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Home My WebLink AboutImaging Cntr Radiol VAR 02-008BEFORE THE MERIDIAN CITY COUNCIL C/C 07-02-02 IN THE MATTER OF THE ) APPLICATION OF IMAGING ) CENTER RADIOLOGISTS, L.L.P., ) REQUEST FOR VARIANCE TO ADD ) AN ADDITIONAL SIGN ON A ) LARGE MEDICAL CLINIC AND ) RADIOLOGY CENTER BUILDING ) IN AN L-O ZONE, LOCATED AT 2929 ) EAST MAGIC VIEW DRIVE, ) MERIDIAN, IDAHO ) CASE NO. VAR-02-008 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 July 2, 2002, and Shari Stiles, Planning and Zoning Administrator, Jason Keeble, and Karen Noyes, appeared and testified, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / IMAGING CENTER RADIOLOGISTS, L.L.P. / (VAR-02-008) Page 1 of 7 1. The City of Meridian has authority pursuant to the enactment of the "Local Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code and in particular in 5 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 5 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code 5 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code 5 67-6509, 6516 and Meridian City Code 55 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code 5 11-18-2, and the findings which are required are set forth in Meridian City Code 5 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / IMAGING CENTER RADIOLOGISTS, L.L.P. / (VAR-02-008) Page 2 of 7 variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, § 11-18-3, and in particular item § 11-18-3 A and B, FINDINGS, and in the L-O zone, which provides as follows: 11-18-3 FINDINGS: to 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. 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. STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. The applicant, Imaging Center Radiologists, L.L.P, and owner of the property located at 2929 E. Magic View Drive, filed for a variance from the requirements of Meridian City Code at § 11-14-9 F. 3. in order to install a second wall sign on the east side of their building that would be visible from S. Allen Street. 2. Applicant, Imaging Center Radiologists, L.L.P., seeks a variance of the sign FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / IMAGING CENTER RADIOLOGISTS, L.L.P. / (VAR-02-008) Page 3 of 7 requirements because their existing wall sign is visible only from E. Magic View Drive. 3. The location of the subject property is located in a Limited Office District (L-O) at 2929 E. Magic View Drive, 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 legal description is on file in the City Clerk's office at Meridian City Hall. 5. It is found that there are no special circumstances affecting the property that would make the strict application of the sign ordinance impractical or unreasonable. The applicant already has the ability to place at least four signs on the property; free-standing signs on both Magic View Drive and Allen Street and wall signs (existing) visible from Magic View Drive on the east side of the building and the north side of the building. The applicant can re-locate the existing wall sign to the north side of the building and that would allow for a new wall sign to be placed on the east side of the building, as requested, and then apply for two free standing signs if they need more signage. 6. It is found that the "L" shaped configuration of the subject lot does restrict the visibility and identification of the applicant's building when viewed from Allen Street. However, it is not found that the shape of the lot, or the physical conditions affecting the property is an extraordinary hardship. The applicant can apply for a free-standing sign on Allen Street that should alleviate any confusion with finding the applicant's building. No unreasonable specific circumstances and conditions that make strict compliance with MCC 11-14-9 F.3. are found, or that the conditions and requirements of this Title will result in inhibiting the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / IMAGING CENTER RADIOLOGISTS, L.L.P. / (VAR-02-008) Page 4 of 7 achievements or objectives of the Zoning Ordinance and Sign Ordinance. 7. It is found that the requested variance will not be 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 compromised should a variance be granted. 8. It is found that the issuance of a variance for the additional wall sign will have the effect of altering the purpose and interest of the Sign Ordinance. The Sign Ordinance provides for additional wall signs and free-standing signs that could be placed on site without the need for a variance. No justification can be found for allowing a variance to the Sign Ordinance when several options that comply with the Sign Ordinance exist. 9. Pursuant to the staff testimony and action of the City Council at their July 2, meeting, that the request for variance should be denied because no facts exist which satisfy the requirements ofMCC 11-14-9 F. 3. 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 § § 11-18-3 A and B and 11-14-9 F.3., which prohibits more than one wall sign on each side of a building used by a single tenant, and that there are no special circumstances affecting the property that would make the strict application of the sign ordinance impracticable or unreasonable, and that there no specific circumstances and conditions that make strict compliance to MCC 11-14-9 F. 3. unreasonable, or that the conditions and requirements of this Title would result in inhibiting the achievements or objectives of the Zoning Ordinance and Sign Ordinance, and lastly FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / IMAGING CENTER RADIOLOGISTS, L.L.P. / (VAR-02-008) Page 5 of 7 the Sign Ordinance would have to compromised if the variance was granted, the Applicant is hereby denied the sign variance as per the decision of the City Council at their July 2, 2002, meeting, for the real property located at 2929 E. Magic View Drive, Meridian, Idaho. 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 sign variance of MCC § 11-14-9 F.3. as provided for in MMC § 11-18, 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 ROLL CALL: COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS COUNCILMAN WM. L.M. NARY day of VOTED VOTED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / IMAGING CENTER RADIOLOGISTS, L.L.P. / (VAR-02-008) Page 6 of 7 MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ?"-[~"'--~.9 MOTION: APPROVED: (ff/tJ~~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attomey office. ,,,,,....,..,, ~'~ # ,,o": O!: M~:',,,,. · City Clerk ~ -- g t ' ~ g Z:XWorkX~MefidianXMefidian 15360MXlmaging Cntr Radiologists VAR02-008~lsDenyVafiance.doc ~OooOO~o ' xxx FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / IMAGING CENTER RADIOLOGISTS, L.L.P. / (VAR-02-008) Page 7 of 7