Loading...
HomeMy WebLinkAboutMt. View High School VAR-01-001BEFORE THE MERIDIAN CITY COUNCIL C/C 02/06/01 IN THE MATTER OF THE APPLICATION OF HUMMEL ARCHITECTS, FOR A VARIANCE TO ALLOW AN INCREASED BUILDING HEIGHT TO 57 FEET FROM THE EXISTING MAXIMUM BUILDING HEIGHT OF 35 FEET FOR THE NEW MOUNTAIN VIEW HIGH SCHOOL, LOCATED SOUTHEAST OF THE INTERSECTION BETWEEN LOCUST GROVE AND OVERLAND ROADS, MERIDIAN, IDAHO VAR-01-001 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 February 6, 2001, and Shad Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Scott Struber, of Hummel Architects, 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 make the following Findings of Fact and Conclusions of Law and Order of Decision, as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-001 HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 1 of 9 follows to-wit: FINDINGS OF FACT 1. The City Council takes iudicial notice of its Zoning, Subdivisions 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 - lanuary 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 Hummel Architects, P.A. c/o Paul Hooghldrk, whose address is 802 W. Bannock St., Ste. 700, Boise, Idaho 83702. 4. The owner of the property is Joint School District No. 2 c/o Wendi Bigham, whose address is 911 Meridian St., Meridian, Idaho 83642. 5. The location of the subiect property is located in the Low Density Residential District (R-4) southeast of the intersection between Locust Grove and Overland Roads, 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 on file with the Meridian City Clerk's office. 7. The present land use of subiect property is presently zoned as (R-4) Low FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-001 HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 2 of 9 Density Residential District and is farmland. 8. The proposed land use of subject property is for a new high school for Meridian to be lmown as Mountain View High School. 9. The Applicant seeks a variance of the following provision of the Meridian City Code § 11-9-1, Zoning Schedule of BulkAnd Coverage Controls from the maximum building height of 35' to 57', as they cannot comply with the City Code due to the nature of certain space heights (gymnasium, auditorium), which are necessary to the design and function of a high school. In order to provide a gymnasittm and auditorium space for the high school, it would be necessary to have the building height requirement increased to a maximum height of 57'. 9. That a vicinity map, which appears on record with the Meridian City Clerk's office, 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. iO. The Applicant seeks a variance of the following provision of the Meridian City Code, {} 11-9-1, ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS, in the R-4 zone, and which is attached hereto as Exhibit "A", and consisting of one (1) page. 11. All property owners within three hundred feet (300') of the external FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-001 HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 3 of 9 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 nature of certain space heights (gymnasium, auditorium), which are necessary to the design and function of a high school. 13. The minimum requirements of the ordinance that need to be reduced to permit the proposed use would be the elimination of the requirement of the 35' minimum building height and allow a building height for the gymnasium of 57'. 14. The difficulty or hardship which would result if the requirements of the ordinance were applied to the subject property is that if the requirements of the ordinance are applied to the project, it would be impossible to provide two functionai elements which are crucial to the design of a high school; gymnasium and auditorium. 15. The unusual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied with are the requiring the new high school building to exceed the maximum allowable height, is the requirement for a gymnasium and an auditorium. These spaces require higher interior clearance than can be attained within the limits mandated by a 35' limit. 15. The special conditions and circumstances that exist are the nature of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-001 HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 4 of 9 particular spatial requirements for a high school are not applicable to other buildings in the same district. 16. A literal interpretation of the provisions of the ordinance would deprive the developer because other properties in the same district are able to incorporate spaces necessary for their function, by the terms of the ordinance. A literal interpretation of the height ordinance would deprive the applicant of the right to incorporate necessary spaces. 17. The existence of special circumstances or conditions affecting the property is that a high school facility by its very nature, is a taller structure than the 35' allowed in the R-4 zone, which is not a result of the applicant's action. ! 8. Granting the variance would maintain rights which would be afforded to others in the same situation. 19. The Comprehensive Plan for the Low Density Residential District (R-4) is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling traits per acre and requires connection to the Municipal water and sewer systems of the City. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-001 HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 5 of 9 20. The variance would allow the owner to construct an educational building that would be functional for the Meridian area students. 2 I. 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 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. 23. 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. 24. 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, Tide 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 F1ND1NGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-001 HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 6 of 9 forth in Meridian City Code § I 1-18. 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 § 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 malce strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will resuk 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 Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, § 11-9- I, ZONING SCHEDULE OF BULK AND FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-001 HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 7 of 9 COVERAGE CONTROLS, in the R-4 zone, and which is attached hereto as Exhibit "A", and consisting of one (1) page. 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. That the Applicam is hereby granted a variance from the Zoning Schedule of Bulk and Coverage Controls from the 35' requiremem to 57' for the construction of the new Mountain View High School for Meridian in the R-4 zone, and this variance shall include the football field outdoor lighting. 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 Zoning Schedule of Bulk and Coverage Controls in the R-4 Zone as provided in the Section 11-9-1 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 ~--~5~ day of ,200 . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-01-001 HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS VOTED VOTED VOTED VOTED~ MAYOR ROBERT D. CORRIE (TIE BKEAKER) DATED: ~2 --2.-~--O { VOTED MOTION: APPROVED:~ DISAPPROVED: City Clerk S~j~.~ewed uvcm Avrdicam, the Plamaine and Zoning Department, Public Works merit, mm me tnty Attorney omcef. Dated: SEAL msg/Z:\Work~M~el eridian~vl eridian 15360M~Mt. View High School VAR014)01 ~FIClsCaantVadan ce FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-001 HUMMEL ARCHITECTS - MT. VIEW HIGH SCHOOL Page 9 of 9