HomeMy WebLinkAboutKentucky Fried Chicken VAR-01-013BEFORE THE MERIDIAN CITY COUNCIL
C/C 11-20-01
IN THE MATTER OF THE
~PPLICATION OF NAMPA NEON,
INC. / KENTUCKY FRIED
CHICKEN, REQUEST FOR
VARIANCE TO ICEEP THE
EXISTING BUCKET SIGN IN A C-
G ZONE, LOCATED AT 677 EAST
1st STREET, MERIDIAN, IDAHO
CASE NO. VAR-01-013
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF DECISION
DENYING VARIANCE
The above entitled matter coming on regularly for public hearing before the
City Council on November 20, 2001, and David McKinnon, Planner for the Planning
and Zoning Department, appeared and testified at the hearing, and appearing and
testifying was the applicant was Ron Harold, and Larry Durldn appeared and testified
with comments on the application, 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:
FIND1NGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION DENYING VARIANCE /
NAMPA NEON, INC./KENTUCKY FRIED CHICKEN (VAR-01-013)
Page 1 of 7
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION:
CONCLUSIONS OF LAW
Judicial Notice:
The Council may take judicial notice of government ordinances, and policies,
and of actual conditions existing within the City and Stare.
1. The City of Meridian has authority pursuant to the enactment of the
"Local Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code and in
particular in § 67-6516 to provide as part o£ its zoning ordinance for the process of
applications for variance permits.
2. The City of Meridian has duly exercised its authority of Idaho Code
§ 67-6516 by the enactment as a part of its Zoning and Development Ordinance
variances, as set £orth in Meridian City Code § 11-18.
3. That the requirements for the processing of a variance request are set
£orth in Idaho Code § 67-6509, 6516 and Meridian City Code §§ 11-15-5 and 11-17-
5.
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 § 1 i-18-3, include required findings that there are special circumstances or
conditions affecting the property that strict application of the provisions of Zoning
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION DENYING VARIANCE /
NAMPA NEON, INC./KENTUCKY FRIED CHICKEN (VAR-01-013)
Page 2 of 7
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, § 11-18-3, and in particular item § 11-18-3 D, FINDINGS,
and in the C-G zone, which provides as follows:
11-18-3 D FINDINGS:
A. That there are such special circumstances or conditions affecting the
property that the strict application of the provisions of this Title would
dearly be impracticable or unreasonable.
B. That strict compliance with the requirements of this Title would result in
extraordinary hardship to the owner, subdivider or developer because of
unusual topography, the nature or condition of adjacent development,
other physical conditions or other conditions that make strict compliance
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 7
ORDER OF DECISION DENYING VARIANCE /
NAMPA NEON, INC./KENTUCKY FRIED CHICKEN (VAR-01-013)
with this Title unreasonable under the circumstances, or that the
conditions and requirements of this Title will result in inhibiting the
achievements or the objectives of this Title.
C. 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.
D. That such variance will not have the effect of altering the interest and
purpose of this Title and the Meridian Comprehensive Plan.
6. That the City of Meridian adopted a new Sign Ordinance on February 20,
2001, and which Sign Ordinance addresses, under §§11-14-8 B and 11-18-3 D, that
whenever a change in a specific piece of property's building or layout, by more than
25%, and a nonconforming sign on that property exists, the sign is no longer legally
nonconforming and shall be removed. The approval of the new Sign Ordinance
would then apply to the Applicant's present variance request, as the Applicant will be
adding a new building to the property, which will be more than 25% change to the
property.
Additionally, the height of the sign is not in compliance with §11-14-10, as the
present sign is more than three hundred feet from the freeway and it is not
considered an 1-84 Overlay Zone sign.
STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY
AND JURISDICTION
FINDINGS OF FACT
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION DENYING VARIANCE /
NAMPA NEON, INC./KENTUCKY FRIED CHICKEN (VAR-01-013)
Page 4 of 7
1. The applicant, Nampa Neon, IncdKentucky Fried Chicken, G & H
Enterprises, owner of the property located at 677 East 1st Street, filed for a variance
of the sign requirements of the Meridian City Code at § 11-14-10, and which existing
bucket sign is not in conformance with the new Meridian City Code. Applicant's
present bucket sign is currently more than three hundred feet from the free~vay and it
is not considered an 1-84 Overlay Zone sign. Also, the present bucket sign is not in
compliance with Meridian City Code §§11-14-8 B and 11-18-3 D.
Additionally, a new building is to be built upon the property, and the ne~v
building would bring significantly more than 25% change to the property, essentially
by the removal of the use of the building by the construction of a new building.
2. Applicant, Nampa Neon, Inc./Kentucky Fried Chicken, seeks a variance
of the sign requirements because the sign is already existing on the property.
3. The location of the subject property is located in a General Retail and Service
Commercial District (C-G) at 677 East pt Street, Meridian, Idaho.
4. The legal description of the property appertains to the real property that is
included within the Vicinity Map as appears in the record of proceeds of this matter,
and is described as follows:
A tract of land situated in Government Lot #2, Section 18, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as
follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION DENYING VARIANCE /
NAMPA NEON, INC./KENTUCKY FRIED CHICKEN (VAR-01-013)
Page 5 of 7
Commencing at a brass cap monumenting the Northwest corner of said Section 18,
thence S 0°49'10'' W along the section line a distance of 2654.47 feet to a brass cap
monumenting the West 1/4 corner of said Section 18, thence N 07o14'25'' E a
distance of 223.46 feet to a steel pin, said pin being the REAL POINT OF
BEGINNING.
Thence N 0°49'05'' E a distance of 357.70 feet to a point, thence S 60053'28'' E a
distance of 266.61 feet to a point, thence S 29°03'21" W a distance of 4.00 feet to a
highway right-of-way monument (State Highway 69), thence S 31°02'34'' W a
distance of 183.50 feet to a highway right-of-way monument, thence S 30°21 '00" W
a distance of 130.58 feet to a highway right-of-way monument, thence N 58057'26''
W a distance of 88.11 feet to a REAL POINT OF BEGINNING.
The above-described tract of land contains 1.29 acres more or less, and is subject to
all existing easements and rights-of-way.
Together with their appurtenances.
5. Pursuant to the staff testimony and action of the City Council at
their November 20, 2001 meeting, that the request for variance should be denied.
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:
I. Pursuant to §§11-18-3 D, 11-14-8 B, and 11-14-10 of the Meridian City
Code, the Applicant is hereby denied the sign variance as per the decision of the City
Council at their November 20, 2001, meeting, for the real property located at 677 East
1st Street, Meridian, Idaho.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION DENYING VARIANCE /
NAMPA NEON, INC./KENTUCKY FRIED CHICKEN (VAR-01-013)
Page 6 of 7
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 fence variance of 11-13-4 B 3 Screening as provided
in the Section 11-2-410 A, 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
,2ooo.
of
ROLL CALL:
COUNCILMAN RON ANDERSON
VOTED
VOTED
VOTED
VOTED
COUNCILMAN I(,.EITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: /Z ~4"'~O/
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION DENYING VARIANCE /
NAMPA NEON, INC./KENTUCKY FRIED CHICKEN (VAR-01-013)
day
Page 7 of 7
MOTION: APPROVEI~~
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and the City Attorney office. , ,, ,,,. ,,
City Clerk
Dated:
\~qPA_NTS40_PDC\SERVER_Z\WorkhM~Meridian\Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION DENYING VARIANCE /
NAMPA NEON, INC./KENTUCKY FRIED CHICKEN (VAR-01-013)
Page 8 of 7