HomeMy WebLinkAboutKnighthill Center VAR 09-001BEFORE THE MERIDIAN CITY COUNCIL
C/C OS-5-09
1N THE MATTER OF THE REQUEST )
FOR VARIANCE TO ALLOW 1 RIGHT- )
1N/RIGHT-OUT ACCESS POINT TO )
STATE HIGHWAY 20/26 AND TO )
REDUCE ITD RIGHT-OF-WAY )
ADJACENT TO CHINDEN BOULEVARD)
FROM 100 FEET TO 70 FEET )
FOR )
KNIGHTHILL CENTER 1
Case No. VAR 09-001
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL
APPLICANT )
The above entitled variance application having come on for public hearing on Apri17,
2009, at the hour of 7:00 o'clock p.m. at Meridian City Hall, 33 East Broadway Avenue,
Meridian, Idaho. Anna Canning, Meridian Planning and Zoning Department, and James
Wylie, appeared and testified, and the City Council having duly considered the evidence and
the record in this matter therefore make the following Findings of Fact and Conclusions of
Law, and Decision and Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for annexation and zoning was
published for two (2) consecutive weeks prior to said public hearings scheduled for Apri17,
2009, before the City Council, the first publication appearing and written notice having been
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR
KNIGHTHILL; CASE NO. VAR 09-001
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mailed to property owners or purchasers of record within three hundred (300') feet of the
external boundaries of the property under consideration more than fifteen (15) days prior to
said hearings and with the notice of public hearings having been posted upon the property
under consideration more than one week before said hearing; and that copies of all notices
were made available to newspaper, radio and television stations as public service
announcements; and the matter having been duly considered by the City Council on January
Apri17, 2009, public hearing; and the applicant, affected property owners, and government
subdivisions provided services within the planning jurisdiction of the City of Meridian, having
been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §§67-6509 and 67-6511, and §11-SA, Municipal Code of the City of Meridian.
3. The City Council takes 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 Amended Comprehensive Plan of the City of Meridian
adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the
Impact Area Boundary.
4. The property is generally located at the Southwest corner of West Chinden
Boulevard and N. Linder Road, Meridian, Idaho.
5. James Wylie whose address is 1676 North Clarenden Way, Eagle, Idaho, is the
current property owner and applicant.
6. The Applicant requests a variance to allow 1 right-in/right-out access point to
State Highway 20/26 and to reduce ITD right-of--way adjacent to Chinden Boulevard from 100
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR
KNIGHTHILL; CASE NO. VAR 09-001
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feet to 70 feet. The property which is the subject of this application is within the City of
Meridian.
CONCLUSIONS OF LAW
The City of Meridian shall exercise the powers conferred upon it by the "Local
Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council shall apply the standards listed in Idaho Code §67-
6516 and all the findings listed in Section 11-SB-4.E of the UDC to review the variance
request. In order to grant a variance, the Council shall make the following findings:
a. The variance shall not grant a right or special privilege that is not otherwise
allowed in the district.
b. The variance relieves an undue hardship because of characteristics of the site.
c. The variance shall not be detrimental to the public health, safety and welfare.
3. Due consideration has been given to the comment(s) received from the
governmental subdivisions providing services in the City of Meridian planning jurisdiction.
4. That this denial is in accordance with the attached Staff Report for the hearing
date of Apri17, 2009, incorporated by reference.
DECISION AND ORDER
NOW, THEREFORE, BA5ED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby
order and this does order:
That the application for variance is denied for the following reasons:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR
KNIGHTHILL; CASE NO. VAR 09-001
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1) Granting this variance would grant a right or special privilege given that the
City of Meridian has a specific ordinance with respect to limiting access to state
highways as set forth in Section 11-3H of the Meridian Unified Development
Code.
2) There no undue hardship in this matter since applicant still has access to this site
that does not violate the provisions set forth in the UDC, Section 11-3H.
3) Granting this variance would be detrimental to the health, safety and welfare of
the public.
By action of the City Council at its regular meeting held on the ~ day of
2009.
ROLL CALL:
COUNCILMAN KEITH BIRD VOTED f~~U--
COUNCILMAN BRAD HOAGLUN VOTED
COUNCILMAN CHARLIE ROUNTREE VOTED
COUNCILMAN DAVID ZAREMBA VOTED
MAYOR TAMMY de WEERD (TIE BREAKER) VOTED
DATED: ~ ~
MOTION: APPROVED:
DISAPPROVED:
~~~~~~~
MAYOR AMMY de WEERD
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR
KNIGHTHILL; CASE NO. VAR 09-001
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``,~~1llltllifl//p/~~
ATTEST: ~~,•~~~y Of SERI®~9,` ~~~.
:: \~pFt~4 Teo ~''~
_ _
JAYCEE L. OLMAN, CITY CLERK ~~ o°~
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Copy served upon Applicant, the Planning and Zoning Department, Public Works Department,
and City Attorney.
BY~ Dated:~J -~
City Clerk's Office
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR
KNIGHTHILL; CASE NO. VAR 09-001
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