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HomeMy WebLinkAboutDBSI Industrial VAR-00-024BEFORE THE MERIDIAN CITY COUNCIL C/C 12-05-00 IN THE MATTER OF THE ) APPLICATION OF DBSI ) INDUSTRIAL, FOR A VARIANCE ) TO PLACE A 23-FOOT 3-INCH ) BY 10-FOOT INTERNALLY ) ILLUMINATED ELECTRIC ) PYLON SIGN IN AN ) UNDEVELOPED PART OF THE ) INDUSTRIAL TECHNICAL PARK ) FOR DBSI INDUSTRIAL, ) LOCATED AT 920 W. ) OVERLAND ROAD, MERIDIAN, ) IDAHO ) VAR-O0-024 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 December 5, 2000, Shaft Stiles, Planning and ZoningAdministrator, appeared and testified, and no one appeared in opposition, 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 AND CONCLUSIONS OF LAW AND -- Page 1 of 10 ORDER OF DECISION GRANTING A VARIANCE / VAR-00-024 DBSI INDUSTRIAL FINDINGS OF FACT 1. The City Council talces 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 - January 4, 1994 and Maps. 2. The requirements of Idaho Code §§ 67-6509, 6516 and Meridian City Code §§ 11-15-5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Lytle Signs, Inc., whose address is PO Box 305, Twin Falls, Idaho 83303. 4. The owner of the property is DBSI Industrial, whose address is 1070 Curtis Suite #270, Boise, Idaho 83706. 5. The location of the subject property is presently located in the Light Industrial District (I-L) zone, and which subject property is located at 920 W. Overland Road, Meridian, Idaho 83642. 6. The legal description of the property is described as follows: A parcel of land situated in the Southeast quarter of the Southwest quarter of Section 13, Township 3 N, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Beginning at a 5/8" pin marking the South quarter comer of said Section 13 and the POINT OF BEGINNING; thence North 00°11'52" (formerly shown as North 00°00'00'') East 547.89 feet along FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 10 ORDER OF DECISION GRANTING A VARIANCE / VAR-00-024 DBSI INDUSTRIAL the East line of said Southwest quarter of Section 13; thence leaving said East line North 90000'00" West 578.50 feet; thence South 00°06'51" West 542.3 ! feet to the South line of said Southwest quarter of Section 13, said line also being the centefline of Overland Road; thence South 89°26'27'' East 577.68 feet along said South line to the POINT OF BEGINNING; EXCEPT that portion situated in the Overland Road fight-of-way. 7. The present land use of subject property is presently zoned Light Industrial (I-L), and which subject property is partially developed and partially undeveloped. 8. The proposed land use of subject property is to develop an industrial/technical park. 9. That a vicinity map, attached hereto as Exhibit "A", consisting of one page, of the proposed scale approved by the City Council showing property lines, existing streets,i proposed district and such other items as required have been furnished. !0. The Applicant seeks a variance of the following provision of the Meridian City Code, § 11-14-3 F., PROHIBITED SIGNS, OFF-PREMISES SIGNS, and in the I-L zone it provides as follows: 11-14-3 F.: PROHIBITED SIGNS: A. The tacking, pasting, or otherwise affming of signs of a miscellaneous FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 10 ORDER OF DECISION GRANTING A VARIANCE / VAR-00-024 DBSI INDUSTRIAL character and visible from a public way and located on the walls of buildings, barns, sheds or on trees, poles, posts, fences, or other structure; B. On-premises business signs that advertise an activity, business, product, or service and which are no longer conducted or available on the premises on which the sign is located; C. Signs placed on any curb, sidewalk, post, pole, hydrant, bridge, or tree except official public notices as posted by a public officer; D. Signs which are placed in any public right of way except publicly-owned signs, traffic-control signals, directional signs, and signs which direct and guide traffic and parking on private property but bear no advertising matter; E. Signs which restrict vision within any public right of way; F. Off-premises signs; and G. Flashing lights or strobe lights of any color. 11. All property owners within three hundred feet (300') of the external 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. The characteristics of the subject property which prevent compliance with the requirements of the ordinance there are none that apply. 13. The minimum requirements of the ordinance that need to be redUced to permit the proposed use would be the elimination of the requirement for being off- premises. ; 14. The difficulty or hardship which would result if the requirements of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 10 ORDER OF DECISION GRANTING A VARIANCE / VAR-00-024 DBSI INDUSTRIAL ordinance were applied to the subject property: there are none. 15. The unusual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied with, and the. special conditions and circumstances that exist, are that the entire park is not yet developed. However, a few businesses will be opening in the near future and have requested freeway exposure for their business. Other developments have acquired similar permits to expose their businesses to the public by utilizing off-premise freeway signs. 16. A literal interpretation of the provisions of the ordinance would deprive the Applicant fights because the provisions of the Ordinance if applied, the proposed location of this Sign is in a section of the industrial/technical park that DBSI has just started to develop, and the parcel of land that this sign will occupy is currently vacant and undeveloped. 17. The existence of special circumstances or conditions affecting the property is that. the circumstances of the property are that the freeway side of this property was divided so that this particular section of land did not have to be developed until construction was started, and so that the new tenants could utilize freeway exposure. 18. Granting the variance would maintain rights which would be afforded to others in the same situation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 10 ORDER OF DECISION GRANTING A VARIANCE / VAR-00-024 DBSI INDUSTRIAL 19. The Comprehensive Plan for the I-L District is to provide for light industrial development and opportunities for employment for Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are dean, quiet and free of hazardoUs or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for indUstrial development because of location, topography, existing facilities and relationship to other land uses. 20. The variance would allow the applicant to maximize the most efficient use of the land and maximizing the landscaping with the usage. 21. The granting of the requested variance will not be detrimental to the public's welfare or injurious to other property in the area of the proposed plat, and, in fact, the development of the plat in accordance with the conditions of approval and the requirements of the Subdivision Ordinance will prevent the conditions which are the source of the cOmplaints raised in the public hearing of this matter. 22. The granting of this variance will not have an effect of altering the interest and purpose of the Subdivision or Development Ordinance and/or the City's Comprehensive Plan for the reasons stated above. 23. The applicant paid the fee established by the City Council for application FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 10 ORDER OF DECISION GRANTING A VARIANCE / VAR-00-024 DBSI INDUSTRIAL variance. 24. The proposed sign meets the requirements of the pending Sign Ordinance, which is scheduled for presentation to the City Council. 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 dearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 10 ORDER OF DECISION GRANTING A VARIANCE / VAR-00-024 DBSI INDUSTRIAL in extraordinary hardship to the owner, subdivider or 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, § 11-14-3 F., PROHIBITED SIGNS, OFF- PREMISES SIGNS, and in the IiL zone if granted the re-zone, provides as follows: 11-14-3F.: PROHIBITED SIGNS: A. The tacking, pasting, or otherwise affzxing of signs of a miscellaneous character and visible from a public way and located on the walls of buildings, barns, sheds or on trees, poles, posts, fences, or other structure; B. On-premises business signs that advertise an activity, business, product, or service and which are no longer conducted or available on the premises on which the sign is located; C. Si, gns placed on any curb, sidewalk, post, pole, hydrant, bridge, or tree except official public notices as posted by a public officer; D. Signs which are placed in any public right of way except publicly-owned signs, traffic-control signals, directional signs, and signs which direct and guide traffic and parking on private property but bear no advertising matter; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 10 ORDER OF DECISION GRANTING A VARIANCE / VAR-00-024 DBSI INDUSTRIAL E. Signs which restrict vision within any public right of way; F. Off-premises signs; and G. Flashing lights or strobe lights of any color. 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 from the Sign Ordinance to place a 23-foot 3-inch by 10-foot internally illuminated electric pylon sign in an undeveloped part of the industrial/technical park for DBSI Industrial, as detailed in the site plan submitted with the variance application. 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 issuance or denial of a variance authorizing a variance of the Sign Requirements in the I-L Zone as provided in the' Section 11-14-3 F. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 9 of 10 ORDER OF DECISION GRANTING A VARIANCE / VAR-00-024 DBSI INDUSTRIAL By action of the City Council at its regular meeting held on the ROLL CALL: COUNCILMAN RON ANDERSON VOTED COUNCILMAN KEITH BIRD VOTED COUNCILWOMAN TAMMY deWEERD VOTED COUNCILWOMAN CHERIE McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: /2 ~' q~'O0 VOTED MOTION: APPROVED:~-~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Department, and the City Attorney omce. ~Z:XWork~di~di~ 15360~BSI ~d~ffial VAR021~ls~tVm~ce ~- ~ '*,,~u~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 10 of 10 ORDER OF DECISION GRANTING A VARIANCE / VAR-00-024 DBSI INDUSTRIAL LLI~ 0