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HomeMy WebLinkAbout1989 08-15 A G E N D A MERIDIAN CITY COUNCIL AUGUST 15, 1989 ITEM: MINUTES OF PREVIOUS MEETING HELD AUGUST 1, 1989: 1: DON FISHER: MASONIC LODGE ON PARKING LOT: (GAVE PRESENTATION) 2: LYNN BALL: ILLITERACY RALLY: (CANCELLED) 3: FINDINGS OF FACT ON VARIANCE REQUEST BY CHRIS & LILLIAN TALLEY: (APPROVED) 4: PUBLIC HEARING: APPLICATION FOR CONDITIONAL USE PERMIT BY ALIDJANI & BLAIR:(APPROVED) 5: PUBLIC HEARING: FENCE VARIANCE REQUEST BY JOHN & RUTH MANIER:(FINDINGS OF FACT) TO BE PREPARED 6: TENATIVE BUDGET: RESOLUTION #127: (APPROVED) 7: DEPARTMENT REPORTS: MERIDIAN CITY COUNCIL The Regular Meeting of the Meridian City Council was called to order by Mayor Grant Kingsford at 7:30 P.M.: Members Present: Bob Giesler, Ron Tolsma, Bert Myers, Walt Morrow: Others Present: Chris Talley, Don Fisher, Elsie Smith, K. Beumeler, Bill Blair, Moe & Helen Alidjani, Wayne Skiver, Tim Hepper, Ray Campbell, Ann Peterson, Gary Smith, Bill Gordon, Earl Ward, Danny Higgs, Jessie Danielson, John Manier, Kurt Shellhorn: The Motion was made by Giesler and seconded by Tolsma to approve the minutes of the previous meeting held August 1, 1989 as written: Motion Carried: All Yea: Kingsford: We would like to commend one of our Wastewater Treatment Plant employees, Danny Higgs would you please come forward. Myers: Presented Danny Higgs with a Certificate for a Class I Operator. We are proud of you, thank you. Item #1: DON FISHER: MASONIC LODGE ON PARKING LOT: Fisher: Fisher introduced Jessie Danielson. We are here to represent the Masonic Masons of Meridian and our property is at 800 E. 2nd Street. Our reason for being here is we have a problem with the public parking on our pavement which is about 14,000 square feet around the temple. Going by our former lease, we can not lease the property out and we don't have liability insurance for the public to park there. It is our consideration that maybe you could help us resolve this problem of insurance and the public use of lot without our having to fence them out. At this time we are just asking for your consideration. We would like to have an answer by October 31, 1989. Kingsford: We appreciate you coming in and we also have some concerns about it and the Council will consider it. Myers: Is your main concern the liability for parking. I can see what you are talking about, we will have to look into that to see what the City could do. Danielson: It would be real nice to work with you gentlemen. Item #2: LYNN BALL: ILLITERACY RALLY: Kingsford: This Item was cancelled and will be on a later Agenda. Item #3: FINDINGS OF FACT ON VARIANCE REQUEST BY CHRIS & LILLIAN TALLEY: Kingsford: Council Members you have had the Findings of Fact do you have any questions. Giesler: The drawings on the back are included with the Findings is that correct. Attorney: Yes: MERIDIAN CITY COUNCIL • • AUGUST 15~ 1989 PAGE #2 The Motion was made by Myers and seconded by Tolsma to approve the Findings of Fact and Conclusions of Law on the fence variance. Roll Call Vote: Morrow - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea: Motion Carried: All Yea: The Motion. was made by Tolsmaand seconded by Myers to approve the Variance Request on fence for Talley. Motion Carried: All Yea: Item #4: PUBLIC HEARING: APPLICATION FOR USE PERMIT BY ALIDJANI & BLAIR: Kingsford: Moe would you please come forward and open this up and then we will open the Public Hearing. Moe Alidjani, 2023 Turnberry, was sworn by the City Attorney. Alidjani: We have a gentleman that is interested in using the cafeteria, he wishes to have a church established there. Tolsma: Have you seen ACRD comments and the others. Alidjani: We didn't have any problem. What the Planning & Zoning said is they will give us a variance on the part about the curbs & gutters because nobody else had done anything about it. Giesler: The concern of mine was the parking. Do you feel that there is adequate parking for this project. Alidjani: There is about two acres and about ~ acre of that is blacktop. Also I would like to make sure there would be a new system of water, power and also gas for heating would be installed prior to occupancy. Morrow: What are the requirements to bring the building to the applicable fire and life safety building codes. Kingsford: I will now open the Public Hearing. There was no response so the Public Hearing is closed. The Motion was made by Myers and seconded by Tolsma to approve of the Findings of Fact and Conclusions of Law on the Conditional Use Permit for Alidjani & Blair for church at the cafeteria at the old school. Roll Call Vote: Morrow - Yea; Giesler - Yea; Myers -Yea; Tolsma - Yea: Motion Carried: All Yea: The Motion was made by Myers and seconded by Tolsma to approve of the Conditional Use Permit for Alidjani & Blair. Motion Carried: All Yea: Item #5: PUBLIC HEARING: FENCE VARIANCE REQUEST BY JOHN & RUTH MANIER: MERIDIAN CITY COUNCIL • • AUGUST 15, 1989 PAGE #3 Kingsford: I will open the Public Hearing. Is there anyone who would like to offer testimony on the fence variance request by John & Ruth Manier: Kurt Shellhorn, .1920 Marianna Place, was sworn by the Attorney. Shellhorn: I live across the culdesac from the Manier's. There is no obstruction of view from Todd Way. I am here to support this request. Kingsford: The issue has come from corner lots. Is there anyone else who would like to offer testimony on this issue. There was no response. The Public Hearing was closed. The Public Hearing was reopened at this time. John Manier, 1911 Marianna, was sworn by the Attorney. Manier: I have one question on the comments made by the Engineer & Chief. On the Todd Way side of my house they want six feet set back from my yard or from the sidewalk and there is alot of other houses in the neighborhood that are right against the sidewalk, I don't see why mine has to be 6' back. City Engineer: There are several houses that have fences right up to the sidewalk but there are different situations as far as sight requirements are concerned. Our concern is not about what has been done but is with the travelling public down Todd Way and intersecting streets having adequate sight distance. Kingsford: We have a major concern for safety. Is this something that you can work with. Manier: I'm asking if I can leave those at about 5' instead of 6'. Giesler: What was the requirement that we put on the gentleman on Todd Way earlier. Engineer: His is at five feet. Kingsford: I don't see any problem with that. Chief Gordon: I would like to go out and look at it again. Kingsford: I will close the Public Hearing. The Motion was made by Tolsma and seconded by Myers to have the City Attorney prepare Findings of Fact and Conclusions of Law on the fence variance request by John & Ruth Manier. Motion Carried: All Yea: Item #6: TENATIVE BUDGET: RESOLUTION #127: Kingsford read Resolution #127: A RESOLUTION AUTHORIZING PUBLICATION OF AN ESTIMATE OF THE EXPENSES FOR ALL PURPOSES FOR THE CITY OF MERIDIAN, ADA COUNTY, IDAHO FOR THE FISCAL YEAR BEGINNING THE 1ST DAY OF OCTOBER, 1989, AND ENDING THE 30TH DAY OF SEPTEMBER, 1990, AND GIVING NOTICE OF PUBLIC HEARING PRIOR TO THE PASSAGE. OF THE ANNUAL APPROPRIATION BILL. BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: The amount of General Fund - Attachment A is $1,232,000.00; the Enterprise MERIDIAN CITY COUNCIL • • AUGUST 15, 1989 PAGE #4 Fund - Attachment B is $2,111,200.00; the Budget Total Revenue is $3,343,200.00. The Motion was made by Myers and seconded by Tolsma to approve of Resolution #127. Motion Carried: All Yea: Item #7: DEPARTMENT REPORTS: Alidjani: About three months ago when I was here regarding the gymnasium at the school you asked me if any other activities happened over there I should come back to you and talk to all of you. I have a gentleman that is interested in the gymnasium in con- junction with the jazercise class that is going on right now. The Fire Marshall has no problems with that. The gentleman's name is Kevin Anderson and he is here if you have any questions of him. There is two bathrooms right off the gymnasium. We are thinking about just putting in a new water meter and just utilize the two bathrooms. Giesler: That is zoned residential right now. How many businesses are you planning on putting in there. If this is going to be a business venture then it needs to be zoned properly, do you have a problem with changing the zoning. Alidjani: The gymnasium is the only part that can be used. I would have a problem with changing the whole thing commercial because we are talking about 3.5 acres when only the gym is being used. Morrow: Have you addressed the issue of isolating that gym from the rest of the building. Alidjani: We did talk to the Fire Marshall before the Jazercise Class went in. Morrow: So he has approved it in it's present form. Alidjani: Yes, but I'm not sure that he is aware that we might use that six days a week. He approved me at that time for the jazercise class for a couple of hours on Monday, Wednesday and Saturday. Kingsford: What kind of a load are we talking about? Just one instructor yourself. Anderson: Just myself and about twenty students. Tolsma: Does the Engineer have any comments? Engineer Smith: If he is going to run a new system over there and put it on a separate meter, it's just two bathrooms, a toilet and a sink in each bathroom. There is no problem from the sewer standpoint. Morrow: I would like to see Skip's written report in terms of his approval and his input. The Motion was made by Myers and seconded by Giesler to approve of this use conditioned upon the Fire Marshall's approval. Motion Carried: All Yea: Myers: The Hospice Annual Golf Tournament is in September all the proceeds go to the Hospice Program. Alidjani: Thank you for approving the raise request in January and also there was some concern about our telephone system. I have a cellular phone and that problem is taken care MERIDIAN CITY COUNCIL • • AUGUST 15, 1989 PAGE #5 of. The insurance is taken care of also. There are some areas that change from day to day and I'd like to get your approval to change the route West of Linder Road to Thursday. At one time it was discussed that I should bill everybody that does not have water and sewer in the City but they are annexed in the City. Marilyn likes to make a bill for them whether they have water or sewer or not, I need your approval for that. Kingsford: I think if we can do that it's an automatic because that was just a service we weren't able to do before. We will just do that. We have no problem with changing the day to Thursday on that route West of Linder. Alidjani: Landfill is going to raise their fee from $1.05 per compacted yard to $1.50 a compacted yard. In 1988 we paid $22,500 for the landfill bill. This coming year our bill is going to go from 22,500 to 31,000 if we assume the yard is goingto stay the same. That will affect the raise that you give us about 49$. Consider that prior to October 1, 1989. Morrow: Are these raises going to come on a fiscal year basis. THERE WAS FURTHER DISCUSSION ON LANDFILL'S: (TAPE ON FILE) City Clerk Niemann: The Fire Department sent out a lot clean up request to this Lembke property down here at King and Meridian Street and it hasen't been done yet so I need Council's approval to have it cleaned up. The Motion was made by Myers and seconded by Tolsma to proceed to have the property cleaned up at Meridian and King Street. Motion Carried: All Yea: Tolsma: There is a drainage ditch that runs in the back yards of the people between 11th and 12th street and the people evidentally have put tiles or something in there and it is now plugged off. The irrigation person says that the amount of water going into the property above is not over what the ditch is supposed to carry. Kingsford: Maybe the City Engineer and Mr. Tolsma can get together and get that squared away. We have had complaints that people are burning in the City limits and there is an Ordinance against that. Being no further business to come before the Council the Motion was made by Myers and seconded by Tolsma to adjourn at 8:20 P.M.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: _~ G P. KINGS RD, O ATTEST: \~ ~~'~es7-crrs-c PC: Mayor & Council, P & Z Members, Atty, Eng., Police, Fire, Valley News, Statesman, Stuart, Ward, Gass, Hallett, ACHD, NIMD, CDH, ACC, SID Mail (4) File (4) • • BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN APPLICATION OF CHRISTOPHER AND LILLIAN TALLEY FOR A VARIANCE FROM THE FENCE ORDINANCE AT MERIDIAN PARK SUBDIVISION FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on August 1, 1989, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Petitioner appearing in person, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was AM BROSE, FIT2GERgLD B CROOKSTON Allomaye and Counselors P.O. Box dR7 Msrlolen, ItlNo 83HY Telaplbna 88&dd81 published for two consecutive weeks prior to the scheduled hearing for August 1, 1989, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 1, 1989, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That the notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E and 11-2-419 D of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. 3. That the Applicant is the owner of the subject property. 4. That the property is zoned R-4 Residential and has been developed in that fashion and there are single-family dwellings located in the subdivision. 5. That the Ordinances of the City of Meridian, 11-9-605 J, Fences, limit the maximum height of a fence in a residential district to six (6) feet; that Section 11-9-605 J. 4. also states that walls, latticework and screens shall be considered to be fences and states that only a 3 foot fence can be constructed within the front building set back area. 6. That the Applicant has requested that it be granted a variance from the above Zoning Ordinance and allowed to move his South 6 foot fence from his property to the edge of the sidewalk and to along his North property line to have, beginning 20'3" from the sidewalk, a 2 foot section of 6 foot high fence, then an 8'6" section angling from 6 feet high to 3 feet high, and then AMBROSE, FITZGERALD e CROOKSTON Attorneys entl COUneelore P.O. SOS dZI Meritl111n, Ide~o 83812 Tslapflone BBB+tse1 from that point to the sidewalk a 3 foot high fence. 7. The property in question is Lot 10, Block 6, Meridian Park Subdivision, Meridian, Idaho, also known by the address of 2567 N.W. 12th Street, Meridian, Ada County, Idaho. 8. That the City Engineer submitted comments concerning safety, the lack of knowledge of where a driveway would be located on the adjacent vacant lot to the West of Applicant's property, and concerning the sight triangle, which comments are incorporated herein as if set forth in full. 9. That there have been no comments from property owners submitted in opposition to the variance. CONCLUSIONS 1. That .all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant AMRROSE, FITZGERALD B CROOKSTON ADOmsye eno <`iOUnblOre D.o. eo. ~zT Msrlolen, loano 83Sd2 TaleDhone SSS~~,S1 to Section 11-2-419 of the Zoning Ordinances. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Zoning Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provision of Section 11-2-419, Variances, of the Zoning Ordinance is noted which is pertinent to the Application: 11-2-419 A GENERAL The Council may authorize in specific cases a variance from the terms of this Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. No non-conforming use of neighboring land, structures or buildings in the same district and no permitted or non-conforming use of lands, structures or buildings in othez districts shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this Ordinance would result in unnecessary hardship. A variance application does not go to the Commission unless directed by the Council. 6. That the specific requirements regarding a variance gMBROSE, FITZGERALD 6 CROOKSTON gllomeye AM Counaebn P.O. BOt<427 Marl8lan, IEMo 83842 TeNplwne 8884481 that must be evidenced and found by the City Council are a follows: 11-2-19 C FINDINGS A variance shall not be granted unless (as a result of a public hearing) the Council makes a statement of supportive reasons based directly on the evidence presented to it which supports conclusions that the mentioned standards and conditions of this Ordinance have been met by the applicant and unless all of the following exist: 1. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; 2. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, other physical conditions or other conditions which are not self-inflicted, or that these conditions will result in inhibiting the achievements or the objectives of this Ordinance. AMBROSE, FITZG ERALD B CROOKSTON Atlomeya antl Counselors P.O. BOZ 02] Merltllen, Id•Iro 8]804 Telapflona 888A081 3. That the granting of the 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. 4. That such variance will not have the effect of altering the interest and purpose of this Ordinance and the Meridian Comprehensive Plan. 7. That there does not appear to be a benefit of profit, economic gain or convenience to the Applicant. 8. That there are safety concerns regarding Applicant's proposal which support a modification of the proposal if granted. 9. That regarding Section 11-2-419 C it is specifically concluded as follows: a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be unreasonable. b. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the owner. c. That the granting of the specified variance would not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated. d. That such variance would not have the effect of altering the interest and purpose of this Ordinance and the Meridian Comprehensive Plan. 10. That it is concluded the fence proposal should be AMRROSE, FITZG ERALO B CROOKSTON Atlomeys end Couneelon P.O. BOx l2] Merltlien, MMIo &7N2 Teleptrone BBB~M81 modified and granted as modified, provided the Applicant meets the other Ordinances of the City of Meridian; the Applicant, for safety concerns may, construct the fences as shown on the attached drawing and at the heights shown on the attached drawing, which drawing is incorporated herein by this reference. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopt and approves these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW VOTED COUNCILMAN GIESLER VOTED COUNCILMAN MYERS VOTED COUNCILMAN TOLSMA VOTED MAYOR KINGSFORD (TIE BREAKER) VOTED AMBROSE, FIT2GERALO B CROOKSTON Attorneys antl Counselors P.O. Boa l27 Merltlbn, Itlano BJB/2 TaleOnons tl~bl APPROVED: DISAPPROVED: • ~~1 ~ ~ ` e 3 ~ `/ ~° ~ ` j Tt`c ~°:9 , i ~ ^~ ~~r-4 ~ ~, _ ~~~~~ 1 `-vc% i ~ ~~ ~ ~ y. sa iW'~' ~ ~=yo' ~, c $ ~N • - -. - ~ •._ -. ~ ~ ~ • ~ 4 ~ 4 - -. -- c Wq _ _ _ - _ ~.~ - h-- 1~ ~- Z ~ - - - - _ _ - ~ ~ .9 -~ O J~ "~ ~1 =3 3 ~~ 0 0 ~ ,~ u ~;~ ~ Qc WW~~It _ .~ ~~ ~,~a.z ,~ N ~ Q a ~~ W .9~,1 W W - ~~~p ~ V ~ zrd ~J W ~ H W eC ~ otm~oZ ,~ tWy~ chi F~" a a. LL O ~ , ~ ^ ,,,t~ '~ ~ ~ ~ - ~v~~1 ~~r+°~ t ~i11` ~ ~ ti ' ~ C, ~ ` W YP ~~ (~ ~ ` ~~ ~Y ~~~~' ~3~ ~ ~ Wis. _d~~d ~~ N a --~ W V Z LL ~ S q ~ W _ V W ~ S¢ O V1 ;~ W J ~ ~ 0 Q ~ ~ x z .o e ~ ~ ~N O N r i ~ rf~~W ~~ f----'s ~~ Z ~ W a~v~ v1~iu -~ O 1I N 7 / BEFORE THE CITY COUN($IL OF THE CITY OF MERIDIAN APPLICATION OF JOHN AND RUTH MANIER FOR A VARIANCE FROM THE FENCE ORDINANCE AT 1911 MARIANNA PLACE FINDINGS OF FACT AND CONCLUSIONS The above entitled variance reque~t having come on for consideration on August 15, 1989, at approximately 7:30 o'clock p.m. on said date, at the Meridian Ci~y Hall, 33 East Idaho Street, Meridian, Idaho, the Petitioner appearing in person, and the City Council having heard and token oral and written testimony, the City Council of the City' of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for August 15, 1989, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 15, 1989, hearing; that copies of all notices were available to newspaper,,radio and television stations. AMBROSE, FITZGERALD k CROOKSTON AlbrneYa end '~, Counaelwa P.O. Boa aZ/ Merltllsn, IGM 87BC2 Talaonon.eae~uBl 2. That the notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E and 11-2-419 D of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. 3. That the Applicant is the owner of the subject property. 4, That the property is zoned R-4 Residential and has been developed in that fashion and there are single-family dwellings located in the subdivision. 5. That the Ordinances of the City of Meridian, 11-9-605 AMBROSE, F1T2GERALD 6 CROOKSTON Attome7saM CounaNOn P.O. Boa 127 MBlltllan, ItlNo 87812 Telephone 88&1181 J, Fences, limit the maximum height of a fence in a residential district to six (6) feet; that Section 11-9-605 J. 4. also states that walls, latticework and screens shall be considered to be fences and states that only a 3 foot fence can be constructed within the front building set back area. 6. That the Applicant has requested that he be granted a variance from the above Ordinance and allowed to erect a six foot cedar fence along the sidewalk enclosing the rear and both sides of his property. 7, The property in question is Lot 24, Block 6, Sunnybrook Farms Subdivision #2, Meridian, Idaho, also known by the address of 1911 Marianna Place, Meridian, Ada County, Idaho. 8. That the City Engineer commented that for safety reasons the fence should not be right adjacent to the sidewalk, but could be five feet back of the sidewalk, and that the fence should be angled at the corners fronting Marianna Place to allow additional sight distances. 9. That there have been no comments from property owners submitted in opposition to the variance. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinances. 3. That. the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Zoning Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own AM BROSE, FITZGERALD 6 CROOKSTON AUwneYa antl Counaelora P.O. Box a27 MerlElan, IEaho 838'2 TBIaDhona BBB~aet proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provision of Section 11-2-419, Variances, of the Zoning Ordinance is noted which is pertinent to the Application: 11-2-419 A GENERAL The Council may authorize in specific cases a variance from the terms of this Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. No non-conforming use of neighboring land, structures or buildings in the same district and no permitted or non-conforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this Ordinance would result in unnecessary hardship. A variance application does not go to the Commission unless directed by the Council. 6. That the specific requirements regarding a variance that must be evidenced and found by the City Council are a follows: 11-2-19 C FINDINGS A variance shall not be granted unless (as a result of a public hearing) the Council makes a AMBROSE, FIRGERALD S CROOKSTON Attorneys entl Counselors P.O. Box d27 MeriEien, Itleho B38a2 Telephone BSS~Id81 statement of supportive reasons based directly on the evidence presented to it which supports conclusions that the mentioned standards and conditions of this Ordinance have been met by the applicant and unless all of the following exist: 1. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; 2. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, other physical conditions or other conditions which are not self-inflicted, or that these conditions will result in inhibiting the achievements or the objectives of this Ordinance. 3. That the granting of the 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. 4. That such variance will not have the effect of altering the interest and purpose of this Ordinance and the Meridian Comprehensive Plan. 7. That there does not appear to be a benefit of profit, gMSROSE, FITZGERALD B CROOKSTON l.ROmeys anE Counaelon P.O. BOZ IY7 Msr10Mn, ICatlo B3B/2 Telephone 833~M1 economic gain or convenience to the Applicant. 8. That there are safety concerns regarding Applicant's proposal which support a modification of the proposal if granted. 9. That regarding Section 11-2-419 C it is specifically concluded as follows: a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be unreasonable. b. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the owner. c. That the granting of the specified variance would not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated. d. That such variance would not have the effect of altering the interest and purpose of this Ordinance and the Meridian Comprehensive Plan. AM BROSE, FITZG ERALD fi CROOKSTON Attorneys MC Counselors P.O. SOx 127 MerIOMn, ICMo B2BS2 TelepNOne SB&11&1 10. That it is concluded that the proposed variance be modified to meet safety requirements and that the variance should be granted as modified, provided the Applicant meets the other ordinances of the City of Meridian; that the Applicant may construct a 6 foot fence as shown on his proposal except that it must be 5 feet in back of the sidewalk and the corners fronting Marianna Place must angled. C~ C~ APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopt AMBROSE, FITZG ERALD S CROOKSTON Attameys antl Counselor! p.o. eo. 12T Merltllen,ItlaNo &7812 Telepeone 888/181 and approves these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW COUNCILMAN GIESLER COUNCILMAN MYERS COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) VOTED/~eq VOTED tq, VOTED VOTEDN~Q VOTED(, APPROVED:~_ (,~GV , DISAPPROVED: