Loading...
HomeMy WebLinkAboutNIDAYS Addition CUPCUP 04-005 MERIDIAN PLANNING & ZONING MEETING APPLICANT St?OI CO. REQUEST Public Hearing - Request foi office in a proposed O-T zone for NIDAYS 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: See revised Plat Contacted: ~-c~i, ~-V ' Emailed: " Dom" Matedala presented at April 1,2004 ITEM NO. a Conditional Use Permit for an accounting and dispatch Addition - 230 West Pine Avenue COMMENTS ~C~I See attached Staff Comments p,^~ '\i` _ No Comment No Comment See attached Comments Date: I ~ Staff Initials: Phone: City of Meridian. C~ MAYOR Tammy da Weard CnY COUNCII. MEMBERB Keith Bird William L.M. Mary Shaun Wardle Charles M. Ramtrea CITY OF ,d8 C~ri~i~n Il IDAt10 Cn'Y HALL (208) 8884433 -Fax 887-0813 PUBLIC WORKS (208) 887-2211-Fax 89&9551 LEGAL DEPARTMENT (208)4669272 -FAX 4664405 MEMORANDUM: April 1, 2004 To: Mayor, City Council and Planning & Zoning Commission T -( ~, r' ~~ ~.~J ~J ~ I tl From: Wendy Kirkpatrick, AICP, Associate City Planner VV Bruce Freckleton, Senior Engineering Tech ~ ~'~~~~ ~ ~' t~05 i_;!v Z7('lwleazciiaa. Re: Seal Co. (230 W. Pine Street) (pity (Jlerk OiTiaEr • Request for A Conditional Use Permit to Allow an accounting and dispatch office at 230 W. Pine Avenue, in a Proposed O-T (Old Town) Zone, by Seal Co. (Fide No. CUP-04-005). We have reviewed the above referenced submittals and offer the following comments. APPLICATIOl~i SUMMARY Seal Co. has requested a Conditional Use Permit to allow an accounting and dispatch office to operate out of an existing single family residence located at 230 W. Pine Avenue. Seal Co. is a small business which specializes in caulking and sealing for construction projects. The proposed CUP will allow Seal Co. to operate their accouming and dispatch office out of the existing home and garage at 230 W. Pine Avenue. The office will dispatch Seal Co. employees to job sites throughout the Treasure Valley and the Northwest. According to the applicant, most materials used by Seal Co. are shipped directly to job sites but employees will occasionally pick up materials and equipment for jobs at the office and garage on Pine Avenue. All materials and equipmem will be stored on the subject property. Seal Co's commercial vehicles will also be stored at 230 W. Pine. The existing buildings on site consist of a 1,450 square foot single family dwelling and a detached two car garage (approximately 660 square feet.) Farking for the proposed accouming and dispatch office will be located within the garage and at the rear of the property. SITE ffiSTORY Rezone and CUP applications for a group daycare on the subject property were denied in 2003 due to concerns regarding traffic and impacts of the daycare on the neighborhood. Cvr-o4-oos seal co. A home occupation for a bookkeeping business (AUP-03-021) was approved on the subject property by Meridian's Planning and Zoning Commission on March 4, 2004. Due to neighborhood opposition to the AUP application, the Planning and Zoning Commission was the decision making body on the AUP. At the hearing for the AUP two neighbors testified that a business was being run illegally out of the residence and garage at 230 West Pine Street. Meridian's Chief of Police submitted a report stating that, based on his surveillance of the subject property, he believed that a business was being run out of the residence and garage of the subject property. Joe Venneman, a Code Enforcement Officer with the City of Meridian, similarly submitted a report stating that he believed an illegal business was being run out of the residence on the subject property. At the Planning and Zoning Commission hearing and in the staff report for the AUP, staff clearly stated that if an illegal business was run out of the home on the subject property the AUP for the bookkeeping business could be revoked and the proposed CUP for Seal Co. would be jeapordized. Since the March 4, 2004 approval of the AUP for the bookkeeping business Joe Venneman has twice visited the subject property and seen evidence of an illegal business being run out of the residence and garage. This operation of an illegal business is a violation of the Cqnditions of Approval for the AUP for the bookkeeping business. The report from the Code Enforcement Officer is attached. LOCATION The subject property, 230 W. Pine Avenue, is located on the north side of Pine Avenue, bordered on the west side by W. 3`a Street. SURROUNDING PROPERTIES North: Single family residential and Meridian Elementary, zoned R-4. South: Single family residential, zoned R-8. Pine Avenue is located directly south of the subject property, East: Single and multi-family residential, zoned R-4. West: Single family residential, zoned R-4. West Third Street is located directly west of the subject property. Merlyn Schmeckpeper is the current owner of the subject property and he has submitted an affidavit of legal interest to allow the applications to be submitted for the subject property. STANDARDS FOR CONDTTIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): C[JP-04-0OS Seal Co. 2 A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Staff finds that the subject property is lazge enough to accommodate the requested use and all required features. Required pazking for the accounting and dispatch office is based on the standazds for a Mixed Use. One parking spot is required for every 400 sq. ft. of office space and one parking spot is required for every commercial vehicle used in the operation of the business (MCC 11-i3). The proposed site plan shows pazldng for eight vehicles. The garage on the site plan must be dedicated to pazking if the two spots in the garage are counted cowards the parking requirement. The square footage of the office building requires that four parking spaces be provided. The remaining four of the eight parking spaces shown on the site plan will be dedicated to commercial vehicles. No more than four commercial vehicles may be stored on the subject property.. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; As noted eazlier in the report, the Comprehensive Plan Land Use Map designates the property as "Old Town." The proposed use complies with the requested O-T zoning designation. C, That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Staff finds that the design, construction, operation and maintenance of the proposed use will not be compatible with other uses in the general neighborhood and with the existing or irnended character of the general vicinity and that such use will adversely change the essential character of the same area. This finding is based on the noise complaints the City has received from the neighbors ofthe subject property. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff finds that the proposed use will adversely impact other property in the vicinity. The applicant has a past history of not complying with conditions of approval (as evidenced by the violation of the conditions of approval for the AUP for the bookkeeping business) and staff has concerns that the applicarn will not comply with the conditions of approval for the proposed CUP. At the AUP hearing, neighboring residences complained about the noise associated with the (illegal) use being conducted on the site. E. That the proposed use will be served adequately by essential public facilities and cvP-o4-cos seat co. services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Staff finds that the proposed development will be adequately served by the essential public facilities and services listed above, if improvements are made by the applicant in accordance with existing policies, ordinances and the international building and fire codes. F. That the proposed use will not create excessive additional requirements at public coat for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that the proposed improvements would not be detrimental to the economic welfare of the community, nor would the infill development create the need for any new facilities or services to be paid for by the public. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed use will involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or general welfaze by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The proposed use will be detrimental to neighboring properties due to the applicant's past history of noncompliance and the resulting complaints the City has received from neighbors regarding noise associated with the approved AUP on the subject property. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the proposed use will not create significant imerference with any traffic on the surrounding public streets, if street and parking improvements aze designed in conformance with ACRD requirements. Parking access is taken off the alley, and 3`" Street. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff does not find that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. CUP-04-oos Seal Co. SPECIAL CONSIDERATIONS 1. Alternative Compliance (Landscaping): The Landscape Ordinance requires a twenty foot (20') buffer between single family residential uses and office uses (MCC 12-13-12-5). Upon staff s request, the applicant is proposing to install a 10' buffer and a privacy fence between the subject property and the residence to the north. The applicant has made this request pursuant to the ahernative compliance section of the Landscape Ordinance (MCC12-13-8) that allows a reduction in landscaping without a variance, if the project meets certain criteria, such as a change of use on an existing site and the buffer is larger than can be provided. (MCC12-13-18-2C). Given the higher intensity and mixed use nature of the Old Town caning requested for the subject property and the change in use of the property from single family residential to an office use, staff can support a reduction in landscape buffers between lots; however staff recommends that the buffer be landscaped and that privacy fencing be required along the northern edge of the subject property. The Commission should determine if the proposed reduction in landscaping is appropriate for the proposed use in the proposed O- Tcone. Furthermore, the new landscaping plan includes a ten foot (10') wide buffer adjacent to 3rd Street, in compliance with the Landscape Ordinance. If the landscaping is located on ACHD'sright-of--way, a license agreement will be needed prior to occupancy. 2. Sidewalk on 3'd 5tree[: The applicant has not proposed the construction of a sidewalk on 3rd street as required by the MCC. ACFID waived their requirement for a sidewalk, based on the fact that the sidewalk does not connect to surrounding properties and is near the end of a dead-end road. Likewise, staff recommends waiving the requirement to provide a sidewalk on the south side 3`d Street; based on the waiver allowance for properties having more than a 100' foot wide lot frontage, found in MCC 12-5-2K. AGENCY COMMENTS See attached reports from Meridian's Chief of Police and Meridian's Code Enforcement Officer. Meridian's Fire Department has recommended that storage of all materials be required tp meet the standards of the International Fire Code. RECOMMENDATION Staff recommends denial of CUP-04-005 based on the applicant's history of noncompliance with the conditions of approval for the AUP issued for the subject property. See Findings C, D, and G above for further justification. CUP-04-0OS Seal Co. TO: Wendy Kirkpatrick, Planner ~' ~ ~ TC TLS "(l Meridian Planning & Zoning Department ~' ~ d 1 V LtJ ;; 2 ~ 2001 FROM: Joe Venneman, Code Enforcement Officer Meridian Planning & Zoning Department t-'~ tY Of Meridian d''ity (;lerk Of3~ce DATE: March 29, 2004 SUBJ: Surveillance results on Merlin Smeckpepper Case Below are my notes for yow use at the upcoming April 1~` CUP hearing in connection with the Pine Street property. I am providing this information in this format due to the additional time it would take to obtain approval for the release of my full Meridian police report on this investigation. Some names have been redacted from this report due to confidentiality issues. If you need any further information please let me know. On March 19,2004, I conducted surveillance at the property on Pine Street beginning at 6:35 a.m., and at 6:46 a.m. and observed three trucks and one car arrive at this address within a five minute period. Two of these trucks had "Seal Co" logos on the sides of the doors. A fifth vehicle, a blue sedan, was already parked on the north side prior to my arrival. Five males got out of their respective vehicles and congregated at the garage located east of the house. One of the males opened the garage and at various times the men walked in and out of the garage. All of the males were wearing work clothes and two of them had shirts with a logo which read "Seal Co." Several small items which could not be idernified were put irno the bed of one of the trucks, and at 7:15 a.m. two men began leaving the premises in their respective vehicles. One man remained behind and was welkin his dog in the yard, so I approached him and identified myself. He said his name was and I asked him if he was aware that no business could be operated out of the unattached garage. He said, "yes, I know," but then added that no business is being run out of there any longer and that they (he and the other men) were "removing materials from the garage and should be done doing so by Friday, March 26, 2004. On March 22, 2004, I initiated swveillance of this property again at 6:35 a.m. At 6:47 a.m., two trucks arrived and parked at the east side of the unattached garage. Within three minutes a third truck and a white sedan arrived. Five men exited their respective vehicles and one of them opened the garage door. They went in and out the garage numerous times, and I saw two items being put into the back of one truck. Beginning at 7:10 a.m., all but one of the men left the premises in their vehicles. (It was noted that during my observations of the mens' activities this date, only one item was removed from the garage and placed irno one of the trucks.) Ali fow men then congregated at the garage door which was opened. They repeatedly went inside the garage, and at one point one of the men put an item which I could not see into the bed of his truck. The male with the pony tail removed a long poled scaler from the garage and took it to his car. At 7:11 a.m.one of the white trucks left the premises traveling east on Pine. Nothing had been loaded into this truck. At 7:14 a.m. a second male left in a truck, the garage door was closed and the remaining two men went into the house, using the door on the east side of the residence. The second man was a baldin male wearing a white shirt with the "Seal Co" logo on the front. The first man was Mr. On March 22, 2004, I imtiated surveillance of this property again at 6:35 a.m. At 6:47 a.m., two trucks arrived and parked at the east side of the unattached garage. Within three minutes a third truck and a white sedan arrived. Five men exited their respective vehicles and one of them opened the garage door. They wern in and out the garage numerous times, and I saw two items At 7:27 a.m, both men came out of the house, got ierto their respective vehicles and surveillance was ended at 7:35 a.m. . On 3/26/04 I received a voice mail from a man identifying himself as -. He said that He had met that day with someone from Planning & Zoning, and had agreed to instruct all the employees at the 230 W. Pine residence to no longer report there, and that they were only to show up to drop ofI'time cards in connection with the business being run from the house. He said he would be the only person showing up at that residence from now on, and just wanted me to know that he would be in compliance. On 3/29/04 I initiated surveillance again at the 230 W. Pine address and found only one person there. This person stood at the east door entrance to the house for a few minutes and then went back inside the home. From my vantage point I could not tell if this was a male or female, but no truck activity was seen up to the time surveillance was ended at 7:30 a.m. ~~~ - .~ ulc~U,c~ cal REVISION DATED MARCH 23rd. 2404 ~~q,~ Ca C ~F Date: March 23`x, 2004 ~~~ C PC~I,~~~ o ~ 1`lG S To: City of Meridian Planning and Zoning From: Seal Co. Re: CUP Application for 230 W. Pine Ave. Sub: Due to varying site constraints we request approval for alternative compliance of landscape buffer requirements per the plat plan accompanying the application submitted by Seal Co. for the CUP application for 230 W. Pine Ave. 1. South property line (West Pine Ave.): Request approval of existing lawn and trees per submitted plat wherein the 17ft. Bin. ACRD Right-of--Way be included and allowed in the 20ft. buffer requirement. The Ordinance intent is met. (Sean: 7.5) 2. West property line (West 3'a St.): Request approval of existing lawn and trees per submitted plat wherein the loft. area between the property line and the irrigation ditch be included and allowed for the loft. buffer requirement. The Ordinance intent is met. (Sean: 7.5) 3. 7Vorth properly line: Request approval per the submitted plat wherein we have set out a 10 ft. landscaped buffer area with a 6 ft. cedar privacy fence. The Ordinance intent is met. (Sean: 7.5, 9.3) 4. East property line (Alley Ways: Request approval per the submitted plat as the alley way will be paved per the ACHD requirements in conjunction with the current John T. Schroeder (recently re-caned O.T.) 4-plex development. Thank you, Mike Devaney RECEIVE] CITY OFMI@AERIDIAN ~IT~' C~IFIRRC f11FF~f".F ~ WEST PINE AVE. (COLLECYORJ West Pine Ave. bolaldarv h28'-0"1 (Eitletllrg CurbCUq H `Pwr.r+ole (Lawn) ~?A" Reralnln9 ~I ~ 1 "~~I"^ ~~~ (Future Sig ag ) ~ I A~~. y~glA~ ID ROW r r<. 1 r 1 ~ S ~.. (Lawn) ~ W ~ -i ; a 6 1 ^ e 1 \~ ~i \\X N 1 ~~ ~I ml of cl 1 r 1 1 ~~ al r Pffilo (Lawn) (6 R (Asphalt Drive Wey) II al c N W lY N E ~~ ~~ 'a =om aQa , _. _ .I ~~~~~_~ r - T--------~------ • -, • 3 at I 1 I 1 ~ ~ q, I I I Z i m l ~ 1 © 1 I 16 ft. Cedar Pr ac Fence I :. it i ~A~ Q/a ~~~~_~ 70 ft. taped ~A~ 4 a i ~\~c~~% i 7 Landscape: - •A•: New Capital Pear NoRb boundary (120'-0") ' ~' - "a". New decid, shrub - "C". New e v ergreen tree u '; Concrete Curb I ~ n g - IrngaEfl~on i Auto Sprinklers (existing & new), Cay Water I ~ ~ quay ENDS ~ School Parking:118paces ~ °w~ ~ _ ~ MerlynSch"1;~~~eper (Revised) PLAT /PARKING 230 W. PINE AVE., ~ o ~ II m N BrandanSchmecl<peper ,571: MERIDIAN IDAHO ~ . Ada Ave. / LANDSCAp~.~ ~ ' Q ~ ~ Meridian, Idaho 83842 K F~' ~ ~1 T T~ , ~ 83642 (4lY-0") ACRD ROW To Center of Stl'eet (SltleWelki (L ~ awn) Rn.Pol" r` 1 1 ~~ 1 I,. ~ 3 ~E~ P ~A~ 1 1 a ~ I r s 1 I (Lawn) 1 C 1 2 : ' le7 1 !, ~. em N L~ e ~ B ... E n 3 MAR 2 6 200~I City Of Meridi:u~ MAYOR Tammy de Weerd CITY' COUNCIL MEMBERS Shaun Wardle William L. M. Nary Charles M. Rouo[ree Keith Bird ,.. r ~~ !: ~~,,~~ ,,~~'' CITY OF ~ ~l IDAHO LEGAL DEPARTMENT (206) 466-9272 • PAX 466-4405 PARKS & RECREATION (208) 888-3579 • Pax 898-5501 PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 ~=/' ! i i9oj PLANNING & ZONING (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 Planning and Zoning Commission, please submit your comments and recommendations to Mertdian City Clerk's Office Attn: Will Berg, City Clerk, by: March 25, 2004 Transmittal Date: February 11, 2004 Hearing Date: April 1, 2004 File No.: CUP 04-005 Request: Conditional Use Permit for an accounting and dispatch office in a proposed O-T zone for NIDAYS Addition Bv~ Seal Co. Location of Property or Project: 230 West Pine Avenue David Zaremba, P/Z (No VAR, VAC, FP) David Moe, P/Z (No VAR, VAC, FP) Leslie Mathes, P/Z (No VAR, VAC, FP) Michael Rohm, P2 (No vqR, vac, FP) Keith Borup, P/Z (No VAR, VAC, FP) Tammy de Weerd, Mayor Bill Nary, C/C Charlie Rountree, C!C Keith Bird, C/C aun Wardle, C/C Water Department Sewer Department Sanitary Service (N Building Department Fire Department Police Department -City Attorney o VAR, VAC, FP) 2(?~~ Meridian School District (No FP) Meridian Post Office (FPrPP Doty) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP oMy) U.S. West (FPrPP ~~ty) Intermountain Gas (FP/PP only) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No FP) Ada County (Annexation Dory) Ada County Land Records (FP/PP only) Meridian Development Corporation Historical Preservation Commission Concise CItY ®F 1VI~I~,II)IAN ",~~A~'~~V~ATER DEPT. ~~~~IVE~ FEB 17 2004 ~C!i'ty df Meridian 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433`tY Clerk pffCe City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 8848723 Finance & Utility Billing Fax (208) 887-4813 RECE~~TEI) MAR - 8 2004 City of Meridian i, _ . , City Clerk Office r 26 February, 2004 ~ar~ 8c `~~~eytidsac~ ~rax~ L/u~uc~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-4b3-0092 William G. Berg Jr. City Clerk City of Meridian 'i.. ~ 3ve: -- Meridian, ID 83642 RE: CUP 04-005; NIDAYS Addition Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Dear Will: If ail storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. However, if any surface drainage leaves the site, the Nampa & Meridian Irrigation Dishiet requires a Land Use Change Application be filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further information. All laterals and waste ways must be protected. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. T'hanl: yau, Bill Henson Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg C: Water Superintendent , - Nelson & Assoc. Rider 4 File -Office/Shop , - ~ - - APPROXIMATE IRRIGABLE ACRES ' - RIVER FLOW RIGHTS - 23,OOD BOISE PROJECT RIGHTS - 40,000 RECE~~EP MAR - 62004 City of Meridian ~Ol City Clerk Office Y `~aai~ui I~t ~~~~ ~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampo 466-7861 Nelson & Associates SHOP: Nampa 466-0663 1185 Rolling Hills Drive Meridian, ID 83842 R€: -Larrd~tJse Change Application=tdlt3A~f`S To Whom It May Concern: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above-referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office, or John P. Anderson, at the District's shop. Sincerely, Donna N. Moore, Asst. Secretary/Treasurer NAMPA & MERIDIAN IRRIGATION DISTRICT DNM/smc cc: File Water Superintendent Will Berg, City Clerk, Meridian City Seal Company, 230 W. Pine Avenue, Meridian, ID 83642 Merlyn Schmeckpeper and Brandon Schmeckpeper, 157 E. Ada Ave. Meridian, ID 83642 enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS- 23,000 BOISE PROJECT RIGHTS ~ 40,000 CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Return to: HEALTH Environmental Health Division RECEIVES ^ Boise DEPARTMENT FEB 1 8 2004 ^ Eagle Rezone # ^ Garden City /t erL ion eridian Conditional Use # l ~~O t{ -~~ City ClerkOffiee Preliminary /Final /Short Plat ^ Kuna ^ ACZ ^ Star ^ 1. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ B. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Run-off is not to create a mosquito breeding problem. ^ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed tc meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^ 14. Please see attached stormwater management recomme/ndatations Date: 2/ lZ / O ~- ~15. ic~o oSTer~.o~/ ~~ad~cQ2e~ s-~~~cA=eve rrr/ Reviewed By: l~-~i~~ta~~~ Ce~r1o-~ylc,tS _ ___ Review Sheet wHO voo i~ 14 15 Attachment Reference: Section 1, Item 1 - Letter to City of Meridian 03/22/04 OLD TOWN SECTION OF FUTURE LAND USE MAP • , Attachment Reference: Section 2, Item 71 - Letter to CRy of Meridian 03!22!04 MUTUAL RELEASE AND SETTLEMENT AGREEMENT THIS MUTUAL RELEASE AND SETTLEMENT AGREEMENT (the "Settlement") is made and entered into effective as of the 2 day of May 2003, by and among DARKEN ROKOVITZ, individually ("Darrin"), ROCKY ROKOVITZ, individually ("Rocky"), CHARLENE ROKOVITZ, individually ("Charlene"), BRANDON SCHMECKPEPER, individually and as trustee of the Declaration of Trust recorded in Ada County as Instrument No. 99027490 ("Brandon"), and MERLYN SCHMECKPEPER, individually and as trustee of the Declaration of Trust recorded in Ada County as Instrument No. 99027490 ("Merlyn"). Darren, Rocky, and Charlene are collectively referred to herein as the "Rokovitzs." Brandon and Merlyn are together referred to herein as the "Schmeckpepers." RECITALS A. Brandon and Merlyn are the owners of that certain parcel of real property located in Ada County, Idaho, which is generally depicted on the map attached hereto and incorporated herein as Exhibit A (the "Schmeckpeper Property"). The Schmeckpeper Property is owned by Brandon and Merlyn and held in trust pursuant to that certain Declaration of Trust recorded in Ada County as Instrument No. 99027490 (the "Trust"). Brandon and Merlyn are the trustees of the Trust. B. Charlene is the owner of that certain parcel of real property located in Ada County, Idaho, which is generally depicted on the map attached hereto and incorporated herein as Exhibit B (the "Rokovitz Property"). The Rokovitz Property lies adjacent to the Schmeckpeper Property. C. Darren is the son of Charlene and Rocky. Darren is the current tenant of the Rokovitz Property. D. A dispute has arisen between the Rokovitzs and the Schmeckpepers as to both (i) the boundary between the Schmeckpeper Property and the Rokovitz Property, and (ii) the future use of the Schmeckpeper Property. The Rokovitzs and the Schmeckpepers desire by this Settlement to settle and resolve all issues related to the foregoing dispute. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Conveyance by Schmeckpepers. The Schmeckpepers, individually and as trustees of the Trust, agree to execute and deliver the Quitclaim Deed attached hereto and incorporated herein as Exhibit C immediately upon execution of this Settlement, thereby conveying legal title to Charlene of five (5) Peet of the Schmeckpeper Property that lies adjacent to the Rokovitz Property. 2. Agreement by Schmeckpepers to Build Fence. The Schmeckpepers, individually and as trustees of the Trust, at their sole cost and expense, agree to erect and maintain a fence along the boundary between the Schmeckpeper Property and the Rokovitz Property as such boundary is determined upon the conveyance of the Quitclaim Deed pursuant to Section 1 above. The fence shall be approximately six feet tall and shall be constructed of wood. In constructing and maintaining the fence, the Schmeckpepers shall not remove or otherwise harm any trees or shrubs growing on the Rokovitz Property or on the boundary between the Rokovitz Property and the Schmeckpeper Property without the prior written consent of the Rokovitzs. The Schmeckpepers shall maintain the fence in good condition so long as the Schmeckpeper Property is owned by Brandon, Merlyn, the Trust, and/or any entity in which any of the foregoing have an ownership interest. 3. Agreement by Rokovitzs Not to Oppose Application for Conditional Use Permit. The Rokovitzs agree that from the date of this Settlement, they will not oppose the Schmeckpepers' application before any governmental entity for a conditional use permit or any change in the zoning and/or city or county ordinance(s) to allow the Schmeckpeper Property to be used as a child care, educational, or recreational facility (the "Use Application"). In connection with the foregoing, the Rokovitzs agree that they will not (i) attend, submit materials for, or otherwise participate in any public hearings or proceedings before any governmental entity related to the Use Application, and/or (ii) solicit the opposition of any individual or entity to the Use Application. 4. Mutual Release. 4.1 Schmeckpeper Release. In consideration of the covenants made by the Rokovitzs in this Settlement, the Schmeckpepers, individually and as trustees of the Trust, together with all of their heirs, successors, and assigns, hereby release, acquit, and forever discharge the Rokovitzs, together with all of their heirs, successors, and assigns (collectively, the "Rokovitz Releasees") from any and all actions, causes of action, claims, demands, damages, debts, liabilities, and liens, which the Schmeckpepers or the Trust ever had or now has against the Rokovitz Releasees, whether in law or in equity, direct or indirect, known or unknown, discovered or undiscovered, or whether based upon preexisting acts, events or claims which may result in future damages arising out of or related to (i) the boundary line between the Schmeckpeper Property and the Rokovitz Property, and (ii) the Rokovitz's opposition to the Use Application. 4.2 Rokovitz Release. In consideration of the covenants made by the Schmeckpepers in this Settlement, the Rokovitzs, together with all of their heirs, successors, and assigns, hereby release, acquit, and forever discharge the Schmeckpepers and the Trust, together with all of their heirs, successors, and assigns (collectively, the "Schmeckpeper Releasees") from any and all actions, causes of action, claims, demands, damages, debts, liabilities, and liens, which the Rokovitzs ever had or now has against the Schmeckpepers Releasees, whether in law or in equity, direct or indirect, known or unknown, discovered or undiscovered, or whether based upon preexisting acts, events or claims which may result in future damages arising out of or related to (i) the boundary line between the Schmeckpeper Property and the Rokovitz Property, and (ii) the Ro kovitz's opposition to the Use Application. MUTUAL RELEASE AND SETTLEMENT AGREEMENT - 2 - 5. Miscellaneous Provisions. 5.1 Governing Law and Jurisdiction. This Settlement shall be governed by and construed under the laws of the state of Idaho. 5.2 Entire Agreement. This Settlement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Settlement, nor any waiver of any rights under this Settlement, shall be effective unless in writing signed by the party to be charged. 5.3 Binding Effect. This Settlement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 5.9 Severability of Terms. If any of the provisions of this Settlement or the application thereof to any person, entity or circumstance shall to any extent be invalid or unenforceable, the remainder of this Settlement or the application of such provision to persons, entities or circumstances other than those to which it is involved or enforceable, shall not be affected thereby, and each provision of this Settlement shall be valid and enforceable to the .fullest extent permitted by law. 5.5 Legal Expenses. The prevailing party in any legal action brought by any party against another party to this Settlement and arising out of this Settlement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorney fees. 5.6 Headings. Headings in this Settlement are for convenience only and shall not be used to interpret or construe its provisions. 5.7 Counterparts. This Settlement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. 5.8 Facsimile Signature. Signature of this Settlement via facsimile shall be effective and binding upon the parties. MUTUAL RELEASE AND SETTLEMENT AGREEMENT - 3 IN WITNESS WHEREOF, the parties have executed this Settlement as of the date and year first above written. ROCKOVITZS: (Da rrin's signature included in original) Darren Rokovitz, individually (Rocky's signature included in original) Rocky Rokovitz, individually (Charlene's signature included in original) Charlene Rokovitz, individually SCHMECKPEPERS: Brandon Schmeckpeper, individually Merlyn Schmeckpeper, individually Brandon Schmeckpeper, trustee of the Declaration of Trust recorded in Ada County as Instrument No. 99027990 Merlyn SchmBckpeper, trustee of the Declaration of Trust recorded in Ada County as Instrument No.99027990 MUTUAL RELEASE AND SETTLEMENT AGREEMENT - 4 EXHIBITS: Exhibit A Exhibit B Exhibit C Schmeckpeper Property Rokovitz Property Quitclaim Deed 3079276 1.DOC MUTUAL RELEASE AND SETTLEMENT AGREEMENT - 5 EXHIBIT A & B { ri '~~~' r ~ s ' ~ r t~,C y". ~ Fvx m a 4 ?'~^ c ~' i.: y ~! k? ~~` Y is a ~;i ~ i ;:; O 4 ~ ~.~ - A ~ sk. ' ~ O ~y- . ° ~ ib- ~ 4 y? ` ~ m. ~ ~`w. .~' ~ ~ ` `1, , . ~.. , Y 'N {~} L "{~'f y . A ;; yy {~ ' ~ ~ry@' ' y ~ . ~ ~ .'. ~ y yg ~ 4L~ l ~! ~ k ~ ~. ~, o p ~ , ~ . ~ b, ~~ ~ ,< ~.{ ~ 2 ~" ~ d p z . y ~L~f ~......W....:p.u <~J t i h d i .~~ ~. t~ "~ "' .I x w ~~; ~ ~. ~~'CEI~ ~~I MAR 2 6 2ui~w~ REVISION DATED MARCH 23`x, 2004 City OflVleridiaa City ClPak Offic- Date: March 23'x, 2004 To: City of Meridian Planning and Zoning From: Merlyn and Brandon Schmeckpeper Re: Rezoning Application Sub: Due to varying site constraints we request approval for alternative compliance of landscape buffer requirements per the plat plan accompanying the application submitted by Merlyn and Brandon Schmeckpeper for a Rezone of .353 acres from R-4 to O-T zone9 for NIDAYS Addition located at 230 West Pine Avenue and as follows: 1, South property line (West Pine Ave.): Request approval of existing lawn and trees per submitted plat wherein the 17ft. Bin. ACRD Right-of--Way be included and allowed in the 20ft. buffer requirement. The Ordinance intent is met. (Sects: 7.5) 2, West prone line (West 3~ St.): Request approval of existing lawn and trees per submitted plat wherein the loft. area between the property line and the irrigation ditch be included and allowed for the l Oft. buffer requirement. The Ordinance intent is met. (Sects: 7.5) 3. North pronerty line: Request approval per the submitted plat wherein we have set out a 10 ft. landscaped buffer area with a 6 ft. cedar privacy fence. The Ordinance intent is met. (Sects: 7.5, 9.3) 4. East property line (Alley Way): Request approval per the submitted plat as the a0ey way will be paved per the ACRD requirements in conjunction with the current John T. Schroeder (recently re-zoned O.T.) 4-plea development. Thank you, Merlyn D. Schmeckpeper RECENT; REVISION DATED MARCH 23rd. 2404 MAR 2 6 200~r ~~>> ty of Mericli ~ u Date: March 23, 2004 ~'ity Clerk Oflic Re: City of Meridian Rezoning Application Items No. 5, 6 and 7. 5. "Statement describing the characteristics which make zoning amendment desirable." Overview: 1. Located on a collector Street (W. Pine Ave. 2. Located on a comer (W. Pine Ave. & W. 3 St.) allowing for two approved accesses to and from the site. 3. Location is close to the downtown business district. 4. Other business properties already exist in the immediate area (see attached map). a. Office space(s) (Chiropractic & numerous business offices). b. Beauty Salon. c. Multi-family dwellings (2, 3, two 4 and one 6 plexes). 5. Off street parking. 6. Meets set back requirements. 7. Difficult to rent residentially (location and street noise). 8. Structure (house) and garage are ideal for office tenant requirements. Property Location: The property (230 W. Pine Ave.) is located close to the downtown Meridian business district on a major collector street. There aze several other existing offices, business and multi-family dwellings (2~6 unit apartmems) in the immediate area. Property Description: The three bedroom house and extra lame detached double garage are located on the North East comer of W. Pine Ave. and W. 3 Street. The lot lays 120 ft. East and West on the North side of W. Pine Ave. and 128 ft. North and South on the East side of West 3'~ St. which dead ends at the Meridian Grade School. The Eastern boundary is shazed with "ACRD" alley way which also dead ends at the Meridian Grade School. There is one single family dwelling to the North between the subject property and the Meridian Grade School. Property Access• The site has two approved accesses for ingress and egress. One located on the South East comer via the (dead end) alley to W. Pine Ave. and the second is on the North West corner to W. 3'~ Street: Both are approved by "ACRD" for much more intense use than the ~ropased use. ar 'o All parking (11 spaces) is "Off-Street" at the rear portion of the property accommodating all of the employee needs with room for future expansion. The accompanying "CUP" request states that cliem or public access is not required. Facility: The +1500 sq. ft. building and the + 600 sq. ft. garage aze ideally suited for office and small business use and storage. The property fronts W. Pine Ave. making it " ~= much better suited for office use than for residential. Municipal water and sewer systems are in use. 6. 'Statement outlininE the necessity or desirability of develoament oertainine to the zoning amendment and its harmony with adiacent develoament " Existine Stock: There are several existing ofl'u:es, businesses and multi-family dwellings (2~6 unit apartments) already in the immediate vicinity (see attached map). These are good locations for such uses since W. Pine Ave. is now a major collector street with substantial traffic and associated noise. West Pine Ave. is no longer residential fiiendly. However, because it is a major collector street it is ideally suitable for office and small business use. Existing properties along W. Pine Ave. that can accommodate small offices and businesses should and are already being encouraged to do so. The net result in many cases is less traffic and less noise in an ideal business location. Residential Use: Residential use of the properties along W. Pine Ave. is not desirable at best. Many of the houses are among the older within our city. Consequently, many of these properties are forced to survive as rernals. As owners of the 230 W. Pine Ave. property we can tell you the difficulties in renting to the residential sector. Few families want to live on such a busy and noisy street and renting it has become a major problem. Therefore, the investment required to sustain and to maintain these properties as a visible asset to the community is no longer practical or achievable. Further property deterioration is inevitable. Office and small business use: a. By converting to office and small business use the above situation changes. And, by utilizing the existing structures as is often possible, the azea stil( retains its residential appearance and feeling. In fact, by converting to office and small business use the impact of traffic and traffic noise often will decrease. b. The survivability and functionality of small offices and small business are vital to our community's well being. This type of usage fills the gap between the large scale commercial /industrial developmerns and meets many business needs at an affordable price. 7 "Statement of how the mrooose zoning amendment relates to the Citv of Meridian Cttmurehensive Plan." Re-Zoning from the current "R-4" to O.T. complies completely with the recemly approved "City of Meridian Comprehensive Plan": - Chapter V, Goal II, Objective - A, # 11,12 - Chapter VII, Goal I, Objective - B, # 5 - Chapter VII, Goal IV, Objective - B, # 2 2 Y Current Commercial and Multi-Family Uses in Immediate Vicinity R4 salon I offices I mr~~ ~~ ~-rn ~nr~ 4 WEST PINE AVE. (COLLECTOR} West Pine Ave. boundary 1120'-0"1 (E>ti~ng CurbCUp oR `Rx.Pale t810eWalk) (LBWn) ® 20• Ruining well 40'-0") ACRD ROW To Center of Street (Lawn) "' Stops Xsi ~~~/y~p~yy~~~ °d q'°`A ~~~ f~ q i G (Lawn) ; 3 t ~. ~.. a W J J Q ' ~~ ~i \\X Fi i ~ =i ~ g~ e, 8~ t ~~ t (Lawn) r i s Patlo (Lawn) bn~i (AapheO DNve Way) -~-~----------f---------T------ -, R i ` I © I I '~ I 16 ft. Cedar Pri ac Fence ° \ H ~ ~p~ ~ ~~"~~~~ 10 R. L Gaped ~p~ 4 ~ ~i./~pn ~ B r ~ ~ Landscape: - "A": New Cepflal Pear Nortb boundary (120'0") • "a". New decid. shrub - "C". New evergreen tree • "E". Exlstin -Irrigation -Auto SpNnklers (ezisting & new), City Water ^ n ^ AlleyEND3 Parkktg: 11 Spaces C\/7 ~ s~eroa ~ W~ ' g°i McNynSOhmeRokpeper (Revised) PLAT /PARKING ~ ht sorz II !y. Bandon Schmackpeper ~o N t57E.AdaAve. / LANDSCAP~~C~+ - tS ~ ~ ~ Merldlan, Idaho 83642 e L 4 i~m m '~ 1~= ~a t~ t tE t~ t t ~ )~ ® ~~ ty I ~ ~ i , I --.. ~I I i C ~ O i ~ a N ( y ~ ~ R Y ~ C ' a I N i m i Z ' i i ~. Concrete Curb 0 8 N N M C ~ LLI ~~ S ~ gyi a QQ Q 230 W. PINE AVE., IAN, IDAHO 83642 City Of IVler.+di ar City Clerk Of~i~~e AFFIDAVIT RECEIVED Date: 3 as ~~ To: City of Meridian Re: C.U.P. Application MAR 2 3 2004 City Of Meridian City Clerk Office We the undersigned declare that the property was posted on ~S ~ ~lgtalO~~ and that the posting was placed in the front yard of 230 W Pine Avenue Meridian Idaho. Properties perpendicular to West Pine Ave and facing West 3 Street as required by the City of Meridian Ordinance #03-1007 seven (7) days before the public hearing. (See attached photo). Seal Co. P.O. Box 887 (Notary P blic of Idaho) Residing: _ ®~. e~, - Commission Expires: L -0 * Nor, °~ H = A ••~ ~ 9 4BLIC y 4 ~h~~ ~ 4~';w~p -D AH~ .a~ ~~ ~ ~.:, i i 4y ~~ ~ii ~: j ;?!;4 ' i ' . CITY 4F MERI©IAN PUBLIC HEARING SIGN-UP SWEET DATE April 1, 2004 ITEM # 1 Q PROJECT NUMBER CUP Q4-005 PROJECT NAME NtDAYS Addition NAME (PLEASE PRIN FOR AGAINST NEUTRAL ~x~l U ~ _ ~ f v T - ~ >~ u.(~- ~ i1 uM ~/" Type Descri lion Color License# Pickup Seal on window White 1A EV781 Picku Seal w/rack White KD1074 Pickup Seal on door White KE5082 GMC 4x4 w/Shell Brown 1A CA195 Bronco Blue 6B 16247 PT Cruiser Do paws on Gra Packldr Honda Civic Silver 1A BH297 Pickup Nissan mini Gra 1 B 6415 Oldsmobile maroon 1A ES883 Picku Midsize w/rack White CJ322 Lincoln continental White 2C P9484 T-Bird Blue 1A BN738 BMW White 1A CA195 10 11 12 13 ~., z~~~, BMW - Ms Rice vehicle to date has never stayed 1-16 the night at the residence. Seal p/u w/rack Seal p/u w/seal on door Silver car predominantly at night only. Gone in GMC - on street morning and parks at night. Some intermittant Gmy Nissan - on street visits but rarely notice during day. No lights in house at night T-Bird parked and not moved until after 1-17 bookkeeping P&Z meeting. Has not returned. No Vehicles No lights in house 1-8 Thursday Seal p/u - parked in back 1-18 GMC -left at night No vehicles Lights in house on all night, no activity No lights in house 1-9 1-19 Seal p/u - no movement Seal p/u w/window logo GMC -parked on street (was gone all night) No lights in house Lights in house all night -living room only, no activity or fluctuation) 1-20 Maroon Oldsmobile on street 1-10 Saturday GMC Seal p/u - no movement No lights in house No lights on in house 1-21 1-11 No vehicles Seal p/u - no movement No lights in house No lights on in house 1-22 1-12 GMC on street Seal w/rack dropping off supplies at garage Silver Honda Civic on street multiple times during day (multiple workers) Seal p/u w/window logo by garage Blue Bronco parked on street at drop off PT Cruiser parked at gamge helping unload 1-23 GMC in back 1-13 Silver honda in back Seal p/u no movement 2 seal p/u's GMC Light in house Seal p/u window logo PT Cruiser 1.24 Lights on in living mom No vehicles No lights in house 1-14 Seal p/u jumped started by second Seal p/u 1-25 (window logo) No vehicles -1 turned around at garage Seal p/u drove off around lam No lights in house Lights on in livingroom -front. All night, no change or movement or vehicles 1-26 Seal p/u w/rack on street 1-15 No lights in house Silver honda civic GMC 1.27 Gmy nissan p/u Seal p/u w/rack on street - no movement Seal p/u (window logo) Gray nssan p/u on street Patio light only on at night Seal p/u w/window logo in back PT Cruiser 1-28 GMC 1-29 Just one of many disturbances* 520am Loud Bangs - Seal p/u at garage - loading aluminum ladders and equipment Left at 548am Police called but arrived after p/u left (Officer Mike Divaney) 635am Seal p/u w/rack -noise again - ]coding lazge machine and equipment Left at 639am - tumed out outside garage light 658am Seal p/u w/window logo (lights shining through my bedroom window as come and go) 734am Gray nissan (lights shining through my bedroom window as come and go) 1-30 Midsize p/u w/rack 1-31 No vehicles -mail remained in front drop box (uncollected all weekend) 2-1 No vehicles -mail still in box 2-2 No vehicles -tire tracks in snow in back Light in house and back outside door 2-3 GMC Light in hcuse/back door 2-4 P/U PT Cruiser GMC Silver car at night only 2-5 No vehicles Silver carat night -gone during day 2~ Seal p/u w/window logo Silver car gone by Sam Both p/u's w/racks 2-7 Silver car at nigh[ -gone by morning 2-8 No vehicles Silver car at 9pm -gone by 1030pm (at 130am still gone) Back bedroom light on in house 2-9 No vehicles (llam) 2-10 Silver car parked - no movement P/u 2-11 Silver caz no movement P/u w/window logo P/u w/rack GMC on street 2-12 Silver car no movement GMC No vehicles all night (330am no vehicles) Bathroom light on all night 2-13 lam at gamge: woke up again P/U Both P/u w/racks l lam PT Cruiser, GMC on street P/u w/window logo in back Afternoon: Silver caz, GMC Silver left on street No lights in house during night 2-14 Silver on street no movement T-Bird (blue) in back mid morning 2-15 T-bird (silver) Silver car in back No movement all day or night Lights all through house -all night 2-16 t-bird p/u w/rack at garage silver on street 2-17 t-bird in back no movement silver gone 2-19 T-bird no movement Silver on street 2-20 t-bird no movement BMW Silver at night 1 light on in house 2-21 T-bird and silver no movement 2-23 T-bird no movement Lincoln car on street No lights at night and only T-bird present 2-24 BMW T-Bird 2-25 T-bird BMW P/u w/window logo PT Cniser Silver car on street at night -gone when got home late night. BMW present most weekdays, silver car mainly 3-8 P/U w/window seal P/U midsize w/rack on street Silver car 3-9 BMW P/CT Midsize w/rack no movement -parked on street Silver Honda lA GK960 -gone when got home T-bird 3-10 BMW P/U w/window seal on street T-Bird Silver 3-11 T-bird Silver car at night only 3-12 T-Bird Silver only at night 3-13 12:49p Redhead drove T-Bird off Dazk blue vehicle dropped redhead off and left No other vehicles 3-14 Nc Vehicles 3-15 Silver night only at night, t-bird hasn't moved and the other 3-16 vehicles continue to come and go on different BMW on street in morning days.... Dark Blue GMC, P/CT w/window seal\ 3-5 P/U w/window seal 3-17 P/U w/rack BMW Both at garage accessing at 830am and at 330pm P/U w/window seal both on street putting supplies back in garage. No vehicles at night T-Bird 3-18 3-6 P/U w/window seal at garage -accessing Silver car in back No Vehicles at night T-Bird 3-19 3-7 P/CT w/ window seal gone at 4p T-Bird only at night Silver at night only 3-20 No vehicles all day and night 3-21 BMW showed up afternoon for short bit and lefr Silver part of day come and go 3-22 Seal inrck at garage accessing Silver at night 3-23 BMW P/CT w/window seal both on street Silver on street only at night 3-24 Silver at Sam No vehicles that night 3-25 BMW on street 2 seal trucks, one on pine and one on 3`~ street KG9950 and lA EV781 3-26 No vehicles during day [ill after lpm Red Toyota Tacoma left after 630pm 1G 403 Silver car at night on street 3-27 Silver during day for short time No Vehicles at night 3-28 Siver during day off and on. BMW stopped for little bit then left 3-29 BMW PICT w/window logo Silver at night 3-30 P/U w/ window logo at garage Silver at night 3-31 P/U w/ window logo BMW PT Cruiser Tmck 4-1 BMW P/CT w/window logo PT Croiser