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