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HomeMy WebLinkAboutHarks Corner VAR 02-012 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF VAN HEES ) PROPERTIES, LLC / HARKS CORNER, ) REQUEST FOR A VARIANCE TO THE ) LANDSCAPE ORDINANCE TO ) ALLOW CONFIERS IN THE ) LANDSCAPE BUFFER AT HARKS ) CORNER LOCATED AT THE ) SOUTHWEST CORNER OF SOUTH ) LINDER ROAD AND WEST ) FRANKLIN ROAD IN A C-C ZONE, ) MERIDIAN, IDAHO ) C/C 09-03-02 CASE NO. V AR-02-012 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION DENYING V ARlANCE 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, Larry Van Hees, and Jeffrey Hall, appeared and testified at the hearing, 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 FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. The applicant, Van Hees Properties, LLC, owner ofihe property located at the southwest comer of Linder and Franklin Roads, Meridian, Idaho, filed for a variance of the Page I of 7 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING V ARlANCE / VAN HEES PROPERTIES, LLC / HARKS CORNER (V AR-02-012) landscape ordinance, to allow conifer trees in the required street buffer, of the Meridian City Code at ~12-13-7-2. 2. Applicant, Van Hees Properties, LLC, seeks a variance of the minimum landscape ordinance to allow conifer trees in the required street buffer at Harks Comer. 3. The location of the subject property is located in a Community Business District (C- C) at the southwest comer of Linder and Franklin Roads, 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 is on file with the City Clerk's office. 5. It is found that there are no special circumstances or conditions affecting the property that makes the strict application of the provisions of this title impracticable or unreasonable. The approved landscape plan showed deciduous trees not conifers. The owner would have to remove conifer trees because they are prohibited and replace them with an approved tree species. The fact that a property owner has already planted trees that would be costly to replace does not constitute a special circumstance that makes application of the ordinance clearly unreasonable. 6. As stated above in number 5, it is found there are no special circumstances (due to unusual topography, nature or condition of adjacent development or any physical conditions) that make strict compliance unreasonable. The hardship is self-created and does not qualify for a variance by the standards of City Ordinance. 7. It is found that the requested variance will not be detrimental to the public's welfare FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / VAN HEES PROPERTIES, LLC / HARKS CORNER (V AR-02-012) Page 2 of 7 or injurious to other properties in the area. However, shadows from conifers in the landscape buffer could retard snow and ice melt on adjacent roadways. However, the goals and objectives ofthe Meridian City Code will be compromised should a variance be granted. 8. It is also found that the issuance of a variance for allowing conifers to be planted in the required street buffer will have the effect of altering the purpose and interest of the Zoning Ordinance. It is also found that the applicant can plant trees on the subject property that will meet all of the MCC requirements. 9. Meridian City Code, ~ 11-18-3, and in particular item 911-18-3 D, FINDINGS, and in the C-C zone, provides as follows: 11-18-3 D FINDINGS: A. That there are such special circumstances or conditions affecting the property that the strict application ofthe provisions of this Title would clearly be impracticable or unreasonable. B. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / VAN HEES PROPERTIES, LLC / HARKS CORNER (V AR-02-0 12) Page 3 of 7 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. 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 967-6516 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 ofIdaho Code ~ 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code 9 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code 9 67-6509, 6516 and Meridian City Code 9911-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code 9 11-18-2, and the findings which are required are set forth in Meridian City Code 9 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / V AN HEES PROPERTIES, LLC / HARKS CORNER (V AR-02-012) Page 4 of 7 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 and the Meridian Comprehensive Plan. 5. Pursuant to the staff and public testimony and action of the City Council at their September 3, 2002 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: 1. Pursuant to 9911-18-3 and 12-13-7-2 of the Meridian City Code, the Applicant is hereby denied the variance from the landscape ordinance to allow conifer trees in the required street buffer, at Harks Comer as per the decision of the City Council at their September 3, 2002, meeting, for the real property located at the southwest comer of Linder Road and West Franklin Roads, 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 9 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 from the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / VAN HEES PROPERTIES, LLC / HARKS CORNER (V A,R-02-012) Page 5 of 7 landscape ordinance to allow conifers in the landscape buffer at Harks Comer requirement of 12- 13-7-2, 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 /7~ay of ~~ ,2002. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCIL WOMAN CHERIE McCANDLESS VOTED~ COUNCILMAN WM. L.M. NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 9-/7-&2- MOTION: APPROVED~~ VOTED --- DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. By': J!~LJ~f CIty Clerk Dated: 9...-/ ff,,-p2.-- , '" Z:\Work\M\Meridian\Meridian 15360M\Harks Comer V AR02-012 Denial\FfClsDenyVariance.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION DENYING VARIANCE / V AN HEES PROPERTIES, LLC / HARKS CORNER (V AR-02-012) Page 6 of 7