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HomeMy WebLinkAboutMinutes D• MR. ANDERSON: Kirk .Anderson. My architect is supposed to be here representing us tonight and he's a little bit late. Should I go ahead anyway? MR. GLAISYER: We could move on to something else. MR. ANDERSON: That wouldlbe fine. I'd rather do that if I could. 3~ MR. GLAISYER: Next item we'll go to Meridian Park Subdivision No. 2 for final plat approval. Is there a representative here? (Brief delay. ) D'[R. GLAISYER: We'll move along to, then, our own attorne , Mr. Vdayne Crookston on findings of Gem Estate Subdivision. Mr. Crookston, would you•please make your presentation. MR. CROOKSTON: I have sent a letter to the City; which the Council Members and Mr. Glaisyer have copies of. Basically, the letter indicates that there were two basic problems at Gem Estates Subdivision as they concern David Reeves. First one is that there's a difference between how one of the four-plex units was constructed as compared to how the plans represented that it would be constructed. The plans represented that the -- basically, the driveway to the four-plex unit would be on the south side of the unit. JOHN W. & SUSAN G. GAMBEE, C.S.R.'s 10940 Hollandale Drive Boise, Idaho 83705 3 d ~ ~ ~, . ~;r~ r ~, ~s constructed, the unit has a driveway on the ,$ north side and runs out from the four-plex unit onto Main Street. I basically felt that that was not a major ~" ~ deviation from the plans in that it's a rare situation that the City ever even approves such detailed development plans; that is, ~. $ if you have a subdivision such as Cherry Lane o.r. Sunnybrook 7 farms, there's no designation on those plats as to which side $ the driveway is going to be on, or how many windows they are g going to have, or anything like that. Tp So, I didn't feel that it was a major deviation li from the plans, and that if the developer had come in at the ~ time of construction, or later on, or prior to construction, or lg whenever; the Council very easily could have approved the change. 14 So, it is my recommendation that the Council adopt lg the plans as actually constructed. On that problem. ~6 The other problem is that the ordinances and 17 statutes o.f. the State of Idaho require that once a piece of lg property is divided into several parcels; whether it be by a 19 metes and bounds description, or into a lot and block basis; tha pp it be subdivided, technically, that is of a -plat filed and $1 recorded with the County Recorder's office. In 1975 the developers of Gem Estates requested $g that from the City; that they be allowed not to plat Gem Estates $4 at the time. ~ The exact minutes of the meeting do not reflect that JOHN W. & SUSAN G. GAMBEE, C.S.R.'s 10940 Hollandale Drive Boise, Idaho 83705 4 ~ ' ~i~; ~ I J ~~'~1 Mr. Dowdle agreed to plat at a later time. But, from my .2 :..~ information that was provided to me, I understand that that was s~-.8 the agreement; that he would ,plat when required to do so. .a ., ~ {? 4 And, then, he also submitted a letter to Mr. Reeves ~ that indicated that that was such. <.Q So, I based my decision on that letter, plus what ' ~~,.;~ ', ,, ~ my understanding was of what happened in 1975. ,. '$ So, really, the decision now is that the City, I ~,8 think, should require ^'Ir. Dowdle to go ahead and plat the ,: ~' X0 subdivision. `~<..~~ So, basically, my recommendations are two. One, tha ;~~ the City go ahead and, basically amend the development plans for ~:~13 Gem Estates as -- or to conform to how they were actually built; ~~.¢ at least as pertains to that particular four-plea on the corner 16 of Seventh Street and Pine Street. Then also to contact ~I~6 Mr. Dowdle and request him to -- or require him to go ahead and ' X17 plat Gem Estates Subdivision. `t r~18 ` MR. GLAI5YER: Thank you. Mr. Williams. ; ' -~"19 MR. WILLIAMS: We did- send Mr. Dowdle that letter last 420 ~.. , ,: year; did we not, requiring -- requesting that he plat this? i _ ¢- 2~ MR. CROOKSTON: He's been contacted. I haven't sent him. ;2~ a formal letter and Gary Smith, City Engineer contacted me ~.~8 initially because he was directed to draft a letter. '~qN. ~5~ +` `,2r4 ~: I interceded in that letter and requested him to not x'26 send it out and I -- was prepared for my signature, and I said JOHN W. 6 SUSAN G. GAMBEE, C.S.R.'s '- 10910 Hollandale Drive Bolae, Idaho 03705 5 • ,. 1 that I would rather wait to send it out until we -- the City ~ Council made a decision as to Gem Estates. g So, I don't think that he has been formally ~, 4 requested. He's aware of the problem, however. 6 MR. KINGSFORD: What were the original plans that called 6 for the Reeves property -- wasn't the Reeves property at that 7 time, but for it to be included in .that. development? 8 M32. CROOKSTON: Well, the original. owner of the property '9 was Mr. Woods. And at the time various people have owned the 10 property. The original plat, or proposed plat included what is 11 now Mr. Reeves' house, and that's a problem that Mr. Dowdle, 3~ is going to have to take care of himself. 18 ~-Ie can either plat -- h~ can plat around it or he ~~`' can plat the whole thing or however he can get it built. f 16 He'll have to come to the Council to get the 18 approval of the plat and Council sign off so he can address that 17 problem at that time. 18 MR. GLAISYER: Any other comments from Council? lg MR. ORTON: Yeah. Wayne, are both parties; that is, Mr. Dowdle and Mr. Reeves. I see in the back. Is Mr. Dowdle Q1 aware of these two recommendations? $~ NiR. CROOKSTON: Not that I'm aware of. $~ I have not had any discussion with Mr. Dowdle. $4 MR. ORTON: In your first recommendation to bring .the, 96 development plan up to date -- or have the ultimate development - JOHN W. 8 SUSAN G. GAMBEE, C.S.R.'s 10940 Hollandale Drive Boise, Idaho 83705 II . • 1 or have a new development plan prepared. Is your recommendation ~ that we just have a drawing of what's existing? A record '~ drawing made up and then have that reviewed for its conformance '~ ~ with the original plan, and if it is in conformance, or if we ~ judge it in conformance, just accepted? g MR. CROOKSTON: Yes, i.f it -- you know, if the change in. 7 the development, plans causes no, you know, drainage problem or g so long as it meets the code requirements for setback and things g of that nature; that you go ahead and, basically, approve. it in ', 10 an as built form. ;~~, MR. GLAISYER: Any other comments from Council? ~2 Any comments from the public? 18 MR. REEVES:' Yes, Council. I wouldn't have .any =14 objections to him platting it at a later date if he's willing to X26` buy my property back at what I paid for it. X6 But, I won't go along with him platting my property. Yq They sold it off as a City lot and I don't really ~g think it's right for me to be surrounded by four--plexs and take ~g the financial loss because I have paid fora title search, and ZO because; he didn't plat it all. This didn't show up. 21 If he had platted, it would have showed up and I 22 wouldn't have bought it. ~ I bought it as an investment property and I've lost $~ in excess of $10,000 already because of the value depreciation. g~ Nobody wants to buy a single-family home next to a JOHN W. & SUSAN G. GAMBEE, G.S.R.'s 7090 Hollandale Drive ~ , Boise, Idaho 83705 7 • ,~?£our-plea. I feel that he ought to, as the developer, because ~~+. he failed to plat it, he ought to buy the property back. I don't expect to make a nickel off of it, but he .,should buy it back at what I paid for it. If this is not done, then I need to know, from the pity, what I can do with that property; that I can recoup my ~Mey from it. What are you going to allow me to do with it? Because, I don't feel that I should have to ,~ withstand the financial loss because he failed to comply with th `haw . MR'. GLAISYER: Thank you, Mr. Reeves.. You are in a residential zone at this particular ed F'tme, and the only thing you can do with your property is decide ~; what you want. to do with it, and come before the Council with a 6'; ~~~nditional use permit, obtain the type o.f-use you want to use }~ p~z~ for. But, other than that, I don't think the City has any ~'1€gal action against Mr. Dowdle, or any recourse back to you, fox that matter. Council have .any comments? ~~ ~` MR. KINGSFORD: Mr. Mayor, I might, suppose ask Council. ``, Wouldn't we have some recourse back to him at the ~~" _?ti.~te we asked .him to plat; if this doesn't meet, substantially, f?.r~o h his on final ro osed lat? .. ~.'~ g P P P MR. CROOKSTON: I'm not sure I understand your question, a- JOHN W. i SUSAN G. GAMBEE, C.S.R.'s ~~' ~. 10910 Hollandale Orive !'..' Belee, Ids ho !9705 u g • Grant. C~ MR. KINGSFORD: Where he's including the current Reeves property, or he did in his original plat. Wouldn't we have some recourse to require it be included when he comes in for this platting process that we are going to demand? MR. CROOKSTON: You can make any reasonable requirements under your subdivision ordinance of the plat that you deem necessary. Basically, as I understand the Minutes, and as I have read them, he -- the only thing that was not done at the time in 1975 -- well, let me rephrase that. He did everything that was necessary to file the plat, except have a hardback plat prepared and have it signed off. All the other approvals. as a final plat had been made. MR. KINGSFORD: But they included the parcel that we have in question? MR. CROOKSTON: Yes, it did. MR. KINGSFORD: But, it is my understanding, under current subdivision law we can't force him to plat that which he does not currently own? MR. CROOKSTONc That's right.' That's the situation that he knew was going t„o be coming up and he didn't protect himself in that matter. That's his problem. You know, if you tell me that you are going to do something and then, for some reason, you do something that makes JOHN W. 8 SUSAN G. GAM9EE, C.S.R.'s 10940 Hollandale Drlve Boise, Idaho 83705 9 • it impossible for you to do it, there's nothing that the City. can do about it. I mean, you've prevented yourself, and there are some legal ramifications for your, you know, failure to -- in your contract when he sold the various parcels off that subdivision, to say, you know, to have in his contract when I'm required to plat, you have to sign off as a future owner. That's his problem. All I'm saying is that he can -- or the City can require him to plat -- MR. KINGSFORD: That parcel? MR. CROOKSTON: -- that parcel. MR. GLAISYER: Mr. Brewer. MR. BREWER: I believe you said a few minutes ago, Counsellor, that Mr. Reeves should go to Mr. Dowdle with his problem and not the City? MR. CROOKSTON: That's correct, for the objection.-- for the comments that Mr. Reeves,-the City is not concerned with those. MR. GLAISYER: Mr. Reeves. MR. REEVES: We went to Mr. Dowdle first, and r~r. Dowdle said that he submitted the building permits to the City Building Inspector.. He approved them. So, therefore, it's the ,City's problem and not his. MR. CROOKSTON: We11, that's just a difference of opinion, I guess. JOHN W. & SUSAN G. GAMBEE, C.S.R."s 10940 Hollandale Drive Boise, Idaho 93705 10 V ~ ~ MR. KINGSFORD: But, the last recourse would be us ,"and we can force him to plat if that's the desire of the Council? MR. CROOKSTON: It's his agreement that -- MR. KINGSFORD: But, we can force that. It had been included; that parcel? MR. CROOKSTON: Yes. MR. KIPJGSFORD: Okay. MR. GLAISYER: We will instruct Mr. Dowdle to plat the subdivision, send you a copy of the letter, Mr. Reeves, and then you'll have to approach back to Mr. Dowdle for any kind of compensation that you feel is needed. MR. REEVES: All right. MR. GLAISYER: Okay. Going back to Gentry Annexation -- MR. ORTON: Excuse me, Joe. What about the first recommendation of Wayne's? Do we want to make a motion regarding the record drawings or -- MR. GLAISYER: That's a good point. MR. ORTON: I believe that it is proper that it's usually required, most developments to submit record, or as-built drawings. So, I'd so move that we ask Mr. Dowdle to submit the as-built drawings, in addition to following through with his agreement to plat the subdivision. MR. WILLIAMS: Second. MR. GLAISYER: The motion is made and seconded to require JOHN W. 8 SUSAN G. GAMBEE, C.S.R.'s 10940 Hollandale Drive Boise, Idaho 83705 11 • • 1 that Mr. Dowdle submit as-built drawing plans for the final 2 approval of the plat. 3 MR. CROOKSTON: Yes. MR. GLAISYER: Does that satisfy you? 4 ~ All those in favor. 6 (All City Council Members voting in the 7 affirmative . ) g MR. GLAISYER: All those opposed? g (No response.) 10 ~.^.R. GLAISYER: Motion carried. 11 Thank you, Mr. Reeves. 12 MR. REEVES: Thank you. lg MR. GLAISYER: Gentry Annexation, please. 14 MR. GIBBON: My name is James Gibson, and my address is 16 1867 East Beacon Light Road, Eagle. 16 May I show you a diagram which I think will explain 17 what we're asking for. 1g. This is (indicating) Fairview. This is 19 (indicating) a five--acre parcel and there's currently a 20 commercial zoning, the first 200 feet, approximately this area 21 ( indicating) . 22 Five .Mile Creek flows through the property in this. aq configuration (indicating); separating this part (indicating) ~ from this part (indicating). 26 We are asking for a rezone of this approximately JOHN W. & SUSAN G. GAMBEE, C.S.R.'s 10940 Hollandale Drive ,. Boise, Idaho 83705 12