HomeMy WebLinkAboutEnterprise Rent-A-Car AppealBEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
06-07-00
IN THE MATTER OF THE APPEAL )
OF THE PLANNING AND ZONING )
ADMINISTRATOR'S DENIAL OF )
APPLICATION FOR A RENTAL CAR )
FACILITY ON SOUTH MERIDIAN ROAD)
)
)
BY: TIM BEVER )
)
ORDER GRANTING
APPEAL, OVERRULING
PLANNING AND ZONING
ADMINISTRATOR'S
DENIAL OF APPLICATION
AND ORDER OF REMAND
This matter coming before the City Council on June 6, 2000, at the hour of
7:30 o'dock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, upon
the appeal of Tim Bever, and the Council having received the Appeal Application
form, and the record in this matter, and having heard the arguments and presentation
of Shaft Stiles, P10aming and Zoning Administrator, and Tim Beret, the Applicant,
and being fully advised in the premises issues the following Findings of Fact and
Conclusions of Law and Decision and Order:
FINDINGS OF FACT
1. Tim Beret submitted for approval, to the Planning and Zoning
Administrator, an application for a rental car facility on South Meridian Road located
~vithin a C-G zone.
ORDER GRANTING APPEAL, OVER-RULING OF PLANNING - PAGE 1 OF 5
AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION
AND ORDER OF REM~D (By: Tim Beger)
2. The Planning and Zoning Administrator's office denied the application
for a rental car facility on South Meridian Road upon the basis that a conditional use
permit would be required for a rental facility as it is not listed in the Zoning Schedule
of Use Control.
3. Tim Bever timely filed an appeal of the Administrator's determination
and decision for hearing before the City Council.
4. The rental car facility would occupy the existing building as Enterprise
Rent-A-Carl as their leasing office, and use the back portion of the building for
storage of the rental cars. No car sales shall be permitted or conducted upon the
premises. Additionally, no vehicles shall be parked in the front of the building.
5. Subject to the conditions of Finding no. 4, herein, the proposed use of a
rental car facility does not require a conditional use permit within a C-G zone and
therefore the decision of the Administrator of denial is overruled.
CONCLUSIONS OF LAW
1. The City of Meridian has duly enacted the following ordinance
provisions regulating rental facilities as follows:
1.1 The rental facilities shall be expressly prohibited in all districts
except as otherwise provided by this Ordinance.
2. The City ordinances provide at Meridian City Code § 11-3-4 for an
ORDER GRANTING APPEAL, OVER-RULING OF PLANNING - PAGE 2 OI~ 5
AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION
AN~) ORDEROF PmMANO (By: Tim Bever)
appeal, hearing and review by the City Council of an order, requirement, decision,
interpretation or determination by the Planning and Zoning Administrator.
DECISION AND ORDER GRANTING APPEAL, OVERRULING PLANNING
AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION FOR A
RENTAL CAR FACILITY ON SOUTH MERIDIAN ROAD OF TIM BEVER
AND ORDER OF REMAND
Based upon the above and foregoing Findings of Fact and Conclusions of Law
IT IS HEREBY ORDERED AND THIS DOES ORDER THAT:
1. The decision of the Planning and Zoning Administrator of denial of the
rental car facility is based upon the grounds that a conditional use permit would be
required for a rental car facility as it is not listed in the Zoning Schedule of Use
Control and under the provisions of Meridian Zoning and Development Ordinance
11-6-4 which states as follows:
"USES NOT SPECIFICALLY PERMITTED OR LISTED IN DISTRICTS
1. When a use is not specifically listed as a permitted use, such use shall be
hereby expressly prohibited unless by application and authorization (as
provided for under Conditional Use) it is determined that said use is
similar to and compatible with listed permitted uses. Such uses may
then be permitted as Conditional Uses."
but is overruled upon the condition that the rental car facility would be allowed in
the C-G zone for the use of a rental car facility and for the storage of the rental cars
in the back portion of the premises, but that no car sales shall be permitted or
ORDER GRANTING APPEAL, OVER-PULING OF PLANNING - PAGE 3 OF 5
AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION
AND ORDEP, OF REMAND (By: Tim Bever)
conducted on the premises.
2. This matter is remanded to the Planning and Zoning Administrator for
further action in accordance with this decision.
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 denial of
the appeal 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 2o~tt- day of
,2000.
ROLL CALL:
COUNCILMAN ANDERSON
VOTED
COUNCILMAN BIRD VOTED
0'
COUNCILPERSON deWEERD
VOTED
COUNCILPERSON McCANDLESS
VOTED
ORDER GRANTING APPEAL, OVER-RULING OF PLANNING - PAGE 4 OF 5
AND ZONING' ADMINISTRATOK'S DENIAL OF APPLICATION
AN~) OKOEROF P. EMAND (By: Tim Bever)
MAYOR ROB~RT,D. CORRIE (TIE BREAKER)
DATED:
: //
MOTION:
AppRovED:~ DISAPPROVED:
VOTED
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
Dated:
~'~ty Clerk
msg/Z:\Work~d'xMeridian 15360Ivl~Bever Tim Appeal of P & Z Admin\ORDERGrantingAppealOver-RulingPZDenail.wpd
ORDER GRANTING APPEAL, OVER-RULING OF PLANNING - PAGE 5 OF 5
AND ZONING: ADMINISTRATOR'S DENIAL OF APPLICATION
;.ND OP. DER OF R~Mt2ND (By: Tim Bever)