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HomeMy WebLinkAboutPrimerica Sign AP 07-005BEFORE THE MERIDIAN CITY COUNCIL C/C 08/14/07 IN THE MATTER OF THE REQUEST FOR CITY COUNCIL REVIEW OF AN APPEAL OF THE DIRECTOR' S DETERMINATION TO DENY A REQUEST FOR A SIGN PERMIT Case No. AP 07-005 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR PRIMERICA SIGN by Todd Mendel APPLICANT The above entitled appeal having come on for public hearing on August 14, 2007, at the hour of 7:00 o'clock p.rn. at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho. Anna Canning, City Planning and Zoning Director for the Planning and Zoning Department, and Todd Mendel of Primerica Sign, 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 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 of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 2. The property is located at 1640 W. Cherry Lane, Suite 100, Meridian, Idaho, Lot 2, Block 1 of Cherry Crossing Subdivision, Section 2, Township 3 North, Range 1 West, Meridian, Ada County, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL PRIMERICA SIGN; CASE NO. AP-07-005 PAGE l OF 3 Charles Storey dba Stormer, LLC, whose address is 4565 W. Quail Ridge, Boise, Idaho 83703, is the current property owner. 4. Todd Mendel dba Primerica, whose address is 1640 W. Cherry Lane, Suite 100, Meridian, Idaho 83642, is the applicant. The Applicant requests an appeal of the Planning Director's denial of a sign permit for property located at 1640 W. Cherry Lane, Suite 100, Meridian, Idaho 83642. 6. The entire parcel of property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. CONCLUSIONS OF LAW The City of Meridian has discretionary authority to review and approve or deny decisions of the Planning Director as provided by the Municipal Code of the City of Meridian, Uniform Development Code, Section 11. 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 Planning Director's decision regarding a Denial of a Sign Permit is upheld for the following reasons: The proposed sign meets the definition of anoff-premise sign. 2. That per the UDC, the wall area is defined to mean the wall surface of a single tenant structure or the store front of the multi-tenant structure. This is amulti-tenant structure with separate tenant entrances. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL PRIMERICA SIGN; CASE NO. AP-07-0OS PAGE 2 OF 3 3. The proposed sign does not exceed 9%, but based on the decision of 1 & 2 above, the decision of the Planning Director is upheld. By action of the City Council at its regular meeting held on the 28 day of August, 2007. ROLL CALL.: COUNCILMAN KEITH BIRD VOTED _~~~_ COUNCILMAN JOE BORTON VOTED _G~ COUNCILMAN CHARLIE ROUNTREE VOTED _ c~~ COUNCILMAN DAVID ZAREMBA VOTED __G~~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED ~~' DATED: ~~ Z U ~© 7 MOTION: ATTEST: APPROVED: T DISAPPROVED: WILLIAM G. BERG, JR., CITY \~~.~`~,~«~1~A~~'~~ ~ Y de WEERD y~ 0 ~~AL ~ ~~ \ ~, Q, ~, ~, ,~ ,. Copy served upon: / Applicant _~~ Planning Department Public Works Department City Attorney By: (al ~~ Q L~~ Dated: ~-~ ~ City Clerk's Office FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL PRIMERICA SIGN; CASE NO. AP-07-0OS PAGE 3 OF 3