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Home My WebLink AboutKretzschmar, Johann VAR 02-016 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF JOHANN AND RACHAEL KRETZSCHMAR FOR A VARIANCE FROM THE PARKING ORDINANCE AND LANDSCAPE ORDINANCE, LOCATED AT 124 EAST PINE STREET, MERIDIAN, IDAHO C/C 01-14-03 ) ) ) ) ) ) ) ) V AR-02-016 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 January 14, 2003, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, and Johann Kretzschmar, appeared and testified, 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 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 the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 B January 4, 1994 and Maps. 2. The requirements ofIdaho Code g 67-6509, 6516 and Meridian City Code gg 11-15-5 and 12-11-3 as evidenced in the record of this matter. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / JOHANN AND RACHAEL KRETZSCHMAR - VAR-02-016 Page 1 of Il 3. The Applicants are Johann and Rachael Kretzschmar, 9980 W. Roan Meadows Drive, Boise, Idaho 83709. 4. The applicants are the owners ofrecord of the subject property. 5. The property located at 124 East Pine Street, Meridian, Idaho is in the 0- T zone. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map, and which legal description and Vicinity Map both appear in the record of proceeds of this matter, and which are on file with the Meridian City Clerk's office located at 33 East Idaho, Meridian, Idaho. 7. The present land use of subject property is presently zoned as 0- T, and which subject property is presently single-family residential. 8. The proposed land use ofthe subject property is to develop the subject property in the following manner: a retail shop for children's gently used clothing, toys, etc. 9. That a vicinity map, which is on file with the Meridian City's Clerk's office, of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required has been furnished. 10. The Applicant seeks a variance for the requirement of parking space requirements, screening, and minimum buffer widths, of the following provisions of the Meridian City Code, gg 11-13-1 A-C, 11-13-5B2, 11-13-5B4, and 12-13-12-4, which provides as follows: 11-13-1 GENERAL REQUIREMENTS: A. Parking And Loading Spaces Required: No building or structure shall be erected, substantially altered or its use changed unless permanently maintained off-street parking and loading spaces have been provided in accordance with the provisions of this Title. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / JOHANN AND RACHAEL KRETZSCHMAR - V AR-02-016 Page 2 of II B. Change Of Use: When the intensity of use of any building, structure or premises shall be increased through addition of dwelling units, gross floor area, seating capacity (a horizontal unit of width of 18 inches per seat or other units of measurement specified herein for required parking), or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use. However, no owner of a building or structure lawfully erected or use lawfully established prior to the effective date of this Title shall be required to provide such additional parking or loading facilities. C. New Use: Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. TYPE OF USE PARKING SPACE REOUIRED 11-13-5B2 Commercial: Banks, financial institutions and similar uses I for each 200 sq. ft. of gross floor area Clinic (medical, dental, optical) . and veterinary animal hospital or clinic I for each 200 sq. ft. of gross floorareaofexamination,trea~ ing room, office, and waiting room Department store I for each 400 sq. ft. of gross floor area Drive-in establishment 5 reserved spaces per customer service window Mortuaries 1 for every 3 seats, plus 1 Parking space for each funeral Vehicle kept on the premises Professional offices 1 for each 400 sq. ft. of gross floor area Retail stores 1 for each 200 sq. ft. of gross floor area FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / JOHANN AND RACHAEL KRETZSCHMAR - V AR-02-016 Page 3 of Il Sales (automotive, mobile home, travel trailers, farm implements) 1/3 of the sales lot for designated customer parking Service station and motor vehicle repair (major or minor) 2 for each service bay TYPE OF USE PARKING SPACE REQUIRED 11-13-5B4 Manufacturing: All types of manufacturing, storage and wholesale uses permitted in any industrial district 1 for every 2 employees on the largest shift for which the building is designed plus 1 for each motor vehicle used in the business Warehouses and storage buildings I for each 1,000 sq. ft. of floor area plus I for each vehicle used in the conduct of the enterprise 12-13-12-4 Land Use Intensity Classifications: The table is intended to provide a general classification of land use intensities for commonly proposed developments and is not a comprehensive list. If a land use is not listed, the intensity classification shall be determined by the Planning Director based upon the nearest use listed. (The Table is attached hereto as Exhibit "A" and consisting of one page.) 11. The Ada County Highway District on November 20,2002 submitted a report for the corresponding application for Johann and Rachael Kretzschmar for their conditional use permit application, Case No. CUP-02-033, and the same conditions and requirements shall also apply to this variance application, Case No. V AR-02-016. 12. 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. 13. It is found that the proposed use does not meet the parking ordinances or the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / JOHANN AND RACHAEL KRETZSCHMAR - V AR-02-016 Page 4 of Il landscaping ordinance due to lack of space behind the building and, new parking in front of the structure would destroy the building's existing landscaping and appearance which the City of Meridian is striving for in Qld Town. Additionally, there is a lack of space on each side of the building to allow for the 25' landscaping buffer, but the applicants are proposing about as' buffer. 14. The parking space requirement needs to be reduced by two parking spaces, and the landscaping needs to be reduced by 21' on each side of the building. The lot size at 124 E. Pine Street will not allow for any more spaces for additional parking and the lot size does not allow for additional buffers on either side of the building for landscaping. The building at this site is positioned closer to the rear of the lot compared to most of the other structures in the area. Since the building is positioned evenly between the sides of the lot, which is normal for this area, that position keeps the property from complying with the landscaping ordinance. 15. There are properties in the area that have been built or converted to non residential uses that do not comply with the parking or landscaping ordinances. 16. It is found that the proposed use is a low impact use and that the requested reduction of "off-street" parking stalls will not significantly affect the other properties in the general vicinity. It is also found that requiring the construction of two additional parking stalls in the front yard area of the existing home to be impracticable and unreasonable due to the existence of a city owned parking lot to the south and available on-street parking in this area. Furthermore, it is found that the 25' wide landscape buffer requirement between land uses would prohibit the re-development of the subject property into anything other than the existing single family use (due to the property's narrow width). It would be unreasonable to prohibit the re-development of this property due to the requirements of the Landscape Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / JOHANN AND RACHAEL KRETZSCHMAR - V AR-02-0 16 Page 5 of 11 17. It is found that strict compliance with the City's Ordinances would prohibit the re- development of the property in question to anything other than the existing residential use. The Old Town district is intended to allow a mix of uses and, should off-street parking be required, the property would be restricted to a residential-only use. It is supported that the re-development of the smaller, older lots in the original Meridian Township, and strict compliance with the City Ordinances in this area will be impracticable and will inhibit the objective of the owners of property in the Old Meridian Township to re-develop. 18. It is not anticipated that the variances would be detrimental to the public's welfare or injurious to other properties in the area. 19. It is found that the issuance of the variances for reducing parking standards and landscaping standards to allow the re-development of the small piece of property ,with a low impact use in the original "Meridian Township", would not have the effect of altering the purpose and interest of the Zoning Ordinance. 20. The applicant paid the fee established by the City Council for application for a variance. 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 ofIdaho 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 ofIdaho Code g 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 11 ORDER OF DECISION GRANTING A V ARlANCE / JOHANN AND RACHAEL KRETZSCHMAR. VAR-02-0J6 City Code g 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code g 67-6509, 6516 and Meridian City Code gg 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code g 11-18-2, and the findings which are required are set forth in Meridian City Code g 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 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, gg 11-13-1 A-C, 11-13-5B2and 11-13-SB4,and 12-13-12-4,in the 0- T zone if granted the variance from the parking and landscape ordinances, provides as follows: 11-13-1 GENERAL REQUIREMENTS: A. Parking And Loading Spaces Required: No building or structure shall be erected, substantially altered or its use changed unless permanently maintained off-street parking and loading spaces have been provided in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of II ORDER OF DECISION GRANTING A VARIANCE / JOHANN AND RACHAEL KRETZSCHMAR - V AR-02-0J6 accordance with the provisions ofthis Title. B. Change Qf Use: When the intensity of use of any building, structure or premises shall be increased through addition of dwelling units, gross floor area, seating capacity (a horizontal unit of width of 18 inches per seat or other units of measurement specified herein for required parking), or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use. However, no owner of a building or structure lawfully erected or use lawfully established prior to the effective date of this Title shall be required to provide such additional parking or loading facilities. C. New Use: Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. TYPE OF USE PARKING SPACE REQUIRED 11-13-5B2 Commercial: Banks, financial institutions and similar uses I for each 200 sq. ft. of gross floor area Clinic (medical, dental, optical) and veterinary animal hospital or clinic 1 for each 200 sq. ft. of gross floor area of examination, treat- ing room, office, and waiting room Department store I for each 400 sq. ft. of gross floor area Drive-in establishment 5 reserved spaces per customer service window Mortuaries I for every 3 seats, plus 1 Parking space for each funeral Vehicle kept on the premises Professional offices 1 for each 400 sq. ft. of gross floor area Retail stores FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / JOHANN AND RACHAEL KRETZSCHMAR - V AR-02-0J6 I for each 200 sq. ft. of gross Page 8 of 11 floor area Sales (automotive, mobile home, travel trailers, farm implements) 1/3 of the sales lot for designated customer parking Service station and motor vehicle repair (major or minor) 2 for each service bay TYPE OF USE PARKING SPACE REQUIRED 11-13-5B4 Manufacturing: All types of manufacturing, storage and wholesale uses permitted in any industrial district I for every 2 employees on the largest shift for which the building is designed plus 1 for each motor vehicle used in the business Warehouses and storage buildings I for each 1,000 sq. ft. of floor area plus I for each vehicle used in the conduct of the enterprise 12-13-12-4 Land Use Intensity Classifications: The table is intended to provide a general classification of land use intensities for commonly proposed developments and is not a comprehensive list. If a land use is not listed, the intensity classification shall be determined by the Planning Director based upon the nearest use listed. (The Table is attached hereto as Exhibit "A" and consisting of one page.) DECISION AND ORDER NOW, THEREFQRE, BASED UPQN THE ABQVE AND FQREGOING FINDINGS OF FACT AND CQNCLUSIQNS QF LAW, the City Council does hereby Qrder and this does Qrder: I. That the Applicant is hereby granted a variance for the requirement to the parking and landscape ordinances from the Meridian City Code, gg 11-13-1 A-C, 11-13-5B2 and 11-13-5B4, and 12-13-12-4, in the Q-T zone for Johann and Rachael Kretzschmar based on the testimony at the Council hearing, and that the issuance of the variances for reducing parking and loading space FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / JOHANN AND RACHAEL KRETZSCHMAR - V AR-02-0 16 Page 9 of 11 standards and landscaping standards to allow the re-development of a small piece of property with a low impact use in the original "Meridian Township" would not have the effect of altering the purpose and interest of the Zoning Qrdinance, 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 g 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 parking and loading standards and landscape ordinances requirements in the O-T zone as provided in the Meridian City Code, gg 11-13-1 A-C, 11-13-5B2, 11-13-5B4, and 12-13- 12-4, 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 2~daYOf J~1 ,2003. ROLL CALL: CQUNCILMAN KEITH BIRD VQTED /f6ud- CQUNCILWOMAN TAMMY deWEERD VQTED~ VQTED~ CQUNCILWQMAN CHERIE McCANDLESS COUNCILMAN WM. L.M. NARY VOTED~ MA YQR ROBERT D. CORRIE (TIE BREAKER) VOTED - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / JOHANN AND RACHAEL KRETZSCHMAR - V AR-02-0J6 Page 10 of II DATED: 1-2tJ-03 MQTION: fJ:j_ APPROVED~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. ,,1111 1111 ""'t \\'\ r:: .AI;/- Jill "".J O~ .....I:J?".. III ", :.'\""\ .<..!!f. ,(,.~ i c) cp\\PDR.1J;.-, ~ ~ .::.'f ~ ~ Dated: (- Zp......tJ J I ~ By~,6~9 City Clerk ",--,-:'.",. Z:\W ork\M\Meridian\Meridian15360M\Kretzschmar Johann Rachael CUP-02-033 V AR-02-O 16\FtClsGrantV AR02..() 16.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / JOHANN AND RACHAELKRETZSCHMAR- VAR-02-016 Page 11 of 11 therefore the buffer rnust still be landscaped as per subsection B, even if a chainlink fence is provided. 12-13-12-4 Land Use Intensity Classifications: The table below is .intended to provide a general classification of land use intensities for commonly proposed developrnents and is not a comprehensive list. If a land use is not listed, the intensity classification shall be determined by the Planning Director based upon the nearest use listed. Class I Class II Class III Class IV Class V Single Family Multi-Family Offices Restaurants Heavy Hornes Dwellings Manufacturing Duplexes Child Care Neighbor. HoteVMotel Contractor Centers Cornrn. Yards Golf Courses Libraries Middle General Retail Processing Schools Plants Cemeteries Senior Centers High Schools Grocery Stores Recycling Parks Nurseries/Greenh Personal Parking Garages ouses 'Services Elementary . Quasi Public Warehouses Vacant Land Schools. Uses zoned: Vacant Land Clinics Storage I-L zoned: Facilities R-2 Vacant Land Indoor zoned: Manufacturing R-3 R-15 Vacant Land , zoned: , R-4 R-40 L-O Vacant Land zoned: R-8 CoN CoG, C-C 12-13-12-5 Minimum Buffer Widths The minimum buffer width between incornpatible land uses .is based on the following table: !M":6U · ~ · Landscape Ordinance - Final 11128/00 Page 30