HomeMy WebLinkAboutIntermtn Outdoor VAR 02-001BEFORE THE MERIDIAN CITY COUNCIL
C/C 05-21-02
IN THE MATTER OF THE )
APPLICATION OF HUBBLE )
ENGINEERING, INC., FOR A )
VARIANCE TO THE PERIMETER )
LANDSCAPE REQUIREMENTS )
LOCATED AT 1375 E. FAIRVIEW )
AVENUE, MERIDIAN, IDAHO )
VAR-02-001
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 Jane Suggs, 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
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
ORDER OF DECISION GRANTING A VARIANCE /
HUBBLE ENGINEERING, INC. / GERRY SWEET, CEO,
INTERMOUNTAIN OUTDOOR SPORTS /VAR-02-001
Page 1
and 12-11-3 as evidenced in the record of this matter.
3. The Applicant is Hubble Engineering, Inc., whose address is 701 S. Allen St., Suite
102, Meridian, Idaho 83642.
4. The owner of the property is Gerry Sweet, CEO, Intermountain Outdoor Sports,
whose address is 1375 E. Fairview Avenue, Meridian, Idaho 83642.
5. The location of the subject property is located in a General Retail and
Service Commercial (C-G) District at 1375 E. Fairview Avenue, Meridian, Idaho.
6. The legal description of the property appertains to the real property that is included
within the Vicinity Map as appears on record in the Meridian City Clerk's office, and which Vicinity
Map is attached as Exhibit "A" and consisting of one page.
7. The present land use of subject property is presently zoned as (C-G) General Retail
and Service Commercial District which is being used as a retail store and empty lot.
8. The proposed land use of subject property is that the retail store will remain and the
empty lot will be subdivided into 3 parcels for sale to commercial businesses.
9. That a vicinity map is attached hereto as Exhibit "A", 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.
10. The Applicant seeks a variance of the following provision of the Meridian
City Code, § 12-13-10-4, BUFFER SIZE, and in the C-G zone, which provides as follows:
12-13-10'4 BUFFER SIZE:
The required width of the landscape buffer is calculated based on the Ada County Long
Range Highway and Street Map (and future updates) as follows. Note: Residential Collectors
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 2
ORDER OF DECISION GRANTING A VARIANCE /
HUBBLE ENGINEERING, INC. / GERRY SWEET, CEO
INTERMOUNTAIN OUTDOOR SPORTS / VAR-02-001
do not have a required street buffer.
Street Type
Local Roads
(except in residential areas per 7.3)
Urban Collector
Principal & Minor Arterials
(other than entryway corridors)
Entryway Corridors
(as defined in the Comprehensive Plan)
Buffer Width
10 feet
20 feet
25 feet
35 feet
Interstate 84 50 feet
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. It is found that that the existing parking lot on the improved portion of the proposed
subdivision (Lot 1) would make strict application of the Landscape Ordinance impracticable and
unreasonable. The installation of a thirty-five foot (35') wide buffer on Lot 1 adjacent to Fairview
Avenue would reduce the number of available parking stalls to below the City's minimum number
of parking stalls required for the retail store. The undeveloped street frontage on Fairview (Lot 2)
should be required to provide the full thirty-five foot (35') wide buffer as there are no special
circumstances or conditions that affect this portion of the property.
13. It it found that strict compliance with the requirements of the Landscape Ordinance
would result in extraordinary hardship to the owner or developer because of unusual topography, the
nature or condition of adjacent development; however, staff finds that the existing asphalt parking
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE /
HUBBLE ENGINEERING, INC. / GERRY SWEET, CEO
INTERMOUNTAIN OUTDOOR SPORTS / VAR-02-001
Page 3
lot is a physical condition that makes Strict application of this Ordinance unreasonable.
14. It is found that the requested variance will not be particularly detrimental to the
public's welfare or injurious to other properties in the area. However, the goals and objectives of
the Landscape Ordinance may be comprOmised should a complete variance be granted.
15. It is found that the issuance of a variance for landscaping requirements will have the
effect of altering the purpose and interest of the Landscape Ordinance. The Landscape Ordinance
provides provisions for Alternative Compliance if a development is unable to meet the objectives
of the Landscape Ordinance; however, the requested reduction is beyond the scope of the Alternative
Compliance section. Allowing a variance for non-conforming street buffer landscaping will make
it harder to enforce the Landscape Ordinance in the future and may encourage similar requests for
variances to the code.
The Parks Department does not support the request for the variance for the present
16.
retail store.
17.
The landscape requirements must not impact the Nampa & Meridian Irrigation
District's Jackson Drain that courses along the south boundary of the project.
18. Instead of the variance requested by the Applicant, the Applicant can remove the row
of parking immediately adjacent to the existing street buffer on Lot 1 (the coffee kiosk and the
emissions van are located in this area as well) and replace the parking area with landscaping. The
removal of just one row of parking will allow the traffic circulation to remain the same for the rest
of the parking lot, and it will provide a significant amount of new landscaping (approximately
nineteen feet). The resulting buffer (25'-26') will be less than the required thirty-five-foot (35')
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE /
HUBBLE ENGINEERING, INC. / GERRY SWEET, CEO
INTERMOUNTAIN OUTDOOR SPORTS / VAR-02-00 !
Page 4
buffer, but it will be a dramatic improvement.
19. The applicant paid the fee established by the City Council for application 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 8 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 8 11-18.
3. That the requirements for the processing of a variance request are set forth in Idaho
Code 88 67-6509, 6516 and Meridian City Code 88 11-15-5 and 11-17-5.
4. Application and standards for variances are set forth in Meridian City Code 8 11-18-
2, and the findings which are required are set forth in Meridian City Code 8 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
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE /
HUBBLE ENGINEERING, INC. / GERRY SWEET, CEO
INTERMOUNTAIN OUTDOOR SPORTS / VAR-02-001
Page 5
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, § 12-13-10.4, BUFFER SIZE, and in the C-G
zone, which provides as follows:
12-13-10-4 BUFFER SIZE:
The required width of the landscape buffer is calculated based on the Ada County Long
Range Highway and Street Map (and furore updates) as follows. Note: Residential Collectors
do not have a required street buffer.
Street Type
Local Roads
(except in residential areas per 7.3)
Urban Collector
Principal & Minor Arterials
(other than entryway corridors)
Entryway Corridors
(as defined in the Comprehensive Plan)
Interstate 84
Buffer Width
10 feet
20 feet
25 feet
35 feet
50 feet
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:
That the Applicant is hereby granted a variance from the buffer size requirements
only for the existing retail store on Lot 1, which is in the landscape easement, but
Lot 2 which will be future development shall be required to comply with the new
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE /
HUBBLE ENGINEERING, INC. / GERRY SWEET, CEO
INTERMOUNTAIN OUTDOOR SPORTS / VAR-02-00 !
Page 6
Landscape Ordinance buffer size (MMC § 12-13-10-4), in the General Retail and
Service Commercial District. Instead of the variance requested by the Applicant,
the Applicant can remove the row of parking immediately adjacent to the existing
street buffer on Lot 1 (the coffee kiosk and the emissions van are located in this
area as well) and replace the parking area with landscaping. The removal of just
one row of parking will allow the traffic circulation to remain the same for the rest
of the parking lot, and it will provide a significant amount of new landscaping
(approximately nineteen feet). The resulting buffer (25'-26') will be less than the
required thirty-five-foot (35') buffer, but it will be a dramatic improvement.
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 Buffer Size in the C-G Zone as provided in the Section 12-13-10-4 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
~/~ ,2002.
day of
ROLL CALL:
COUNCILMAN KEITH BIRD
VOTED
COUNCILWOMAN TAMMY deWEERD
VOTED
COUNCILWOMAN CHERIE McCANDLESS
VOTED
COUNCILMAN WM. L.M. NARY
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE /
HUBBLE ENGINEERING, INC. / GERRY SWEET, CEO
INTERMOUNTAIN OUTDOOR SPORTS / VAR-02-001
Page 7
MAYOR ROBERT D. CORRIE (TIE BREAKER)VOTED
DATED: ~ --~ --~Tff__
MOTION:
APPROVEEn
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department,
and the City Attomey office. ,,,,,,~.,,,,t, .
B ,_2 Dated: ~--4''ff 2'-?-
City Clerk
Z:\WorkhMWleridianWIeridian 15360MXlntcrmountain Outdoor Sub VAR02-001 PFP02-00BFfClsOrantVarianceTWO.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE /
HUBBLE ENGINEERING, INC. / GERRY SWEET, CEO
INTERMOUNTAIN OUTDOOR SPORTS / VAR-02-001
Page 8
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