HomeMy WebLinkAboutLocust Grove Ltd VAR 02-006 MAYOR
Robert D. Corrie
CITY COUNCIL MEMBERS
William L. M. Nary
Keith Bird
Tammy deWeerd
· Cherie McCandless
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 · Fax (208) 887-4813
City Clerk Office Fax (208) 888-4218
LEGAL DEPARTMENT
(208) 288-2499 · Fax 288-2501
PUBLIC WORKS
(208) 898-5500 · Fax 887-1297
BUILDING DEPARTMENT
(208) 887-2211 · Fax 887-1297
PLANNING AND ZONING
(208) 884~5533 · Fax 888-6854
TRANSMITTALS TO AGENCIES ~FoR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian City
Council please submit your comments and recommendations to Meridian City Hall
Attn: Will Berg, City Clerk, by: May 30, 2002
Transmittal Date: May 14, 2002 Hearing Date:
File No.: VAR 02-006
Request: Request for Variance for off premise sign
June 4,2002
By: Locust Grove Ltd., LLC
Location of Property or Project: southeast corner of E. Fairview Ave. & N; Locust Grove Rd
David Zaremba, PIZ ~., VA., VAC, FI:))
Jerry Centers, P/Z ~No vA., VA~ R9
Leslie Mathes, P/Z ~o VA., VAS
Keven Shreeve, P/Z ~vo VA~ VA<;
Keith Borup, P/Z (No VA.. VAC.
Robert Corrie, Mayor
Bill Nary, C/C
Tammy deWeerd, C/C
Keith Bird, C/C
Cherie McCandless, C/C
Water Department
Sewer Department
Sanitary Service ~o v~ v,~c~ F~
Building Department
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Your Concise Remarks:
Meridian School District
Meridian Post Office
Ada County Highway District
Community Planning Assoc.
Central District Health
Nampa Meridian Irrig. District
Settlers Irrigation District
Idaho Power Co. m~,/,:,,:,o,,~
U.S. West (FP/PPonly)
Intermountai n Gas (FP/PP only)
Bureau of Reclamation ~P/P,,o.~
Idaho Transportation Department
Ad~ County t~z
CITY OF MERIDIAN
Planning & Zoning Department
660 E. Watertower Ln., Ste. 202, Meridian, ID 83642
(208) 884-5533 Phone / (208) 888-6854 Fax
FILE
VA~-OZ,. c~
VARIANCE APPLICATION
(RE: Meridian Zoning Ordinance - 11-18, Meridian Subdivision Ordinance - 12-11)
E-MAIL:
ENGINEER, SURVEYOR, PLANNER:
ADDRESS, GENERAL LOCATION OF SITE:
PRESENT ZONE CLASSIFICATION: L6
PRESENT USE OF SUBJECT PROPERTY:
~sc~o~ o~ ~o~os~~ ve~.?~v'~'~:~~
Signature of Applicant: ~'
RECEIVED
MAY 1 3 2002
CITY OF MERIDIAN
CITY CLERK OFFIC, F
ADA COUNfY RECORDER
.). DAVID NAVARt~.O
2t:102 AP I i PM 12: N 5
~ECORDED- i;~EQUES'F OF
(.r r~, ¢
1020N251 I
GRANT OF EASEMENT
FOR VALUE RECEIVED, the Schrandt Family LTD Partnership, an
Idaho Partnership, Schrandt Investment Co., general partner, Richard J.
Schrandt, President, GRANTOR(S) hereby grants, bargains, sells, conveys, and
transfers unto Locust Grove LTD, LLC. an Idaho Limited Liability Company,
GRANTEE, its successors and assigns, a permanent easement and right-of-way
for the purpose of locating, establishing, constructing, maintaining, repairing,
and operating an underground electrical supply line and monument sign. Said
illuminated sign shall not exceed thirty (30) square feet in size. Grantee shall be
allowed the right of ingress and egress in, from, to and over said easement for
the purpose of inspecting, maintaining, and repairing said line.
The perpetual easement and right-of-way hereby given, granted,
conveyed and transferred for the installation, repair, and maintenance of the
underground electrical line and monument sign is described in general language
as follows: (See Exhibit "A" attached hereto.)
GRANTOR(S) further give, grant, and convey a temporary easement for the
purpose of constructing and installing said electoral supply line/monument sign
described in Exhibit "A."
TO HAVE AND TO HOLD the said perpetual easement, rights, and rights-
of-way to Locust Grove LTD., LLC, its successors and assigns forever, except
the GRANTOR(S) reserve the right to occupy and use the surface of said
easement for all purposes not inconsistent with the rights herein granted,
Further, the GRANTEE agrees and covenants with the GRANTOR(S) to restore
the subsurface and surface of the easements and rights-of-way herein granted
and conveyed, to a like condition existing prior to the grant of this easement and
right-of-way and to indemnify and save and hold harmless GRANTOR(S) from
any and all losses, claims, actions or judgments for damages or injuries to
persons or property arising out of or from, or caused by, the construction,
operation, maintenance and use of the aforesaid easements and rights-or-way.
Page 1 of 2
$ 89°58'56~E
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DESCRIPTION SKETCH
BILL GEYER
FAIRVIEW AN]] LOCUST GROVE
MTC
~lse, Idaho 8,3702
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4-25-02
VARIANCE APPLICATION OUI=STION AND RESPONSE STATEMENT
1. See completed and signed application form.
2. See attached Warranty Deed
3. See attached Recorded Easement.
4. See attached Legal Description.
The present sign ordinance section 11-14-6 subsection I is the specific
code section which I am not able to use to install the requested sign.
I have been informed by Shari Stiles that my property does not fit into
the "planned sign program" classification.
Apparently our project cannot meet the current classification without an
extensive redesign of the signs for all the businesses in the project.
Under no circumstances will Eddy's Bakery, Hollywood Video, or Winger's
Diner even consider modifying their current signage due to the financial
expense, not to mention the difficulty in gaining an approval from their
respective corporate offices. It should be noted that when this project was
being developed up until the Eddy's building was completed the present
sign ordinance did not exist, hence there were no guidelines available to
follow or frame-work to work within.
We need to be able to obtain permission to allow our relatively small, but
professionally designed sign to be installed one lot away from the actual
site that will be developed.
After continuously marketing the property for development within the CG
use category we have found that all prospective commercial business
owners are mandating the availability of sign exposure on Fairview Ave.
The present ordinance does not make exception for any properties that
were developed with the "commercial center" concept in mind that did not
have the benefit of the guidelines of the current ordinance. If a variance
cannot be obtained it is possible this property would have to be
developed with a much less desirable user, if it can be developed at all.
Page 2
There exists with this variance application the fact that we would not be in
the position of having to submit a variance application had the City of
Meridian enacted a more comprehensive sign ordinance than that
provided when this project was originally conceived. See attached
preexisting ordinance. Also, the City of Meridian has allowed a much
larger sign to be constructed across the street, which is indeed peculiar,
and yet has not presented any problems of any kind since its installation.
See Photo #1.
10.
Clearly, the variance applied for is for a parcel that unfortunately can only
be referred to as a "remaining lot." Lot #3 of this development does not
enjoy anywhere near the visibility and exposure that virtually all of its
adjoining lots do. The exposure to Fairview, the key factor in a
commercial business success, is severely limited. See photos taken from
the intersection and along Fairview. Over the next 3-5 years Lot #3 will be
almost totally blocked from view due the growth of the trees which were
required to be planted by the Meridian planning department for the
development of D&B, Wingers, and Hollywood Video. The plantings for
all these projects will be very attractive over time, however they do impair
a persons line of sight, especially from a moving automobile. The
orientation of the buildings in this project, namely Winger's and Hollywood
Video is unlike anything else that I have been able to find along Fairview,
from Eagle Rd. west along Cherry Ln. to Linder Rd. This building
orientation issue was addressed when these lots were originally offered.
These users mandated being as close to Fairview as possible so that
they "could be seen." This being the case, we have been left with a
difficult set of circumstances which have produced a truly special set of
conditions.
11.
Literally interpreted and defined, OFF-PREMISE SIGN: A sign which is
not related to the property upon which it is located or to the activity being
conducted thereon. Clearly, we are asking for a sign to be located on a
lot we don't own, marketing a future business that has nothing to do with
D&B Supply, Inc. However, one only need look across the street to see
a good size sign which is located on the Key Bank lot, which advertises
several different business, which have nothing to do with Key Bank. This
is a clear example of something that exists which has worked out well for
all concerned.
Page 3
12.
13.
14.
15.
We had absolutely no control over the orientation of the buildings and
landscaping requirements of the City of Meridian causing the blocked
view situation.
If we are granted the variance, this will not confer upon ourselves any
special privilege that is denied by the Ordinance to other lands, structures
or buildings in the same district. Every property owner has the right to
make application to the City of Meridian for a variance, which is not a
special privilege.
A granting of this variance would neither profit or provide convenience
to the applicant. It would simply provide the applicant a chance to develop
what the market has proven to be an undevelopable piece of property.
A granting of this variance does not guarantee anything. The lot in
question still has to compete in the marketplace, with no guarantees from
anybody, especially the City of Meridian. It is to this day, a vacant lot,
which is exactly what it will be after the variance is hopefully granted, a
vacant lot.
The following excerpts from the existing Meridian Comprehensive Plan
best serve to describe the relationship between the City's stated goals
and our purpose for the submission of the variance application.
"Throughout the Comprehensive Plan update process, citizens reaffirmed
that the goals and policies contained in the 1993 Centennial Year plan be
~)ased on six key community values:
Manage growth to achieve high-quality development.
Enhance Meridian's quality of life for all residents.
New growth should finance public service expansion.
Prevent school overcrowding/enhance education services.
Expand commercial and industrial development.
Protect Meddian's self-identity.
These important community values have been weaved into the 1993 Centennial
Year Comprehensive Plan update.
Page 4
15.
16.
17.
18.
19.
20.
21.
22.
Additionally, the current Sign Ordinance No. 01-909 states as
follows:
" .... The purpose of the sign ordinance is to identify and
and enhance businesses while maintaing the aesthetic
appearance of the City."
Our sign variance request shall accomplish both these goals.
See attached plan.
Provided by Planning Dept.
N/A
Provided by Planning Dept.
Paid @ application.
See attached affidavit.
To be provided after placement of Notice of Variance posting.
LGSGNVR.4.30.02
,
LOCUST GROVE RDAI)
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2.
3.
4.
5.
CITY OF MERIDIAN
BUILDING DEPARTMENT
Legal De~rlptlon: Lot l[~'~Block
Street Address (City will assign if new construction):
Project Name:
660 Y.,. Watertg. wer Ln., Ste. 200, Meridian. ID 8..$642 -Phon~ 887-2211 / Fax 887-1297
COMMERCIAL SIGN PERMIT APPLICATION
Subdivision p l~% ~nl~
Phone
6. I hereby submit this Commercial Sign Permit Application to construct or install:
New commercial free-standing sign(s).
/~illuminated (must obtain electrical
permiO
[] New commercial wall sign(s).
[] Illuminated (must obtain'electrical permiO
[] Planned sign program. Number of signs
Sign Program application form
[] Temporary/street banner
7. Value of sign $ '2. ~,F'd~ I,~,
Required Plans and Specifications:
· Complete text to appear on sign (business name, logo,
including size & lettering style (font).
· Overall size dimensions (including base)
· Construction materials
· Colors - include color samples or paint chips
· Exact, scaled location of sign on property or building. Include property'
sidewalks, rights of way from cent~.r of~treetn, landscaping, SOreel~in~,
Comments:"'~ ]:ta~a$~ ~_~-'1~--.~-.'1~ ~'~ tLte..~
DECLARATION: I her~by ~a-tify that I hay, completed this application in a tree and~iorr~mnnor. All City of M~idian ordinances will
be complied with whoth~r apodfiod heroin or nor. Tho granting ora permit dl~gt~rj~o{~ to give authoity to violate or cancel any state
. ............................................. ................................ ..........................
Sign Permit Fee: $
Planning & Zoning Approval:
Building Department Approval:
Date:
Date: