HomeMy WebLinkAboutMeridian Business Park VAR-00-016BEFORE THE MERIDIAN CITY COUNCIL
C/C 08-15-00
IN THE MATTER OF THE )
APPLICATION OF BOB )
ALBRECHT AND WAYNE )
MCDONALD, FOR A VARIANCE )
TO DECREASE THE NUMBER )
OF 3-INCH CALIPER TREES DUE )
TO THE UNPLANTABLE AREA )
LOCATED AT EAST 5TM AND )
ICING STREET, MERIDIAN, )
IDAHO )
VAR-O0-016
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF DECISION
GRANTING A VARIANCE
The above entitled matter coming on regularly for public hearing before the City
Council on August 15, 2000, and Shaft Stiles, Planning and Zoning Administrator,
appeared and testified, and the Applicant, Bob Albrecht, appeared and testified, and no
one appeared in opposition, and the City Council having received the transmittal to
agencies and having received the variance application, having heard the testimony
presented, being fully advised in the premises does hereby malce the following Findings of
Fact and Conclusions of Law and Order of Decision, as follows to-wit:
FINDINGS OF FACT
1. The City Council takes judicial notice of its Zoning, Subdivisions and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 10
ORDER OF DECISION GRANTING A VARIANCE /
BOB ALBRECHT AND WAYNE MCDONALD / VAR-00-016
Development Ordinances codified at Title 11 Municipal Code of the City of Meridian
and all current zoning maps thereof and the Comprehensive Plan of the City of
Meridian adopted December 21, 1993 Ordinance #629 -January 4, 1994 and Maps.
2. The requirements of Idaho Code §§ 67-6509, 6516 and Meridian City
Code §§ 11-15-5 and 12-11-3 as evidenced in the record of this matter.
3. The Applicant is Bob L. Albrecht and Wayne E. McDonald, whose
address is 231 E. 5~ Street, Meridian, Idaho 83642.
4. The owners of the property are Bob L. Albrecht and Wayne E.
McDonald, whose address is 23 ! E. 5~ Street, Meridian, Idaho 83642.
5. The location of the subject property is presently located in an (I-L) Light
Industrial zone, and which subject property is located on Lot 5 and part of Lot 6, Block
1, Meridian Business Park, at East 5~ and Irdng Street, Meridian, Idaho.
6. 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 is described as follows:
A parcel of land being all of Lot 5 and part of Lot 6 in Block 1 of Meridian Business
Park, a subdivision, according to the official plat thereof as filed in the records of Ada
County, Idaho, which parcel is more particularly described as follows:
Commencing at the southwest comer of said Lot 5; thence
North 00O31'11" East 167.54 along the westerly boundary of said Lots 5 and 6 to a
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 10
ORDER OF DECISION GRANTING A VARIANCE /
BOB ALBRECHT AND WAYNE MCDONALD / VAR-00-016
point on the westerly boundary of said Lot 6; thence
North 89020'30'' East 260.05 feet to a point on the easterly boundary of said Lot 6;
thence
South 00°31'11" West 167.54 feet along the easterly boundary of said Lots 5 and 6 to
a point being the Southeast comer of said Lot 5; thence
South 89020'30'' West 260.05 feet along the southerly boundary of said Lot 5 to the
point of beginning.
7. The present land use of subject property is presently zoned as Light
Industrial (I-L), which subject property is presently a vacant lot.
8. The proposed land use of subject property is to develop the subiect
property in the following manner: construct an office warehouse, manufacturing
building for lease which would be approximately 13,608 total square feet.
9. That a vicinity map, attached hereto as Exhibit "A", consisting of one
page, of the proposed scale approved by the City Council showing property lines,
existing streets, proposed district and such other items as required have been furnished.
10. The Applicant seeks a variance of the following provision of the Meridian
City Code, § 11-13-4 B. 3., DESIGN STANDARDS FOR OFF-STREET PARIrdNG:
SCREENING, LANDSCAPING AND DRAINAGE, SCREENING, and in the I-L
zone if granted 'the re-zone, which provides as follows:
11-13-4 B. 3.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE /
BOB ALBRECHT AND WAYNE MCDONALD / VAR-00-016
Page 3 of 10
Co
Whenever a commercial off-street parking area is located in or adjacent to
a residential district, it shall be effectively screened on all sides which
adjoin or face any property used for residential purposes by a wall, fence,
or planting screen that is not less than four feet (4') in height plus a
planting strip of four feet (4) minimum width or in an alternate
arrangement as approved by the Commission.
Suitable landscaping and ground cover shall be provided and maintained
on a continuing basis within the planting strip. Planting screens or
hedges shall not exceed two feet (2') in height where location is such that
sight lines are necessary for vehicular movement across pathways.
At least one tree of not less than three inches (3") diameter size class shall
be provided for every one thousand five hundred (1,500) square feet of
pavement area.
11. All property owners within three hundred feet (300') of the external
boundaries have been notified by mail, and their mailing addresses may be obtained
from the list on file with the Planning and Zoning Department.
12. The characteristics of the subject property which prevent compliance with
the requirements of the ordinance are that the subject property has a 40' irrigation
easement, as well as, a 20' sewer easement along the entire 260.05' on the southern
boundary and 167' on the western boundary. The Nampa & Meridian Irrigation
District will not approve any tree planting in their easement, nor will the City of
Meridian. However, the Nampa & Meridian Irrigation District will allow shrubbery to
be planted in their easement.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE /
BOB ALBRECHT AND WAYNE MCDONALD / VAR-00-016
Page 4 of 10
13. The minimum requirements of the ordinance that need to be reduced to
permit the proposed use would be the elimination of the requirement that one 3"
caliper tree shall be' provided for every 1,500 square feet of pavement area.
14. The difficulty or hardship which would result if the requirements of the
ordinance were applied to the subject property and the unusual or peculiar
circumstances which indicate that regulations of the ordinance should not be strictly
complied with, and the special conditions and circumstances that exist, are that the
irrigation and sewer easements comprise 16,582 square feet, or approximately 38% of
the total parcel, and approximately 71% totals the paved area and sidewalk, or
approximately 23,501 square feet. Therefore, with the restrictions of the Irrigation
District and City, as well as paving required by the City, it would be impossible to
comply with said ordinance. The large portion of the property that is dedicated to
sewer and irrigation easements are indeed unique when compared to other properties of
the same size.
15. A literal interpretation of the provisions of the ordinance, along with the
paving requirements, would deprive the Applicant of rights commonly enjoyed by other
properties in the District. Under the terms of the ordinance by further reducing
useable building space, as a result of the easements, the building space available on the
property has already been reduced by approximately 5,950 square feet or 30% of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 10
ORDER OF DECISION GRANTING A VARIANCE /
BOB ALBRECHT AND WAYNE MCDONALD / VAR-00-016
total project potential, when likened to other comparable properties.
16. The existence of special circumstances or conditions affecting the
property are that the existing special conditions and easements of the property are not
a result of actions by the applicant.
17. Granting the variance would maintain rights which would be afforded to
others in the same situation.
18. The Comprehensive Plan for the I-L District is to provide for light
industrial development and opportunities for employment of Meridian citizens and
area residents and reduce the need to commute to neighboring cities; to encourage the
development of manufacturing and wholesale establishments which are clean, quiet and
free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare
and that are operated entirely or almost entirely within enclosed structures; to
delineate areas best suited for industrial development because of location, topography,
existing facilities and relationship to other land uses.
19. The variance would allow the applicant to maximize the potential site in
order to generate a fair return on investment and to offset the cost of the land and
development costs.
20. The granting of the requested variance will not be detrimental to the
public's welfare or injurious to other property in the area of the proposed plat, and, in
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 10
ORDER OF DECISION GRANTING A VARIANCE /
BOB ALBRECHT AND WAYNE MCDONALD / VAR-00-016
fact, the development of the plat in accordance with the conditions of approval and the
requirements of the Subdivision Ordinance will prevent the conditions which are the
source of the complaints raised in the public hearing of this matter.
22. The granting of this variance will not have an effect of altering the interest
and purpose of. the Subdivision or Development Ordinance and/or the City's
Comprehensive Plan for the reasons stated above.
23. The applicant paid the fee established by the City Council for application
variance.
CONCLUSIONS OF LAW
1. The City of Meridian has authority pursuant to the enactment of the Local
Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the
provisions of Idaho Code § 67-6516 to provide as part of its zoning ordinance for the
process of applications for variance permits.
2. The City of Meridian has exercised its authority of Idaho Code § 67-6516
by the enactment as a part of its Zoning and Development Ordinance variances, as set
forth in Meridian City Code § 11-18.
3. That the requirements for the processing of a variance request are set forth
in Idaho Code §§ 67-6509, 6516 and Meridian City Code §§ 11-15-5 and 11-17-5.
4. Application and standards for variances are set forth in Meridian City Code
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 10
ORDER OF DECISION GRANTING A VARIANCE /
BOB ALBRECHT AND WAYNE MCDONALD / VAR-00-016
§ 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 dearly be imp
compliance with the requirements
· acticable and unreasonable, and a finding that strict
of the Zoning and Development Ordinance would result
in
extraordinary hardship to ti te owner, subdivider or developer because unusual
topography, the nature or conditi~
or other conditions that make su
the circumstances, or that the co
in inhibiting the achievements or
~n of adjacent development, or other physical conditions
ict compliance with the ordinance unreasonable under
~ditions and requirements of said ordinance will result
he objectives of the ordinance, and that the granting of
a specified variance will not be
property in the area in which the
the effect of altering the interest
and the Meridian Comprehensiw
5. Meridian City Co&
STREET PARIrdNG: SCRE
d .~trimental to the public's welfare or injurious to other
,roperty is situated, and that such variance will not have
~d purposes of the Zoning and Development Ordinance
Plan.
§ 1 1-13-4 B. 3., DESIGN STANDARDS FOR OFF-
:.NING, LANDSCAPING AND DRAINAGE,
SCREENING, and in the I-L zone if granted the re-zone, provides as follows:
1 1-13-4 B. 3.
a. Whenever a commercial off-street parking area is located in or adjacent to
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 10
ORDER OF DECISION GRANTING A VARIANCE /
BOB ALBRECHT AND WAYNE MCDONALD / VAR-00-016
a residential district, it shall be effectively screened on all sides which adjoin
or face any property used for residential purposes by a wall, fence, or
planting screen that is not less than four feet (4') in height plus a planting
strip of four feet (4) minimum width or in an alternate arrangement as
approved by the Commission.
bo
Suitable landscaping and ground cover shall be provided and maintained on
a continuing basis within the planting strip. Planting screens or hedges shall
not exceed two feet (2') in height where location is such that sight lines are
necessary for vehicular movement across pathways.
Co
At least one tree of not less than three inches (3") diameter size class shall
be provided for every one thousand five hundred (1,500) square feet of
pavement area.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby
Order and this does Order:
That the Applicant is hereby granted a variance from the screening
requirements for Lot 5 and part of Lot 6, Block 1, Meridian Business Park in the I-L zone,
and shall be required to plant ten (10) tree,and shrubbery along the southem boundary
border.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person who
has an interest in real property which may be adversely affected by the issuance or
denial of a variance authorizing a variance of the Screening Requirements in the I-L
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING A VARIANCE /
BOB ALBRECHT AND WAYNE MCDONALD / VAR-00-016
Page 9 of 10
Zone as provided in the Section 11-13-4 B. 3. 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
3 ep f e, , ooo.
ROLL CALL:
COUNCILMAN RON ANDERSON
VOTED
day of
COUNCILMAN KEITH BIRD
COUNCILPERSON TAMMY deWEERD
COUNCILPERSON CHERIE McCANDLESS
VOTED
VOTED
VOTED
MAYOR ROBERT O. CORRIE (TIE BREAKER)
DATED: ~--:~- gS/O
VOTED
MOTION:
APPROVED:
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and the City Attorney office.
.,6~'.' e,~ ~'..'",,,
By: ~ . Dated: ~'- City Clerk
~Z:XWork~di~ 15360~lb~cht McDonald V~016~ s~t '~
F~GS OF FACT ~ CONCLUSIONS OF LAW
O~ER OF DECISION G~T~G A V~CE /
BOB ~B~CHT ~ WA~ MCDON~D / V~-00-016
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