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Home My WebLink AboutStaff Comments MAYOR Tammy de Ween! CITY HALL (208) 888-4433 - Fax 887-4813 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charles M. Ronnt,ee PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211- Fax 898-9551 LEGAL DEPARTMENT (208) 888-4433 - FAX 887-4813 MEMORANDUM: Transmittal Date: May 13, 2005 City Council Heari!iS,.Date: MËI9V2OO5 M d C. C .1 li-E C .J ED ayar an lty ounc! ,r d Josh Wilson, Associate City Planneé?'"~ MAY 1 3 2005 Boondocks Fun Center Variance C~ty Of Meridian CIty Clerk Office To: From: Re: . Request for a Height Variance trom the maximum height of 40 feet to 58 feet for a recreational attraction for Boondocks fun Center, by Boondocks Fun Center- Meridian, LLC. (File No. VAR-O5-008). Planning and Zoning staff have reviewed the applicant's submittal. and we offer the following comments and recommendations: APPLICATION SUMMARY The applicant, Boondocks Fun Center- Meridian, LLC, has requested a variance trom Meridian City Code (MCC) 11-9-1 (Zoning Schedule of Bulk and Coverage Controls) for a recreational attraction to exceed the forty foot (40') maximum structure height allowed in the C-G zone. The applicant is proposing a recreational attraction manufactured by S&S Power Inc., which is fifty-eight feet and five inches (55' 8") in height. This variance would only apply to the structure under consideration and would not apply to future structures constructed on this site. The applicant is requesting relieftrom the following ordinances: . MCC 11-9-1 Zoning Schedule of Bulk and Coverage Controls LOCATION & SURROUNDING USES The subject property is located at 1358 S. Blue Marlin, on the southwest comer of Main Street and Broadway Avenue, in downtown Meridian. The following uses surround the subject property: North - 1-84 and vacant land zoned RUT. South - Vacant land, zoned C-G. East - Roaring Springs Water Park, zoned C-G. West - Heavy equipment sales, zoned C-2 (Ada County). VAR-05-008 Boondocks.VAR.doc CURRENT OWNERS OF RECORD The owner of record is Desert West Properties, LLC, who has given consent for the applicant to submit the requested application. REOUIRED FINDINGS According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a variance trom the tenns of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings (MCCII-18-3), all of which must be detennined 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; Boondocks Fun Center is located in an intensely commercial area which is home to another family entertainment center directly adjacent to the property, Roaring Springs, which has amusement structures which appear to be near, or exceed, the height limits for the district. Family entertainment centers are unique uses that do not fall under conventional definitions contained in Meridian City Code and contain uses and features not found in traditional commercial developments. Granting the variance would not seem to set an undesirable precedent if the City Council considers QnIy family entertainment center uses, especially since Meridian is not likely to ever have more than two or three such centers within its city limits. 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 conditions 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; The proposed structure requires high poles for its functionality as an amusement ride and is a unique use that was most likely not considered when the height restrictions for the C-G zone were adopted. The zoning code does recognize that certain architectural features, such as belfiies, spires, pole antennas, power poles, chimneys, etc., are exempt trom the height regulations. The proposed use is similar in bulk and appearance to those structures. Therefore, due to the uniqueness of the use and the fact the code exempts similar structures, granting the Variance would not be granting any special privileges denied to similar uses in the same district. The reason for the requested Variance is not for convenience; it is simply the nature of the structure. Staff finds that requiring the applicant to comply with MCC 11-9-1 would certainly diminish the overall recreational experience of the user, but we do not fmd that an extraordinary hardship would result. The Comprehensive Plan encourages enhancing recreational opportunities (Chapter VI - 3 - Recreation). Goal III, Chapter VI of the Comprehensive Plan is to "Provide a broad range of parks, programs, and recreational VAR.05-008 Boondocks.V AR.doc 2 facilities that meet a variety of needs and uses and that are located geographically throughout Meridian and available to everyone." Staff fmds that strict compliance to the MCC 11-9-1 would inhibit the broader objectives of the Comprehensive Plan. 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. The reason for the requested Variance is not for convenience; it is simply the nature of the structure associated with a unique use. 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. D. 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 to the height ordinance will have the effect of enhancing the recreational experience of Meridian citizens - not altering the purpose and interest of the Zoning Ordinance. The Comprehensive Plan states that the City should "Develop indoor/outdoor multiple use facilities (i.e. recreation center, fairgrounds, etc.) for a variety of recreational, educational, cultural, and sports purposes and uses. The family entertainment center use warrants special consideration in light of these goals of the Comprehensive Plan. STAFF RECOMMENDATION Staff is recommending approval of the height variance for the following reasons: . 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; . That strict compliance with the requirements ofMCC would result in extraordinary hardship to the developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements ofMCC will result in inhibiting the achievements or the objectives of MCC and the Comprehensive Plan; . Granting 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; and . The subject variance will not have the effect of altering the interest and purpose ofMCC and the Meridian Comprehensive Plan. VAR-05-008 Boondocks.V ARdoc