HomeMy WebLinkAboutPaisano's Restaurant VAROFFICIALS
WILL;t1M G.'~EgG, Jr., Clty Clerk
JANICE L GASS, Clty Treasurer
GARY D. SMITH, P.E. Clty Enplneer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI S. STILES, P fL Z Adm.
KENNETH W. BOWERS, Flre Chief
W. L "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public Works/Building Departlnatt (Z~) 887-2211
GRANT P. KINGSFORD
Mayor
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P 8 Z COMMISSION
JIM JOHNSON, Chairman
MOE ALIDJANI
JIM SHEARER
CHARUEROUNTREE
TIM HEPPER
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 City Council, please submit your comments and recommendations to
Meridian City Hall, Attn: Will Berg, City Clerk by: October 10, 1995
TRANSMITTAL DATE: 9/26/95 HEARING DATE: 10/17/95
REQUEST: Variance request for Paisiano's Restaurant
BY: Albert & Susan Berner and Marie Nanni
LOCATION OF PROPERTY OR PROJECT: NE comer of E. 1st and Pine Street
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
_TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
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 PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
ED
SEP 2 2 1995
CITY OF MIERIDIAN
~,
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CITY OF MERIDIAN
33 East Idaho Street, Meridian, ID 83642
VARIANCE APPLICATION
(RE: Meridian Zoning Ordinance)
Albert W and Susan M Berner and Marie D Nanni Phone: 208-888-5447
NAME:
(Owner or holder of valid option)
ADDRESS: 906E lst St. Meridian ID 83642
GENERAL LOCATION: old Town District/N.E. corner of E 1st and Pine St.
LEGAL DESCRIPTION OF PROPERTY: Attachment
PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option
agreement must be attached.
PRESENT ZONE CLASSIFICATION:
VICINITY SKETCH: A vicinixy map and/or site plan at a scale approved by the City showing
property lines, streets existing and proposed zoning and such other items as the City may require.
SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within,
contiguous to, directly across the street from, and within a 300' radius of the parcel(s) proposed
for a variance must be attached. (This information is available from the County Assessor.)
DESCRIPTION OF PROPOSED VARIANCE: Variance to allow on street parking
Variance to permit limited outdoor seating with permission from Ada County Highway
District also. Waiver from state regulation that beer/wine license can not be issued
if within 300' of a church or school unless waived by local government i.e. city
I hereby certify that the information contained herein is true and correct.
M
SIGNATURE ~ '
('ITY COUNCIL RECORDS
Date Received
Received by.
OT
~~r residential and limited office
cit,.y Council Hearing Date
•
City of Meridian -Application for variances and waiver.
1.906 E. 1st St, Meridian ID 83642
2. Albert W. Berner and Susan M. Berner, 2050 W. Sandalwood Dr, Meridian ID
888-5447. Marie D. Nanni, 1046 Tammy Dr, Meridian ID 83642, 888-9689.
3. Loyd E and Sally M Jones, 1420 Elm Pl, Meridian ID 83642, 888-1268.
4. See attachment A.
5. See attachment B.
6. Present use of subject property is Val's Furniture and Appliance store.
7. Intended use of subject property is Paisanos' Italian Restaurant, full service family
restaurant.
8. The district that pertains to the subject property is Old Town District.
9. See attachment C.
10. See attachment D, the only exterior construction will be to vent kitchen appliances
and add a awning. The interior will be remodeled to accommodate a restaurant kitchen,
restroom (ADA compliant), and redecorate to provide pleasant seating for customers.
11. See attachments E
Note at this point that the application addresses two variances and one waiver. Answers
to items 12 - 22 will show A, B and C. Item A will address the waiver from state
regulation that requires a 300' distance from a church or school for granting abeer/wine
permit. Item B will address the parking variance. Item C will address a variance for
outdoor seating during warm weather.
12. (A). The proposed restaurant location is situated less than 300' of Valley Shepherd
Nazarene Church. (B). There is no off street parking for the subject property, and limited
marked parking spaces in front of and on adjacent streets. (C). We desire to accommodate
additional customer seating during months when weather permits by providing outdoor
seating. We know that this also requires permission from the Ada County Highway
District.
13. The minimum requirements of this ordinance that need to be reduced to permit
proposed use are (A). Waiver of state requirement with reference to distance of 300' for
•
issuance of beer/wine license. The distance requirement needs to be reduced in this case.
(B). Allow restaurant patrons to park on side streets, such as Pine St and use of marked
parking spaces both on the east and west side of E. 1st St. (C). Permit limited outdoor
dining during warmer weather.
14. The difficulty of applying requirements of this ordinance to the subject property are:
(A). Without abeer/wine license, revenue would be reduced by 15% or more, possible
closure of the business (B). Without additional permission for on street parking, a
reduction in revenue and possible closure of the business. (C). Although there is no
difficulty without permission for limited outdoor seating, it would help increase seating
capacity and possibly revenue.
15. The circumstances which indicate that regulations of this ordinance should not be
strictly complied with are (A). Phone conversation with Pastor Cox at Valley Shepherd
on 9/6/95. Pastor Cox allowed that the church would take a neutral stand on issuance of
beer/wine license and the 300' requirement and not oppose it. He will verify this
information if contacted. We explained that this was to be a family restaurant with focus
on serving food not alcohol. There is never any plan to ask for distilled spirit license. The
hours of operation of the business will have it closed on Sundays as well. (B). A majority
of existing businesses in the Old Town district do not have off street parking, many rely
strictly on the on street parking. Relative to existing businesses there is much more
parking available at the proposed location of the business. (C) Not applicable.
16. The special conditions and circumstances that exist which are peculiar to the land
involved which are not applicable to other lands in the same district are: (A). Only a few
of the businesses that exist serve beer and wine, and we intend to be a food establishment
first and foremost. (B). Limited parking in Old Town for all lands and structures currently
exist. (C). There is adequate sidewalk space at the subject location for some outdoor
seating with consent from ACHD.
17. A literal interpretation of the provisions of this ordinance would deprive the
applicant's of rights commonly enjoyed by other properties in the same district under its
terms by (A). Denial of waiver on beer/wine license due to the fact a church is less that
300' away. A check with the Alcohol Beverage Control at the Dept of Law Enforcement
reveals that many local governments in Idaho grant waivers from this requirement. Due to
the nature of the proposed business the emphasis is on food service in a family setting
with appropriate hours of operation. (B). The majority of existing businesses in Old Town
do not have off street parking available, and in fact do not have as much on street parking
as the location we are proposing. (C). There is currently one business that has outdoor
seating with less sidewalk space than at the location we are proposing.
18. The special conditions or circumstances that exist that are not a result of the
applicant's action are: (A). Not applicable (B). The continued and substantial growth in
both business and residential areas of Meridian have created limited parking opportunities
especially in Old Town. However the nature of the district (Old Town) would not seem
•
able to provide building opportunities within the near future, it might be expected to stay
relatively the same and thus not add to a parking problem. (C). Not applicable.
19. Granting the waiver and variances requested shall not confer on the applicants any
special privilege that is denied by this ordinance to other lands, structures or buildings in
the same district (A). There is only one church in the district (Old Town) and it is
unlikely that any other has requested and been denied a waiver from the 300' requirement
for abeer/wine license. (B). Granting the variances for parking would not convey special
privilege. There is no empty land available within the district (Old Town) to put in
parking lots. The majority of businesses have only street parking at this time. (C). The
granting of a variance for limited sidewalk seating probably would not be sought by the
majority of business within the district. However, it may be expected that a food or
beverage establishment would wish to provide outdoor seating if possible.
20. The Meridian Comprehensive Plan promotes business, commerce and industry of
which the applicants wish to contribute. This type of restaurant does not exist currently
and we believe would be a welcome addition to the district and the community. Our own
experience and from many we have talked to shows a large number of Meridian city
residents going to Boise for dinner especially. It would be nice to keep a few more of
them in the community.
21. Fee submitted with application.
22. The granting of the proposed waiver and variances would be convenient and the
applicants would expect to profit from them for the following: (A). A beer/wine license
would add 15% or more to the yearly revenue of the business. Many customers of a
restaurant expect that beer/wine would be served with meals. Therefore not only do the
applicants desire this waiver for their own economic viability but the needs of the
consumers. (B). The applicants own observations show all of the parking spaces on both
sides of E. 1st St, as well as down adjacent streets are not occupied after 6:00 P.M. We
also believe that most potential customers do not consider being able to park right next to
the door of a restaurant is that important and would walk a block or two if necessary. (C).
Additional seating outdoors would add to the profits during four or five months annually
but would also provide some charm to the district.
/~>tac%~lent %~
DEED OF TRUST •
~wITH POWER OF SALE)
THIS DEED OF TRUST, Made this -?na_._-_ day of May _, 19_4 BETWEEN, _Loyd.. E._____-._.__
~~_~@lly...Me._.,I431ee,~lual~nd_and_wife-__..--.----.---------.--....-.---...------....... herein called TRUSTOR,
(Nome of Tnumn
-$~@t 'er~E_~gle C~~By_gf ~~~g,~~~~ an I~~}~~~;RgY~~i~ called TRUSTEE, whose address
(Nome of Tonkel
is __7311 Potomac_Driye.___ Boise, _ Idaho._.83704_..____, _..,. ___ ., and
BENEFICIAL MORTGAGE CO. OF IDAHO,
e Delaware corporation qualified to do business in Idaho, whose address is __1,~Q9_,_$0_)• iye_ Nile ..);c1. _, Boise. _......_-, _._,--,
1~Eh4 $3Z.02_-_-__,- herein called "Beneficiary".
WITNESSETH: That Tnastor does hereby Irrevocably GRANT BAROA[N, SELL AND CONVEY TO TRUSTEE IN TRUST,
WITH POWER OF SALE, that property in the County of _ Ads _.._________ _..._, State of Idaho conwining not more than
twenty acres, hereafter refcrrcd to es the "Property":
(See ntmched ScHedulr A far legal description of u(ortgnged preN(ises)
^ if this box is checked, this Deed of Trust is subject to a prior deed of trust dated ____-N/.A _, 19N/A , executed by
-N/A -- ------- - ---..----------
---. .- ---- --_ ;.. _ - as trustee For the
benefit of _.N A
securin a meat of a romisso note in ~- -- --- - --~- ~ _.. _.. _ ...._..__ ... _, as beneficiary,
g p y p ry the principal amount of $ _N/A _... That prior deed of trust was recorded nn
N/A _._.-. , 19 .N/A with the Recorder of . N/A _. County, Idaho in Book N/A , page N/A. ,
For the Put~pose of Securing Payment of a Credit Line Account Agreement of even dart herewith, rcl'errcd to hereafter as
'A reement'1, h which the afi~remeutiuned beneficiary is obligated w make loans and advances, including the Intitial AJvance; up ui
$,100t000 00. ,refcrrcd to hcrerftcr us the "Credit Line", said Agreement being repayable in Scheduled Iaynrent Anunnit
Payments beginning one month from the date of the Agreement, the number of which being based on an anurrlizutiun period of
360 months, it is the express intention ul'thc parties to this Decd of Trust that it shall stand as continuing security until paid tiff all
such advances together with intcrest Ihcrcon. Nolwidixtandingony other payment dates agreed to by the Trustor and the Heneficiary this
Used of"trust shall termin:dc 20 yours I'roni the date hereof.
A. 7b pr»tect the security of Ibis Decd of 'Trust, 'Trustor agrees:
1. 7b keep the Property in good condition and repair; not to removt: or demolish any building on the Progeny; to complete or
restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed on the Property
and to pay, when due, all claims for labor performed and materials furnished for the erection of any building; to comply with all laws
affecting the Property or requiring any alterations or improven)ents to be made on the Property; not -o commit or permit waste of the
Property; not to commit, suffer or permit any act upon the Property in violation of law; to cultivate, Irrigate, fertilise, fumigate, prune
and do all other acts which from the character or use of the Property may be reasonably necessary; the specific enumerations herein not
excluding general enunterotiona.
2. 7b provide, maintain and deliver to Beneficiary evidence of fire insurence satisfactory to and with less payable to Bcncficiary
as its interest may appear. The amount collected under any fire or other insurance policy may be applied by 8cncliciciry upon any
Indebtedness and in such order as Beneficiary ntay determine, or, at option of Beneficiary, the entire en)ount so collected or any part
thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or
invalidate any act done pursuant to such notice. '
3. 7b appear in and defend any action or proceeding purporting to s ffect the security of this Decd of Trust or the rights or
powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and uuorncy's fees in u
reasonable stun, in any such action or proceeding in which Beneficiary or Tivstee may appear.
4. 'Ib ~ay at least 10 days before delinquency all taxes and assessments affecting the Property, when due, all encumbrances,
charges and 1 ens, with interest, on the Property, which appear to be prior or superior to this Decd of Trust; all costs, fees and expenses
of this Trust.
S. 'Ib pay immediately and without den)and all sums expended by Beneficiary or Trustee pursuant to the provisions of this Dced
of Trust together with intcrest from date of expenditure et the Rate of Charge set forth in the Agreement.
6. Should Trustor fail to make any payment or to do airy act providal for in this Dwd of Trust, then Bcncficiary or Tnistce, but
without obligation xu to do, without n,ilice to or demand upon Tnisair and without releasing Tnishtr Crum any obligation under this Dced of
'Trust, nary make or do the same in s'.ich nuuuter and lu such extent as either may deem necessary to protect the u:curity. 13eneliciary or
Trustee is autlwrirud to enter ulwn the Pru)xny tin such puryxixcs; appear in and dcl'cnd any action ur pnxeuling purlxirting a, affect the
security or the rights or powers of Bcncficiary ur'I'nistee; pay, purchase, contest or compromise any encumbrance, charge or lien which in
the judgment of cithcr appears to be prior or superior hereto; and, in exercising any such pe»vers, or, in cnliircing this Dccd of'I'nist by
judicial foreclosun;, pay necessary expenses, cmphry counsel and pay rite reasonable fcx:s of counsel.
13. It is mutually agreed that:
I. Any award of damages in connection with any condemnation for public use of or injury to the Property is hereby assigned :aid
shall be paid to Beneficiary who may apply or release sac h moneys received by him in the same manner anJ with the same effect as
above provided for disposition or proceeds of fire or other insurance.
2, By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right cithcr ui require
prompt payment, when due, of all other sums so secured or to declare default for I'uilure so to pay.
3. At any time or from time to time, without liability therefor anJ without notice, upon written request of Bcncficiary and
presentation of this Decd of Trust and the Agreement fur endorsement, and without affecting the personal liability of any person fi)r
payment of the Indebtedness, Trustee may (u) rccrmvcy all or port of said property, (b) consent to the making of any map or plat
thereof, (c) join in granting any easement thereon; or (d) join in any extension agreement or any agreentem subordinating the lien or
charge of this Dced of Trust.
4. Upon (a) written request of Bcncficiary stating that all sums secure) by this Deed of Trust have been paid, (bj surrender of
This Dced of Trust and thr~~ Agreement to 'll•uslec fin cancellutiun and rclention and (c) payment of its fees, 'I'rustcc shall rcaiovey,
without warranty, the Prb'oerty. The recitals in any rcconveyuncc executed under this Decd of 'Trust of any ntatterx or facts shall be
conclusive proof of the truthfulness thereof. The grantee in such rccnnveyance instrument may be described as "the person or persons
legally entitled thereto."
S. Upon default by Tnistor in payment of the lndebtedncss or in performance of any agreement under this Decd of Trust, all
sums secured by this Decd of Trust shall inunediatcly become due and payable, at the option of Bcncficiary, In the event of default,
Oeneficiury shall execute or cause thc'1'rustec to execute a written notice of such defruh and ol'the 1'rustec's election w cause to be sold
the Property to satirfy the obligations under the Agrcmncnl, unJ shall cause that notice to be recorded in the oflice of the Recorder of
the county in which the Property is situated.
Notice of sale having been given as then required by law, with not less than the time then required by law having elapsed, Tnislce,
without demand on Tn)stor, shall sell the Property ut the time and place fixed in the notice of sale, either as a whale or in separate
parcels and in such order as Trustee may determine, at public auction to the highest bidder for cash in lawful money of the United
NI.4 IUd0/79/x0, IdJ. bee. '9,1
i
Slateti, payable :d time of sale, Tntslec shell dclivi~S the purchaser its decd conveying the property so sold, hu~wt any covenant
or warranty express or implied. 'I'hc recitals in such decd of any matters of facts shall be conclusive proof of Ute truthfulness thereof.
Any person, including Trust<n•, Trutitcc, or Bcncficiary, may purchase at such Salo,
After deducting all costs, feesand expatscs of'I'rustec and of Ihis'frust, including cost of evidence of title and reasonable counsel
lets in connection with sale, 'Truste'e shnll apply the proceeds of sale to payment of (n) all sums expended under the Icons of this Ueed
of Trust, not then repaid, with accrued interest and lb) all other sums then secured by this Deed of Ttvst; and the rctrtatindcr, if any, to
the person or persons legally entitled thereto.
6. This Deed n( Trust applies lo, inures to the benefit of, and binds all parties hcrcto, Ihcir heirs, legatees, devises,
administrators, executors, successors and assigns. 'I'hc teen Trustee shal- mean the individuals designated herein as "'T'rustee" and
each such person shall be authorized to exercise the provers of Trustee individually nr collectively, 1'he term Beneficiary shall mean the
holder and owner of the Agreement secured by this Deed of Trust; or, if the Agreement has been pledged, the pledgee thereof. In this
Deed of Trust, whenever the context so reyttires, tltc ntsisculine gender includes the feminine and/or neuter, and the singular number
includes the plural.
7. Truslcc is nut obligated to notify any party hcrcto of pending sale under any other Dced of Trust or of any action or
proceeding in which Trustor, Beneficiary nr 1'rustcc shall be a party unless brougl t by Trustee.
8. Upon the death of one of the Trustors, at the option of Beneficiary, the unpaid balance of the Indebtedness, together with
accrued interest, may become immcdiatcly due and payable.
9. In the event of dortlh, incapacity, disahilily or resignolion of any one or nu+rc of the 'fruslces, Bcncficiary may suhstilutc a
u•ustee or trustccs w execute the 'T'rust crralcd by This Deed ul"I7ust, turd when any such suhxtitulion has been tiled li+r record in the
office of the Recorder of the county in which the Property is situated, it shall he conclusive evidence of the appoinln+em of substitute
Truslcc or trustccs. The tica• u•uslcc or trustccs shall succeed to all of the powers and duties of the trustcc or trustccs named in This Dced
of Trust.
10. Request is hereby made that a copy of;my Notice of Default and a copy of any Notice of Sale hereunder be mailed to Trustor
at his address set forth above.
I I. if Trustors voluntarily shall sell cir convey the Property. in whole or in part, or any interest in that Property or by some actor
means divest themselves of title to the Property without obtaining the written consent of Bcncficiary, Ihcn Bcncficiary, at its option,
stay declare the entire halance of the loan plus interest on the balance immcdiatcly due and payable. This option shall nut apply if (I)
the sale of the Property is penniUCd because the purchaser's creditworthiness is satisfactory to Beneficiary and (2) that purchaser, prior
to the sale, has executed a written assumption agrcement containing terms prescribed by Bcncficiary, including, if rcyuired, an
increase in the Ralc of Chnrgc.
12. "Trustors w;iil pay amd keep current the monthly inslalnunts on the prior decd of trust and to prevent any default thereunder.
'Trustors further agree': that should any del'auh be mode in the payment of nny instalment of principal or any interest un the prior decd of
trust, or should any soil be conunenced or other action taken to foreclose the prior decd of trust, then the amount secured by this Dccd
of Trust shall become and be due and payable in full at any time Iherealier, at the option of Bcncficiary and in accordance with the
AgreemenL'Beneficiary, et its option, may pay the scheduled monthly instalments on the prior decd of trust and, to the extent of the
amount so paid, become subrogated to the rights of the beneficiary identified in the prior decd of trust. All paytncnts made by
Beneficiary on the loan secured by tltc prior decd ctf trust shall bear interest at the Retc of Charge until paid in full.
13. Mortgagor warrants Ihsu (I) the Property hats not been used in the past and is not prescntly used for hazardous and/or toxic
waste, (2) the Property complies with all I'edcral, stale and Incal cnvironntcntal laws regarding hazardous and/or toxic waste, (3)
asbestos has not been used as n building material on any building erected on the Property in the past, (4) the Property is not prescntly
used for asbestos storage and (5) the Mortgagor complies with ell federal, state and kcal laws, as well as regulotions, regarding the use
and storage of asbestos.
14. Mortgagor covenants mt.l agrees to comply with all federal, state, and local environmental laws, in the maintenance and use of
the Property.
IS. Mortgagor warrants that neither the Properly nor the loan proceeds were or will be used in illegal drug activity, and the
Property is not subject to seizure by any governmental authority because of any illegal drug activity.
IN WITNESS WHEREOF, Trustor has set his hand and affixed his seal on the day and year first about written.
Signal, scaled an<I delivered in the presence nf:
wllness
wooers
STATE OF.IDAHO, COUNTY OF
On this . --. -... -._....-.---. day of ___.. _.. ; ..._......_. -, 19._--.
before me, a Notary Public in and for said State, personally
appeared --- --. _.------------...._. __......... _ . ------~- -
known to ~me to be the pcnon(s) whose n amt(s) is/are
subscribed to. the within instrumem, and acknowledged to me
that he/she/they executed tltc santc.
- Nnhu.e I'ublir
Residing al .-. _ .... .. Idaho.
Lo Jon (seal)
Sa ly M. Jones (Seat)
treat)
(Seal)
STATE OF IDAHO, COUNTY OF
1 HEREBY CERTIFY Thet this instrument was filed for
record at the request of the Beneficiary BENEFICIAL
MORTGAGE CO. OF IDAHO at .__ minutes past ._.. o'clock
. __----...-------.M., this ..__....... _ .day of . _..._..-_._....___ ,
19........ in my office, and duly recgrded in Book . __..._.- ,
of Mortgages at page . .
i-----tic-Orin Hrrvrrdrr
By
I'ccs $
Mail to: BENEFICIAL MORTGAGE CO. Of IDAHO
THE CI(EUI'1' LINE ACCOUNT AGREEMENT, ANT) ANY I;VIUENCES OF F UR''flIER ANU/Oli
AUDIIYONAL ADVANCES, MUST BE PRESENTED WITH THIS REQUEST
' - -- ----' 19--
You ore hereby authorized nttd requceted to oxecute n reconvcyance horeunder and deliver some to BENEFICIAL MORTGAGE CO.
OF IDAHO..
The undersigned hcrclay certifies that beneficiary is the owner and holder o[ the debt mentioned in this Deed of 'freer and shat the
same has never been assigned or transferred.
Attest: ^ BENEFICIAL MORTGAGE CO. OF IDAHO
By -I Viee F'rceident
(Sent) Secretary
. ~ J1i~11:U Ua~C. c1
llESCRIPrION OF RCAL PKOPERTY /~ `~~~-~
The South 80 feet of Lots. 1, 2, and 3 in Block 2 of F. A. NOURSE'S
FIRST ADDITION TO MERIDIAN, according to the official plat thereof,
filed in Book 2 of Plats at Page 53, Official Records of Ada
County, Idaho.
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Addresses within 300' of proposed lease for PAISANOS' Restaurant
at location: 906 E 1st St, Meridian, ID 83642
1 917 E 1st
Joseph Johnson II
4375 RoseHill Ct
Boise, ID 83705-1361
2 916 E 1st
Terry & Renee Stewart
451 E 1st
Meridian, ID 83642
3 906 E 1st (this is the proposed location above)
Loyd & Sally Jones
1420 Elm P1
Meridian, ID 83642
4 116 E Pine
Richard & Marlene Eborn
PSC #2 Box 743
APO, AA 34002
5 58 E Pine
Valley Shepherd Church of the Nazarene
831 E 1st
Meridian, ID 83642
6 124 E Pine
Ray Atkinson
124 E Pine
Meridian, ID 83680
7 121 E State
Earl & Burnetta Aldrich
121 E State
Meridian, ID 83642-2344
8 115 E State
E E & Virginia Brinegar
1639 Conant Ave
Burley, ID 83318
9 930 E 1st
Ron & Linda Yanks
4414 S Gekeler
Boise, ID 83705
certadd.doc 9/6/95 Page 1
PAISANOS' Restaurant
i •
10 925 E 1st
Polly Peterson
844 Horizon Way
Nampa, ID 83686-8330
it 55 E State
Harry & Margaret Paulin
55 E State
Meridian, ID 83642
12 831 E 1st (this is a duplication of #5 above)
Church of the Nazarene of Meridian
831 E 1st
Meridian, ID 83642
13 121 E Pine
City of Meridian
33 E Idaho
Meridian, ID 83642
14 111 E Pine
Ralph & Fern VanPaepeghem
1490 Carol
Meridian, ID 83642
certadd.doc 9/6/95 Page 2
PAISANOS' Restaurant
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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 City Council 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 7:30 p.m., on October 17, 1995, for the purpose of reviewing and considering the
Application of Albert and Susan Berner and Marie Nanni for a Variance request for land
located in the south 80 feet of Lots 1, 2, 3 -Block 2 of F.A. Nourse's First Addition, Boise
Meridian, Ada County, Idaho, and which property is generally located on the NE corner of
E. 1st and Pine Street. The Application requests a Variance to allow on street parking,
variance to permit limited outdoor seating with permission from Ada County Highway
District also. Waiver from State regulation that beer/wine license cannot be issued if within
300' of a church or school unless waived by local government.
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 28th day of September, 1995.
WILLIAM G. BERG, JR., I CLERK
OFFICIALS
WILLIAM G. BERG, Jr., Clty Clerk
JANICE L. GASS, Clty Treasurer
GARY D. SMITH, P.E. Gty Enplneer
BRUCE D. STUART, Watsr Works Supt.
JOHN T. SHAWCROFT, Waate Water Supt.
DENNIS J. SUMMERS, Perks Supt.
SHARI S. STILES, P 3 Z Adm.
KENNETH W. BOWERS, Flre Chief
W. L "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
. HUB OF TREASURE VALLEY •
COUNCIL MEMBERS
A Good Place t0 I.1Vt: MAX YERR NO ON
CITY OF MERIDIAN ROBERT D.CORRIE
WALT W. MORROW
P 8 Z COMMISSION
33 EAST IDAHO JIM JOHNSON, Chairman
MERIDIAN, IDAHO 83642 M M SHEARER
Phone (208) 8884433 • FAX (208) 8874813 CHATIM HEPPERREE
Public Worlcs/Building Department (ZOB) 887-2211
GRANT P. KINGSFORD
Mayor
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 City Council, please submit your comments and recommendations to
_ _ _
-- -_ -
Meridan City Hall, Attn: Will Berg, City Clerk by: October 10, 1995
TRANSMITTAL DATE: 9!26!95 HEARING DATE: 10!17/95
REQUEST: Variance request for Paisiano's Restaurant
BY: Albert ~ Susan Berner and Marie Nanni
LOCATION OF PROPERTY OR PROJECT: NE corner of E. 1st and Pine Street
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P2
CHARLES ROUNTREE, P/Z
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
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 8 FINAL PLAT)
U.S. WEST(PRELIM 8~ FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS: Nampa & Meridian Irrigation
District has no comment on the variance request for
Paisiano's Restaurant.
CITY PLANNER ~ -~~
ill enson, Assistant Water Superintendent
z --..~ Nampa & Meridian Irrigation District
[Rte*IC.F~°FtQi~1 ~~t~TttiC~"
~~I~~l~l Gv
O C T 2 7 1995
~;1T'Y t~l~ ~1~~~er1~
V
•
HUB OF TREASURE
ALLEY COUNCIL MEMBERS
OFFICIALS
WILLIAM G. BERG, Jr., Clty Clerk
A Ci00d Place t0 LIVC RONALD R. TOLSMA
MAx YERRINGTON
JANICE L GABS, Clty Treasurer
-
u
w
CITY OF MERIDIAN R08ERT D. CORRIE
WALT W. MORROW
BRUCE D. STUART, Water
~ S
pt.
o P ~ Z COMMISSION
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parka Supt. 33 EAST 1DAI-IO JIM JOHNSON, Chairman
SHARI S. STILES, P fi Z Adm.
1V~RIDIAN, IDAHU $3642 MOE ALIDJANI
JIM SHEARER
KENNETH W. BOWERS, Flre Chief
W. L "BILL" GORDON, Police Chlaf Phone (208) 888-4433 • FAX (208) 887813 CHARLIE ROUNTREE
TIM HEPPER
WAYNE G. CROOKSTON, JR., Attorney PUb6C WOCks/Building Depsctntplt (208) 887-2211
GRANT P. KINGSFORD
Mayor
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 City Council, please submit your comments and recommendations to
Meridian City Hall, Attn: Will Berg, City Cierk by: October 10, 1995
TRANSMITTAL DATE: 9/26/95 HEARING DATE: 10/17/95
REQUEST: Variance request for Paisiano's Restaurant
BY: Albert ~ Susan Berner and Marie Nanni
LOCATION OF PROPERTY OR PROJECT: NE comer of E. 1st and Pine Street
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C!C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
IRE DEPARTMENT
,POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM 8~ 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 GASP ELIM & FINAL PLAT)
BUREAU OF RECLAMA I N RELIM ffINAL PLA
CITY FlLES
OTHER: j
YOUR CONCISE REMARKS:
r~>IS~ rF~~1EI)
0 C T - 2 1995
CITY OF A~ER1D1l1N
-` OFFICIALS
WILLIAM G. BERG, Jr., Clty Clerk
JANICE L. GASS, Clty Treasurer
GARY D. SMITH, P.E. Clty Enplneer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Writs Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI S. STILES, P 8 Z Adm.
KENNETH W. BOWERS, FlreChlef
1N h "BILL" GORDON, PollCe Chlel
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY
A Good Place to Live
CITY QF MERIDIAN
33 EAST IDAHO
1VIERIDIAN, IDAHO 83642
Phone (208) 888433 • FAX (208) 887813
Public Works/Buikling Departmdn (208) 887-2211
GRANT P. KINGSFORD
Mayor
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P 8 Z COMMISSION
JIM JOHNSON, Chairman
MOE ALIDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
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 City Council, please submit your comments and recommendations to
Meridian City Hall, Attn: Will Berg, City Clerk by: October 10, 1995
TRANSMITTAL DATE: 9/26/95 HEARING DATE: 10/17/95
REQUEST: Variance request for Paisiano's Restaurant
BY: Albert ~ Susan Berner and Marie Nanni
LOCATION OF PROPERTY OR PROJECT: NE comer of E. 1st and Pine Street
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM 8~ 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 8~ FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT)
CITY FILES ~ / ~~ V~S
OTHER:
YOUR CONCISE REMARKS:
~ S' w :~ lur~'f E'FF~~T iVIYFw~ ~rtU
Fi 21E `1J..~„Q
.. °'.
vdr l i t
CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT
•• DISTRICT Environmental Health Division
~i1' H EA LT H ~~~,~~~~ ,~, Return to:
DEPARTMENT ^ Boise
Q ~* T 1 L ~~~~ ^ Eagle
Rezone # ^ Garden city
'` ~-P4eridian
Conditional Use # ^ Kuna
Preliminary /Final /Short Plat
~~Zlq'N~ ~f1tS/.q'IJOS ~E,S~i9~i2Z~/~ ^ 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
^ solid lava from original grade
^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers:
^ 2 feet
^ 4 feet
^ 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
^ I o. Street Runoff is not to create a mosquito breeding problem.
^ I I.
^ 12.
^ 13.
~] 14.
15.
Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules.
^ Groundwater Protection
This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
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
Date: ``~ / ~ / ~~
E=7~YYL / lGr~ !.{J// .~1"~/~ ~' Reviewed By:
~j//-'ZU/tri~ `nii.S G'pNcE~~r~~ ~ic-fQ~1a OP,EY~,~?/.S L-/C~•/.Sc,
Review eet
CDND 10/91 rcb, rev. 1/95
MERIDIAN CITY COUNCIL MEETING:__ pCTOBER 17.1995
APPLICANT: ALBERT 8< SUSAN BERI~ER Sr MARIE NANNI ITEM NUMBER; 22
REQUEST; REQUEST FOR A VARIANCE
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:
OTHER:
~•1~~i1u1_~~I<~~
"REVIEWED"
SEE ATTACHED COMMENTS
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SEE ATTACHED COM~
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4~1 Materials presented at public meetings shall become property of the City of Meridian.
`r •
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C~~G°~~
BEFORE THE MERIDIAN CITY COUNCIL
APPLICATION OF PAISANO'3 RESTAURANT
FOR A VARIANCE FROM 11-2-414 D AND
ADD ADDITIONAL CUSTOMER SEATING OUTDOORS
N. E. CORNER OF EAST 1ST STREET AND PINE STREET
ALBERT W. AND SUSAN M. BERNER AND MARIE D. NANNI
FINDINGS OF FACT AND CONCLUSIONS
The above entitled variance request having come on for hearing
on October 17, 1995, at approximately 7:30 o'clock p.m. on said
date, at the Meridian City Hall, 33 East Idaho Street, Meridian,
Idaho, the Applicant, Al Berner, appearing, and the City Council
having heard and taken oral and written testimony, the City Council
of the City of Meridian makes the following:
FINDINGS OF FACT
1. That notice of the public hearing on the variance was
published for two consecutive weeks prior to the scheduled hearing
for October 17, 1995, the first publication of which was fifteen
(15) days prior to said hearing; that the matter was duly
considered at the October 17, 1995, hearing; that copies of all
notices were available to newspaper, radio and television stations.
2. That notice of public hearing is required to be sent to
property owners within 300 feet of the external boundaries of the
land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11-
9-612 B. l.b of the Revised and Compiled Ordinances of the City of
Meridian; that this requirement has been met.
PAISANO'S - VARIANCE page 1
FINDINGS & CONCLUSIONS
~ i` , •
3. That the Applicants request a variance to allow A street
parking and a variance to permit limited outdoor seating on the
sidewalk at 906 E. 1st Street during warm weather months,
approximately 4 to 5 months out of the year.
4. That Ordinance 11-2-414 A, OFF-STREET PARKING AND LOADING
FACILITIES, requires that no building or structure shall be
erected, altered or its use changed unless permanently maintained
off-street parking and loading have been provided in accordance
with the provisions of this Ordinance. 11-2-414 also requires that
the parking be paved.
5. That the present use of the property is Val's Furniture
and Appliance Store; that the .intended use is for a full service,
family-owned, Italian Restaurant; that this property is located
within the City of Meridian and the Applicants are not the owners
of the property but they do have a lease with the owners; that the
owners of the property are Loyd E. and Sally M. Jones.
6. That the proposed restaurant location is situated less
than 300' from the Valley Shepherd Nazarene Church; that there is
no off street parking for the subject property and limited marked
parking spaces in front of and on adjacent streets.
7. That the Applicant testified before the Planning and
Zoning Commission that there is an apartment above the building and
the only off-street parking which exists now is just behind the
building where there is a driveway for the tenants of that
apartment; that the building exterior will basically stay the same;
PAISANO'S - VARIANCE
FINDINGS & CONCLUSIONS Page 2
~ 1 ~ •
that the only changes will be cosmetic; that a decorative awning
with the name of the restaurant and the type of restaurant will be
on the awning and on the side of the building itself; that lighting
will basically be the same as presently exists; that regarding Ms.
Stiles' comments of the landscaping, the Applicant is willing to
consider and discuss her comments with her.
8. That the Applicant stated before the Council that between
5:30 p.m. and the proposed closing at about 9 or 10:00 p.m. on
Friday and Saturday, the intersection at E. 1st Street and Pine
Avenue is virtually vehicle free; that the existing businesses in
the-area are generally closed when Applicants would be operating,
except lunch time, and that nearly all of the marked parking spaces
are empty as well as those that are parallel parking down Pine
Avenue; that although the City owns a nearby parcel to be developed
into a parking lot, budgeting and timing are indeterminate.
9. That regarding the outdoor seating, the Applicant stated
in the application, that this location provides adequate sidewalk
space for some outdoor seating with consent from the Ada County
Highway District; that it may be expected of a food or beverage
establishment to provide outdoor seating if possible; that the
additional seating would also add some charm to the Old Town
District; that this type of restaurant currently does not exist in
Meridian and the Applicant's believe this to be a welcome addition
to the community and to the district.
10. That the Applicants have requested that a variance be
PAISANO'S - VARIANCE
FINDINGS & CONCLUSIONS Page 3
• •
granted from the above Ordinance requirements so that they will not
be required to meet the on-site parking stalls required by the City
Ordinance due to the size and location and the required landscaping
easement by the City.
11. The property in question is described in the variance
application and is incorporated herein as if set forth in full.
12. That the Meridian City Police and Fire Departments and
Central District Health submitted comments and they are
incorporated herein as if set forth in full.
13. That when comments are received by the Meridian Planning
Director, Shari Stiles, the City Engineer's Department and the Ada
County Highway District, they .too shall be incorporated herein as
if set forth in full.
14. That there was no other public comment at the public
hearing.
coNCS~vsioNs
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
2. That the City has authority to grant variances pursuant
to Section 11-2-419 of the Zoning Ordinance and pursuant to Section
11-9-612 of the Development Ordinances.
PAISANO'S - VARIANCE
FINDINGS & CONCLUSIONS Page 4
•
3. That the City Council has judged this application by the
guidelines, standards, criteria, and policies contained in the
Subdivision and Development Ordinance upon which it may take
judicial notice.
4. That the Council may take judicial notice of its own
proceedings, those of the Commission, governmental statutes,
ordinances, and policies, and of actual conditions existing within
the City and the State.
5. That the specific requirements regarding a variance that
must be evidenced and found by the City Council, are as follows:
A variance shall not be granted unless the Council makes a
statement of supportive reasons based directly on the evidence
presented to it which supports conclusions that the mentioned
standards and conditions of this Ordinance have been met by
the Applicant and unless all of the following exist:
a. That there are such special circumstances or conditions
affecting the property that the strict application of the
provisions of this Ordinance would be clearly
impracticable or unreasonable; in such cases, the
subdivider shall first state his reasons in writing as
to the specific provision or requirement involved;
b. That strict compliance with the requirements of this
Ordinance would result in extraordinary hardship to the
subdivider because of unusual topography, the nature or
condition of adjacent development, other physical
conditions or other conditions that make strict
compliance with this Ordinance unreasonable under the
circumstances, or that the conditions and requirements of
this Ordinance will result in inhibiting the achievement
or objectives of this Ordinance;
c. .That the granting of the specified variance will not be
detrimental to the public welfare or injurious to other
property in the area in which the property is situated;
d. That such variance will not have the effect of nullifying
the interest and purpose of this Ordinance and the
Comprehensive Development Plan.
PAISANO'S - VARIANCE
FINDINGS & CONCLUSIONS Page 5
•
6. That there does appear to be a specific benefit or
profit, economic gain or convenience to the Applicant if this
variance is granted.
7. That regarding Section 11-2-419, it is specifically
concluded as follows:
a. That there are special circumstances or conditions
affecting the property that the strict application of
the provisions of the off-site parking requirements would
clearly be unreasonable;~there clearly is not enough land
to place off-street parking on.
b. That strict compliance with the requirements of this off-
street parking Ordinance would result in extraordinary
hardship to the Applicant.
c. That the granting of a variance would not be detrimental
to the public's welfare or possibly injurious to the
public.
d. That the variance would not have the effect of altering
the interests and purposes of the off-street parking
Ordinance.
8. That it is concluded that the Application for a variance
from 11-2-414 E 2.b. (2), OFF-STREET PARKING, should be granted.
9. That regarding the outside seating, the conditions shall
be as follows:
1. The tables and chairs shall not block the exit
doors at any time.
2. The tables and chairs and the people sitting in
them shall be located within five and one-half (5
1/2) feet of the bar and grill building, as stated
by the Applicant.
3. There shall be a pedestrian traffic lane, on the
sidewalk, not including the Ada County Highway
District, of at least seven and one-half (7 1/2)
feet.
4. That the Applicant may sell or serve, or allow to
PAISANO'S - VARIANCE
FINDINGS & CONCLUSIONS Page 6
•
be consumed, alcoholic beverages on the sidewalk
and outside of the premises of Paisano's Italian
Restaurant, but within the confines of the
perimeter of the restaurant for the hours set forth
below; therefore Applicant shall obtain an
amendment to its beer and wine license prior to
conducting business on the sidewalk.
5. That the Applicant may operate on the sidewalk, in
the designated area, from 10:00 a.m. to 10:00 p.m.
6. That the tables and chairs shall be stored inside
from 11:00 p.m. to 9:00 a.m. and shall not be on
the sidewalk between those hours.
10. That the Applicant shall meet the conditions and
requirements of the Ada County Highway District and obtain approval
of the State of Idaho liquor licensing department, the County of
Ada, and the City of Meridian for the sale and serving of alcoholic
beverages in the sidewalk portion of the business.
11. That if the Applicant is not in agreement with the above
conditions, the variance to hold outdoor seating during the warm
weather month should be denied.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The City Council of the City of Meridian does hereby adopt
and approve these Findings of Fact and Conclusions of Law.
ROLL CALL:
COUNCILMAN MORROW
VOTED
COUNCILMAN YERRINGTON VOTE
COUNCILMAN CORRIE
VOTED
COUNCILMAN TOLSMA
MAYOR RINGSFORD (TIE BREAKER) VOTED
PAISANO'S - VARIANCE
FINDINGS & CONCLUSIONS Page 7
._ 4 ,
DECISION
r~
u
Based on the above Findings of Fact and Conclusions of Law it
is decided the Application for a variance from 11-2-414 E 2 . b. ( 2) ,
OFF-STREET PARKING is approved and that the variance requested by
the Applicant to extend the business to include outside seating
during the warm weather months as described in the application with
the conditions set forth in the Findings of Fact and Conclusions of
Law.
APPROVED :1=~=
DISAPPROVED:
PAISANO'S - VARIANCE
FINDINGS & CONCLUSIONS
Page 8
•
MERIDIAN CITY COUNCIL MEETING: NOVEMBER 8.1895 /
APPLICANT: ITEM NUMBER; 1~ ~i
REQUEST; FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A VARIANCE REQUEST BY
ALBERT ~ SUSAN BERNER AND MARIE NANNI
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:
COMMENTS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
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:
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AEI Materials presented at public meetings shall become property of the City of Meridian.
Meridian City Council
November 8, 1995
Page 23
Crookston: That is correct.
Morrow. So moved
Corrie: Second
Kingsford: Moved by Walt, second by Bob to have the City Attorney prepare an ordinance
on annexation and zoning for Langly and Associates all those in favor? Opposed?
MOTION CARRIED: All Yea
Kingsford: Who said December 7?
Morrow I did.
Kingsford: December 5 is the right date.
Morrow: I stand corrected.
Yerrington: I move we take a five minute recess.
Corrie: Second
Kingsford: Moved and seconded we take a five minute recess, all those in favor?
Opposed?
MOTION CARRIED: All Yea
ITEM #18: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE
REQUEST BY ALBERT & SUSAN BERNER AND MARIE NANNI:
Kingsford: Does the Council have any questions with regard to those findings?
Morrow. Mr. Mayor, I would move that we approve the findings of fact and conclusions of
law for the variance requested by Albert and Susan Berner and Marie Nanni.
Yerrington: Second
Kingsford: Moved by Walt, second by Max to approve the findings of fact and conclusions
of law for Albert and Susan Bemer and Marie Nanni, roll call vote.
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Meridian City Council
November 8, 1995
Page 24
ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea
MOTION CARRIED: All Yea
Kingsford: Is there a motion on the. decision?
Morrow. Mr. Mayor, I vuould move that based on the above findings of fact and conclusions
of law it is decided the application for a variance from 11-2-414 E2, B(2) off street parking
is approved and that the variance requested by the applicant to extend the business to
include outside seating during the warm weather months as described in the application
with the conditions set forth in the findings of fact and conclusions of law.
Yerrington: Second
Kingsford: Moved by Walt, second by Max to approve the decision, all those in favor?
Opposed?
MOTION CARRIED: All Yea
ITEM #19: AMENDED ORDINANCE #715 -TREASURE VALLEY BAPTIST CHURCH:
Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING
CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND BEING
ALL OF LOT 2, BLOCK 1 OF TIMOTHY SUBDIVISION AS RECORDED IN BOOK 31 OF
PLATS PAGE 1923 OF ADA COUNTY RECORDS AND ALSO THE RIGHT OF WAY OF
TEARE AVENUE FROM THE CENTERLINE OF OVERLAND ROAD TO ITS TERMINUS
WITH SAID LOT 2 AND ALSO THE SOUTH 1/2 OF THE INTERSTATE 84 LYING
ADJACENT TO SAID LOT 2 ALL BEING IN THE S 1/2 OF THE SE 1/4 OF SECTION 18,
T.3N, R.1 E, BOISE MERIDIAN, ADA COUNTY, IDAHO AND PROVIDING FOR THE
EFFECTIVE DATE. Is there anyone from the public that would like Amended Ordinance
#715 read in its entirety? Seeing none I would entertain a motion.
Yerrington: Mr. Mayor I move for the approval of Ordinance #715 with the suspension of
the rules.
Corrie: Second
Kingsford: Moved by Max, second by Bob to approve the Amended Ordinance #715 with
the suspension of the rules, roll call vote.
ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea
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Meridian City Council
October 17, 1995
Page 57
knowledge.
Stiles: The ordinance is pretty clear it says must and shall and had they requested it prior
to the expiration date the Council could approve it without going through the variance.
Since the time has expired that is why these people have been going through a variance
permit.
Kingsford: If it is must and shall I understand the King's language very well.
Morrow: Question, why the, name change?
Hunnemiller: I just want to break it off from Merrywood Homeowners and have my own.
Morrow: You did not own phases 1 and 2?
Kingsford: No, if you will remember that is Linda Amold did 1 and 2. Any other questions
for Mr. Hunnemiller? Thank you. Anyone else from the public that would like to offer
testimony on this issue? Seeing none I will close that public hearing. Mr. Hunnemiller, the
CC&R's have those been submitted? We would need to have those prior to the final plat
certainly. I think there ought to be some continuity at least that we can see fairly close to
Merrywood, you can be more stringent certainly but there ought to be some continuity.
Morrow: Mr. Mayor, I move we instruct the City Attorney or his appointed designee to
draw findings of fact or conclusions of ,law for the variance request to change the name
from Merrywood to Morning Glory 1 and 2 and for the extension of the preliminary
approval.
Yerrington: Second
Kingsford: Moved by Walt, second by Max to have a City Attorney designee without a
conflict prepare findings and conclusions on the variance request and changing the name
from Merrywood 3 &4 to Morning Glory 1 & 2, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #22: PUBLIC HEARING: REQUEST FOR A VARIANCE TO ALLOW ON STREET
PARKING, PERMIT LIMITED OUTDOOR SEATING WITH PERMISSION FROM ACRD,
WAIVER FROM STATE REGULATION THAT BEER/WINE LICENSE CANNOT BE
ISSUED IF WITHIN 300' OF A CHURCH OR SCHOOL UNLESS WAIVED BY LOCAL
GOVERNMENT BY ALBERT AND SUSAN BERNER AND MARIE NANNI:
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Meridian City Council
October 17, 1995
Page 58
Kingsford: At this time I will open the public hearing and invite the owner or his designee
to speak first.
AI Berner, 2050 West Sandalwood, Meridian, was sworn by the City Attorney.
Berner: First of all you have convinced me never to run for public office, I hate long
meetings.
Kingsford: Notice that most of the people that are running left quite a while ago.
Berner: I would like to address the two variances first. First I would like to talk about the
proposal to use the sidewalk in front of this location at 906 E. 1st, that is the NE corner of
E. 1st and Pine. This is a seating area in warm weather months, we are talking about 4
or 5 months out of the year and according to Ada County Highway District draft report that
I have we need only to obtain a license agreement from the Ada County Highway District
to use this public right of way for commercial activities with some limited restrictions, i.e.
a clear pedestrian walkway be maintained and that anything that is set up out there is at
least five feet or more from any utility poles. I have also noticed that at least one other
business on E. 1st has outdoor seating and the sidewalk at this proposed location that we
are at 906 E. 1st is much wider than the one that already has outdoor seating on E. 1st.
The parking variance I would like to address next and these are from my own
observations, I don't have any scientific studies about it even though in their draft Ada
County Highway District did estimate that this business would generate approximately 300
additional vehicle trips per day and I don't know how they arrived at that, but some formula
for maybe that type of business and what the amount of seating we are proposing. But the
thing I have noticed gentlemen from 5:30 P.M. until the time we are proposing to close in
the evening at about 9 or 10 o'clock on Friday and Saturday. That intersection there at E.
1st and Pine Avenue is virtually vehicle free. The existing businesses are generally closed
by 6 p.m. or earlier. Nearly all of the marked parking spaces are empty as well as those
that are parallel parking down Pine Avenue. Additionally the City has chosen to develop
a public parking lot along Pine Avenue on the opposite corner even though at this time I
understand there is no money to fund the paving or whatever is necessary to get that
public parking lot in. However when that is completed I am sure that will go a long way
to alleviate the times when parking spaces are at a premium. Also, our plans call for a
restaurant seating 60 to 70 people. Usually I think you can count on in this type of
business at least 2 people per vehicle to amve at a restaurant, so at most whenever we
have a full house I think you would be looking at 30 vehicles and perhaps less. Now I
would like to talk about the waiver from State regulation for permission for a beer and
wine permit. As you know existing commercial space is nearly non-existent in the City of
Meridian. We were very lucky to have secured the proposed restaurant location. It is a
fact that many restaurant patrons enjoy beer or wine with their meal. tt is also helps boost
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Meridian City Council
October 17, 1995
Page 59
the bottom line for any restaurant business. We never had any intention of asking for a
liquor license for a distilled spirits we would just like to do beer and wine. My wife had a
telephone conversation with Pastor Cox at the Nazarene Church recently and he stated
that he had a neutral position on this and that he neither opposed or was in favor or it, but
he was in neutral on that. I was also told about a week ago that the board at the same
church also has no objections to a beer and wine permit being issued should the City grant
that waiver from the State regulation. The simple truth is that is a restaurant focuses on
serving food not on serving any alcohol. Even though we would like to be able to serve
alcohol. Like I said again the focus is on serving food, the beer and wine is a side that a
lot of people would expect to come in and say hey I would like a bottle of wine with my
meal or a beer or two. I also spoke with the alcohol beverage control at the Department
of Law Enforcement office and they informed that even though they have no statistics on
it or numbers that it is routinely done by other municipalities in the State of Idaho that
waivers from that State regulation on that 300 foot requirement are routinely granted by
other municipalities. Once again I would just like to emphasize the focus here is on a
family type restaurant serving food.
Kingsford: Thank you, any questions?
Morrow: Is it an Italian restaurant?
Berner: Yes sir.
Morrow: Do you make good lasagna?
Berner: Okay
Kingsford: Any other questions? Anyone else from the public that would like to offer
testimony on this? Seeing none I will close the public hearing, Council Members?
Crookston: I would also comment that she is also a teacher and I don't know what the
heck she knows about cooking.
Morrow: Mr. Mayor I would instruct the, or move to instruct the City Attorney to prepare
findings of fact and conclusions for the requested variances by Albert and Susan Berner
and Marie Nanni.
Crookston: There does not need to be findings on the variance on the liquor related item.
Morrow: But it does on the other?
Meridian City Council
October 17, 1995
Page 60
Crookston: Yes, the street parking and the sidewalk use.
•
Kingsford: You don't have to have findings on it you would just grant the waiver (inaudible)
and I would just for the record stipulate that church not school, that is the way the code
reads. We are more than 300 feet from a school.
Crookston: We don't have anything in our ordinances that prohibits liquor, wine or beer
to be sold near a church. We do for a school. So that is why we do not need findings, we
are operating under the State statute.
Kingsford: Which we would have to grant that in order for the state not to apply.
Crookston: Yes you do.
Kingsford: So we need findings on the street parking only and the sidewalk.
Morrow: Do you wish me to rephrase my motion?
Kingsford: Please.
Morrow: My motion would be that we instruct the City Attorney to prepare findings of fact
and conclusions for a variance to allow on street parking and permit limited outdoor
seating with permission from ACRD on the request for variance by Albert and Susan
Berner and Marie Nanni.
Corrie: Second
Kingsford: Moved by Walt, second by Bob to have the City Attorney prepare findings of
fact and conclusions of law on the on street parking and the license agreement to use the
sidewalk for seating, all those in favor? Opposed?
MOTION CARRIED: 3 YEA, 1 NO
Kingsford: Is there a motion on the issue of beer within 300 feet of a church?
Morrow: Mr. Mayor I would move that we grant that waiver for beer and wine within 300
feet of the church.
Tolsma: Second
Kingsford: Moved by Walt, second by Ron to grant the waiver of beer and wine within 300
Meridian City Council
October 17, 1995
Page 61
feet of a church, all those in favor? Opposed?
MOTION CARRIED: 3 YEA, 1 NO
•
ITEM #23: CONDITIONAL USE PERMIT REQUEST FOR A CELLULAR
COMMUNICATIONS FACILITY BY US NEWVECTOR GROUP, INC:
Kingsford: is there someone from NewVector Group that can enlighten the Council on
that?
McFadden: My name is Tim McFadden my office address is 11201 SE 8th Street,
Bellevue, WA, I am an acquisition and zoning consultant for US West.
Kingsford: Counselor, is this a public hearing, it was not dully noted on the agenda. Do we
need to have a public hearing in that zone?
Crookston: No
McFadden: With regard to the findings of fact and conclusions of law, I have one
correction that I would like to suggest and which is a typo in one comment or request. The
correction is on page 3, paragraph 9, I believe there is an extra zero in there. This site has
got to be 360 feet west as opposed to 3600 feet west of Meridian Road. The comment or
the request that I have is on page 7, item #7, that the applicant would be required to get
a variance from the Height restriction of 40 feet. The reason why I am requesting some
action on that is that during apre-application meeting in discussions with staff the P & Z
hearing there was no discussion or mention of a variance being needed. At the pre-
application meeting, let me first of all tell you that I have done this work for 3 years,
typically the height and the use are considered under a single zoning function being with
the antenna height for us is a critical part of the use. In other words if you grant the use
without giving us the height that we need for the antenna the use is basically non-
functional to us. We have to have the height for the cellular antennas to get the coverage
that we require. The second point was that the Meridian code, my reading of the Meridian
code, subject of course to correct, on page 50.1, section 2-410, it seems to give an
exemption for this type of facility from the height restriction because I will just read it to
you. It says exceptions to height regulations, the height limitations contained in the zoning
schedule of bulk and coverage controls do not apply to spires, belfries, (inaudible) pole
antennas, water tanks, public utility power poles. This is a situation that we run into all of
the time, because cellular is so new it is typica0y not called out by name in all but the very
most recent zoning codes. But vve are a public utility, we are regulated as a public utility
and in some of the other jurisdictions that have added us to their zoning codes, amended
the codes to include cellular uses they do it under the auspices or under the category of