HomeMy WebLinkAboutTen Mile Fire Station VAR-00-014BEFORE THE MERIDIAN CITY COUNCIL
08-02-00
IN THE MATTER OF THE )
APPLICATION OF THE CITY OF )
MERIDIAN, FOR A VARIANCE )
OF THE 30-FOOT FRONT YARD )
SETBACK REQUIRED IN THE L- )
O ZONE PROPOSING A 20-FOOT )
FRONT YARD SETBACK, )
LOCATED ON THE WEST SIDE )
OF TEN MILE ROAD, )
APPROXIMATELY 1/2-MILE )
NORTH OF CHERRY LANE, )
MERIDIAN, IDAHO
VAR-O0-014
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 1, 2000, and Shari Stiles, Planning and Zoning Administrator,
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 mal, e the
following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-
wit:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE / VAR-00-014
BY: CITY OF MERIDIAN. / TEN MILE FIRE STATION
Page 1 of 10
FINDINGS OF FACT
1. The City Council tal<es 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 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 the City of Meridian, whose address is 33 E. Idaho
Street, Meridian, Idaho 83642.
4. The owner of the property is the City of Meridian, whose address is 33 E.
Idaho Street, Meridian, Idaho 83642.
5. The location of the subject property is located in a Limited Office (L-O)
District on the west side of Ten Mile Road, approximately 1A-mile north of Cherry
Lane, Meridian, Idaho.
6. 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:
SE 1/4 of the NE 1/4 of Section 3, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho; Lot 8, Block 10, of The Lal<es at Cherry Lane No.
5.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE / VAR-00-014
BY: CITY OF MERIDIAN. / TEN MILE FIRE STATION
Page 2 of 10
7. The present land use of subject property is presently zoned as (L-O)
Limited Office District which is presently vacant land.
8. The proposed land use of subject property is to develop a City of
Meridian fire department substation.
9. That a vicinity map, attached hereto as Exhibit "A", consisting of one
page, of the proposed scale approved by the City Council showing property lines,
existing streets, proposed district and such other items as required have been furnished.
10. The Applicant seelcs a variance of the following provision of the Meridian
City Code, § 11-9-1, MINIMUM YARD SETBACK REQUIREMENTS, which is
attached hereto as Exhibit "B", and consisting of two pages, and incorporated as if set
forth in full :hereat.
11..All property owners within three hundred feet (300') of the extemal
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 the applicant requests the 10-foot reduction
to allow for an eight-foot overhang at the front of the building. The property does not
have adequate depth to construct a building with the needed square footage for a
substation and allow proper clearances for vehicles at the rear of the building.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 3 of 10
ORDER OF DECISION GRANTING A VARIANCE / VAR-00-014
BY: CITY OF MERIDIAN. / TEN MILE FIRE STATION
13. The minimum requirements of the ordinance that need to be reduced to
permit the proposed use would be the elimination of the requirement for a 30-foot
setback on the arterial and collector streets in the L-O zone. This would accommodate
the Ten Mile fire department substation design, and the applicant requests a reduction
in the front yard setback to 20-feet.
14. The difficulty or hardship which would result if the requirements of the
ordinance were applied to the subject property are that if the variance is not granted,
the proposed fire substation design will be compromised. The aesthetics of the
building design are important so that the substation can fit in with the existing
neighborhoOd. The only encroachment into the 30-foot setback would be the canopy
for the entrance to the building.
15. The unusual or peculiar circumstances which indicate that regulations of
the ordinance should not be strictly complied with are that the fire department did not
have a detailed design for the substation when the property was acquired. The site
design criteria for maneuvering of truclcs requires a greater setback at the rear of the
building. No property is available at this location to provide a larger building site. The
previous landowner desires to see a building that fits into the neighborhood, and has
the appearance of a residence with a large garage. Additionally, the fire substation
would provide a much needed public service to the area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 4 of 10
ORDER OF DECISION GRANTING A VARIANCE / VAR-00-014
BY: CITY OF MERIDIAN. / TEN MILE FIRE STATION
16. The special conditions and circumstances that exist which are peculiar to
the land, structure or buildings involved which are not applicable to other lands,
structures or buildings in the same district are that the piece of land was donated to the
City of Meridian for a fire substation site. The land surrounding the property is
developed as residential. The desired structure for the substation has greater aesthetic
appeal with ~the inclusion of the canopy over the entrance to the facility.
17, A literal interpretation of the provisions of the ordinance would deprive
the Applicant are that the proposed fire substation building cannot easily be
accommodated on this site. The use proposed is not typical of structures in the L-O
zone, and a site plan had not been determined at the time the property was acquired.
18. .The existence of special circumstances or conditions affecting the
property is l~hat the piece of property is surrounded by developed properties on all
sides, and iS therefore an "infill" type development. The applicant does not have any
flexibility tO increase the size of the lot to meet the needs of the project.
19. Granting the variance would maintain rights which would be afforded to
others in the same situation.
20. : The Comprehensive Plan for Limited Office District is that the proposed
variance would allow for the construction of a fire substation in northwest Meridian.
The Comprehensive Plan includes these goal statements with regard to public safety:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE / VAR-00-014
BY: CITY OF MERIDIAN. / TEN MILE FIRE STATION
Page 5 of 10
6.1 To ensure adequate protection for new developments, provisions shall be
made for satellite fire stations which have a staff of fire fighters equipped
with the appropriate fire-fighting facilities.
6.9U Maintain a five-minute or less response time goal to all fire, police, and
medical emergencies within the City.
6.15U The recommended service standards for the Meridian/Rural Fire
Department shall be based on 24-hour service at the downtown main fire
station, with satellite fire stations comprising a 10,000 to 1 $,000-square
foot lot with a 3,000-square foot building of residential type construction
and character, containing a squad truck and tanker truck, operating
personnel and support staff.
21.. The variance would allow the City of Meridian to provide an adequate
truck maneuvering area at the rear of the fire substation, and to construct a fire
substation that would be adequate in size to service the growing City.
22. : 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.
23. 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.
24. The applicant paid the fee established by the City Council for application
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE / VAR-00-014
BY: CITY OF MERIDIAN. / TEN MILE FIRE STATION
Page 6 of 10
variance.
CONCLUSIONS OF LAW
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 5 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 5 67-6516
by the enactment as a part of its Zoning and Development Ordinance variances, as set
forth in Meridian City Code 5 11-18.
3. That the requirements for the processing of a variance request are set forth
in Idaho Code 5§ 67-6509, 6516 and Meridian City Code 55 11-15-5 and 11-17-5.
4. · Application and standards for variances are set forth in Meridian City Code
5 11-18-2, and the findings which are required are set forth in Meridian City Code 5 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE / VAR-00-014
BY: CITY OF MERIDIAN. / TEN MILE FIRE STATION
Page 7 of 10
or other conditions that malce 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, in the L-O, and which is attached hereto as Exhibit "B", and
consisting of two pages, and incorporated as if set forth in full hereat.
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:
1. That the Applicant is hereby granted a variance from the Minimum Yard
Setback Requirements for the Ten Mile Fire Substation in a Limited Office zone, and will
be allowed a 20-foot front yard setback.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE / VAR-00-014
BY: CITY OF MERIDIAN. / TEN MILE FIRE STATION
Page 8 of 10
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 in the L-O Zone as provided in the Section § 11-9-1, MINIMUM YARD
SETBACK REQUIREMENTS 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 t/~r-~'-- day of
ROLL CALL:
,2000.
COUNCILMAN RON ANDERSON
COUNCILMAN KEITH BIRD
COUNCILPERSON TAMMY deWEERD
COUNCILPERSON CHERIE McCANDLESS
MAYOR ROBERT D. CORRIE (TIE BREAI(.ER)
DATED: ~"-/~- ~55~
VOTED
VOTED ~'~'"'
VOTED ~--~
VOTED (~fa~
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE / VAR-00-014
BY: CITY OF MERIDIAN. / TEN MILE FIRE STATION
Page 9 of 10
MOTION:
aee ow
DISAPPROVED:
City Clerk o' /'
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and the City Attorney office.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF DECISION GRANTING A VARIANCE / VAR-00-014
BY: CITY OF MERIDIAN. / TEN MILE FIRE STATION
Page 10 of 10