HomeMy WebLinkAboutResponse to Staff ReportPage 1 of 2
Tara Green
From: Joe Canning [jdcanning@baengineers.com]
Sent: Tuesday, September 02, 2008 12:44 PM
To: Sonya Watters; Tara Green; Machelle Hill; Nancy Radford; Jaycee Holman
Cc: C. Caleb Hood
Subject: Jacksons Food Stores VAC ~ VAR Staff Report for 9/2 CC Mtg
Sonya,
The following are comments on the staff report for file numbers VAC-08-003 and VAR-08-007.
Response to StafF Report
We have reviewed the Staff report relating to the applications submitted by Jacksons Food Stores, VAC-08-003
and VAR-08-007. Jacksons generally agrees with the Staffs assessment and recommendations. We do have the
following minor comments:
1. Jacksons is in agreement with the proposed modification to its requested vacation of Plat Note 6 pursuant to
VAC-08-003. Jacksons does not object to the retention of the portion of Plat Note 6 regarding ACHD's rights
relating to Pine as such access has been previously approved.
2. The statement on Page 4 of the Staff Report regarding when Jacksons obtained the access rights it asserts
from ITD needs some clarification. ITD initiated a condemnation proceeding to acquire right of way for expansion
of Eagle Road in the late 1980's. ITD and the Dobarans, Jacksons' predecessors in interest, entered into a
stipulation for settlement of the condemnation proceeding resulting in the entry of the Second Judgment by
District Judge Newhouse on April 19, 1989. The Second Judgment confirmed ITD's grant of future commercial
access rights to the Dobaran family and its successors to Eagle Road. The rights granted by that Second
Judgment were the basis for Jacksons' petition for judicial review when ITD denied Jacksons application for an.
access permit. During the pendency of that administrative proceeding as well as its ultimate appeal, Jacksons
initiated the 2007 application to the City of Meridian that is discussed at length in the Staff report. The District
Court ultimately granted Jacksons' petition for judicial review and reversed ITD's denial of Jacksons' application
for an approach permit. It was at that point that ITD relented and acknowledged Jacksons' rights under the
Second Judgment, resulting in the revised design for the access which addressed Meridian's prior concerns and
was accepted by ITD. The granting of Jacksons' petition for judicial review occurred after Meridian acted upon the
2007 application. However, the Second Judgment was actually entered in 1989 long before Meridian's action on
the 2007 application
3. With respect to the required findings relating to a variance, it is important to further note that Jacksons suffers
an undue hardship because the current provisions of the UDC bar Jacksons from exercising the rights its
predecessors in interest had obtained as just compensation for ITD's prior take. The effect of the UDC if applied
without a variance would result in an uncompensated taking of Jacksons' property without just compensation.
Depriving Jacksons of those rights has the effect of taking a significant portion of the consideration that was given
for that condemnation originally and the value such rights had to the property.
Jacksons is in agreement with the proposed findings of fact set forth by Staff in Exhibit D to the Staff Report. With
the clarifications noted above, Jacksons is in agreement with the analysis and proposed findings and conclusions
set forth in the Staff Report.
Joseph D. Canning, P.E. / P.L.S.
Senior Engineer
idcanning(a)baengineers. com
9/2/2008
Page 2 of 2
9/2/2008
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