Albertson's VAR
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BEFORE THE MERIDIAN CITY COUNCIL
APPLICATION OF_ALBERTSON'S INC.
FOR A VARIANCE FROM 11-2-410 A - MINIMUM YARD SETBACK
FINDINGS OF FACT AND CONCLUSIONS
The above entitled variance request having come on for
consideration on March 7, 1995, at approximately 7:30 o'clock p.m.
on said date, at the Meridian City Hall., 33 East Idaho Street,
Meridian, Idaho, the Applicant's representative, Gordon Anderson,
appearing and the City Council having heard and taken oral and
written testimony, the City Council of the City of Meridian makes
the following:
FINDINGS OF FACT
1. That notice of the public hearing on the variance was
published for two consecutive weeks prior to the scheduled hearing
for March 7, 1995, the first publication of which was fifteen (15)
days prior to said hearing; that the matter was duly considered at
the March 7, 1995, hearing; that copies of all notices were
available to newspaper, radio and television stations.
2. That notice of public hearing is required to be sent to
property owners within 300 feet of the external boundaries of the
land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11-
9-612 B. l.b of the Revised and Compiled Ordinances of the City of
Meridian; that his requirement has been met.
3. That the property is zoned Neignbornooa tsusiness
District, C-N, which is defined in the Zoning Ordinance, Section
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11-2-408 B 8. as follows:
(C-N) Neighborhood Business District - The, purpose of the
(C-N) District is to permit the establishment of small scale
convenience business uses which are intended to meet the daily
needs of the residents of an immediate neighborhood (as
defined by the policies of the Meridian Comprehensive Plan);
to encourage clustering and strategic siting of such
businesses to provide service to the neighborhood and avoid
intrusion of such uses. into the adjoining residential
districts. All such districts shall give direct access to
transportation arterials or collectors, be connected to the
Municipal Water and Sewer systems of the City of Meridian, and
shall not constitute all or any part of a strip development
concept.
4. That Ordinance 11-2-410 ZONING SCHEDULE OF BULK AND
COVERAGE CONTROLS, A, for the C-N District, requires that there be
a ten (10) foot side yard setback.
5. That the Applicant, Albertson's Inc., has requested that
they be granted a variance from the above side yard setback
requirement to have a 0.00 foot side yard setback only on the
proposed lot lines common to lots 1 and 2 of the proposed two lot
subdivision and it was stated that it was Applicant's intent to
leave the side yard setback adjacent to residential property at the
designated ten feet.
6. The Applicant further stated in the Application that the
proposed use would be a neighborhood shopping center including an
Albertsons grocery store and a 6,000 square foot retail shop space
adjacent to an west of the proposed Albertsons store; that the
irregular shape of the subject property makes it difficult to place
a retail shop building in an area that will not disrupt parking lot
traffic flows and handicap access to the proposed store facilities;
also that this property is bounded to the south by Nampa-Meridian
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 2
Irrigations District's Eight Mile Lateral which has a 30.00 foot
wide easement lying northerly of the property line, which makes
this parcel very restrictive and difficult to develop; that if the
minimum requirements of this Ordinance were applied to this
property, it could create a loss of the shops lot entirely; that
the retail shops lot, is proposed in part to offset some of the
financial hardships associated with development costs of this site;
that other sits in the same district do not have the easement and
parcel shape restriction to contend with, as does this site; that
because of these conditions and restrictive shape of this parcel,
the Applicant will not be given special privileges, but will be
able to develop this site with the goals of the Comprehensive Plan
in mind, which is to meet the needs of the residents of the
immediate neighborhood and to avoid intrusions into the adjoining
residential districts; that the buildings shown on the site plan
will create a better buffer from the residential district to the
west, thus requiring zero lot line variance approval; that granting
this variance on the proposed lot line would allow Albertsons to
sell the adjacent parcel and help recover a portion of the land or
development costs for this site; and that Albertsons would prefer
the retail shops building and lot be owned outright, because they
are not structured to manage real property.
7. That the drawing submitted with Application shows the 0-
lot line to be the entire length between Lot 1 and lot 2 of the
subdivision plat; that at the public hearing the Applicant's
representative stated the 0-lot line need not encompass the entire
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length of the lot line, but did request that it go from the
building to the south lot line.
8. That the Meridian Police and Fire Departments, the Nampa
& Meridian Irrigation District and the Central District Health
Department submitted comments, which are incorporated herein by
this reference; that the Fire Department's comments was that the
variance was not a problem if a four hour fire wall was constructed
(between the buildings).
9. That zero lot line defined in the Zoning Ordinance at 11-
2-403 B, as follows:
Zero Lot Line - A building design which allows for a dwelling
to be built to the side lot line and which may include an
easement to a neighboring lot for the purpose of upkeep and
maintenance of each dwelling. Zero lot line developments can
be either dwelling units detached or attached.
10. That zero lot lines are discussed in the Subdivision and
Development Ordinance, where it is stated in 11-9-405 F, LOTS, in
part as follows:
"Zero-Lot-Line Building Lots -
a. Yard Setbacks: In no case shall a zero lot line be
allowed adjacent to a property line which is not
part of the development application. A minimum
distance of ten feet (10') shall be maintained
between buildings or potential buildings on
separate lots.
b. Easements: A perpetual six-foot (6') wide
maintenance/drainage easement shall be provided on
the lot adjacent to the zero-lot-line property line
which shall be kept clear of structures with the
exception of fences, patios and slabs at grade.
Roof overhangs and below grade foundation footings
may penetrate the easement on the adjacent lot a
maximum of twelve inches (12"), but shall be so
designed that runoff from the dwelling place on the
lot line is limited to the easement area. The
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easement shall be shown on the development
plan/plat and incorporated into each deed
transferring the title to the property."
11. Katie Brown testified stating that her concerns were the
noise and light impacts on her property; she also stated that she
wanted to know who she should contact about the impacts on her
property.
12. That the entire property in question is described in the
variance application and is incorporated herein as if set forth in
full.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
within 300 feet. of the external boundaries of the Applicant's
property.
2. That the City has authority to grant variances pursuant
to Section 11-2-419 of the Zoning Ordinance and pursuant to Section
11-9-612 of the Development Ordinances.
3. That the City Council has judged this application by the
guidelines, standards, criteria, and policies contained in the
Subdivision and Development Ordinance upon which it may take
judicial notice.
4. That the Council may take judicial notice of its own
proceedings, those of the Commission, governmental statutes,
ordinances, and policies, and of actual conditions existing within
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the City and the State.
5. That the specific requirements regarding a variance that
must be evidenced and found by the City Council are as follows:
"11-9-612 A. 2., FINDINGS: No variance shall be favorably
acted upon by the Council unless there is a finding, as a
result of a public hearing, that all of the following exist:
a. That there are such special circumstances or conditions
affecting the property that the strict application of the
provisions of this Ordinance would be clearly
impracticable or unreasonable; in such cases, the
subdivider shall first state his reasons in writing as
to the specific provision or requirement involved;
b. That strict compliance with the requirements of this
Ordinance would result in extraordinary hardship to the
subdivider because of unusual topography, the nature of
condition of adjacent development, other physical
conditions or other conditions that make strict
compliance with this Ordinance unreasonable under the
circumstances, or that the conditions and requirements of
this Ordinance will result in inhibiting t h e
achievement or objectives of this Ordinance.
c. That the granting of the specified variance will be
detrimental to the public welfare or injurious to other
property in the area in which the property is situated;
d. That such variance will not violate the provisions of the
Idaho code; and
e. That such variance will not have the effect of nullifying
the interest and purpose of this Ordinance and the
Comprehensive Development Plan.
6. That there does appear to be a specific benefit or profit,
economic gain or convenience to the Applicant if the variance of
the 0-lot line is granted; however, to require would mean that the
Albertson store would be ten (10) feet from the retail shop, the
spaces would, at least initially, be under the same ownership, and
it is not uncommon in the City of Meridian and other areas in
Treasure Valley to have commercial businesses abutting each other.
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7. That regarding Section 11-9-612 A. 2., regarding the
variance of 11-1-410 A, it is specifically concluded as follows:
a. That there are special circumstances or conditions
affecting the property that the strict application of the
provisions of the ten (10) foot set back Ordinance would
clearly be unreasonable.
b. That strict compliance with the requirements of the ten
(10) foot set back Ordinance would result in
extraordinary hardship to the Applicant.
c. That the granting of a variance would not be detrimental
to the public's welfare or injurious to the public.
d. That the variance would not have the effect of altering
the interests and purposes of the ten (10) foot set back
Ordinance which is included in the Zoning Ordinance.
8. That it is further concluded that 0-lot line development
has been allowed in residential developments all along lot lines,
but the lot lines have been in one plane and not varying in
direction; that it does make sense to allow a zero lot line between
commercial buildings that the owner, or owners, of the lots desire
to have their buildings be adjacent and abutting; it is concluded
that a zero lot line all along the boundary between two deferent
lot lines when it is likely that no buildings would be constructed
along the lot line makes no sense whatsoever.
9. That it is concluded that the variance of 11-2-410 A
should be granted to the Applicant, but only along the lot line
between lots 1 and 2 where the building to be constructed will
abut.
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APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The City Council of the City of Meridian does hereby adopt
and approve these Findings of Fact and Conclusions.
ROLL CALL:
COUNCILMAN
COUNCILMAN
COUNCILMAN
COUNCILMAN
-MAYOR KING
YERRINGTON VOTED
MORROW VOTED
CORRIE VOTED /~
TOLSMA VOTED-G~
3FORD .(TIE BREAKER) VOTED
DECISION
That it is decided the Application for a variance from 11-2-
410 A, in the C-N District is granted to the Applicant, but only
along the lot line between lots 1 and 2 where the building to be
constructed will abut.
APPROVED: y ~~ DISAPPROVED:
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