Final Order Granting AppealBEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C8/21/O1
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IN THE MATTER OF THE APPEAL )
OF THE PLANNING AND ZONING )
ADMINISTRATOR'S DENIAL OF )
APPLICATION FOR A STOP WORK )
ORDER FOR 2340 WEST FRANKLIN )
BY: WALT MORROW )
CASE NO. AP-Ol-00
ORDER GRANTING APPEAL,
OVERRULING PLANNING
AND ZONING ADMINISTRATOR'S
DENIAL OF APPLICATION
This matter coming before the City Council on August 21, 2001, and tabled until
September 4, 2001, September 18, 2001, October 2, 2001, July 23, 2002, August 6, 2002 and
August 20, 2002, at the hour of 6:30 o'clock p.m., at the Meridian City Hall, 33 East Idaho,
Meridian, Idaho, upon the appeal of Walt Morrow, and the Council having received the Appeal
Application Form, and the record in this matter, and having heard the arguments and presentation
of Shari Stiles, Planning and Zoning Administrator and Daunt Whitman, City Building Official,
and the Applicant, Walt Morrow, and being fully advised in the premises issues the following
Findings of Fact and Conclusions of Law and Decision and Order:
ORDER GRANTING APPEAL, OVERRULING PLANNING
AND ZONING ADMINISTRATOR' S DENIAL OF APPLICATION -- 1
FINDINGS OF FACT
Walt Morrow submitted for approval, to the Building Department, two sets of
plans and specifications for an accessory building to an existing land use at 2340
W. Franklin Road within an I-L zone, and Daunt Whitman of the Building
Department approved the plans and specifications as a residential accessory
building.
2. The Planning and Zoning Administrator's office. placed a stop work order upon
the accessory building to an existing land use located at 2340 W. Franklin Road
upon the basis the Administrator determined that this building permit request did
not meet the criteria for an accessory building, and, issued concerns inane-mail
on October 4, 2000, on the project to Daunt Whitman, in which the Administrator
listed problems in the permit request for an accessory building to an existing land
use, and which items are addressed in the February 2, 2001 letter to Mr. Walt
Morrow from Gary Smith, Public Works Director, which included his opinion
that the building needed to be processed as a request for a Conditional Use
Permit, with the following additional concerns:
a. Annexation requirements for the property have not been met, including
making provisions for how the property will be served with sewer and
water and design review of all buildings.
b. The submitted building plans show expansion of anon-conforming use
regarding landscaping, paving, land use, etc.
c. Needed right-of--way dedication (sale) to ACHD for future widening of
Franklin Road will place this building location within the setback azea as
set forth by City Ordinance.
d. Water supply is not available to meet Uniform Fire Code requirements.
e. ACHD impact fees need to be paid.
The comments of Joseph Silva, Deputy Fire Chief, Fire Prevention, were
reviewed by the Council and the following conditions are required:
Project Summa
Proposed Use: Storage Building
Building size: 8,750 squaze feet
Occupancy classification: S-2 (as determined by the Building Department)
Type of Construction: Type III-N
Storage: Equipment & Livestock/Matemity Area
Public Water Sunply Required When Available:
1. The Owner acknowledges that City water is not currently available to the
property, and that the water flow available from the Owner's well is
insufficient to meet the requirements of the Uniform Fire Code. The
Owner assumes the risk that may result from completion of construction
of the building, and any subsequent fire which may occur without
ORDER GRANTING APPEAL, OVERRULING PLANNING
AND ZONING ADMINISTRATOR'S DEMAL OF APPLICATION -- 2
adequate fire protection. The water supply required by Appendix III-A of
the 1997 Uniform Fire Code given building size of 8,750 and construction
type of III-N would be 2,000 GPM fora 2-hour duration at a minimum
residual pressure of 20psi. Two fire hydrants are required to deliver this
flow and are typically spaced on 450' centers. The closest fire hydrant is
usually 250' from the driveway or point on the street. When a water main
is available to the W. Franklin Road frontage of Mr. Morrow's property,
he will be required to connect to City water, and install two hydrants (at
his cost).
Other Miscellaneous Reauirements:
1. Ensure that the address for this building is prominently posted and visible
from, and face towards, W. Franklin.
2. The address numerals shall be at least 6" tall and their color shall contrast
distinctly with their background.
Fire Extinguishers:
1. Portable fire extinguishers shall be installed in occupancies and locations as
set forth in this code and as required by the Chief. UFC 1002.1 Fire
extinguishers shall be of the 2A l OBC size and have the top of the
extinguisher hung 3' to 5' off the floor. The fire extinguishers locations shall
be by each front door, the travel distance shall not exceed 75' to a fire
extinguisher.
General Reauirements:
1. Storage shall not exceed 12' in height. UFC Section 209
2. Ceiling clearance shall be maintained at no less than 2' in unsprinkled
buildings. UFC 1103.3.2.2.
Additionally, any overlooked hazardous condition and/or violation of the Uniform
Building and Fire Code does not imply approval of such condition or violation.
4. If at some point the building, which is located within an I-L zone, is to be used
commercially, then at that point a permit for tenant improvements shall be
obtained and the process of a certificate of zoning compliance and the entire
process for commercial application review shall be followed, including all fire
codes for commercial zones shall be met.
5. Walt Morrow timely filed an appeal of the Administrator's determination and
decision for hearing before the City Council.
6. The accessory building would occupy an existing land use.
7. Walt Morrow contested the allegations contained in the Administrator's
determination, and presented evidence that was uncontroverted that: (1) the City
of Meridian does not now have, and has not had, a design review process; (2) the
ORDER GRANTING APPEAL, OVERRULING PLANNING
AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION -- 3
property on which the building was proposed is more than 300 feet from the
neazest City sewer and water services and therefore is not required to be
connected at this time; (3) the site is one pazcel totaling 17.5 acres of which 16
acres is under agricultural use; (4) the agricultural uses are "grandfathered" as
nonconforming uses that existed when the property was annexed and zoned
industrial; (5) ACHD does not require roadway dedication at this time; (6) ACHD
indicates no impact fees aze due for the building; and (7) because City water is not
available to the site at this time, City water is not available for fire flow.
CONCLUSIONS OF LAW
1. The City ordinances provide at Meridian City Code Section 11-3-4 for an appeal,
hearing and review by the City Council of an order, requirement, decision,
interpretation or determination by the Planning and Zoning Administrator.
2. Good reasons exist for overruling the Administrator's decision because the City
Council found the Administrator's decision was not based on established facts.
DECISION AND ORDER GRANTING APPEAL, OVERRULING PLANNING
AND ZONING ADMINISTRATOR'S DENIAL OF A STOP WORK ORDER AT
2340 W. FRANKLIN ROAD OF WALT MORROW
Based upon the above and foregoing Findings of Fact and Conclusions of Law IT
IS HEREBY ORDERED AND THIS DOES ORDER THAT:
The decision of the Planning and Zoning Administrator on the stop work
order for the accessory building by Walt Morrow is hereby overruled, and
the Applicant, Walt Monow, is hereby allowed to continue the building
construction at the accessory building located next to his residence located
at 2340 West Franklin Road, Meridian, Idaho, if the conditions 2, 3 and 4,
below, are met.
2. The building shall only be used for storage and a loafing area for cattle.
Any expansion of the use of this building for anything other than what is
allowed under the current I-L zoning is prohibited, unless appropriate
application is made to, and approved by, the City.
3. The following fire protection conditions must be met
Project Summa
Proposed Use: Storage Building
Building size: 8,750 squaze feet
Occupancy classification: S-2 (as determined by the Building Department)
Type of Construction: Type III-N
Storage: Equipment & Livestock/Maternity Area
ORDER GRANTING APPEAL, OVERRULING PLANNING
AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION -- 4
Public Water Supply Reauired When Available•
The Owner acknowledges that City water is not currently available to the
property, and that the water flow available from the Owner's well is insufficient
to meet the requirements of the Uniform Fire Code. The Owner assumes the risk
that may result from completion of construction of the building, and any
subsequent fire which may occur without adequate fire protection. The water
supply required by Appendix III-A of the 1997 Uniform Fire Code given building
size of 8,750 and construction type of III-N would be 2,000 GPM fora 2-hour
duration at a minimum residual pressure of 20psi. Two fire hydrants are required
to deliver this flow and are typically spaced on 450' centers. The closest fire
hydrant is usually 250' from the driveway or point on the street. When a water
main is available to the W. Franklin Road frontage of Mr. Morrow's property, he
will be required to connect to City water, and install two hydrants (at his cost).
Other Miscellaneous Reauirements:
a. Ensure that the address for this building is prominently posted and visible
from, and face towards, W. Franklin.
b. The address numerals shall be at least 6" tall and their color shall contrast
distinctly with their background.
Fire Extineuishers:
Portable fire extinguishers shall be installed in occupancies and locations as set
forth in this code and as required by the Chief. UFC 1002.1 Fire extinguishers
shall be of the 2A lOBC size and have the top of the extinguisher hung 3' to 5' off
the floor. The fire extinguishers locations shall be by each front door, the travel
distance shall not exceed 75' to a fire extinguisher.
General Reauirements:
a. Storage shall not exceed 12' in height. UFC Section 209
b. Ceiling clearance shall be maintained at no less than 2' in unsprinkled
buildings. UFC 1103.3.2.2.
Additionally, any overlooked hazardous condition and/or violation of the Uniform
Building and Fire Code does not imply approval of such condition or violation.
4. If at some point the building, which is located within an I-L zone, is to be
used commercially, then at that point a permit for tenant improvements
shall be obtained and the process of a certificate of zoning compliance and
the entire process for commercial application review shall be followed,
including all fire codes for commercial zones be met.
ORDER GRANTING APPEAL, OVERRULING PLANNING
AND ZONING ADMINISTRATOR'S DENIAL OF APPLICATION -- 5
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 maybe 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.
y action of the City Council at its regular meeting held on the ~ ~`~ da of
Y
Cv_ m~L~. , 2002.
ROLL CALL:
Councilman Bird Voted~~-
Councilwoman deWeerd Voted
Councilwoman McCandless Voted__~~
Councilman Nary Voted
Mayor Robert D. Corrie (Tie Breaker) Voted
DATED: /Z'3 ~Dy
MOTION:
APPROVF~ I~ DISAPPROVED:
Copy served upon Applicant, the Planning and Zq~n~ Department, Public Works
Department and the City Attorney. \~~~~°"tom ~}~~'~o,,
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ORDER GRANTING APPEAL, OVERRULING 1risAN1VIN,Cr'"~
AND ZONING ADMINISTRATOR' S DENIAL OF APPLICATION -- 6