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HomeMy WebLinkAbout3PC Building CZC 07-024NOTE: This is not a Building Permit Prior to anv construction, you should E IDIAN- contact the Building Department at (208) 887-2211 to verify if anv IDAHO additional aermits aid/or inspections will be required by the Meridian . CERTIFICATE OF BONING COMPLIANCE* r _. Date: October 17 -2007 _-- _ .. -_ ~ a., . , ~ .~ . . _ .... ,_ _ , -- Project Name/Number: 3 P CO Building -CZC-07-224 Owner: Michael C. Palmer Site Address: 1524 and 1608 N. Meridian Road Proposed Use: 5 216 square foot addition to existing building and 11,041 square foot new commercial building for retail and office space Zoning: Comments: Conditions of Approval: Project is subject to all current City of Meridian ordinances. The issuance of this permit does not release the applicant from any previous requirements of the other permits issued for this site (see Palmer Building/Cherry's Consignment Home Furnishings VAR-OS-016, CZC-OS-083 and CZC-OS-142). Site Plan: The Site Plan prepared by James Gipson Associates, on September 28, 2007, labeled Sheet A1, is approved (stamped "Approved" on October 17, 2007 by the Meridian Planning Department) with no changes. Landscape Plan: The Landscape Plan prepared by James Gipson Associates, on September 28, 2007, labeled Sheet A2 is approved (stamped "Approved" on October 17, 2007 by the Meridian Planning Department) with no changes. The approved landscape plan is not to be altered without prior written approval of the Planning Department. No field changes to landscape plan permitted; prior written approval of all material changes is required. Prior to final inspection and sign off for this project, a written certificate of completion shall be submitted to the Planning Department, prepared by a landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. Elevations: The Elevations prepared by James Gipson Associates, on October 1, 2007, Sheet A6, are approved with no changes from the Planning Deparlme}~t. Irri ag tion: An underground, pressurized irrigation system must be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15. Protection of Existing Trees: Any existing trees on site must be protected or mitigated for in accordance with the Tree Preservation section of the City's Landscape Ordinance. Per UDC 11-3B-10, coordinate with the Parks Department Arborist (Elroy Huff, 888-3579) for approval of protection/relocation measures for the existing trees prior to construction. Any severely damaged tree must be replaced in compliance with UDC 11- 3B-10-C.5. Parkin :The existing parking areas shall be paved and striped in accordance with UDC 11-3B. Project engineer/architect shall certify that the number and size of handicap-accessible spaces conforms to the Americans with Disabilities Act (ADA). Handicap accessible stalls must have signage in accordance with ADA standards. Curbing: Per UDC 11-3B-SI, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff. Sidewalks: All sidewalks shall be constructed in accordance with 11-3A-17. Sidewalks shall be constructed prior to occupancy. Drainage: Storm water drainage swales shall not have a slope steeper than 3:1, shall be fully vegetated, and shall be designed in compliance with UDC 11-3B-11 and UDC 11-3A-18. Fencing: Any required or proposed fencing shall be installed with current fencing standards as defined in UDC 11-3A-7. Li~ghtin~: Lighting shall not cause glare or impact the traveling public or neighboring development and comply with lighting standards as defined in UDC 11-3A-11. - Si ng awe: No signs are approved with this CZC. All business signs will require a separate sign permit in compliance with UDC 11-3D. Trash Enclosure: All dumpster(s) must be screened in accordance with UDC-11-3A-12. Trash enclosures must be built in the location and to the size approved by SSC. Handicap-Accessibility: The structure, site improvements and parking areas must be in compliance with all federal handicap-accessibility requirements. ACHD Acceptance: All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning staff for approval prior to the issuance of a building permit. Plan Modifications: The approved Plans stamped "Approved" on October 17, 2007, are not to be altered without prior written approval of the Planning Department. No significant field changes to the site or landscape plans are permitted; prior written approval of all changes is required. ~, Jenny etch Assistant City Planner *This letter does not indicate compliance with requirements of other departments/agencies, including, but not limited to, Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year from the date of issuance if work has not begun. ~ 11. nL~, ~i . •~~ 1.' M •'i 1't'S)F Yi~y ~~1~ Y~.f e1-~r~l~-yj ~~ ~ • 1 Planning Department ~, ~. ,' IUAHt't ti .p ADMINISTRATIVE REVIEW APPLICATION Y/. ~~~ ~t~~~~~1,-u~~ Type of Review Requested ( that apply) ®Acc~essory Use ^ Alternative Compliance STAFF USE ONLY: r J ®' CertiEcate of Zoning Compliance `File number(s): ~iC ~ Q~- - Z ~1 ^ Conditional Use Permit Minor Modification ~ • •.~~® ^ Design ~eview ~ '~ • ' r -' ^ Private Street ~ ect name:, r: '( l~ ~ ~`~ „~ r~ ~~ 1~ ^ Property Boundary Adjustment •' ~ , ~I~d. "` '` a :~ ^ Short Plat ' ^ Temporary Use Certificate of Zoning Compliance ~~ ~ $ ~la?inef: Je `~°~ . ~- • 1 u - ^ Time Extension (Director) . ~1:;= °- s '' " ^ Vacation '~~ t~~~ ; ~ t _ • ~ D •~ t ^ Other '• ~' "" i~ :t , - _ _ ~ ..rR'$ 1. T Applicant Information ~~ Y ~~ ~" "~ '~ Applicant name: lam' cc.l.~A~t ~-ti-~W Lt~n • Phone: ~(o( - lc'35 {~ ~~ ~~ Applicantaddress: ~'Z'ira ~. (~afLrrrC3~u-"~ - G; CA`C"' '~O Zip: SS.~~I ~, ~7 a, r a ~~ n .~ ~, Applicant's interesriin ppc'~ty: Own ^ ReI C~ O"ptioned ^ Other ~ :~ .; - '~' ~M ~ P ~ z.w. ,2. r ~ ~ Phone: +~ Ia ~' •-' Owner name: ti S c,. Owner address: i ~-"t ~ ~ Pc~r, t3~c~ ~'`t' ~A ~~ ~. D Zip: T~ l .~. Agent name (e.g., architect, engineer, develor, representative): /~ ~'Tc~7' .~'r4 +~ (~i ? s `~ ~J Fiirmname: ~~,:k.es ~aso.1 ,~5a~~.a~.~ r a - Phone: `~;3`~-~'•~3~ ~ n Address: ~ ~ 0~ 1 %-` ~ i _E~ ~~ „'~'~ ~~, ~ Zip: ~3 6 l b • ~ ~• '~.~. Primary contact is; Applicant ^ Owner ~] Agent ^ Other ~: r Contact name: i~'i - ~~ P A `.+etw.~,A.. Phone: g ~^~.~ l Q S G~ c~ ~ ~~ E-mail: !U~-~ ~1 ~• w~:t- ~. ,C'2 `~7 ~ . Gera Fax: ~•r.~ r: Subject Property Information ~' 8I'• 1 k Locatiori/street address: ~5`2~ ! _^cs~s . ~t(o 1J +at~~,i ~•® M>~'a,.i d e.ti~.s p Assessor s parcel number(s): ~. Township, r'~ng~, section: " ~ - - Total acreage: /. Current.land use: ~ L~~~ d v-~'~~ Current zoning district: YS _ _ .. In ~~ r ~.~ ~ - "' ~ 6b0 E. Watertower Lane, Suite 202 Meridian, Idaho 83642 Phone: (208) 884-5333 Facsimile: (208) ~88-684 Websit `rev°>.1~®v.meridiancity.org ~ •x _ ss.n~: ti ~ * ?rf~ ~ ~ :'r ~ . `~~ 1 Y3~~ ~.. (Rev. ~.R~2d~0~ : r; ~ ~'u •e ~ ~ ~ _ ^ r. Y.fi1~~'Cs I I f~ :ii ~~~. GSA. Project~e~scription rte! Project/subdivision name: ;~ ~ Ca ~~.*~_ 2Gt g ~- ~~ -, - a i ~ ~ General description of proposed project/request: ~~r3; xut.T ~, . ®y t C~:.M~-~ ~a `- 6+,+:~.~.Di.J ~ ~c°'T'A IL AhfA 6~'il~ 5'.~q cG Proposed zoning district(s): ~ ~ Acres of each zone proposed: (° ~ Type of use proposed (check all that apply): ^ Residential Commercial ~fficn~ ^ Industrial ^ Other Amenities provided with this development (if applicable): P/Jlt~era~, ~ L9~~ISC~-P~ Nf U Who will own & mantain the pressurized irrigation system in this development? ®~ "~ ~--~~ 1~ P~ ~-~ Which irrigation district does this property lie within? A~1 lt2/t.1~t1r•ae.~a tt~a,'*~-n- Rv,~m s./;>~ , Primary irrigation source: ~-~-~° w krr~:~ Secondary: 1~,1aN ar ~~, Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): ''~` "t~1 • ,. Residential Project Summary (if applicable) Number of residential units: Number of common and/or other lots: Number of building lots: Proposed number of dwelling units (for multi-family de~ elopments only): ~ r ~ 1 Bedroom: :;r 2 or more Bedrooms: '' ~ Minimum squares footage of structure(~J ~exch gazage): ~ Proposed building height: ~~N~rnimum property sizf~ (s.f): Average property size (s.f.): ;~ ~~ Gross densit j~ (DU/acre-total land): Percentage of open space provided: Percentage of useable open space: (See Chapter 3, Article G, for qual~ed open space) Type of open space provided in acres (ire., landscaping, public, common, etc): ~~ Type of dwelling(s) proposed: ^Smgle-family ^ Townhomes ^ Duplexes ^Multi-family :: Net density (DUlacre-excluding roads & alleys): Acreage of open space: Non-residential Project Summary (if applicable) Number of building lots: ~ Other lots: Uioss floor area proposed: t 1 e n `~ ~ Existing (if applicable): 5.t1 ~ a" iS~J ~~ Hours of operation (days and hours): •7'r& A _ Building height: ' ~' .~V Percentage of site/project devoted to the following: Landscaping: `~ ~~+~ Building: 3 ~~a `r' Paving: Total number of employees: ~f ~i 4 Maximum number of employees at any one time: ~ 2 ~~ `T b ~ Number and ages of studentslchildren (if applicable): V N k-/s +~ °~ Seating capacity: N A ~s, Z Total number of parking spaces provided: Number of compact spaces provided: Authorization Print applicant name: ~U~,tl ~~ ~ pA+.-as-~GR.. Applicant signature: ~ ~° ee.P Date: ~+°7 w 660 E. Watertower Lane, Suite 202 Meridian, Idaho 83642 '~ r., Phone: (208) 884-5633 • Facsimile: (208) 888-b864 Website: wnvw.m#idiancity.org ''~' ' M ~... n! uad 4 Meridian City Council Planning and Zoning Department 660 East Watertower Lane Suite 202 Meridian, ID 83642 Dear Sirs: September 28, 2007 We are planning construction of a 11,041 square foot commercial building on two lots zoned CC located at 1608:and 1616 North Meridian Road, Meridian Idaho (see attached deeds for legal description). The new building will be located adjacent to Cherry's Consignment Furniture (1524 Meridian Road), currently in the process of being remodeled. Both buildings will share common parking on all three lots. Previously we applied for and variance and CZC approval for modification of pazking spaces and landscaping. See attached approval numbers; VAR OS-016 and CZC-OS-0142. The commercial building will be utilized for the following type businesses: Furniture store Proposed retail Proposed office 5,124 square feet 5,227 square feet 5,227 squaze feet M We will retain the three old growth trees on the property by designirtg landscaping aid parking azound them. ~~ One 2212 square foot 2 bath building has akeady beef removed. The other 2100 square foot 3 bath building will be demolished after completion of the new building so the existing tenants will be able to continue to operate their business during construction. The existing tenants will move to the new building upon completion. We would like tk3 request credit for 4300 square feet of our new building from the building department and ACRD for our impact fees, since we are removing 4300 square feet of exis~ing buildings. Thanks for your consideration, ,i Michael C. Palmer 866-1056 ~~ ~~~; e y / ~ b jt,, • ~/Lt ~ 1 ~~ Q ~ 1 1~ J ~s ~n ~ i i 1p ~ oiiti izs l1D11=0001lTY RECORDER J. DAVID RRVi4RR0 AIAOUNT 9.00 3 ~` q IOISE IDAHO O7/i3/E6 04:35 Pll II!! I 1 Ii I ' and ~t'ICa RECD EO RECUEST OF (II If (~f(~~I~(f~((I ~', __ ~rsni Ttay~asan rI~ 1@509 fflllfl(Nl~fl( ~:.. ~.~ ~~r ~. crow No. 0500029712 ~~ WARRANTY DEED ^~ FOR VALUE RECEIVED RONALD C. GRIEP and PATRICIA E. GRIEP, husband and wife GRANTOR(s), docs(do) herby GRANT, BARGAIN, SELL AND CONVEY unto: Pat Palmerr, s married ~ man as hie soles and separate propeerty ~ GRANTEES(s), whose curtcnt address is: 890 E V~LI.I HI I.li EAGI.~, ID, 83616 the following descril~d real proFerty in Ada County, Statc ofIdaho, more particularly dtscrib~d as follows, to wit: SEE EXHIBIT "Y~~' ATTACHED (Contintw~d) ,L ~ ~ r. ~~:~ '7! ~~ TO HAVE AND TO HOLD the said peemiess, with their appurtanancea unto thm said heirs end assigns foravzr. And the said Granbr(a) does(3o) heteby covenanito and with tht4 said Grantee(s), that Grantor(s) is/aft;'~th'~ owatr(s) in fc~ simplt; of said pt+"smisirs; that said premises azE' free from all enpumbrancdS EXCEPT those to which this conveyance is ~xpisssly made sub,~et and those made, suffered or do~ieby tht Granttt`js); and subject to reservations, restrictions, dedications, Caserri~nts, rights of way and ag<otn~nts, (ifany}ofrecord, and general taxes az;d assessments, (including, irrigation aed ~,tility ~~ assZSSat~nts, if any) for tkie can-ont yarar, which are nae yat die and payable; aad that Grantor(s) will warrant and dtfisnd the same from all lawful claims whatsoever. Date: June 23, 3005 ,~_. _._. ~-- r on~1d C. Grip P ricia >!. ~1?e, ~~-~Q,~ .~ x Notary Acknowledgment - se_e page 2 r ~? ,~ S.".S ~ ~N ~ 'P r.~ ~, `~ L'i ''.{. ~~ ~ ~ ~`.I n t ~:~.. ~. --- -- ~ - - - f ~% ~~ ' ' LEGAL DESCRIPTION (continued) ^ EXHtBIT'~A` ~ ~I ~Ts°- .-S P~cel tl of Record of Survey No. 2788, recorded hierch 2, 1994 as Instrument No. 94019327, of Official Records, being a portion of the South 180 feet of 81ock 6 of THE AMENDED PLAT OF F.A. 7 NOURSE'S THIRD ADDITION, in the Northwest quarter of the Northwest quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at the comer common to Section 1 and 12, Township 3 North, Range 1 West, and Sections 6 and 7, Township 3 North, Rance 1 East, being a brass cap in the intersection of - ~` Cherry Lane and Mreridian Street; thence'alQt~ the Westerly line of said Section 7, being along the centerlinekof said Meridian Street; South 00°24'19" West 230.28 feet (South, 231.10 feet); thence North 89°37'48' East 323.99 feet (East, 324.60 feet) along the Northerly Ine of the South 180 fei"t of Block 6 of THE AMENDED PLAT OF F.A. NOURSE'S THIRD ADDITION per plat recorded in Book 7 of Plats at Page 299 in the Ada County Recorder's Ofijce; thence South 00°33'16" West (South 0°10' West), 86.00 feet along the We~erly line of a parcel descriled i~ Instrument No. 605122; ttYence - Nq~th 89°37'48`-East, 13.11 feet along the Southerly line of said Instrument No. 605122 to a point in the Westerly Ire of a parcel desc~ed ~n Instrument No.~52005; thence South 00+33'16" West (South 0°10' West), 5.14 feet along the Westerly line of said Iristrurnent No. 652005 to the Southwesterly comer thereof; thence Notch 89°$7'48"'East, 150.89 feet along said Instrument No. 652005 to a point in the Westerly sideiirie of East First Street; thw~rce w' Soyth 00°33'16= West 88.86 feet abng said sideline to the Southeasterly comer of said Blosk 6; thence South 89°37'48' West 247.50 feet along the Southerly line of Block 6 to the Southeasterly comer of the Westerly 200 feet of said Bbsk 6; thesce ~ ' North 00°24'1 g`' East 65.00 feet along the Easterly cline of said Westerly 200 feet of Block 6 to ~' the Northeasterly comer of The Southerly 65 feet of the Westerly 26N1 feet of said block as descrit~d ie Instrument No. 881069, the TRUE POINT OF BEGINNING; thence South 89'37'48" West 200.02 feet along the Northerly line of said Instrument No. 8810691 to a po[Ot ~ the Easterly sid~yne of Meridian Street; thence ;, ~ North 00°2'19' East, 65.00 feet along said sideline to a Point in the Southerly lime of a p Gfi eb ~ Instrument No. 7857491; thence arcel des b ' North 89°37'48" East. 200.02 feet along the Northerly line of said Instrurment No. 7857491 to a point ~ the Easterly line of the Westerly 200 feet of said Block 6; thence South 00°24'19" ilUest 65.00 feet along said line to the TRUE POINT OF BEGINNING. ~:. ;~ ~~ :~:, •. --~ ~- :~ "vWk ' MJARRANTY DEED -NOTARY ACKNOWLEDGMENT(S): 7 State of Idaho, County of Ada, ss. On this day of June in r of 2005, before me, the mdersigned, a Notary Public in and for said State, pcrsonally a ared Ronal ~ . Griep an dPatricia E. Gripe known or identified to me to tie the person(s) whose na (s) is/are subscribe to the within instrument, and acknowledged to me that he h ey ex ut d the same. Nirck e H Hoge Residieg at: Eagle, ID rrr'``~t~• ~ ~' ~ My commission expires: 03/23/07 J ~,~' ~`i 4 ~yiy,, ", ~. O ~Jf i t 7~1 gad • tt:, .. ~ S ~ ~•.. . • '~~rlo~ •., Il 810 ' '~~••... :< i SSY G M u_'r. ,~:; ,: ~ ~ ,. ~, a ;~ sue; i-~ '~ cr i¢ ' ~ 15z4 ~ M~R-i 01 ~3~s ~ - fi : ~~f?U~'a~%S WARRANTY DEED For Valua Racsived KIM L. CHERRY and L. KAY CHERRY, Husband ~5nd Wife, ~~ the grantors , do hereby grant, ba;din, sell and convey unto JOE PALMER a'nd LESLIE PALMER, Husband end iliife, the Santee s , ishosa current addrssc is, 1524 Meridian Street, the folloKdng dssirribed premises, to-wit: Meridi~8n, Idaho 83642 The West 200' of the North 103' of Block 5, Nourse's Third llddition, 'accordYng to the official prat thereof, files in Bgpk 7 of Plats at Faa3e 299, Records of Iddtt County, Idaho. '•~ Except ditch and road rights of way. Subjact to thtft certS~in ote i;nd Deed of Trust in favor of Nils Rae Hall Willi a Single Woman, recorded as Instrument No. 8802031, Records of A!a County, Ida'1~,. 9y036788 '' fir, `;' •'. G.:tti CUitUER BOISE ID BOfSE TITLE i ESCROW '94 flPR 20 PPl `t0 J FEE ~ ~ G . _' ~"~`'~ n RECORDED A'~ 1 }+~ .E tS OF w rst~ nIX Y_ a ~• # ~ TO HAVE AP>•D TO BOLD the s~}d premised, with their ~ppurtenOnce~ unto the •asid Grantees, their heixy and ~a~g-lforever. Aid the std Grantor sdo hereby covensmt to and with ths.said Gusntee s, that they ale the owner s in fee sfmple of said premises; that Said premisaR die flee from all incumbrancea and that they will warrsnt and defe d the samsfrom dill Iswful claimawhstsslv9P. Dztald: S ember _~_, 188. ~ / C~ ~/J ,n STATE OF I1~AHO~OUNTY OF STATE OF IDAHO, COUNTY OF Oa Chili diq of S ., 19;x$$ I hereby certify tln3 this i~lttnmeat wda !fled for record a2 before me, ~not$y pnMic in'ikmd for d Stptte, p~iaon~lly the regnbst of ~ ~pPM*.~ ..~ ~, .: ~ ? 11tby Cherry IXlm N. ~ an~:.L• ~ cR4 minutely p}~ o'clo~ m., h _ f>s~ ~' ~ HuS '~?,. d~a ' ~ this ~ of , s ~+ _ ;: '° • , ;. ` ~ . in mT o~ and ilnlyh#oriad is Book ~+r^•"••; •'- .. • . ~ of Deeds knaxgtgr3~tld,lst>.}fnrn~- %'~e ~ Nym~¢ are c idil•cr'>1~TO'~a ivithirt. M~nsut, ~nl sckt~nliadrsd to ' ~they _ ~ ~ siarited thlraaxeptt ro~:fhi't .~ 'tI r3'i .41t ~ Ex-O~io Recorder ; 4~ . ~- - ' ' Br xoti~y* Pnblic ~t~in~lalf ~' -•~• , ~:: , ;: Y • ; • , Ida~p ~ F~q = D,Pati 4t~~~~/~,7~ ~mm. p-? Ifail to: F "' ~ ' ~. s %+ ~a ~ k: _ ~~Y -~ .. REODRQED • RED~i~ST OF :.. AQa COEtNTY R~Ct1RDER ~ ,~ ~ - •- ~. OAYIf3 HAYARItO FEE=J==~U~Y _ .~- ~ r;O~SF. lOMHO 2~a2 ~~ ~ B aM s: s 4 10 2 Q 8 0~6~85 ROBERT L. AI.DRIDGE, CHARTERED ~. ei:-.,~ -. ~ ~. ~ .~, ,,~j•t' Attomey at Law ~ ~ ~ • f 1208 North Eighth Street BdlSe, Idaho 83702-4297 a` Phone: (208) 336-9880 Fax (208) 356-9882 ., '° Idaho State Bar N41296 Attomey for Surviving Spouse V IN THE DISTRICT COURT OF-THE FOURTH JUDICIAL DISTRICT OFTHE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA ~~ ) Case Ns SP IE 0240295M IN THE MATTER OF THE ESTATE OF ) Eldon Charles PalmQr, Jr., ) DECREE VESTING ESTATE Deceased. ) IN SURVIVING SPOUSE Upon consideration of the Petition for Summery Administration of Estate in Which Survivirpl Spouse is Sale Beneficiary find by Vella A. Palmer on June 14, 2002, the Court finds that: 1. The facts set forthnin the petition are true. 2. The required notice has been given or waived. ~ '~ 3. The decedent, Eldon Charles Palmer, Jr., died on February 16, 2002, domiciled in Ada County, Idaho at the age of aevenfijr (70) years old. n 4. Venue is proper. 5. The decedent and Vella A. Palmer name ware duly married on December 26, 1952, at Vale, Oregon, and remained married until ~ date of decedent's death. ~ ,, ~ ;, I¢I 3S.?i ~ 6. The surviving spouse, Vella A. Palmer, is the sole heir of devisee of the decedent. '~ 7. The decedent died testate, leaving a Will dated May 10, 1976. The Wi11 was validly executed and is the last Will of the decedent. 8. the schedule of property attached to this Degree is a full and_camplete invtntoiy of the prd~perty n, owned by the decedent and properly characterizes the property as community a separate property. ~~ C Decree Vesting Estate in Surviving Souse, Estatia of Eldon Charles Palmer, Jr., Deceased '` Page 1 ~•. ~`• ~ a}; rr G: ~~ r. Q ~~~ ~ N 3 ink THEREFORE, rT IS ORDERED, ADJUDGED AND DECREED AS FOLLOWS: 1. Vella A Palmer is the surviving spouse of the decedent and is the sole heir or devisee of the decedent. • 2. The property of the decedent deso~ibed on the schedule attached to this Decree is hereby vested in and distributed to Vella A. Pain~er free and clear of all right, title, claim, or dstnend of an+~ z person or persoAS cla~rjng or attempting to claim under the estate of the decedent as heir, devisee, or otherwise, except as a proper creditor. 3. The surviving spouse shall assume and be liable for any and all indebtedness that might I~ a daim against the estate of the decedert~. ., ~~ ~ 4. There shall be no administration of the estate of the decedent • DATED: JUIy 16, 2002. ~ r~ • '~ i,`•~•J•~ -~ • Honorably John F. Dutcher, Magistrate • ~~ •.ti.M4 ..y S?ATE CF IGN'IO ~ ~ ~• ~ l i ~;~~/~'i~ ~ ~ ~I r.~.~::, I.,~~ .'~P; fig. e t % ~-i''~'!~:::~I,c crq• ~~ ~ ~ AVID •~';. ~ . ~~ ' • .. r - ~' ~ ~M~ tx ~s s, Decree Vesting Estate in Surviving Spouse, Estate of Eldon Charles Palmer, Jr., Deceased Page 2 ~.•~ ::~ _ ~; ':~ • ~ M n. m i.~. ,~.~, a: :~ ~. J~; i H ~; ~ r ~ c~ 'r. rsxz SCHEDULE OF PROPERTY Lot 08, Block 01 BUCKWHEAT ACRES SUBDIVISION, records of Ada County, Idaho - more commonly known as 889 West Valli-Hi Lane, Eagle, Idaho 83616 -community property Lot 07, Block 1 B~ICKVIiHEAT ACRES SUBDIVISION, records of Ada Coemty, Idaho - community property The West 150 feet of the Nwrth 106.8 feet (formerly shov~n of record ~as 106.Z feet) of the ~" South 213 feet of Bbcic 5, of amended plat of F.A. Nours~'s Third addition to Meridian, according to the official plat thereof, fled in Boak 7 of Plats at Page 29~A, official~reeQ~ds of Ada County, Idaho - more commonly kno~rh as 1522 North Meridian Road, =Meridian, Idaho 83642 - coir~nunity property . • 4. The South 65 feet of the West 200 feet of Blosk 6, of amended plat of F.A. Nourse's Thins Addition to Meridian, offiaal records ibf Ada County, Idaho -more commonly know as 1608 Nq~th Meridian Road, Meridian, Idaho 83642 - community property ~ _ 5. Promissory Note rnede between Eldon C. Palmer any Vella Palmer (Grantors) and Marie ~` .~~ ;aei L. Atwell (Grantee) dated October27,1999 in the amountof $215,000.00 as purchase price for a building situated at 11"' Street and Front Street in Boise. As of ley 24, 2002, the balance outstanding is 5185,541.98 -community property 6. ~ 1993 Cadillac Sedan OeVilie, ViN #~ G6CD53B3P4285584 7. iNells Fargo Bank Checking Account #1241037996064767541-0419 ~~ L £~ z'F ~~~ SFr: ~ ~: k ~i 1Y tti: ~,y'7. a. g ~° Decree Vesfing Estate in Surviving Spouse, Estate of Eldon Charles Palmer, Jr., Deceased ~ . Page 3 l~ s ~i a AFFIDAVIT OF LEGAL INTEREST ,~ STATE OF IDAHO) . COUNTY OF ADA ) ~~~ `~ name) +~ (address) ~~-~ ~ ~ (city) ~; ~ (state) 4 ~r being first duly sworn upon, oath, depose and say: 1. That I alg the rGCOrd owner of the property described on the attached, and I grant my permission to: ~ :~ (name) (address) ~•. to submit the~accompanying application(s) pertaining to that property. ~; '~ 2. I agree to indemnify, dgfend and hold the City of Meridian and its amploy+ees harmlrss from any claim or liability resulting from any dispute as to the stat~nts contained herein or as to the ownership of tha property which is the-subjact of the application. 3. I hereby grantpermission to City of Meridian staff to 'cater tht subjtct property for the purport of site insptc~ons relattd to processing said application(s). Datadthis ~. ~ day of Oc-`~~~~-- , 20 © S ;~ r~x~ s (S~~) ,~ ~~ ~ ~~~~ M SUBSCRIBEDE1~TI~ SVi~O~! to btfoie~me the~~ia and a~fus' t~~a~ov~ writt~5n. "~ ~ ~ -~ - _ - ... JC~1~~.;E L. C~~rPRTY - -- ~' '! ST,4TE pF ipp,~p Residin at: .. S ~ - -_ - __ - ~ .. - wJ Co~ssio~ Aires: '' .: y ~; ~~ 'A ~6 7?i .. x ~i - ~1 4 iyt :z AFFIDAVIT OF LEGAL INTEREST x~ STATE OF IDAHO ) COiJNTY OF ADA ) :~ I, ~A T ~ftc.a.~-~fL ~ Z. / J S ro.a ~W a'i'~'~ (name) (address) ~.4 G t£ ,~".U (city) (state) being fast duly sworn upon, oath, depose and say: 1. F That I am the record owner of the property dCscnbed on the attached, and I grant my percussion to: 1~,4 rJCrs ~,¢~,a,~~2 ,2Q~ ~ /~.voc.c. GrT- (namre) (add~sss) ,,; ~~, to submit the accompanying application(s) pertaining to that property. 2. I ague to indQmnify, defend and hold the City of Meridian and its Employees hammless from any claim or liability resulting from any dispute as to tl{~ statements contained hexe3n or as to the ownership of~the property which is the subject of the application. 3. I h~rCby grant permission to City of Meridian staff to enter the• subject property for the purpose of si4C inspections related to processing said application(s). ;: Dated this ~ ~TII day of ( _ )~ . 2_ ^4E ~l '~ i& •. ~~ (SignatilrC) :rc ~: ~ ra ~ ~ . ~ ~ :~s UBSCRIBEb AND SNOT to before me'the=day and year first a~ovc' written. ~ ~ •--' ice: .. .. may, _ nri,M~ 4 ~_ .~. 2i^ :j M S JOYCE L. C~.F FERTY ~lOTARY PUBLiC S~'ATE OF f DAHO Commission~xpires: ii us ~~~~ . `^~ 3: i~ r AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) ~- (name) (address) /(/Lest 9~.4w ~ ~ (city) (state) being 5rst duly sworn upon, oath, depose and say: '° 1. That I am the i2cord owner of the property described on the attached, and I grant my permission to: ,~J y. ~ ' J 1 ~1. t ~~ ~ArC.mrc:.iL ~ ~' b ~ K ~t-atc, GT E.~loci~ ~ ~ (name) (address) to submit the accompanying application(s) pertaining to that property. 31 2. I agtC~ to-ndemnify, defend and hold the City of Meridian and its ~mploj~ees harmless _~ from any claim or liability resulting from any dispute as to the statements contained herein or ~ to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for they purpose of site inspections related to processing said application(s). Dated this ~_day of~~r~ / . Z~~.]- ~~ .` _ ~~ (Signaturs) ~ _ ~ ~,, ~ ;,~ a. ~HBSCRIBE~D ~~ i ~ s~'t~above ~tt~ T. ` ' WO to li~fore me~th~`dhy an yea~:.t' V ~'~ {~ n J~YC~ L. _ otary Public Ida ~,~ ~ NOTgRY P FFERTY ~ R i at: t ti HO My Commission Expires: r k .. ., k ;~ H r' ~ I_. .....~.fPf~ MSR/D1.1/V .pts M4*f_~~PSR~ fy.!11!?*.!~tfew Ooe _R~1C. LIN=_ ~~ ~~ ~- :~ d ~~ 'F • ~ ~~ .'.' r . ~ ~: ~. s J i ~ ; C a ~i V ~~ ~ R~ n~ w • r ~ ~o~ . ~~. ~~" A ~ ~ri~~ ti~s SI ~ ~~ ~~~ .~. ti~~~ ~~ I ~ ~~ o ~~_ ~ ~~~~~ ~~ ~ ;~ ~ ~ ~ >~ ~j~~ i' y ~~ ~ ~~ ~0 ~~ 1 ~~~ ~~ ~ ~ ~~ ~~ ~~ k .~ ~~ ~~ ~~~ gar d~~l ~~~~ ~r~ ~ ~. ~~ I ]1 a, ~o :~ ~. ~~ ~t 2N ~`~~~~~ ~ ~' P ~~ ~v ~~~ AF ~ ~ ~ a ~~, . ~ ~ ~ tip' •ifE~~lpVy e • ~~~~~.. :i! S ~B ~~ ., Cr7Y OF '~~ eri~l~n U mono FORM PW100 MAYOR _.. Tammy de Weerd DATE; 10/01/07 CITY COUNCIL MEMBERS Keith Bird The folloYling address has been verified by The City of Aeridian Public Joseph w.Borton Works Department as valid for the project listed belour. Chazles M. Rountree David 7~ mba Project Ir~llme: PALMER BUILDING CITY DEPARTMENTS City Attatney/HR ,~ 7035.1dainStreet Address: 1608 N. Meridian Rd. 898-5564 (City Attorney) 898x503 (fiR) Fax 884-5723 Sulte #: Fire 540 E. Fr,~nklin Ro;d Zip Code: 83642 888-1234 / faz 895-0359 Paiits8i`Recreation LOt/ gIOGk/ SubdlVlSlon: 11 W. Bower Street 888-3579 /fax 888-5501 Notes: This Will be multi-tenant and suite numbers will be assigned as s 660 E. Witertower Street tenants apply. suite 202 884-5533 / fatc 888-6854 Police s" EACH SET OF PLANS WILL 13E REQUIRED TO CLEARLY REFLECT 1101 E. watertower street sss-6678/f>xs46-736~ THE CORRECT ADDRESS AND SUITE NUMBER (~F APPt_iC~B~E). Public Works 660 E. fA~tert°~~ street Karie Glenn Suite 2®0 898-550 /fax 895-9551 Department Specialist - Building, 66o E. w~tertower street Public Works suite 150 898-5500 887-2211 /fax 887-1297 glennk~meridiancity.org - Sewer (WWT~ 3401 N. Ten Mile Road 888-2191 /fax 88*-0744 - Water 2235 N. W. 8th Sheet 888-5242 / fAx 8841159 CITY HALL 3 EAST IDAHO AVENUE MERIDIAN, ID 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 ATTORNEY/ HR!~AX 884- 8723 FINANCE & UTILITY BILLING -FAX 887- 4813 MAYOR'S OFFICE -FAX 884-8119 ~~:, g/~ ( ~ • d« CITY OF _ ~- .~~ ~tF Ift ~` :~, eYi~icn - ~~ _ 1DAH0 ,I~ AC ~ ~i ~'3 ~~ r rr~ swe *1! ,1 x~Tr~ . ~ , ,~ e e:+ CERTIFICATE OF ZONING COMPLIANCE* Date: November 21.2005 Owner /Applicant: Joe Palmer 1524, 1608, Meridian Rd, Meridian Project Name: Palmer Meridian Buildings Phase 2, also Cherry Consignment CZC-OS-083 Project Address: 1524 Meridian Rd, Meridian 83642 Proposed Use: Retail (warehouse/ retail sales/office) 10,837 ~ °_ Zoning: C-G Comments: Conditions of Approval: Proj ect is subj ect to all current City of Meridian ordinances and conditions of approval for the Palmer Development and pazking/landscaping variance VAR-OS-014 and phase 1 of the Palmer Development CZC-OS-083. The issuance of this permit does not release the applicant from any requirements of the approved permits issued for this site. This CZC approval is for the entire site on three legal lots and will be for two attaching additions to the existing buildings and the ~z existing Cherry Consignment Building. The 30x40 addition to the west of the existing south building and an attaching 28x36 addition between the existing south buildings were approved under CZC-5-083. The additional buildir}~s aze to be attached to the south buildings, approximately 10,837 sq/ft. All buildings will have the same facade. .: Site & Landscape Plans: The Site/landscape Plan prepared by James Gibson Associates labeled Sheet 1, dated November 14, 2005 does not meet the scale requirements as depicted on the plans and is shown at 1/16 inch architectural scale. Staff has stamped the plans "approved" on November 21, 2005 by the Meridian Planning Department. These plans shall not be amended without prior approval. The site plan is approved with the following changes: 1) In accordance with the approved variance all compact stalls shall be striped and labeled as compact. 2) Ezisting Lan~scaping/trees along Meridian Road shall be maintained by the applicant in accordance to ACRD approval. In the future and at such a time as the existing trees are required to be removed. The trees shall be mitigated in accordance to the City Arborists determination and replaced in accordance to the standards as listed in UI,?,C 11-3C. The landscape plan is approved with the following notes: Per UDC 11-2B-3 and UDC 11-3B-9, there is a required 25-foot wide landscape buffer, with trees that create a barrier that allows trees to touch at maturity, along Meridian Road. VAR-OS-014 allowed the applicant to incl~.de 11 pazking stalls within the landscape buffer. However, upon further determination of the right of way line the applicant is showing on the plans dated November 14, 2005 that there is 27 feet between the ACHD ROW on Meridian Road and the future back of curb in the landscaping. Fourteen (14) feet of which is included in Meridian Road Right of Way and Thirteen (13) feet on the applicants property. It is advised that ACRD and the applicant enter in to a license agreement for design and maintenance of the landscaping in the fourteen (14) feet of right of way. The City of Meridian will require at a minimum vegetative undercover be placed in the fourteen (14) feet of right of way by either party. The following Changes are included as Red Line Changes -Add two (2) trees on both sides of the proposed Red Sunset Maple on the south side of the building so a barrier is created to the south; and 2) UDC 11-3B-5D requires a mia of tree species dependent on the number of required trees, there are fifteen required trees for the site and two tree species listed for future plantings, the applicant shall select another appropriate species as listed in UDC 11-3B-5A, all non-evergreen trees to have a minimum 2" caliper at planting and all shrubs to be from a minimum 2 gallon pot. Ensure that all landscape materials comply with City Code. See Redlines on site plan. 3) All groundcover shall be either sod or bark materials unless otherwise depicted. If a `permabazk' stone is to be used then a licensed architect shall certify that a minimum of 70% of the landscape area is planted as vegetative groundcover;~UDC 11-3B-SH. Except for the above-mentioned changes, the site and landscape plans are not to be altered without prior written approval of the Planning Department. No field changes to the landscape plan permitted; prior written approval of all material changes is required: Elevations: The Elevations prepared by the applicant are approved with no changes from the Planning Department. All facades within the project shall match in architectural design. Irrigation: An underground, pressurized irrigation system must be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15. rR Parking The proposed parking azeas shall be paved and striped in accordance with UDC 11-3B. Project engineer~azchitect shall certify that the number and size of handicap-accessible spaces conforms to the Americans with Disabilities Act (ADA). Handicap accessible stalls must have signage in accordance per ADA and signed "Van Accessible". Sidewalks: All sidewalks shall be constructed in accordance with 11-3A-17. Sidewalks shall be constructed prior to occupancy. Drainage: Storm water drainage swales shall not have a slope steeper than 3:1, shall be fully vegetated, and shall be designed in compliance with UDC 11-3B-11 and UDC 11-3A-18. Fencing: Any required or proposed fencing shall be installed with current fencing standards as defined in UDC 11-3A-7. Lim: Lighting shall not cause glare or impact the traveling public or neighboring development and comply with lighting standards as defined in UDC 11-3A-11. Si a e: No signs are approved with this CZC. All business signs will recgzire a separate sign permit in compliance with UDC 11-3D. Trash Enclosure: All dumpster(s) must be screened in accordance with UDC-11-3A-12. Trash enclosures must be built in the location and to the size approved by SSC. ~x Handicap-Accessibility: The structure, site improvements and parking must be in compliance with all federal handicap-accessibility requirements. ACHD Acceptance: All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the AHD requirements, a new site plan shall be submitted to the City of Meridian Planning staff for approval prior to the issuance of a building permit. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy. A Temporary Certificate of Occupancy may be obtained by providing surety to the pity in the form of a Letter of Credit or cash in the amount of 110% of the cost of the remaining improvements. A bid must accompany any request for Temporary Occupancy. Plan Modifications: Except for the changes mentioned above, the approved Site Plan, Landscape Plan stamped "Approved" onNovember 21, 2005, and Elevations, and are not to be altered without prior written approval of the Planning Department. No significant field changes to the site or landscape plans are permifted; prior written approval of all changes is required. _ jj ~~ ~~- eGuenther Associate City Planner ,a *This letter does not indicate compliance with requirements of other departments/agencies, including, but not limited to, Ada County Highway DistAct, Central District Health Department, affected irrigation district(s), Meridian Sewer, Water, Building or Fire Depar~nents, Sanitary Services Co., etc. This letter shall expire one (1) year from the date of issuance if work has not begun. .. ~ Y ,u 1:~ .~ .: ~. t. - C1TY OF ~rl~rcn ! IDAHO c~ T~~st,+~vnuE° MAYOR ~ sx Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Charles M. Rountree Shaun Wardle CTTY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 /fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 /nfax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 /fax 888-6844 Police 1401 E. Watertower Lane 888-6678 / 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 /fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 /fax 884-0744 r - Water 2235 N.W. 8th Street 888-5242 /fax 884-1159 .September 8, 2005 'Mike Palmer 264 East Knoll Court Eagle, ID 83616-6912 M Re: VAF~05-016 Order of Approval for a Variance~or Mike Palmer Dear Mr. Palmer, fu Enclosed you will find a copy of the above mentioned document as regards to your project pending witti~the City of Mert~dian. Please feel free to contact our office r~+ith any questions at 208-888-4433. Sincerely, WLIrJ~ ~Tara=Green Deputy City Clerk enc. ~r: V 5t ;! stG CrTx HALL 33 EAST IDAHO AvENUE ~ ME IAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 CITY ATTORNEY / HR -FAX 884-8723 FIlVANCE dz U'ITI..TTY BILLING -FAX 887-4813 MAYOR`S OFFICE -FAX 884-8119 Printed an ~'ecycled paler w~.Q Meridian City Council ~ July 25, 2005 Planning and Zoning Department 660 East Watertower Lane Suite 202 Meridian, ID 83642 Deaz Sirs: ~~ We are planning construction of a 10,454 square foot commercial building on two lots zoned CC located at 1608 and 1616 North Meridian Road, Meridian Idaho (see attached deeds for legal description). The new building will be located adjacent to Cherry's Consignment Furniture (1524 Meridian Road), currently in the process of being remodeled. Both buildings will share common parking on all three lots. f~: v ;~ We would like to apply for a variance to Meridian City Code 11-13-SB; specifically 52 pazking spaces are required for 15,596 square feet of building space. ,T'he lots are not large enough to accommodate the required pazking spaces; we would like to reduce the required number of total spaces by 7. Based on our projections, the 45 proposed spaces will be adequate for the type of retail and off ce spaces we will be leasing. Furniture store 5,124 ~quaze feet @ 1/400 =12.85 spaces Proposed retail 5,227 square feet @ 11100 = 26.14 spaces Proposed office 5,227 ~quaze feet @ 1/400 =13.07 spaces TOTAL 52 Spaces In addition to the above variance we are requesting a waiver from Meridian City Code 12-13-10- 4; specifically the 25 feet pazking sit back requirement from arterials. We would like to request ~`' a 6 feet set back apply to the l Om feet section of frontage bordering Meridian Road. By granting us this waiver, we will be able to relocate pazking originally drawn along the Southern edge of the 1524 Meridian Road property line, there by saving two old growth trees. We would like to propose the addition of 1928 square feet of landscaping in exchange for being able to pazk closer to Meridian Road. See the attached drawing depicting the variance in red, and the additional landscaping in gre;~n. The green outlined azea on the South edge of the property shows the location of the two old growth trees we are trying to preserve. C'rranting these variances will not confer on the applicant any special privilege denied to other lands~Fstructures or buildings in the same district. The property will be posted not less than 10 days prior to the public hearing. Posting will comply with City of Meridian Ordinance number 03-1007. Thanks for your consideration, Michael C. Palmer 866-1056 or 939-8486 ,,~. .~ kt'i ~I'~"'~ ; N~D~Al~T E~- S ~~' ~A~~, ~O~VCLUS~O!NS ~' ~.A~ A~NIp DECISION & ORDER Request for a"Variance from Meridian City Code (MCC) 11-13-5 (Schedule of Parking Space Requirements), for a Reduction in Parking Requirements and MCC 12-13-10-4 for required landscape buffer for proposed improvements to a three parcel site, in the C-C Zone for 1524,1608, and 1616 North Meridian Street, by Mike Palmer. Case No: VAR-05-014 For the City Council Hearing Date of: September 6, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed tQ property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice 0f public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the August 23, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were ~iven full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as ~~flected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The City Council heard and took oral and written testimony and duly considered they evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staffreport and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner of record at the time of issuance of these findings CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).VAR-OS-014 -PAGE 1 of 3 are Pat Palmer, Joe Palmer, and Vella Palmer who have given consent for the applicant to submit the requested application 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit B for the findings required for this application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 175," codified at Chapter 65, Title 67, Idaho Code (I.C. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental 'subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval aze imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Site Plan in Exhibit A. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which aze herein adopted, it is hereby ordered that: 1. The applicant is hereby granted a variance to MCC 11-13-5 Schedule of Pazking Space Requirements, in the C-C Zone of the Old Town Designation to allow for a reduction in parking requirements for a proposed rehabilitation improvements to the site. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may - request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).VAR-OS-014 -PAGE 2 of 3 .. concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review inay be filed. vZ. Please take notice that this is a final action of the governing body of the City of lbieridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Exhibits Exhibit A: Site Plan Exhibit B: Required'~'indings for Variance By action of the Ci ouncil at its regular meeting held on the hy~,, 2005. COUNCIL MEMBER SHAUN WARDLE a r; day of VOTED--~~~ VOTED--~~~~ VOTED ~~~'~ VOTED--~~~~- VOTED ~~ ~ .~ ~~ Department, Public Works Department and Attorney. By Dated: q- g ity Clerk's Office COUNCIL MEMBER CHRISTINE DONNELL .. COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) ~.~~ ,~~( Attest: .~` - ~. ~~~ _~ ~ o .,~-~ ~~~ William G. Berg, Jr., - ity Jerk - F ~ rt~~• :~ Copy served upon Applicant,'3~~~~~~an~1\\\~ing CITY OF IYIERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).VAR-OS-014 -PAGE 3 of 3 ;s~i EST A ,6 Falane~- variance ~JAI~-OS-014 • Site Plan :u ~s ~, ,. ,u~ 9 #•p1Rp~a MSAClQ6 ~EFK~/1 1 F~ ~. ~~. E~IIB:1T B Palmer Variance VAR-05-014 Required Findings REQUIRED FINDINGS According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings (MCCll-18-3), all of which must be determined before granting a variance: ` A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; Staff finds that the subject property, as depicted, is large enough to accommodate the required open spaces and landscaping required by the ordinance, but not parking. Variances for a reduction in parking requirements have recently (in the past two years) been approved for many properties in the downtown area, including Farmers and Merchants State Bank, Aromatic Sensations, Buich Office Building and Holy Trinity Charismatic Episcopal Church. The proposed mixed use building consists of 15596 square feet of ground floor retail, 10545 of new construction and incorporation of existing buildings. Ordinance requires one (1) off-street parking space per 200 s.f. of gross floor area for retail, one (1) off-street parking space per 400 s.f. of gross floor area for office, and two (2) parking spaces for each residential unit, for a total of 52 required spaces. The proposed site plan shows 45 off-street parking stalls, 1 of which is a compact space. B. That strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievements or the objectives of this Title; The City has adopted goals, objectives, and policies that support mixed uses within the Old Town district. If off-street parking be strictly required for all properties in Old Town, staff believes that a majority of the properties would be - restricted to a residential-only use and would not redevelop. Staff generally supports the redevelopment of the smaller, older lots in the original Meridian Township, as these conversions allow for more vibrant commercial areas. Staff Palmer.VAR `" Dlthibit B ~: ~ ~, ;~ finds that strict compliance with the City's parking requirements on this site would result in an extraordinary hardship to the developer due to the circumstances surrounding this property mentioned in the previous ~~mding. Further, staff fords that enforcing the conditions anti requirements of the off- street parking ordinance and required landscape buffer will inhibit the objectives of allowing Old Town to be a mixed use area. C. That the granting of the specified variance will not~be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; ~: Staff anticipates that the variance will not be detrimental to the public's welfare or injurious to other properties in the area. Further, the Council has granted ~A parking variances to properties with similar situations within Old Town, and staff is unaware of any harmful impacts from these parking variances. Staff recommends that the Council reference any written or oral testimony provided at ~~ the public hearing, as well as staff s analysis, when determining whether or not the surrounding properties may be negatively affected by granting a variance. D. That such variance will not have the effect of altering the interest and purpose of this Title and the 1Vleridian~Comprehensive Plan." ,. .t. Staff finds that the issuance of a variance for reducing pazking standazds to allow the redevelopment of a small piece of property in a Community Commercial zone in the Old Town designation and will not have the effect of altering tl~,e purpose and/or interest of the Zoning Ordinance or the Comprehensive Plan. 3 'C~. ii ?Y Palmy. VAR Exhibit B :f ~Y i (:• ~~ G7 s Sit: Y: b. (~.w' >?3 ~. x1S-~ f:k :ti i!: a L~`i-w sd 7: A x i~