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HomeMy WebLinkAboutMoxie Java VAR 01-008BEFORE THE MERIDIAN CITY COUNCIL C/C 8-21-01 IN THE MATTER OF THE ) APPLICATION OF TJBJ, INC., ) FOR A VARIANCE FOR THE ) REDUCTION OF TWO ) REQUIRED PARKING SPACES ) FOR MOXIE JAVA, LOCATED AT ) 1975 EAST FAIRVIEW, ) MERIDIAN, IDAHO ) VAR-01-O08 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 August 8, 2001, and continued until August 21, 2001, and Shaft Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant was Todd Mason, and Tom Bevan appeared and testified, and no one appeared in opposition, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-008 TJBJ, INC. / MOXIE JAVA REDUCTION IN PARKING SPACES Page 1 of 9 and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 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 Todd Mason, whose address is 106 E. Williams, Meridian, Idaho 83642. 4. The owner of the property is Rick Thomas, Wild Shamrock, LLP, whose address is 12301 W. Explorer Dr., Suite 240, Boise, Idaho 83713-6000. 5. The location of the subject property is presently located in a RUT, and which subject property is located at 1975 E. Fairview, Meridian, Idaho. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map, and is attached hereto as Exhibit "A" and consisting of one page, and as the legal description appears in the record of proceeds of this matter, and which is on file with the Meridian City Clerk's office. 7. The present land use of subject property is presently zoned as RUT, and which subject property is presently being used as a parking lot. 8. The proposed land use of subject property is to develop the subject property in the following manner: A free-standing coffee hut with drive-thru. 9. That a vicinity map, attached hereto as Exhibit "A" and consisting of one page, of the proposed scale approved by the City Council showing property lines, FINDEqGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-01-008 TJBJ, INC, / MOXIE JAVA REDUCTION IN PARKING SPACES existing streets, proposed district and such other items as required have been furnished. 10. The Applicant seeks a variance of the following provision of the Meridian City Code, §I 1-13-5.B.2., Parking Space Requirement, Commercial, and in the RUT zone if granted the re-zone, which provides as follows: 1 1-13-5. Parldng Space Requirement: B.2. Commercial: TYPE OF USE Banks, financial institutions and similar uses Clinic (medical, dental, optical) and veterinary animal hospital or clinic Department store PARKING SPACE REQUIRED 1 for each 200 sq. ft. of gross floor area 1 for each 200 sq. ft. of gross floor area of examination, treating room, office, and waiting room 1 for each 400 sq. ft. of gross floor Area Drive-in establishment Mortuaries Professional offices Retail store Sales (automotive, mobile home, Travel trailers, farm implements) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-008 TJBJ, INC. / MOXIE JAVA REDUCTION IN PARKING SPACES 5 reserved spaces per customer service window I for every 3 seats, plus 1 parking space for each funeral vehide kept on the premises. 1 for each 400 sq. ft. of gross floor area 1 for each 200 sq. ft. of gross floor area 1/3 of the sales lot for designated customer parking Page 3 of 9 Service station and motor vehicle 2 for each service bay repair (major or minor) 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 Planning and Zoning Department. 12. The characteristics of the subject property which prevent compliance with the requirements of the ordinance are that Applicant cannot meet the regulation for parking, as there are not enough parking spaces. 13. The minimum requirements of the ordinance that need to be reduced to permit the proposed use would be the need to decrease the number of parking spaces to two parking spaces for the drive-thru establishment. 14. The difficulty or hardship which would result if the requirements of the ordinance were applied to the subject property is that there is not enough parking for two uses on the site. 15. The unusual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied with, and the special conditions and circumstances that exist, are as stated above in number 14, and because the conditional use permit applied regulated parking for two lots, and the Lease Agreement was signed separately. 16. A literal interpretation of the provisions of the ordinance would deprive FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-008 TJBJ, INC. / MOXlE JAVA REDUCTION IN PARKING SPACES Page 4 of 9 the Applicant rights because there is not enough parking at the Econo Lube where the drive-thru coffee hut would be located, but there is bonus parldng at Shuclcs. 17. The existence of special circumstances or conditions affecting the property are as stated above in paragraphs 14, 15, and I6. 18. Granting the variance would maintain rights which would be afforded to others in the same situation. 20. The variance would convenience the applicant since he ~vould not have to provide the extra two parking stalls at the location where the cost-effective business would be located. 21. The granting of the requested variance will not be detrimental to the Public's welfare or injurious to other property in the area of the proposed plat, and, in fact, the development of the plat in accordance with the conditions of approval and the requirements of the Subdivision Ordinance will prevent the conditions which are the source of the complaints raised in the public hearing of this matter. 22. The granting of this variance will not have an effect of altering the interest and purpose of the Subdivision or Development Ordinance and/or the City's Comprehensive Plan for the reasons stated above. 23. The applicant paid the fee established by the City Council for application for a variance. 24. The applicant shall be required to first complete the conditions as required FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-01-008 TJBJ, 1NC. / MOXIE JAVA REDUCTION IN PARKING SPACES within their corresponding conditional use permit application, Case No. CUP-01-010, in order for this variance application to be granted. 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 of Idaho Code § 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 of Idaho Code § 67-6516 by the enactment as a parc of its Zoning and Development Ordinance variances, 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 standards 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 dearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zmting 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-01-008 TJBJ, INC. / MOXIE JAVA REDUCTION IN PAP. KING SPACES 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, 11-13-5-B.2., Parking Space Requirement, Commercial, and in the RUT zone if granted the variance, provides as follows: 11-13-5. ParMng Space Requirement: B.2. Commercial: TYPE OF USE Banks, financial institutions and similar uses Clinic (medical, dental, optical) and veterinary animal hospital or clinic Department store Drive-in establishment Mortuaries FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-008 TJBJ, 1NC. / MOXIE JAVA REDUCTION IN PARICING SPACES PARIrdNG SPACE REQUIRED 1 for each 200 sq. ft. of gross floor area 1 for each 200 sq. ft. of gross floor area of examination, treating room, office, and waiting room 1 for each 400 sq. f. of gross floor Area 5 reserved spaces per customer service window 1 for every 3 seats, plus 1 parldng space for each funeral vehicle kept Page 7 of 9 Professional offices Retail store Sales iautomotive, mobile home, Travel trailers, farm implements) Service station and motor vehicle repair (major or minor) on the premises. 1 for each 400 sq. ft. of gross floor area 1 for each 200 sq. ft. of gross floor area 1/3 of the sales lot for designated customer parldng 2 for each service bay DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Comxcil does hereby Order and this does Order: 1. That the Applicant is hereby granted a variance from the parldng space requirements for the Moxie Java in the RUT zone, but the applicant shall first be required to complete the conditions as required within their corresponding conditional use permit application, Case No. CUP-01-010, in order for this variance application to be granted, and if the Applicant complies with the CUP-01-010 conditions then the Applicant shall be allowed two spaces less thm~ the minimum required by the Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-01-008 TJBJ, INC. / MOXIE JAVA REDUCTION IN PARKING SPACES Page 8 of 9 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 § 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 Space Requirements in the RUT Zone as provided in the Section 11-13-5.B.2. 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 ,200,. of ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS day VOTED VOTED VOTED__~ VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ~-- ~t --O/ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- ORDER OF DECISION GRANTING A VARIANCE / VAR-0t-008 TJBJ, INC. / MOXIE JAVA REDUCTION IN PARKING SPACES Page 9 of 9 MOTION: ~ APPROVED~r___ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. City Clerk Dated: \kNPA_NT S 40_P DC\S ERVER_Z\WorkkMLMeridian\M eridian 15360MLMoxie Java CUP014310~F fClsGrantVariance01-008 .doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- 9 ORDER OF DECISION GRANTING A VARIANCE / VAR-01-008 TJBJ, [NC. / MOX1E JAVA REDUCTION IN PARKING SPACES Page 10 of