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HomeMy WebLinkAboutLocust Grove Ltd VAR 02-006BEFORE THE MERIDIAN CITY COUNCIL C/C 06/04/02 IN THE MATTER OF THE ) APPLICATION OF LOCUST GROVE ) LTD., LLC, REQUEST FOR VARIANCE ) TO CITY ORDINANCE TO ALLOW AN ) OFF PREMISE SIGN (11-14-6) IN A C-G ) ZONE, LOCATED AT THE ) SOUTHEAST CORNER OF E. ) FAIRVIEW AVENUE AND NORTH ) LOCUST GORVE ROAD, MERIDIAN, ) IDAHO CASE NO. VAR-02-006 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION DENYING VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on June 4, 2002, and Shari Stiles, Planning and Zoning Administrator, and Bill Gyer, appeared and testified at the hearing, 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: STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW Judicial Notice: The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 1. The City of Meridian has authority pursuant to the enactment of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RDER OF DECISION DENYING VARIANCE / LOCUST GROVE LTD., LLC / (VAR-02-006) Page 1 "Local Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code and in particular in 9 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has duly exercised its authority of Idaho Code 9 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 ora variance request are set forth in Idaho Code §§ 67-6509, 6516 and Meridian City Code 99 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 9 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RDER OF DECISION DENYING VARIANCE / LOCUST GROVE LTD., LLC / (VAR-02-006) Page 2 Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, § 11-18-3, and in particular item § 11-18-3 D, FINDINGS, and in the C-G zone, which provides as follows: 11-18-3 D FINDINGS: A. 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. B. 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. C. 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. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan. 6. That the City of Meridian adopted a new Sign Ordinance on February 20, 2001, and which Sign Ordinance addresses, under § 11-14-6, that off-premise signs, except as permitted and defined in Sections 11-14-7.A.4., 11-14-9 E., and 11-14-9 J., are prohibited. The approval of the new Sign Ordinance would then apply to the Applicant's present variance request, as the Applicant would need to construct a Center Sign, and would not be allowed an off-premise sign. STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. The applicant, Locust Grove Ltd., LLC, owner of the property located at the -- Page 3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RDER OF DECISION DENYING VARIANCE / LOCUST GROVE LTD., LLC / (VAR-02-006) southeast comer of E. Fairview Ave. and N. Locust Grove Road, filed for a variance of the sign requirements of the Meridian City Code at § 11-14-6, and which request is not in conformance with the new Meridian City Code. 2. Applicant, Locust Grove Ltd., LLC, seeks a variance of the sign requirements because his property is blocked from view from the major arterial. 3. The location of the subject property is located in a General Retail and Service Commercial District (C-G) at the southeast comer of E. Fairview Ave. and N. Locust Grove Road, Meridian, Idaho. 4. The legal description of the property appertains to the real property that is included within the Vicinity Map as appears in the record of proceeds of this matter, and which is on file with the City Clerk's office of Meridian, Idaho. 5. Pursuant to the staff testimony and action of the City Council at their June 4, 2002 meeting, the request for variance should be denied due to the lack of special circumstances. 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. Pursuant to § 11-14-6 of the Meridian City Code, the Applicant is hereby denied the sign variance as per the decision of the City Council at their June 4, 2002, meeting, due to the lack of special circumstances for the real property located at the southeast Comer ofE. Fairview Ave. and N. Locust Grove Road, Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RDER OF DECISION DENYING VARIANCE / LOCUST GROVE LTD., LLC / (VAR-02-006) Page 4 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 an off-premise sign variance of § 11-14-6, 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. /~ fl-"-day of By action of the City Council at its regular meeting held on the ~-~ ,2002. ROLL CALL: VOTED VOTED VOTED VOTED COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS COUNCILMAN W.L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: 6--//R-OP-.- MOTION: APPROVED: ~- DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, ~\~%HII[IIIIIii/, and the City Attorney office. Z:\WorkLMWleridianWleridian 15360M~Locust Grove Ltd., LLC VAR-02-006~FfClsDenyVariance.doc '%7. Vuwr' . :.,,,," FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RDER OF DECISION DENYING VARIANCE / LOCUST GROVE LTD., LLC / (VAR-02-006)