Order Granting Appeal July 2002WHITE PETERSON
KEVIN E. DINIUS
JUL~E KLEIN FISCHER
WM. F. GIGRAY, Ill
T. GUY HALLAM*
D. SAMUEL JOHNSON
WILLIAM A. MORROW
WILLIAM F. NICHOLS*
CHRISTOPHER S. NYE
*Also admitted in OR
** Also admitted in WA
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
PHILIP A. PETERSON
ERICA S. PHILLIPS
ERIC S. ROSSMAN
TODD A. ROSSMAN
DAVID M. SWARTLEY
PAMELA J. TARLOW
TERRENCE R. WHITE**
NICHOLAS L. WOLLEN
ATTORNEYS AT LAW
830 N. MAIN STREET, SU1TE 200
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680-1150
TEL (208) 288-2499
FAX (208) 288-2501
NAMPA OFFICE
5700 E. FRANKLIN RD.,
SUITE 200
NAMPA, IDAHO 83653-8402
TEL. (208) 466-9272
FAX (208) 466-4405
PLEASE REPLY TO
MERIDIAN OFFICE
July 31, 2002
William G. Berg, Jr.
Meridian City Hall
33 East Idaho
Meridian, Idaho 83642
Re: WALT MORROW APPEAL - (AP-01-00)
Dear Will:
CIT'Y OF MERIDIAN
CITY Ci ~RK
Regarding the above referenced matter, please find enclosed the revised original of the ORDER
GRANTING APPEAL, OVERRULING PLANNING AND ZONING ADMINISTRATOR'S
DENIAL OF APPLICATION, for the City Council meeting to be held on August 6, 2002. I have
prepared the Order without the minutes from the July 23, 2002 meeting, as we have not yet received
those minutes to date. If the Findings are approved, please serve a certified copy of the ORDER
upon the Applicant, Planning and Zoning, Public Works Department, and the City Attorney.
If you have any questions please advise.
Enclosure
Z:\Work\M\Meridian\Meridian 15360M\Morrow Walt AP01-00 Stop Work Order\ClerkOrderAppea073102Memo.doc
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 9/04/01
C/C 9/18/01
C/C 10/02/01
C/C 07/23/02
IN THE MATTER OF THE APPEAL
OF THE PLANNING AND ZONING
ADMINISTRATOR'S DENIAL OF
APPLICATION FOR A STOP WORK
ORDER FOR 2340 WEST FRANKLIN
BY: WALT MORROW
CASE NO. AP-01-00
ORDER GRANTING APPEAL,
OVERRULING PLANNING
AND ZONING ADMINISTRATOR'S
DENIAL OF APPLICATION
This matter coming before the City Council on August 21,2001, and tabled until
September 4, 2001, September 18, 2001 and October 2, 2001, and July 23, 2002, at the hour of
6:30 o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, upon the appeal of
Walt Morrow, and the Council having received the Appeal Application Form, and the record in
this matter, and having heard the arguments and presentation of Shari Stiles, Planning and
Zoning Administrator and Daunt Whitman, City Building Official, and the Applicant, Walt
Morrow, and being fully advised in the premises issues the following Findings of Fact and
Conclusions of Law and Decision and Order:
FINDINGS OF FACT
Walt Morrow submitted for approval, to the Building Department, two sets of
plans and specifications for an accessory building to an existing land use at 2340
W. Franklin Road within an I-L zone, and Daunt Whitman of the Building
Department approved the plans and specifications as a residential accessory
building.
The Planning and Zoning Administrator's office placed a stop work order upon
the accessory building to an existing land use located at 2340 W. Franklin Road
upon the basis the Administrator determined that this building permit request did
not meet the criteria for an accessory building, and, issued concerns in an e-mail
ORDER GRANTING APPEAL, OVERRULING PLANNING
AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION -- 1
on October 4, 2000, on the project to Daunt Whitman, in which the Administrator
listed problems in the permit request for an accessory building to an existing land
use, and which items are addressed in the February 2, 2001 letter to Mr. Walt
Morrow from Gary Smith, Public Works Director, which included his opinion
that the building needed to be processed as a request for a Conditional Use
Permit, with the following additional concerns:
ao
bo
Annexation requirements for the property have not been met, including
making provisions for how the property will be served with sewer and
water and design review of all buildings.
The submitted building plans show expansion of a non-conforming use
regarding landscaping, paving, land use, etc.
Needed right-of-way dedication (sale) to ACHD for future widening of
Franklin Road will place this building location within the setback area as
set forth by City Ordinance.
Water supply is not available to meet Uniform Fire Code requirements.
ACHD impact fees need to be paid.
The comments of Joseph Silva, Deputy Fire Chief, Fire Prevention, were
reviewed by the Council and the following conditions are required:
Project Sulnmarv:
Proposed Use:
Building size:
Occupancy classification:
Type of Construction:
Storage:
Storage Building
8,750 square feet
S-2 (as determined by the Building Department)
Type III-N
Equipment & Livestock/Maternity Area
Public
1.
Water Suoolv Retluired When Available:
The Owner acknowledges that City water is not currently available to the
property, and that the water flow available from the Owner's well is
insufficient to meet the requirements of the Uniform Fire Code. The
Owner assumes the risk that may result from completion of construction
of the building, and any subsequent fire which may occur without
adequate fire protection. The water supply required by Appendix III-A of
the 1997 Uniform Fire Code given building size of 8,750 and construction
type of III-N would be 2,000 GPM for a 2-hour duration at a minimum
residual pressure of 20psi. Two fire hydrants are required to deliver this
flow and are typically spaced on 450' centers. The closest fire hydrant is
usually 250' from the driveway or point on the street. When a water main
is available to the E. Franklin Road frontage of Mr. Morrow's property, he
will be required to connect to City water, and install two hydrants (at his
cost).
ORDER GRANTING APPEAL, OVERRULING PLANNING
AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION -- 2
o
o
Other Miscellaneous Requirements:
1. Ensure that the address for this building is prominently posted and visible
from, and face towards, E. Franklin.
2. The address numerals shall be at least 6" tall and their color shall contrast
distinctly with their background.
Fire Extineuishers:
1. Portable fire extinguishers shall be installed in occupancies and locations as
set forth in this code and as required by the Chief. UFC 1002.1 Fire
extinguishers shall be of the 2A 10BC size and have the top of the
extinguisher hung 3' to 5' off the floor. The fire extinguishers locations shall
be by each front door, the travel distance shall not exceed 75' to a fire
extinguisher.
General Retluirements:
1. Storage shall not exceed 12' in height. UFC Section 209
2. Ceiling clearance shall be maintained at no less than 2' in unsprinkled
buildings. UFC 1103.3.2.2.
Additionally, any overlooked hazardous condition and/or violation of the Uniform
Building and Fire Code does not imply approval of such condition or violation.
If at some point the building, which is located within an I-L zone, is to be used
commercially, then at that point a permit for tenant improvements shall be
obtained and the process of a certificate of zoning compliance and the entire
process for commercial application review shall be followed, including all fire
codes for commercial zones shall be met.
Walt Morrow timely filed an appeal of the Administrator's determination and
decision for hearing before the City Council.
The accessory building would occupy an existing land use.
CONCLUSIONS OF LAW
The City ordinances provide at Meridian City Code Section 11-3-4 for an appeal,
hearing and review by the City Council of an order, requirement, decision,
interpretation or determination by the Planning and Zoning Administrator.
Good reasons exist for oven'uling the Administrator's decision.
ORDER GRANTING APPEAL, OVERRULING PLANNING
AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION -- 3
DECISION AND ORDER GRANTING APPEAL, OVERRULING PLANNING
AND ZONING ADMINISTRATOR'S DENIAL OF A STOP WORK ORDER AT
2340 W. FRANKLIN ROAD OF WALT MORROW
Based upon the above and foregoing Findings of Fact and Conclusions of Law IT
IS HEREBY ORDERED AND THIS DOES ORDER THAT:
The decision of the Planning and Zoning Administrator on the stop work
order for the accessory building by Walt Morrow is hereby overruled, and
the Applicant, Walt Morrow, is hereby allowed to continue the building
construction at the accessory building located next to his residence located
at 2340 West Franklin Road, Meridian, Idaho, if the conditions 2, 3 and 4,
below, are met.
The building shall only be used for storage and a loafing area for cattle.
Any expansion of use of this building will require a conditional use
permit.
3. The following fire protection conditions must be met:
Proiect Summary:
Proposed Use:
Building size:
Occupancy classification:
Type of Construction:
Storage:
Storage Building
8,750 square feet
S-2 (as determined by the Building Department)
Type III-N
Equipment & Livestock/Maternity Area
Public Water Suoolv Reauired When Available:
The Owner acknowledges that City water is not currently available to the
property, and that the water flow available from the Owner's well is insufficient
to meet the requirements of the Uniform Fire Code. The Owner assumes the risk
that may result from completion of construction of the building, and any
subsequent fire which may occur without adequate fire protection. The water
supply required by Appendix III-A of the 1997 Uniform Fire Code given building
size of 8,750 and construction type of III-N would be 2,000 GPM for a 2-hour
duration at a minimum residual pressure of 20psi. Two fire hydrants are required
to deliver this flow and are typically spaced on 450' centers. The closest fire
hydrant is usually 250' from the driveway or point on the street. When a water
main is available to the E. Franklin Road frontage of Mr. Morrow's property, he
will be required to connect to City water, and install two hydrants (at his cost).
Other Miscellaneous Rerluirements:
a. Ensure that the address for this building is prominently posted and visible
from, and face towards, E. Franklin.
b. The address numerals shall be at least 6" tall and their color shall contrast
distinctly with their background.
ORDER GRANTING APPEAL, OVERRULING PLANNING
AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION -- 4
Fire Extim~uishers:
Portable fire extinguishers shall be installed in occupancies and locations as set
forth in this code and as required by the Chief. UFC 1002.1 Fire extinguishers
shall be of the 2A 10BC size and have the top of the extinguisher hung 3' to 5' off
the floor. The fire extinguishers locations shall be by each front door, the travel
distance shall not exceed 75' to a fire extinguisher.
General Retluirements:
a. Storage shall not exceed 12' in height. UFC Section 209
b. Ceiling clearance shall be maintained at no less than 2' in unsprinkled
buildings. UFC 1103.3.2.2.
Additionally, any overlooked hazardous condition and/or violation of the Uniform
Building and Fire Code does not imply approval of such condition or violation.
If at some point the building, which is located within an I-L zone, is to be
used commercially, then at that point a permit for tenant improvements
shall be obtained and the process of a certificate of zoning compliance and
the entire process for commercial application review shall be followed,
including all fire codes for commercial zones be met.
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 denial of the appeal
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
,2002.
day of
ROLL CALL:
Councilman Bird Voted
Councilwoman deWeerd
Voted
Councilwoman McCandless
Voted
Councilwoman Nary
Voted
ORDER GRANTING APPEAL, OVERRULING PLANNING
AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION -- 5
Mayor Robert D. Corrie (Tie Breaker)
DATED:
Voted
MOTION:
APPROVED:
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
BY: DATED:
CITY CLERK
Z:\Work\M\Meridian\Meridian 15360MLMorrow Walt-AP01-00 Stop Work Order\Appeal Order. doc
ORDER GRANTING APPEAL, OVERRULING PLANNING
AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION -- 6