Variance for off premiseCHAda County Highway District
David E. WvnkooD. President 318 East 37th Street
Dave Bivens, 1st Vice President
Garden City ID 83714-6499
Judy Peavey -Derr, 2nd Vice President
Phone (208) 387-6100
Susan S. Eastlake, Commissioner
FAX (208) 387-6391
Sherry R. Huber, Commissioner
E-mail: tellus@ACHD.ada.id.us
May 20, 2002
TO: MTC Engineers
707 N. 27th Street
Boise, Idaho 83702
SUBJECT: MVAR02-0006
Sign
SE corner of Fairview Avenue, Locust Grove Road
The Ada County Highway District (ACHD) staff has received and reviewed the application and site plan for the item
referenced above and is submitting this no review letter in response to the lead agency's request for comment.
Based on the submitted information, it has been determined that the proposed development will generate less than 10
additional vehicle trips per day (VTD); or improvements exist adjacent to the site and ACHD has no site improvement
requirements attributable to this application.
ACHD policy states that no site related improvements will be required for developments generating less than 10
additional VTD. If the site plan or use changes in such a manner that more than 10 additional vehicle trips per day are
generated, then ACHD will review the site plan and may issue requirements based on the ACHD Policy Manual.
ACHD policy requires that before any improvements of any kind are constructed or installed within the public right-of-
way, a permit or license agreement permitting the improvements must be obtained.
All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual,
ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances
unless specifically waived in writing by the District. Meet District drainage requirements per section 8000 of the ACHD
Development Policy Manual. Contact District staff at 387-6170 for details.
Please contact the office for determination of possible road impact fees, prior to obtaining a building permit. These fees
are collected in accordance with Ordinance #195, the Ada County Highway District Road Impact Fee Ordinance.
If you have any questions, please feel free to contact me at (208) 387-6170.
Sincerely,
w�
De elopment Analyst
Planning & Development
Cc: Planning & Development/Chron/Project File
Planning & Development Services City of Meridian
Construction Services
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BEFORE THE MERIDIAN CITY COUNCIL
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
C/C 06/04/02
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.
The City of Meridian has authority pursuant to the enactment of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1
RDER OF DECISION DENYING VARIANCE /
LOCUST GROVE LTD., LLC / (VAR-02-006)
"Local Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code and in particular in
§ 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
§ 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set
forth in Meridian City Code § 11-18.
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 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 -- Page 2
RDER OF DECISION DENYING VARIANCE /
LOCUST GROVE LTD., LLC / (VAR-02-006)
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 anew 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
The applicant, Locust Grove Ltd., LLC, owner of the property located at the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3
RDER OF DECISION DENYING VARIANCE /
LOCUST GROVE LTD., LLC / (VAR-02-006)
southeast corner 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 corner 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 corner of E. Fairview Ave. and
N. Locust Grove Road, Meridian, Idaho.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4
RDER OF DECISION DENYING VARIANCE /
LOCUST GROVE LTD., LLC / (VAR-02-006)
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.
By action of the City Council at its regular meeting held on the —A day of
2002.
ROLL CALL:
COUNCILMAN KEITH BIRD VOTED ��
COUNCILWOMAN TAMMY deWEERD VOTED_4�
COUNCILWOMAN CHERIE McCANDLESS VOTED--'`�t�
COUNCILMAN W.L.M. NARY VOTED— 'ct.
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED:
MOTION: APPROVED: DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department,
and the City Attorney office.
G GGE•rC° a
By: Dated:_��Q�i
City Clerk
SE 11 1, _-
ZAWork\M\MeridianWeridian 15360M\Locust Grove Ltd., LLC VAR-02-006\FfclsDenyVariance.doc = 7. �G `
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- %9��9�,LST TJ�g1�Q.�`�\
RDER OF DECISION DENYING VARIANCE / %,, Ou,�
LOCUST GROVE LTD., LLC / (VAR-02-006)
June 14, 2002
VAR 02-006
MERIDIAN CITY COUNCIL MEETING June 18, 2002
APPLICANT Locust Grove Ltd., LLC ITEM NO.
REQUEST Findings: Request for a Variance to city ordinance to allow an off premise
sign at the southeast corner of East Fairview Avenue and North Locust Grove Road
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Contacted:
Date: Phone:
Materials presented at public meetings shall become property of the City of Meridian.
COMMENTS
See Attached Findings
interoffice
MEMORANDUM
J�ECEIVEI---"
To: William G. Berg, .
From: Wm. F. Nichols CITY
OF NIERIDIAf\:
� F�,�
CITY ('I F OPF7.1 ,
Subject: Locust Grove Ltd., LLC/ VAR-02-006
Date: June 12, 2002
Will:
Pertaining to the above file, please find attached the original FINDINGS OF
FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION DENYING VARIANCE
request for Locust Grove Ltd, LLC for the property located at the southeast corner of East
Fairview Avenue and North Locust Grove Road, Meridian, Idaho. This matter is to be heard at
the Council meeting on June 18, 2002.
If you have any questions please advise.
Z:\Work\M\Meridian\Meridian 15360M\Locust Grove Ltd., LLC VAR-02-006\BergVAR02006.doc
Ey/Z:\WORK\M\MERIDIAN\MERIDIAN 1536oM\LOCUST GROVE LTD., LLC VAR-02-0o6\BERGVAR02006.DOC
BEFORE THE MERIDIAN CITY COUNCIL
C/C 06/04/02
IN THE MATTER OF THE )
CASE NO. VAR-02-006
APPLICATION OF LOCUST GROVE )
LTD., LLC, REQUEST FOR VARIANCE )
FINDINGS OF FACT AND
TO CITY ORDINANCE TO ALLOW AN )
CONCLUSIONS OF LAW AND ORDER
OFF PREMISE SIGN (11-14-6) IN A C-G )
OF DECISION
ZONE, LOCATED AT THE )
DENYING VARIANCE
SOUTHEAST CORNER OF E. )
FAIRVIEW AVENUE AND NORTH )
LOCUST GORVE ROAD, MERIDIAN, )
IDAHO
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.
The City of Meridian has authority pursuant to the enactment of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1
RDER OF DECISION DENYING VARIANCE /
LOCUST GROVE LTD., LLC / (VAR-02-006)
"Local Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code and in particular in
§ 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
§ 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set
forth in Meridian City Code § 11-18.
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 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 -- Page 2
RDER OF DECISION DENYING VARIANCE /
LOCUST GROVE LTD., LLC / (VAR-02-006)
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 §I l-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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3
RDER OF DECISION DENYING VARIANCE /
LOCUST GROVE LTD., LLC / (VAR-02-006)
southeast corner 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.
The location of the subject property is located in a General Retail and Service
Commercial District (C-G) at the southeast corner 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.
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 corner of E. Fairview Ave. and
N. Locust Grove Road, Meridian, Idaho.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4
RDER OF DECISION DENYING VARIANCE /
LOCUST GROVE LTD., LLC / (VAR-02-006)
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.
By action of the City Council at its regular meeting held on the day of
2002.
ROLL CALL:
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
COUNCILMAN W.L.M. NARY
VOTED
VOTED
VOTED
VOTED
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED:
MOTION: APPROVED: DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department,
and the City Attorney office.
an
City Clerk
Dated:
ZAWork\M\Meridian\Meridian 15360M\Locust Grove Ltd., LLC VAR-02-006\FfClsDenyVariance.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
RDER OF DECISION DENYING VARIANCE / Page 5
LOCUST GROVE LTD., LLC / (VAR-02-006)
05/29/02 11:02 FAX 208 045 4484
r N)
GEYER INV CO Q 001
I, William M. Geyer, managing member of Locust Grove Ltd., the owner of the
property requesting the Off -site sign variance, do hereby affirm that the said
property was posted one week before the public hearing date of June 4,2002.
.� 04-0..
State of Idaho
)ss_
County of Ada )
On this 29 day of O- 1k 2002, before me a notary public in and
for said State, personally app&hred William M. Geyer known to me to be the
person whose name is subscribed to the within instrument, and acknowledged to
me that he/she executed the same.
IN WITNESS WHEREOF, I have herunto set my hand and affixed my official
seal the day and year in this ceritificate first above written.
Notary Pbblic for Idaho •.•' b l
*0TAR j S
Residing in � �� 1P,cll��no
G
My Commission Expires: (z d'>, pUBLt ,�0
May 31, 2002
VAR 02-006
MERIDIAN CITY COUNCIL MEETING June 4, 2002
APPLICANT Locust Grove Ltd., LLC
ITEM NO, M
REQUEST Public Hearing: Request for a Variance to city ordinance to allow an off premise
sign at the southeast corner of East Fairview Avenue and North Locust Grove Road
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
�TFIER:
Contacted: Date:
Phone: _
Materials presented at public meetings shall become property of the City of Meridian.
COMMENTS
See Attached Comments
No Objection
"No Review"
tY(JLS UP LL P—A3ULCL VALLCI
MAYOR
A Good Place to Live
LEGAL DEPARD,1ENT
Robert D. Corrie
CITY OF MERIDIAN
(2°�) 238 2499Fas 288-2501
CITY COUNCIL MEMBERS
PUBLIC WORKS
Keith Bird
33 EAST IDAHO
BUILDING DEPARTMENT
Tammy deWeerd
MERIDIAN, IDAHO 83642
(208) 887-2211 -Fax 887-1297
Cherie McCandless
William L.M. Nary
(208) 888-4433 -FAX (208) 887-4813
City Clerk Office Fax (208) 888-4218
PLANNING AND ZONING
DEPARTMENT
(208) 884-5333 -FAX 888-6854
MEMORANDUM: May 30, 2002
To: Mayor and City Council RECEIVEE),
From: David McKinnon, Planner II "
'�17Y OF fv1ERIDiAi�i
Re: Request for a Variance for an Off -premise, Free-standing Sign }T Y OF MERKvO F!( !_
Ltd., LLC (File No. VAR-02-006).
The Planning and Zoning staff has reviewed the applicant's submittal, and we offer the following
comments and recommendations:
APPLICATION SUMMARY
The Applicant, Locust Grove Ltd., LLC, has requested a variance from Meridian City Code
(MCC) 11-14-6.I that prohibits off -premise signs. Section 11-14-6.I. of the MCC reads as
follows:
"The following types of signs are prohibited in all districts: I. Off -Premise Signs, except as
permitted and defined in Section 11-14-7.A.4 [real estate signs], 11-14-9.E. [center signs] and
11-14-9.J [billboards]."
The Sign Ordinance defines an "off -premise sign" as follows:
"OFF -PREMISE SIGN: A sign which is not related to the property upon which it is located or to
the activity being conducted thereon."
The Applicant would like to place an off -premise sign near the southeast corner of Fairview
Avenue and Locust Grove Road, in the northwest corner of D & B Supply's Parking Lot. The
proposed off -premise sign would advertise a yet -to -be -determined business on a vacant lot that
has no Fairview frontage. The vacant lot is directly to the south of (behind) the existing Winger's
Restaurant.
The Applicant is seeking the variance for the off -premise sign because they have been unable to
find a buyer for the vacant lot because the sign ordinance does not allow the lot to have a sign
visible from Fairview Avenue.
LOCATION
The subject vacant parcel is directly south of the existing Winger's Restaurant on Fairview
Avenue. The Applicant would like to place the off -premise sign for the vacant parcel on the
northwest corner of D & B Supply's lot on Fairview Avenue.
VAR-02-006
Locust Grove Var
Mayor and Council
May 30, 2002
Page 2
SURROUNDING PROPERTIES
North — Fred Meyers Shopping Center, zoned C-G.
South —Vacant land, currently zoned RUT.
East — D & B Supply, zoned C-G.
West — Hollywood Video and Eddy's Bakery, zoned C-G.
REQUIRED FINDINGS
According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a
variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the
Ordinance lists the following Findings, all of which must be determined before granting a
variance:
VAR-02-006
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;
Staff finds that there are no special circumstances affecting the property that
would make the strict application of the sign ordinance impracticable or
unreasonable.
Staff finds that when the property was subdivided into the property's current
configuration, it was a choice of the developer to limit the subject property's
visibility on Fairview Avenue.
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;
Staff does not find that strict compliance with the requirements of the Sign
Ordinance would result in extraordinary hardship to the owner or developer
because of unusual topography, the nature or condition of adjacent development,
physical conditions or other conditions.
Staff does not find any circumstances and conditions that make strict compliance
unreasonable, and the conditions and requirements of this Title will not result in
inhibiting the achievements or objectives of the Zoning Ordinance and Sign
Ordinance.
Locust Grove. Var
Mayor and Council
May 30, 2002
Page 3
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;
Staff finds 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 Sign Ordinance will be seriously compromised should a
variance be granted.
The only reason the property does not have a sign on Fairview is because the
property does not front Fairview. The off -premise sign section of the Sign
Ordinance is to prevent sign congestion and confusion on major roadways, such
as Fairview.
The City Council should listen to any public testimony offered concerning
whether or not the surrounding property owners feel that the requested variance
will affect their properties.
D. That such variance will not have the effect of altering the interest and
purpose of this Title and the Meridian Comprehensive Plan.
Staff finds that the issuance of a variance for the off -premise sign will have the
effect of altering the purpose and interest of the Sign Ordinance.
The Sign Ordinance provides for off -premise signs that are used for real estate,
billboards and commercial center signs. The proposed sign is not a real estate
sign, nor is it a billboard sign, so the only way the sign can be permitted off
premise is if it approved as center sign. The applicant has stated in the application
that the other businesses in the subdivision (Eddy's, Winger's and Hollywood
Video) will not discuss removing their existing signs to build a center sign.
Furthermore, the aforementioned businesses each have their own conditional use
permits and were not developed as a commercial center with any kind of common
design feature.
Allowing a variance for an off -premise sign will make it harder to deny off -
premise signs in the future and will encourage similar requests for variances.
STAFF RECOMMENDATION
Staff recommends denial of this variance request.
VAR-07.-006
Locust Grove. Var
H '' Ada Count Highway District y b y
udVlu c. vvyrlKUUP, rresiaeni n ❑:. 318 East 37th
c ' ' "` Garden City I D 83714-6499
Judy Peavey -Derr, 2nd Vice President Phone (208) 387-6100
Susan S. Eastlake, Commissioner FAX (208) 387-6391
Sherry R. Huber, Commissioner E-mail: tellus@ACHD.ada.id.us
May 20, 2002
TO: MTC Engineers -.0c 7-F, i_'
707 N. 27th Street
Boise, Idaho 83702
SUBJECT: MVAR02-0006 City of ML eridian
Sign City Clerk 0f±r
SE corner of Fairview Avenue, Locust Grove Road
The Ada County Highway District (ACHD) staff has received and reviewed the application and site plan for the item
referenced above and is submitting this no review letter in response to the lead agency's request for comment.
Based on the submitted information, it has been determined that the proposed development will generate less than 10
additional vehicle trips per day (VTD); or improvements exist adjacent to the site and ACHD has no site improvement
requirements attributable to this application.
ACHD policy states that no site related improvements will be required for developments generating less than 10
additional VTD. If the site plan or use changes in such a manner that more than 10 additional vehicle trips per day are
generated, then ACHD will review the site plan and may issue requirements based on the ACHD Policy Manual.
ACHD policy requires that before any improvements of any kind are constructed or installed within the public right-of-
way, a permit or license agreement permitting the improvements must be obtained.
All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual,
ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances
unless specifically waived in writing by the District. Meet District drainage requirements per section 8000 of the ACHD
Development Policy Manual. Contact District staff at 387-6170 for details.
Please contact the office for determination of possible road impact fees, prior to obtaining a building permit. These fees
are collected in accordance with Ordinance #195, the Ada County Highway District Road Impact Fee Ordinance.
If you have any questions, please feel free to contact me at (208) 387-6170.
Sincerely,
( *,Q-, qj_L�T�o
Development Analyst
Planning & Development
Cc: Planning & Develop ment/Ch ro n/P roject File
Planning & Development Services City of Meridian
Construction Services
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Robert D. CUCTic: A Good Place to Live LEGAL DEPARTMENT
(208) _33-2499 • Fax288-2501
CITY COUNCIL MEMBERS -CITY OF MERLAAN PUBLIC WORKS
William L. M. Nary 33 EAST IDAHO (208) 898-5500 • Fax 887-1_97
Keith Bird MERIDIAN, IDAHO 33642 BUILDING DEPARTMENT
Tzmmv deWeerd (208) 833-W33 - Fax (208) 837-4313 (208) 887-2211 • Fax 337.1_97
Cherie McCandless City Clerk Ot-fce Fax (208) 338-4213 PLANNING .AND ZONING
(208) 384-5533 - Fax 388-6854
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian City
Council please submit your comments and recommendations to Meridian City Hall
Attn: Will Berg, City Clerk, by: May 30, 2002
Transmittal Date: May 14, 2002 Hearing Date: June 4, 2002
File No.: VAR 02-006
Request: Request for Variance for off premise sign
By: Locust Grove Ltd., LLC
Location of Property or Project: southeast corner of E. Fairview Ave. & N. Locust Grove Rd
David Zaremba, P/Z Ana vAR, vAc, FP)
Jerry Centers, P/Z ova vwR vAc, FPJ
Leslie Mathes, P/Z (?a vAR, vAc, FP)
Keven Shreeve, P/Z (No vAR, vAc. FP)
Keith Borup, P/Z (ra vwR vAc. FP)
Robert Come, Mayor
Bill Nary, C/C
Tammy deWeerd, C/C
Keith Bird, C/C
Cherie McCandless, C/C
Water Department
Sewer Department
Sanitary Service pa vAR, vAc, �1
Building Department -
Fire Department
-Police Department
City Attorney
City Engineer
City Planner
Parks Department
Meridian School District
Meridian Post Office (FP/PP oM�1
Ada County Highway District
Community Planning Assoc.
Central District Health
Nampa Meridian Irrig. District
Settlers Irrigation District
Idaho Power Co. rFP/P,,,,w
U.S. West (FP/PP a,,w
Intermountain Gas(FP/PPcnl0
Bureau of Reclamation rFP/PP(,.,w
Idaho Transportation Department (1VoFP)
Ada County rAzww
MAYORHUB
OF TREASURE GALLEY
Ruben D. Currie
A Good Place to Lire
LEGAL DEPARTMENTa.
'
CITY OF MERIDIAN
(208) 288-2199 • Fax 288-2501
CITY" COUNCIL MEMBERS
PUBLIC WORKS
William L.M. Nary
33 EAST IDAHO
(208) 898-5500 • Fax 887-1 _297
Keith Bird
MERIDIAN, IDAHO 83642
BUILDING DEPARTMENT
Tammy deWeerd
(208) 888-4433 • Fax (208) 887-4813
(208) 887-2211 • Fax 887-1297
Cherie NICCandless
Citv Clerk Office Fax (208) 888-42I S
PLANNING AND ZONING
(208) 884-5533 • Fax 888-6854
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian City
Council please submit your comments and recommendations to Meridian City Hall
Attn: Will Berg, City Clerk, by: May 30, 2002
Transmittal Date: May 14, 2002 Hearing Date: June 4, 2002
File No.: VAR 02-006
Request: Request for Variance for off premise sign
By: Locust Grove Ltd., LLC
Location of Property or Project: southeast corner of E. Fairview Ave. $ N. Locust Grove Rd
David Zaremba, P/Z (No vAR, vac, FP)
Meridian School District ovo FP)
Jerry Centers, P/Z (No vAR, VAC, FP)
Meridian Post Office (FP/PP.,,1
Leslie Mathes, P/Z ovo vAR, vAc, FP)
Ada County Highway District
Keven Shreeve, P/Z ovo vAR, vAc, FP)
Community Planning Assoc.
Keith Borup, P/Z (N. vAR, vAc, FP)
Central District Health
Robert Come, Mayor
Nampa Meridian Irrig. District
Bill Nary, C/C
Settlers Irrigation District
Tammy deWeerd, C/C
Keith Bird, C/C
Idaho Power Co. (FP1PPony)
Cherie McCandless, C/C
U.S. West (FP/PPony)
Intermountain Gas(FP/PPon,0
Water Department
Bureau of Reclamation (FP/PPonw
Sewer Department
Idaho Transportation Department ovoFP)
Sanitary Service pvo vAR, vAc, FP)
Ada County (Az onto
Building Department Your Concise Remarks:
Fire Department
Police Department
City Attorney
City Engineer
t✓ City Planner
__ Parks Department
CITE' OF MERIDIAN
Planning & Zoning Departme
660 E. Watertower Ln., Ste. 202, MeridiarrID 83642
(208) 884-5533 Phone / (208) 888-6854 Fax
VARIANCE APPLICATION
(RE: Meridian Zoning Ordinance - 1 I -18, Meridian Subdivision Ordinance - 12-1 1)
APPLICANT:
ADDRESS:
PHONE: FAX. 3y, (t' `i� E-MAIL:
- V6tf:!
OWNER(S) OFF RECORD: VADDRESS: z - i,
OW
PHONE: FAX: _ 3 kT-ff&y E-MAIL:
ENGINEER, SURVEYOR, PLANNER:
ADDRESS: �t� - / f'S7S
PHONE: �-C� FAX:
E-MAIL:
ADDRESS, GENERAL LOCATION OF SITE: -
PRESENT ZONE CLASSIFICATION: l�
PRESENT USE OF SUBJECT PROPERTY:
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PROPOSED USE OF SUBJECT PROPERTY: l.I,IL�.QL111-�
DESCRIPTION OF PROPOSED VARIANCE:-C -
�.,.
I have read the information contained herein and certify the information is
rrect.
REC i y Y jTv E Signature of Applicant:
JLZ
a'IAY 1 ? 2002
CITY OF MERIDIAN
CITY CLERK OFFI('F
FIL
VAR.-02- aDlo
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WARRANTY DEED
For Value Received
Schrandl Family Limited Partnership
hercinafler referred to as Grantor, does hereby grant, bargain, sell, and convey unto
William H. Geyer and Patricia M. Geyer, husband and wife
hereinallcr referred to as (;I"autec,'whosc current address is
500 W. Idaho Suite 265, Boise, Idaho 83702
the following described premises, to -wit:
See legal description attached hereto and made a part hereof.
To HAVE AND TO HOLD the said premises, Willi their appurtenances unto the said Grantee, his heirs
and assigns forever. And (lie said (;ranlor does hereby covenant to and with the said Grantee, plat Grantor is
the owner in fee simple of said premises; (hat said premises are free from all encumbrances except current
Years taxes, levies, and asscssnlculs, and cxcepl U.S. I'a(cm reservations, restrictions,-senlenls of record, and
c;lscnlcnls visihle upon the planiscs, and Ihal Grullor will wan-;ull aad defend the same from all claims
whatsoever.
Dated: April 23, 1998.
Schrandl Family Limited Partnership by: Schrandl
Investment Company
BY:
Rlchar c randl, President„ General Partner
STATE OF IDA110 )
ss.
COUNTY OF Ada )
On This 23rd day of April, in [lie year 1998, before tile, a Notary Public in and for said State, personally
appeared Richard .1. Schrandl, of Schrandl Investment Company, known or identified to me to be the Presidicnt
of SChlalldt Investment Company �rr known or idcutil-lcd to file to be the gcncral partner of the Schrandt Family
Limited Partnership, anti ackntiLlgcd to file that-W Corporation CXCctitC[I the same as general partner of
said li'lllted partnership and in said limited p:lrtncrshi 's_nauttt
r...._._..._.. .
�Fly (`fir •s �t j • .• Niltary P l Ic of Idaho
1 t Residing at Boisc, Idaho r, 1 AI E OF IDA. 10 Commission expires: 5/08/98
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First American Title Company of Idaho
N,.,Io Par 3 of Lot Line Adjustmentleurvey, recorded as Survey No.
3963, recorded August 6, 1997, as Instrument No. 97062760, being
a portion of Lots 14 and 15 of PLEASANT VALLEY SUBDIVISION,
according to the official plat thereof, filed in Book 12 of Plats
at Page 665, Official Records of Ada County, Idaho, located in ttie
Northwest Quarter of the Northwest Quarter of Section 8, Township
3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more
particularly described as follows:
Commencing at a brass cap marking the Northwest scorner of Section
8, Township 3 North, Range 1 East, Boise Meridian, Ada County,
Idaho; thence
South 00126154" West along the Westerly boundary of said Section
8, 256.15 feet to a point; thence leaving said Westerly
boundary of said Section 8,
South 89°58156" East, 237.68 feet to an iron pin, said pin being
the REAL POINT OF BEGINNING; thence continuing
South 89*58156" East 192.68 feet to an iron pin; said pin being on
the line common to Lots 13 and 14 of said Pleasant Valley
Subdivision; thence
South 00°26'59" West along the line common to said Lots 13 and 14,
168.85 feet to an iron pin on the Northerly right-of-way of
Wilson Lane marking the corner common to said Lots 13 and 14;
thence
North 89158156" West on a line 30.00 feet Northerly of and parallel
to the centerline of Wilson Lane, 192.68 feet to an iron pin;
thence leaving said Northerly right-of-way
North 00,26157" East 168.85 feet to the REAL POINT OF BEGINNING.
ALSO:
Parcel 4 of Lot Line Adjustment Survey, recorded as Survey No.
3963, recorded August 6, 1997, as Instrument No. 97062760, being
a portion of Lots 15, 16 and 17 of PLEASANT VALLEY SUBDIVISION,
according to the official plat thereof, filed in Book 12 of Plats
at Page 665, Official Records of Ada County, Idaho, located in the
Northwest Quarter of the Northwest Quarter of Section 8, Township
3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more
particularly described as follows:
Commencing at a brass cap marking ttre Northwest corner of Section
8, Township 3 North, Range 1 East, Boise Meridian, Ada County,
Idaho; thence
South 00126154" West along the Westerly boundary of said Section
8, 256.15 feet to a point; thence leaving said Westerly
boundary of said Section 8,
South 89158156" East, 237.68 feet to an iron pin, said pin being
the REAL POINT OF BEGINNING; thence
South 00°26'57" West, 168.85 feet to an iron pin on the Northerly
right-of-way of Wilson Lane; thence
North 89"58156" West on a line 30.00 feet Northerly and parallel
to ttre centerline of Wilson Lane,
172.53 feet to an iron pin; thence leaving said Northerly right-
of-way
North 44046101/, West, 28.39 feet to an iron pin on the Easterly
right-of-way of North Locust Grove road; thence
North 00*26154" East on a line 45.00 feet Easterly and parallel to
the centerline of North Locust Grove Road as per Instrument
No. 97031850, 148.70 feet to an iron pin; thence leaving said
Easterly right-of-way
South 89°58'56" East, 192.68 feet to the REAL POINT OF BEGINNING.
n f , EC0RDEO - i":En.0 S f
ro FcE_c a CEi-.fY_
2%�,�Ii Pill12:rv5 10 2 04 5i i
GRANT OF EASEMENT
FOR VALUE RECEIVED, the Schrandt Family LTD Partnership, an
Idaho Partnership, Schrandt Investment Co., general partner, Richard J.
Schrandt, President, GRANTOR(S) hereby grants, bargains, sells, conveys, and
transfers unto Locust Grove LTD, LLC. an Idaho Limited Liability Company,
GRANTEE, its successors and assigns, a permanent easement and right-of-way
for the purpose of locating, establishing, constructing, maintaining, repairing,
and operating an underground electrical supply line and monument sign. Said
illuminated sign shall not exceed thirty (30) square feet in size. Grantee shall be
allowed the right of ingress and egress in, from, to and over said easement for
the purpose of inspecting, maintaining, and repairing said line.
The perpetual easement and right-of-way hereby given, granted,
conveyed and transferred for the installation, repair, and maintenance of the
underground electrical line and monument sign is described in general language
as follows: (See Exhibit "A" attached hereto.)
GRANTOR(S) further give, grant, and convey a temporary easement for the
purpose of constructing and installing said electoral supply line/monument sign
described in Exhibit "A."
TO HAVE AND TO HOLD the said perpetual easement, rights, and rights -
of -way to Locust Grove LTD., LLC, its successors and assigns forever, except
the GRANTOR(S) reserve the right to occupy and use the surface of said
easement for all purposes not inconsistent with the rights herein granted,
Further, the GRANTEE agrees and covenants with the GRANTOR(S) to restore
the subsurface and surface of the easements and rights -of -way herein granted
and conveyed, to a like condition existing prior to the grant of this easement and
right-of-way and to indemnify and save and hold harmless GRANTOR(S) from
any and all losses, claims, actions or judgments for damages or injuries to
persons or property arising out of or from, or caused by, the construction,
operation, maintenance and use of the aforesaid easements and rights -or -way.
Page 1 of 2
N..
IN WITNESS WHEREOF, the GRANTOR has caused this instrument to be
subscribed the day of ,� ' 2002
Richard J. Schrandt, President
0
Schrandt Investment Co.
Executing for Schrandt Family Ltd. Partnership, LLP
STATE OF IDAHO )
)ss.
County of oAd
ON THIS day of , 2002, before me a notary public
in and said State personally appeared Richard J. Schrandt, known to me to be
the President of Schrandt Investment Company, a General Partner of Schrandt
Family LTD Partnership, an Idaho Partnership, who acknowledged to me, he
executed the same in the name of said partnership.
IN WITNESS WHEREOF, I have hereunto set my hand an affixed my
official seal the day and year first above written.
My Notary Commission Expires be, I. OoZ
My Notary Bond Expires 06ALZI,
Not ry Publiq for Idaho
Residing a Idaho
Page 2 of 2
—'.
sl -if,
I (, INC.
CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS
•�� 707 N. 27TH ST. BOISE, IDAHO 83702-3113 (208) 345-0780 FAX (208) 343-8967
LEGAL DESCRIPTION
FOR BILL GEYER
SIGN EASEMENT
D & B SUPPLY PROPERTY
Commencing at a brass cap marking the Northwest Corner of Section 8, T.3N.. R.1 E..
B.M., Ada County, Idaho; thence South 89°58'57" East 430.37 feet along the Northerly
boundary of said Section 8, T.3N., R.IE., B.M. to a point; thence South 00°26'59" West
39.93 feet to a 5/8 inch iron pin on the Southerly right-of-way of Fairview Avenue and
also marking the Northwesterly corner of D&B Supply Property, which is the REAL
POINT OF BEGINNING; thence continuing South 00026'59" West 251.22 feet along the
Westerly boundary of D&B Supply property to a point; thence South 89°58'56" East 2.00
feet to a point; thence North 00°26'59" East 251.22 feet along a line parallel with the
Westerly boundary of D&B Supply Property to a point on the Southerly right-of-way of
Fairview Avenue; thence North 89°58'56" West 2.00 feet along the Southerly right-of-
way of Fairview Avenue to the real point of beginning, comprising 502 square feet , more
or less.
LEGAL DESCRIPTION
FOR BILL GEYER
A TEMPORARY CONSTRUCTION EASEMENT
D & B SUPPLY PROPERTY
Commencing at a brass cap marking the Northwest Corner of Section 8, T.3N., R.1 E.,
B.M., Ada County, Idaho; thence South 89058'57" East 432.37 feet along the Northerly
boundary of said Section 8, T.3N., R.1 E., B.M. to a point; thence South 00°26'59" West
39.93 feet to a point on the Southerly right-of-way of Fairview Avenue, which is the
REAL POINT OF BEGINNING; thence continuing South 00°26'59" West 251.22 feet to
a point; thence South 89°58'56" East 20.00 feet to a point; thence North 00°26'59 East
251.22 feet to a point on the Southerly right-of-way of Fairview Avenue; thence North
89°58'56" West 20.00 feet along the Southerly right-of-way of Fairview Avenue to the
real point of beginning, comprising an area of 5024 square feet, more or less
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DESIGNED DATE SHEET t of 1
DRAWNCHECK �_ DATE 4- -0
-�2 SCALE t' . 40'
CHECKED JR DATE a-2-02 FRDJECT
4-25-02
VARIANCE APPLICATION QUESTION AND RESPONSE STATEMENT
1. See completed and signed application form.
2. See attached Warranty Deed
3. See attached Recorded Easement.
4. See attached Legal Description,
5. The present sign ordinance section 11-14-6 subsection I is the specific
code section which I am not able to use to install the requested sign.
I have been informed by Shari Stiles that my property does not fit into
the "planned sign program" classification.
6. Apparently our project cannot meet the current classification without an
extensive redesign of the signs for all the businesses in the project.
Under no circumstances will Eddy's Bakery, Hollywood Video, or Winger's
Diner even consider modifying their current signage due to the financial
expense, not to mention the difficulty in gaining an approval from their
respective corporate offices. It should be noted that when this project was
being developed up until the Eddy's building was completed the present
sign ordinance did not exist, hence there were no guidelines available to
follow or frame -work to work within.
7. We need to be able to obtain permission to allow our relatively small, but
professionally designed sign to be installed one lot away from the actual
site that will be developed.
8. After continuously marketing the property for development within the CG
use category we have found that all prospective commercial business
owners are mandating the availability of sign exposure on Fairview Ave.
The present ordinance does not make exception for any properties that
were developed with the "commercial center" concept in mind that did not
have the benefit of the guidelines of the current ordinance. If a variance
cannot be obtained it is possible this property would have to be
developed with a much less desirable user, if it can be developed at all.
N.0,
Page 2
9. There exists with this variance application the fact that we would not be in
the position of having to submit a variance application had the City of
Meridian enacted a more comprehensive sign ordinance than that
provided when this project was originally conceived. See attached
preexisting ordinance. Also, the City of Meridian has allowed a much
larger sign to be constructed across the street, which is indeed peculiar,
and yet has not presented any problems of any kind since its installation.
See Photo #1.
10. Clearly, the variance applied for is for a parcel that unfortunately can only
be referred to as a "remaining lot." Lot #3 of this development does not
enjoy anywhere near the visibility and exposure that virtually all of its
adjoining lots do. The exposure to Fairview, the key factor in a
commercial business success, is severely limited. See photos taken from
the intersection and along Fairview. Over the next 3-5 years Lot #3 will be
almost totally blocked from view due the growth of the trees which were
required to be planted by the Meridian planning department for the
development of D&B, Wingers, and Hollywood Video. The plantings for
all these projects will be very attractive over time, however they do impair
a persons line of sight, especially from a moving automobile. The
orientation of the buildings in this project, namely Winger's and Hollywood
Video is unlike anything else that I have been able to find along Fairview,
from Eagle Rd. west along Cherry Ln. to Linder Rd. This building
orientation issue was addressed when these lots were originally offered.
These users mandated being as close to Fairview as possible so that
they "could be seen." This being the case, we have been left with a
difficult set of circumstances which have produced a truly special set of
conditions.
11. Literally interpreted and defined, OFF -PREMISE SIGN: A sign which is
not related to the property upon which it is located or to the activity being
conducted thereon. Clearly, we are asking for a sign to be located on a
lot we don't own, marketing a future business that has nothing to do with
D&B Supply, Inc. However, one only need look across the street to see
a good size sign which is located on the Key Bank lot, which advertises
several different business, which have nothing to do with Key Bank. This
is a clear example of something that exists which has worked out well for
all concerned.
Page 3
12. We had absolutely no control over the orientation of the buildings and
landscaping requirements of the City of Meridian causing the blocked
view situation.
13. If we are granted the variance, this will not confer upon ourselves any
special privilege that is denied by the Ordinance to other lands, structures
or buildings in the same district. Every property owner has the right to
make application to the City of Meridian for a variance, which is not a
special privilege.
14. A granting of this variance would neither profit or provide convenience
to the applicant. It would simply provide the applicant a chance to develop
what the market has proven to be an undevelopable piece of property.
A granting of this variance does not guarantee anything. The lot in
question still has to compete in the marketplace, with no guarantees from
anybody, especially the City of Meridian. It is to this day, a vacant lot,
which is exactly what it will be after the variance is hopefully granted, a
vacant lot.
15. The following excerpts from the existing Meridian Comprehensive Plan
best serve to describe the relationship between the City's stated goals
and our purpose for the submission of the variance application.
"Throughout the Comprehensive Plan update process, citizens reaffirmed
that the goals and policies contained in the 1993 Centennial Year plan be
based on six key community values:
Manage growth to achieve high -quality development.
Enhance Meridian's quality of life for all residents.
New growth should finance public service expansion.
Prevent school overcrowding/enhance education services.
Expand commercial and industrial development.
Protect Meridian's self-identity.
These important community values have been weaved into the 1993 Centennial
Year Comprehensive Plan update.
Page 4
15. Additionally, the current Sign Ordinance No. 01-909 states as
follows-
.. .... The purpose of the sign ordinance is to identify and
and enhance businesses while maintaing the aesthetic
appearance of the City."
Our sign variance request shall accomplish both these goals.
16. See attached plan.
17. Provided by Planning Dept.
18. N/A
19. Provided by Planning Dept.
20. Paid @ application.
21. See attached affidavit.
22. To be provided after placement of Notice of Variance posting.
LGSGNVR.4.30.02
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AFFIDAVIT OF WILLIAM GEYER
STATE OF IDAHO )
ss.
COUNTY OF ADA )
WILLIAM GEYER, being first duly sworn upon oath, deposes and states as follows:
1. That I make this Affidavit based on my own personal information,
knowledge, and belief.
2. That the property identified in Instrument No. 97062760 records of Ada
County, Idaho recorded on August 6, 1997, will be posted by myself one week before the public
hearing as required by item 21 of the contents of the Variance Application and that the posting will
contain the following:
1. Name of applicant;
2. Description of variance;
3. Date of public hearing; and
4. Time of public hearing.
DATED this J�ay of April, 2002.
1
WILLIA GEYER
SWORN AND SUBSCRIBED to before me this 30 day of April, 2002.
•,•••,gat 0
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Affidavit of Wi1111. :%••••;�� �•',
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R:\BOISAV.159\Afti! ianj yl}.'�?
Notary Public for the State of Idaho
Residing at Boise, Idaho
My Commission expires: 1 1 �31 O-4
PLEA5ANT VALLEY 5UBDIVI5ION
PROPERTY OWNERS WITHIN 300'
BARGER RUSSELL 5
8709 W CLOVIS DR
BOISE ID 83709-0000
1515 E FAIRVIEW AVE
PRESLEY RANDALL E TRUST
PRESLEY RANDALL E TRUSTEE
3151 AIRWAY AVE STE F-207
C05TA MESA CA 92626-0000
1560 S LOCUST GROVE RD
SCHRANDT FAMILY LIMITED PARTNERSHIP
3303 E LINDEN ST
CALDWELL ID 83605-6077
1725 E FAIRVIEW AVE
PICK YEE FAMILY CO LLP
4393 SILVER LEAF EXT
EMMETT ID 83617-0000
1700 E FAIRVIEW AVE
LOCUST GROVE LIMITED LLC
967 E PARKCENTER
BOISE ID 83706-0000
E WIL50N LN
GEYER WILLIAM M
GEYER PATRICIA M
967 E PARKCENTER BLVD 5PC 282
BOISE ID 83706-6721
E WIL50N LN
MYALL TRUST THE
MYALL T E & B C TRUSTEES
6227 MARLBOROUGH DR
GOLETA CA 93117-1637
1470 N LOCUST GROVE RD
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MlRIDIAN �, CITY OF ME, IDIAN
BUILDING DEPARTMENT
660 E Water -tower La, Ste. 200, Meridian, ID 83642 -Phone 887-2211 / Fax 887-1297
COMMERCIAL SIGN PERMIT APPLICATION
I. Legal De riptiom Lot l z `il Block Subdivision
2. Street Address (City will assign ifnew construction).' f,,-V.4E
3. Owner (if other than Contractor):I-x.,a5r-
4. Sign Contractor: -
iti Phone Z
5. Project Name:
6. I hereby submit this Commercial Sign Permit Application to construct or install:
New commercial free-standing sign(s).
Illuminated (must obtain electrical permit)
❑ New commercial wall sign(s).
0 Illuminated (must obtain electrical permit)
❑ Planned sign program. Number of signs
* Complete Planned Sign Program application form
0 Temporary/street banner
7. Value of sign $ 2.
Required Plans and Specifications: �a
-Complete text to appear on sign (business name, logo, sl h ides,
includingsize & lettering 1
g style (font).
-Overall size dimensions (including base)
-C
onstruction materials"
Colors - include color samples p s or paint clops
s
Exact, scaled location of sign on property or building. Include roperrylin es & any[}1t
side, rights of way from center of streets, l�sca n screenine '-4
Comments:
DECLARATION: I hereby certify that I have completed this application in a true and Orr
be complied with whether specified herein or not. The an
of a �• ut City of Meridian ordinances will
g g permit s e to give authoity to violate or cancel any state
or local law regulating construction. � �.
Signature of er or uthorized Agent DateO 2.
...._.. .._._..._...-._....-._........................ .... _.._....... ...._................-......... _........................... .... ....
........
OFFICE USE ONLY_.............................................................
Sign Permit Fee: S
Planning & Zoning Approval:
Building Department Approval:
Date:
Date:
M
City of Meridian
VARIANCE
Application Checklist
(Incomplete applications will not be processed)
Applicant: - Submittal Date:
Project/Subdivision:
Application Completion Date: J �17
/ �/ / U't--� Hearing Date: _A/ `{ / O?i P&Z/CC
For Office Use Only
Item
No. I Description TComments
l . Completed and signed Variance Application
2. Warranty deed
3. Notarized consent of tit1Pd nrnnPrh, numPr r-,
4.
Legal description
5.
A statement - what ordinance can you not comply with?
6.
A statement - what prevents compliance with the ordinance?
7
A statement - what are the minimum requirements of this ordinance that
need to be reduced to permit the proposed use?
8
A statement - what is the difficulty or hardship that would result if
r uirements of this ordinance were applied to the subject property?
V
9
A statement - any unusual or peculiar circumstances that indicate
regulations of this ordinance that should not be strictly complied with.
10.
A statement - that special conditions and circumstances exist....
11.
A statement - that interpretation of the ordinance shall deprive the applicant of ri is commonly enjoyed by other properties...
12
A statement - that special conditions or circumstances exist that were not a
result of the applicant's action.
13.
A statement - that granting the variance requested shall not confer on the
_applicant any special privilege...
14.
A statement - how granting of the variance would convenience the
applicant...
'
15.
A statement - the relationship of the proposed variance to the Meridian -
Comprehensive Plan cite policy numbers).
16.
One (1) copy of a scalable 8 % x I 1 site plan
17.
One (1) copy of a vicinity map (1 "=300')
18.
If applicable, schematic building plans of any proposed construction.
19.
List of property owners within 300'
20.
A fee: - $310.00
21.
Property posting affidavit
22 Notarized statement that the property was postef(to fsubmfittedr
ostin
4