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Home My WebLink AboutT-Mobile VAR 07-016BEFORE THE MERIDIAN CITY COUNCIL C/C 10/02/07 IN THE MATTER OF THE REQUEST FOR VARIANCE FROM UDC 11-4-3-43.I.2 TO ALLOW A COMMUNICATION TOWER TO BE SETBACK LESS THAN TWO TIMES THE HEIGHT OF THE TOWER Case No. VAR 07-016 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL FOR T-MOBILE APPLICANT The above entitled variance application having come on for public hearing on October 2, 2007, at the hour of 7:00 o'clock p.m. at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho. C. Caleb Hood, Meridian Planning and Zoning Department, and Rocky Schutjer, T-Mobile, 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 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 October 2, 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 of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearings having been posted upon the property FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR T-MOBILE; CASE NO. VAR 07-016 PAGE 1 OF 4 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 October 2, 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 §§67-6509 and 67-6511, and §11-SA, Municipal Code of the City of Meridian. 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. 4. The property is generally located at 3100 E. Florence, Meridian, Idaho. 5. Dale Nagy/Community Properties/Amnion, LLC whose address is 7609 W. Emerald, Boise, Idaho 83704, is the current property owner. 6. The applicant is Rocky Schutjer, whose address is 3100 E. Florence, Meridian, Idaho 83642. 7. The Applicant requests a variance from UDC 11-4-3-43.I.2, which requires communication towers to be setback from all publicly owned right-of--way a minimum of two times the height of the tower; to allow a 50 foot setback instead of a 100 foot setback as otherwise required by City Code. The property which is the subject of this application is within the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR T-MOBILE; CASE NO. VAR 07-016 PAGE 2 OF 4 CONCLUSIONS OF LAW 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. §67-6503). 2. The Meridian City Council shall apply the standards listed in Idaho Code §67- 6516 and all the findings listed in Section 11-SB-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 October 2, 2007, incorporated by reference. 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 §67- 6516 and all the findings listed in Section 11-SB-4.E of the UDC. No characteristics of the site would prevent the Applicant from meeting the setback requirements if a shorter communication tower were proposed or if the tower were in a different location. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR T-MOBILE; CASE NO. VAR 07-016 PAGE 3 OF 4 f~ By action of the City Council at its regular meeting held on the ~-day of October, 2007. ROLL CALL: COUNCILMAN KEITH BIRD VOTED _~~l'~"~ COUNCILMAN JOE BORTON VOTED _ C~~G~ COUNCILMAN CHARLIE ROUNTREE VOTED __~~~ COUNCILMAN DAVID ZAREMBA VOTED __ (C~r{i~~- MAYOR TAMMY de WEERD (TIE BREAKER) ~-- VOTED DATED: ~ '- `~ - MOTION: APPROVED: ~ DISAPPROVED: ~~~ ~~~~`"" ~ MY de WEERD ~~ ,~. -:. ATTEST: o ~~, CITY CLERK ~% ® T t ~~ ' ~ ~` /~ ~ q Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. By Dated: ~~ ~~-~~ City Clerk's Office FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR T-MOBILE; CASE NO. VAR 07-016 PAGE 4 OF 4