HomeMy WebLinkAboutSeven Gates Properties VAR-00-020BEFORE THE MERIDIAN CITY COUNCIL
C/C 09-13-00
IN THE MATTER OF THE )
APPLICATION OF DAROL )
FORSYTHE / SEVEN GATES )
PROPERTIES, REQUEST FOR )
VARIANCE FOR THE )
REDUCTION OF LANDSCAPING )
REQUIREMENTS TO ALLOW )
NEW CONSTRUCTION SITE TO )
MATCH EXISTING AND TYPICAL )
FOR THE AREA AND )
SUBDIVISION, LOCATED AT )
LOTS 8,9 AND 10 OF BLOCK 1 OF )
THE LAYNE INDUSTRIAL PARK, )
MERIDIAN, IDAHO )
CASE NO. VAR-00-020
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 September 5, 2000, and continued until September 13, 2000, and Steve
Siddoway, Planner for Planning and Zoning, appeared and testified at the hearing, and
appearing and testifying on behalf of the applicant was Russ Dane, and Walt Morrow
appeared and testified 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 AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION DENYING VARIANCE /
DAROL FORSYTHE/SEVEN GATES PROPERTIES (VAR-00-020)
Page 1 of 7
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION:
CONCLUSIONS OF LAW
Judicial Notice:
The Council may take judicial notice of govemment ordinances, and policies,
and of actual conditions existing within the City and State.
1. The City of Meridian has authority pursuant to the enactment of the
"Local Land Use Planning Act" codified at Chapter 65, Tide 67, Idaho Code and in
particular in § 67-6516 to provide as part of its zoning ordinance for the process of
applications for variance permits.
2. The City of Meridian has duly 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 55 67-6509, 6516 and Meridian City Code 55 11-15-5 and ! 1-17-
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION DENYING VARIANCE /
DAROL FORSYTHE/SEVEN GATES PROPERTIES (VAR-00-020)
Page 2 of 7
Development Ordinance would dearly 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, § 11-13-4 B 3, DESIGN STANDARDS FOR OFF-
STREET PARKING, SCREENING, LANDSCAPING AND DRAINAGE,
SCREENING, and in the I-L zone, which provides as follows:
11-13-4 DESIGN STANDARDS FOR OFF-STREET PARIrdNG:
B. Screening, Landscaping And Drainage:
3. Screening:
a. Whenever a commercial off-street parldng area is located
in or adjacent to a residential district, it shall be effectively
screened on all sides which adjoin or face any property used
for residential purposes by a wall, fence, or planting screen
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION DENYING VARIANCE /
DAROL FORSYTHE/SEVEN GATES PROPERTIES (VAR-00-020)
Page 3 of 7
that is not less than four feet (4') in height plus a planting
strip of four feet (4') minimum width or in an alternate
arrangement as approved by the Commission.
b. Suitable landscaping and ground cover shall be provided
and maintained on a continuing basis within the planting
strip. Planting screens or hedges shall not exceed two feet
(2') in height where location is such that sight lines are
necessary for vehicular movement across pedestrianways.
c. At least one tree of not less than three inches (3")
diameter size class shall be provided for every one thousand
five hundred (1,500) square feet of pavement area.
STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY
AND JURISDICTION
FINDINGS OF FACT
1. The applicant, Darol Forsythe/Seven Gates Properties, owner of
the property, 2657 Windmill Parkway, Suite 390, Henderson, Nevada 89014, filed for
a variance of the landscaping requirements at Meridian City Code § 11-15-5 and 12-
11-3.
2. Applicant, Darol Forysthe/Seven Gates Properties, seeks a variance
of the landscaping requirements because applicant seeks reduction to allow new
construction site to match existing and typical for the area and subdivision for lots 8, 9,
and 10 in Block 1 in the Layne Industrial Park.
3. The location of the subject property is located in an Light Industrial District
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 7
ORDER OF DECISION DENYING VARIANCE /
DAROL FORSYTHE/SEVEN GATES PROPERTIES (VAR-00-020)
(I-L) at 2269, 2307 and 2393 E. Commercial 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:
Lot 8, 9, and 10 in Block 1 of Layne Industrial Park Subdivision, according to the plat
thereof, filed in Book 69 of Plats at pages 7113 and 7114, records of Ada County,
Idaho.
5. Pursuant to the staff testimony and action of the City Council at
their September 13, 2000 meeting, that the request for variance should be denied, and
that the prior plan be affirmed.
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. Pursuant to § 11-13-4 B 3 of the Meridian City Code, the Applicant is
hereby denied the reduction of landscaping variance as per the decision of the City
Council at their September 13, 2000, meeting, for the real property located at 2269, 2307
and 2393 E. Commercial Street, Meridian, Idaho.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION DENYING VARIANCE /
DAROL FORSYTHE/SEVEN GATES PROPERTIES (VAR-00-020)
Page 5 of 7
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
ff~ ,2000. ·
ROLL CALL:
COUNCILMAN RON ANDERSON
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: t/~) ~cvq fOO
MOTION: APPROVEI~_~
day of
VOTED
VOTED
VOTED
VOTED
VOTED
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION DENYING VARIANCE /
DAROL FORSYTHE/SEVEN GATES PROPERTIES (VAR-00-020)
Page 6 of 7
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and the City Attomey office.
By'~. ~--~,~ ~, ~3. Dated:
City Clerk /./
msg/Z:\WorkLMLMeridian 15360M\Seven Gates Deny VAR020~FfClsDenyVariance
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND --
ORDER OF DECISION DENYING VARIANCE /
DAROL FORSYTHE/SEVEN GATES PROPERTIES (VAR-00-020)
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