HomeMy WebLinkAboutElixir Sub. VAR 02-003BEFORE THE MERIDIAN CITY COUNCIL
C/C 05-07-02
IN THE MATTER OF THE )
APPLICATION OF PAUL B. )
CLAYTON, FOR A VARIANCE FOR )
ELIXIR SUBDIVISION FROM 12-5- )
2K MERIDIAN CITY CODE, FOR )
REQUIREMENT FOR A SIDEWALK )
ON EAGLE ROAD, LOCATED AT )
521 N. EAGLE ROAD, MERIDIAN, )
IDAHO )
)
VAR-02-003
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF DECISION
GRANTING A VARIANCE
The above entitled matter coming on regularly for public hearing before the City Council
on May 7, 2002, and Shad Stiles, Planning and Zoning Administrator, and Paul Clayton,
appeared and testified, and the City Council having received the transmittal to agencies and
having received the variance application, having heard the testimony presented, being fully
advised in the premises does hereby make the following Findings of Fact and Conclusions of
Law and Order of Decision, as follows to-wit:
FINDINGS OF FACT
1. The City Council takes judicial notice of its Zoning, Subdivisions and Development
Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps
thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance
#629 B January 4, 1994 and Maps.
2. The requirements of Idaho Code § 67-6509, 6516 and Meridian City Code § § 11-15-5
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 7
ORDER OF DECISION GRANTING A VARIANCE /
VAR-02-003 / ELIXIR SUBDIVISION
and 12-11-3 as evidenced in the record of this matter.
3. The Applicant Paul B. Clayton, whose address is 501 N. Eagle Road, Meridian,
Idaho.
4. The owner of the property is Elixir Industries, 17925 South Broadway, Gardena,
California 90248.
5. The property located at 521 N. Eagle Road, Meridian, Idaho is an I-L/L-O zones.
6. The legal description of the property appertains to the real property that
is included within the Vicinity Map, and is attached hereto as Exhibit "A" and consisting of two
pages, and as the legal description appears in the record of proceeds of this matter, and which is on
file with the Meridian City Clerk's office.
7. The present land use of subject property is presently zoned as I-L/L-O, and which
subject property is presently industrial.
8. The proposed land use of subject property is to develop the subject property in the
following manner: Industrial.
9. That a vicinity map, attached hereto as Exhibit "A" and consisting of two
pages, of the proposed scale approved by the City Council showing property lines, existing streets,
proposed district and such other items as required have been furnished.
10. The Applicant seeks a variance for the requirement for a sidewalk on Eagle Road of
the following provision of the Meridian City Code, § 12-5-2K - Sidewalks And Pedestrian
Walkways, which provides as follows:
12-5-2K: Sidewalks And Pedestrian Walkways: Five foot (5') sidewalks shall be
required on both sides of the street, except where the average width of lots,
as measured at the street frontage line or at the building setback line, is over
one hundred feet (100'), sidewalks on only one side of the street may be
Page 2 of 7
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE /
VAR-02-003 / ELIXIR SUBDIVISION
allowed. Pedestrian walkways, when required, shall have easements at least
ten feet (10') in width and include a paved walk at least five feet (5') in
width. Sidewalks and crosswalks shall be constructed in accordance with the
standards and specifications as adopted by the Council.
11. All property owners within three hundred feet (300') of the extemal
boundaries have been notified by mail, and their mailing 'addresses may be obtained from the list on
file with the Planning and Zoning Department.
12. 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; it
is found that the steep embankment of the property adjacent to Eagle Road is a special
circumstance/condition that would make requiring a sidewalk on Eagle Road impracticable and
unreasonable.
13. 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;
it is found that strict compliance with the requirements of the Meridian City Code 12-5-2K
(sidewalks) would result in extraordinary hardship to the Applicant due to the unusual topography
of the site. Additionally, the sidewalk will not connect with any other sidewalk.
14. 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; it is found that the
requested variance will not be particularly detrimental to the public's welfare or injurious to other
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 7
ORDER OF DECISION GRANTING A VARIANCE /
VAR-02-003 / ELIXIR SUBDIVISION
properties in the area.
15. That such variance will~ not have the effect of altering the interest and purpose of this
Title and the Meridian Comprehensive Plan; it is found that the issuance of a variance will not have
the effect of altering the purpose and interest of the "sidewalk" requirement of the City Code.
The applicant paid the fee established by the City Council for application for a
16.
variance.
CONCLUSIONS OF LAW
1. The City of Meridian has authority pursuant to the enactment of the Local Land Use
Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho
Code § 67-6516 to provide as part of its zoning ordinance for the process of applications for
variance permits.
2. The City of Meridian has exercised its authority of Idaho Code § 67-6516 by the
enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian
City Code § 11-18.
3. That the requirements for the processing of a variance request are set forth in Idaho
Code § 67-6509, 6516 and Meridian City Code §§ 11-15-5 and 11-17-5.
4. Application and standards for variances are set forth in Meridian City Code § 11-18-
2, and the findings which are required are set forth in Meridian City Code § 11-18-3, include
required findings that there are special circumstances or conditions affecting the property that strict
application of the provisions of Zoning and Development Ordinance would clearly be impracticable
and unreasonable, and a finding that strict compliance with the requirements of the Zoning and
Development Ordinance would result in extraordinary hardship to the owner, subdivider or
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 7
ORDER OF DECISION GRANTING A VARIANCE /
VAR-02-003 / ELIXIR SUBDIVISION
developer because unusual topography, the nature or condition of adjacent development, or other
physical conditions or other conditions that make strict compliance with the ordinance unreasonable
under the circumstances, or that the conditions and requirements of said ordinance will result in
inhibiting the achievements or the objectives of the ordinance, and that the granting of a 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 that such variance will not have the effect of altering the interest
and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan.
5. Meridian City Code, § 12-5-2K- Sidewalks And Pedestrian Walkways, in the I-L/L-
O zone if granted the variance for the requirement for a sidewalk on Eagle Road, provides as
follows:
12-$-2K:
Sidewalks And Pedestrian Walkways: Five foot (5') sidewalks shall be
required on both sides of the street, except where the average width of lots,
as measured at the street frontage line or at the building setback line, is over
one hundred feet (100'), sidewalks on only one side of the street may be
allowed. Pedestrian walkways, when required, shall have easements at least
ten feet (10') in width and include a paved walk at least five feet (5') in
width. Sidewalks and crosswalks shall be constructed in accordance with the
standards and specifications as adopted by the Council.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF
FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order:
1. That the Applicant is hereby granted a variance for the requirement for a sidewalk on
Eagle Road from the Meridian City Code, § 12-5-2K Sidewalks And Pedestrian Walk-ways, in the
I-L/L-O zone for Elixir Subdivision based on topography of the site.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE /
VAR-02-003 ELIXIR SUBDIVISION
Page 5 of 7
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 thc issuance or denial of a variance authorizing a
variance of the Sidewalks And Pedestrian Walkways, requirements in the I-L/L-O Zones as
provided in the Section 12-5-2K, and 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
ROLL CALL:
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
COUNCILMAN WM. L.M. NARY
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED:
day of
VOTED
VOTED
VOTED
VOTED
VOTED
MOTION:
APPROVED: · _ DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE /
VAR-02-003 / ELIXIR SUBDIVISION
Page 6 of 7
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department,
and the City Attorney office.
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By:
City Clerk
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE /
VAR-02-003 / ELIXIR SUBDIVISION
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