HomeMy WebLinkAboutEisele, Rod & Sherry CUP
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BEFORE THE MERIDIAN CITY COUNCIL
IN THE MAITER OF THE
APPLICATION OF ROD &
SHERRIE EISELE, FOR A
VARIANCE FOR FROM THE
REQUIREMENT TO PLACE A
BUILDING A MINIMUM OF 1-
FOOT ABOVE THE ELEVATION
OF THE 100 YEAR FLOOD PLAIN
IN NORTH BALTIC PLACE,
MERIDIAN, IDAHO
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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 the 19th day of September, 2000, and the City Council having received the
transmittal to agencies and having received the variance application, having heard the
testimony presented, being fully advised in the premises does hereby make the following
Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit:
FINDINGS OF FACT
1.
The City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Title 11 Municipal Code of the City of Meridian
and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian
adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps.
2.
The requirements of Idaho Code §§ 67-6509, 6516 and §§ 11-2-416 E and
419 0 as evidenced in the record of this matter.
FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION
GRANTING A VARIANCE
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3.
The Applicants are Rod & Sherrie Eisele whose address is 645 Edgwood
Lane, Eagle, Idaho. The location of the subject property is in North Baltic Place in the
Meridian Business Park, Idaho.
4.
The proposed land use of subject property is to develop the subject property
in the following manner: Construction of a commercial building.
5.
That a schematic drawing, of which is attached to these findings marked
Exhibit "A" has been supplied.
6.
The Applicant requests a variance of the provisions of Section 11-11-3A2 of
the Floodplain Overlay District which requires that no structure shall be erected unless
the main floor is placed a minimum of I-foot above the elevation of the 100-year
floodplain. The elevation of the floodplain on-site is 2611 ft. The floor elevation of the
structure is only 2609.25 ft., nearly 2 feet below flood level (and 2.75 feet below the
required I-foot above flood elevation.)
11.
Cornell Larson testified representing the Applicant and GaI)' Smith
testified on behalf of the City of Meridian.
12.
The existence of special circumstances or conditions affecting the property are:
12.1 The applicant has stated that to raise the building above the flood
level, it would require filling three feet above the existing road,
requiring steep slopes contraty to "good engineering practices." In
addition, the proposed building "has the least number of construction
joints, solid concrete walls, the heaviest structural components and will
not rupture if contacted by floating debris."
FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION
GRANTING A VARIANCE
2
13.
Strict compliance with the requirements of § 11-11-3.A.2 of the Municipal
Code of the City of Meridian would result in extraordinaI)' hardship to the owner
because of the size of the site and the fact that the use is of a type that it would be less
impacted by flooding it flooding should occur.
14.
The granting of the requested variance will not be detrimental to the
public's welfare or injurious to other property in the area.
15.
The granting of this variance will not have an effect of altering the interest
and purpose of the floodplain Ordinance and or the City's Comprehensive Plan.
16.
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 ~f 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
§ 11-2-419 of the Municipal Code of the City of Meridian.
3.
That the requirements for the processing of a variance request are set forth in
Idaho Code §§ 67-6509,6516 and §§ 11-2-416E and 418E Municipal Code of the City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION
GRANTING A VARIANCE
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Meridian.
4.
Application and standards for variances are set forth in § 11-2-419B Municipal
Code of the City of Meridian, and the findings which are required are set forth in § 11-2-
419C, 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 årcumstances, 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 ptnposes of the Zoning and Development Ordinance and the Meridian Comprehensive
Plan.
5.
Section 11-11-3A2 of the Floodplain Overlay District requires that no
structure shall be erected unless the main floor is placed a minimum of I-foot above the
elevation of the l00-year floodplain. The elevation of the floodplain on-site is 2611 ft. The
floor elevation of the structure is only 2609.25 ft., nearly 2 feet below flood level (and 2.75
FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION
GRANTING A VARIANCE
4
feet below the required l.foot above flood elevation.)
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the Oty Council does hereby
Order and this does Order:
1.
That Rod and Sherrie Eisele are hereby granted a variance of the flood plain
ordinance subject to the following conditions:
1.2
1.3
1.4
1.5
1.1
The applicant shall provide proof of the structural integrity of the building to
the City of Meridian Building Department prior to issuance of building
permits.
The sewer and water systems shall be floodproofed and approved by the
District Health Dept. of the Department of Health and Welfare as per
Ordinance 11-11-3 A. 1. An engineer must certify that the floodproofing
requirement has been fulfilled as per Ordinance 11-1 1-3A.3. The applicant
is proposing to add shut.off valves to prevent seepage into the City sewer in
the event of a flood The engineer's certification that this requirement has
been met shall be submitted with the application for a Certificate of Zoning
Compliance, prior to building permits.
Materials that are buoyant, flammable, noxious, toxic or otherwise potentially
injurious if transported by floodwaters are prohibited as per Ordinance II-lI-
S.
All machinery and equipment that provide utility service to the building shall
be set a minimum of I-foot above the established base flood elevation.
A Flood Plain Development Permit from the Meridian Building Department
FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION
GRANTING A VARIANCE .
5
shall be required for this application.
1.6
The granting of approval of any structure or use shall not constitute a
representation, guarantee or warranty of any kind or nature of the City
governing body or the Commission, or by an officer or employee thereof of the
practicality or safety of any structure or use proposed and shall create no
liability upon or cause action against such public body, officer or employee for
any damage that may result pursuant thereto. (Ord. 430,4-2-1984).
1.7
It should be noted that this variance is granted spedflcally to this one project
and does not mean that other requests for variances from the Flood Plain
Overlay Ordinance will be granted to others.
FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION
GRANTING A VARIANCE
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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 may within twenty-eight (28) days after the date of this decision and order seel,
a judicial review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held October 3, 2000.
ROLL CALL:
COUNCILMAN RON ANDERSON
VOTED ~cc.
VOTED -$.. v.-
VOTED ~,
VOTED ~
COUNCILMAN KEITH BIRD
COUNCILMAN TAMMIE DeWEERD
COUNCILMAN CHERIE MCCANDLESS
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED -
MOTION: APPROVED:~ DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department and the Public
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FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION
GRANTING A VARIANCE
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