HomeMy WebLinkAboutJackson's Food Stores VAR-07-002
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR VARIANCE
FROM UDC 11-3H-4B2 TO ALLOW
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THE CONSTRUCTION OF RIGHT )
TURN ONLY ACCESS TO N. EAGLE RD )
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FOR
JACKSON'S FOOD STORES, INC.
APPLICANT
C/C 03/13/07
Case No. V AR 07-002
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL
The above entitled variance application having come on for public hearing on
February 27,2007, at the hour of7:00 o'clock p.m. at Meridian City Hall, 33 East Idaho
Avenue, Meridian, Idaho. Anna Canning, City Planning and Zoning Director for the
Planning and Zoning Department, and Jack Davis of Jackson's Food Stores, Inc.,
appeared and testified, and the City Council having duly considered the evidence and the
record in this matter therefore make the following Findings of Fact and Conclusions of
Law, and Decision and Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for annexation and zoning
was published for two (2) consecutive weeks prior to said public hearings scheduled for
February 27,2007, before the City Council, the first publication appearing and written
notice having been mailed to property owners or purchasers of record within three
hundred (300') feet ofthe external boundaries ofthe property under consideration more
than fifteen (15) days prior to said hearings and with the notice of public hearings having
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
VARIANCE FOR JACKSON'S FOOD STORES, INe; CASE NO. V AR 07-002
PAGE 1 OF 5
been posted upon the property under consideration more than one week before said
hearing; and that copies of all notices were made available to newspaper, radio and
television stations as public service announcements; and the matter having been duly
considered by the City Council on February 27,2007, public hearing; and the applicant,
affected property owners, and government subdivisions provided services within the
planning jurisdiction of the City of Meridian, having been given full opportunity to
express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code 9967-6509 and 67-6511, and 9 II-SA, Municipal Code of the City of
Meridian.
3. 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 Amended Comprehensive Plan ofthe City of
Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance
Establishing the Impact Area Boundary.
4. The property is generally located at 3291 E. Pine Street, Meridian, Idaho,
(Lot 1, Block 1, Pork Park Subdivision No.1) in the SW 1,4 of Section 9, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho.
5. Jackson's Food Stores, Inc., whose address is P.O. Box 610, Meridian,
Idaho 83642, is the current property owner and the applicant.
6. The Applicant requests a variance from UDC 11-3H-4B2, which prohibits
direct access to a state highway, to allow construction of a right-turn only direct access to
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
VARIANCE FOR JACKSON'S FOOD STORES, INC; CASE NO. V AR 07-002
PAGE 2 OF 5
N. Eagle Road. The property which is the subject ofthis application is within the City of
Meridian.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code
(I.C. 967-6503).
2. The Meridian City Council shall apply the standards listed in Idaho Code
967-6516 and all the findings listed in Section 11-5B-4.E of the UDC to review the
variance request. In order to grant a variance, the Council shall make the following
findings:
a. The Variance shall not grant a right or special privilege that is not
otherwise allowed in the district.
b. The variance relieves an undue hardship because of characteristics of the
site.
c. The variance shall not be detrimental to the public health, safety and
welfare.
3. Due consideration has been given to the comment(s) received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction.
4. That this denial is in accordance with the attached Staff Report for the
hearing date of February 27,2007, incorporated by reference.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
VARIANCE FOR JACKSON'S FOOD STORES, INC; CASE NO. V AR 07-002
PAGE 3 OF 5
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:
That the application for annexation and zoning is denied for the following
reasons:
The proposed variance request does not meet the burden as set forth in Idaho
Code 967-6516 and all the findings listed in Section 11-5B-4.E of the UDC.
By action of the City Council at its regular meeting held on the 20""" day of
March, 2007.
DATED:
MOTION:
APPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
VARIANCE FOR JACKSON'S FOOD STORES, INC; CASE NO. V AR 07-002
PAGE 4 OF 5
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Copy served upon Applicant, the Plannirtg , ~f>>pft-1Jepartment, Public Works
Department, and City Attorney.
By:
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City Clerk's Office
Dated: 03-22-07
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL
VARIANCE FOR JACKSON'S FOOD STORES, INC.; CASE NO. V AR 07-002
PAGE 5 OF 5