Loading...
HomeMy WebLinkAboutLacy, Mel A CUP�� ,; ��° ;1 e 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 Planning and Zoning Commission 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 7:00 p.m. on September 14, 1999 for the purpose of reviewing and considering the application of Mel or Debi Lacy for a conditional use permit to add on an attached 2 car garage and 1 bay car port and remove or relocate existing small detached garage at 1414 North Meridian Road-3 blocks south of Cherry Lane on east side. 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. 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 23rd day Of August, 1999. PUBLISH, August 25 & September 8, 1999 WILLIAM G. BERG, A., 6TY CLERK SEE AL O rr 1 O E*1'Sl"/NYi) 2 I EX 15T /IJ& lu 0 3 -RAIL wRfrt fEn/CH lk Flo u/�R J1�r✓Gc/ fGou/E;✓; � �, �, sHQdB 6E.D I�p' EXlST/n/(� ;,4 AI ceA�R . l� uJ Fes_ CAT Fo,e rArSTJA ALL p°oL_ y.src�-s� AsN t CEKK,T//✓/o� If t5 WfGLO(� TR e6 � r MW !30 2/0 2 Fo eSY7NrA `corJC9F-T� �w NE ul • I— —� �— � I - Fcowc,@S 5 � wtNoow � Ex<5 T/A/G Ev�c6+e j A/0 v5E WrNosu.► 1 w � �•t. t+ER33 Fto.vL•R Berg Sr PrIC)POSE:D NEUJ &APAC.0 CAS r oT F Df� L-Acy lgIq Al• mERjoAAJ sT" tmewIO1.4n/ /Q 8 3!o Vz- 19 0 SkRo c / - i ORIdEW/� Y t C '7A LP/ f ii2EE Mayor ROBERT D. CORRIE HUB OF TREASURE VALLEY Y A Good Place to Live Council I— Member CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 TRANSMITTAL 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 & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 4, 1998 TRANSMITTAL DATE:_ July 20, 1998 HEARING DATE: Auuust 11, 1998 REQUEST: CONDITIONAL USE PERMIT FOR CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE BY: MEL A. LACY LOCATION OF PROPERTY OR PROJECT: 1414 N. MERIDIAN ROAD TAMMY DE WEERD, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z ADA COUNTY HIGHWAY DISTRICT _BYRON SMITH, P/Z ADA PLANNING ASSOCIATION _KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH _ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT _RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT _CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) _KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) _GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) _WATER DEPARTMENT BUREAU OF RECLAMATION (PRELIM & FINAL _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT YOUR CONCISE REMARKS: _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER _CITY FILES 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 Planning and Zoning Commission 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 7:00 p.m., on August 11, 1998, for the purpose of reviewing and considering the application of Mel A. Lacy, for a Conditional Use Permit for land located in the southwest corner of block 4 of F.A. Nourse's Third Addition, Boise Meridian, Ada County, Idaho, and which property is generally located at 1414 N. Meridian Road. The application requests a Conditional Use Permit for a conversion of garage to a bedroom and bathroom. A more particular legal 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. 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 21 st day of July, 1998. ILLIAM G. BERG, JR., I CL PUBLISH July 24 and August 7, 1998. . . �a . � � �. ..© . � � . a,mmg�. . � �m. . � .�� ) © . . - \�. / �� 1 � d�� �§���)� . � /�^ .�»\ �. . � � s : y � �� � � , w. 2\ a : . . : 6�3/ $./�&w:z.©, 21 . */ � .. . � « �4 » ��Z� � « x, « .� ! �� : g. � . Cx�_a*.y > ` � ` ' }� � / �� �� : ��\v,r336 y, t 07do c' N to;uACANr P k f 8•r G� �c Q CLEANMs o OL7c, . (Wo(JnwAto) ° MTSTL o ---- -' -- - - 297. 6 V-1 n ,, Gir�E�.bft�aD z Q .L Sc `\41.ly3 f k� r !_ - i �7 7,6f� 67�-� V '%w CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: 4— A _ 1. ,4 L PHONE: ' OSSId ADDRESS: --Lill IV, M ek 11)1,411 A0 GENERAL LOCATION: 2 oGlG 50mxr7.1 C.W t 4AI i 7' 7— 5106 DESCRIPTION OF PROPOSED CONDITIONAL USE: 7-l1,eAl' e-X / 5Tl fl/, 1 Z x 2. Y &1I ,0101- ./A17-Q eG-v,e001-4- w ITS ZONING CLASSIFICATION: I certify that the information contained herein is true and correct. Si gna ure of pplican_ Social Security Number K LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by the property generally described as located at OEM TO SUBDIVISION, BLOCK , LOT for u Ro .;ME 2 i✓ /,qA/ l 3Gc/2 2 .:err E- -rP4 5 e7-e A77-Ac,*E76 t2V5 1 ,�>e?,j ,4e, q-;C- 5/—&e. e� 7.. MISY 1i %AvTv �z *eD To 6xr4-MO Tv MH � r-0r� D 6#7z _ /rs &tr-aZ* w� d�►� . �� 7--/3 ORDER NO. 97 9e-q- MM\LM �'` EXHIBIT "A" 1 PARCEL I BEGINNING at the Southwest corner of Block 4 of F.A. NOURSE"S THIRD ADDITION TO MERIDIAN, as shown on the Official Flat thereof, filed in Book 7 of Plats'at Page 200; records of Ada county, Idaho; thence North along the West boundary of said Block 4 a distance of 70 feet to the REAL PLACE OF REGINNING; thence North a distance of 60 feet to a point on the West boundary of said Block 4; thence East parallel with the North boundarryy of said Block 4 a distance' of 150 feet to a po3.nt; thence South Parallel with the West boundary of said Block 4 a distance of 60 feet to a point; thence West parallel with the South boundary of said Block 4, to the REAL PLACE OF BEGINNING. PARCEL II BEGINNING at the Southwest Corner of Block 4 of F.A. NOURSE'S ADDITION TO MERIDIAN, as shown on the Official plat thereof, filed in BOOK 7 of Plats at Page 200, records of Ada county, Idaho, thence; North 70 feet, thence East 150 feet to the REAL POINT OF BEGINNING; thence Fart 73.5 Feet; thence North 60 feet; thence West 73.5 feet; thence South 60 feet to the REAL POINT OF BEGINNING. N%Fl" INS,. A ti �l 406 i Td oA14 L 14 146SOG114TZ-50 Gvr T� l L MtL A, . �-AC-L� W I q M - Xto0cA i^ond R/). Megl,od4 / , ro S-36y2 :24$ ,- 51W - 05-4/0 TD W H0►-.- !T A&A u CdAkeC --N j m Ai FL. A. l-A c,�) Do A &CEZ- Tn Ro s T-- c 0o r� �' APP(-IOq`76A/ OF c0�,a 1770AJAG USE Qi5-R.M r 1 0Af t o r=7EK PIOR 7-0 HL-- ME6i-r/ Al6, 1 w i TH !t ,4 -go io jE--777 PAO t o0 ,3 OF M`{ PROP Ty / A5 L�Qv 7-�'� s i 1 11 �po y PQ , 1_yi RRY A' 1 1 " I I 1— i [A AVE L 1�11 5!b. 3 •", r �';[pp f 1,,, 1 I J/ i i ZY [J / C/ Z — i CARILTon/ OQVIC ems• I L�T-. -� !Ah 1�.T L .. 611. !40- ° E • �; 4 G 1 V 3 *ft./ Co co a 'J 0 -0 Ln r-rn Er ru l O M r!] ru N r. J ru m CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, pIdaho � 83642 888-4 33 Customer's Order No. Date 1 �O Name LA -.,a r Me I Lo c Address 14H N . mer Idt-ol i pl-Of Mevl ci; 0.". 10. Phone: �� flS4C SOLD BY CASH C.O.D. Gh% DESCRIPTION C L.3 CHARGE ON ACCT. MOSE. RETD. PAID OUT 330' 1 I 53 , ma• li ngs _an- l _Lo 1 = 55. li I I I I I I I I I I I 0 � I I i I ^ I I All claims and returned goods MUST be accompanied by this bill. TAX 0009042 Byceived TOTAL 330 I I GS-202-2 ggINTEO WITH PRINTED IN U.S A. V V MEL LACY -1414 N. MERIDIAN RD. PROPERTY OWNERS WITHIN 300' CRITSER RICK D & DARCI D PO BOX 159 HORSESHOE BEND ID 83629 1519EO1STST WHITMORE ROY E & EFFIE 1522 MERIDIAN MERIDIAN ID 83642 HALL D LEO AND ASHBAUGH PHILLIP 1505 E Ol ST MERIDIAN ID 83642 MAYES WM DEAN ET UX PO BOX 300 MERIDIAN ID 83680-0300 1508 N MERIDIAN RD ANDERSON STEVEN C & MARICA AND HOALST WES 1434 MERIDIAN ST MERIDIAN ID 83642 EVANS GEORGIA HOYLE RICK PO BOX 9226 BOISE ID 83707-3226 1423 E O1 ST ST EOISTST CORP WESLEY E & SHEILA L 8358 DONNYBROOK DR BOISE ID 83709-0644 1412EO1STST OWEN MARY H 1428 MERIDIAN ST MERIDIAN ID 83642 ANS GEORGIA Hn,E RICK WINCO BA HOYLE REAL ESTATE 210 W MALL-ARD DR STE C BOISE ID 83706 E O 1ST ST ERHART MILT E & MARY C 4776 RIVERINE PL BOISE ID 83703-1955 1406 E O1ST ST MAHNKEN JODY L 1422 N MERIDIAN RD MERIDIAN ID 83642-2251 H RICHARD W POBO 6 BOISE ID 83 1409 E Ol ST ST KELSO BONNIE M 2745 W MCMILLAN RD MERIDIAN ID 83642-5156 E O 1ST ST 1403 E O 1ST ST MCGOLDRICK BETTY J 1402 MERIDIAN MERIDIAN ID 83642 E T MIL E 4776 RI PL BOISE ID 837 1404EO1STST A E S INC PO BOX 567 MERIDIAN ID 83680-0567 1335 E O1ST ST N MERIDIAN RD INTEGRITY LLC 1323 3 O 1ST ST MERIDIAN ID 83642 BROOKS ELMORE 995 S LINDER RD MERIDIAN ID 83642-6109 1332 N MERIDIAN RD JEROME KENNETH M & DARLENE K 1324 MERIDIAN ST MERIDIAN ID 83642 TIBBS DOUGLAS & MARLA PO BOX 1122 MERIDIAN ID 83642 1311 EOISTST DOLL LISA D 1308 N MERIDIAN RD MERIDIAN ID 83642-2249 MERIDIAN GOSPEL TABERNACLE ROBERTS EVERT ET AL/TRUSTEES PO BOX 432 MERIDIAN ID 83680-0432 1507 N MERIDIAN RD 'RIDIAN GOSPEL TABERNACLE ATRLT.,$TEESMP PO BOX MERIDIAN ID 80 1432 W O1 ST ST MEJ�IDIAN GOSPEL TABERNACLE PO BOX432 MN;RIDI 83680-0432 1431 N MERID RD 1424 W O1ST ST 1421 S MERIDIAN RD 1405 N MERIDIAN RD FISHER JEAN /IIEINNIILLER/ 906 E 05TH ST MERIDIAN ID 83642-2357 E O 1ST ST MAYES WM DEAN JR PO BOX 593 MERIDIAN ID 83680-0593 1419 N MERIDIAN RD ASHCRAFT ERMA 1404 W O1 ST MERIDIAN ID 83642 SMART BLAINE E & STEWART KARRIE L 1332 W O1 ST MERIDIAN ID 83642 BINGHAM MICHAEL LORIN & M ELIZABETH 1329 MERIDIAN MERIDIAN ID 83642 TERRILL ARNOLD R AND JOY LINDA S 1324 W O1ST ST MERIDIAN ID 83642 PETERS EUGENE L & JAMIE L 1323 MERIDIAN RD MERIDIAN ID 83642 HOWARD FERN I 1315 MERIDIAN MERIDIAN ID 83642 TRAVIS ROYAL & BETTY J TRUST TRAVIS R & BETTY J LIFE ESTATE TRAVIS R & BETTY J CO -TRUSTEES 1305 N MERIDIAN RD MERIDIAN ID 83642-2266 Mil LOLcy - 141y N- Merl dia.A ram. cn r 1 For Accountable Mail O � a 2 j(.n 4 CA) N O W < { i �j O V cn lr /� W _� m CL of Sr m ID ID C> ,D 3 N 3 W y� O�p� 3�� by— 7 o� ACMtwJ Oct) �H NFCrny00,�<���0�/�lTl `pNoO N OOH W p L Q t~� H�H((DD c,�LTJZL-i�R°3�C7�x H x t1i R1•i �� ~'� �n� 3 3C3 O �o (3DZ > >3 z A�Q O (n 3 (D O -1 ao N 3' N (D SZ p rt �2 3 �. F • J 1 s2o tTJ PO 3 �cLn (n(nn(D r�x� z x ��• t� O a O j I (p �� ro� rt C a Po C() �� 3 H� x o H M C A o m rt Fl.x.T1 %U y� n� .T1�✓y �� ty�H(!� m �� O O H (D HOB (D 3(D H _rn m(D N H Q �, 0 rt O b H rt O b c trJ LTJ 0 � a 2 F. cl �3� inl,•LTJO CrJ o m LZ 3 lD cn (D 3 Q S2 co 3 N (D � O 3 O x IU 3 H ~ v z xCO o OJ IZ p i N- H H O tTJ h. C HCD v cps O ~ CZ v CZ 4) d SZ a 00 m ! m H W ~ W �'• a m a 6 �. 0) AJ W [rJ N W DODOS W q] W a C rr, OD ODH O H 1p A a a Ol L) Qa H p N00 a a (Di 'A (A.)CD m N N 00 Cr) ° o OD w 00 � W W y m^ o O3 . p al O m v m p s�-o° (ICD) y m 3 waO. Lnn,m �aa OJ cD mni3 °m m a (D N � 3 .0 C' RD m O CD D a o Q m oCDjm °moo UJ ca C— L m C cp cC _. Q��,��� w� lnO D c c v m cl m`D � CD =D - Q73 J om 0 , 0 0 y -0 O w fty ��3 0 a,3 ID .a (D N Al g e T � (p N C mw-N Oj 0 Q (D w�''3o_Qd m n x CD 7C' N J 3 OC-C �C O 3 N 3C O W (D CD Q - c w m O OID O J w O 03wn m^^ J C C-ND 0 WD C O (D q mmm-i-0o Ohm v m w w O- P � ' �- 'c 3�••.z �tnmmyw m 0— y a" 3 `Di°3� Q mw N O N o w m C �x w`Q ' N-_ n (D(D CD JJ 3�oo3ma m mom o. °'. o n 3 3 CD Q o CD �Q J _ C D m O mjm 4 o, 3 Om [n m,omm3 CD m!\�_3 0 C CD o �.m=o m3 O S. CD Z Z-CID W 7 W 7 o C 3 JJ N -0 3 m a3F�?J 3 C (C a S . N `G w NN(D D C A OMWA Ir n.= cn For Accountable Mail �z W N D 3 OD co gCD co Q °t Q CD A fCD CD- ux,7cl Q W 3 CU 0 o cn � W N I\ j W �� Oro H Z:, C f�l C Z F, A lO x N F�j .Op C17 �+00 O lTJ W OCD 3H (D 3 j� Z 5�G 1rj Z Ij W ) C� C N Z' f n _l ID (D r���� 5°cb oc� r�z ,�N;v �`o (D (D 01 Co o3 H �Hzd �� z 4ya, h rt (n 3--� cn� >. �>3y rt ~•� N. rt f� > nWbrrxNZ �m CD Z0C1 o NQ�b W lTJrty rt> ��� (D pb N�" ,n D ry (D $siD3 y(D Zrt'Z(D CnN•t�,-� 000CD �7 CD CD (D rT7 M Qy � H� �� N� �0 FJ.H�[Tj j `C j I- H 3 L. ` t7 tL W a n m SL to SZ H h7 H tT1 $ 3 W ~' CZ > (D p 0 ] trJ a H S; v CZ W H W N- () 3 0, PI 3 0 m H W W Q W A� co C''(D rij Q iZ W dl W (� W N C�7 W R' Cl C W p W 01 p SZ W Al c W N N N N H N F. A QQQ❑S !L nc�- a N D0 �w. f . H EF (D N � W fZ CD m( a a am c N H aCD OD 0 0 N 0Q 03 O CD �(70 U�idO G1 ID Ow 30Qc. a3�0,�oom o 0 a Q D 0 w o S m -O m' •0 �M�j m0.Q0 . S j 0 c n y d mj Qc Z 0.0 CD �c CI ID^jm J O 0 D8N o� � Q, 03 -3 ^ CZD �C'-q O(Q a m c 01 u o m oaf' n-, 25 b , N o C c 0 0 3 3 3 -0 c ti -. ID .6. '.0n0Z � 0o300 COR�cn 0 W� n ( (D N 7, N X d 3.3LID �O CO (D Q p, IDN -.3 y L O EQ -,, O (/! _ 3 33o3oQ c O o.° CD D' 3 R o4gc33! 3 4- 00 C F 0 m 0 m cOm m3 .O W nN C X Q"0,IDo� mj -0:33 CD CD M. �. QN 2O c (D c 3 o Qg� 0 m Z ci7tt4c ,ifs i z W A — (D N ED O CD CDCD n 0 N mao a)m a ate. CD CD (D � � �❑t� n w ,a � m O O m a T� o N as 0 m (D N d N G l ( Q 0 O 0 N � CD � mm a, a _ p -0 w O D - ID y n�= 0c) 3 TAX O' a J (D rb Q O S�3 -2 CD� Q CD (D o :'=, ZICO D Cn O O C CD �O a a c � co ipn CD m m CD CD 1�� �` .•........+"sue TKr �3 `./ t''`" _� 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 Planning and Zoning Commission 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 7:00 p.m., on August 11, 1998, for the purpose of reviewing and considering the application of Mel A. Lacy, for a Conditional Use Permit for land located in the southwest corner of block 4 of F.A. Nourse's Third Addition, Boise Meridian, Ada County, Idaho, and which property is generally located at 1414 N. Meridian Road. The application requests a Conditional Use Permit for a conversion of garage to a bedroom and bathroom. A more particular legal 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. 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 21s' day of July, 1998. +�N�0'0 r l-�t�1-. , C.), A�.- ILLIAMG. BERG, JR., I CLEjK S��L PUBLISH July 24 and August 7, 1998. ��'-•�O r is, • •�` �--- __ �.. .� F -- ._ , 6 — r -'l 2 312 s2 Ci,—, A�04 17 e tl IsI ' MAPLE AVE BHDat . Z , _ MA PLE �-) T�,��"'t'�. , zs'.._. I.. 6 _ - o- V7 b- C,-,°4ELLIA AVE L ' �" �:• %, s_Z,.,� :�� _�- -z _ 5{ I 2 t 3 2 C HE Pf-,,- PVT. � ' s X 7 G S 4 3 Z s-si�9S,uiyGTom Sr - s wgSN/KGTON ST,f OO 17 11 1 RID V}IL ISO e 9 e 9 e y i C A R A-7-oAl gVIC.If lb I i I C. J3 L�1i��1� ice_ L , AVE. CA b' TO T r -1Tj r l 7 — J ' I 2e ' 8 B I I �o :j I pl z I D «l.Ll rr l rT 4 s 1 4 3 1y,,� t,10 1 u I I I I I I I I 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 Planning and Zoning Commission 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 7:00 p.m., on August 11, 1998, for the purpose of reviewing and considering the application of Mel A. Lacy, for a Conditional Use Permit for land located in the southwest corner of block 4 of F.A. Nourse's Third Addition, Boise Meridian, Ada County, Idaho, and which property is generally located at 1414 N. Meridian Road. The application requests a Conditional Use Permit for a conversion of garage to a bedroom and bathroom. A more particular legal 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. 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 21st day of July, 1998. ��'OF '"'►�_r,,,�r� c ILLIAM G. BERG, JR.,2 I CLEFK SEA ` y PUBLISH July 24 and August 7 1998. '9© T 15� •'�� 9 9 ` WI �b • �� 6 �:• � °l 2 3 4 �1 2 — - 3 4c SN• xo PS Pa e 3 S MAPLE AVE 8 0 S 4 v7 6 4 3 Z ! C`OIELLIA AVE Sf 2 j RRY 4 5! b �� i CAg q'L TON t•i]1�i1� L �� I I I ml �-TF+ 1 N ti , I i � j7M D L� �T L 1 F- T t 01I Ii ,1AI ' -• _ � v BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION ) OF MEL A LACY, APPLICATION FOR ) ORDER OF APPROVAL CONDITIONAL USE FOR CONVERSION OF ) OF CONDITIONAL USE PERMIT GARAGE TO BEDROOM & BATHROOM, ) 1414 N. MERIDIAN ROAD, MERIDIAN, IDAHO ) This matter coming before the City Council without public hearing under the provisions of § 11-2-418 E Municipal Code of the City of Meridian for final action on conditional use permit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: A Conditional Use Permit is herein granted to Mel A. Lacy to turn an existing 14' x 24' building into a bedroom with bath and closet area, update the plumbing, kitchen cabinets and replace the carpet in the residential structure upon the real property described in Exhibit "A" attached hereto and located at 1414 N. Meridian Road, Meridian, Idaho. This permit is subject to the following terms and conditions: 1) Sanitary sewer and water to this facility shall be constructed per the Uniform Plumbing Code. This site currently is assessed with one water hookup and one sewer hookup. An additional sewer and water assessment will need to be charged for the additional dwelling unit. Applicant will be required to enter into an Assessment Agreement with the City of Meridian. 2) Park impact fees, ACHD impact fees, and a deposit to ACHD road trust should also be paid prior to issuance of a building permit. Apparently, ORDER OF APPROVAL OF i CONDITIONAL USE PERMIT / MEL A. LACY V construction was initiated on the building without obtaining permits of any kind. 3) The Meridian Fire Department needs to review this application and any building plans for conformance with the Uniform Fire Code. As the garage does not meet the setback requirements, fire wall construction may be necessary. 4) This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. An approval of transfer will be required for any new owner/tenants. 5) The building shall meet all building, plumbing, mechanical and electrical codes. Permits shall be issued and inspections completed. 6) All codes will need to be met pursuant to the Meridian Fire Chief, Kenny Bowers. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of § 11-2-418 J of the Municipal Code of the City of Meridian, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on October 20, 1998. By: T ZD. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the Public Works De4rtmt. By. Dated: 1d 2�� rk ORDER OF APPROVAL OF 2 CONDITIONAL USE PERMIT / MEL A. LACY Meridian City Council Meeting October 20, 1998 Page 12 Musser: Mr. Mayor and Councilman Bentley, I don't have any problems with this. The Chief has previously signed it off and marked it for approval and he didn't have any other negative comments to pass on to Council this evening. Bentley: Thank you. Corrie: Any further discussion, questions? Bentley: Mr. Mayor I move we approve the beer and wine license for Jackson's Food Store. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird that we approve the application of the beer and wine license by Jackson's Food Store #35. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 14: REQUEST FOR CONDITIONAL USE PERMIT FOR CONVERSION OF GARAGE TO BEDROOM AND BATHROOM BY MEL A. LACY — 1414 N. MERIDIAN ROAD. Corrie: Council have any questions on the conclusions of law on this application for conditional use permit? Gigray: Mr. Mayor and members of the Council I just would report that the attorney's office have received no communications from this applicant with regards to any problems with this conditional use permit. Corrie: Any further comments, discussion? Rountree: I have none. Bird: I have none. Corrie: I'll entertain a motion on the Findings of Fact and Conclusions of Law in front of us. Rountree: Mr. Mayor I move that we approve the Findings of Fact and Conclusions of Law as prepared for us by Planning and Zoning. Bird: Second. Meridian City Council Meeting October 20, 1998 Page 13 Corrie: Motion made by Mr. Rountree and second by Mr. Bird to approve the Findings of Fact and Conclusions of Law before us from the Meridian Planning and Zoning Commission. Any further discussion? ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, yea. MOTION CARRIED: All aye. Bentley: I move the City Council of the City of Meridian approve the conditional use permit set forth with these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law and any other conditions required by the Meridian City Council. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird on the decision and recommendation that has been read. Any further discussion? All those of the decision and recommendation say aye. MOTION CARRIED: All ayes. ITEM NO. 15: REQUEST FOR CONDITIONAL USE PERMIT FOR AN OFFICE, UPSTAIRS APARTMENT AND POSSIBLY RETAIL USE BY JOSEPH A. JOHNSON — 46 E. PINE. Gigray: Mr. Mayor, members of the Council, I would report that the city attorney's has received no communications from the applicant or anyone on behalf of the applicant raising any objections to the conditions or concerns. Corrie: Any discussion, questions? I'll entertain a motion on the Findings of Fact and Conclusions of Law. Rountree: Mr. Mayor I move that we approve the Findings of Fact and Conclusions of Law as prepared for Planning and Zoning. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the Findings of Fact and Conclusions of Law as prepared by the Meridian Planning and Zoning Commission. Any further discussion? v MERIDIAN CITY COUNCIL MEETING: OCTOBER 20, 1998 APPLICANT: MEL A LACY ITEM NUMBER: 14 REQUEST: CONDITIONAL USE PERMIT FOR CONVERSION OF GARAGE TO BEDROOM & BATHROOM AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 10/13/98 SEE ATTACHED FINDINGS FROM P&Z CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ,. -_ _. t BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION IN THE MATTER OF THE APPLICATION OF MEL A. LACY, 1414 N. MERIDIAN ROAD,) FINDINGS OF FACT AND THE APPLICATION FOR CONDITIONAL USE CONCLUSIONS OF LAW AND PERMIT FOR THE CONVERSION OF ) RECOMMENDATION TO CITY GARAGE TO BEDROOM & BATHROOM, ) COUNCIL S. W. CORNER OF BLOCK 4 OF F.A. ) NOURSE'S THIRD ADDITION TO MERIDIAN, ) MERIDIAN, IDAHO ) The above entitled conditional use permit application having come on for public hearing on August 11, 1998 and August 31, 1998, at the hour of 7:00 o'clock p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearings scheduled for August 11, 1998 and August 31, 1998, before the Planning and Zoning Commission, the first publication appearing and written notice having been mailed to property owners or purchasers of record within 300 feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearing having been posted upon the property under consideration more than one FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE U week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the Planning and Zoning Commission at the August 11, 1998 and August 31, 1998 public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and §11-2-416E and 418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. The property is located within the City of Meridian; that the general location of the property is at 1414 N. Meridian Road, Meridian, Idaho, and described in the application which description is incorporated herein. 4. The applicant is the record owner of the property and has filed a written request for a conditional use permit. 5. The Meridian Planning and Zoning Commission 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, Ord. No. 629-Jan. 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE 6. The subject property is currently zoned (C-C), Community Business District. The zoning of the Community Business District (C-C) is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408B(9). 7. The proposed application requests a conditional use permit for the subject property to be used for the conversion of the garage into a bedroom and bathroom for the property. The C-C zoning designation within the City of Meridian Zoning and Development Ordinance requires that a conditional use permit be obtained for most uses including the request by the applicant. (Meridian City Zoning and Development Ord., Section 11-2-409 & 11-2-406(E)(1). 8. The applicant testified at the public hearings that the particular characteristics of the subject property make the proposed conditional use desirable. 9. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 10. The Assistant to the City Engineer, Bruce Freckleton, and the Meridian Planning and Zoning Administrator, Shari Stiles, have submitted comments, by and through a Memorandum dated August 7, 1998, and by and through testimony of Shari Stiles during the public hearings on this matter. Such report and comments are hereby incorporated herein. 11. The Central District Health Department, Meridian Building Department, the Meridian City Police Department, the Nampa & Meridian Irrigation District, the Meridian Fire Department, and the Meridian Sewer Department submitted comments which are FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE V also hereby incorporated herein. 12. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. 13. The proposed use within the subject application will be harmonious with and in accordance with the Comprehensive Plan in this Ordinance. 14. The use proposed within the subject application will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or attended character of the general vicinity and that such use will change the essential character of the same area. 15. The use proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The use proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The use proposed within the subject application will not create excessive additional requirements at public costs, for public facilities and services, and will not be detrimental to the economic welfare of the community. 18. The use proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. To occupy and use real property which is designated and zoned as Community Business (C-C) District within the City of Meridian for the conversion of applicant's garage into a bedroom and bathroom use requires approval by the Commission as provided for under the City of Meridian Zoning and Development Ordinance, 11-2-409. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE 5. The Commission has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding but the following standards are met (Section 11-2-418, City of Meridian Zoning and Development Ord.): a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, 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; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE 6. Prior to granting a conditional use permit in a Community Business (C-C) District, one (1) public hearing shall be conducted with notice be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for conditional use permit all in accordance with the provisions of Section 11-2-418(e) City of Meridian Zoning and Development Ordinance. 7. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Section 2-418(f), City of Meridian Zoning and Development Ordinance.) 8. When the Commission approves a conditional use permit it may impose conditions of that approval that reasonably: a. Minimize adverse impact on other development; b. Control the sequence and timing of development; C. Control the duration of development; d. Assure that the development is maintained property; e. Designate the exact location and nature of the development; f. Require the provision for on -site public facilities or services; and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE g. Require more restrictive standards than those generally required, in this Ordinance. 9. Having made the afore stated Findings of Fact and Conclusions of Law, the City of Meridian Planning and Zoning Commission hereby approves the proposed application for a conditional use permit for the uses set forth hereinabove with the following conditions: a. All requested conditions set forth within the memorandum of Bruce Freckleton, the Assistant to the Meridian City Engineer, and Shari Stiles, the Meridian Planning and Zoning Administrator, dated August 7, 1998 be complied with. b. All comments and conditions set forth by the Meridian City Sewer Department, Meridian Building Department, City Police, Fire District, Central District Health Department, and Nampa & Meridian Irrigation District must be complied with. 10. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 11. It is hereby recommended by the Meridian Planning and Zoning Commission that should the applicant meet the afore stated conditions that the requested conditional use permit for the use set forth hereinabove be approved by the Meridian City Council to the applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE v v APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions and Law. ROLL CALL COMMISSIONER BORUP VOTED COMMISSIONER SMITH VOTED COMMISSIONER DEWEERD VOTED COMMISSIONER NELSON VOTED CHAIRMAN MALCOLM MACCOY (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for the use set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law, and any other conditions required by the Meridian City Council. MOTION: APPROVED: DISAPPROVED: 101298-Final FINDINGS OF FACT AND C NCLUSIONS OF LAW - Page 9 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE V APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this zQ-LA day of 1998 ROLL CALL COUNCILMAN BIRD COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN ANDERSON MAYOR CORRIE (TIE BREAKER) VOTED DISAPPROVED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - /27e l A zae C706ldi ?2 lrn ae �Zf 4e /94e/--1"j �- 7GI- Co n I/e /� CfGC�uo/y� cl( 15etAh �j v MERIDIAN PLANNINr5 AND ZONING COMMISSION MEL�NG OCTOBER 13, 1998 PAGE 8 want to go through the process. Until we get that written withdrawal, I guess we just need to proceed with re -notification and re -publication. Smith: So we need to table this to a date certain? MacCoy: Yes. Rossman: Yeah, I guess you can table it to another month and hopefully within that period of time it can be determined whether or not she will pursue it. Smith: Okay, I would like to make a motion that we table this to our November 1oth Planning and Zoning meeting. De Weerd: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM NO. 4: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A CONDITIONAL USE PERMIT FOR CONVERSION OF A GARAGE TO BEDROOM & BATHROOM BY MEL A. LACY — 1414 N. MERIDIAN ROAD: MacCoy: Commissioners? De Weerd: I have a couple of questions on it, that would be in regard to transferability of the CUP to future owners and how we can enforce that. Stiles: Chairman, commissioners, it would be very difficult to monitor that. Land transactions take place everyday. We are not receiving warranty deeds that are recorded from the recorders office, it would be very hard to enforce. De Weerd: Is there something that they can put into the conditions that they would have to notify the city upon sale of the property. In essence, aren't we creating two dwellings on this one property? Stiles: Yes, two dwelling units. You could probably handle it through a deed restriction that would show up on a title report if they decided to transfer the property that upon the transfer of ownership they had to turn it back into a garage or to turn it into a commercial use that is in the zone that it's in. Without some kind of deed restriction, it would be nearly impossible to enforce. De Weerd: Did you have any changes to your staff comments? They have been incorporated into the findings, so I guess now that they are listed like that in the findings, we probably should ask you each findings if there is any changes to your comments. MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 9 Stiles: I guess if you are concerned about the transferability and our ability to enforce that, should add in the findings that a deed restriction will need to be placed on the property indicating the conditions of this conditional use permit. I know that's not very good wording, but... Rossman: I'm not sure that's a proper condition to make in granting a conditional use permit that a deed restriction be placed on there in Meridian City Code has a provision that requires notice in a public hearing before the City Council for any transfer of a conditional use, irregardless of any enforceability problems. The problem is still going to be there. I don't know how you are going to by condition in your Findings of Fact and Conclusions of Law require them to do anything more than the ordinance already provides. Unless somebody has a better idea. I don't think a deed restriction is the appropriate way to go. Borup: I think looking at it from a practical manner, if the family relationship is not there anymore, it does sell, the neighbors are going to be aware of that and I think you will be notified by the neighbors and that's probably the best enforcement we have. Would anybody agree with that? I think that's normally been pretty good notification Shari? Stiles: As long as it's the neighbor that had the objection in the first place. Borup: That's probably —maybe other neighbors too. If something happens that is going to be the first line. I guess I feel in light of what counsel said, I feel comfortable that would be brought to light if there was such a change. MacCoy: Commissioner De Weerd, do you have anything else along that line? De Weerd: No, I don't. MacCoy: Okay, what is the action? Nelson: Mr. Chairman, I would like to make a motion that the Meridian Planning and Zoning Commission hereby adopt and approve these Findings of Fact and Conclusions of Law to approve this request. MacCoy: Do I hear a second? Borup: Second. ROLL CALL: Borup — aye, Smith — abstain, De Weerd — nay, Nelson — yea. MacCoy: We have two ayes, one nay, and one abstention. It will pass, decision, recommendation? MERIDIAN PLANNINt5 AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 10 Nelson: The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for the use set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law and any other condition that is required by the Meridian City Council. MacCoy: All in favor? Borup: Second. MacCoy: All in favor? MOTION CARRIED: Two ayes, one nay, one abstain. ITEM NO. 5: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST TO AMEND CITY ORDINANCE, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE DEVELOPMENT AGREEMENT FOR TROUTNER BUSINESS PARK BY TROUTNER BUSINESS PARK DEVELOPMENT CORP. — S. WEST FIFTH AVENUE, SOUTH OF FRANKLIN AND WEST OF MERIDIAN ROAD: MacCoy: Commissioners? Borup: Mr. Chairman I move that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. De Weerd: Second. MacCoy: This is a —alright then, you got one there? Okay, I'll use yours. (Inaudible) Okay, are you ready to go for roll call? ROLL CALL: Borup — yea, Smith — abstain, De Weerd — yea, Nelson — yea. MacCoy: Three yeas, one abstention, the vote carries, decision? Borup: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they adopt and approve the proposed amendment to the August 20th 1996 Findings of Fact and Conclusions of Law, the April 29th 1997 Troutner Business Park Development Agreement and the Meridian City Ordinance number 739 is set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law and any other conditions required by the Meridian City Council. MacCoy: All in favor? BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION IN THE MATTER OF THE APPLICATION ) OF MEL A. LACY, 1414 N. MERIDIAN ROAD,) FINDINGS OF FACT AND THE APPLICATION FOR CONDITIONAL USE ) CONCLUSIONS OF LAW AND PERMIT FOR THE CONVERSION OF ) RECOMMENDATION TO CITY GARAGE TO BEDROOM & BATHROOM, ) COUNCIL S. W. CORNER OF BLOCK 4 OF F.A. ) NOURSE'S THIRD ADDITION TO MERIDIAN, ) MERIDIAN, IDAHO ) The above entitled conditional use permit application having come on for public hearing on August 11, 1998 and August 31, 1998, at the hour of 7:00 o'clock p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearings scheduled for August 11, 1998 and August 31, 1998, before the Planning and Zoning Commission, the first publication appearing and written notice having been mailed to property owners or purchasers of record within 300 feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearing having been posted upon the property under consideration more than one FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the Planning and Zoning Commission at the August 11, 1998 and August 31, 1998 public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and §11-2-416E and 418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. The property is located within the City of Meridian; that the general location of the property is at 1414 N. Meridian Road, Meridian, Idaho, and described in the application which description is incorporated herein. 4. The applicant is the record owner of the property and has filed a written request for a conditional use permit. 5. The Meridian Planning and Zoning Commission 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, Ord. No. 629-Jan. 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE 6. The subject property is currently zoned (C-C), Community Business District. The zoning of the Community Business District (C-C) is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408B(9). 7. The proposed application requests a conditional use permit for the subject property to be used for the conversion of the garage into a bedroom and bathroom for the property. The C-C zoning designation within the City of Meridian Zoning and Development Ordinance requires that a conditional use permit be obtained for most uses including the request by the applicant. (Meridian City Zoning and Development Ord., Section 11-2-409 & 11-2-406(E)(1). 8. The applicant testified at the public hearings that the particular characteristics of the subject property make the proposed conditional use desirable. 9. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 10. The Assistant to the City Engineer, Bruce Freckleton, and the Meridian Planning and Zoning Administrator, Shari Stiles, have submitted comments, by and through a Memorandum dated August 7, 1998, and by and through testimony of Shari Stiles during the public hearings on this matter. Such report and comments are hereby incorporated herein. 11. The Central District Health Department, Meridian Building Department, the Meridian City Police Department, the Nampa & Meridian Irrigation District, the Meridian Fire Department, and the Meridian Sewer Department submitted comments which are FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE S also hereby incorporated herein. 12. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. 13. The proposed use within the subject application will be harmonious with and in accordance with the Comprehensive Plan in this Ordinance. 14. The use proposed within the subject application will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or attended character of the general vicinity and that such use will change the essential character of the same area. 15. The use proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The use proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The use proposed within the subject application will not create excessive additional requirements at public costs, for public facilities and services, and will not be detrimental to the economic welfare of the community. 18. The use proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. To occupy and use real property which is designated and zoned as Community Business (C-C) District within the City of Meridian for the conversion of applicant's garage into a bedroom and bathroom use requires approval by the Commission as provided for under the City of Meridian Zoning and Development Ordinance, 11-2-409. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE V v •� 5. The Commission has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding but the following standards are met (Section 11-2-418, City of Meridian Zoning and Development Ord.): a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, 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; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE 6. Prior to granting a conditional use permit in a Community Business (C-C) District, one (1) public hearing shall be conducted with notice be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for conditional use permit all in accordance with the provisions of Section 11-2-418(e) City of Meridian Zoning and Development Ordinance. 7. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Section 2-418(f), City of Meridian Zoning and Development Ordinance.) 8. When the Commission approves a conditional use permit it may impose conditions of that approval that reasonably: a. Minimize adverse impact on other development; b. Control the sequence and timing of development; C. Control the duration of development; d. Assure that the development is maintained property; e. Designate the exact location and nature of the development; f. Require the provision for on -site public facilities or services; and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE V g. Require more restrictive standards than those generally required, in this Ordinance. 9. Having made the afore stated Findings of Fact and Conclusions of Law, the City of Meridian Planning and Zoning Commission hereby approves the proposed application for a conditional use permit for the uses set forth hereinabove with the following conditions: a. All requested conditions set forth within the memorandum of Bruce Freckleton, the Assistant to the Meridian City Engineer, and Shari Stiles, the Meridian Planning and Zoning Administrator, dated August 7, 1998 be complied with. b. All comments and conditions set forth by the Meridian City Sewer Department, Meridian Building Department, City Police, Fire District, Central District Health Department, and Nampa & Meridian Irrigation District must be complied with. 10. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 11. It is hereby recommended by the Meridian Planning and Zoning Commission that should the applicant meet the afore stated conditions that the requested conditional use permit for the use set forth hereinabove be approved by the Meridian City Council to the applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 CONDITIONAL USE PERMIT - MEL A. LACy CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE V V 'I APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions and Law. ROLL CALL COMMISSIONER BORUP VOTED COMMISSIONER SMITH VOTED COMMISSIONER DEWEERD VOTED COMMISSIONER NELSON VOTED CHAIRMAN MALCOLM MACCOY (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for the use set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law, and any other conditions required by the Meridian City Council. MOTION: APPROVED: DISAPPROVED: 101298-Final (-�/y X.r'4--,— FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this ��� day of rc-Ah2l 1998 ROLL CALL COUNCILMAN BIRD COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN ANDERSON MAYOR CORRIE (TIE BREAKER) (INITIAL) ��II MR VOTED VOTED IAOot VOTED VOTED VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - /9'7491 A ZaC t MERIDIAN PLANNING AND ZONING MEETING: September 8 1998 APPLICANT: MEL A. LACY ITEM NUMBER: 5 REQUEST: CONDITIONAL USE PERMIT FOR CONVERSION OF GARAGE TO BEDROOM & BATHROOM 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: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED MINUTES 08/31/98 SEE ATTACHED MEMO OTHER: All Materials presented at public meetings shall become property of the City of Meridian. If -tD +O(CL U)eAt-,,, CYL acpj J Q Q MERIDIAN PLANNII %ND ZONING COMMISSION MEETING SEPTEMBER 8, 1998-" PAGE 5 Findings of Fact and Conclusions of Law and all the ordinances of the City of Meridian. Borup: Second. MacCoy: Thank you, all in favor? MOTION CARRIED: All ayes. MacCoy: We're going to run through a couple of these. ITEM NO. 4: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR GROUP DAYCARE BY TINA CARRICO — 2052 N. LARK PLACE: MacCoy: Commissioners? Nelson: Mr. Chairman, I would like to make a motion that we table this item until our October 13th meeting. De Weerd: Second. MacCoy: Any discussion? Seeing none. All in favor? MOTION CARRIED: All ayes. ITEM NO. 5: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR CONVERSION OF GARAGE TO BEDROOM & BATHROOM BY MEL A. LACY — 1414 N. MERIDIAN ROAD: Nelson: Mr. Chairman, I would like to make a motion to table this item until our October 13th meeting. De Weerd: Second. MacCoy: Any discussions? None, okay. All in favor? MOTION CARRIED: All ayes. ITEM NO. 6: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST TO AMEND CITY ORDINANCE, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE DEVELOPMENT AGREEMENT FOR TROUTNER BUSINESS PARK BY TROUTNER BUSINESS PARK DEVELOPMENT CORP. — S. WEST FIFTH AVENUE, SOUTH OF FRANKLIN AND WEST OF MERIDIAN ROAD: MERIDIAN PLANNING & ZONING COMMISSION MEETING: OCTOBER 13, 1998 APPLICANT: MEL A. LACY AGENDA ITEM NUMBER: 4 REQUEST: CONDITIONAL USE PERMIT FOR CONVERSION OF GARAGE TO BEDROOM & BATHROOM - 1414 N. MERIDIAN ROAD AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 9/8/98 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEE ATTACHED FINDINGS [ME All Materials presented at public meetings shall become property of the City of Meridian. �� . -ky I®L �3 MERIDIAN PLANNINC TJ ZONING COMMISSION SPECIAL NIEE 4-G AUGUST 31, 1998 _ PAGE 30 Carrico: Did I? MacCoy: Did you, yes? Carrico: No, I didn't plant anything this year. MacCoy: I just thought I'd clear the air for that one. Is there any other person here that has questions or statements they want to make? If not, I'll close the public hearing, commissioners? Nelson: Before I make a motion for the benefit of the audience. This is zoned R- 8, 1 believe that allows up to 24 children daycare, so we are only asking for half of what R-8 allows and it's the opinion of this commissioner that daycares in the home are a good alternative to the commercial. Not everyone can afford to take their children to commercial. Just for the benefit of them, I make a motion to request Fact and Findings for this item. De Weerd: Second. MacCoy: Any discussion? Borup: One additional comment, without the fire department doing their inspection, we are not sure how many children are going to be approved. It could be way less. Nelson: It could be less. We can only assume twelve. MacCoy: It's controlled by some other agency other than ours. De Weerd: The fire department has returned a sheet with their comments, so. MacCoy: Any other discussion? De Weerd: I have none. MacCoy: If not, all commissioners in favor? Borup: Did we get a second? MacCoy: All in favor. MOTION CARRIED: All ayes. ITEM NO. 7: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR CONVERSION OF GARAGE TO BEDROOM & BATHROOM BY MEL A. LACY — 1414 N. MERIDIAN ROAD: MERIDIAN PLANNIN( vD ZONING COMMISSION SPECIAL N1E vG AUGUST 31, 1993 V PAGE 31 MacCoy: Is Mr. Lacy here? MEL A. LACY, 1414 N. MERIDIAN ROAD, MERIDIAN, ID. WAS SWORN IN BY THE ASSISTANT CITY ATTORNEY. Lacy: My request is to convert the garage to small a 14 X 24 detached building to the structure, to a bedroom and a bathroom, because I recently got married and became the Brady Bunch and would like to have another bedroom and because of zealously on my part and ignorance and I didn't realize this was zoned strictly commercial when I bought this property. So I didn't realize that I couldn't do any adding on to the house and I did call the city and they said I couldn't add on, but I could remodel anything existing, well, on my part, I thought that meant the garage, but it doesn't. So I got zealous and on the 4tn of July and bought a used pool because it's above ground, but it has one end, where you can dig down and make it a six foot depth and I had a little hoe rented, I dug in sewer line for this bedroom and bath idea that I came with on that weekend. With intent of getting a permit, didn't realize I needed to go through conditional use permit. I've gone through the memorandum that was sent to me. I can willingly conform with all codes, inspections, whatever is required of me. As far as the concerns from the neighbors as far as the parking. I do have a trailer and a boat, the boat is gone, it's at storage, and the trailer will be in storage. The reason it's been around is because I've been moving and I've been trying to move my future wife at that time in and out, getting stuff shifted around and anticipation of the marriage. The trailer will not be left there, it will be moved. The vehicle situation when it finally, when the dust finally settles. There will be a car for myself, a car for my wife and a car for my daughter. So there should be three vehicles there at that time. Timeframe on that, it kind of goes with money and how you can get things taken care of. As far as the swimming pool, I know there is a concern with my other neighbor, that I built it over her sewer line in my yard. I went and spoke with Gary Smith at the city engineering department and showed him the right-of-way easement that I was mailed and his clarification on that is, she has no right-of-way to her utility in my property and it applies to the property that is due east of her to connect to the sewer line. My understanding after his conversation was, if her sewer line was in my yard, that I could either have her move it, or she would have to buy an easement from me. I was willing to leave that dog lie, but I'm going to push forward and have her move it. That's where it stands. MacCoy: Any questions for our applicant? Borup: So the sewer line, there is a sewer line in your property that is servicing her at your neighbors house? Lacy: I'm just going by what she has said. I don't have any record of it being there, Gary didn't have any record of it being there, he has records showing the i MERIDIAN PLANNIN ND ZONING COMMISSION SPECIAL ME NG AUGUST 31, 1993 PAGE 33 Lacy: No, there is a little footing there. Borup: But probably not down two feet. Lacy: (Inaudible) I didn't know what, how far they would go on another, on a remodel, I didn't know, I couldn't. Borup: I guess that would be up to the building department. I don't think I'm (Inaudible) at this time. MacCoy: Commissioner De Weerd. De Weerd: I guess my only question is on parking, loosing your garage if you have adequate space for your vehicles. Lacy: It's a long narrow driveway, but yes there would be. Even if I didn't have it as a bedroom, I wouldn't use it to park in, I would use it as storage. De Weerd: I have no further questions. Nelson: I have no questions. MacCoy: Okay, is there anyone here that, since this is an open public hearing, yes please step forward. JODI MAHNKEN, 1422 N. MERIDIAN RD, MERIDIAN, ID. WAS SWORN IN BY ASSISTANT CITY ATTORNEY. Mahnken: I'm a neighbor right next door, I had some concerns because as he mentioned, the sewer line is there. It was my understanding after I spoke to an attorney that the sewer line, and I believe you have a copy, I sent you a certified copy, is the City of Meridian easement, it's a right-of-way easement with the City of Meridian from 1955. 1 guess I have a problem because he is digging over, I'm supposed to have access to the sewer line, because he's digging over and into it, I don't want to be financially responsible for the line because he's messing with it. If it was just sitting there and it broke, that's fine. If you start messing with it, why should I have to carry the financial responsibility. His pool is not in compliance, he never got a permit, I did call the city, I did write the city. I also met with the —I don't remember the superintendent of the sewers down there, I have his letter, but I didn't bring it tonight. He said he would bring it to the lawyer, and it does seem to be a City of Meridian easement, right-of-way easement. They would probably write to Mr. Lacy and state that he is responsible for the care and replacement of the line, if he breaks it. I have pictures of, the garage. That's the only thing, I don't want to bear the financial responsibility as a single parent with a teaching income to replace the city line that somebody is messing with. This is Q l MERIDIAN PLANNING 113 ZONING COMMISSION SPECIAL MENG AUGUST 31, 1998 Ifto, PAGE 32 plot planner, showing a utility connection for all four properties along there. As far as I know, from what Mr. Yerrington and Jodi said, they all wide into my property and then went to the sewer, to the main sewer line. A couple years ago, Mr. Yerrington put his own in to the main sewer line. Apparently hers is still on line. Borup: So you understand there is a sewer line there? You say at this point, you are going to require it to be moved? Lacy: Yes sir. Borup: Because why? Just because it's there? Lacy: I could leave it, as long as the threat that problems arise, I've got to pay for any correction. If it causes problems in her home, I don't feel it's appropriate on my part. Borup: So you felt you would be liable if there is a problem. Lacy: She felt I would be liable. Borup: You must feel the same. Lacy: I feel that if she is going to take that stand, then she can have her own and then she can be liable for herself, not me. Borup: You say you did not have any questions. I think the staff comments. Lacy: No, I can comply with and conform to everything that is requested, I wouldn't have a problem with building codes, whatever was required by me. Borup: Okay, that was a question I had, you feel you could comply with. You're converting a garage to a residence, is that correct? Lacy: Yes, I would like to. Borup: You feel you can't comply with the building codes as far as the structure itself. Lacy: As long as they let me know what it is. If I can get clarification from what they require, yes. Borup: I don't know what you've got. My experience on garage's built in that time period, probably would not comply with just in building codes. Main one probably footing cross step. I don't know if that's something you've looked into. Do you having footing under there, or is it just a slab? MERIDIAN PLANNIN' ND ZONING COMMISSION SPECIAL ME NG AUGUST 31, 1998 PAGE 34 an old line, can it handle the stress. Mr. Lacy has tendency to do his own work. Will a plumber be involved, will there be an inspection? He used to keep his things in the back, boats, trailers, campers, fine. The pool now blocks the storage area in the back, so there is nothing that can pass the pool. Yes there is a major parking problem. This has sat in front of the house for two weeks during the summer. He moved it, it's back. He says he's going to get rid of it, I don't know. So my concerns are cost and parking. With that sitting there, as a pedestrian walkway, the children going to Meridian Elementary, the high school along Meridian Road. He has young drivers, his son will probably be driving soon. They come out of that parking area and can't see around that trailer, they can't see me around the trailer, because I walk very often. So, I hope that these vehicles are moved. Prior: Mr. Chairman, I have a question for clarification. I understand you correctly. It is actually the City of Meridian that actually has this easement. It's not an easement that you have, is that right? Mahnken: No, I thought it was, but it's not. It's the City of Meridian. So, they will have to bear the responsibility of that. MacCoy: Any other questions for that? Okay. Anybody else here that would like to make a statement. Borup: I have a couple questions for staff. One, is a permit needed for an above ground pool. It is? MacCoy: My neighbor had to get one, yeah. Borup: Okay, he's got it anyway. So then in a residential use, in a commercial zone can not be added on to? This is for my own information (Inaudible). Did understand what the applicant said. Stiles: They would have grandfather rights to leave it in the same configuration as it is. If they want to remodel, enlarge or expand that non -conforming use, they would have to either rezone or go through the conditional use process. Borup: Okay, so he could add on a bedroom to the house with a conditional use permit. Stiles: Yes. Borup: Another for Bruce, have you had a change to review this right-of-way easement? Without taking a plat and trying to —I'm not really sure where that easement really is. MERIDIAN PLANNIN( VD ZONING COMMISSION SPECIAL ME vG AUGUST 31, 1998 '� PAGE 35 Freckleton: Commissioner Borup, members of the commission, Gary Smith has had this easement, he's done some review on it, it was an easement that was granted in 1955 to the City of Meridian. It's for service lines, not main line. The way it's worded, it's very vague, the legal description portion of it, it's hard to interpret as to exactly the location of those lines. I know that Gary has done research into this and I wasn't aware that he had made the determination that it wasn't —that their wasn't easement here. I would need to talk to him about that. Find out where he's coming from. Borup: I was looking at these sixteen feet, if it's a sixteen foot strip and it's the east part, I'm not sure how it gets on a boundary that's running east and west. Freckleton: The configuration of north 3`d addition. If I remember right, there is a lot that —these lots have been split off. There is a lot that runs north and south across the back of three or four lots. The main sewer trunk line runs down the middle of the block, then there is a strip of land that runs between the lots. This easement, if I understand was for lines to cross that lot to those three or four individual lots. Borup: So that's the lots essentially in the middle of the block (END OF TAPE) Borup: ... information we had and how do more research than I probably wanted to. That conclude what you knew, Mr. Freckleton? Freckleton: Yes. The middle paragraph of legal description talks about strips of land eight feet wide extending from the sewer lateral line. That would be, it says from the lateral line —sewer line, westerly to the boundary of the adjoining property. It doesn't give you a north south dimension as to where along that lateral line those extend from. It just says that there is strips of land eight feet wide, extending 245 feet across that lot, to those three lots. There is a lot that is left to interpretation. Borup: So that's the sewer line we are talking about, there is no specific location. Freckleton: There is a lot left to interpretation with this legal. Borup: Mr. Chairman, did Mr. Lacy have some clarification on... Lacy: This is the drawing that Gary and I went over. Prior: Sir, you are going to need to speak into the microphone so we can hear you. V MERIDIAN PLANNINC vD ZONING COMMISSION SPECIAL ME VG AUGUST 31, 1993 -- PAGE 36 Lacy: If you notice on the lots that he's talking about, there is —I think the one strip was 60 feet wide, 240 feet long, I think. That's where the main sewer lateral runs. There are four lots that join in on to that. They have, I guess it would be the east end of that property, he drew in there four, eight foot wide parcels. So basically what it gave, what he explained to me is it gave the City of Meridian an easement to connect each four lots to the main sewer lateral through their own lot. It has nothing to do with up in the other 60 X 100 foot original lot. Borup: So at this point, that strip back there was added to the 150 foot lot, is that what you are saying? This plat shows another lot between the sewer line and... Lacy: The way he said the original property owner had five lots there and what he did was gave the City of Meridian an easement to allow that not to be landlocked to the sewer line off that east end of the property, each of those four 60 X 150 foot lots. Borup: Who owns that other 73 feet behind your lot? Lacy: I own that one, I own two pieces there. It was deeded, they actually sold both pieces as mine. Borup: Okay, that's what I was getting at, I said most of the lots on that street are the same situation. Lacy: Just mine, and then the next three are just 150 X 60 lots. Then that other strip is where the Knotty Pine Motel trailer court sits. So her easement is actually underneath that trailer house, to the east of her. From the way that Gary explained it to me. Borup: But you don't know. If this is accurate, it's not over, it's straight back from these persons property. Lacy: Correct. Borup: This probably needs to be given in to... submitted for. (Inaudible) Nelson: I have one more question for the applicant. Sorry. We've danced around so much, then it is still safe to say that your pool may be over her sewer. Does she have a legitimate concern? Lacy: Maybe, maybe not. What Gary said is look for the vent out of her house and then in the back of my property where the actual 150 foot property line would be from the original parcel in 13 feet, there is a clean out. Line up with that clean out to her vent coming through her roof and he said that's probably how the line MERIDIAN PLANNIN ND ZONING COMMISSION SPECIAL NIE NG AUGUST 31, 1993 - PAGE 37 ran. That's what he's noticed, and it's under her tree, it isn't under my pool. It's under a tree on her property. Nelson: Thank you. MacCoy: You have something. Mahnken: That wasn't how it was explained to me, because I know that the sewer line has to come out. Prior: Ma'am, I'm going to have to ask that you speak into the microphone and identify yourself. Mahnken: Well I went down to Meridian Sewer and that wasn't how it was explained to me. It was explained that it went right over the sewer line, which is —he's got the pool right over the sewer line, because it goes straight back to the (Inaudible). So that was not how it was explained to me. Nelson: Suffice it to say, it's ambiguous. MacCoy: Is there any other comments to be made from the people here this evening. Okay, thank you. I'm going to close the public hearing and give it back to the commissioners. De Weerd: Does staff have any comments? MacCoy: Staff, do you have any comments after all this? Stiles: Nothing in addition to our report. MacCoy: What's you direction. Nelson: I'm thinking. I would be inclined to move this on for Facts and Findings. I'm concerned that there is different information being sent out by the city to maybe two people that maybe effected. That may be because the information is so vague that it's subject to interpretation. But I don't know whether that has anything to do with this conditional use, the pole is not really part of this. Does anyone have any comment on that before I make a motion? Borup: Just I agree with that. The only other comment, I'd much rather see the applicant and neighbor try and work things between themselves. De Weerd: But again, we don't have, that's a whole different issue. So, if you would like to make a motion. Nelson: On the motion on the garage itself, I'd like to make a motion... V MERIDIAN PLANNING AID ZONING COMMISSION SPECIAL ME' vG AUGUST 31, 1998 PAGE 38 MacCoy: Can you wait a moment here, before we get into this, do you all have the letter written in you packet from Betty Rearington, she asked that we go through this... Prior: Did we close the public hearing chairman? MacCoy: Yes we did. We're at the discussion point right now. Prior: I know, you're going to discuss information in addition to what was —after closing the public hearing. MacCoy: This is in the packet. Prior: I understand that, I believe that is part of public record and the public hearing has been closed though. We're probably going to have to make a motion to reopen the public hearing and allow this letter to be read in it's entirety before we continue. MacCoy: Is that the way you want to do it? Prior: That's the way we're going to have to do it MacCoy: Okay, I wasn't aware we had to do it in the past, because we (Inaudible) letters before in the past and we haven't done this. It's in the packet and it's part of the material you would have to take care of. Prior: Not during my tenure. MacCoy: Well no, it hasn't been. Alright, I'm going to reopen the public hearing, I have a letter here addressed to our City Clerk, Mr. William Berg and it's from Betty Yerrington, who lives at 1402 Meridian Road, in Meridian. "This letter is in response to the notice of hearing at the Planning and Zoning Commission of the City of Meridian is holding in the Meridian City Hall on the evening of August 11, 1998 when it will be reviewing and considering the application of Mel A. Lacy for a conditional use permit." Next paragraph, "His property 1414 N. Meridian Road, borders the north of my property at 1402 Meridian Road. One of the requests is to take the existing unattached garage with sites on our property line, and remodel it into an apartment with a bathroom for his daughter. He recently purchased the property and appears to be a nice agreeable neighbor with a nice family. Our two driveways are side by side and we have worked out a system to parking on the extreme far side of our driveways to enable us to Jockey second and third cars in and out of our single drives. Between us, we have a number of vehicles, some need to be parked on the street, my concern is if this apartment is ever rented or transferred to another owner, it could present a problem. At this time, I can see no way of providing for more cars." Next paragraph. "I would like V MERIDIAN PLANNING 41D ZONING COMMISSION SPECIAL ME: 4G AUGUST 31, 1998 .� PAGE 39 to state that therefore asking that this apartment arrangement be non- transferable. I do not want to make enemies of my neighbors, just want to protect my property value. I have told them I will not contest this request to make a bedroom apartment for their daughter, but I am concerned about the future of how it will effect the value of my property. She closes by saying, as I will be out of town for the hearing, it was suggested that I put my concerns in writing. Thank you," signed Betty Yerrington. Any discussion from the public, since I've reopened the public agenda. If not... Borup: Mr. Chairman, just clarification for—Yerrington is on the south side? MacCoy: 1414 and she's on 1402. Same side of the street. Borup: Okay, that's all I had on that other than apologize I didn't have, my notes on this were from her last meeting and I did miss one question that I had for staff. MacCoy: Well we are back to open again, so you might as well ask the staff. Borup: Well, Shari is gone. MacCoy: Oh, great. Borup: I'm not sure if Bruce can answer this aspect, because more of Planning and Zoning, but it is on —by granting this, are we (Inaudible) two separate residences on a single lot? Which I guess what it's here for is conditional use, but it's —in my mind, it's more than adding on a bedroom to an existing house. In the future, property resold, you've got two separate individual living quarters. Is there any concern there? I'm sure the city has a lot already, I know that Boise does all over the place. It doesn't comply with anything current. Those types of things are grandfathered, but here we are creating. We're creating something that isn't grandfathered. Did you understand what I was asking? Stiles: The way that our ordinance reads, they would have to transfer the conditional use permit to a new owner, and that would require another public hearing and another conditional use permit application. The commission could put the limitation on it, if they decided it's part of the conditional use permit, it would be hard to enforce. Borup: Where it's a member of the family, I don't have a concern. That's why I ask if staff has a concern somewhere down the road creating a —well, it's not really a duplex situation, we are creating two residences on one property. How be it, the one fairly small. It would still be a separate rental unit. So I guess that's. You really didn't answer if you had a real concern or not, other than if it did come up and they applied for a conditional use, that's the time to look at it. V MERIDIAN PLANNINC JD ZONING COMMISSION SPECIAL NE JG AUGUST 31, 1998 -- PAGE 40 Stiles: It would be real hard to regulate, because we don't always get notification that new property ownership. They could sell the property, represent that it's approved and somebody else move in. Borup: We probably got some neighbors that just might let the city know. De Weerd: Does our city attorney have any comment? Prior: What would you like me to say? De Weerd: Well, in response to Commissioner Borup's question. Prior: He can build what he wants, if he wants to transfer the conditional use, he's going to have to go through the process, if I'm not mistaken. If he sells the house under the premise that that thing is transferable to another owner, then the new owner buys the property and finds out that it wasn't transferable, he's going to have a cause of action against Lacy for fraud and under the current laws for fraud, he get a dear price he'd pay for that. I'm sure he wouldn't want to take that type of responsibility in light of the fact that he has just brought a Brady Bunch into his family. Borup: I have no other comment or questions. MacCoy: You have no other? Back to commissioner Nelson that I interrupted, go ahead. Nelson: We need to close the public hearing now. MacCoy: Are you ready for that? Okay. There is no other questions from the audience. Borup: Mr. Yerrington is here, I assume he is just here to listen, I didn't know if he had anything he wanted to add. Prior: You need to come up, you know that. MacCoy: You of all people. MAX YERRINGTON, 1402 MERIDIAN ROAD, MERIDIAN, ID. WAS SWORN IN BY THE ASSISTANT CITY ATTORNEY. Borup: I just wanted to know if you had any additional comments, we got that letter from your wife, does that sum up? Yerrington: Yes, that's right. I don't own the property, my wife owns it. u 0 MERIDIAN PLANND ND ZONING COMMISSION SPECIAL M: ING AUGUST 31, 1998 1 -- PAGE 41 De Weerd: Thank you Max for not being too wordy. MacCoy: You've got him up here, he's going to talk to you. Borup: Is there anything else? Yerrington: No. Prior: Have a seat if you would like. MacCoy: I want to close the public hearing for final now. Okay, closed. Commissioner Nelson, back to you again. Nelson: I would like to make a motion that we have facts and findings drawn up for... Prior: Findings of Fact and Conclusions of Law. Nelson: Findings of Fact and Conclusions of Law by our city attorney. De Weerd: That was city attorney. MacCoy: Any discussion among the commissioners that's credible. Borup: I seconded. MacCoy: Any discussion, all in favor. MOTION CARRIED: All ayes. Borup: If I could digress, it's not on this case. You guys —on the daycare center, if Tina understood the process and what happens next, I don't know if that was explained to her (Inaudible). MacCoy: That's a good point. Borup: Or she could talk to staff, I guess, either way. MacCoy: I would say that might be a better situation, because they are going to be the ones to tell her what to do. Just ask her. Borup: She realizes that there is still the findings to be read and voted on next month. Prior: Would you like the city attorney to explain that to her. Q V Memo To: Chairman Malcom MacCoy Commissioner Borup Commissioner Smith Commissioner DeWeerd Commissioner Nelson City Clerk's Office From: William F. Gigray, III City Attorney for Meridian Date: September 3, 1998 Re: MERIDIAN CITY ATTORNEY OFFICE Terra Townhouse Subdivision CUP, Tina Carrico CUP, Mel A. Lacy CUP, and Troutner Business Park Miscellaneous Application To Amend City Ordinance, Findings of Fact and Conclusions of Law, and the Development Agreement Gentlemen: To advise you of the above items and the Commissions request to have Findings prepared, it is our intention to work on these four projects at the same time for the Commissions consideration for the October 131' meeting. Due to the fact Monday is a holiday and a shortened week, and along with other projects in process within the Legal, Department this estimated date is the most reasonable date we can provide you. We appreciate your patience in this matter. 0 Page 1 �'���i q� , �er�d� � �I`� I y; t 9 N 0endrary�,�`,1Ic?3 (q(q N N,Crdcaj\\ iil MI � N.0e,,r&ajN,_ ltfqa f'fl`f �Nertd /� MERIDIAN PLANNING AND ZONING MEETING: August 31 1998 APPLICANT: MEL A. LACY ITEM NUMBER: 7 REQUEST: CONDITIONAL USE PERMIT FOR CONVERSION OF GARAGE TO BEDROOM & BATHROOM AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: C ITY ATTORN EY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: NO NEW INFORMATION MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: U r �v ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. V MERIDIAN PLANNING & ZONING COMMISSION MEETING: AUGUST 11, 1998 APPLICANT: MEL A. LACY AGENDA ITEM NUMBER: 16 REQUEST: CONDITIONAL USE PERMIT FOR CONVERSION OF GARAGE TO BEDROOM AND BATHROOM AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: COMMENTS SEE ATTACHED LETTER SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS Ct\�l/� INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 1422 N. Meridian Rd. Meridian, ID 83642 July 27, 1998 Planning and Zoning Commission City of Meridian Meridian City Hall 33 East Idaho St. Meridian, Idaho 83642 Dear City of Meridian: RREcE`v7ED J U L 2 8 1998 OF MERIDIAN This letter is in response to the a Conditional Use Permit for land located at the southwest corner of block 4 F.A. Nourse's Third Addition, generally located at 1414 N. Meridian Road. Mr. Mel A. Lacy requests a Conditional Use Permit for a conversion of garage to a bedroom and bathroom. I am unable to attend the public hearing due to a previous family commitment. I wish to be heard. I have two concerns about this conversion. First, I believe, Mr. Lacey will be connecting to my sewer line. Can this sewer line handle the additional overload? Who will be responsible for repairs and possible replacement of that line, if that line is damaged in the process? That line is over forty years old. I have enclosed the Right of Easement that was signed with the City of Meridian and the property owner of 1422 N. Meridian Rd. I own that property and I have the Right of Way Easement. Is this development within the Rights Of Way Easement? Mr. Lacy has illegally located his pool within the Right of Way Easement boundaries over the sewer line! Presently I am working to get Mr. Lacey to follow the boundaries of the Right of Way Easement. The pool is not allowed to be in the present location. Mr. Lacy needs to stop building his pool and move his pool. Since Mr. Lacey chooses not to follow the law as stated in the Right of Way Easement I am hesitant to support this conversion. The second major concern I have about the conversion is the amount of vehicles at 1414 N. Meridian Rd. Mr. Lacy owns a pick up, and a Bronco. His daughter, who lives there, owns a Mustang. There is a woman living there part time and she own a Cherokee. Then there is the boat and the trailer. The trailer often sits on the street and the last time it was there for two weeks. Where will all these vehicles park? When the town sweeps the streets the area in front of my house is never cleaned The cleaning vehicle can't get near my property due to all his vehicles. Mr. Lacy can't move his vehicles to the back since his illegal pool is blocking the way. I hope I am heard, and my concerns will be addressed. Sincerely Jody Mahnken ---- ----------- - -- -„ J- 2-92 THU 13:29 BT&E 2 FAX NO, 2083775861 P,02/04 AICHT OF WAY EASE: Dmv: This indenture, made and entered into this �day of December , 1955, by And between F. E. Morford and Taeome " u—Bcatid and wife, Morford �, of Meridian Idaho ,'as grantor and the City of Meridian, Ada County, Idaho, a municipal oorpora- tion, as grantee, WITNESSED.- "' � . . W-CfEREAS, the said grantor is the owner in fee simple of a parcel of land lying and being within the oorporata limits Of said City of Meridian, Ada County, zdaho, particularly described as follows: J�7 A strip ol• 1•In,t In 1•,-Pt wide and 21;6 fact long ;•ald Berl 16 feet of the West One-half of't•he North �46 feet. of Mock 4, {Nurse ys Third Addition, Meridian, Ada ��utlt.y, lU'L'r1. R Also strips 01' land S feet wide extending .from the lateral sewer west-•rly '-o tltie uoundr,ry of adiotning property in thtj ;NOrtrr feet of Block 4, Noursers Third Addition, Ac:: iuiar�, ,di County, Idaho. The sewer pine on said land shall be laid not more than six i•eet: wusL of the east boundary of the above described property. AND WHEREAS, the grantee herein desires to construct a pipe line for conveying sewage upon and across the abnvn described lan: in connection with additional sewer lines and sewage treatment plant Authorized by bond election in said oity held Auguat 30, 1955. THEREFORE, in consideration of the sum of one dollar ($1.00) lawful money of the United States and other good Vd valuable oon- sideration in hand paid, the receipt for which is hereby acknow- lodged, the undersigned, F. h. Morford and Tacoma Morford, do_ hereby give and grant the City of Meridian, its cuoosesors, and assigns forever, the right to lay, maintain, operate, use, re- pair and remove a certain pipe line far oonvoying sewage through, over and across the above described.reAl property for the purpose aforesaid. N� --- -. _ Fhn_TYU, cUd3r r5r_:---------- Said pipe and pipe line shall be laid under the surface of the ground and the soil around the same shall be packed reasollAbly level with the surface of the ground. The grantee shall at all times have full and free aeeees to the right or way for said pipe line for any necessary purpose connected with the use, operation, repair and enjoyment or aald Pipe line, and shall have full and free access at all times through its agents, servants and employees, to and across the above described lands of the grantor for al.l pu,—poses oonnected with this easement, This easement and the considerationa paid thereunder are agreed by the undersigned grantor to be Jr. full settlement or a).l damages whioh in ANY way or manner may be sustained by reason oi' the installation, construction, repair, use and occupancy or tho said pipe line thru and across tho within described lands of the said grantors, except as herein spocifically stated, DATED This L day of T becu ber , 1955• MANTO �.�} t. V i J" y Uri 614 , ST': TE OF r r ) County of da �� ss. On this �- day °i December undersigned, a Notar 1955, before Y Public in and for me, the appearFd Y. eald State, Personally H. blorford and Tacoma blorfOr Person s who executed d husband and wife the foregoing inst ► tht, to rse that he rument and aelalowledgod (they) exeouted the sans i IN WITNESS WHEREbF T have her, set Ply o facial seal the day and a mY hand and efrixFcl written, year in this certificate first s bone Not y Pu c or Residence; Mori —'— ian -9'rnTE m. rr,,;ri:�, r�,. ;f;ti• r,r nl,n A� ISv. l7 r•'. l ,rk Gf..Sf.. tf,ie / i..dn5' n(.. 19-" Recn fluty �� tirYieiu ..ecor..rrr ...... .. .. BMj V (n -a a c cD c n o D(D o o �'- < p m ` (a cD cn 3 mo M — v° (D °' a O � N N>> cn n� �n mm v o o r (D (D O in (D Q C (D Z7 Q 0 O (D = CL v cOn v v o v (D can o a- cn m �- m v h (n c n c� � D �' c� a CD 00 a) n A: ca (D a O a v (n `< v a a- a) (o a �' v D Do s <j C o —omD O cr n co c (D Er 0 O z a < m =a 0 -a (D O c CD N M O a- = (D n- v a)v cn cn w — O o '� cn o a s c o o csv o D -_30 r* cmD0 o.n D"°'6 O (D 3 c a " o cn sv (D Og O " O a ,� � O > > (D (D (D O cn m D O (D R; (p v p- D cc Q c -0 a c v -a n -° O c Q a n U)i Q 0 -°O x v v a N -o a (n (D (D ,< o (� N D o I O - (n _ m ° v O c(°D D v co a=i n 3 (D C � C = o cD (D - 3 n m ='� °� Z o o w v o ° Q- o m -p c a -� �' �• (D = S m cn O cn 3 O (D O fD v p' -n < m -a a o M N (p (D (D '� N '� (D a h n o a zr C o w a ,-. (D p • (n cn S = O a a —�a (D (D O (D O z O n m O m=m D� Z O V HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council Members CITY OF MERIDIAN (208) 884-4264 PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-221 I RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTMENT (208) 884-5533 MEMORANDUM: August 7, 1998 To: Planning & Zoning Commission, Mayor & City Council From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator 2�7 �a� Re: Request for Conditional Use Permit to Convert Garage into Studio Apartment in a C-C Zone by Mel A. Lacy We have reviewed this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: This site is located in a C-C zone. The Applicant has grandfather rights for use of the existing residence. Due to the fact that the Applicant desires to convert the garage into a residence, the Applicant was asked to submit an application for a conditional use permit. City Ordinance Section 11-2-406 deals with non -conforming structures or uses. 1. Sanitary sewer and water to this facility shall be constructed per the Uniform Plumbing Code. This site currently is assessed with one water hookup and one sewer hookup. An additional sewer and water assessment will need to be charged for the additional dwelling unit. Applicant will be required to enter into an Assessment Agreement with the City of Meridian. 2. Park impact fees, ACHD impact fees, and a deposit to ACHD road trust should also be paid prior to issuance of a building permit. Apparently, construction was initiated on the building without obtaining permits of any kind. 3. The Meridian Fire Department needs to review this application and any building plans for conformance with the Uniform Fire Code. As the garage does not meet setback requirements, fire wall construction may be necessary. 4. This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. An approval of transfer will be required for any new owners/tenants. 7� A aM a4f i. Z t A -,t.o Alk % i -j fl —fit ;Ott 0 Ar HUB HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live DEPARTMENT Council Members CITY OF MERIDIAN (208) 8844264 PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO ' BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83 � ' �%� (208) 887-2211 RON ANDERSON Phone (208) 888-4433 •Fax (208) 8 PLANNING AND ZONING KEITH BIRD Q �ppQ JUL 2 V JJO DEPARTMENT (208) 884-5533 C.771A, 01FMERIDIAN TRANSMITTAL 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 & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 4, 1998 TRANSMITTAL DATE: July 20, 1998 HEARING DATE: Auuqst 11, 1998 REQUEST: CONDITIONAL USE PERMIT FOR CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE BY: MEL A. LACY LOCATION OF PROPERTY OR PROJECT: 1414 N. MERIDIAN ROAD TAMMY DE WEERD, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z ADA COUNTY HIGHWAY DISTRICT BYRON SMITH, P/Z ADA PLANNING ASSOCIATION _KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH _ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT _RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT _CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) _KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) _GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) _WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT �✓ � �` �� YOUR CONCISE REMARKS: _POLICE DEPARTMENT _CITYATTORNEY w , G O _CITY ENGINEER _CITY PLANNER _CITY FILES HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place Co Live (208)884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208)-,5$?—A" i�13_'1i� � PLANNING AND ZONING KEITH BIRD'l DEPARTMENT J U L 2 3 1998 (208) 884-5533 rTr-'" F,.. ,�.rn. ,-AN TRANSMITTAL 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 & Zoning Commission, please submit your comments and recommendations to Meridian City Hail, Attn: Will Berg, City Clerk by: _ August 4, 1998 TRANSMITTAL DATE: July 20, 1998 HEARING DATE: Auugst 11, 1998 REQUEST: CONDITIONAL USE PERMIT FOR CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE BY: MEL A. LACY LOCATION OF PROPERTY OR PROJECT: 1414 N. MERIDIAN ROAD TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER _CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF REC TION(PRELIM & FINAL YOUR CONCISE REMARKS: I ) HUB OF TREASURE VALLEY -- Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council Men, CITY OF MERIDIAN (208) 88.1-4264 ers PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-221 t RON ANDERSON Phone (208) 888-4433 • Fax (208) $�8 iC� PLANNING AND ZONING KEITH BIRD DEPARTMENT(208) J U L 2 2 1998 88�1-5533 CT ' "IF MERIDIAN TRANSMITTAL 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 & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 4, 1998 TRANSMITTAL DATE: July 20, 1998 HEARING DATE: Auuqst 11, 1998 REQUEST: CONDITIONAL USE PERMIT FOR CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE BY: MEL A. LACY LOCATION OF PROPERTY OR PROJECT: 1414 N. MERIDIAN ROAD TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z AROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORN EY _CITY ENGINEER _CITY PLANNER CITY FILES J?FC=EyvED J U L 2 2 1998 CITY OF MERIDIAN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL YOUR CONCISE REMARKS: 1 It i e RECEIVED J U L 2 0 1998 MBWUAN CITY 194GIWER V .� . ,...._._ x ,� Yj cCENTRAL CEN`fRAL DISTRICT HEALTH DEP DISTRICT Environmental Health Division HEALTH DEPARTMENT J U L 2 9 1998 Rezone # CITY OF MERIDUNN Conditional Use # ti✓!��?'Jl��✓ �� 7�'�2��x�e'� ,� p �frT/,� Preliminary / Final / Short Plat Return to: ❑ Boise ❑ Eagle ❑ Garden City .Meridian ❑ Kuna ❑ ACz I. 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. ❑ 8. 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. ❑ I I. 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 to 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. Date: /�7 Reviewed By: (DHD 10/91 «b, rev. 7/97 Review Sheet AUG p 7 1998 CITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 r FAX # 208-463-0092 4 August 1998 1 Phones: Area Code 208 g OFFICE: Nampa 466-7861 Will Berg, City Clerk _ SHOP: Nampa 466-0663 City of Meridian j 33 East Idaho Meridian, ID 83642 RE: Conditional Use Permit for conversion of garage to bedroom and bathroom in C-C zone for Mel A. Lacy. Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above referenced 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 V cErvE P R D AUG 1 0 1998 CITY OF MERIDIAN August 10, 1998 City of Meridian Att; William G. Berg, Jr., City Clerk This letter is in response to the Notice of Hearing that the Planning and Zoning Commission of the City of Meridian is holding at the Meridian City Hall on the evening of August 11, 1998 when it will be reviewing and considering the application of Mel A. Lacy for a Conditional Use Permit. His property, 1414 N. Meridian Road, boarders the North of my property at 1402 Meridian Road. One of his requests is to take the existing unattached garage which sits on our property lines and remodel it into an apartment with a bathroom for his daughter. He recently purchased the property and appears to by a nice, agreeable neighbor with a nice family. Our two driveways are side by side and we have worked out a system of parking on the extreme far side of our driveways to enable us to "jockey" second and third cars in and out of our single drives. Between us we have a number of vehicles, Some need to be parked on the street and my concern is that if this apartment is ever rented or transferred to another owner it could present a. problem. At this time I can see no way of providing for more cars. I would like to state that I am therefore asking that this apartment arrangement be non -transferable. I do not want to make enemies of my neighbors, just want to protect my property value. I have told them. I xN411 not contest their request to make a bedroom apartment for their daughter, but am concerned about the future and how it will affect the value of my property. As I will be out of town for the hearing it was suggested that I put my concerns in writing. Thank you, �7-4; /ettyY . rir , on 1402 Meridian Rd Meridian, Idaho 83642 ppl,,q eP 7d Aso (T 0 ;7 2 vAc4wr OA CLEANMS Gi jer 41 LQ sc 4> /* weived- 16-3i-qg p � 2 a--^- A2SeAt 9 REcE FEB 0 4 1999 BEFORE THE MERIDIAN CITY COUNCIL CITY OF MERIDIAN PLANNING & ZON-I I IN THE MATTER OF THE APPLICATION OF MEL A LACY, APPLICATION FOR ) ORDER OF APPROVAL CONDITIONAL USE FOR CONVERSION OF ) OF CONDITIONAL USE PERMIT GARAGE TO BEDROOM & BATHROOM, ) 1414 N. MERIDIAN ROAD, MERIDIAN, IDAHO ) This matter coming before the City Council without public hearing under the provisions of § 11-2-418 E Municipal Code of the City of Meridian for final action on conditional use permit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: A Conditional Use Permit is herein granted to Mel A. Lacy to turn an existing 14' x 24' building into a bedroom with bath and closet area, update the plumbing, kitchen cabinets and replace the carpet in the residential structure upon the real property described in Exhibit "A" attached hereto and located at 1414 N. Meridian Road, Meridian, Idaho. This permit is subject to the following terms and conditions: 1) Sanitary sewer and water to this facility shall be constructed per the Uniform Plumbing Code. This site currently is assessed with one water hookup and one sewer hookup. An additional sewer and water assessment will need to be charged for the additional dwelling unit. Applicant will be required to enter into an Assessment Agreement with the City of Meridian. 2) Park impact fees, ACHD impact fees, and a deposit to ACHD road trust should also be paid prior to issuance of a building permit. Apparently, ORDER OF APPROVAL OF 1 CONDITIONAL USE PERMIT / MEL A. LACY "*N construction was initiated on the building without obtaining permits of any kind. 3) The Meridian Fire Department needs to review this application and any building plans for conformance with the Uniform Fire Code. As the garage does not meet the setback requirements, fire wall construction may be necessary. 4) This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. An approval of transfer will be required for any new owner/tenants. 5) The building shall meet all building, plumbing, mechanical and electrical codes. Permits shall be issued and inspections completed. 6) All codes will need to be met pursuant to the Meridian Fire Chief, Kenny Bowers. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of § 11-2-418 J of the Municipal Code of the City of Meridian, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on October 20, 1998. Copy served upon Applicant, the Planning and Zoning Department and the Public Works Departme t. By- Dated: Ci y Clerk ORDER OF APPROVAL OF CONDITIONAL USE PERMIT / MEL A. LACY 2 MERIDIAN PLANNING & ZONING COMMISSION MEETING: OCTOBER 13, 1998 APPLICANT: MEL A. LACY AGENDA ITEM NUMBER: 4 REQUEST: CONDITIONAL USE PERMIT FOR CONVERSION OF GARAGE TO BEDROOM & BATHROOM - 1414 N. MERIDIAN ROAD AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 9/8/98 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: SEE ATTACHED FINDINGS INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 5 Findings of Fact and Conclusions of Law and all the ordinances of the City of Meridian. Borup: Second. MacCoy: Thank you, all in favor? MOTION CARRIED: All ayes. MacCoy: We're going to run through a couple of these. ITEM NO. 4: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR GROUP DAYCARE BY TINA CARRICO — 2052 N. LARK PLACE: MacCoy: Commissioners? Nelson: Mr. Chairman, I would like to make a motion that we table this item until our October 13th meeting. De Weerd: Second. MacCoy: Any discussion? Seeing none. All in favor? MOTION CARRIED: All ayes. ITEM NO. 5: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR CONVERSION OF GARAGE TO BEDROOM & BATHROOM BY MEL A. LACY — 1414 N. MERIDIAN ROAD: Nelson: Mr. Chairman, I would like to make a motion to table this item until our October 131h meeting. De Weerd: Second. MacCoy: Any discussions? None, okay. All in favor? MOTION CARRIED: All ayes. ITEM NO. 6: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST TO AMEND CITY ORDINANCE, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE DEVELOPMENT AGREEMENT FOR TROUTNER BUSINESS PARK BY TROUTNER BUSINESS PARK DEVELOPMENT CORP. — S. WEST FIFTH AVENUE, SOUTH OF FRANKLIN AND WEST OF MERIDIAN ROAD: zr MERIDIAN PLANNING AND ZONING MEETING: September 8, 1998 APPLICANT: MEL A LACY ITEM NUMBER: 5 REQUEST: CONDITIONAL USE PERMIT FOR CONVERSION OF GARAGE TO BEDROOM & BATHROOM AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES 08/31/98 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED MEMO CITY POLICE DEPT.- CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLANNING AN-D ZONING COMMISSION SPECIAL MEETING AUGUST 31, 1998 PAGE 30 Carrico: Did I? MacCoy: Did you, yes? Carrico: No, I didn't plant anything this year. MacCoy: I just thought I'd clear the air for that one. Is there any other person here that has questions or statements they want to make? If not, I'll close the public hearing, commissioners? Nelson: Before I make a motion for the benefit of the audience. This is zoned R- 8, 1 believe that allows up to 24 children daycare, so we are only asking for half of what R-8 allows and it's the opinion of this commissioner that daycares in the home are a good alternative to the commercial. Not everyone can afford to take their children to commercial. Just for the benefit of them, I make a motion to request Fact and Findings for this item. De Weerd: Second. MacCoy: Any discussion? Borup: One additional comment, without the fire department doing their inspection, we are not sure how many children are going to be approved. It could be way less. Nelson: It could be less. We can only assume twelve. MacCoy: It's controlled by some other agency other than ours. De Weerd: The fire department has returned a sheet with their comments, so. MacCoy: Any other discussion? De Weerd: I have none. MacCoy: If not, all commissioners in favor? Borup: Did we get a second? MacCoy: All in favor. MOTION CARRIED: All ayes. ITEM NO. 7: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR CONVERSION OF GARAGE TO BEDROOM & BATHROOM BY MEL A. LACY — 1414 N. MERIDIAN ROAD: lr MERIDIAN PLANNING AND ZONING COMMISSION SPECIAL MEETING AUGUST 31, 1993 PAGE 31 MacCoy: Is Mr. Lacy here? MEL A. LACY, 1414 N. MERIDIAN ROAD, MERIDIAN, ID. WAS SWORN IN BY THE ASSISTANT CITY ATTORNEY. Lacy: My request is to convert the garage to small a 14 X 24 detached building to the structure, to a bedroom and a bathroom, because I recently got married and became the Brady Bunch and would like to have another bedroom and because of zealously on my part and ignorance and I didn't realize this was zoned strictly commercial when I bought this property. So I didn't realize that I couldn't do any adding on to the house and I did call the city and they said I couldn't add on, but I could remodel anything existing, well, on my part, I thought that meant the garage, but it doesn't. So I got zealous and on the 41h of July and I bought a used pool because it's above ground, but it has one end, where you can dig down and make it a six foot depth and I had a little hoe rented, I dug in sewer line for this bedroom and bath idea that I came with on that weekend. With intent of getting a permit, didn't realize I needed to go through conditional use permit. I've gone through the memorandum that was sent to me. I can willingly conform with all codes, inspections, whatever is required of me. As far as the concerns from the neighbors as far as the parking. I do have a trailer and a boat, the boat is gone, it's at storage, and the trailer will be in storage. The reason it's been around is because I've been moving and I've been trying to move my future wife at that time in and out, getting stuff shifted around and anticipation of the marriage. The trailer will not be left there, it will be moved. The vehicle situation when it finally, when the dust finally settles. There will be a car for myself, a car for my wife and a car for my daughter. So there should be three vehicles there at that time. Timeframe on that, it kind of goes with money and how you can get things taken care of. As far as the swimming pool, I know there is a concern with my other neighbor, that I built it over her sewer line in my yard. I went and spoke with Gary Smith at the city engineering department and showed him the right-of-way easement that I was mailed and his clarification on that is, she has no right-of-way to her utility in my property and it applies to the property that is due east of her to connect to the sewer line. My understanding after his conversation was, if her sewer line was in my yard, that I could either have her move it, or she would have to buy an easement from me. I was willing to leave that dog lie, but I'm going to push forward and have her move it. That's where it stands. MacCoy: Any questions for our applicant? Borup: So the sewer line, there is a sewer line in your property that is servicing her at your neighbors house? Lacy: I'm just going by what she has said. I don't have any record of it being there, Gary didn't have any record of it being there, he has records showing the ri MERIDIAN PLANNING AND ZONING COMMISSION SPECIAL MEETING AUGUST 31, 1993 PAGE 33 Lacy: No, there is a little footing there. Borup: But probably not down two feet. Lacy: (Inaudible) I didn't know what, how far they would go on another, on a remodel, I didn't know, I couldn't. Borup: I guess that would be up to the building department. I don't think I'm (Inaudible) at this time. MacCoy: Commissioner De Weerd. De Weerd: I guess my only question is on parking, loosing your garage if you have adequate space for your vehicles. Lacy: It's a long narrow driveway, but yes there would be. Even if I didn't have it as a bedroom, I wouldn't use it to park in, I would use it as storage. De Weerd: I have no further questions. Nelson: I have no questions. MacCoy: Okay, is there anyone here that, since this is an open public hearing, yes please step forward. JODI MAHNKEN, 1422 N. MERIDIAN RD, MERIDIAN, ID. WAS SWORN IN BY ASSISTANT CITY ATTORNEY. Mahnken: I'm a neighbor right next door, I had some concerns because as he mentioned, the sewer line is there. It was my understanding after I spoke to an attorney that the sewer line, and I believe you have a copy, I sent you a certified copy, is the City of Meridian easement, it's a right-of-way easement with the City of Meridian from 1955. 1 guess I have a problem because he is digging over, I'm supposed to have access to the sewer line, because he's digging over and into it, I don't want to be financially responsible for the line because he's messing with it. If it was just sitting there and it broke, that's fine. If you start messing with it, why should I have to carry the financial responsibility. His pool is not in compliance, he never got a permit, I did call the city, I did write the city. I also met with the-1 don't remember the superintendent of the sewers down there, I have his letter, but I didn't bring it tonight. He said he would bring it to the lawyer, and it does seem to be a City of Meridian easement, right-of-way easement. They would probably write to Mr. Lacy and state that he is responsible for the care and replacement of the line, if he breaks it. I have pictures of, the garage. That's the only thing, I don't want to bear the financial responsibility as a single parent with a teaching income to replace the city line that somebody is messing with. This is MERIDIAN PLANNING AND ZONING COMMISSION SPECIAL MEETING AUGUST 31, 1993 PAGE 33 Lacy: No, there is a little footing there. Borup: But probably not down two feet. Lacy: (Inaudible) I didn't know what, how far they would go on another, on a remodel, I didn't know, I couldn't. Borup: I guess that would be up to the building department. I don't think I'm (Inaudible) at this time. MacCoy: Commissioner De Weerd. De Weerd: I guess my only question is on parking, loosing your garage if you have adequate space for your vehicles. Lacy: It's a long narrow driveway, but yes there would be. Even if I didn't have it as a bedroom, I wouldn't use it to park in, I would use it as storage. De Weerd: I have no further questions. Nelson: I have no questions. MacCoy: Okay, is there anyone here that, since this is an open public hearing, yes please step forward. JODI MAHNKEN, 1422 N. MERIDIAN RD, MERIDIAN, ID. WAS SWORN IN BY ASSISTANT CITY ATTORNEY. Mahnken: I'm a neighbor right next door, I had some concerns because as he mentioned, the sewer line is there. It was my understanding after I spoke to an attorney that the sewer line, and I believe you have a copy, I sent you a certified copy, is the City of Meridian easement, it's a right-of-way easement with the City of Meridian from 1955. 1 guess I have a problem because he is digging over, I'm supposed to have access to the sewer line, because he's digging over and into it, I don't want to be financially responsible for the line because he's messing with it. If it was just sitting there and it broke, that's fine. If you start messing with it, why should I have to carry the financial responsibility. His pool is not in compliance, he never got a permit, I did call the city, I did write the city. I also met with the —I don't remember the superintendent of the sewers down there, I have his letter, but I didn't bring it tonight. He said he would bring it to the lawyer, and it does seem to be a City of Meridian easement, right-of-way easement. They would probably write to Mr. Lacy and state that he is responsible for the care and replacement of the line, if he breaks it. I have pictures of, the garage. That's the only thing, I don't want to bear the financial responsibility as a single parent with a teaching income to replace the city line that somebody is messing with. This is MERIDIAN PLANNING AND ZONING CONLAISSION SPECIAL 'MEETING AUGUST 31, 1993 PAGE 34 an old line, can it handle the stress. Mr. Lacy has tendency to do his own work. Will a plumber be involved, will there be an inspection? He used to keep his things in the back, boats, trailers, campers, fine. The pool now blocks the storage area in the back, so there is nothing that can pass the pool. Yes there is a major parking problem. This has sat in front of the house for two weeks during the summer. He moved it, it's back. He says he's going to get rid of it, I don't know. So my concerns are cost and parking. With that sitting there, as a pedestrian walkway, the children going to Meridian Elementary, the high school along Meridian Road. He has young drivers, his son will probably be driving soon. They come out of that parking area and can't see around that trailer, they can't see me around the trailer, because I walk very often. So, I hope that these vehicles are moved. Prior: Mr. Chairman, I have a question for clarification. I understand you correctly. It is actually the City of Meridian that actually has this easement. It's not an easement that you have, is that right? Mahnken: No, I thought it was, but it's not. It's the City of Meridian. So, they will have to bear the responsibility of that. MacCoy: Any other questions for that? Okay. Anybody else here that would like to make a statement. Borup: I have a couple questions for staff. One, is a permit needed for an above ground pool. It is? MacCoy: My neighbor had to get one, yeah. Borup: Okay, he's got it anyway. So then in a residential use, in a commercial zone can not be added on to? This is for my own information (Inaudible). Did I understand what the applicant said. Stiles: They would have grandfather rights to leave it in the same configuration as it is. If they want to remodel, enlarge or expand that non -conforming use, they would have to either rezone or go through the conditional use process. Borup: Okay, so he could add on a bedroom to the house with a conditional use permit. Stiles: Yes. Borup: Another for Bruce, have you had a change to review this right-of-way easement? Without taking a plat and trying to —I'm not really sure where that easement really is. NIERIDLAN PLANNING AND ZONING CON11MISSION SPECIAL MEETING AUGUST 31, 1998 PAGE 35 Freckleton: Commissioner Borup, members of the commission, Gary Smith has had this easement, he's done some review on it, it was an easement that was granted in 1955 to the City of Meridian. It's for service lines, not main line. The way it's worded, it's very vague, the legal description portion of it, it's hard to interpret as to exactly the location of those lines. I know that Gary has done research into this and I wasn't aware that he had made the determination that it wasn't —that their wasn't easement here. I would need to talk to him about that. Find out where he's coming from. Borup: I was looking at these sixteen feet, if it's a sixteen foot strip and it's the east part, I'm not sure how it gets on a boundary that's running east and west. Freckleton: The configuration of north 3`d addition. If I remember right, there is a lot that —these lots have been split off. There is a lot that runs north and south across the back of three or four lots. The main sewer trunk line runs down the middle of the block, then there is a strip of land that runs between the lots. This easement, if I understand was for lines to cross that lot to those three or four individual lots. Borup: So that's the lots essentially in the middle of the block (END OF TAPE) Borup: ... information we had and how do more research than I probably wanted to. That conclude what you knew, Mr. Freckleton? Freckleton: Yes. The middle paragraph of legal description talks about strips of land eight feet wide extending from the sewer lateral line. That would be, it says from the lateral line —sewer line, westerly to the boundary of the adjoining property. It doesn't give you a north south dimension as to where along that lateral line those extend from. It just says that there is strips of land eight feet wide, extending 245 feet across that lot, to those three lots. There is a lot that is left to interpretation. Borup: So that's the sewer line we are talking about, there is no specific location. Freckleton: There is a lot left to interpretation with this legal. Borup: Mr. Chairman, did Mr. Lacy have some clarification on... Lacy: This is the drawing that Gary and I went over. Prior: Sir, you are going to need to speak into the microphone so we can hear you. MERIDIAN PLANNING AND ZONING COMMISSION SPECIAL MEETING AUGUST 31, 1993 PAGE 36 Lacy: If you notice on the lots that he's talking about, there is —I think the one strip was 60 feet wide, 240 feet long, I think. That's where the main sewer lateral runs. There are four lots that join in on to that. They have, I guess it would be the east end of that property, he drew in there four, eight foot wide parcels. So basically what it gave, what he explained to me is it gave the City of Meridian an easement to connect each four lots to the main sewer lateral through their own lot. It has nothing to do with up in the other 60 X 100 foot original lot. Borup: So at this point, that strip back there was added to the 150 foot lot, is that what you are saying? This plat shows another lot between the sewer line and... Lacy: The way he said the original property owner had five lots there and what he did was gave the City of Meridian an easement to allow that not to be landlocked to the sewer line off that east end of the property, each of those four 60 X 150 foot lots. Borup: Who owns that other 73 feet behind your lot? Lacy: I own that one, I own two pieces there. It was deeded, they actually sold both pieces as mine. Borup: Okay, that's what I was getting at, I said most of the lots on that street are the same situation. Lacy: Just mine, and then the next three are just 150 X 60 lots. Then that other strip is where the Knotty Pine Motel trailer court sits. So her easement is actually underneath that trailer house, to the east of her. From the way that Gary explained it to me. Borup: But you don't know. If this is accurate, it's not over, it's straight back from these persons property. Lacy: Correct. Borup: This probably needs to be given in to... submitted for. (Inaudible) Nelson: I have one more question for the applicant. Sorry. We've danced around so much, then it is still safe to say that your pool may be over her sewer. Does she have a legitimate concern? Lacy: Maybe, maybe not. What Gary said is look for the vent out of her house and then in the back of my property where the actual 150 foot property line would be from the original parcel in 13 feet, there is a clean out. Line up with that clean out to her vent coming through her roof and he said that's probably how the line i MERIDIAN PLANNING AND ZONING COMMISSION SPECIAL MEETING AUGUST 31, 1993 PAGE 37 ran. That's what he's noticed, and it's under her tree, it isn't under my pool. It's under a tree on her property. Nelson: Thank you. MacCoy: You have something. Mahnken: That wasn't how it was explained to me, because I know that the sewer line has to come out. Prior: Ma'am, I'm going to have to ask that you speak into the microphone and identify yourself. Mahnken: Well I went down to Meridian Sewer and that wasn't how it was explained to me. It was explained that it went right over the sewer line, which is —he's got the pool right over the sewer line, because it goes straight back to the (Inaudible). So that was not how it was explained to me. Nelson: Suffice it to say, it's ambiguous. MacCoy: Is there any other comments to be made from the people here this evening. Okay, thank you. I'm going to close the public hearing and give it back to the commissioners. De Weerd: Does staff have any comments? MacCoy: Staff, do you have any comments after all this? Stiles: Nothing in addition to our report. MacCoy: What's you direction. Nelson: I'm thinking. I would be inclined to move this on for Facts and Findings. I'm concerned that there is different information being sent out by the city to maybe two people that maybe effected. That may be because the information is so vague that it's subject to interpretation. But I don't know whether that has anything to do with this conditional use, the pole is not really part of this. Does anyone have any comment on that before I make a motion? Borup: Just I agree with that. The only other comment, I'd much rather see the applicant and neighbor try and work things between themselves. De Weerd: But again, we don't have, that's a whole different issue. So, if you would like to make a motion. Nelson: On the motion on the garage itself, I'd like to make a motion MERIDIAN PLANNING AND ZONING COMMISSION SPECIAL MEETING AUGUST 31, 1998 PAGE 38 MacCoy: Can you wait a moment here, before we get into this, do you all have the letter written in you packet from Betty Rearington, she asked that we go through this... Prior: Did we close the public hearing chairman? MacCoy: Yes we did. We're at the discussion point right now. Prior: I know, you're going to discuss information in addition to what was —after closing the public hearing. MacCoy: This is in the packet. Prior: I understand that, I believe that is part of public record and the public hearing has been closed though. We're probably going to have to make a motion to reopen the public hearing and allow this letter to be read in it's entirety before we continue. MacCoy: Is that the way you want to do it? Prior: That's the way we're going to have to do it. MacCoy: Okay, I wasn't aware we had to do it in the past, because we (Inaudible) letters before in the past and we haven't done this. It's in the packet and it's part of the material you would have to take care of. Prior: Not during my tenure. MacCoy: Well no, it hasn't been. Alright, I'm going to reopen the public hearing, I have a letter here addressed to our City Clerk, Mr. William Berg and it's from Betty Yerrington, who lives at 1402 Meridian Road, in Meridian. "This letter is in response to the notice of hearing at the Planning and Zoning Commission of the City of Meridian is holding in the Meridian City Hall on the evening of August 11, 1998 when it will be reviewing and considering the application of Mel A. Lacy for a conditional use permit." Next paragraph, "His property 1414 N. Meridian Road, borders the north of my property at 1402 Meridian Road. One of the requests is to take the existing unattached garage with sites on our property line, and remodel it into an apartment with a bathroom for his daughter. He recently purchased the property and appears to be a nice agreeable neighbor with a nice family. Our two driveways are side by side and we have worked out a system to parking on the extreme far side of our driveways to enable us to Jockey second and third cars in and out of our single drives. Between us, we have a number of vehicles, some need to be parked on the street, my concern is if this apartment is ever rented or transferred to another owner, it could present a problem. At this time, I can see no way of providing for more cars." Next paragraph. "I would like MERIDIAN PLANNING AND ZONING COMNUSSION SPECIAL MEETING AUGUST 31, 1998 PAGE 39 to state that therefore asking that this apartment arrangement be non- transferable, I do not want to make enemies of my neighbors, just want to protect my property value. I have told them I will not contest this request to make a bedroom apartment for their daughter, but I am concerned about the future of how it will effect the value of my property. She closes by saying, as I will be out of town for the hearing, it was suggested that I put my concerns in writing. Thank you," signed Betty Yerrington. Any discussion from the public, since I've reopened the public agenda. If not... Borup: Mr. Chairman, just clarification for—Yerrington is on the south side? MacCoy: 1414 and she's on 1402. Same side of the street. Borup: Okay, that's all I had on that other than apologize I didn't have, my notes on this were from her last meeting and I did miss one question that I had for staff. MacCoy: Well we are back to open again, so you might as well ask the staff. Borup: Well, Shari is gone. MacCoy: Oh, great. Borup: I'm not sure if Bruce can answer this aspect, because more of Planning and Zoning, but it is on —by granting this, are we (Inaudible) two separate residences on a single lot? Which I guess what it's here for is conditional use, but it's —in my mind, it's more than adding on a bedroom to an existing house. In the future, property resold, you've got two separate individual living quarters. Is there any concern there? I'm sure the city has a lot already, I know that Boise does all over the place. It doesn't comply with anything current. Those types of things are grandfathered, but here we are creating. We're creating something that isn't grandfathered. Did you understand what I was asking? Stiles: The way that our ordinance reads, they would have to transfer the conditional use permit to a new owner, and that would require another public hearing and another conditional use permit application. The commission could put the limitation on it, if they decided it's part of the conditional use permit, it would be hard to enforce. Borup: Where it's a member of the family, I don't have a concern. That's why I ask if staff has a concern somewhere down the road creating a —well, it's not really a duplex situation, we are creating two residences on one property. How be it, the one fairly small. It would still be a separate rental unit. So I guess that's. You really didn't answer if you had a real concern or not, other than if it did come up and they applied for a conditional use, that's the time to look at it. MERIDIAN PLANNING AND ZONING COMMISSION SPECIAL MEETING AUGUST 31, 1993 PAGE 40 Stiles: It would be real hard to regulate, because we don't always get notification that new property ownership. They could sell the property, represent that it's approved and somebody else move in. Borup: We probably got some neighbors that just might let the city know. De Weerd: Does our city attorney have any comment? Prior: What would you like me to say? De Weerd: Well, in response to Commissioner Borup's question. Prior: He can build what he wants, if he wants to transfer the conditional use, he's going to have to go through the process, if I'm not mistaken. If he sells the house under the premise that that thing is transferable to another owner, then the new owner buys the property and finds out that it wasn't transferable, he's going to have a cause of action against Lacy for fraud and under the current laws for fraud, he get a dear price he'd pay for that. I'm sure he wouldn't want to take that type of responsibility in light of the fact that he has just brought a Brady Bunch into his family. Borup: I have no other comment or questions. MacCoy: You have no other? Back to commissioner Nelson that I interrupted, go ahead. Nelson: We need to close the public hearing now. MacCoy: Are you ready for that? Okay. There is no other questions from the audience. Borup: Mr. Yerrington is here, I assume he is just here to listen, I didn't know if he had anything he wanted to add. Prior: You need to come up, you know that. MacCoy: You of all people. MAX YERRINGTON, 1402 MERIDIAN ROAD, MERIDIAN, ID. WAS SWORN IN BY THE ASSISTANT CITY ATTORNEY. Borup: I just wanted to know if you had any additional comments, we got that letter from your wife, does that sum up? Yerrington: Yes, that's right. I don't own the property, my wife owns it. MERIDIAN PLANNING AND ZONING COMMISSION SPECIAL MEETING AUGUST 31, 1993 PAGE 41 De Weerd: Thank you Max for not being too wordy. MacCoy: You've got him up here, he's going to talk to you. Borup: Is there anything else? Yerrington: No. Prior: Have a seat if you would like. MacCoy: I want to close the public hearing for final now. Okay, closed. Commissioner Nelson, back to you again. Nelson: I would like to make a motion that we have facts and findings drawn up for... Prior: Findings of Fact and Conclusions of Law. Nelson: Findings of Fact and Conclusions of Law by our city attorney. De Weerd: That was city attorney. MacCoy: Any discussion among the commissioners that's credible. Borup: I seconded. MacCoy: Any discussion, all in favor. MOTION CARRIED: All ayes. Borup: If I could digress, it's not on this case. You guys —on the daycare center, if Tina understood the process and what happens next, I don't know if that was explained to her (Inaudible). MacCoy: That's a good point. Borup: Or she could talk to staff, I guess, either way. MacCoy: I would say that might be a better situation, because they are going to be the ones to tell her what to do. Just ask her. Borup: She realizes that there is still the findings to be read and voted on next month. Prior: Would you like the city attorney to explain that to her. Memo To: Chairman Malcom MacCoy Commissioner Borup Commissioner Smith Commissioner DeWeerd Commissioner Nelson City Clerk's Office From: William F. Gigray, III City Attorney for Meridian Date: September 3, 1998 Re: MERIDIAN CITY ATTORNEY OFFICE Terra Townhouse Subdivision CUP, Tina Carrico CUP, Mel A. Lacy CUP, and Troutner Business Park Miscellaneous Application To Amend City Ordinance, Findings of Fact and Conclusions of Law, and the Development Agreement Gentlemen: To advise you of the above items and the Commissions request to have Findings prepared, it is our intention to work on these four projects at the same time for the Commissions consideration for the October 13t' meeting. Due to the fact Monday is a holiday and a shortened week, and along with other projects in process within the Legal, Department this estimated date is the most reasonable date we can provide you. We appreciate your patience in this matter. • Page 1 MERIDIAN CITY COUNCIL MEETING: OCTOBER 20 1998 APPLICANT: MEL A. LACY ITEM NUMBER: 14 REQUEST: CONDITIONAL USE PERMIT FOR CONVERSION OF GARAGE TO BEDROOM & BATHROOM AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED MINUTES FROM 10/13/98 SEE ATTACHED FINDINGS FROM P&Z OTHER: All Materials presented at public meetings shall become property of the City of Meridian. �,I MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 8 want to go through the process. Until we get that written withdrawal, I guess we just need to proceed with re -notification and re -publication. Smith: So we need to table this to a date certain? MacCoy: Yes. Rossman: Yeah, I guess you can table it to another month and hopefully within that period of time it can be determined whether or not she will pursue it. Smith: Okay, I would like to make a motion that we table this to our November 1 oth Planning and Zoning meeting. De Weerd: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM NO. 4: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A CONDITIONAL USE PERMIT FOR CONVERSION OF A GARAGE TO BEDROOM & BATHROOM BY MEL A. LACY — 1414 N. MERIDIAN ROAD: MacCoy: Commissioners? De Weerd: I have a couple of questions on it, that would be in regard to transferability of the CUP to future owners and how we can enforce that. Stiles: Chairman, commissioners, it would be very difficult to monitor that. Land transactions take place everyday. We are not receiving warranty deeds that are recorded from the recorders office, it would be very hard to enforce. De Weerd: Is there something that they can put into the conditions that they would have to notify the city upon sale of the property. In essence, aren't we creating two dwellings on this one property? Stiles: Yes, two dwelling units. You could probably handle it through a deed restriction that would show up on a title report if they decided to transfer the property that upon the transfer of ownership they had to turn it back into a garage or to turn it into a commercial use that is in the zone that it's in. Without some kind of deed restriction, it would be nearly impossible to enforce. De Weerd: Did you have any changes to your staff comments? They have been incorporated into the findings, so I guess now that they are listed like that in the findings, we probably should ask you each findings if there is any changes to your comments. MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 9 Stiles: I guess if you are concerned about the transferability and our ability to enforce that, should add in the findings that a deed restriction will need to be placed on the property indicating the conditions of this conditional use permit. I know that's not very good wording, but... Rossman: I'm not sure that's a proper condition to make in granting a conditional use permit that a deed restriction be placed on there in Meridian City Code has a provision that requires notice in a public hearing before the City Council for any transfer of a conditional use, irregardless of any enforceability problems. The problem is still going to be there. I don't know how you are going to by condition in your Findings of Fact and Conclusions of Law require them to do anything more than the ordinance already provides. Unless somebody has a better idea. I don't think a deed restriction is the appropriate way to go. Borup: I think looking at it from a practical manner, if the family relationship is not there anymore, it does sell, the neighbors are going to be aware of that and I think you will be notified by the neighbors and that's probably the best enforcement we have. Would anybody agree with that? I think that's normally been pretty good notification Shari? Stiles: As long as it's the neighbor that had the objection in the first place. Borup: That's probably —maybe other neighbors too. If something happens that is going to be the first line. I guess I feel in light of what counsel said, I feel comfortable that would be brought to light if there was such a change. MacCoy: Commissioner De Weerd, do you have anything else along that line? De Weerd: No, I don't. MacCoy: Okay, what is the action? Nelson: Mr. Chairman, I would like to make a motion that the Meridian Planning and Zoning Commission hereby adopt and approve these Findings of Fact and Conclusions of Law to approve this request. MacCoy: Do I hear a second? Borup: Second. ROLL CALL: Borup — aye, Smith — abstain, De Weerd — nay, Nelson — yea. MacCoy: We have two ayes, one nay, and one abstention. It will pass, decision, recommendation? MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 10 Nelson: The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for the use set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law and any other condition that is required by the Meridian City Council. MacCoy: All in favor? Borup: Second. MacCoy: All in favor? MOTION CARRIED: Two ayes, one nay, one abstain. ITEM NO. 5: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST TO AMEND CITY ORDINANCE, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE DEVELOPMENT AGREEMENT FOR TROUTNER BUSINESS PARK BY TROUTNER BUSINESS PARK DEVELOPMENT CORP. — S. WEST FIFTH AVENUE, SOUTH OF FRANKLIN AND WEST OF MERIDIAN ROAD: MacCoy: Commissioners? Borup: Mr. Chairman I move that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. De Weerd: Second. MacCoy: This is a —alright then, you got one there? Okay, I'll use yours. (Inaudible) Okay, are you ready to go for roll call? ROLL CALL: Borup — yea, Smith — abstain, De Weerd — yea, Nelson — yea. MacCoy: Three yeas, one abstention, the vote carries, decision? Borup: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they adopt and approve the proposed amendment to the August 20th 1996 Findings of Fact and Conclusions of Law, the April 29th 1997 Troutner Business Park Development Agreement and the Meridian City Ordinance number 739 is set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law and any other conditions required by the Meridian City Council. MacCoy: All in favor? BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION IN THE MATTER OF THE APPLICATION ) OF MEL A. LACY, 1414 N. MERIDIAN ROAD,) FINDINGS OF FACT AND THE APPLICATION FOR CONDITIONAL USE CONCLUSIONS OF LAW AND PERMIT FOR THE CONVERSION OF ) RECOMMENDATION TO CITY GARAGE TO BEDROOM & BATHROOM, ) COUNCIL S. W. CORNER OF BLOCK 4 OF F.A. ) NOURSE'S THIRD ADDITION TO MERIDIAN, ) MERIDIAN, IDAHO ) The above entitled conditional use permit application having come on for public hearing on August 11, 1998 and August 31, 1998, at the hour of 7:00 o'clock p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearings scheduled for August 11, 1998 and August 31, 1998, before the Planning and Zoning Commission, the first publication appearing and written notice having been mailed to property owners or purchasers of record within 300 feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearing having been posted upon the property under consideration more than one FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the Planning and Zoning Commission at the August 11, 1998 and August 31, 1998 public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and §11-2-416E and 418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. The property is located within the City of Meridian; that the general location of the property is at 1414 N. Meridian Road, Meridian, Idaho, and described in the application which description is incorporated herein. 4. The applicant is the record owner of the property and has filed a written request for a conditional use permit. 5. The Meridian Planning and Zoning Commission 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, Ord. No. 629-Jan. 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE 6. The subject property is currently zoned (C-C), Community Business District. The zoning of the Community Business District (C-C) is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408B(9). 7. The proposed application requests a conditional use permit for the subject property to be used for the conversion of the garage into a bedroom and bathroom for the property. The C-C zoning designation within the City of Meridian Zoning and Development Ordinance requires that a conditional use permit be obtained for most uses including the request by the applicant. (Meridian City Zoning and Development Ord., Section 11-2-409 & 11-2-406(E)(1). 8. The applicant testified at the public hearings that the particular characteristics of the subject property make the proposed conditional use desirable. 9. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 10. The Assistant to the City Engineer, Bruce Freckleton, and the Meridian Planning and Zoning Administrator, Shari Stiles, have submitted comments, by and through a Memorandum dated August 7, 1998, and by and through testimony of Shari Stiles during the public hearings on this matter. Such report and comments are hereby incorporated herein. 11. The Central District Health Department, Meridian Building Department, the Meridian City Police Department, the Nampa & Meridian Irrigation District, the Meridian Fire Department, and the Meridian Sewer Department submitted comments which are FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE also hereby incorporated herein. 12. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. 13. The proposed use within the subject application will be harmonious with and in accordance with the Comprehensive Plan in this Ordinance. 14. The use proposed within the subject application will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or attended character of the general vicinity and that such use will change the essential character of the same area. 15. The use proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The use proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The use proposed within the subject application will not create excessive additional requirements at public costs, for public facilities and services, and will not be detrimental to the economic welfare of the community. 18. The use proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE 0 CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. To occupy and use real property which is designated and zoned as Community Business (C-C) District within the City of Meridian for the conversion of applicant's garage into a bedroom and bathroom use requires approval by the Commission as provided for under the City of Meridian Zoning and Development Ordinance, 11-2-409. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE 5. The Commission has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding but the following standards are met (Section 11-2-418, City of Meridian Zoning and Development Ord.): a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, 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; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE 6. Prior to granting a conditional use permit in a Community Business (C-C) District, one (1) public hearing shall be conducted with notice be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for conditional use permit all in accordance with the provisions of Section 11-2-418(e) City of Meridian Zoning and Development Ordinance. 7. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Section 2-418(f), City of Meridian Zoning and Development Ordinance.) 8. When the Commission approves a conditional use permit it may impose conditions of that approval that reasonably: a. Minimize adverse impact on other development; b. Control the sequence and timing of development; C. Control the duration of development; d. Assure that the development is maintained property; e. Designate the exact location and nature of the development; f. Require the provision for on -site public facilities or services; and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE g. Require more restrictive standards than those generally required, in this Ordinance. 9. Having made the afore stated Findings of Fact and Conclusions of Law, the City of Meridian Planning and Zoning Commission hereby approves the proposed application for a conditional use permit for the uses set forth hereinabove with the following conditions: a. All requested conditions set forth within the memorandum of Bruce Freckleton, the Assistant to the Meridian City Engineer, and Shari Stiles, the Meridian Planning and Zoning Administrator, dated August 7, 1998 be complied with. b. All comments and conditions set forth by the Meridian City Sewer Department, Meridian Building Department, City Police, Fire District, Central District Health Department, and Nampa & Meridian Irrigation District must be complied with. 10. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 11. It is hereby recommended by the Meridian Planning and Zoning Commission that should the applicant meet the afore stated conditions that the requested conditional use permit for the use set forth hereinabove be approved by the Meridian City Council to the applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions and Law. ROLL CALL COMMISSIONER BORUP VOTED _ COMMISSIONER SMITH VOTED COMMISSIONER DEWEERD VOTED COMMISSIONER NELSON VOTED CHAIRMAN MALCOLM MACCOY (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for the use set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law, and any other conditions required by the Meridian City Council. MOTION: APPROVED: DISAPPROVED: 101298-Final (9 pr FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE MERIDIAN PLANNING & ZONING COMMISSION MEETING: AUGUST 11, 1998 APPLICANT: MEL A. LACY AGENDA ITEM NUMBER: 16 REQUEST: CONDITIONAL USE PERMIT FOR CONVERSION OF GARAGE TO BEDROOM AND BATHROOM AGENCY COMMENTS CITY CLERK: SEE ATTACHED LETTER CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: SEE ATTACHED COMMENTS MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council Members CITY OF MERIDIAN (208) 884 4264 PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887.22 f I RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTMENT (208)884-5533 MEMORANDUM: August 7, 1998 To: Planning & Zoning Commission, Mayor & City Council From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator C Re: Request for Conditional Use Permit to Convert Garage into Studio Apartment in a C-C Zone by Mel A. Lacy We have reviewed this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: This site is located in a C-C zone. The Applicant has grandfather rights for use of the existing residence. Due to the fact that the Applicant desires to convert the garage into a residence, the Applicant was asked to submit an application for a conditional use permit. City Ordinance Section 11-2-406 deals with non -conforming structures or uses. 1. Sanitary sewer and water to this facility shall be constructed per the Uniform Plumbing Code. This site currently is assessed with one water hookup and one sewer hookup. An additional sewer and water assessment will need to be charged for the additional dwelling unit. Applicant will be required to enter into an Assessment Agreement with the City of Meridian. 2. Park impact fees, ACHD impact fees, and a deposit to ACHD road trust should also be paid prior to issuance of a building permit. Apparently, construction was initiated on the building without obtaining permits of any kind. 3. The Meridian Fire Department needs to review this application and any building plans for conformance with the Uniform Fire Code. As the garage does not meet setback requirements, fire wall construction may be necessary. 4. This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. An approval of transfer will be required for any new owners/tenants. Mayor HUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council Members CITY OF MERIDIAN (208) 88.1-4264 CHARLES ROUNTREE 33 EAST IDAHO PUBLIC WORKS BUILDING DEPARTMENT GLENN BENTLEY NIERIDIAN, IDAHO 83642 (208) 887-221 I RON ANDERSON Phone (208) 888-4433 • Fax (208) $t-fgl ,�F�D PLANNING AND ZONING KEITH BIRD 1LY DEPARTMENT J U L 2 2 1998 (208) 884-5533 MERIDIAN TRANSMITTAL 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 & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: _ August 4, 1998 TRANSMITTAL DATE:_ July 20, 1998 HEARING DATE:Auuqst 11, 1998 REQUEST: CONDITIONAL USE PERMIT FOR CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE BY: MEL A. LACY LOCATION OF PROPERTY OR PROJECT: 1414 N. MERIDIAN ROAD TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT C ITY ATTOR N EY _CITY ENGINEER _CITY PLANNER CITY FILFS 1?FCETv1ED JUL 2 2 1993 CITY OF MERIDIAN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL YOUR CONCISE REMARKS: � e RECEIVED MERIDIAN CITY ENGINEER HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council Members CITY OF MERIDIAN (208) 88.1-4264 PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY NIERIDIAN, IDAHO 83 �; (208) 887-22 1I RON ANDERSON Phone (208) 888 dd33 •Fax (208) 8 13 PLANNING AND ZONING KEITH BIRD JULJ V 8 19(]O DEPARTMENT L (208) 884-5533 f �,i pT798 �T 'l� � ^: )T, NTER1DLAl� TRANSMITTAL 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 & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 4, 1998 TRANSMITTAL DATE: July 20, 1998 HEARING DATE: Auuust 11, 1998 REQUEST: CONDITIONAL USE PERMIT FOR CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE BY: MEL A. LACY LOCATION OF PROPERTY OR PROJECT: 1414 N. MERIDIAN ROAD TAMMY DE WEERD, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z ADA COUNTY HIGHWAY DISTRICT _BYRON SMITH, P/Z ADA PLANNING ASSOCIATION _KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH _ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT _RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT _CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) _KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) _GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) _WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT YOUR CONCISE REMARKS: _POLICE DEPARTMENT _CITYATTORNEY _CITY ENGINEER 74 Ut P 0 11, ILE _CITY PLANNER _CITY FILES Y)3�(J-02 Mayor HUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY NIERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208IFA i�T�7T.�D KEITH BIRD Y L J U L 2 3 1998 LEGAL DEPARTMENT (208) 88.1-d264 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-211 1 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL 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 & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 4, 1998 TRANSMITTAL DATE: July 20, 1998 HEARING DATE: Auuust 11, 1998 REQUEST: CONDITIONAL USE PERMIT FOR CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE BY: MEL A. LACY LOCATION OF PROPERTY OR PROJECT: 1414 N. MERIDIAN ROAD TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT C ITY ATTOR N EY _CITY ENGINEER _CITY PLANNER _CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GA PRELIM &FINAL PLAT) BUREAU OF REC TION(PRELIM & FINAL YOUR CONCISE REMARKS: " CW CENTRAL CENTRAL DISTRICT HEALTH DEPAtf3 i,�DISTRICT Environmental Health Division PHEALTH J IU L 2 a i598 DEPARTMENT Rezone # CITY OF VIERIDIIUN Conditional Use ## �'-��vl�w/4",•J O/- Preliminary / Final / Short Plat Return to: ❑ Boise ❑ Eagle ❑ Garden City lfg�mericlian ❑ Kuna ❑ ACz S I. 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 ❑ b. 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. ❑ 8. 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 to 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. Date: < /,27 ff l� Reviewed By: CDHD 10/91 rb, rev. 7/97 Review Sheet i 1422 N. Meridian Rd. Meridian, ID 83642 July 27, 1998 Planning and Zoning Commission City of Meridian Meridian Citv Hall 33 East Idaho St. Meridian, Idaho 83642 Dear City of Meridian: REcENED J U L 2 8 1998 C!' 7 OF 11ERIDIAN This letter is in response to the a Conditional Use Permit for land located at the southwest corner of block 4 F.A. Nourse's Third Addition, generally located at 1414 N. Meridian Road. Mr. Mel A. Lacy requests a Conditional Use Permit for a conversion of garage to a bedroom and bathroom. I am unable to attend the public hearing due to a previous family commitment. I wish to be heard I have two concerns about this conversion. First, I believe, Mr. Lacey will be connecting to my sewer line. Can this sewer line handle the additional overload? Who will be responsible for repairs and possible replacement of that line, if that line is damaged in the process? That line is over forty years old. I have enclosed the Right of Easement that was signed with the City of Meridian and the property owner of 1422 N: Meridian Rd. I own that property and I have the Right of Way Easement. Is this development within the Rights Of Way Easement? Mr. Lacy has illegally located his pool within the Right of Way Easement boundaries over the sewer line! Presently I am working to get Mr. Lacey to follow the boundaries of the Right of Way Easement. The pool is not allowed to be in the present location. Mr. Lacy needs to stop building his pool and move his pool. Since Mr. Lacey chooses not to follow the law as stated in the Right of Way Easement I am hesitant to support this conversion. The second major concern I have about the conversion is the amount of vehicles at 1414 N. Meridian Rd. Mr. Lacy owns a pick up, and a Bronco. His daughter, who lives there, owns a Mustang. There is a woman living there part _time and she own a Cherokee. Then there is the boat and the trailer. The trailer often sits on the street and the last time it was there for two weeks. Where will all these vehicles park? When the town sweeps the streets the area in front of my house is never cleaned The cleaning vehicle can't get near my property due to all his vehicles. Mr. Lacy can't move his vehicles to the back since his illegal pool is blocking the way. I hope I am heard, and my concerns will be addressed. Sincerely, Jody Mahnken -j'LtLL-- 2-92 1 Nu 13 ; 2Y B lk 2 t HA Nu. eud i 1 =01 r. u(�iu4 M l� IiICHT OF WAY EASE�M This indenture, made and entered into this -_day of December , 1955, by and between F. E. Morford and TaeOme l�s cand and wire, Morford , of Meridian Idaho ,, as grantor and the City of Meridian, Ada County, Idaho, a municipal oorpora.- tion, as grantee, WITNESSED:- W`dERF.AS, the said grantor i.e the owner in fe0 simple of a parcel or land lying and being within tht corporate limits of said City of Meridian, Ada County, Idaho, particularly described as follows: !�7 s;:rin of l �n,r lr: r'rPt, wide e.,a 21.6 �- - p c; ::ru ,:;r, 16 feet of the ywsst'One-halfv of thelNcrth1246 feet. 01' ::lock L,, \uur•se ys Third Addition, Meridian, Ad;, ��unty, iu•r:,•�. Also st.r•ij•,; 01' l:fnd 4 feet wide extending .from the lateral SLIWEr wes:• t,r•iv c.o the ooundsry of adiotning property in tfr�: ti0rtn .:t,: feet of Kock 4, Noursers Third Addition, County, Idaho, The sewer p1ne on said land shall be laid not more than six feet west 01' the east boundary of the above described property. AND WHEREAs, the grantee herein desires to construct a pipe line for conveying sewage upon and across the Above described lam: in connection with additional sewer lines and sewage troatMent plant authorized by bond election in $aid city held August 30, 195! THEREFORE, in consideration of the VUZ of one dollar ($1.00) la:rful money of the United States and other good mad valuable oon- aideratiun in hand paid, the receipt for which is hereby aaknow- ledged, the undersigned, F. L. Morford and Tacoma Morford do_ hereby give and grant the City Of Meridian, its succeasors, and assigns forever, the right to lay, maintain, operate, use, re - Dail and remove a certain pipe line fcr oonvoyi.ng aiwage through, over and across the above described_real property for the purpose aforesaid. W' T .. ' olac c rHA- TYU, Said pipe and pipe line shall be laid under the surface of the ground and the soil around the same shall be packed rea9onably level with the surface of the ground. The grantee shall at all times have full and free aeeees to the right of way for said pipe line for Any necessary purpose connected with the use, operation, repair and enjoyment of said pipe line, and shall have full and free access at all times through its agents, servants and employees, to and across tho above described lands of the gran;sor for all purposes connected With this easement, This easement and the conaidorations paid thereunder are Agreed by the undersigned grantor to be ir. full settlement of al.l damages which in ar,y way or manner may be sustained by reason oi' the installation, construction, repair, use and occupancy of the said pipe line thru and across tho within dasoribed lands of the said grantors, except as herein soocifleally stated, DATED This --,- day of T Cect;mber , 1955, GAANTO C s • s -- O r 1 S T TE OF , r t ) County of da ss. I On this day 0- undersigned a No tar 1955, be1'or Y Publla in and for a M°► the aPpear.,d F said State, E. Morford and Tacoma blvrfor personally Person s who executed t, d husband and Wife he -foregoing inst ► the to rye the (they) rument and aeknewladged Y) executed the 8aM e. IN WITNESS '^'xEREOF • T have hereunto set MY official seal the day Me Y hand end affixd written, Y and year in this certificate first a bone Not y puor a _--- Residences Meridian FL`� SrATF: (;I.,. Th'� in�tipm, : ;�; � �'�•r ��� :...1 ..i u��• 1a rtt9y� m ffy r��, �,.,tuatt nf._sc�arG-.11. ': ..,•k G{..tir..:t�.. _ � .C,il��,.�""^�. l) � �, I _ j i..�ln�• o/..�� ............ .S :i:a-u,s �%.� 19.��► Recorded in ........... VaRN T110ef,j$ �•-�—". r.x uhiciu � I'c X'1•_ . . o., C ((DD °' (7 o D m o Cn n =« 3 (D (D r« ZD onO o(�vCD nZ (ncn o (D=«vo 0 o (Do m oo. aai(D (n o � w o m Cn c QID (D (D Q (D C; !v o v — (D 2 D Q- w (n w o w w 0 o S C/ m `< v -0 S D w °- n: ° v m N U) _° n cD a- D �' (D CA w 0 cn r. c n v rn v Q �� o = cD O w CL ° n m r- S c a (fl _ zr (D ° w ° (n (D � o _� w C CD a - (n 3 -o = O c - m 0 w -a c O Z D S< m a v -a (D c ( v w o a- = r- (D 0• v v (cn �► _ ? o cn Q a ° ° ° o cn co w w r. o cD w ° w m S S o 3 -+ o a o (D 3 c n (D O Cn w cn ° D. (D (SD n (D W Z D c (D Q n a si cn w c w -a o c n (D O O O r (n w a w 0- -0 :3 -0 w -* D cD n p r((D < 00 Z3• O m `� �, w m ° (n (n o `\`\��,,n ►rr !/ 3 w w o m D w c0 w _S C (D CL (D 3 C7 (D(D m ui O oy_ (7 wO O' D O(n a Q rp < (D -a n Uj D "a 5 c O(nn (D(S ° w . ' L '�o a nN o (SD t{IIl4 S RFcE-TvED O C T 13 1998 CITY OF NIERIDIAN 10:35 Arn APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions and Law. ROLL CALL COMMISSIONER BORUP VOTED COMMISSIONER SMITH VOTED COMMISSIONER DEWEERD VOTED COMMISSIONER NELSON VOTED CHAIRMAN MALCOLM MACCOY (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for the use set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law, and any other conditions required by the Meridian City Council. MOTION: APPROVED: 101298-Final DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE r- 4 August 1998 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 RECErVED AUG p 7 1998 CITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 P2, Phones: Area Code 208 ^ ' _ C OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 RE: Conditional Use Permit for conversion of garage to bedroom and bathroom in C-C zone for Mel A. Lacy. Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above referenced application. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 i �azl ECET\7 Y P z- R D Q4 AUG 1 0 1993 CITYIWIDM August 10, 1998 � AUG City of Meridian Cj 199 Att: William. G. Berg, Jr., City Clerk � This letter is in response to the Notice of Hearing that the Planning and Zoning Commission of the City of Meridian is holding at the Meridian City Hall on the evening of August 11, 1993 when it will be reviewing and considering the application of Mel A. Lacy for a Conditional Use Permit. His property, 1414 N_ Meridian Road, boarders the North of my property at 1402 Meridian Road. One of his requests is to take the existing unattached garage which sits on our property lines and remodel it into an apartment with a bathroom for his daughter. He recently purchased the property and appears to by a nice, agreeable neighbor with a nice family. Our two driveways are side by side and we have worked out a system of parking on the extreme far side of our driveways to enable us to "jockey" second and third cars in and out of our single drives. Between us we have a number of vehicles. Some need to be parked on the street and my concern is that if this apartment is ever rented or transferred to another owner it could present a problem. At this time I can see no way of providing for more cars. I would like to state that I am therefore asking that this apartment arrangement be non -transferable. I do not want to make enemies of my neighbors, just want to protect my property value. I have told them I will not contest their request to make a bedroom apartment for their daughter, but am concerned about the future and how it will affect the value of my property. As I will be out of town for the hearing it was suggested that 1 put my concerns in writing. Thank you, etty Y i ��4�2f� 1403 Meridian Rd Meridian, Idaho 83642 RECErVED O C T 0 9 1998 BEFORE THE MERIDIAN PLANNING AND ZONING COMMIS IN THE MATTER OF THE APPLICATION OF MEL A. LACY, 1414 N. MERIDIAN ROAD,; THE APPLICATION FOR CONDITIONAL USE PERMIT FOR THE CONVERSION OF GARAGE TO BEDROOM & BATHROOM, S. W. CORNER OF BLOCK 4 OF F.A. NOURSE'S THIRD ADDITION TO MERIDIAN, MERIDIAN, IDAHO CITY OF ITERIDLAN ;3 = 3o Pm FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDATION TO CITY COUNCIL The above entitled conditional use permit application having come on for public hearing on August 11, 1998 and August 31, 1998, at the hour of 7:00 o'clock p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearings scheduled for August 11, 1998 and August 31, 1998, before the Planning and Zoning Commission, the first publication appearing and written notice having been mailed to property owners or purchasers of record within 300 feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the Planning and Zoning Commission at the August 11, 1998 and August 31, 1998 public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and §11-2-416E and 418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. The property is located within the City of Meridian; that the general location of the property is at 1414 N. Meridian Road, Meridian, Idaho, and described in the application which description is incorporated herein. 4. The applicant is the record owner of the property and has filed a written request for a conditional use permit. 5. The Meridian Planning and Zoning Commission 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, Ord. No. 629-Jan. 4, 1994 and Maps FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE and the Ordinance establishing the Impact Area Boundary. 6. The subject property is currently zoned (C-C), Community Business District. The zoning of the Community Business District (C-C) is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408B(9). 7. The proposed application requests a conditional use permit for the subject property to be used for the conversion of the garage into a bedroom and bathroom for the property. The C-C zoning designation within the City of Meridian Zoning and Development Ordinance requires that a conditional use permit be obtained for most uses including the request by the applicant. (Meridian City Zoning and Development Ord., Section 11-2-409). 8. The applicant testified at the public hearings that the particular characteristics of the subject property make the proposed conditional use desirable. 9. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 10. The Assistant to the City Engineer, Bruce Freckleton, and the Meridian Planning and Zoning Administrator, Shari Stiles, have submitted comments, by and through a Memorandum dated August 7, 1998, and by and through testimony of Shari Stiles during the public hearings on this matter. Such report and comments are hereby incorporated herein. 11. The Central District Health Department, Meridian Building Department, the Meridian City Police Department, the Nampa & Meridian Irrigation District, the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE Fire Department, and the Meridian Sewer Department submitted comments which are also hereby incorporated herein. 12. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. 13. The proposed use within the subject application will be harmonious with and in accordance with the Comprehensive Plan in this Ordinance. 14. The use proposed within the subject application will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or attended character of the general vicinity and that such use will change the essential character of the same area. 15. The use proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The use proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The use proposed within the subject application will not create excessive additional requirements at public costs, for public facilities and services, and will not be detrimental to the economic welfare of the community. 18. The use proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE production of traffic, noise, smoke, fumes, glare or odors. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. To occupy and use real property which is designated and zoned as Community Business (C-C) District within the City of Meridian for the conversion of applicant's garage into a bedroom and bathroom use requires approval by the Commission as provided for under the City of Meridian Zoning and Development FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE Ordinance, 11-2-409. 5. The Commission has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding but the following standards are met (Section 11-2-418, City of Meridian Zoning and Development Ord.): a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, 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; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE r i. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 6. Prior to granting a conditional use permit in a Community Business (C-C) District, one (1) public hearing shall be conducted with notice be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for conditional use permit all in accordance with the provisions of Section 11-2-418(e) City of Meridian Zoning and Development Ordinance. 7. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Section 2-418(f), City of Meridian Zoning and Development Ordinance.) 8. When the Commission approves a conditional use permit it may impose conditions of that approval that reasonably: a. Minimize adverse impact on other development; b. Control the sequence and timing of development; C. Control the duration of development; d. Assure that the development is maintained property; e. Designate the exact location and nature of the development; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE f. Require the provision for on -site public facilities or services; and g. Require more restrictive standards than those generally required, in this Ordinance. 9. Having made the afore stated Findings of Fact and Conclusions of Law, the City of Meridian Planning and Zoning Commission hereby approves the proposed application for a conditional use permit for the uses set forth hereinabove with the following conditions: a. All requested conditions set forth within the memorandum of Bruce Freckleton, the Assistant to the Meridian City Engineer, and Shari Stiles, the Meridian Planning and Zoning Administrator, dated August 7, 1998 be complied with. b. All comments and conditions set forth by the Meridian City Sewer Department, Meridian Building Department, City Police, Fire District, Central District Health Department, and Nampa & Meridian Irrigation District must be complied with. 10. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 11. It is hereby recommended by the Meridian Planning and Zoning Commission that should the applicant meet the afore stated conditions that the requested conditional use permit for the use set forth hereinabove be approved by the Meridian City Council to the applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE r APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions and Law. ROLL CALL COMMISSIONER BORUP VOTED COMMISSIONER SMITH VOTED COMMISSIONER DEWEERD VOTED COMMISSIONER NELSON VOTED CHAIRMAN MALCOLM MACCOY (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they deny the conditional use permit for the use set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law, and any other conditions required by the Meridian City Council. MOTION: APPROVED: 100998-Final DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 CONDITIONAL USE PERMIT - MEL A. LACY CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE i HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 TRANSMITTAL 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 & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 4, 1998 TRANSMITTAL DATE: July 20, 1998 HEARING DATE: Auuust 11, 1998 REQUEST: CONDITIONAL USE PERMIT FOR CONVERSION OF GARAGE TO BEDROOM & BATHROOM IN C-C ZONE BY: MEL A. LACY LOCATION OF PROPERTY OR PROJECT: 1414 N. MERIDIAN ROAD TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER _CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL YOUR CONCISE REMAR CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: 4- A _ ,L (� PHONE:_ '%y OSSyd ADDRESS:! GENERAL LOCATION: 2 45d-oce DESCRIPTION OF PROPOSED CONDITIONAL USE: I ,P/l l �X l 5 % ,/ %I'C, Z_-'Z X 2- q &j1z_,01A1&- iAzEo w /Ty:�l ►%511�= / rT��I/mil: I certify that the information contained herein is true and correct. Social Security LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by the property generally described as located at _ SUBDIVISION, BLOCK , LOT TO for /.3 L ck - y oF t=--, A. 11 Lw i� -> S e7S 77/ 77t,-(Io---- lz ken Z &YAMAW Tv m doom R� D �� z _ irs LSD,-ab� a u o �1 ORDER NO. 97069f"- MM\LM ' EXHIBIT "A" PARCEL I BEGINNING at the Southwest corner of Block 4 of F.A. NOVRSEIS THIRD ADDITION TO MERIDIAN, as shown on the Official Plat thereof, filed in Book 7 of Plats'at Page 200; records of Ada county, Idaho; thence North along the West boundary of said Block 4 a distance of 70 feet to the REAL PLACE OF BEGINNING; thence North a distance of 60 feet to a point on the West boundary of said Block 4; thence East parallel With the North boundary of said Block 4 a distancelof 150 feet to a point; thence South parallel with the West boundary of said Block 4 a distance of 60 feet to a point; thence West parallel with the South boundary of said Block 4, to the REAL PLACE OF BEGINNING. PARCEL II BEGINNING at the Southwest Corner of Block 4 of F.A. NOURSE'S ADDITION TO MERIDIAN, as shown on the Official Plat thereof, filed in BOOK 7 of Plats at Page 200, records of Ada County, Idaho, thence; North 70 feet, thence East 150 feet to the READ. POINT OF BEGINNING; thence Fast 73.5 .feet; thence North 60 feet; thence West 73.5 feet; thence South 60 feet to the REAL POINT OF BEGINNING. V I'1V'DV L Vl VwVQ VVV Vw1V JUL-16-08 THU 11;26 AM FAX NO, P. 01/02 J=Ax it THIS FOAM FURNISHM COVRTUY Of: j. D010 HAVARRO bOISP ID All TrME & ESCROW CORD, 097 SEP 26 PM `1 FEE 'DEP READ APFROWDBYGRANTM)RECORDED AT THE HEOUEST QF SPAC$ ABOV B T= LUM POP. I=ORDINQ DATA (0531) ,• order' No.: 97069671 MM\LX WARRANff DEED r.oR VALUE RECEIVED DEIARIS K. DAVIS,., an. unmarried. person GRANTOR(S), does(do) hereby, GRANT, BARGAIN, SELL and CONVEY unto MEL A. LACY, an unmarried man GR.ANTEE(S), whose current addresi 13: 1414 N. XMIDIAN RD. r MERIDIAN, IDAHO 83642 the following described real property in ADA County, State of Idaho, more particularly described as follows, to wit: As sat forth on the attached EXHIBIT, "All ,.vhiah by. this reference becomes a part hereof,• , t',; ;• :�. Iq N J A-06 < 7 10,AY4 Z-- 5E-WE-2 � �u� 7-�'.� or, M awl D1AV , rQ T 3!a vz tog -- 5�rs, - as-�,/o To W f- 0 0, 1, IT A&A , CpAke/ P-N' i I MFL- A. l-fit-Y Do A&RIFE- 'iD P057- N ic6 O F yet y1 APPc t GP -r(01V a 1= G OA16 17rd1tjA G. U5E' A5F-R/ 1 [ nNJZ' W C=7.EK pidR Ta i HE- MElE rl 116, w ~r'i4 «l A 50 10 FT PAO 1005 7-Itl-e 98' ,W ..( " Aw _.jl = _ /+. - , '.4 �. �:.s a �_�t� - 6-------- ._ . — 33 e .t �i •ram.= - _. �_ - P� e' • /8 17 — EL M f --- t J . j I vi.v• �-' 1 } } J L _ S - MAPLE AVE / 8 / ¢ �/ -' _ _ .._. 23- 8� MA �7 6 'S Cl.-IELLIA AVE RRY 14 FLl r?Enf. CH RR`(` Y_ � /,;,•v- I� '> � 3 --- - - r8l7l �5-j 4t I L AZ19S'f,�1�6' row 14 S7-� 9 wASNiNGTON STo � O A I T 14 i� iG /7 is -Ifb ; Ty"R14 r- -p i CAR<`TON e 9 8 9 8 9 a qI vill 1I•t11 1 I l� L I . $ S Tq Tr LION -- —. r j r -T T- _i- T� 7 °� I iTi'� (T` i I1(o W �. l pl y --r- °; 27 3, , e° L i� --- 167, 17, z (b I 2 q 4 - UIL -2-92 THU 13:29 BT&E 2 FAX NO, 2083775861 N. U2/UPI y T� CAnc?.r� ae l�utl�lu D Yt/ ear,. Wj RIGHT OF WAY EAmm This indenture, made and entered into this „gip, day of __December 1955► by and between F. E. Morford and Tacoma iutsolnd and wife, Morford,/ , of _ Meridian, Idaho as grantor and the City of Meridian, Ada County, Idaho, a municipal oorpora- tion, as grantee, WITNESSED;- u W`-riEREAS, the said grantor iv the owner in fee simple of a parcel of land lying and being within the oorporate limits of said City of Meridian, Ada County, Idaho, particularly described as follows; ,; s;:r•ip of 1•in.r l.- . I*f—t wide and 20.6 fee;, lone, id sari 16 fuet of the West One-half of theraHcrth 3.6 feet. oi' :dock 4, Nour•se's Third Addition, Meridian, Ad;x ���nty, TU rr,•�. g Also strip; of kind S feet wide extending .from the lateral sewr:r wesLeriy t.o thy-: uound:iry of adjoining property in ttr,s Rortn .N.,; feet of Block 4, Nourse's Third Addition] N,criai-irr, ,a, County, Idaho. The sewer p1pe on said land shall be laid. not diore than :.... six feet wear of the east boundary of the above described property. AND WHEREAS, the grantee herein desires to construct a pipe line for conveying sewage upon and across the abnvn described land in connection with additional sewer lined and sewage treatment plant authorized by bored election in said city held August 30, 1955. THEREFORE, in consideration of the sum of one dollar ($1.00) lawful money of the United States and other good a,p.d valuable oon- aideration in hand paid, the receipt for whloh is hereby acknow- lodged, the undersigned, F. b. Morford And Tacoma Morford, do_ hereby give and grant the City of Meridian, its suooessors, and assigns forever, the right to lay, maintain, operate, use, re- paii and remove a certain pipe line far oonveying swage through, over and across the above described real property .for the purpose � aforesaid. s .. ., ,- ..: �-`e inu i,).,)u ... olar- L FHA- 11U,-t�Ud3i-ibbbl-------- } U&U4 dF r Said pipe and pipe line shall be laid under the surface of the ground and the soil around the same shall be packed reasonably level with the surface of the ground. The grantee shall at dll times have Pull and free aoeees to the right of way for said pipe line for any necessary purpose connected with the use, operation, repair and enjoyment of said Pipe line, and shall have .full and free access at all times through its agents, servants and employees, to and across the above described lands of the grantsor for all purposes oonneeted with this easement, This easement and the considerations paid thereunder are agreed by the undersigned grantor to be in full settlement of All damages which in Any way or manner may be sustained by re5.son of* the i^otallation, construction, repair, use and occupancy of tho said pipe line thru and across tho within doscribed lands of the said grantors, excopt as herein soocif'ieally stated. DATED This -:�e day of T Cect;mber , 1955. MANTO 3 r� _ r 0 STI TE OF r county of da On this day or ecember�� 1955 berore me undersigned, a Notary, the Publia in and for said state, personally aPPearod Y, r:. Morf',,,i Person s who executed the foregoing ingt A ta anti wife , the rument and acknowledged to rye that uhe (they) executed the ,0. i IN WITNESS WHEREOF, I have hereunto set MY official seal the dayd MY hand and affixed and Year in this Wri t ten. certificate first abote 115) Noiwdpau Q �--- Residenaes Me idian, d h. o ._ $'PATE: UI•' R�,;II:i, f'rr;•;J i �' !)f• AI)A pF 1'h1A tet 01A rn.r.0 � w+C..',,./ ,rk G�, 5f.. :I / .Jn�• �(. �ill..t� ...................... ftecom*4 If, hrpuly VLRN T110ATA9 Y.ts Ohiciu ..ecur..rar • ........,.. 6M� � .0 AI 500 p��N ci 071 VACANT' f 8.1 f I OL�lG Q GLEANOS o .(WovnwA,to)° f- y J MIST L '° Q -----�� L - - — 297. b Vn p G� Nc�Elt.� 1t�a0 '�?oLQ aIv � , E r5O r i y jr' ✓ - ✓- Q OL K' 67 6 - - 4 r a 9 �7 67 m Gcf)-c SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary July 28, 1998 City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Re: MCU-19-98 1414 Meridian Road The Ada County Highway District (ACHD) staff has received and reviewed the application and site plan for the item referenced above. This item will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to require Commission review. All future design plans 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 in writing by the District. If you have any questions please feel free to call me at 387-6177. Sincerely, Barb Kamp Development Analyst cc: Project file Chron file ada county highway district 318 East 37th • Boise, Idaho 83714-6499 Phone (208) 387-6100 9 FAX (208) 345-7650 • E-mail: tellus@achd,ada,id.us _: .x' .�"< ��_ �.. e � � r'