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Findings and Order for Capital Christian Church Address VarianceBEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST ) TO GRANT A VARIANCE REGARDING ) A PROPOSED ADDRESS CHANGE ) FOR ) CAPITAL CHRISTIAN CHURCH 1 APPLICANT. ) C/C 11-05-14 FINDINGS OF FACT CONCLUSIONS OF LAW, DECISION AND ORDER RE: VARIANCE OF MERIDIAN CITY CODE §8-2-6 The above entitled Request to Grant a Variance by Capital Christian Church Regarding a Proposed Change in Address having come on for public hearing on November 5, 2014, at the hour of 6:00 o'clock p.m. at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. Terri Ricks, Meridian Addressing Specialist, and representatives of the Meridian Police and Fire Departments appeared and testified regarding the necessity of an address change for the Capital Christian Church, presently addressed as 2760 E. Fairview Avenue, Meridian, Idaho. Ken Wilde, Senior Pastor, appeared on behalf of Capital Christian Church, 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 property is generally located on the north side of Fairview Avenue and east of North Hickory Way, Meridian, Idaho. 2. Capital Christian Church has been in its current location, with its property extending to Fairview Avenue, for over 20 years. 3. The size of the church building exceeds 50,000 square feet. 4. Capital Christian Church was originally assigned its 2760 East Fairview Avenue address on the basis of its property extending to Fairview Avenue. 5. The church allows multiple tenants to operate from its building and utilize its street address for their own purposes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER REGARDING A REQUEST TO GRANT A VARIANCE OF A PROPOSED ADDRESS CHANGE PAGE 1 OF 4 6. Signage for the church is located on Fairview Avenue at the corner of Fairview Avenue and North Hickory Way. 7. The church initiated subdivision of church property along Fairview Avenue into three (3) commercial building lots necessitating the assignment of addresses to the three (3) building lots and review of the church's street address by the City. 8. The creation of the three (3) new commercial lots to the south of the church has eliminated all Fairview Avenue street frontage of the church. 9. The street from which the church has had its sole point of vehicular ingress/egress is North Hickory Way. 10. The street from which the three (3) building lots along Fairview Ave will have their sole point of ingress/egress is North Hickory Way 11. Meridian City Code § 8-2-6, as well as current Ada County standard addressing guidelines, require a structure be assigned an address from a street from which it fronts or receives access from. 12. The City's street addressing specialist procured approval of the proposed assignment of North Hickory Way street addresses to the three (3) building lots and a proposed change to the church address from 2760 East Fairview Avenue to a North Hickory Way address from the Ada County Street Naming Committee and the Meridian Police and Fire Departments, as well as the owner of two of the building lots. 13. The church objected to the proposed change of street address on the grounds that it would cause an extraordinary hardship and now requests a variance to deviate from the proposed address change from 2760 East Fairview Avenue to a North Hickory Way address. 14. City representatives from the Police and Fire Departments testified that despite favoring the proposed addresses as set forth in the staff reports submitted, local emergency response vehicles would know of the church location because of its historical presence and the physically dominant presence in the area. CONCLUSIONS OF LAW 1. The applicable standard of review regarding this Request to Grant a Variance is set forth in Meridian City Code § 8-2-7. A: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER REGARDING A REQUEST TO GRANT A VARIANCE OF A PROPOSED ADDRESS CHANGE PAGE 2 OF 4 Grant of Variance by Council: The standards and requirements of these regulations may be modified or varied by the Council where the enforcement of the rules hereunder will result in extraordinary hardship; provided, that substantial justice is done and the public interest is secured hereunder. In granting any such variance or modification, the Council may require conditions thereof as will, in its judgment, secure substantial compliance with the general principles hereof. 2. In applying this standard to this matter due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, as well as all of the evidence and testimony submitted. 3. In applying this standard to the circumstances present in this matter, the church has met its burden to establish that an extraordinary hardship would be caused by the proposed change of address as a matter of law. 4. In applying this standard to the circumstances present in this matter, a grant of the requested variance would ensure substantial justice is done and the public interest is secured as a matter of law. 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: That the application for variance is approved for the following reasons: 1) Granting this variance would not grant a right or special privilege to the applicant that is not otherwise allowed in that district. A variance is meant to be considered on a case by case basis and the subject request is for a variance to allow the church to continue with the 2750 Fairview Avenue address. 2) There is an extraordinary hardship in this matter since the property has been in existence at this address for over 20 years. A minimum of 20 years in the same location must be established as one of the bases for this variance. 3) Granting this variance would not be detrimental to the health, safety and welfare of the public given the fact that the facility is visible from Fairview Avenue. The building size exceeds 50,000 square feet. The size of the building was one of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER REGARDING A REQUEST TO GRANT A VARIANCE OF A PROPOSED ADDRESS CHANGE PAGE 3 OF 4 2014. bases for the variance. 50,000 square feet shall be considered a minimum size for a variance of this type. 4) Granting this variance would relieve the extraordinary hardship to the multiple users of the 2750 East Fairview Avenue address. Multiple tenants would be forced to change their address along with the primary user. The impact upon multiple users was used as bases for this variance. 5) Granting this variance would not be detrimental to the health, safety and welfare of the public because the facility has a signage on Fairview Avenue directing the public and safety services to the facility. A sign must remain indefinitely as a condition of approval. By action of the City Council at its regular meeting held on the lb day of December, ROLL CALL: COUNCILMAN KEITH BIRD VOTED COUNCILMAN JOE BORTON VOTED COUNCILMAN LUKE CAVENER VOTED 1A COUNCILWOMAN GENESIS MILAM VOTED 0 COUNCILMAN CHARLIE ROUNTREE VOTED COUNCILMAN DAVID ZAREMBA VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: 12.- 1(0 - ( MOTION: APPROVED: t./ DISAPPROVED: 0 ATT ST: /% „f/ Un ,� c;fyof IAN YOWT'AMMY de WEERD E HOLMAN, CITY CLE ,,f9hriRE 6U�I� Copy served upon Applicant, the Communit�De elopment Department, Public Works Department, and City Attorney. By: Dated: /a- 7 ity rk's O I FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER REGARDING A REQUEST TO GRANT A VARIANCE OF A PROPOSED ADDRESS CHANGE PAGE 4 OF 4