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Centennial Motors VAR 00-010.:TTY CLERK FILE CHECKLIST Project Name: Centennial Motors Contact Name: Sam Fishel File No. VAR 00-010 Phone: 888-5206GZ (r Date Received from Planning and Zoning Department: Planning and Zoning Level: Hearing Date: ❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: _ and ❑ Certifieds to property owners: _ ❑ Planning and Zoning Commission Recommendation Notes: City Council Level: Transmittals to agencies and others: x❑ Notice to newspaper with publish dates: 0 Certifieds to property owners: E City Council Action: Notes: 0 Approve ❑ Deny Hearing Date: July 5, 2000 June 8, 2000 06/16/00 and 06/30/00 06/09/00 EJ Approve ❑ Deny Findings / Conclusions / Order received from attorney on: ') LA -C! q I �,/, , , CG�� Findings / Conclusions / Order: ❑ Approved by Council: ❑ Copies Disbursed: ❑ Findings Recorded Development Agreement: ❑ Sent for signatures: ❑ Signed by all parties: ❑ Approved by Council: ❑ Recorded: ❑ Copies Disbursed: Ordinance No. Resolution No. ❑ Approved by Council: ❑ Recorded: Deadline: 10 days ❑ Published in newspaper: ❑ Copies Disbursed: Resolutions: Original Res/ Copy Cert: Minutebook Copy Res / Copy Cert: City Clerk City Engineer City Planner City Attorney Sterling Codifiers Project File Copy Res / Original Cert: Ada County (CPAs) Applicant (non -CPAs) Recorded Ordinances: Original: Minutebook Copies to: City Clerk State Tax Comm. State Treasurer, Auditor, Assessor Sterling Codifiers City Attorney City Engineer City Planner Project file Applicant (if appl.) Findings /Orders: Original: Minutebook Copies to: Applicant Project file City Engineer City Planner City Attorney Record Vacation Findings Recorded Development Agreements: 0riginal:Fire proof File Copies to:Applicant Project file City Engineer City Planner City Attorney MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: June 23, 2000 Transmittal Date: June 8, 2000 Hearing Date: July 5, 2000 File No.: VAR 00-010 Request: Reduction in required landscaping buffers to 20 feet on Franklin and 10 feet adjacent to the residential mobile home park for Centennial Motors By: Sam Fishel Location of Property or Project: 225 West Franklin Road Sally Norton, P/Z ** Kent Brown, P/Z ** Thomas Barbeiro, P/Z ** Richard Hatcher, P/Z ** Keith Borup, P/Z ** Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (no C/C only) Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 24 AZ - 27 ** no FP Meridian School District ** Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department ** Ada County (Annexation) NAME: CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) (Owner or holder of valid option) REcENED MAY 17 2000 CITY OF MERIDIAN PLANNING & ZONING Phone: •25-'s V 8 -5-0 2e'. ADDRESS: o�a�.� J%l ln.� A V Y� I) CZICl(�w �� b13�� GENERAL LOCATION LEGAL DESCRIPTION OF PROPERTY: See- K1 C� �ci �� r S4 PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: C _ 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: RECEIVED SIGNATURE: JUN 0 2 2000 CITY COUNCIL RECORDS CITY OF MERIDIAN CIT1p(Rpi�*F-IC- F City Council Hearing Date Received by � ( f 1. Address of subject property. 225 W. Franklin Road, Meridian, Idaho, 83642. 2. Name, address and phone number of applicant. George S. Fishel or Larree G. Fishel, PO Box 673, Meridian, Idaho, 83680-0673, (208) 888-5026. 3. Name, address and phone number of owners of subject property. George S. Fishel or Larree G. Fishel, 16837 Rose Briar Ln., Nampa, Idaho, 83687, (208) 442-2575. 4. Proof of ownership or valid option on the property ora contract interest therein with consent of titled owner. (refer to enclosed warranty deed). 5. Legal description of subject property. PAR #0356 OF NE4NE4 SEC 13 3N IW #0355-B 6. Present use of subject property. Used car dealership. 7. What is intended to be done on or with the property. Used car dealership. 8. The district that pertains to the subject property. (refer to enclosed map). 9. Vicinity map at a scale approved by the Council showing property lines, existing street, proposed district and such other items as may be required. (refer to enclosed map). 10. Schematic building plans which indicate typical elevation and floor plan of any proposed construction. N/A 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. (refer to enclosed list). 12. Characteristics of subject property which prevent compliance with the requirements of this Ordinance. Nothing really prevents us from complying with the requirements of subject of property except it would cut back 30 cars from display and that is what we are all about is display. 13. Minimum requirements of this Ordinance that need to be reduced to permit proposed use. I propose that detailed landscaping should be 20 -feet in front facing Franklin Rd. and 10 -feet be landscaped along the fence on the East Side: next to Mobile Home Park. 14. Difficulty or hardship which would result if requirements of this Ordinance were applied to subject property. Difficulty or hardship would be taking 30 cars away from sale. We turn over our merchandise every 60 days at an average profit of $500.00 per car. That represents $90,000.00 per year this dealership would loose, which is all my profit for the year. 15. Unusual or peculiar circumstances which indicate that regulations of this Ordinance should not be strictly complied with. Unusual or peculiar circumstances: A used car lot is an outside show room for our weares. Everyone knows that a sidewalk sale really works. Just ask Albertson's, Coast to Coast, B & D, Fred Meyer, Zamzows & others. A car lot is no different. We sell off the frontline therefore the closer the front line is to the street, the more business we can expect to receive. I propose a 20 -foot landscaping plan that complies with the city, county and state ordinances and really beautifies the boarders along Franklin Road! 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. Once again, a used car lot is an outside showroom. We are all about display and how we display our merchandise is a direct result of a sale. With out the cars displayed on the front line, in the proper manner, could and will result into a financial hardship. Don't you look at a front line of every car lot that you go by, just to see if there is anything interesting to buy? 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. Across the street there is 20 -foot of landscaping, West of my lot there is a 20 -foot setback for landscaping and East of our lot there is a chain link fence next to sidewalk with no landscaping. There for I propose a 20 -foot landscaping which complies with all city ordinances and beautifies the front of my business. This proposal makes it look very professional and ready to do business with you! 18. Statement that special conditions or circumstances exist that were not a result of the applicant's action. The cars that will be displayed along the fence on the East Side a joining the trailer park will not be running any length of time. No smokers or cars with harmful emissions will never be parked along this wall. All cars are pulled to the front of building before a demo ride. My landscaping plan includes the same amount of trees required by the city along with grass, and sprinkler systems with concrete curbing assuring the set back. 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. I don't believe that granting the variance should in any way show special privileges because of the special uniqueness of my business. Surely no more than any other business in this area. 20. Relationship of the proposed variance to the Meridian Comprehensive Plan. My compressive plan presented to the planning and zoning dept. complies with all city, county, and state regulations for the development of this property. Water retainment on sight, landscaping with the proper amount of trees, sprinkler systems all the way around, paving the whole 38,000 square feet, adequate parking for customers, coceling the back of property from unsightly views, and blending in with all other entryways located up and down Franklin road 21. A fee established by the Council — $250.00 + $1.29 for each certified mailing to be sent = $299.02 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. Granting this variance to Centennial Motors would make it convenient by a better display, a larger show room, easier to take care of, and a better attitude from employees and customers. When everything is jammed up it is harder to maneuver between the automobiles. As far as profit, it will make the difference of having a profitable business in this town or not. An average of $90,000.00 per year would be lost if the variance were not granted. Plus displaying of the front line closer to the street will enable my customers to see what we have on sale this week. The beauty of a used car dealership is always the display the front line. 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 that this has been done as part of the application. (refer to enclosed affidavit) Thank you. Sincerely, Sam Fishel CEO & owner of Centennial Motors -..,..�...�:.,...r.�....�:.... .. -- WARRANTY DEED C(OP Valley Implement, Inc., Grantor of 225 W. Frankl Road, Meridian, Idaho, hereby conveys, grants and warrants to George S. Fishel and Larree G. Fishel, husband and wife, Grantees, of 734 Pennwood, Meridian, Idaho, for the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the following described tract of land in the County of Ada, State of Idaho: NE corner Section 13 T3NR1W; West 668.6 feet to Real Point of Beginning, West 210.6 feet thence South 00 28 00 West 435.6 feet thence West 100 feet thence South 00 28 00 West 221.2 feet thence East 310.6 feet thence North 00 28 00 East 656.8 feet to Real Point of Beginning; and located at 225 West Franklin Road, Meridian, Idaho. Total land area being approximately 3.684 acres more or less. together with all and singular the tenement, hereditaments and appurtenances thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and also all the estate right, title, interest in the property, possession, claim and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in or to the said premises, and every part and parcel thereof, with the appurtenances, together with all water and ditch rights thereon. TO HAVE AND TO HOLD All and singular the said premises, together with the appurtenances, unto the said, party of the second part and to second party's heirs and assigns forever. r Q WITNESS the hand of said Grantor this jn day of , 197-�. VALLEY IMPLEMENT, INC. By A'Z�L Dale Bates, President ATTEST: By Owen Kasel, secretary STATE OF IDAHO ) ss. County of Ada ) d On this n day of 19 92 , before me, a Notary Public, personally appeared DALE BATES and OWEN KASEL, known or identified to me to be the president and secretary of the corporation that executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. �,++++,.��„�,,•••, Notary Public for Idaho AN1� ., Residing at �'S•••.•••••..��O•• Idaho Jq My Commission Expires: AUB LIC, ••. �OF19 +•' I 90' ai o A O m O O O N m m m 1�7fij �L �j ; / Ua�iarree Z&ew�i�s �-�� jWe -2,11,*5�eL I O O - a 3 au �uy d N p N t9 C 1� N 3 N z2 N v 00 J A a c l c 3 c N -1 'tG "'lam C7 P S 19 D o m 9 d a D P � � �o D x n l7 r a 0 � N N O � � 1 l==m f lyll IbZt/9-Z6 X0707 J C ll) � CA) O Q��p N_(T1-. Q CA) 0 =r m <M co _D z .11`12 E5 00 Z91:1h900 t'12tam" .II`IE2E20.11 OOZY E6E-80Z a-7uemsu/ . s.JuaLUJSanuj . 6m-ue1F � WFi��an�a5' �s�►� 0 Zb9E8 IJI 'NVl(]lH3W 9205-888 'GH NII)INVa3 A SZZ 'ONI `S-lVINN31N30 -1'8 S 30 NOISIAIQ SliOIOW 1tv1INA N31INN 30 SAM FISHEL - 225 W. FRANKLIN RD. PROPERTY OWNERS WITHIN 300' GRADE A MILK PRODUCTS ASSN PO BOX 26427 SALT LAKE CITY UT 84126-0427 237 W TAYLOR AVE SUNDANCE INVESTMENTS LIMITED PARTNERSHIP LIMITED PARTNERSHIP 9100 W BLACKEAGLE DR BOISE ID 83709-0000 125 W TAYLOR AVE BAIRD CLAUDE A BAIRD GERALDINE 524 S EL BLANCO DR BOISE ID 83704-0000 234 W FRANKLIN RD GIESLER ROBERT PO BOX 624 MERIDIAN ID 83680-0624 216 W FRANKLIN RD PROVIDER AFFILIATE AGENCY INC 202 W FRANKLIN RD MERIDIAN ID 83642-0000 ADA COUNTY 650 MAIN ST BOISE ID 83702-5960 160 W FRANKLIN RD ADA COUNTY FARM BUREAU FED INC PO BOX 210 MERIDIAN ID 83680-0210 124 W FRANKLIN RD ADA COUNTY HIGHWAY DISTRICT 318 E 37TH ST GARDEN CITY ID 83714-6418 118 E FRANKLIN RD FRANKLIN ASSOCIATES 40 W FRANKLIN RD STE MERIDIAN ID 83642-2913 RACKHAM L H & J F TRUST RACKHAM L H & J F TRUSTEES 1260 S EAGLE RD MERIDIAN ID 83642-6702 305 W FRANKLIN RD WOOD PHILLIP L & MARY P REVOCABLE LIVING TRUST 4750 S MAPLE GROVE RD BOISE ID 83709-5463 229 W FRANKLIN RD FISHEL GEORGE S & FISHEL LARREE G PO BOX 673 MERIDIAN ID 83680-0673 225 W FRANKLIN RD ABRAHAMSON GLADYS S 62 ROSE CIR MERIDIAN ID 83642-2943 HOLLOWAY JERALD K & HOLLOWAY CHERI L 2975 E FRANKLIN RD MERIDIAN ID 83642-0000 64 ROSE CIR CHADWICK FRED K & CHADWICK KATHRYN 66 ROSE CIR MERIDIAN ID 83642-2943 MCKINLEY JUNE V AND MCKINLEY ROBERT W PO BOX 123 MERIDIAN ID 83642-0000 68 ROSE CIR LOZANO CARLOS CHALACA 70 ROSE CIR MERIDIAN ID 83642-0000 YOUNG BERNICE 60 ROSE CIR MERIDIAN ID 83642-2943 1-4�. BIDONDO JEAN L & BIDONDO BARBARA 40 ROSE CIR MERIDIAN ID 83642-2943 HOLLOWAY NOLA TEMPLETON HUGH 38 ROSE CIR MERIDIAN ID 83642-0000 HOPE -PONDEROSA OREG LTD PO BOX 5668 PORTLAND OR 97228-5668 231 S MERIDIAN RD TROUTNER BUSINESS PARK DEVELOPMENT CORPORATION 10250 WHISPERING CLIFFS DR BOISE ID 83704-0000 225 SW 03RD AVE 230 SW 03RD AVE 271 SW 03RD AVE 270 SW 03m AVE 316 SW 03m AVE 200 SW 5TH AVE ** TX CONFIF ON REPORT ** DATE TIME TO/FROM 13 06/19 14:11 PUBLIC WORKS 14 06/19 14:11 2088886854 AS OF JUN 19 14:12 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS OF --S 00'10" 001 178 OK EC --S 00'20" 001 178 OK J U U 9 2000 WYOFA21DIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX rl 208.463.0092 June 15, 2000 Phones: Area Code 206 OFFICE: Nampa 466.7861 Will Berg, City Clerk SHOP: Nampo 466.0663 Meridian City Hall 33 East Idaho Meridian, ID 83642 Re: VAR00-010 Reduction in required landscaping for Centennial Motors I Sam Fishel Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above-mentioned application. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS - 40,000 1, Z, �Z 1�47 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF GEORGE S. FISHEL, FOR A VARIANCE IN THE PLANTING STRIP REQUIREMENTS FOR THE REDUCTION OF LANDSCAPING BUFFERS TO 20 FEET ON FRANKLIN ROAD AND 10 FEET ADJACENT TO THE RESIDENTIAL MOBILE HOME PARK LOCATED AT 225 WEST FRANKLIN ROAD, MERIDIAN, IDAHO 07-06-00 VAR -00-010 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 July 5, 2000, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying was the Applicant , George S. Fishel, and no one appeared 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 Page 1 of 9 ORDER OF DECISION GRANTING A VARIANCE / GEORGE S. FISHEL / CENTENNIAL MOTORS / VAR -00-010 FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal 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 H 67-6509, 6516 and Meridian City Code H 11-15-5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is George S. Fishel and Larree G. Fishel, whose address is PO Box 673, Meridian, Idaho 83680-0673. 4. The owner of the property is George S. Fishel and Larree G. Fishel, whose address is 16837 Rose Briar Ln., Nampa, Idaho 83687. 5. The location of the subject property is located in a General Retail and Service Commercial (C -G) District at 225 West Franklin Road, Meridian, Idaho. 6. 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: NE corner Section 13 T3NR1 W; West 668.6 feet to Real Point of Beginning, West 210.6 feet thence South 00 28 00 West 435.6 feet thence West 100 feet thence South 00 28 00 West 221.2 feet thence East 310.6 feet thence North 00 28 00 East 656.8 feet to Real Point of Beginning; and located at 225 West Franklin Road, Meridian, Idaho. Total land area being approximately 3.684 acres more or less. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 2 of 9 ORDER OF DECISION GRANTING A VARIANCE / GEORGE S. FISHEL / CENTENNIAL MOTORS / VAR -00-010 PAR #0356 of NE4NE4 SEC 13 3N 1W #0355-B 7. The present land use of subject property is presently zoned as (C -G) General Retail and Service Commercial District which is being used as a used car dealership. 8. The proposed land use of subject property is to remain the same as a used car dealership. 9. That a vicinity map, attached hereto as Exhibit "A", consisting of one page, of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been furnished. 10. The Applicant seeks a variance of the following provision of the Meridian City Code, § 12-4-7 A., PLANTING STRIPS, and in the C -G zone, which provides as follows: 12-4-7 A. PLANTING STRIPS: Planting strips shall be required to be placed next to incompatible features such as highways, railroads, 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. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 3 of 9 ORDER OF DECISION GRANTING A VARIANCE / GEORGE S. FISHEL /'CENTENNIAL MOTORS / VAR -00-010 11 from the list on file with the Planning and Zoning Department. 12. There are no characteristics of the subject property which prevent compliance with the requirements of the ordinance. 13. The minimum requirements of the ordinance that need to be reduced to permit the proposed use would be that the detailed landscaping would need to be 10 - feet to be landscaped along the fence on the east side next to the Mobile Home Park. 14. The unusual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied with, Staff comments are that the site contains no unusual topography or natural features prohibiting compliance. 15. The existence of special circumstances or conditions affecting the property, is that, the Applicant notes the cars would be displayed along the fence on the east side adjoining the trailer park and will not be running any length of time. No smokers or cars with harmful emissions will ever be parked along the wall. All cars are pulled to the front of the building before a demo ride. The proposed landscaping plan includes the same amount of trees required by the City along with grass, sprinkler systems, and concrete curbing assuring the set back. Staff comments are that there does not appear to be any special circumstances on the parcel that would make landscape buffers impracticable or_unreasonable (i.e. there are no utility or irrigation easements that must be kept open or excessive slopes FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 4 of 9 ORDER OF DECISION GRANTING A VARIANCE / GEORGE S. FISHEL / CENTENNIAL MOTORS / VAR -00-010 that would prohibit plantings). 16. Granting the variance from the planting strip requirements along the eastern boundary to 10 -feet from the 20 -foot requirement would maintain rights which would be afforded to others in the same situation. 17. The variance from the planting strip requirements along the eastern boundary to 10 -feet from the 20 -foot requirement would allow the owner to maximize the potential site in order to generate a fair return on investment. 18. The granting of the requested variance from the planting strip requirements along the eastern boundary to 10 -feet from the 20 -foot requirement will not be detrimental to the public's welfare or injurious to other property in the area of the proposed plat. 23. The granting of this variance rom the planting strip requirements along the eastern boundary to 10 -feet from the 20 -foot requirement 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. 24. The applicant paid the fee established by the City Council for application variance. CONCLUSIONS OF LAW The City of Meridian has authority pursuant to the enactment of the Local FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 5 of 9 ORDER OF DECISION GRANTING A VARIANCE / GEORGE S. FISHEL / CENTENNIAL MOTORS / VAR -00-010 Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the 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 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 § I I - 18-3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 6 of 9 ORDER OF DECISION GRANTING A VARIANCE / GEORGE S. FISHEL / CENTENNIAL MOTORS / VAR -00-010 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, § 12-4-7 A., PLANTING STRIPS, and in the C -G zone, which provides as follows: 12-4-7 A. PLANTING STRIPS: Planting strips shall be required to be placed next to incompatible features such as highways, railroads, 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. 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 hereby granted a variance from the planting strip requirements along the eastern boundary to 10 -feet from the 20 -foot requirement for Centennial Motors in the General Retail and Service Commercial District. Additionally, the Franklin Road planting strip request of 20 -feet from the 35 -foot requirement is hereby denied, as the front setback landscaping is a condition of an existing conditional use permit, and therefore this matter cannot be addressed by a variance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 7 of 9 ORDER OF DECISION GRANTING A VARIANCE / GEORGE S. FISHEL / CENTENNIAL MOTORS / VAR -00-010 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 Planting Strips in the C -G Zone as provided in the Section 12-4-7 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 c6 day of '2000. ROLL CALL: COUNCILMAN RON ANDERSON VOTED4� COUNCILMAN KEITH BIRD VOTED_*�_ COUNCILPERSON TAMMY deWEERD VOTED —A-r— COUNCILPERSON CHERIE McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: —%—` 6 -Oy FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 8 of 9 ORDER OF DECISION GRANTING A VARIANCE / GEORGE S. FISHEL / CENTENNIAL MOTORS / VAR -00-010 MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. � Of `_M_'i`�,L'�>'. / �a► 1! V • "`1 O By: ��L-- Dated: ��l I� '�� w City Cleric $E' ' .�c �T Is j, msg/ZAWork\M\Meridian15360M\CentennialMotors VAR\FOsGrantVariance Ai/artanti;vfN' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 9 of 9 ORDER OF DECISION GRANTING A VARIANCE / GEORGE S. FISHEL / CENTENNIAL MOTORS / VAR -00-010 BEFORE THE MERIDIAN CITY COUNCIL 01-06-00 IN THE MATTER 4 THE VAR -00-010 APPLICATION OF G S. ) FINDINGS OF FACT AND FISHEL, FOR A VA.RiANCE IN ) CONCLUSIONS OF LAW AND THE PLANTING STRIP ) ORDER OF DECISION REQUIREMENTS FOR THE ) REDUCTION OF LANDSCAPING ) GRANTING A VARiA.NCE BUFFERS TO 20 FEET ON ) FRANKLIN ROAD AND 10 FEET ) ADJACENT TO THE ) RESIDENTIAL MOBILE HOME ) PARD LOCATED AT 225 WEST ) FRANI(LIN ROAD, MERIDIAN, ) IDAHO ) The above entitled matter coming on regularly for public hearing before the City Council on July 5, 2000, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying was the Applicant , George S. Fishel, and no one appeared 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 i FINDINGS OF FACT The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal 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 George S. Fishel and Larree G. Fishel, whose address is PO Box 673, Meridian, Idaho 83680-0673. 4. The owner of the property is George S. Fishel and Larree G. Fishel, whose address is 16837 Rose Briar Ln., Nampa, Idaho 83687. 5. The location of the subject property is located in a General Retail and Service Commercial (C -G) District at 225 West Franklin Road, Meridian, Idaho. 6. 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: NE corner Section 13 T3NR1 W; West 668.6 feet to Real Point of Beginning, West 210.6 feet thence South 00 28 00 West 435.6 feet thence West 100 feet thence South 00 28 00 West 221.2 feet thence East 310.6 feet thence North 00 28 00 East 656.8 feet to Real Point of Beginning; and located at 225 West Franklin Road, Meridian, Idaho. Total land area being approximately 3.684 acres more or less. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 2 of 9 ORDER OF DECISION GRANTING A VARIANCE / GEORGE S. FISHEL / CENTENNIAL MOTORS / VAR -00-010 PAR #0356 of NE4NE4 SEC 13 3N 1W #0355-B 7. The present land use of subject property is presently zoned as (C -G) General Retail and Service Commercial District which is being used as a used car dealership. 8. The proposed land use of subject property is to remain the same as a used car dealership. 9. That a vicinity map, attached hereto as Exhibit "A", consisting of one page, of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been furnished. 10. The Applicant seeks a variance of the following provision of the Meridian City Code, § 12-4-7 A., PLANTING STRIPS, and in the C -G zone, which provides as follows: 12-4-7 A. PLANTING STRIPS: Planting strips shall be required to be placed next to incompatible features such as highways, railroads, 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. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 3 of 9 ORDER OF DECISION GRANTING A VARIANCE / GEORGE S. FISHEL /'CENTENNIAL MOTORS / VAR -00-010 from the list on file with the Planning and Zoning Department. 12. There are no characteristics of the subject property which prevent compliance with the requirements of the ordinance. 13. The minimum requirements of the ordinance that need to be reduced to permit the proposed use would be that the detailed landscaping would need to be 10 - feet to be landscaped along the fence on the east side next to the Mobile Home Park. 14. The unusual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied with, Staff comments are that the site contains no unusual topography or natural features prohibiting compliance. 15. The existence of special circumstances or conditions affecting the property, is that, the Applicant notes the cars would be displayed along the fence on the east side adjoining the trailer park and will not be running any length of time. No smokers or cars with harmful emissions will ever be parked along the wall. All cars are pulled to the front of the building before a demo ride. The proposed landscaping plan includes the same amount of trees required by the City along with grass, sprinkler systems, and concrete curbing assuring the set back. Staff comments are that there does not appear to be any special circumstances on the parcel that would make landscape buffers impracticable or.unreasonable (i.e. there are no utility or irrigation easements that must be kept open or excessive slopes FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 4 of 9 ORDER OF DECISION GRANTING A VARIANCE / GEORGE S. FISHEL / CENTENNIAL MOTORS / VAR -00-010 that would prohibit plantings). 16. Granting the variance from the planting strip requirements along the eastern boundary to 10 -feet from the 20 -foot requirement would maintain rights which would be afforded to others in the same situation. 17. The variance from the planting strip requirements along the eastern boundary to 10 -feet from the 20 -foot requirement ,vould allow the owner to maximize the potential site in order to generate a fair return on investment. 18. The granting of the requested variance from the planting strip requirements along the eastern boundary to 10 -feet from the 20 -foot requirement will not be detrimental to the public's welfare or injurious to other property in the area of the proposed plat. 23. The granting of this variance rom the planting strip requirements along the eastern boundary to 10 -feet from the 20 -foot requirement 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. 24. The applicant paid the fee established by the City Council for application variance. CONCLUSIONS OF LAW The City of Meridian has authority pursuant to the enactment of the Local FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 5 of 9 ORDER OF DECISION GRANTING A VARIANCE / GEORGE S. FISHEL / CENTENNIAL MOTORS / VAR -00-010 Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by.the 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 the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code § 11 -IS - 3. That the requirements for the processing of a variance request are set forth in Idaho Code H 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 § 1I- 18-3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 6 of 9 ORDER OF DECISION GRANTING A VARIANCE / GEORGE S. FISHEL / CENTENNIAL MOTORS / VAR -00-010 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, § 12-4-7 A., PLANTING STRIPS, and in the C -G zone, which provides as follows: 12-4-7 A. PLANTING STRIPS: Planting strips shall be required to be placed next to incompatible features such as highways, railroads, 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. 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 hereby granted a variance from the planting strip requirements along the eastern boundary to 10 -feet from the 20 -foot requirement for Centennial Motors in the General Retail and Service Commercial District. Additionally, the Franklin Road planting strip request of 20 -feet from the 35 -foot requirement is hereby denied, as the front setback landscaping is a condition of an existing conditional use permit, and therefore this matter cannot be addressed by a variance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 7 of 9 ORDER OF DECISION GRANTING A VARIANCE / GEORGE S. FISHEL / CENTENNIAL MOTORS / VAR -00-010 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 Planting Strips in the C -G Zone as provided in the Section 12-4-7 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 day of �_� , 2000. ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILPERSON TAMMY deWEERD COUNCILPERSON CHERIE McCANDLESS VOTED _Af L_ VOTED_�L` VOTED4�_ VOTED MAYOR ROBERT D. C ORvRIE (TIE BREAKER) VOTED DATED —7,16 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / GEORGE S. FISHEL / CENTENNIAL MOTORS / VAR -00-010 Page 8 of 9 MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. �jOt%j;1ttt+fItill"I of By: �:� Dated: �'l Y $EA _ City Clerk '�..�►O T 151 msg/ZAWork\M\Meridian 15360M\Centennial Motors VARTOsGcantVariance ttttilts tsi+3'� + FINDINGS OF FACT AND CONCLUSIONS OF LAW AND Page 9 of 9 ORDER OF DECISION GRANTING A VARIANCE / GEORGE S. FISHEL / CENTENNIAL MOTORS / VAR -00-010 Zx/-6- '�41 November 17, 2000 CUP 00-047 MERIDIAN CITY COUNCIL MEETING November 21, 2000 APPLICANT Sam Fishel ITEM NO. D REQUEST Request for a modification to the CUP of the front landscape setback in a C -G zone for Centennial Motors AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See attached Findings 0 vA�- lil if OTHER: Contacted: Sam Fishel Date: 17 -Nov Phone: 888-5026 Materials presented at public meetings shall become property of the City of Meridian. interoffice MEMORANDUM FXcEIVED To: William G. Berg, Jr. NOV 2 0 2000 From: William F. Nichol CITY OF MERIDIAN Subject: Sam Fishel File No.: CUP -00-047 Date: November 20, 2000 Will: Please find attached the revised 14'' BC]E V] -L 'o ~ACT AND CONCLUSIONS OF LAW AND DECISIO1 _ SING REQUEST FOR MODIFICATION OF A C( NOV 2 0 2000 IIT, please replace these Findings with the previous Fin, CITY OF MIERIDIAN -I November 14, 2000. I have added additional language --ape setback shall be reduced to 20 feet. The Findings for their November 21, 2000, meeting. I have also attached the original of the ORDER GRANTING MODIFICATION OF A CONDITIONAL USE PERMIT, with the same revision as above, and if the Council approves the FINDINGS the Order may be signed. Please serve copies of both documents upon the Applicant and appropriate departments. If you have any questions please advise. msg/Z:\Work\M\Meridian\Meridian 15360M\Centennial Motors VAR\C1kLtrCUP47Ffc1112000.wpd June 15, 2000 J U N 19 2000 CITY OF TV hIDIA 11111 U III II III III . i • 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Will Berg, City Clerk Meridian City Hall 33 East Idaho Meridian, ID 83642 Re: VAR00-010 Reduction in required landscaping for Centennial Motors / Sam Fishel Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above-mentioned application. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 July 28, 2000 VAR 00-010 MERIDIAN CITY COUNCIL MEETING July 5, 2000 APPLICANT Sam Fishel ITEM NO. 4 REQUEST Public hearing - Request for reduction in the required landscaping setbacks for Centennial Motors to allow 2 feet v. 36 feet along Franklin Road and 10 feet v 20 feet along the Rose Park Mobile Home Park - 225 West Franklin Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached See attached See attached See attached i Cj'JC � tv--- "t �Iv '� F"4 f (,A Contacted: �kYVL T j Gj 1 )� : �1.1 Zl 5 Date: Phone: ®n - Cj2L1(p L.f-pp C�' Materials presented at public meetings shall become property of the City of Meridian. R,ECEIVEj) MEMORANDUM: JUN 3 0 2000 June 26, 2000 To: Mayor & City Council CITY OF MERIDIAN CITY CLERK OFFICE From: Brad Hawkins -Clark, Planner'QC— Re: Request for Variance to Reduce Two (2) Required Planting Strip Widths for a Centennial Motors (Sam Fishel) Use Car Dealership in a C -G Zone at 225 W. Franklin Road We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY This application requests two modifications to the Applicant's existing Conditional Use Permit, approved by City Council on September 16, 1997 to operate an automobile sales lot. The Applicant is in the process of improving the site per the approved 1997 Site Plan and under the approved conditions. However, Mr. Fishel is now seeking a variance to reduce the required landscape buffer widths along the east and north boundaries of the site. The eastern boundarv, 20 -foot planting strip (adjacent to Rose Park Mobile Home Subdivision) is required by Ord. No. 12-4-7.A., which requires planting strips between incompatible features. As City ordinance, this width can only be reduced by City Council through a Variance procedure. The Franklin Road planting strip width of 35 feet is not an ordinance but was a condition of the original 1997 CUP approval. Staff felt that incorporating both items under this Variance application would accomplish the same end result as running the Franklin Road buffer reduction through as a CUP modification. REQUIRED FINDINGS According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings, all of which must be determined before granting a variance: "A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; VAR -00-010 Centennial Motors Landscape Strips.VAR.doc ~ HUB OF TREASURE VALLEY MAYOR Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN (208) 288-2499 • Fax 288-2501 CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN ,IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208)884-5533 • Fax 888-6854 R,ECEIVEj) MEMORANDUM: JUN 3 0 2000 June 26, 2000 To: Mayor & City Council CITY OF MERIDIAN CITY CLERK OFFICE From: Brad Hawkins -Clark, Planner'QC— Re: Request for Variance to Reduce Two (2) Required Planting Strip Widths for a Centennial Motors (Sam Fishel) Use Car Dealership in a C -G Zone at 225 W. Franklin Road We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY This application requests two modifications to the Applicant's existing Conditional Use Permit, approved by City Council on September 16, 1997 to operate an automobile sales lot. The Applicant is in the process of improving the site per the approved 1997 Site Plan and under the approved conditions. However, Mr. Fishel is now seeking a variance to reduce the required landscape buffer widths along the east and north boundaries of the site. The eastern boundarv, 20 -foot planting strip (adjacent to Rose Park Mobile Home Subdivision) is required by Ord. No. 12-4-7.A., which requires planting strips between incompatible features. As City ordinance, this width can only be reduced by City Council through a Variance procedure. The Franklin Road planting strip width of 35 feet is not an ordinance but was a condition of the original 1997 CUP approval. Staff felt that incorporating both items under this Variance application would accomplish the same end result as running the Franklin Road buffer reduction through as a CUP modification. REQUIRED FINDINGS According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings, all of which must be determined before granting a variance: "A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; VAR -00-010 Centennial Motors Landscape Strips.VAR.doc P&Z Commission/Mayor i..,_a Council June 26, 2000 Page 2 B. That strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievements or the objectives of this Title; C. That the granting of the 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; D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan. ANALYSIS Staff offers the following observations and analysis to assist the Council in its decision: 1. State and national court decisions pertaining to variance challenges and litigation have generally determined that "unique site characteristics" (Item A above) be characteristics that are natural, rather than man-made or induced by an owner. 2. Hardship (Item B above) is defined in the Zoning & Development Ordinance as follows: "An unusual situation on the part of an individual property owner which will not permit him to enjoy the full utilization of this property as is enjoyed by others in the community. A hardship can exist only when it is not self-created." Applying this definition to landscape buffers, a hardship would typically involve having a lot or parcel that is either very narrow or very shallow in depth (circumstances beyond the owner's control). In such cases, requiring a 20 -foot and 35 -foot buffer would eliminate the possibility of full use of the interior for the business. The subject property has approximately 210 feet of frontage on Franklin and is 655 feet deep. The total parcel area is 159,343 s.f. (3.66 acres). The eastern 20 -foot planting strip is 13,100 s.f. and the 35 -foot street buffer is approximately 6,520 s.f., for a total of 19,620 s.f. of landscaping on the site, or 12.3% of the gross parcel area. 3. Residential units in Rose Park Mobile Home Subdivision abut the full depth of the subject lot. There are nine (9) mobile home lots adjacent to the east property line, running the full 655 -foot depth. There is currently a chainlink fence separating the Centennial Motors lot from the majority of the mobile home lots. 4. The total amount of asphalt/parking area on site is 38,000 s.f. At one, 3 -inch caliper tree per 1,500 s.f., a total of 25 trees must be provided on the site in order to meet Ordinance No. 11- 13-4.B. Based on the detailed landscaping plan (Sheet L-1) submitted with the Variance application, a total of 15 deciduous trees (Autumn Blaze Maple and Autumn Purple Ash) and 10 conifer trees are provided, so the site would comply with this ordinance under the submitted plan. On Item #12 of the application, Mr. Fishel states that "nothing really prevents us from complying with the requirements of subject property except it would cut back 30 cars from display and that is what we are all about is display." This appears to be solely a financial reason for non-compliance. CUP -00-018, Centennial Motors Landscape Strips. V AR.doc P&Z Commission/Mayor , __a Council June 26, 2000 Page 3 STAFF RECOMMENDATION Considering the four (4) required Findings, Staff believes only Item C (no detriment to public welfare) can be met on this site. On Item A, there do not appear to be any "special circumstances" on this parcel that would make landscape buffers impracticable or unreasonable (i.e. there are no utility or irrigation easements that must be kept open or excessive slopes that would prohibit plantings). On Item B, the site contains no unusual topography or natural features prohibiting compliance (see the discussion of "Hardship" above in the Analysis section). On Item D, the Comprehensive Plan (Community Design Chapter, pg. 71, Policy #1.4) calls for entryway corridors to be enhanced and emphasized. Franklin Road is listed as an entryway corridor on page 72 of the Plan and the City has consistently required 35 -foot landscape setbacks for commercial uses that require CUPs. Also, unlike many other commercial uses, the Applicant is not providing internal parking lot landscaping, which is typically provided on other commercial parking lots. While Staff could support a reduction of the northern 35 -foot buffer to 25 feet, we do not believe the required Variance Findings have been adequately addressed to allow a reduction of the eastern 20 -foot buffer. Also, the landscape plan proposes 5 Autumn Blaze Maples within this eastern buffer. A 10 -foot wide planting strip would likely crowd trees of this size at their maturity. cur-oo-ota, Centennial Motors Landscape Strips.VAR.doc MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY •"1 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 - Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: June 23, 2000 Transmittal Date: June 8, 2000 File No.: VAR 00-010 Request: By: Hearing Date: July 5, 2000 Keauction in required landscaping buffers to 20 feet on Franklin and 10 feet adjacent to the residential mobile home park for Centennial Motors Sam Fishel Location of Property or Project: 225 West Franklin Road Sally Norton, P/Z ** Kent Brown, P/Z ** Thomas Barbeiro, P/Z ** Richard Hatcher, P/Z ** Keith Borup, P/Z ** Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (no C/C only) Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 24 AZ .27 ^ no FP Your Concise Remarks: Meridian School District ** Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department ** Ada County (Annexation) RECEIVED JUN 13 2000 CITY OF MERIDIAN CITY CLERK OFFICE MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY 10'N. A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: June 23, 2000 Transmittal Date: June 8, 2000 Hearing Date: July 5, 2000 File No.: VAR 00-010 Request: Reduction in required landscaping buffers to 20 feet on Franklin and 10 feet adjacent to the residential mobile home park for Centennial Motors By: Sam Fishel Location of Property or Project: 225 West Franklin Road Sally Norton, P/Z ** Kent Brown, P/Z ** Thomas Barbeiro, P/Z ** Richard Hatcher, P/Z ** Keith Borup, P/Z ** Robert Corrie, Mayor Ron Anderson, CIC Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (no C/C only) Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 24 AZ - 27 •• no FP Meridian School District ** Meridian Post Office. (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department ** Ada County (Annexation) Your Concise Remarks: (U -• / 9- - 0 C) '71 s Lz L 4,,%11- M. )D 9 "IN Robert OF TREASURE VALLEY MAYOR Robert D. Corrie A Good Place to Live CITY COUNCIL MEMBERS CITY OF MERIDIAN Ron Anderson 33 EAST IDAHO Keith Bird MERIDIAN, IDAHO 83642 Tammy deWeerd (208) 888-4433 - Fax (208) 887-4813 Cherie McCandless City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208)288-2499 - Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211- Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 - Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: June 23, 2000 Transmittal Date: June 8, 2000 Hearing Date: July 5, 2000 File No.: VAR 00-010 Request: Reduction in required landscaping buffers to 20 feet on Franklin and 10 feet adjacent to the residential mobile home park for Centennial Motors By: Sam Fishel Location of Property or Project: 225 West Franklin Road Sally Norton, P/Z ** Kent Brown, P/Z ** Thomas Barbeiro, P/Z ** Richard Hatcher, P/Z ** Keith Borup, P/Z ** Robert Come, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C —�L Water Department Sewer Department Sanitary Service (no C/C only) Building Department Fire Department Police Department City Attorney City Engineer City Planner Gan - 26 PP/FP/PFP - 24 AZ - 27 ** no FP J U N 2 0 2000 Meridian School District ** Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department ** Ada County (Annexation) Your Concise Remarks: _x'44 a222 RECEIVE JAN 12 2000 Meridiain'en t W ater Sul)e ** TX CONFIRP 1N REPORT ** DATE TIME TO/FROM 01 07/03 06:43 2088881215 rom AS OF JUL 03 08:47 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 03'53" 008 083 OK City of Meridian City Clerk's Office Phone: 208-888-4433 Fax: 208-888-4218 To: Sam Fishel From: Shelby Fox 888-1215 Poges: 8 Phone: 888-5206 Date: 07/03/00 Re: 7/5/00 Council Meeting Info cc: 0 Urgent O For Review 0 Please Comment ❑ Please Reply ❑ Please Recycle LaRee, The item packet for tomorrow's Council meeting is following. This Is the new information received that the Council will be reviewing along with the application. Please call If you have any questions. Shelby Ada Countu'i'li4kWaq 2)i3trict 318 East 37th Street Judy Peavey -Derr, President Dave Bivens, Vice President Garden City, Idaho 83714-6499 Phone (208) 387-6100 Marlyss Meyer, Secretary Fax (208) 387-6391 Sherry R. Huber, Commissioner E-mail: tellus@achd.ada.id.us Susan S. Eastlake, Commissioner June 23, 2000 TO: George S. Fishel P.O. Box 673 Meridian, ID 83680-0673 ij�ECEIVED JUL 0 3 1000 CITY OF MERIDIAN SUBJECT: MVAR-00-010 CITY CLERK OFFICE Variance for Landscape Buffer 225 West Franklin Rd. On August 20, 1997, the Ada County Highway District Commissioners acted on MCU -23-97. The conditions and requirements also apply to MVAR-00-010. If you have any questions, please feel free to contact this office at (208) 387-6177. Sinc ely, .� C C �. l Penelope L. Constantikes Development Analyst Cc: Planning & Development/Chron/Project File Planning & Development Services --City of Meridian Q- 5100 ADA C JUNTY HIGHWAY DIS.L RIOT Planning and Development Division Development Application Report MCU -23-97 225 W. Franklin Road Used car lot The applicant is requesting conditional use approval to operate a used car and truck sales lot. The 3.66 -acre site is located on the south side of Franklin Road approximately 450 -feet east of Meridian Road. This development is estimated to generate 200 total additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Franklin Road ACHD Commission Date - August 20, 1997 - 7:00 p.m. r I -r44 To rv► R�Rt �� d-T•� TLc�) 3 u 9ZOS-000 - OHV01 'NVIGI83w ook 'Ub 922 sa 0101-4 'IV INVOI6 IDN .Dery onv� 7sxv -,� viurla sws 10311H08V 'VIV '083813H:41 a AW' "S WIJ 3115 1 -� TO L ID. +A -JI 41 — —.ja FA —__ 1. — 9ZOS-999 - OHVaI 'NVII(3IM3W as NII)4NVW 'M SZZ suolow 'IIVINN31Na:) '' 9I'X1—c w! ! ". V 07 N , � " 10311HOUY 'V1v 'OH303HOID 0 AdV� -T) slim N0. rn nccnr TQTrq INC Facts and Findings: A. General Information Applicant - Centennial Motors C -G -Existing zoning 3.66 - Acres 5,941 - Square feet of existing building 280 - Traffic Analysis Zone (TAZ) West Ada Metro - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Franklin Road Minor arterial with bike lane designation Traffic count 9,066 on 4/23/96 (east of E. 1st Street) Traffic count 10,242 in 1990 (west of Meridian Road) 210 -feet of frontage 55 -feet existing right-of-way (27.5 -feet from centerline) 83 -feet required right-of-way (30 -feet south of section line - section line and centerline are not the same) according to the most recent design plans for Franklin Road Franklin Road is improved with 30 -feet of pavement with no curb, gutter or sidewalk. The District is planning to improve and widen this segment of Franklin Road in FY 97-98. District representatives are currently acquiring right-of-way for the project. 3rd Street (extended) Local commercial street with no pathway designation No traffic count available 0 -feet existing right-of-way 60 -feet required right-of-way (20 -feet from this site) 3rd Street has not yet been constructed to this site's southwest comer, as approved in Troutner Buisness Park Subdivision. B. On June 25, 1997, the Commission approved the final plat for Troutner Business Park phases I and H. That site is located adjacent to the subject applicant's south property line. The owners of Troutner Business Park were required to extend 3rd Street (local commercial roadway) as a 41 -foot street section within 60 -feet of right-of-way, from Penwood Street to their north property line, which is the subject applicant's southwest property comer. Normally staff would recommend that the applicant be required to provide a deposit to the Public Rights -of -Way Trust Fund for their share of the cost of extending 3rd Street along their west property line (curb, gutter, 5 -foot sidewalk and 8.5 -feet of pavement). However, the applicant is not proposing to develop the southern portion of the site at this time. When MCU2397.COM Page 2 the southern portion of the site is developed, the applicant will be required to improve (or road trust the improvement) 3rd Street at that time. The applicant should be required to dedicate right-of-way for the extension of 3rd Street. This requires a 20 -foot strip of right-of-way abutting the west boundary, starting at the southwest property corner extending 240 -feet north. The owner should dedicate the right-of- way by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will not be compensated for this additional right-of-way. C. The site has two existing driveways on Franklin Road. One driveway is located 64 -feet east of the west property line and the other is located 150 -feet east of the west property line. There is an existing driveway on the site's west property line and several existing driveways on the north and south side of Franklin Road that are within 150 -feet of the applicant's driveway (one driveway on the south side of Franklin Road is within 64 -feet of the site's driveway). District policy requires that driveways on minor arterials (with a 35mph speed limit) be aligned or offset 150 -feet. The site has insufficient frontage to locate a driveway in compliance with District policy. Staff recommends a variance for one driveway, provided the applicant closes the other driveway (the exact location has not yet been determined). Access to the site from Franklin Road is currently being determined in conjunction with driveways on the north side of the street by District designers. The applicant should be required to coordinate the location of the driveway with the District's Plans & Survey staff. The driveway on Franklin Road should be construct 24 to 30 -feet wide with 15 -foot radii pavement tapers. D. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file numbers) for details. E. District policy requires the applicant to provide a $1,785.00 deposit to the Public Rights -of - Way Trust Fund for the cost of constructing a 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 210 -feet) prior to issuance of any required permits or District approval of a final plat, whichever occurs first. F. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District the applicant should be required to pave the driveway its full required width of 24 to 30 -feet wide to at least 30 - feet beyond the edge of pavement of Franklin Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. G. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. MCU2397.COM Page 3 H. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following requirements are provided as conditions for approval: Site Specific Requirements: Dedicate a 20 -foot wide strip of right-of-way beginning at the southwest corner of the parcel and extending 240 -feet north along the western boundary. Dedicate the right-of-way by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will not be compensated for this additional right-of-way. 2. Provide a $1,785.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 210 -feet) prior to issuance of any required permits or District approval of a final plat, whichever occurs first. 3. ACHD will construct a 24 to 30 -foot wide curb return driveway with 15 -foot curb radii on Franklin Road. Coordinate the location of the driveway with the District's Right -of -Way and Development Services staffs. The applicant will be required to pave the driveway 30 -feet back. 4. Close one of the existing driveways using landscaping berms or other method approved by the District. Coordinate with District staff to determine which driveway to close and the method used to close the driveway. 5. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 6. Other than the access point specifically approved with this application, direct lot or parcel access to Franklin Road is prohibited. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Development Services Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or ineauity. The written request shall be submitted to the District no later than 9.00 a m on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. MCU2397.COM Page 4 11,*) 1'") Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two weeks of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. MCU2397.COM Page 5 Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Submitted by: Development Services Staff Date of Commission Action: MCU2397.COM Page 6 SB'3Jdd VVLBb8880F SS:80 00, 2T Nnf MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Andcrson Keith Bird Tammy dcWccrd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clcrk Officc Fax (208) 888-4218 LEGAL DEPARTMENT (205) 234-2499 - Fax 248-2501 PUBLIC WORKS BUILDING DEPARTMENT (20S)SS7-2211 -Fax 887.1297 PLANNING AND ZONING DEPARTMENT (205) $34-5533 • Fax 888-685a TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: June 23, 2000 Transmittal Date: June 8, 2000 Hearing Date: July 5, 2000 File No.: VAR 00010 Request: Reduction in required landscaping buffers to 20 feet on Franklin and 10 feet adjacent to the residential mobile home park for Centennial Motors By: Sam Fishel Location of Property or Project: 225 West Franklin Road Sally Norton, PIZ " Kent Brown, P/Z " Thomas Barbeiro, P/Z " Richard Hatcher, P/Z " Keith Borup, P/Z ** Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department L7— Sewer Department Sanitary Service (no C/C only) Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FPiPFP - 24 AZ - Z" " no FP Your Concise Remarks: Meridian School District — Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department " Ada County (Annexation) RECEIVED JUN 112000 CITY OF MERIDIAN CITY CLERK OFFICE NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on July 5, 2000, for the purpose of reviewing and considering the application of Sam Fishel for a reduction in the required landscaping setbacks for Centennial Motors to allow 20 feet instead of 35 feet feet along Franklin Road and 10 feet instead of 20 feet along the Rose Park Mobile Home generally located at 225 West Franklin. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours generally located at 225 West Franklin Road. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 8th day of June, 2000 PUBLISH June 16th and 30th, 2000 WILLIAM G. BERG, J , CI CLERK X0,01Ii t► tI Of J� 4 �Q A SEAL _ E _0 E c W G1 #!11 T, -r I 1< g _ F O IFI •y3 a r I iv,g r K 3 a� i L r,O I yy 33 cp sk a i i •,an a$ 9" ji pDm m�«=p R.�" z4 3 Pn o saSR'f$6�. 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