Application
CITY OF MERIDIAN
33 East Idaho Street, Meridian, ID 83642
VARIANCE APPLICATION
NAME: A'a LLC Phone: 887-7760
(Owner or holder of valid option)
ADDRESS: 870 N. Linder Road Suite B Meridian ID 83642
GENERAL LOCATION: SW corner of Eagle and Franklin Road
LEGAL DESCRIPTION OF PROPERTY: _ Attached
PROOF OF OWNERSHIP OR VALID .OPTION: A copy of your property deed or option
agreement must be attached.
PRESENT ZONE CLASSIFICATION: Limited Office (LOl
VICINITY SKETCH: A vicinity map and/or site plan at a scale approved by the City showing
property lines, streets existing and proposed zoning and such other items as the City may require.
SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within,
contiguous to, directly across the street from, and within a 300' radius of the parcel(s) proposed for
a variance must be attached. (This information is available from the County Assessor.)
DESCRIPTION OF PROPOSED VARIANCE: Reducing the front and side street setback from
30' (frond and 25' (side streetl to 20' for professional office buildings to be built upon the subject
SIGNATURE:
CITY COUNCIL FCO S
Date Received: City Council Hearin Date
Received by:
Engineers , Inc .
TO: City of Meridian
33 East Idaho St.
Meridian, ID 83642
DATE: May l3, 1997
RE: Application for Setback Variance in the Limited Office Zone
To whom it may concern:
A'a, LLC is requesting a variance of the setbacks as defined for the Limited Office zone
as described in the City of Meridian's Zoning and Development Ordinance. This
variance applies to the professional offices proposed for the parcel of land at the
southwest corner of the intersection of Franklin and Eagle Roads.
The reason for this variance request is the additional right of way (ROW) being requested
by Ada County Highway District (ACHD) and Idaho Transportation Department (ITD) for
this project. Approximately 43 additional feet are being taken on Eagle Road and
approximately 24 additional feet are being taken on Franklin Road. This additional ROW is
being secured for improvements at the intersection (a grade separated urban interchange)
planned by ACHD and ITD for the 2015 traffic plan.
The potential problem of having to provide road ROW is a factor that was heavily
considered prior to purchase of the property and design of the site. Based upon preliminary
discussions with ACHD last fall, we proceeded with our project. Unfortunately, several
revisions (four) of the originally discussed conditions were put forth by ACHD with the
final version coming out at the end of April of this year. The final requirements were
extensive enough in the taking of ROW that ITD and ACHD Commission approvals were
required. Although we tried to accurately forecast the extent of this issue, we could not
have predicted the final outcome.
Our difficulty with the ROW acquisition lies in the extensive landscaping (over 70 feet on
both frontages) which results between the buildings and the current edge of pavement. This
is a buffer that is over twice the. desired 35 feet width the City of Meridian desires for its
entrance corridor. The area of the additional landscaping (resulting from the ROW
acquisition) is over 0.75 acres.
870 NORTH CINDER SUITE B ~ MERIDIAN, IDAHO 83642 ~ (208) 887-7760 ~ FAX (208) 887-7781
•
Our request is to reduce both the front setback of 30 feet and the side street setback of 25
feet to 20 feet. Enforcing the Ordinance would add ten additional feet to the Franklin Road
side of the project and five additional feet to the Eagle Road side. This would result in over
85 feet of landscape between the buildings and the road on Franklin and over 75 feet of
open space on Eagle. There appear to be no other Limited Office zoned parcels which are
subject to this extensive taking of ROW for future highway projects in Meridian or any
other local jurisdiction, especially projects which are scheduled as far in the future as this
one (and, notably, are neither funded nor designed). Strictly applying the code setbacks in
this situation will result in over 1.6 acres of land used for landscaping between the buildings
and the existing roadways. This is a very large area considering that the total site is only 3.6
acres between the existing roads and the rear boundary of the site. We would have to
establish and maintain this additional landscape for an extraordinary period of time (at least
18 years).
Granting of this variance would be an unusual event for this zone. However, it is requested.
due to unusual circumstances. We do not feel that this is a special privilege due to the
additional burden we will incur in providing and maintaining the landscaping for the
foreseeable future. While we encourage this kind of advance planning (obtaining ROW) in
local transportation matters, we feel that this has a significant impact on our project.
Although the City does not set the ROW requirements for large scale projects like an
urban interchange, it obviously has to deal with the repercussions of these actions. We
believe our project would still be an asset with.the reduced setback. Our type of
construction and use of landscaping only (no parking) between the road and the buildings
should present a desirable appearance even with the potential of having only a 20 feet
buffer to the ROW at some future date. The extended time period between this project and
the proposed construction of the urban interchange will provide the City with a superb
entrance appearance on our corner for many years.
An additional factor worth consideration is the construction of the proposed interchange.
This structure will employ retaining walls and grade separation that will largely block the
view from Eagle Road. Franklin Road will be raised by several feet. The ramp for
uninterrupted right turns from Franklin to Eagle (southbound) will likely have the only
practical view of this lot. Bearing these factors in mind, the difference of five or ten feet
in the building setback may be insignificant at the time of the interchange construction.
I certify that I have read this application and verify that the information contained herein
is true and correct. I further acknowledge the requirement to post the property at least
one week before the public hearing on this project and will ensure that this occurs.
• •
Please do not hesitate to contact me at 887-7760 if you have any questions regarding this
application.
Sincerely,
Roger J. Smith, P.E.
cc: File 95348
ADDITIONAL VARIANCE APPLI ATION INFORMATION
OWNER OF RECORD: A'a LLC PHONE: (2081887-7760
ADDRESS: 870 N. Linder Road Suite B Meridian_ ID 83642
LEGAL DESCRIPTION AND WARRANTY DEED: Attached
PRESENT LAND USE: Bare ground
PROPOSED LAND USE: Professional offices
PRESENT ZONING DISTRICT: Limited Office District (LOl
• •
APPLICATION AND STANDARDS FOR VARIANCES
Address of subject property: SW corner of Eagle and Franklin Roads (no address
assigned).
2. Name, address, and phone number of applicant: A'a, LLC
870 N. Linder Rd. Ste. B
Meridian, ID 83642
(208) 887-7760
Name, address, and phone number of owner of subject property: Same as applicant.
4. Proof of ownership or valid option on the property or a contract interest therein with
consent of the titled owner: Valid option attached (closing for ownership is
scheduled for May 20, 1997).
5. Legal description of subject property: Attached
6. Present use of subject property: Bare ground.
7. What is intended to be done on or with the property: Three professional office
buildings
8. The district that pertains to the subject property: Limited Office (LO)
9. Vicinity map at a scale approved by the Council showing property lines, existing
streets, proposed district and such other items as may be required: Attached.
10. Schematic building plans which indicate typical elevation and floor plan of any
proposed construction:. Attached.
11. A list of the mailing addresses of all property owners (from authentic tax records of
Ada County) within three hundred feet (300') of the external boundaries of the land
being considered and a listing of the mailing addresses of all property owners within
the area of the land being considered: Attached.
12 Characteristics of subject property which prevent compliance with the requirements
of this Ordinance: Proposed ROW (ROW) by Ada County Highway District
(ACRD) and Idaho Transportation Department (ITD) significantly encroaches into
the property relative to its current boundaries. The space required to accommodate
parking, landscaping, and the proposed buildings will be adversely impacted if the
•
additional requirements of the zone setbacks are enforced. Furthermore, the
additional ROW is being secured for improvements scheduled by the ACHD that
are to be planned in the year 2015. This results in extensive landscaping (over 70
feet) between the buildings and the current edge of pavement. Maintaining this
area will provide a landscape buffer that is over twice the desired 35 feet width the
City of Meridian desires for at least the next 18 years. The area of the additional
landscaping is over 0.75 acres.
13. Minimum requirements of this Ordinance that need to be. reduced to permit
proposed use: Front setback of 30 feet reduced to 20 feet and the side street setback
of 25 feet reduced to 20 feet.
14. Difficulty or hardship which would result if requirements of this Ordinance were
applied to subject property: Maintenance of additional landscape for an
extraordinary period of time (over 18 years). Enforcing the Ordinance would add
ten additional feet to the Franklin Road side of the project resulting in over 85 feet
of landscape between the buildings and the road. On the Eagle Road side, this
distance would be over 75 feet.
15. Unusual or peculiar circumstances which indicate that regulations of this Ordinance
should not be strictly complied with: The extended time period between this project
and the proposed construction of the urban interchange for which this additional
ROW is being acquired. Additionally, your planning staff has stated that this
project is one that is very attractive and would be well served by not enforcing the
code setbacks.
16. Statement that special conditions and circumstances exist which are peculiar to the
land, structure, or buildings involved which are not applicable to other lands,
structures, or buildings in the same district: There appear to be no other Limited
Office zoned parcels which are subject to this extensive taking of ROW for future
highway projects, especially projects that are scheduled as far in the future as this
one (and, notably, are neither funded nor designed).
17. Statement that a literal interpretation of the provisions of this Ordinance shall
deprive the applicant of rights commonly enjoyed by other properties in the same
district under terms of this Ordinance: Strictly applying the code setbacks in this
situation will result in an unusual burden on the applicant which will result in over
1.60 acres of land used for landscaping between the buildings and the existing
roadways. This is a very large area considering that the total site is only 3.58 acres
between the existing roads and the rear boundary of the site.
•
18. Statement that special conditions or circumstances exist that were not a result of the
applicant's action: The additional road ROW is a factor which was heavily
considered prior to purchase of the property and design of the site. Based upon
preliminary discussions with ACHD last fall, we proceeded with our project.
Unfortunately, several revisions (four) of the originally discussed conditions were
put forth by ACHD with the final version coming out at the end of April of this
yeaz.
19. Statement that granting the variance requested shall not confer on the applicant any
special privilege that is denied by this Ordinance to other lands, structures, or
buildings in the same district: Granting of this variance would be an unusual event
for this zone, however, it is requested due to fairly unusual circumstances. We do
not feel that this is a special privilege due to the additional burden we will incur in
providing landscaping and its maintenance for the foreseeable future.
20. Relationship of the proposed variance to the Meridian .Comprehensive Plan: The
proposed variance does not change the concept of the Meridian Comprehensive
Plan.
21. A fee established by the Council -
$250.00 plus $1.42 for each certified mailing to be sent (26) _ $286.92
22. A statement of how the granting of the variance would convenience the applicant
and how the applicant would profit therefrom, which statement shall also represent
whether profit and convenience is the sole reason why the variance is requested:
The granting of this variance will relieve some of the burden of maintaining a very
large landscape area between the building and the existing roadways. It also avoids
a significant third redesign of this site. An additional detrimental impact of not
granting this variance is that it will push the buildings closer to the existing
residences on the south side of the pazcel.
23. The property will be posted 1 week before the hearing stating that the Applicant has
applied for a Variance. There must be a signed affidavit stating that this has been
done as part of the application.
•
PROPERTY DESCRIPTION FOR
SW CORNER OF EAGLE AND FRANKLIN ROADS
A parcle of land being the NE 1/4 of the NE 1/4 of Section 17, T.3N., R:IE., Boise Meridian,
Ada County, Idaho, except that portion lying in Greenhill Estates Subdivison No. 3 as filed for
Record in Book 43 of plats at Page 3487, Records of Ada County, Idaho and except the westerly
702 feet thereof, more particularly described as follows;
Beginning at the Section Corner common to Sections 8, 9, 16, and 17 of T.3N., R.1 E., Boise
Meridian, Ada County, Idaho, said corner being monumented by a brass cap, said brass cap also
marking the intersection of Eagle Road (State Highway 55) and Franklin Road; thence South
00°22'24" East along the East line of said section 17 and the centerline of Eagle Road (State
Highway 55) 462.02 feet to a point; thence leaving said East line of said section 17 and the
centerline of Eagle Road (State Highway 55) North 76°34'22" West 72.08 feet to a 5/8" iron pin
on the westerly right-of--way of Eagle Road (State Highway 55), said 5/8" iron pin also marking
the Northeast corner of said Greenhill Estates Subdivison No. 3 and being the REAL POINT OF
BEGINNING;
thence leaving said westerly right-of--way of Eagle Road (State Highway 55) North 76°34'22"
West along the boundary of said Greenhill Estates Subdivison No. 3 97:52 feet to a 5/8" iron pin;
thence North 52°45'22" West 491.48 feet to a 5/8" iron pin;
thence leaving said boundary of Greenhill Estates Subdivison No. 3 North 38°51'50" West
103.10 feet to a point on the southerly right-of--way of Franklin Road;
thence North 89°54' 15" East along the southerly right-of--way of Franklin Road 548.14 feet to a
point;
thence South 00°22'24" East along the westerly right-of--way of Eagle Road (State Highway 55)
399.40 feet to the point of beginning of this description, containing 2.945 acres, more or less.
Subject to any easements or rights of way of record or in use.
• ~•.wr~q~i w~~~o
• SL/33N10 N3 31~VNNId
~ ' i,-i,
attj
a.iaaall~~
~~ c-0 d 1/~I A _L 0 1~! 1 :~ 1 /\
~JNIQ11r1»
'
`
' _ E C~ ~
~ I O
~
~
1~
v
NNId ga + ; ~g t
v
/ a
a i
~ ~ ~
~ ~ ~1
o
i
I
~
o
•~4
3fl/~1NOW •M
'1' ~
~ z I
~-`' z
o
° o ~ ~ ~ cn
O~w > Z Y
tY~~
a m c/1
~
O
~ ~ ~
m
~ ~
Z ~
-- --------
1 -- ----- -- ab'02~ ~~~d~ --- --
Pv
~
~ ~~
vP
O ~~ ~
~ ~O ~
° z
'z ° o
J
Y Q ~ ~
-
i ~ ~ ~
~ Z ~ m ~
~ J ~ W (/7 z
_ ~ ~
~
w ~
~
W ~
Q
~
o
0 i ~
M
In
0 i
o
O ~~ 1~
r~
~--
w 1--1
z
_J M'~,1
~ ~
O
O
r~
r
~ ~~~_~~
m d•®o I I° ~ ~ ~'
A
D
r
~~~~~~~~~~~~~~ Z
~ ~ ~ ~~~~~~~~~ o
~ ~
a
r
i
e
'~ b
e
~, ~ ~,~ ~~ t~~ ~~ ~~~ w P i N~ A c ~ E B u i ~ ~ i N ~ PINNY CLE
~" ~ R R ~ ~ ~ ~ ~ ~ ~ ~ ~ A ~L EnQineere. Inc.
- •