HomeMy WebLinkAboutKent Mortensen MI-02-006
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR WAIVER OF THE
REQUIREMENT OF TILING OF
THE RUTLEDGE LATERAL FOR
KENT MORTENSEN, 521 WEST
BROADWAY AVENUE,
MERIDIAN, IDAHO
PINNACLE ENGINEERS, INC.,
APPLICANT
C/C 01/07/03
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CASE NO. MI-02-006
FINDINGS OF FACT
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING REQUEST FOR
WAIVER OF THE
REQUIREMENT OF TILING OF
THE RUTLEDGE LATERAL
The above entitled matter coming on regularly for public hearing before the City
Council on January 7, 2003, at 7:00 o'clock p.m. at the Meridian City Hall located at 33 East
Idaho, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, Clint
Boyle, and James Buck, appeared and testified, and no one appeared in opposition, and the City
Council having received a report from Brad Hawkins-Clark Interim Director for the Planning and
Zoning Department, and the City Council having received as part ofthe record of this matter the
recommendation to City Council of the Planning and Zoning Commission, makes the following:
FINDINGS OF FACT
1. The subject property is located at 521 W. Broadway, Meridian, Idaho.
2. The owner of record is Kent Mortensen, 933 W. Chateau Avenue, Meridian,
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR WAIVER OF THE
REQUIREMENT OF TILING THE RUTLEDGE LATERAL FOR MI-02-012 " 1
Idaho.
3. Applicant is Pinnacle Engineers, Inc., 12552 West Executive Drive, Suite B,
Boise~ Idaho.
4. The proposed application requests a waiver ofthe requirement of tiling of the
Rutledge Lateral by Pinnacle Engineers, Inc. for Kent Mortensen.
5. The applicant proposes to convert the approximate 1,300 sq. ft. house into an
office with the detached garage becoming storage for the office. Additionally, the applicant will
construct a new approximate 3~600 sq. ft. garage for the storage of fleet vehicles. The garage will
have two overhead doors on the north wall and three overhead doors on the south walL The
design will allow for fleet vehicles to pull through the garage without having to back out.
6. The public interest does not appear to be served by piping this small section ofthe
Rutledge Lateral, but in fact could serve as a problem area for adjacent properties if the ditch was
piped.
7. The Applicant, Clint Boyle, submitted a letter dated November 25, 2002 which
addresses several issues with the piping of the lateral.
CONCLUSIONS OF LAW
1. Approval of this request for waiver of the requirement of tiling of the Rutledge
Lateral is based on the information and testimony provided by the applicant. The existing chain
link fence provides some protection from the Rutledge Lateral; that the commerciaIlnon-
residential use of the site typically implies fewer children that would be exposed to the area; that
if the area was tiled it could create safety issues for the adjoining properties; that it would not be
practical to pipe such a small portion of the ditch; that ultimately the piping of the lateral could
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR WAIVER OF THE
REQUIREMENT OF TILING THE RUTLEDGE LATERAL FOR MI-02-012 _ 2
actually be a detriment to the public interest; and that the Nine Mile Creek, which is immediately
south ofthe Rutledge Lateral, is not tiled.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code 9 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1. The applicant is hereby granted a wavier of the requirement of tiling of the
Rutledge Lateral, based upon the infonnation and testimony provided by the applicant, and due
to the existing chain link fence which provides some protection from the Rutledge Lateral; that
the commercial/non-residential use of the site typically implies fewer children that would be
exposed to the area; that if the area was tiled it could create safety issues for the adjoining
properties; that it would not be practical to pipe such a small portion of the ditch; that ultimately
the piping ofthe lateral could actually be a detriment to the public interest; and that the Nine
Mile Creek, which is immediately south ofthe Rutledge Lateral, is not tiled.
By action of the City Council at its regular meeting held on the 2( q;r day of
"'Cr~CV1-vl , 2003.
V
ROLLCALL
COUNCILMAN BIRD
VOTED~
COUNCILWOMAN deWEERD
VOTED~
COUNCILWOMAN McCANDLESS
VOTED~
COUNCILMAN NARY VOTED~
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR WAIVER OF THE
REQUIREMENT OF TILING THE RUTLEDGE LATERAL FORMI-02-012 - 3
MAYOR ROBERT D. CORRIE
(TIE BREAKER)
VOTED
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Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney.
Dated: ! -- ~/-- tJ 3
Z:\Work\M\Meridian\Meridian J5360M\Mortcnsen Kent MJ-02-012\FlClsQrd MJ-02-0J2.doc
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR WAIVER OF THE
REQUIREMENT OF TILING THE RUTLEDGE LATERAL FOR MI-02-012
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