HomeMy WebLinkAboutCentennial Motors VAR-00-010
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
APPLICATION OF GEORGE S. )
FISHEL, FOR A VARIANCE IN )
THE PLANTING STRIP )
REQUIREMENTS FOR THE )
REDUCTION OF LANDSCAPING )
BUFFERS TO 20 FEET ON )
FRANKLIN ROAD AND 10 FEET )
ADJACENT TO THE )
RESIDENTIAL MOBILE HOME )
PARI(LOCATEDAT 225 WEST )
FRANKLIN ROAD, MERIDIAN, )
IDAHO )
07 -06-00
V AR-OO-O 1 0
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 July 5,2000, and Shari Stiles, Planning and Zoning Administrator, appeared
and testified, and appearing and testifying was the Applicant, George S. Fishel, 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 follows to~wit;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE /
GEORGE S. FISHEL I CENTENNIAL MOTORS / V AR-OO-OIO
Page 1 of 9
FINDINGS OF FACT
1. The City Council takes judicial 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 tlle Comprehensive Plan of the City of
Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps.
2. The requirements of Idaho Code SS 67-6509, 6516 and Meridian City
Code 99 11-15-5 and 12-11-3 as evidenced in the record of this matter.
3. The Applicant is George S. Fishel and Larree G. Fishel, whose address is
PO Box 673, Meridian, Idaho 83680-0673.
4. The owner of the property is George S. Fishel and Larree G. Fishel, whose
address is 16837 Rose Briar Ln., Nampa, Idaho 83687.
5. The location of the subject property is located in a General Retail and
Service Commercial (C-G) District at 225 West Franldin Road, 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 described as follows:
NE comer Section 13 T3NRIW; West 668.6 feet to Real Point of Beginning,
West 210.6 feet thence South 0028 00 West 435.6 feet thence West 100 feet
thence South 00 28 00 West 221.2 feet thence East 310.6 feet thence North 00
28 00 East 656.8 feet to Real Point of Beginning; and located at 225 West
Franldin Road, Meridian, Idaho. Total land area being approximately 3.684
acres more or less.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE /
GEORGE S. FISHEL / CENTENNIAL MOTORS / V AR-OO-OIO
Page 2 of 9
PAR #0356 of NE4NE4
SEC 13 3N IW
#0355-B
7. The present land use of subject property is presently zoned as (C-G)
General Retail and Service Commercial District which is being used as a used car
dealership.
8. The proposed land use of subject property is to remain the same as a used
car dealership.
9. That a vicinity map, attached hereto as Exhibit "A", 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 of the following provision of the Meridian
City Code, ~ 12-4-7 A., PLANTING STRIPS, and in the C-G zone, which provides as
follows:
12-4-7 A. PLANTING STRIPS:
Planting strips shall be required to be placed next to incompatible features such
as highways, railroads, commercial or industrial uses to screen the view from
residential properties. Such screening shall be a minimum of twenty feet (201)
wide, and shall not be a part of the normal street right of way or utility
easement.
II. All property owners within three hundred feet (3001) of the external
boundaries have been notified by mail, and their mailing addresses may be obtained
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE /
GEORGE S. FISHEL / CENTENNIAL MOTORS / V AR-OO-OlO
Page 3 of 9
from the list on file with the Planning and Zoning Department.
12. There are no characteristics of the subject property which prevent
compliance with the requirements of the ordinance.
13. The minimum requirements of the ordinance that need to be reduced to
permit the proposed use would be that the detailed landscaping would need to be 10-
feet to be landscaped along the fence on the east side next to the Mobile Home Park.
14. The unusual or peculiar circumstances which indicate that regulations of
the ordinance should not be strictly complied with, Staff comments are that the site
contains no unusual topography or natural features prohibiting compliance.
15. The existence of special circumstances or conditions affecting the
property, is that, the Applicant notes the cars would be displayed along the fence on
the east side adjoining the trailer park and will not be running any length of time. No
smokers or cars with harmful emissions will ever be parked along the wall. All cars are
pulled to the front of the building before a demo ride. The proposed landscaping plan
includes the same amount of trees required by the City along vvith grass, sprinkler
systems, and concrete curbing assuring the set back.
Staff comments are that there does not appear to be any special circumstances
on the parcel that would make landscape buffers impracticable or unreasonable (i.e.
tllere are no utility or irrigation easements that must be kept open or excessive slopes
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE I
GEORGE S. FISHEL / CENTENNIAL MOTORS / V AR-OO-OIO
Page 4 of 9
that would prohibit plantings).
16. Granting the variance from the planting strip requirements along the
eastern boundary to 10-feet from the 20-foot requirement would maintain rights which
would be afforded to others in the same situation.
17. The variance from the planting strip requirements along the
eastern boundary to 10-feet from the 20-foot requirement would allow the owner to
maximize the potential site in order to generate a fair return on investment.
18. The granting of the requested variance from the planting strip
requirements along the eastern boundary to 10-feet from the 20-foot requirement will
not be detrimental to the public's welfare or injurious to other property in the area of
the proposed plat.
23. The granting of this variance rom the planting strip requirements along
the eastern boundary to 10-feet from the 20-foot requirement 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
I. The City of Meridian has authority pursuant to the enactment of the Local
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE /
GEORGE S. FISHEL / CENTENNIAL MOTORS / V AR-OO-OlO
Page 5 of 9
Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the
provisions of Idaho 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 authority of Idaho Code S 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 SS 67~6509, 6516 and Meridian City Code SS 11-15-5 and 11-17-5.
4. Application and standards for variances are set forth in Meridian City Code
S II ~ 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 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE I
GEORGE S. FISHEL I CENTENNIAL MOTORS IV AR-OO-OIO
Page 6 of 9
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, S 12-4-7 A., PLANTING STRIPS, and in the C~G
zone, which provides as follows:
12~4-7 A. PLANTING STRIPS:
Planting strips shall be required to be placed next to incompatible features such as
highways, railroads, commercial or industrial uses to screen the view from
residential properties. Such screening shall be a minimum of twenty feet (20')
wide, and shall not be a part of the nom1al street right of way or utility easement.
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 Applicant is hereby granted a variance from the planting strip
requirements along the eastern boundary to 10~feet from the 20-foot requirement for
Centennial Motors in the General Retail and Service Commercial District. Additionally,
the Franklin Road planting strip request of 20-feet from the 35-foot requirement is hereby
denied, as the front setback landscaping is a condition of an existing conditional use
permit, and therefore this matter cannot be addressed by a variance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE I
GEORGE S. FISHEL / CENTENNIAL MOTORS / V AR-OO-OlO
Page 7 of 9
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 Planting Strips in the C-G Zone as
provided in the Section 12~4-7 A. 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.
, c;d~
By action of the City Council at its regular meeting held on the ( CJ - day of
Jt+
,2000.
ROLL CALL:
COUNCILMAN RON ANDERSON
VOTED$A-
COUNCILMAN KEITH BIRD
VOTED~
COUNCILPERSON CHERIE McCANDLESS
VOTED*
VOTED $"'--'
COUNCILPERSON TAMMY deWEERD
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: (-18.-{){)
-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE /
GEORGE S. FISHEL I CENTENNIAL MOTORS I V AR-OO-OIO
Page 8 of 9
MOTION:
APPROVED:-r-+
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and the City Attorney office.
By: JldI"~,b~ 9
City Clerk
Dated:
1..-/8 ~(JO
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE!
GEORGE S. FISHEL! CENTENNIAL MOTORS IV AR-OO-010
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