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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 r m n n z < -+ 0< m nCO) -v a v ch z 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 0 0 0 Z7 r m n cn n z < —+ �D z m nCl) -v C v cn 0 z / MAYOR �u L/, •.zc� c� 1 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: —1 lh-�— te- 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 f 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 l 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 N%./ Lm S 39°58'56'E WINGER'S RESTAURANT 2,00' s N 89°58'56'W j 1 20.00 1 f--- Z W E W 0 Q W I Z a U D z D & B w M 3 0 Z w W o, �N C3 N L' Q, �N SUPPLY W lUtf) fU- Z oN N ¢ oN ti O Z � I d Z ClJ I~ W 2.00' 20.00 S 89'58'56'E DESCRIPTI❑N SKETCH FAIRVIEW AND LOCUST GROVE Z7th Si. MT C0�)�-8..7 67 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 *"001 N%W LOCUST GROVE ROAD J rn Ou Ut A m H < � D Z L) C A m A Z V1 1 2' SIGN EASEMENT S 00'26'59'11 251.22 251.22 TEMPORARY CONSTRUCTION N 00'26'59'E 25122 l Zr P, row z cry: A y� ■ 0,Ll r, '- € A99 x i 6- z 0 0 m M J Q H Z Q Q w J a W Q W Q LL w �1 as as LL O O N O 0 0 0 0 0 CO) O O M 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 �11snd Affidavit of Wi1111. :%••••;�� �•', .• 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 goo .Ik 7t� - - _-.R7e11�' mm Irk 4t till It lik. pl� z ct r. tx.', if . - � yx,;,.,,as .- ... •0 ,¢-�r�y—v M1"�yy'gY'i M"'��!�r����.�~�.f� F �^+'^ - ,'. y a - — .10 — -- —. -' -!*'� as 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