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HomeMy WebLinkAboutAmeritel Inn VAR-00-019BEFORE THE MERIDIAN CITY COUNCIL C/C 03-20-01 IN THE MATTER OF THE APPLICATION OF B AND A DEVELOPMENT / AMERITEL, REQUEST FOR VARIANCE TO EXCEED THE MAXIMUM BUILDING HEIGHT OF 35 FEET AND REDUCE THE 30 FOOT SETBACK REQUIREMENT TO 20 FEET ALONG 63 FEET OF THE ONE STORY SECTION OF THE BUILDING, LOCATED AT EAGLE ROAD NORTH OF 1-84, MERIDIAN, IDAHO CASE NO. VAR-00-019 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 March 20, 2001, and Shari Stiles, Planning and Zoning Administrator, appeared and testified at the hearing, and appearing and testifying on behalf of the applicant were: Byron Smith, Kris Korte, and Jonathan Seel, and appearing and testifying in favor of the application were: Dave Pearcey, Bette Pearcey, Randy Winn and Donn Reiswig, and appearing and testifying with comments/concerns or in opposition were: Rick Seger, Gary Childe, Michael Lloyd, and Charles Horel, and the City Council having received the transmittal to agencies FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION DENYING VARLANCE / B AND A DEVELOPMENT / AMERITEL (VAR-00-019) Page 1 of 7 and having received the variance application, having heard the testimony presented, being frilly 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 [udicial Notice: The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 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 § 67-6516 to provide as part of its zoning ordinance for the process of applications for variance pemfits. 2. The City of Meridian has duly 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 § 11-18-2, and the findings wkich 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 F1NDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 7 ORDER OF DECISION DENYING VARIANCE / B AND A DEVELOPMENT / AMERITEL (VAR-00-019) 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 cimumstances, 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 hi 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, § 11-9-1, ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS, MHNIMUM YARD SETBACK REQUIREMENTS, a copy of Milch is attached hereto as Exhibit "A", consisting of two pages, and incorporated herein as if set forth in full hereat, for the L-O zone. STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. The applicant, B and A Development, of 10200 West Emerald, Boise, Idaho 83704, is the owner of the property located at Eagle Road north ofi-84, filed for a variance of the maximum building height and to reduce the 30 foot setback requir~anents at Meridian City Code § 11-9-1. 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / B AND A DEVELOPMENT / AMERITEL (VAR-00-019) Applicant, B and A Development, seeks a variance of the maximum building height Page 3 of 7 and to reduce the 30 foot setback requirements because applicant seeks to exceed the maximum building height of 35 feet and to reduce the 30 foot setback requirement to 20 feet along 63 feet of the one story section of the building at the property located at Eagle Road north of 1-84. 3. The location of the subject property is located as stated in number 2 directly above, and is located in a Limited Office District (L-O) at Eagle Road north of 1-84, 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 is on file and record with the Meridian City Clerk's office. 5. Pursuant to action of the City Council at their March 20, 2001, meeting, that the request for variance should be denied. 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: I. Pursuant to § 11-9-1 of the Meridian City Code, the Applicant is hereby denied the request to exceed the maximum building height of 35 feet and for the reduction of a 30 foot setback variance, due to the location of the nearby residential subdivision and due to the fact the conditional use permit application, Case No. CUP- 00-053 in this proiect, was denied, and as per the decision of the City Council at their March 20, 2001, meeting, for the real property located at Eagle Road north of I-8Z}, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION DENYING VARIANCE / B AND A DEVELOPMENT / AMERITEL (VAR-00-019) Page 4 of 7 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 maximum building height and for a setback reduction variance of 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 ofthe City Councilatitsregularmeeting held on the ~ ,2001. of ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS MAYOR ROBE.~T~ D.~CORRI. E (TIE BREAKER) DATED: Zjg ~_~ a/ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / B AND A DEVELOPMENT / AMERITEL (VAR-00-019) day VOTED_~ VOTED_~ VOTED VOTED VOTED Page 5 of 7 MOTION: APPROVED~~''~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. Dated: \~qPA_NTS40_PDC~SERVER_Z~Wor k~vl~vler idian~vler id[ an 15360M~meritelCUP053 VAR019~ fClsDenyVariance.doc F1NDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION DENYING VARIANCE / B AND A DEVELOPMENT / AMERITEL (VAR-00-019) Page 6 of 7 z >- 'T