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HomeMy WebLinkAboutVan Auker, Ronald VAR 02-014MAYOR Robert D. Come CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless t CITY OF ~r~^' ' C~ri~icn-:ti t~ IDAHO Keith Bird `~r s T x `~~ PLANNING AND ZONING -'~- 19 3 (206) 8845533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn:. Will Berg, City Clerk, by: 10. 2002 Transmittal Date: August 29, 2002 Hearing Date: File No.: VAR 02-014 Request: Variance to permit splitting off a 12-acre parc Your Concise Remarks: a 40-acre parcel of ground in an I-L zone for Ronald W. Van Auker By: Ronald W. Van Auker Location of Property or Project: 2170 West Franklin Road David Zaremba, P/Z Mo vaa, vac, ~I Jerry Centers, P2 Ma vaq vac, ~ Leslie Mathes, P/Z (ro vaq, vac, ~ Keven Shreeve, P/Z two vaa, vac, r,% Keith BOrup, P2 trro vaR vac, ~ Robert Corrie, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service tmvars,vac,rr7 Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PARKS & RECREATION (208 888-3579 • Fax 898-5501 PUBLIC WORKS (208)898-5500 •Pax 887-1297 BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 17, 2002 in the southeast comer of Bureau of Reclamation rF>~~ Idaho Transportation Department Mafrl Ada County taz omyl Meridian School District Mo~1 Meridian Post Office tFamroxrl Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. tFVivr aryl U.S. West rF~~xb Intermountain Gas rFwrro„m 33 EAST IDAHO • MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Oftice Fax (208) 888-4218 Human Resources Fax (208) 884-8723 CITY OF MERIDIAN Planning & Zoning Department 660 E. Watetower Ln., Ste. 202, Meridian, ID 83642 (208)884-5533 Phone/(208)888-6854 Fax „i~ ,~ _ fian~-„ ~ ~_ ~t4 VARiANi'F. APPi,iCATiON (RE• Meridian Zoning Ordinance-11-18, Meridian Subdivision Ordinance-12-11) -02 - p/y~ APPLICANT: Ronald W. Van Auker ADDRESS: 3084 East Lanark, Meridian, ID 83642 PHONE: 887-7994 FAX: 887-7998 E-MAIL: bmillerCvanauker.com OWNER{S) OF RECORD: Ronald W. Van Auker ADDRESS: 3084 East Lanark, Meridian, ID 83642 PHONE: 887-7994 FAX: 887-7998 E-MAIL: bmiller~vanauker.com ENGINEER, SURVEYOR, PLANNER: Anderson David & Associates ADDRESS: 1401 Shoreline Drive, Boise, ID 83702 PHONE: 363-0058 FAX: 363-0800 E-MAIL: GnaCuswest.net ZI'1O ADDRESS, GENERAL LOCATION OF SITE: W. Franklin Road +/-43 acre >1. West of Linder on the north side of Franklin Road. PRESENT ZONE CLASSIFICATION: I L PRESENT USE OF SUBJECT PROPERTY: Hav Field PROPOSED USE OF SUBJECT PROPERTY: Licht Industrial DESCRIPTION OF PROPOSED VARIANCE: P m a c ion o s p t i o a 1 a parcel in the south east corner I have read the information contained herein and Signadue of 5. Meridian City Code (MCC) 12-03-O1A requires that any person desiring a subdivision of land to submit the necessary application(s) to the Planning and Zoning Administrator. Typically the necessary applications are a preliminary plat application, a preliminary/final plat application or a final plat application. The definition of a subdivision in the MCC (11-2-2) is essentially the creation of any new lot or lots within the City of Meridian, including the creation of just one new lot. Furthermore, there is no allowance within MCC for a one time lot split. 6. )f we, the applicants, are required to subdivide the property as required by the MCC, it will be many months before we will be able to get a building permit for the new SSC building. The SSC needs to have a building started as soon as possible to replace their old burned building, and they need a place to expand their business within the City of Meridian in order to accommodate the growth of the City. The proposed location is appropriate for this use and time is of the essence for approval of this "lot split". 7. The subdivision definition of what a subdivision is needs to be reduced to allow for a "lot split" to take place without the requirements of the Subdivision Ordinance. 8. If a variance to the Subdivision Ordinance to allow a "lot split" is not granted by the City Council the SSC will have to look for property outside of the city limits for a new location, or continue to operate in the same an undersized, burned out location that does not fit the SSC's needs until such time that a plat can be recorded, (typically a 8month to one year process). 9. The SSC has been involved in trying to find an appropriate location within the City of Meridian for many months (i.e. Utility Subdivision) and has been unsuccessful is doing so. The recent fire at their current location has accelerated the need to find a new location that will meet their growing needs. 10. The special conditions and circumstances affecting this property and the SSC are described above. 11. The MCC allows for the subdivision of land in the City of Meridian, unfortunately it just takes more time than is practicable for this particular "subdivision" of land. 12. The fact that the property has not been subdivided previously is not the result ofthe applicant's unwillingness to do so, but rather the need to subdivide the land did not appear until the present. 13. No special privilege will be granted to the applicant by the issuance of this variance. The land will still need to meet all of the development standards as other land within the City of Meridian. 14. The granting of the variance will save time and may keep a Meridian business from having to look outside of Meridian in order to expand. 15. Chapter VII, Goal III of the City Comprehensive Plan is to "Ensure that Adequate public services, including transportation, for existing and future development are provided" We, the applicants, feel that supporting the SSC relocation to a new lazger lot within the City of Meridian is helping to ensure public services to existing and future developments. 2170 W. FRANKLIN RD. PROPERTY OWNERS WITHIN 300' MORNING GLORY OWNERS AS50C INC LOZA RAFAEL & 625 N MINERAL WELLS LOZA MICHELE MERIDIAN ID 83642-0000 2099 W SNYDER DR N OCEAN AVE MERIDIAN ID 83642-0000 W SNYDER ST COOK CASEY E & WORMINGTON ELLIOTT C COOK NIKI R WORMINGTON JUDY 2087 W SNYDER DR 2313 W SNYDER ST MERIDIAN ID 83642-5474 MERIDIAN ID 83642-0000 HUFFMAN D MICHAEL SHURTZ THELDA HUFFMAN MARCIA W SHURTZ ROD A 11359 W HICKORY LOOP DR 923 W WANDA LN BOISE ID 83713-0000 HEYBURN ID 83336-0000. 2073 W SNYDER DR 2195 W SNYDER DR BITTNER MICHAEL J HONG GREGORY J & 3369 PIERCE ST HONG NANCY F SAN FRANCISCO CA 94123-2001 1903 W SNYDER DR 2065 W SNYDER DR MERIDIAN ID 83642-5472 KAYLER AMANDA G BOWENS ALFRED R JR 6 2043 W SNYDER DR BOWENS SANDRA A MERIDIAN ID 83642-5474 2173 W SNYDER DR MERIDIAN ID 83642-7602 SWINGLE DAVID N & SWINGLE PEGGY J HENDERSON RANDALL R 1917 W SNYDER DR 2159 W SNYDER DR MERIDIAN ID 83642-0000 MERIDIAN ID 83642-7602 BURKETT JEFFREY P $ KOLKA KIRBY BURKETT C ROXANNE 2137 W SNYDER DR 2019 W SNYDER DR MERIDIAN ID 83642-0000 MERIDIAN ID 83642-5474 KANE DANIEL MARTIN & MCDOUGAL MICHAEL A KANE MICHELE M 2001 W SNYDER DR 2115 W SNYDER DR MERIDIAN ID 83642-5474 MERIDIAN ID 83642-7602 WELK RANDY M & WELK LORI J 1989 W SNYDER DR MERIDIAN ID 83642-5472 BAUM AARON M 1967 W SNYDER DR MERIDIAN ID 83642-5472 OLDENBUR6 GARY B & OLDENBURG BARBARA J 1945 W SNYDER DR MERIDIAN ID 83642-5472 MORROW WALTER W P O BOX 770 MERIDIAN ID 83680-0000 2340 W FRANKLIN RD VAN AUKER RONALD W 3084 E LANARK MERIDIAN ID 83642-0000 2170 W FRANKLIN RD MARTIN SWIGERT LLP 6236 E HUNT AVE NAMPA ID 83687-0000 W FRANKLIN RD EVAN THOMAS M BEVAN SUSAN K 4202 N MARCLIFFE AVE BOISE Ip 83704-2771 1950 W FRANKLIN RD S T ENTERPRISES LLC 4202 N MARCLIFFE AVE BOISE ID 83704-0000 1870 W FRANKLIN RD CALNON ENTERPRISES LIMITED PARTNERSHIP 2215 W FRANKLIN RD MERIDIAN ID 83642-5441 CALNON WILBUR F 2155 W FRANKLIN RD MERIDIAN ID 83642-5441 MAHATHY ANTHONY C MAHATHY PATRICIA A PO BOX 6256 BOISE ID 83707-6256 2075 W FRANKLIN RD VAN HEES LARRY D VAN HEES CAROLYN 8870 N GADWALL LN BOISE ID 83714-1288 1845 W FRANKLIN RD w 0 0 0 w 0 0 w 0 0 m o° 0 0 ~o rt yz C n Z L~~ C j ~7 0 0 ~~ i~ _ _ ____20P-0'OF RMAOAU RICMOFWAY -_-_-_____ __- ' - ~ ~ e u•rsew~ w i i ~ ___________I ~_____ecreaso'n __u±+n ______ r_ `\ \\ _-__-__ II \\•. ~\ •. ~ ~\ •. ~'~'. ~ ~.~ ~ ~ . I ~~•~~ I ~ __~ '~~~. j ~'~`~. •'~~~. ~ •'~~~. i ~~~~ I I ~ ----- I~ M' e sruar w I •~ ,a _~ \\ Ig --=~=~ •~~.I ~~ ~ ~. ,~~ I I ~I I I _rr__ ~-- MASTFA SITE PLAN r.w•-a AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) [, Ronald W. Van Auker 3084 (name) Meridian (city) (state) East Lanark (address) being first duly sworn upon oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: Ronald W. Van Auker 3084 East Lanark, Meridian, ID 83642 (name) (address) to submit the accompanying application pertaining to that property. Dated this 2. I agree to indemnify, defend and hold the City of Meridian and it's employees hartnless from any claim or liability resuhing from any dispute as to the statements contained hereut or as to the ownership ofthe property, which is the subject ofthe application 21st Idaho day of SUBSCRIBED AND before me the day and year first above written. J.d'auG 46'7Qi®i oB~ >° v(4o~o00000000o d. °so® Ot Public f r Idaho ti oe O~ A'R y ®®~ A Residing ar .V(~t-A%L~ Y ~,~,.®®~ ~ ~ I/ My Commission Expires: 7~J ~'1' m®c@ ~~J ~~~~~ ~p Lm m °ooe~~9 aE'Ds' ,e> ~~ Rev. ? ; ~1= NO. 97068920 KS EXHIBIT "A" TRACT I: The East Half of that portion of the South Half of Section 11, Township 3 North, Range 1 West, Boise Meridian, described as follows: BEGINNING at a point on the South line of said Section 11, 1172 feet West of the Southeast corner of the Southeast Quarter of said Section 11, running thence North 1492 1/2 feet, to the Idaho Central Railway right-of-way; thence Westerly along said right-of-way, 1750 feet; thence South 1494.7 feet, to a point on the South line of said Section 11; thence East along said South line 1750 feet to the PLACE OF BEGINNING. TRACT II: That portion of the South Half of Section 11, Township 3 North, Range 1 West, Boise Meridian, described as follows: BEGINNING at a point 2047 feet West of the Southeast corner of Section 11, Township 3 North, Range 1 West, Boise Meridian, on the South Section line thereof, running thence North to the Idaho Central Railroad right-of-way; thence Westerly along said right-of-way 364.5 feet; thence South to the South line of said Section 11 at a point 364.5 feet West of the POINT OF BEGINNING; thence East along said South line 364.5 feet to the POINT OF _~_ Sign Posting Affidavit zl~fl Ronald W. Van Auker hereby agrees to post the property located at W. Franklin Road with the city required notice of public hearing signage at least 7 days prior to the scheduled public hearing on the variance request. STATE OF IDAHO ) ss: County of ADA ) On this 21st day of August, 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared Ronald W. Van Auker known or identified to me to be the person that executed the foregoing instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereto set my hand and affixed my official seal the day and year in this certificate first written. (~~ h~ N a ~Publicfor er a~°~~~~ Dn~~~,,,. R Ing et My commission expires: •~~ ~OTA$~s ~e. e e S ® R D ~Y® ~ M B p~ni~ ~ ~ O A V J Y~ ® mi @~~~~0~~ ~i®~~ TNR POAM PURNLSHED CDURTFSY OF: J.GA '. ,.. ,~UCIiOGI: ~. o:,,,_ ~ ,,,.,;~.r;o BOISE 10 TITLE ALLL4NCE TITLE & ESCROW CORP. -,WANGE '97 S99EP l0 PI1`~ti 4, , 8 , ,}~ RH/,D&APPRCVaD BV ORAN'IE9(al:~~ FEE.L~--~_ - /A-~~~~"~~'''// RECGP. ~itG ST PJErNE GESTO R900 SPACE ABUVH THIS LWH FD8 RHCORDWO DATA Order No.: 97068920X% WARRANTY DEED POR VALUE RECEIVED E. BOYD BAXTER and MAXINE M. BAXTER, husband and wife GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto RONALD N. VAN AUKER, a married man GRANTEE(S), whose curtest address is: 3084 LANARK, MERIDIAN, ID 83642 the following descrbed real property in ADA County, State of Idaho, more particularly described as follows, to wih As set forth on the attached EXHIBIT "A", which by this reference becomes apart hereof. TO HAVE AND TO HOLD the said premises, wids their appurtenances unto the said Grantee(s), aM Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant m and with the said Grantee(s), that Granmr(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all errcutnbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suRered or done by dte Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including urigatlon aM utility assessments, iP any) for the current year, which are not yet due and payable, and [hat Granmr(a) will wartram and defend the same from all lawful claims whatsoever. Dared: September 04, 1997 E. Boyd Baxt~e/r /~ ~.~-- -- M_ gy't1G l'l I`~rtk101T Maxine M. Baxter i STATE OP IDAHO, County of Ada, es. On this ~O"~/F day of~ in the year of 1997, before me, the undersigned, a Notary Public in and for said State, personally _~/ appeared E. Boyd Baxter and Maxine M. Baxter known or identified to me to be the persona whose names are eubacribed to the within instrument, and acknowledged to me that they executed the same. Signature: Name: Reelding At: My Commission expiree: crrv ur eri~icn 33 E. Idaho Ave. Meridian, ID 83642 ^' n M1Nr~/1 Me ~f 11F,A]'U PF.VN~Ty '~03 °aon o~< am ° awn ° C+7 w I--I y. I ' 7 LT] K K- 77 L d Q - n ~I-HO ~ muZ ~ 9 O ;H K z° ~~ ~ w m DmG Y i Ox7 ~ 0 ?y ~ ~ . O -I < t I ~° ° m zz ozZ ~ Axc ~ ~ ~' m • : ~' ~ x r ru H z w v ° r ~ ~ O* w w d\ O 4. a ~ n r N z ~ y .. ~ (n r m w O m ~ fox . O ro mm~ +' ° N ~~ o~a __ W i ~ N ~~~ r fO n ~ D N Y 0 0 y C l y C N- M' ° w I~ I Q N ~ O O N m •~ Q7 o 0 -Q ~ N 89e[uMy lu nWUhy. 0.u4[an u[4. ~°em N 2~-(~~ ,I U Phone CASH CHECK q NAME ON CHECK IF DIFFERENT THAN APPLICANT (a~-11 ~ ~' l~lC~-~'lJ`-~ • ~~~ i`~--~ 2~r0 w ~ ~ i i I i i i i i i i i I i I I 1 I I I INT DOES NOT INDICATE ACCEPTANCE OF APPLICATION TAX Receives O ey TOTAL ~ ' ~~~