HomeMy WebLinkAboutFred Schuerman MIBEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 06/15/04
IN THE MATTER OF THE
REQUEST TO REMOVE 1.6 ACRES
FROM THE CITY OF MERIDIAN
AREA OF IMPACT FOR FRED M.
SCHUERMAN
BY: FRED M. SCHUERMAN,
APPLICANT
CASE NO. MI-04-002
FINDINGS OF FACT
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING REQUEST
The above entitled matter coming on regularly for public hearing before the City Council
on June 15, 2004, at 7:00 o'clock p.m. at the Meridian City Hall located at 33 East Idaho, and
Anna Powell Planning Director for the Planning and Zoning Department, Brad Watson City
Engineer, and Fred Schuerman, appeazed and testified, and the City Council having received a
report from Craig Hood of the Planning and Zoning Department and Bruce Freckleton of the
Public Works/Building Department, and the City Council having received testimony as part of
the record of this matter, and the applicant having submitted his application for a request to
remove 1.6 acres from the City of Meridian's azea of impact, and which application is herein
received and adjudged by the City Council pursuant to Meridian City Code § 8-2-5, and being
fully advised in the premises does hereby make the following Findings of Fact and Conclusions
of Law and Order of Decision, as follows:
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR FRED SCHUERMAN - MI-04-002
PAGE 1 OF 5
FINDINGS OF FACT
1. The property is 1.6 acres in size and is generally located on the north side of
Fairview Avenue, approximately 300-feet east of Venture Avenue, in Section 4, Township 3
North, Range 1 East, Meridian, Idaho.
2. The applicant/owner of the subject property is Fred M. Schuerman and he has
submitted an affidavit of legal interest to allow the application to be submitted on the subject
property.
3. The location of the subject property is presently located in Ada County and is
zoned RUT. The legal for the location of the proposed property is on file in the City Clerk's
office located at 33 E. Idaho Street, Meridian, Idaho 83642.
4. The applicant, Fred M. Schuennan has requested approval to remove the subject
parcel (1.6 acres) from the City of Meridian Area of Impact.
5. This miscellaneous application is only for approval to remove 1.6 acres from the
City of Meridian Area of Impact, as the applicant would like to provide sewer and water to the
existing businesses/structures. There are multiple commercial businesses on this site cun-ently.
The request to be removed from the City's Area of Impact is based on the availability of utilities,
and other services to the site from the City of Boise. The applicant provided an information report
for the miscellaneous application and which is on file with the City Clerk's office.
6. The City Council rewgnizes the concerns of Fred M. Schuerman.
The applicant owns 16 acres of C-2D zoned property (Boise City) adjacent to the
subject 1.6 acres and desires to develop all of the property under one jurisdication, and this site is
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR FRED SCHUERMAN - MI-04-002
PAGE 2 OF 5
not currently contiguous to the City of Meridian, and is not eligible for annexation into the City of
Meridian at this time.
8. The properties surrounding the subject project as follows:
North: Venture Subdivision, zoned RUT (Ada County)
South: Terrace Lawns Memorial Gardens, zoned RUT (Ada County)
East: Commercial Development, zoned C-2D (Boise City)
West: Vacant, zoned RUT (Ada County)
9. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and
services required by the proposed application for approval to remove the 1.6 acres from the City
of Meridian Area of Impact, it will impose expense uponthe City of Meridian.
10. The applicant shall be required to pay for the cost of removal of the 1.6 acres from
the City of Meridian Area of Impact.
CONCLUSIONS OF LAW
Approval of this request to remove the 1.6 acres from the City of Meridian Area
of Impact is based upon staff testimony and the informafion and testimony provided by the
applicant on the removal of the 1.6 acres from the City of Meridian Area of Impact; that the City
of Meridian would not be able to provide services for the property within the near future, and that
the applicant shall be required to bear the costs to remove the 1.6 acres into Boise City Area of
Impact, and the applicant shall be required to work with staff to come to an agreement on the
appropriate fees to be chazged the applicant for said removal of land.
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR FRED SCHUERMAN - MI-04-002
PAGE 3 OF 5
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code § 12-
3-5 and based upon the above and foregoing Findings of Fact which are herein adopted:
IT I5 HEREBY ORDERED AND THIS DOES ORDER
That the applicant is granted approval to remove the 1.6 acres located on the north
side of Fairview Avenue, approximately 300-feet east of Venture Avenue, in
Section 4, Township 3 North, Range 1 East by Fred M. Schuerman; and that the
applicant shall be required to pay the costs for said removal of land which will be
incurred through the process to remove the property, and that the applicant shall
be required to work with staff to come to an agreement on the appropriate fees to
be charged the applicant for said removal of land.
By acfion of the City Council at its regulaz meeting held on the ~~~ day of
~~ 2004.
ROLL CALL:
COUNCILMAN SHAUN WARDLE
COUNCILMAN WILLIAM L.M. NARY
COUNCILMAN CHARILE ROUNTREE
COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
VOTED
VOTED /~~~
VOTED_ G~~.
VOTED .__.
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR FRED SCHUERMAN - MI-04-002
PAGE 4 OF 5
Mayor Tayrfi~ de
Attest: `,`~~~~y OF ~AEf~.~~ ~.
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~~`~ - - $EAL =
William G. Berg, Jr., City ler .~ ~, _
d
Copy served upon Applicant, the Planrii~C'~8~6'~iin~,L~epartment, Public Works Department
and City Attorney. ~~"'"" ""`'' `
BY~ ~LA~IUL .~V~Q~U Dated: , - g~ 0~"
City Clerk's Office
Z:\Work\MN-feridiantiltcridian 15360Iv(\Schuerman Fred MI-04002\FfClsOrd MI-04002.doc
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR FRED SCHUERMAN - MI-04-002
PAGE 5 OF 5