HomeMy WebLinkAboutHollows Subdivision VAR 00-023BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
APPLICATION OF CHUCK )
ELLIOT/THE ELLIOT GROUP, )
THE APPLICATION FOR )
VARIANCE OF THE REQUIRED )
20 FOOT TO A 10 FOOT WIDE )
PLANTING STRIP IN A )
PROPOSED IL ZONE, FOR )
ELLIOT INDUSTRIAL PARK, )
SOUTH OF FAIRVIEW AVENUE )
AND EAST OF LOCUST GROVE )
ROAD, MERIDIAN, IDAHO )
)
)
)
VAR-00-023
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 September 19, 2000, and Shaft Stiles, Planning and Zoning Administrator,
appeared and testified, and appearing and testifying on behalf of the Applicant was Shawn
Nidcel, 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:
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ORDER OF DECISION GRANTING A VARIANCE / VAR-00-023
ELLIIOT GROUP
FINDINGS OF FACT
I. The City Council takes judidal notice of its Zoning, Subdivisions and
Development Ordinances codified at Title 11 Munidpal 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 Chudc Elliot/The Elliot Group, LLC, whose address is
2065 E. FairviewAve., Meridian.
4. The owner of the property is Tessie Snodgrass.
5. The location of the subject property is located south of Fairview, east of
Locust Grove on Wilson Lane, Meridian, Idaho.
6. The legal description of the property appertains to the real property that is
included within the Vidnity Map as appears in the record of proceeds of this matter.
7. The present land use of subject property is presently zoned as Light
Industrial (I-L).
8. The proposed land use of subject property is to develop the subject
property in the following manner: Industrial Parle
9. That a site plan map is attached hereto as Exhibit "B", consisting of one
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ORDER OF DECISION GRANTING A VARIANCE / VAR-00-023
ELLIIOT GROUP
pages, of the proposed landscaping.
10. The Applicant seeks a variance of the following provision of the Meridian
City Code, § 12-4-7A Meridian Subdivision Ordinance, which provides as follows:
A. Planting Strips: Planting strips shall be required to be placed next to
incompatible features such as highways, ralroads, commercial or industrial
uses to screen the view from residential properties. Such screening shall be
a minimum of twenty feet (20') wide, and shall not be a part of the normal
street right of way or utility easement; and..
11. All property owners within three hundred feet (300') of the external
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 is the width of the existing parcel that is being
developed.
13. The minimum requirements of the ordinance that need to be reduced to
permit the proposed use would be the reduction of the requirement of 20 feet to 10 feet.
14. The difficulty or hardship which would result if the requirements of the
ordinance were applied to the subject property is that redesign the building planned for
Lot # 1 and the desirability of Lot #2 would be lessened.
15. The special conditions and circumstances that exist are that the property is
of an unusual shape to acconunodate a standard landscaping strip and the adjoining uses
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will still receive the buffering from the strip.
16. A literal interpretation of the provisions of the ordinance would deprive
the Applicant rights commonly enjoyed by other properties in the same district under the
terms of the Ordinance.
17. Granting the variance would maintain rights which would be afforded to
others in the same situation.
18. 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.
19. 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.
20. The applicant paid the fee established, by the City Council for application
variance.
CONCLUSIONS OF LAW
· 1. 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, bythe
provisions of Idaho Code § 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 § 67-6516 by
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ELLIIOT GROUP
the enactment as a part of its Zoning and Development Ordinance variances, as set forth in
Meridian City Code § 11-18.
3. That the requirements for the processing of a variance request are set forth in
Idaho Code §§ 67-6509, 6516 and Meridian City Code §§ 11-15-5 and 11-17-5.
4. 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 § 11-18-
3, include required findings that there are spedal drcumstances or conditions affecting the
property that strict application of the provisions of Zoning and 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 objecti'ves of the ordinance, and that the granting of a spedfied 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.
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ELLIIOT GROUP
5. Meridian City Code provides as follows:'
A~ Planting Strips: Planting strips shall be required to be placed next to
incompatible features such as highways, raikoads, commerdal or industrial
uses to screen the view from residential properties. Such screening shall be
a minimum of twenty feet (20') wide, and shall not be a part of the normal
street right of way or utility easement; and..
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 herel3y granted a variance from the landscaping
requirements for the Elliot Industrial Park Subdivision by reduction of the required 20'
landscaping strip to 1 O' with a minimum 20' spacing between trees.
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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 variance of the Schedule of Parking Space Requirements; Recreation
or Entertainment in the O-T Zone as provided in the Section 11-13-5 B. 5. 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 /~'~-day of
,2000.
ROLL CAI.I.:
COUNCILMAN RON ANDERSON
COUNCILMAN KEITH BIRD
COUNCILPERSON TAMMY deWEERD
COUNCILPERSON CHERIE McCANDLESS
VOTED ~
VOTED ~r.-
VOTED ~
VOTED ~'~
MAYOR ROBERT D. CORRIE <TIE BREAI~R)
DATED:
VOTED
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ORDER OF DECISION GRANTING A VARIANCE / VAR-00-023
ELLIIOT GROUP
MOTION:
APPROVED: L//
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public
Department, and the City Attorney office. ~
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ORDER OF DECISION GRANTING A VARIANCE / VAR-00-023
ELLIIOT GROUP