HomeMy WebLinkAboutPack It Up VAR 02-004BEFORE THE MERIDIAN CITY COUNCIL
C/C 05-21-02
IN THE MATTER OF THE )
APPLICATION OF PINNACLE )
ENGINEERS, INC., FOR A )
VARIANCE OF SECTION 12-3-6 )
REQUIRING SUBMITTAL OF A )
FINAL PLAT WITHIN ONE YEAR )
TO ALLOW A SECOND TIME )
EXTENSION FOR RECORDING THE )
FINAL PLAT FOR PACK IT UP )
SUBDIVISION (FORMERLY )
OVERLAND MINI STORAGE )
SUBDIVISION), LOCATED WEST OF )
S. LOCUST GROVE ROAD AND )
NORTH OF E. OVERLAND ROAD, )
MERIDIAN, IDAHO )
)
VAR-02-O04
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 21, 2002, and Brad Hawkins-Clark Planner II for the Planning and Zoning Department,
and Clint Boyle, 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1
ORDER OF DECISION GRANTING A VARIANCE /
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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
and §12-11-3 as evidenced in the record of this matter.
3. The Applicant is Pinnacle Engineers, Inc., whose address is 12552 W. Executive
Drive, Suite B, Boise, Idaho 83713.
4. The owners of the property are Overland Storage, L.L.C., whose address is 1322
Torrey Lane, Nampa, Idaho 83686.
5. The location of the subject property is presently located in a C-G (General Retail and
Service Commercial District), and which subject property is located west of S. Locust Grove Road
and north of E. Overland Road, Meridian, Idaho.
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 one
page, 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 the subject property is presently zoned as C-G (General Retail
and Service Commercial District), and which subject property is presently not developed.
8. The proposed land use of the subject property is to develop the subject property into
a storage facility to be known as Pack It Up SubdivisiOn.
9, That a vicinity map, attached hereto as Exhibit "A" and consisting of one
page, 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2
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10.
City Code, §12-3-6,
provides as follows:
12-3-6
A.
The Applicant seeks a variance of the following provision of the Meridian
APPROVAL PERIOD, and in the C-G zone if granted the re-zone, which
APPROVAL PERIOD:
Failure To Submit Final Plan: Council approval of the preliminary development plan
shall become null and void if the applicant fails to submit the final development plan
within one year of Council approval of the preliminary development plan.
B. Authorize Extension: Upon written request to the Council and filed by the applicant
prior to the termination of the said one year period as stated in subsection A of this
Section, the Council may authorize a single extension of the approval of the
preliminary development plan for a period not to exceed one year fi:om the end of the
said one year period.
C. Consideration For Final Approval: In the event that the develoPment of the
preliminary plat is made in successive contiguous segments in an orderly and
reasonable manner, and conforms substantially to the approved preliminary plat, such
segments, if submitted within successive intervals of one year, may be considered for
final approval without resubmission for preliminary plat approval.
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. Presently, the Final Plat is complete with all the required signatures and
certifications, except for the signatures of the Ada County Surveyor, Ada County Treasurer, and
the Ada County Recorder.
13. The Ada County Surveyor has required the vacation of the "future streets" within
the existing Timothy Subdivision (a portion of which contains the Pack It Up Subdivision area)
before he will sign and certify the Pack It Up SubdiVision Final Plat.
14. The Ada County Highway District has previously signed and certified the Pack It
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3
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Up Subdivision Final Plat, but in discussions with ACHD and the Ada County Assessor, neither
agency recognizes the "future streets" within Timothy Subdivision as dedicated public right-of-
way. However, due to the Ada County Surveyor requirement, the applicant is processing a fight-
of-way vacation of the "future streets" with ACHD. Further, Meridian City has granted their
consent to ACHD for the vacation of"future streets". The applications for vacating the "future
streets" have been submitted to ACHD. The street vacation issue is the only outstanding item
necessary before the Pack It Up Subdivision Final Plat is recorded. The timeframe for vacating
fight-of-way is approximately three to four months.
15. Based on the above issues, the applicant additionally has a vacation application
before the Meridian City Council to vacate the unopened future streets, Case No. VAC-02-002,
and which vacation application will be heard before the Meridian City Council on June 4, 2002.
16. If the applicant were made to comply with the recording of the Final Plat for Pack
It Up Subdivision it would result in extraordinary hardship to the subdivider based upon the
above matters of the aforementioned facts and related issues.
17. All agency requirements related to the Pack It Up Subdivision Final Plat have
been met except for a street vacation raised by the Ada County Surveyor. Therefore, an
additional six months should be an adequate amount of time to cover the time necessary for
completing the street vacation process and recording of the plat.
18. 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 because the
requested variance will not be detrimental or injurious to the public's welfare or to the other
properties in the area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- page 4
ORDER OF DECISION GRANTING A VARIANCE /
PACK IT UP SUBDIVISION - VAR-02-004
19. That such variance will not have the effect of altering the interest and purpose of this
Title and the Meridian Comprehensive Plan because the issuance of a variance for this project will
not violate the intent and purpose of the Meridian City Code and the Comprehensive Plan.
20. Granting the variance would maintain rights which would be afforded to others in
the same situation.
The applicant paid the fee established by the City Council for application
21.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5
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Development Ordinance would result 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 um'easonable
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, § 12-3-6, APPROVAL PERIOD, and in the C-G zone if
granted the re-zone, provides as follows:
12-3-6 APPROVAL PERIOD:
Failure To Submit Final Plan: Council approval of the preliminary development plan
shall become null and void if the applicant fails to submit the final development plan
within one year of Council approval of the preliminary development plan.
Bo
Authorize Extension: Upon written request to the Council and filed by the applicant
prior to the termination of the said one year period as stated in subsection A of this
Section, the Council may authorize a single extension of the approval of the
preliminary development plan for a period not to exceed one year from the end of the
said one year period.
Consideration For Final Approval: In the event that the development of the
preliminary plat is made in successive contiguous segments in an orderly and
reasonable manner, and conforms substantially to the approved preliminary plat, such
segments, if submitted within successive intervals of one year, may be considered for
final approval without resubmission for preliminary plat approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE /
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Page 6
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 to allow a second time extension for
recording the f'mal plat for Pack It Up Subdivision Final Plat for an additional six (6) months to the
date of October 1, 2002 for the C-G zone.
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 Section 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 APPROVAL PERIOD requirements in the C-G Zone as provided in the Section
12-3-6 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
,2002.
VOTED
COUNCILWOMAN TAMMY deW-EERD
VOTED
COUNCILWOMAN CHERIE McCANDLESS VOTED
COUNCILMAN WM. L. M. NARY
VOTED
~)~4~'~'- day of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE /
PACK IT UP SUBDIVISION - VAR-02-004
Page 7
MAYOR ROBERT D. CORRIE
(TIE BREAKER,).
VOTED
MOTION:
APPROVED:
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department,
and the City Attorney office. .~o.u II I I I tlll//
By ~ Dated:
City Clerk
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE /
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