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Home My WebLink AboutDesigning Team VAR 02-011 BEFORE THE MERIDIAN CITY COUNCIL C/C 09-03-02 IN THE MATTER OF THE ) APPLICATION OF THE DESIGNING ) TEAM, INC., FOR A VARIANCE TO ) THE PARKING ORDINANCES AND ) LANDSCAPE ORDINANCE FOR THE ) DESIGNING TEAM SALON, ) LOCATED AT 1226 EAST 21/2 ) STREET, MERIDIAN, IDAHO ) V AR-02-011 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 September 3, 2002, and Brad Hawkins-Clark of the Planning and Zoning Department, Peggy Gillaspy, and Michael B. Morrison, 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: FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code ofthe City of Meridian and all current zoning maps thereof and the Comprehensive Plan ofthe City of Meridian adopted December 21, 1993 Ordinance #629 B January 4, 1994 and Maps. 2. The requirements ofIdaho Code S 67-6509,6516 and Meridian City Code SS 11-15-5 and 12-11-3 as evidenced in the record ofthis matter. FIl\DINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF D.ECISION GRANTING A VARIANCE / V AR-02-011 / THE DESIGNING TEAM SALON Page 1 of 7 3. The Applicant is The Designing Team, Inc., Meridian, Idaho. 4. The owners of record ofthe subject property are Calvin and Susan Reed, Meridian, Idaho. 5. The property located at 1226 East 21/2 Street, Meridian, Idaho is in an R-15 zone. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map, and is attached hereto as Exhibit "A" and consisting of one page, and as the legal description appears in the record of proceeds of this matter, and which is on file with the Meridian City Clerk's office. 7. The present land use of subject property is presently zoned as R-15, and which subject property is presently residential. 8. The proposed land use of subject property is to develop the subject property in the foUowing manner: a professional beauty salon. 9. That a vicinity map, attached hereto as Exhibit "A" and consisting of one page, 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. 10. The Applicant seeks a variance for the requirement of off street parking, screening, and minimum buffer widths, of the following provisions of the Meridian City Code, SS 11-l3-3D, 11-l3-4F, 11-l3-4B3a, and 12-13-12-4, which provides as follows: 11-13-3D Parking In Setback Area: When abutting another commercial use, parking shall be permitted within the setback area. When abutting residential uses, parking shall not be permitted in the setback area. 11-13-4F Off-Street Parking Design and Dimensional Tables: (The Table is attached hereto as Exhibit "B" and consisting of one page.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-02-011 / THE DESIGNING TEAM SALON Page 2 of 7 11-13-4Ba Whenever a commercial off-street parking area is located in or adjacent to a residential district, it shall be effectively screened on all sides which adjoin or face any property used for resiaential purposes by a wall, fence, or planting screen that is not less than four feet (4 ') in height plus a planting strip of four feet (4') minimum width or in an alternate arrangement as approved by the Commission. 12-13-12-4 Land Use Intensity Classifications: (The Table is attached hereto as Exhibit "C" and consisting of one page.) . II. All property owners within three hundred fe~t (300') of the external 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. It is found that the proposed use is a low imp~ct use and that the reduced parking stall and driveway aisle width dimensions for the parking lot proposed on the east side of the property , will only affect a small number of people within the general vicinity. In order to allow any development of the subject property, other than single family residential, special considerations will need to be made in order to provide reduced landscaping and parking standards. The re- development ofthe property within the old "Meridian Township" is supported, but strict application of the above ordinances would be impracticable. 13. The re-development ofthe smaller, older lots in the original Meridian Township is supported, but it is felt that strict compliance with the ordinances in this area would be impracticable and results would be a hardship to the owner of the prope~. 14. It is anticipated that the variance would not bF detrimental to the public's welfare or injurious to other properties in the area. 15. It is found that the issuance of a variances(s) for reducing parking standards and landscaping standards to allow the re-development of a srmill piece of property with a low impact , FINDINGS OF FACT AND CONCLUSIONS OF LAW AND _. ORDER OF DECISION GRANTING A VARIANCE / V AR-02-011 / THE DESIGNING TEAM SALON Page 3 of 7 use in the original "Meridian Township" would not have the effect of altering the purpose and , interest of the Zoning Ordinance. 16. The applicant paid the fee established by the City Council for application for a vanance. 17. The applicant shall comply with the Water Department conditions and requirements that if any landscaping is done, applicant shan keep any trees or shrubs 5' of the water meter. CONCLUSIONS OF LAW I. The City of Meridian has authority pursuant to the enactment ofthe Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and ill particular, by the provisions ofIdaho Code S 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 auth~rity ofIdaho Code S 67-6516 by the enactment as a part of its Zoning and Development Ordina!1ce variances, as set forth in Meridian City Code S 11-18. 3. That the requirements for the processing of l\ variance request are set forth in Idaho , Code S 67-6509, 6516 and Meridian City Code SS 11.15-5 land 11-17-5. 4. Application and standards for variances are sbt forth in Meridian City Code S 11-18- 2, and the findings which are required are set forth in Meridian City Code S 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 ! FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-02-0 II/THE DESIGNING TEAM SALON Page 4 of 7 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 variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance arid the Meridian Comprehensive Plan. 5. Meridian City Code, SS 11-13-3D, 11-13-4F; 11-13-4B3a, and 12-13-12-4, in theR- 15 zone if granted the variance from the parking and landsqape ordinances, provides as follows: 11-13-3D Parking In Setback Area: When abl.ltting another commercial use, parking shall be permitted within the setback area. When abutting residential uses, parking shall not be permitted in the 'setback area. , 11-13-4F Off-Street Parking Design and Dime!Isional Tables: (The Table is attached hereto as Exhibit "B" and consisting of one page.) 11-13-4Ba Whenever a commercial off-street parking area is located in or adjacent to a residential district, it shall be effecti~ely screened on all sides which adjoin or face any property used for residential purposes by a wall, fence, or planting screen that is not less than four feet (4 ') in height plus a planting strip of four feet (4') minimum width or in an alternate arrangement as approved by the Commission. 12-13-12-4 Land Use Intensity Classifications: (The Table is attached hereto as Exhibit "C" and consisting of one 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-02-011 / THE DESIGNING TEAM SALON Page 5 of 7 1. That the Applicant is hereby granted a variance for the requirement to the parking and landscape ordinance from the Meridian City Code, SS 11-13-3D, 11-13-4F, 11-13-4B3a, and 12-13- 12-4, in the R -15 zone for The Designing Team Salon based on the testimony at the Council hearing, and that the issuance of the variances for reducing parking standards and landscaping standards to allow the re-development of a small piece of property with a low impact use in the original "Meridian Township" would not have the effect of altering the purpose and interest ofthe Zoning Ordinance, but the applicant shall be required to comply with all of the above staff and agency conditions. 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 S 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 parking and landscape ordinances requirements in the R-15 zone as provided in the Meridian City Code, SS 11-13-3D, 11-13-4F, 11-13-4B3a, and 12-13-12-4, and may within twenty-eight (28) days after the date ofthis 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 /7-11:-: day of ~f~~ ,2002. ROLL CALL: COUNCILMAN KEITH BIRD VOTED flea-- COUNCILWOMAN TAMMY deWEERD VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-02-011 / THE DESIGNING TEAM SALON Page 6 of 7 COUNCILWOMAN CHERIE McCANDLESS VOTED$~ VOTED* COUNCILMAN WM. L.M. NARY ---. MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: t:f-/7-02-. MOTION: APPROVED: ~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. ByJ~~~~ City Clerk Dated: q--- /.~---() Z--- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / V AR-02-011 / THE DESIGNING TEAM SALON Page 7 of 7 ------- 1 (,) o - o o ~ o . ,-' ,-, l ' ' , ' \' I I" I tttaffijjtlffitlffi N MERIDIAN RD '\ L-- I- r l- I J , >-- ~ - r- MAIN ST en 0 0 rn (J) -I ~ '\ m 8 (J) 0 -I ~ [ '\ \ \-- - to - 3RD ST r 1E:, r- ..,- rn -< L ~ liT L-- 1 - '1 I----- , - \ \ " , - I 1'\ '\ ~, - )~ ~ '1--'\ " I~FjQ C ,\ 1 IL,- .. V \ - ~~bit. A" / );nIIH'- -- )' , "1\ ,tll tll ... m (1 ?O ~ o z ~ m E 2 1/2 ST I \: \:, ',I '" o m Cft - G') % - % G') -i <m Q~ %. - ~~ ;:~ 10m N' ~ - N ~ ~ ~ 11-13-4 11-13-4 Engineer. The following standards shall apply to all off-street parking lots: -' ,.::--;~;';'" 1. All lighting fixtures shall not be placed higher than thirty five feet (35') above the finished grade; 2. Fixtures shall be of the nons pill type and hooded to prevent glare; 3. Candle power per fixture shall be in accordance with the standards established by the City; and 4. Minimum security lighting shall be provided from eleven o'clock (11 :00) P.M. to sunrise as approved by the City Engineer. el D. Paving: All open off-street parking areas shall be paved in accordance with the standards established by the City. E. Striping: Parking spaces shall be marked with striping which outlines each parking space and designates direction of traffic in access aisles to and from public rights of way. All parking areas with a capacity over twelve (12) vehicles shall be striped with double lines six inches (6") both sides of center between stalls to facilitate the movement into and out of the parking stalls. (Ord. 430, 4-2-1984) F. Off-Street Parking Design And Dimensional Tables: e ~ PARALLEL 450 A. Width of parking space B. Length of parking space C. Width of driveway aisle ~~ ~ ::::J E ~ ~ ~ e 600 900 450 600 900 Parallel 10' 9' 9' 9' 15' 18' 19' 23' 13' 17' 25' 12' e City of Meridian G'xlt;h;f "B II / therefore the buffer must still be landscaped as per subsection B, even if a chainlink fence is provided. 12-13-12-4 Land Use Intensity Classifications: The table below is intended to provide a general classification of land use intensities for commonly proposed developments and is not a comprehensive list. If a land use is not listed, the intensity classification shall be determined by the Planning Director based upon the nearest use listed. Class I Class II Class III Class IV Class V Single Family Multi-Family Offices Restaurants Heavy Homes Dwellinlls Manufacturing Duplexes Child Care Neighbor. HoteVMotel Contractor , Centers Comm. Yards Golf Courses Libraries Middle General Retail Processing Schools Plants Cemeteries Senior Centers Hillh Schools, Grocery Stores Recycling Parks Nurseries/Greenh Personal Parking Garages ouses Services Elementary Quasi Public Warehouses Vacant Land Schools Uses zoned: Vacant Land Clinics Storage I-L zoned: Facilities R-2 Vacant Land, Indoor I zoned: Manufacturing R-3 R-15 Vacant Land zoned: , . ~! R-4 R-40 1-0 Vacant Land zoned: " R-8 CoN CoG, C-C 12-13-12-5 Minimum Buffer Widths The minimum buffer width between incompatible land uses is based on the following table: Ex.,h: b; t II C I, Landscape Ordinance - Finalllns/oo Page 30