HomeMy WebLinkAboutLocust Grove Substation VARBEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF MERIDIAN FHtE
DEPARTMENT/CITY OF
MERIDIAN, FOR A VARIANCE TO
ALLOW A REDUCTION OF THE
FRONT BUILDING SETBACK FROM
30 FEET TO 22 FEET, TO ALLOW
FOR A REDUCTION OF THE
MINIMUM LANDSCAPE BUFFER
FROM 20 FEET TO 5', FOR THE
MERIDIAN FIRE DEPARTMENT
LOCUST GROVE SUBSTATION,
LOCATED AT 3545 NORTH LOCUST
GROVE ROAD, MERIDIAN, IDAHO
VAR-03-004
C/C 03-04-03
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF DECISION
GRANTING A VARIANCE
The above entitled matter coming on regularly for public heazing before the City Council
on Mazch 4, 2003, and Brad Hawkins-Clazk Interim Director for the Planning and Zoning
Department, Tom Zabala, and Herb Dairymple, 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
The City Council takes judicial notice of its Zoning, Subdivisions and Development
Ordinances codified at Title 11 Municipal Code ofthe City of Meridian and all current zoning maps
thereof and the amended Comprehensive Plan of the City of Meridian adopted August 6, 2003,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING AVARIANCE / VAR-03-004
MERIDIAN FIRE DEPARTMENT LOCUST GROVE SUBSTATION
Page 1 of 16
MERIDIAN FIRE DEPARTMENT
Resolution No. 02-382 and Maps.
2. The requirements of Idaho Code § § 67-6509, 6516 and Meridian City Code § § 11-15-
5 and 12-11-3 as evidenced in the record of this matter.
3. The Applicant is Meridian Rural Fire DistrictlMeridian Fire Department, whose
address is 540 E. Franklin Road, Meridian, Idaho 83642.
4. The owner ofthe property is Meridian Rural Fire District/Meridian Fire Department,
whose address is 540 E. Franklin Road, Meridian, Idaho 83642.
5. The location of the subject property is presently located in an L-O (Limited Office
District), and which subject property is located at 3545 N. Locust Grove Road, Meridian, Idaho.
6. The legal description of the property appertains to the real property that
is included within the Vicinity Map, and is on record in the Meridian City Clerk's office, and as the
legal description appeazs in the record of proceeds of this matter, and which is on file with the
Metidian City Clerk's office.
The present land use of subject property is presently zoned as L-O (Limited Office
District), and which subject property is presently vacant land.
8. The proposed land use of the subject property is to develop the subject property as a
Meridian Fire Department substafion.
9. That a vicinity map, which is on record with the Meridian City Clerk's office, with
the proposed scale approved by the City Council shows property lines, existing streets, proposed
district and such other items as required which has been furnished.
FINDINGS OF FACT AND CONCLUSIONS OF LAWAND -- Page 2 of 16
ORDER OF DECISION GRANTING AVARIANCE / VAR-03-004
MERIDIAN FIRE DEPARTMENT LOCUST GROVE SUBSTATION
MERIDIAN FIRE DEPARTMENT
10. The Applicant seeks a variance of the following provisions of the Meridian
City Code, §11-9-1, MINIMUM YARD SETBACK REQUIREMENTS OF THE ZONING
SCHEUDLE OF BULK AND COVERAGE CONTROLS, and §12-13-12-5 MINIMUM
BUFFER WIDTHS OF THE BUFFERS BETWEEN DIFFERENT LAND USES, and if granted
the variance for reduction of the front building setback from 30 feet to 22 feet and to allow for
reduction of the minimum landscape buffer from 20 feet to 5 feet in an L-O zone, which provides as
follows:
11-9-1 MINIMUM YARD SETBACK REQUIREMENTS:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 16
ORDER OF DECISION GRANTING AVARIANCE / VAR-03-004
MERIDIAN FIRE DEPARTMENT LOCUST GROVE SUBSTATION
MERIDIAN FIRE DEPARTMENT
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AND
12-13-12-5: MINIMUM BUFFER WIDTHS:
The minimum buffer width between incompatible land uses is based on the following
table:
Intensity Class Of Adjacent
Use
Intensity Class Of Proposed I II III IV V
Use
II 20
III 20 2
0
IV 25 2 2
0 0
V 35 3 2 2
0 5 0
Table Notes:
A. Buffer widths are shown in feet.
B. No buffer is required for blank (shaded) cells, unless an existing, adjacent and higher
intensity use has not provided a buffer. In such cases, the lower intensity use must
.provide the buffer as per section 12-13-12-2 of this chapter.
C. The buffers between land uses are required only along contiguous lot lines. If
incompatible land uses are across a public street from one another, the street buffer
requirements of section 12-13-10 of this chapter apply.
(Ord. 895A, 12-5-2000)
11. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 16
ORDER OF DECISION GRANTING AVARIANCE / VAR-03-004
MERIDIAN FIRE DEPARTMENT LOCUST GROVE SUBSTATION
MERIDIAN FIRE DEPARTMENT
Planning and Zoning Department.
12. It is found that there are special circumstances or conditions affecting the property
that make the strict application of the provisions of this Title impracticable or unreasonable. Life
safety design needs for fire truck turning radii aze special to this use only. Also, the precedent
has been set by granting a similar vaziance to the Ten Mile Fire Substation.
13. As stated above in number 12, it is found that there are special circumstances that
make strict compliance unreasonable. The applicant has attempted to purchase additional land to
bring the site into conformance without a variance, but was unable to reach an agreement with
the adjacent property owner. The applicant also did a search for other suitable available property
in the azea that would meet Fire Dept. response time needs, but the search was unsuccessful.
14. That the granting of the specified variance will not be detrimental to the public's
welfare or injurious to other property in the area.
15. That the issuance of the requested vaziance will not have the effect of altering the
interest and purpose of the Zoning Ordinance.
16. That the applicant is required to comply with the Meridian Fire Department's
requirements listed in their February 20, 2003 letter.
CONCLUSIONS OF LAW
The City of Meridian has authority pursuant w the enactment of the Local Land Use
Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho
Code § 67-6516 to provide as part of its zoning ordinance for the process of applications for
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 16
ORDER OF DECISION GRANTING AVARIANCE / VAR-03-004
MERIDIAN FIRE DEPARTMENT LOCUST GROVE SUBSTATION
MERIDIAN FIRE DEPARTMENT
vaziance permits.
2. The City of Meridian has exercised its authority of Idaho Code § 67-6516 by the
enactment as a part of its Zoning and Development Ordinance vaziances, as set forth in Meridian
City Code § 11-18.
3. That the requirements for the processing of a variance request are set forth in Idaho
Code § 67-6509, 6516 and Meridian City Code §§ 11-15-5 and 11-17-5.
4. Application and standazds for variances are set forth in Meridian City Code § 11-18-2,
and the findings which are required are set forth in Meridian City Code § 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, § 11-9-1, MINIMUM YARD SETBACK REQUIREMENTS
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 9 of 16
ORDER OF DECISION GRANTING AVARIANCE / VAR-03-004
MERIDIAN FIRE DEPARTMENT LOCUST GROVE SUBSTATION
MERIDIAN FIRE DEPARTMENT
OF THE ZONING SCHEUDLE OF BULK AND COVERAGE CONTROLS, and § 12-13-12-5
MINIMUM BUFFER WIDTHS OF THE BUFFERS BETWEEN DIFFERENT LAND USES
and if granted the vaziance for reduction of the front building setback from 30 feet to 22 feet in an L-
Ozone, which provides as follows:
11-9-1 MINIMUM YARD SETBACK REQUIREMENTS:
FINDINGS OF FACT AND CONCLUSIONS OF LAWAND -- Page 10 of 16
ORDER OF DECISION GRANTING AVARIANCE / VAR-03-004
MERIDIAN FIRE DEPARTMENT LOCUST GROVE SUBSTATION
MERIDIAN FIRE DEPARTMENT
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AND
12-13-12-5: MINIMUM BUFFER WIDTHS:
The minimum buffer width between incompatible land uses is based on the following
table:
Intensity Class Of Adjacent
Use
Intensity Class Of Proposed I II III IV V
Use
II 20
III 20 2
0
IV 25 2 2
0 0
V 35 3 2 2
0 5 0
Table Notes:
A. Buffer widths are shown in feet.
B. No buffer is required for blank (shaded) cells, unless an existing, adjacent and higher
intensity use has not provided a buffer. In such cases, the lower intensity use must
provide the buffer as per section 12-13-12-2 of this chapter.
C. The buffers between land uses are required only along contiguous lot lines. If
incompatible land uses are across a public street from one another, the street buffer
requirements of section 12-13-10 of this chapter apply.
(Ord. 895A, 12-5-2000)
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 14 of 16
ORDER OF DECISION GRANTING AVARIANCE / VAR-03-004
MERIDIAN FIRE DEPARTMENT LOCUST GROVE SUBSTATION
MERIDIAN FIRE DEPARTMENT
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 Applicant is hereby granted a variance to allow a reduction of the front
building setback from 30 feet to 22 feet and to allow for a reduction of the minimum landscape
buffer from 20 feet to 5 feet, and the applicant is required to comply with the Meridian Fire
Department's requirements listed in their February 20, 20031etter for the Meridian Fire Department
Locust Grove Substation located at 3545 North Locust Grove Road, Meridian, Idaho in the L-O
zone.
NOTICE OF FINAL ACTION
Please take notice that this is a fmal action of the governing body of the City of Meridian.
Pursuant to Idaho Code Section 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 MINIMUM YARD SETBACK REQUIREMENTS OF THE ZONING
SCHEDULE OF BULK AND COVERAGE CONTROLS and MINIMUM BUFFER WIDTHS
OF THE BUFFERS BETWEEN DIFFERENT LAND USES requirements in the L-O Zone as
provided in the Sections 11-9-1 and 12-13-12-5 and may within twerity-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 ! ~~ day of
/vC~-~/~ , 2003.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 15 of 16
ORDER OF DECISION GRANTING AVARIANCE / VAR-03-004
MERIDIAN FIRE DEPARTMENT LOCUST GROVE SUBSTATION
MERIDIAN FIRE DEPARTMENT
ROLL CALL:
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
COUNCILMAN WILLIAM L.M. NARY
MAYOR ROBERT D. CORRIE
(TIE BREAKER)
DATED: ,~ `8 ~3
VOTED~~--
VOTED_~
VOTED__~
VOTED ~~~^~'~
~~
VOTED
MOTION:
APPROVED: DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department,
and the City Attorney office. ~~,~~"""'~'~'~ ~~!~,,~
By' /LG~-
City Clerk
.~`~.~y ~ Oi ~~
Dated: 3~ZD~~.~ = SEAL
~,90q~GSr tsc ~~Q~p.'-
Z:\WorklMlMeridianUM1eridianl5360MU.ncust Grove Substatim for Meridian Fire Dept VAR-03-0041FfCIsGrantVarianceAoc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION GRANTING AVARIANCE / VAR-03-004
MERIDIAN FIRE DEPARTMENT LOCUST GROVE SUBSTATION
Page 16 of 16
MERIDIAN FIRE DEPARTMENT