Type of Construction: Type III-N Storage: Equipment & Livestock/Maternity Area A. Public Water Supply Required: 1. The water supply required by Appendix III-A of the 1997 Uniform Fire Code given building size of 8,750 and construction type of III-N would be 2,000 GPM for a 2-hour duration at a minimum residual pressure of 20psi. Two fire hydrants are required to deliver this flow and are typically spaced on 450' centers. The closest fire hydrant is usually 250' from the driveway or point on the street. 2. Options To Reduce This Requirement: A. This fire flow requirement could be reduced by providing a area separation wall as defined in Appendix III-A Section 4.2 "Portions of buildings which are separated by one or more four- hour area separation walls constructed in accordance with the Building Code, without openings and provided with a 30' inch parapet, are allowed to be considered as separate fire areas. If this separation could be provided and the fire area reduced to 7,900 ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION -- 5 square feet, one fire hydrant would be required and the maximum spacing would be increased to 500'. Provide an approved "Rural Water Supply" per the National Fire Protection Association Standard 1142. Calculating Minimum Water Supply required is as follows: Classification of Occupancy Hazard Type 5 "Farm storage buildings, such as corn cribs, dairy barns, equipment sheds, and hatcheries'. Classification of Construction Type - Type III Construction shall be that type in which exterior walls and structural members are... "limited-combustible materials". Exterior Bearing Walls are required to be 2-hour construction and supporting a roof only. The Classification Number is then 1.0. The formula is then the total building volume in cubic feet divided by the occupancy classification of 5.0. Assumption average building height of 23' with a total building volume of 201,250 would require a rural water supply of 40,250 gallons stored in an approved manner. Bo Other Miscellaneous Requirements: 1. Ensure that the address for this building is prominently posted and visible from, and face towards, E. Franldin. 2. The address numerals shall be at least 6" tall and their color shall contrast distinctly with their background. C. Fire Extinguishers: 1. Portable fire extinguishers shall be installed in occupancies and locations as set forth in this code and as required by the Chief. UFC 1002.1 Fire extinguishers shall be of the 2A 10BC size and have the top of the extinguisher hung 3' to 5' off the floor. The fire extinguishers locations shall be by each front door, the travel distance shall not exceed 75' to a fire extinguisher. D. General Requirements: 1. Storage shall not exceed 12' in height. UFC Section 209 2. Ceiling clearance shall be maintained at no less than 2' in unsprinlded buildings. UFC 1103.3.2.2. ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION -- 6 Additionally, any over looked hazardous condition and/or violation of the Uniform Building and Fire Code does not imply approval of such condition or violation. If at some point the building, which is located within an I-L zone, is to be used commercially, then at that point a permit for tenant improvements shall be obtained and the process of a certificate of zoning compliance and the entire process for commercial application review shall be followed, including all fire codes for commercial zones be met. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the 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 denial of the appeal 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. By action of the City Council at its regular meeting held on the day of ,2001. ROLL CALL: Councilman Anderson Voted Councilman Bird Voted Councilwoman deWeerd Voted CoUncilwoman McCandless Voted Mayor Robert D. Corrie (Tie Breaker) DATED: Voted ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION -- 7 MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. BY: DATED: CITY CLERK Z:\¥VorkVvlUMeridian\Meridian 15360MUMorrow Walt APO 1-00 Stop Work OrderV~ppeal Order.doc ORDER GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION -- 8