Van Auker, Ronald VAR 02-014BEFORE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE REQUEST
FOR APPROVAL OF A VARIANCE
FROM MCC 12-03-O1A, TO ALLOW
THE APPLICANT TO PERFORM A
12-ACRE LOT-SPLIT, LOCATED AT
2170 FRANKLIN ROAD, MERIDLAN,
IDAHO,
BY: RONALD W. VAN AUKER
APPLICANT.
Case No. VAR-02-014
C/C 09/17/02
FIIVDINGS 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 17, 2002, and Brad Hawkins-Clark of the Planning and Zoning Department, Steve
Siddoway, Brad Miller, Erma Atkinson, and Steve Sedlacek, appeared and testified, and the City
Council having received the transmittal to agencies and having received the variance application,
having heazd 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
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 the Comprehensive Plan of the City ofMeridian adopted December 21,1993 Ordinance
#629 B January 4, 1994 and Maps.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 7
ORDER OF DECISION GRANTING AVARIANCE / VAR-02-014
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 Ronald W. Van Auker, Meridian, Idaho.
4. The owners of record of the subject property is Ronald W. Van Auker, Meridian,
Idaho.
5. The property is located at 2170 W. Franklin Road, Meridian, Idaho is in an I-L 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 three
pages, 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 subj ect property is presently zoned as I-L, and which subject
property is presently light industrial.
8. The proposed land use of subject property is to develop the subject property in the
following manner: anew SSC headquarters.
9. That a vicinity map, attached hereto as Exhibit "A"and consisting of three pages, 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 from MCC § 12-03-O1A, requiring the subdivision of
land to follow the subdivision procedure, to allow the applicant to perform a 12-acre lot-split without
being required to follow the established subdivision procedure, which provides as follows:
12-03-O1A Subdivision Approval Required: Plat Approval and Filing: Any person
desiring to create a "subdivision" as herein defined shall submit all necessary
applications to the Administrator. No final plat shall be filed with the County
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 7
ORDER OF DECISION GRANTING AVARIANCE / VAR-02-014
Recorder or improvements made on the property until the plat has been acted
upon by the Commission and approved bythe Council and all costs and feew
have been paid. No lots shall be sold, transferred, or constructed upon until
the plat has been recorded in the office ofthe County Recorder and a certified
copy thereof has been returned to the Administrator. (Ord. 430, 4-2-1984)
11. All property owners within three hundred feet (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 i s found that there are such special circumstances or conditions affecting the
property that the strict application of the subdivision process for this lot split is unreasonable due to
time constraints and the fact that this is the creation of just one additional lot.
13. Based on the fact that SSC's existing location is inadequate and has recently been
deteriorated by a fire, strict compliance with the requirements of Title 12 would be unreasonable due
to the applicant's circumstances and need for a new facility within Meridian.
14. It is anticipated that the variance would not be detrimental to the public'swelfare or
injurious to other properties in the area.
15. It is found that the issuance of a variances(s) fora 12-acre lot-split will not violate the
intent and purpose of the Meridian City Code and the Comprehensive Plan.
16. The applicant paid the fee established by the City Council for application for a
variance.
17. The applicant shall comply with the following conditions:
a. Compliance with all other City Ordinances in effect at time of development;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 7
ORDER OF DECISION GRANTING AVARIANCE / VAR-02-014
b. The future subdivision of the remaining 30-acre and 12-acre pazcels will be
required to be processed through the subdivision ordinance;
c. The d edicafion o f a ny p ublic r oadways s hall b e t hrough t he subdivision
ordinance and procedures;
d. Water and sewer connections to the subject property shall be coordinated with
the Public Works Department;
e. Adopt the Recommendations of the Nampa & Meridian Irrigation District
as follows:
1) A Land Use Change/Site application shall be filed. Please contact
Ms. Donna Moore, Asst. Secretary/Treasurer at the District's main office at 466-7861.
2) All laterals and waste ways shall be protected and all municipal
surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa
& Meridian Irrigation District must review drainage plans. The developer shall comply with
Idaho Code § 31-3805. It is recommended that imgation water be made available to all
developments within the Nampa & Meridian Irrigation District.
Adopt the Recommendations of the Meridian Fire Department as follows:
The following shall be the requirements and/or concerns to provide minimum levels of
fire protection for the proposed project:
1) That afire-flow consistent with Appendix III-A of the Uniform
Fire Code be provided to service the entire project. Fire hydrants shall be place an average of
400' apart. 1997 UFC Appendix III-A
2) Operational fire hydrants and temporary or permanent street signs
are required before combustible construction begins. UFC 901.4.2 & 901.3
3) Acceptance of the water supply for fire protection will be by the
Meridian Water Department.
a. Final approval of the fire hydrant locations shall be by the
Meridian Fire Department.
b. All radii shall be 28' inside and 48' outside radius.
c. Insure that all yet undeveloped parcels are maintained free
of combustible vegetation per section 1103.2.4 of the Uniform Fire Code.
d. The roadways shall be built to Ada County Highway
Standards with a clear minimum street width of 20' available at all times. UFC 902.2.1
e. It would be recommended that the project road system be
interconnected with the Mazcon Project to provide secondary access for both developments.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 7
ORDER OF DECISION GRANTING AVARIANCE / VAR-02-014
f. It is recommended that the demolished farm buildings
located on the property at 2170 West Franklin be removed. UFC 1110.2
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, Title 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 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 fmdings which aze required aze 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 ofthe 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 a specified
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 0£ 7
ORDER OF DECISION GRANTING AVARIANCE / VAR-02-014
variance will not be detrimental to the public's welfaze 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.
Meridian City Code § 12-03-O1A, in the I-L zone if granted the variance from the
subdivision ordinances, provides as follows:
12-03-O1A Subdivision Approval Required: Plat Approval and Filing: Any person
desiring to create a "subdivision" as herein defined shall submit all necessary
applications to the Administrator. No final plat shall be filed with the County
Recorder or improvements made on the property until the plat has been acted
upon by the Commission and approved by the Council and all costs and feew
have been paid. No lots shall be sold, transferred, or constructed upon until
the plat has been recorded in the office of the County Recorder and a certified
copy thereof has been returned to the Administrator. (Ord. 430, 4-2-1984)
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 for the requirement to the subdivision
ordinance from the Meridian City Code § 12-03-O1A 4, in the I-L zone for Ronald W. Van Auker
based on the testimony at the Council hearing, and that the issuance of the variances for the 12-acre
lot-split to allow the development of SSC headquarters would not have the effect of altering the
purpose and interest of the 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 § 67-6521 an affected person being a person who has an interest in real
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 7
ORDER OF DECISION GRANTING AVARIANCE / VAR-02-014
property which maybe adversely affected by the issuance or denial of a variance authorizing a
variance of the parking and landscape ordinances requirements in the I-L zone as provided in the
Meridian City Code, § 12-03-O1A, 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 (S/ day of
OGT ~'~'P~`' .2002.
ROLL CALL:
COUNCILMAN KEITH BII2D
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
COUNCILMAN WM. L.M. NARY
VOTED~~--
VOTED~~-
VOTED~~-
VOTED ~ ~
MAYOR ROBE~RjT D. CORRIE (TIE BREAKER) VOTED
DATED: !(/ ~~ -Q7 `y
MOTION
APPROVED: DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public ~l~~r~11117~~``
and the City Attorney office. `~.~`~ ~~
G ~2f'~~~rFO
By ~ /~~ Dated:
ity Clerk
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING AVARIANCE / VAR-02-014
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Page 7 of 7
i~r `i
BEFORE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 09-17-02
IN THE MATTER OF THE
REQUEST FOR APPROVAL OF A
VARIANCE FROM MCC 12-03-O1A,
TO ALLOW THE APPLICANT TO
PERFORM A 12-ACRE LOT-SPLIT,
LOCATED AT 2170 FRANKLIN
ROAD, MERIDIAN, IDAHO,
Case No. VAR-02-014
ORDER GRANTING VARIANCE
BY: RONALD W. VAN AUKER
APPLICANT.
This matter coming before the City Council on the 17~' day of September, 2002, under the
provisions of Meridian City Code § 12-11-2, Variances, for final action upon the applicant's request
for approval to perform a 12-acre lot-split without being required to follow the established
subdivision procedure, the Council recommends approval ofthe variance request, with the following
conditions:
1. Compliance with all other City Ordinances in effect at time of development;
2. The future subdivision of the remaining 30-acre and 12-acre parcels will be required
to be processed through the subdivision ordinance;
3. The dedication of any public roadways shall be through the subdivision ordinance and
procedures;
4. Water and sewer connections to the subject property shall be coordinated with the
Public Works Department;
ORDER GRANTING VARIANCE - 1
(VAR-02-014)
5. Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
a. A Land Use Change/Site application shall be filed. Please contact Ms.
Donna Moore, Asst. Secretary/Treasurer at the District's main office at 466-7861.
b. All laterals and waste ways shall be protected and all municipal surface
drainage shall be retained on site. If any surface drainage leaves the site, the Nampa & Meridian
Irrigation District must review drainage plans. The developer shall comply with Idaho Code § 31-
3805. It is recommended that imgation water be made available to all developments within the
Nampa & Meridian Irrigation District.
6. Adopt the Recommendations of the Meridian Fire Department as follows:
The following shall be the requirements and/or concerns to provide minimum
levels of fire protection for the proposed project:
a. That afire-flow consistent with Appendix III-A of the Uniform Fire Code
be provided to service the entire project. Fire hydrants shall be place an average of 400' apart.
1997 UFC Appendix IiI-A
b. Operational fire hydrants and temporary or permanent street signs are
required before combustible constmction begins. UFC 901.4.2 & 901.3
c. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
d. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
e. All radii shall be 28' inside and 48' outside radius.
ORDER GRANTING VARIANCE - 2
(VAR-02-014)
f. Insure that all yet undeveloped parcels are maintained free of combustible
vegetation per section 1103.2.4 of the Uniform Fire Code.
g. The roadways shall be built to Ada County Highway Standazds with a
clear minimum street width of 20' available at all times. UFC 902.2.1
h. It would be recommended that the project road system be interconnected
with the Marcon Project to provide secondary access for both developments.
i. It is recommended that the demolished farm buildings located on the
property at 2170 West Franklin be removed. UFC 1110.2
IT IS HEREBY ORDERED that the request of the Applicant for approval to perform a 12-
acre lot-split without being required to follow the established subdivision procedure, is approved.
By act~~ion// of/the City Council at its regular meeting held on the ~ day of
DC~P'!Y~ , 2002.
Come, Mayor City of Meridian
Copy served upon Applicant, the Plannin~~,dviiouy}~~ Department, Public Works Department and
City Attorney. `1`~.~~y C}f q/,i~~~6
~ `~ ''
By:~'~
City Clerk
- Z-0 Z
ts~ :
cm\Z:\Work\M\MeridianN~Ieridian 15360M1VAN
ORDER GRANTING VARIANCE - 3
(VAR-02-014)