HomeMy WebLinkAboutSimmerly, Ross CUPOFFICIALS
JACK NIEMANN, City Clerk
A. M. KIEBERT, Treasurer
RICHARD D. NICHOLS, Chief of Police
BRUCE D. STUART, Water Works, Supt.
WAYNE G. CROOKSTON, JR., Attorney
EARL WARD, Waste Water Supt.
KENNY BOWERS, Fire Chief
0- HUB OF TREASURE VALLEY 40
A Good Place'to Live -
CITY OF MERIDIAN
728 Meridian Street
MERIDIAN, IDAHO
83842
Phone 8884433
GRANT P. KINGSFORD
Mayor
August 31, 1984
Mr. Ross Simerly
532 East Pine Street
Meridian, Idaho 83642
Dear Mr. Simerly,
It has been brought to the attention of the City of
Meridian that you are conducting a radiator repair
business at your property located at 532 East Pine
Street.
COUNCILMEN
BILL BREWER
RONALD R. TOLSMA
J. E. BERT MYERS
ROBERT GIESLER
BOBSPENCER
Chairman Zoning & Planning
This property is zoned residential and it is a vio-
lation of the Ordinances of the City of Meridian to
conduct a business in a residential -zone without first
obtaining a Conditional Use Permit.
Applications for a Conditional Use Permit are available
at the City Hall.
Sincerely,
:minstrXtor of Zoning _
-De we pment Ordinance. c
pc: Mayor
Council
Attorney
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MERIDIAN CITY COUNCIL JANUARY 7. 1985
REGULAR MEETING OF THE MERIDIAN CITY COUNCIL CALLED TO ORDER BY
MAYOR GRANT KINGSFORD AT 7:30 P.M.
MEMBERS PRESENT: BILL BREWER, RON TOLSMA, BERT MYERS, BOB GIESLER
OTHERS PRESENT: ROSS & LILA SIMERLY, LLOYD HOWE, BRUCE STUART,
SHELLY CLARK, VAUGHN THURGOOD, SANDY GALE, PAT MEWES, KENNY BOWERS,
DAN LINE, GARY SCHAFFER, LEE ROY NELSON, EARL WARD, GARY SMITH,
WAYNE CROOKSTON, TOM COLE, BOB MITICH, BOB SPENCER, D'ARLENE
STUTZMAN, LEON GINGRICH, JOHN HVEZDA, MOE ALIDJANI, MEMBERS OF
SCOUT TROOP # 128:
MINUTES OF PREVIOUS MEETING HELD DECEMBER 17, 1984 WERE APPROVED
AS WRITTEN.
MAYOR KINGSFORD WELCOMED THE BOY SCOUTS THAT WERE IN ATTENDANCE.
i
'ITEM #1: PUBLIC HEARING, CONDITIONAL USE PERMIT, ROSS SIMERLY:
MAYOR KINGSFORD OPENED THE MEETING FOR PUBLIC HEARING, THERE
WAS NO RESPONSE, PUBLIC HEARING CLOSED:
COUNCILMAN BREWER, CITY -COUNCIL SHOULD APPROVE OF REQUEST, THERE
HAVE BEEN SEVERAL COMMENTS RECEIVED IN FAVOR OF THE CONDITIONAL
USE PERMIT, THE NEIGHBORS HAVE NO OBJECTIONS. I AGREE THAT IN
THE FINDINGS (PAGE 4, ITEM # 5) ACHD RECOMMENDATIONS SHOULD NOT
BE REQUIRED.
THERE WERE NO OTHER COMMENTS FROM THE COUNCIL.
THE MOTION WAS MADE BY TOLSMA AND SECONDED BY GIESLER TO APPROVE
AND ADOPT THE FINDINGS OF FACT AND CONCLUSIONS AS PREPARED FOR
THE PLANNING AND ZONING COMMISSION.
MOTION CARRIED: ALL YEA:
THE MOTION WAS MADE BY TOLSMA AND SECONDED BY MYERS TO APPROVE
THE CONDITIONAL USE PERMIT FOR ROSS SIMERLY.
COUNCILMAN BREWER, HOW ARE WE GOING TO PROCEED ON THE WATER AND
SEWER, ADDITIONAL CHARGES OR NOT? I FEEL WE SHOULD NOT ASSESS
ADDITIONAL CHARGES.
CITY ATTORNEY, WAYNE CROOKSTON, THE PERMIT SHOULD BE GRANTED
WITH THE STIPULATION THAT THEY COMPLY WITH ALL CITY ORDINANCES.
CHANGES IN THE WATER AND SEWER POLICY SHOULD BE THE DECISION
OF THE BOARD OF APPRAISERS.
MOTION CARRIED: ALL YEA:
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the
City of Meridian, and the laws of the State of Idaho, that a hearing
will be held before,:tthe City Council of the City of Meridian, at the
City Hall in the City of Meridian, 728 Meridian Road, Meridian, Idah
at 7:30 o'clock p.m. on the 7th day of January, 1985, for the
purpose of considering the application for the issu:ance of a
Conditional Use Permit to Ross Simerly and Lila Simerly for the
operation of a radiator repair -and tractor tire repair shop which
shop has previously been.operated as such since 1978 at 532 East
Pine Street, Meridian, Idaho, which location is more particularly
described as Lot 1, E 1/2 of Lot 2, Block 1, Meridian Cottage Home
Addition, records of''Ada County, State of Idaho which property is
zoned residential.
The public is welcome and all evidence, testimonial or
documentary, shall be received.
DATED thisz—.66day of December, 1984.
i acx,lNiemanR,n.,
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridien; Idaho
83842
Telephone 888-4481
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MERIDIAN PLANNING & ZONING
DECEMBER 10, 1984
Meeting called to order by Chairman Bob Spencer at 7:30 p.m.
Members Present: Walt Morrow: Moe Alidjani; Jim Johnson; Jim Shearer;
Tom Cole;
Others Present: Wayne Crookston
The Motion was made by :Morrow and seconded by Alidjani to approve the
minutes of the meeting held November 12, 1984 as written: All Yea:
Item #1.: Findings of Fact and Conclusions on Simerly-Conditional Use
Permit:
Chairman Spencer, are there any comments from the Commission?
There were none:
The Motion was made by Morrow and seconded by Shearer that the Meridian
Planning & Zoning Commission hereby adopts and approves the Findings of
Fact and Conclusions.
Motion Carried: Morrow, Yea; Alidjani, Yea; Johnson, Yea; Shearer, Yea;
Cole, Yea;
The Motion was made by Morrow and seconded by Johnson that the Meridian
Planning & Zoning Commission hereby recommends to the City Council that
they approve the Conditional Use Permit requested by the Applicant for
the property described in the application under the conditions stated
in the Findings of Fact and Conclusions.
Motion Carried: All Yea:
Item #2: Findings of Fact and Conclusions on Gingrich Conditional Use
Permit:
Chairman Spencer, are there any comments from the Commission? -
There were none:
The Motion was made by Alidjani and seconded by Shearer that the
Meridian Planning & Zoning Commission hereby adopts and approves these
Findings of Fact and Conclusions:
Motion Carried: Morrow, Yea; Alidjani, Yea; Johnson, Yea; Shearer, Yea;
Cole, Yea:
The Motion was made by Shearer and seconded by Alidjani that the
Meridian Planning & Zoning Commission hereby recommends to the City
Council that they approve the Conditional Use Permit requested by the
Applicant for the property described in the application under the
conditions stated in the Findings of Fact and Conclusions:
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MERIDIAN PLANNING & ZONING
DECEMBER 10, 1984
Meeting called to order by Chairman Bob Spencer at 7:30 p.m.
Members Present: Walt Morrow: Moe Alidjani; Jim Johnson; Jim Shearer;
Tom Cole;
Others Present: Wayne Crookston
The Motion was made by :Morrow and seconded by Alidjani to approve the
minutes of the meeting held November 12, 1984 as written: All Yea:
Item #1.: Findings of Fact and Conclusions on Simerly-Conditional Use
Permit:
Chairman Spencer, are there any comments from the Commission?
There were none:
The Motion was made by Morrow and seconded by Shearer that the Meridian
Planning & Zoning Commission hereby adopts and approves the Findings of
Fact and Conclusions.
Motion Carried: Morrow, Yea; Alidjani, Yea; Johnson, Yea; Shearer, Yea;
Cole, Yea;
The Motion was made by Morrow and seconded by Johnson that the Meridian
Planning & Zoning Commission hereby recommends to the City Council that
they approve the Conditional Use Permit requested by the Applicant for
the property described in the application under the conditions stated
in the Findings of Fact and Conclusions.
Motion Carried: All Yea:
Item #2: Findings of Fact and Conclusions on Gingrich Conditional Use
Permit:
Chairman Spencer, are there any comments from the Commission? -
There were none:
The Motion was made by Alidjani and seconded by Shearer that the
Meridian Planning & Zoning Commission hereby adopts and approves these
Findings of Fact and Conclusions:
Motion Carried: Morrow, Yea; Alidjani, Yea; Johnson, Yea; Shearer, Yea;
Cole, Yea:
The Motion was made by Shearer and seconded by Alidjani that the
Meridian Planning & Zoning Commission hereby recommends to the City
Council that they approve the Conditional Use Permit requested by the
Applicant for the property described in the application under the
conditions stated in the Findings of Fact and Conclusions:
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P -& 2,, 12/10/84
Page #2
Motion Carried: All Yea:
Being no further business to come before the Commission the Motion
was made by Shearer and seconded by Morrow to adjourn at 7:35 p.m.:
Motion Carried: All Yea:
APPROVED:
BOB SPENCER, CHAIRMAN
TEST:
Jack 1Vr::r
nn ity Clerk
Ma & Council
P Z Commission
Police, Fire, JUB
Stuart, Ward, Kiebert
Atty, Hein, Mitich
Valley News, Statesman
ACRD, ACC, ACZ, NMID
APA, CDH
File (2)
Mail (2)
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Page #2
Motion Carried: All Yea:
Being no further business to come before the Commission the Motion
was made by Shearer and seconded by Morrow to adjourn at 7:35 p.m.:
Motion Carried: All Yea:
APPROVED:
BOB SPENCER, CHAIRMAN
TEST:
Jack 1Vr::r
nn ity Clerk
Ma & Council
P Z Commission
Police, Fire, JUB
Stuart, Ward, Kiebert
Atty, Hein, Mitich
Valley News, Statesman
ACRD, ACC, ACZ, NMID
APA, CDH
File (2)
Mail (2)
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AMBROSE,
FITZGERALD
6CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridien, Idaho
83842
Telephone 8884481
BEFORE THE MERIDIAN PLANNING AND ZONING COPS"4ISSION
ROSS AND LILA SIMERLY
CONDITIONAL USE PERMIT
At 532 East Pine Street
Meridian, Idaho
PI14DINGS OF FACT AND CONCLUSIONS
The above entitled matter having corse on for public hearing
November 12, 1984, at the hour of 7:30 o'clock p.m., the Petitioner
appearing in person, the Planning and Zoning Commission of the City
of Meridian having duly considered the evidence and the matter makes
the following Findings of Fact and Conclusions:
FINDINGS OF FACT
1. That notice of a public hearing on the Conditional Use
Permit was published for two (2) consecutive weeks prior to the sai
public hearing scheduled for November 12, 1984, the first publicati
of which was fifteen (15) days prior to said hearing; that the mat-
ter was duly considered at the November 12, 1984, hearing; that the
public was given full opportunity to express comments and submit
evidence; and that copies of all notices were made available to
newspaper, radio and television stations.
2. That this property is located within the Cite of Meridian
and is owned by the applicant and is known as 532 East Pine Street;
3. That the property is located in a residential area; and
is zoned residential;
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AMBROSE,
FITZGERALD
6CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridien, Idaho
83842
Telephone 8884481
BEFORE THE MERIDIAN PLANNING AND ZONING COPS"4ISSION
ROSS AND LILA SIMERLY
CONDITIONAL USE PERMIT
At 532 East Pine Street
Meridian, Idaho
PI14DINGS OF FACT AND CONCLUSIONS
The above entitled matter having corse on for public hearing
November 12, 1984, at the hour of 7:30 o'clock p.m., the Petitioner
appearing in person, the Planning and Zoning Commission of the City
of Meridian having duly considered the evidence and the matter makes
the following Findings of Fact and Conclusions:
FINDINGS OF FACT
1. That notice of a public hearing on the Conditional Use
Permit was published for two (2) consecutive weeks prior to the sai
public hearing scheduled for November 12, 1984, the first publicati
of which was fifteen (15) days prior to said hearing; that the mat-
ter was duly considered at the November 12, 1984, hearing; that the
public was given full opportunity to express comments and submit
evidence; and that copies of all notices were made available to
newspaper, radio and television stations.
2. That this property is located within the Cite of Meridian
and is owned by the applicant and is known as 532 East Pine Street;
3. That the property is located in a residential area; and
is zoned residential;
Page 1
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P.O. Box 427
lerldlan,Idaho
8�842
Bpho a 8884481
including the mailing of notice to owners of property within 300
feet of the external boundaries of the applicant's property and
having obtained the consent of 750 of the owners of property within
300 feet of the external boundaries of the applicant's property;
2. That the City of Meridian has authority to grant condi-
tional uses pursuant to 67-6512, Idaho Code, and, pursuant to
11-2-418 of the Revised and Compiled Ordinances of the City of
Meridian, Idaho;
3. That the City of Meridian has authority to place conditio
on a conditional use permit and the use of the property pursuant to
67-6512, Idaho Code, and pursuant to 11-2-418(D) of the Revised and
Compiled Ordinances of the City of Meridian, Idaho;
4. That 11-2-418(C) of the Revised and Compiled Ordinances
of the City of Meridian sets forth the standards under which the
Planning and Zoning Commission and the City Council shall review
applications for Conditional Use Permits; that upon a review of
those requirements and a review of the facts presented and the con-
ditions of the area, the Planning and Zoning Commission specificall
concludes as follows;
Page 3
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a. The use, in fact, constitutes a conditional use and a con
ditional use permit is required by ordinance.
b. The use will be harmonious with and in accordance with
the Com7.rehensive Plan and the Zoning Ordinance.
c. The use is designed, constructed, operated, and maintaine
to be harmonious in appearance with the intended characte
of the general vicinity.
d. That the use will not be hazardous or distrubing to ex-
isting or future neighboring uses.
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e. The use will not create excessive additional requirements
at public cost for public facilities and services and will
not be detrimental to the economic welfare of the com-
munity.
f. The use will not involve uses, activities, processes,
materials, equipment and conditions of operation that will
be detrimental to any person, property or the general wel-
fare by reason of excessive production of traffic, noise,
smoke, fumes, glare or ordors.
g. The use will not result in the destruction, loss or damage
of a natural or scenic feature of major importance.
5. That the recommendations and requirements submitted by the
Ada County Highway District are felt to be onerous to the Applicant
and shall not be required.
6. That the Applicant shall be required to pay commercial
rates for sewer, water, and trash and shall be required to pay for
any additional connection fees for water and sewer necessitated by
his uses.
7. That the permit once granted shall be personal to the
Applicants and shall not be transferrable to other individuals nor
shall the permit run with the land.
8. That the City has authority to review conditional use
permits, and may do so to see that the use is still appropriate irL-
the area and whether it should be continued.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and ap-
proves these Findings of Fact and Conclusions.
&CFOOKSTON
Page 4
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e. The use will not create excessive additional requirements
at public cost for public facilities and services and will
not be detrimental to the economic welfare of the com-
munity.
f. The use will not involve uses, activities, processes,
materials, equipment and conditions of operation that will
be detrimental to any person, property or the general wel-
fare by reason of excessive production of traffic, noise,
smoke, fumes, glare or ordors.
g. The use will not result in the destruction, loss or damage
of a natural or scenic feature of major importance.
5. That the recommendations and requirements submitted by the
Ada County Highway District are felt to be onerous to the Applicant
and shall not be required.
6. That the Applicant shall be required to pay commercial
rates for sewer, water, and trash and shall be required to pay for
any additional connection fees for water and sewer necessitated by
his uses.
7. That the permit once granted shall be personal to the
Applicants and shall not be transferrable to other individuals nor
shall the permit run with the land.
8. That the City has authority to review conditional use
permits, and may do so to see that the use is still appropriate irL-
the area and whether it should be continued.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and ap-
proves these Findings of Fact and Conclusions.
&CFOOKSTON
Page 4
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MOrld
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MIJ
P.OBox 427
larl Ian, Idaho
ROLL CALL:
Commissioner Morrow
Commissioner Alidjani
Commissioner Johnson
Commissioner Shearer
Commissioner Cole
Chairman Spencer (TIE BREAKER)
DECISION AND RECOMMENDATION
Vo to d �& s
Voted
Voted
Voted
Voted mos
Vo to d�
The Meridian Planning and Zoning Commission hereby recommends to
the City Council of the City of Meridian that they approve the
Conditional Use Permit requested by the Applicant for the property
described in the application under the conditions stated herein.
MOTION:
Page 5
APPROVED: A 4
DISAPPROVED:
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MIJ
P.OBox 427
larl Ian, Idaho
ROLL CALL:
Commissioner Morrow
Commissioner Alidjani
Commissioner Johnson
Commissioner Shearer
Commissioner Cole
Chairman Spencer (TIE BREAKER)
DECISION AND RECOMMENDATION
Vo to d �& s
Voted
Voted
Voted
Voted mos
Vo to d�
The Meridian Planning and Zoning Commission hereby recommends to
the City Council of the City of Meridian that they approve the
Conditional Use Permit requested by the Applicant for the property
described in the application under the conditions stated herein.
MOTION:
Page 5
APPROVED: A 4
DISAPPROVED:
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NOVEMBER 12, 1984
The regular meeting of the Meridian Planning and Zoning Commission was
called to order at 7:30 p. m. by Chairman Bob Spencer.
Members Present: Walt Morrow; Moe Alidjani; Jim Johnson; Jim shharer-f x
Tom Cole;
Others Present: George & Margaret Strellner; Lloyd Howe; Leon Gingrich;'
John Ewing; Shelly Clark & Colleen; Ross & Lila Simerly;
Gary Schaffer; Wayne Crookston;
The Motion was made by Morrow and seconded by Johnson to approve the
minutes of the previous meeting held October 9, 1984 as written.
Motion Carried: All Yea:
The Motion was made by Johnson and seconded'by Cole to approve the minutes
of the Special Meeting held October 18, 1984 as written.
Motion Carried: All Yea:
?--Item #1: Public Hearing, Conditional Use Permit for Ross Simerly:
Chairman Spencer advised the Commission that there was two written
comments received to be entered into the record which had no objection
to this request, in fact they were in favor. One item was from the
Oliason's who reside at 630 East Pine and one from A.E. Driscoll who
resides at 533 East Pine.
Mr. Simerly was present to represent his request.
Mr. Simerly advised the Commission that the City of Meridian had
received a complaint on his operation of a Radiator Shop from his
home which had been in operation since 1978. He also stated he was
retired and this was supplemental income and operated on a part
time basis. Mr. Simerly advised the Commission that only one person
who owned property in the area failed to sign his petition, this was_
the owner of the property directly to the East of him and at the
present time was vacant property.
The Owner of this property was not present at the Meeting.
Chairman Spencer opened the meeting for public hearing.
Mr. George Strellner, 527 East State, testified in favor of the
Conditional Use Permit for Mr. Simerly.
Mr. John Hvezda, 635 East State, I have no objections to this use
of the property.
Chairman Spencer closed the Public Hearing.
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There was dicussion among the Commission Members regarding Ada County
Highway District recommendations as well as assessment on Water and
Sewer should be required.
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The Motion was made by Morrow and seconded by Alidjani to have the
City Attorney prepare Findings of Fact and Conclusions on the Request.
Motion Carried: All Yea:
The Motion was made by Morrow and seconded by Cole that the Findings
reflect the Commissions recommendation of approval to the City Council
and that the Ada County'Highway District recommendations not be
enforced.
Motion Carried: All Yea:
Item #2: Public Hearing, Conditional Use Permit for Leon Gingrich.
The Commission was advised the property waslocatedin the Old Town
Zoning and any . tonstruc'tiok other than d.- tingle family required a
Conditional Use -Permit. -
Mr. Leon Gingrich was present to represent this request. - -
Mr. Gingrich stated he foresaw no problems with the Ada County Highway
recommendations.
Chairman Spencer opened the meeting for Public Hearing.
Mr. John Ewing, 325 East Second, I own a duplex at this address and
live in one side and am definately in favor of this project, would
clean up area and be a great improvement for the City of Meridian
in the Old Town District.
Mr. Ewing also presented written testimony from Merlyn Schmeckpeper
of 157 East Ada Street which stated he was also in favor of this
project.
No Further comments, Public Hearing closed.
The Motion was made by Morrow and seconded by Schearer to have the
City Attorney prepare Findings of Fact_and Conclusions on the
Conditional Use Permit request by Leon Gingrich.
Motion Carried: All Yea:
The Motion was made by Morrow and seconded by Cole that the findings
reflect recommendation of approval by the Commission to -the City
Council.
Motion Carried: All Yea:
Item #3: Findings of Fact and Conclusions on Comprehensive Plan
Amendments.
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 888-4487
NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the
City of Meridian, and the laws of the State of Idaho, that a hear-
ing will be held before the Planning and Zoning Commission of the
City of Meridian, at the City Hall in the City of Meridian, 728
Meridian Road, Meridian, Idaho, at 7:30 o'clock p.m., on the 12th-
day
2th
day of November, 1984, for the purpose of considering the ap-
plication for the issuance of a Conditional Use Permit to Ross
Simerly and Lila Simerly for the operation of a radiator repair
and tractor tire repair shop, which shop has previously been
operated as such since 1978 at 532 East Pine Street, Meridian,
Idaho, which location is more particularly described as Lot 1,
El/2 of Lot 2, Blk I, Meridian Cottage Home Addition, records
of Ada County, State of Idaho which property is zoned residential.
11 The public is welcome and all evidence, testimonial or
documentary, shall be received.
DATED this,/Y;j;Iday of October, 1984.
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AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 888-4487
NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the
City of Meridian, and the laws of the State of Idaho, that a hear-
ing will be held before the Planning and Zoning Commission of the
City of Meridian, at the City Hall in the City of Meridian, 728
Meridian Road, Meridian, Idaho, at 7:30 o'clock p.m., on the 12th-
day
2th
day of November, 1984, for the purpose of considering the ap-
plication for the issuance of a Conditional Use Permit to Ross
Simerly and Lila Simerly for the operation of a radiator repair
and tractor tire repair shop, which shop has previously been
operated as such since 1978 at 532 East Pine Street, Meridian,
Idaho, which location is more particularly described as Lot 1,
El/2 of Lot 2, Blk I, Meridian Cottage Home Addition, records
of Ada County, State of Idaho which property is zoned residential.
11 The public is welcome and all evidence, testimonial or
documentary, shall be received.
DATED this,/Y;j;Iday of October, 1984.
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AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 888-4487
NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the
City of Meridian, and the laws of the State of Idaho, that a hear-
ing will be held before the Planning and Zoning Commission of the
City of Meridian, at the City Hall in the City of Meridian, 728
Meridian Road, Meridian, Idaho, at 7:30 o'clock p.m., on the 12th-
day
2th
day of November, 1984, for the purpose of considering the ap-
plication for the issuance of a Conditional Use Permit to Ross
Simerly and Lila Simerly for the operation of a radiator repair
and tractor tire repair shop, which shop has previously been
operated as such since 1978 at 532 East Pine Street, Meridian,
Idaho, which location is more particularly described as Lot 1,
El/2 of Lot 2, Blk I, Meridian Cottage Home Addition, records
of Ada County, State of Idaho which property is zoned residential.
11 The public is welcome and all evidence, testimonial or
documentary, shall be received.
DATED this,/Y;j;Iday of October, 1984.
City Cle
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City Cle
August 31, 1984
Mr. Ross Simerly
532 East Pine Street
Meridian, Idaho 83642
Dear Mr. Simerly,
It has been brought to the attention of the City of
Meridian that you are conducting a radiator repair
business at your property located at 532 East Pine
Street.
COUNCILMEN �-
BILL BREWER
RONALD R. TOLSMA
J. E. BERT MYERS
ROBERT GIESLER
BOB SPENCER
Chairman Zoning & Planning
This property is. zoned residential and it is a vio-
lation of the Ordinances of the City of Meridian to
conduct a business in a residential zone without first
obtaining a Conditional Use Permit.
Applications for a Conditional Use Permit are available
at the City Hall.
Sincerely,
[minstr;ltor of Zoning
•Dewe Dment Ordinance.
pc: I Mayor
Council
Attorney
File.,-'*'
QHUB OF TREASURE VALLEY
A Good Place to Live -
OFFICIALS CITY OF MERIDIAN
JACK NIEMANN, City Clerk
A M. KIEBERT, Treasurer
RICHARD D. NICHOLS, Chief of Police 728 Meridian Street
BRUCE D. STUART, Water Works, Supt.
WAYNE G. CROOKSTON, JR., Attorney MERIDIAN, IDAHO
EARL WARD, Waste Water Supt. 83842
KENNY BOWERS, Fire Chief Phone 888-4433
GRANT P. KINGSFORD
Mayor
August 31, 1984
Mr. Ross Simerly
532 East Pine Street
Meridian, Idaho 83642
Dear Mr. Simerly,
It has been brought to the attention of the City of
Meridian that you are conducting a radiator repair
business at your property located at 532 East Pine
Street.
COUNCILMEN �-
BILL BREWER
RONALD R. TOLSMA
J. E. BERT MYERS
ROBERT GIESLER
BOB SPENCER
Chairman Zoning & Planning
This property is. zoned residential and it is a vio-
lation of the Ordinances of the City of Meridian to
conduct a business in a residential zone without first
obtaining a Conditional Use Permit.
Applications for a Conditional Use Permit are available
at the City Hall.
Sincerely,
[minstr;ltor of Zoning
•Dewe Dment Ordinance.
pc: I Mayor
Council
Attorney
File.,-'*'
0
bhr ii _2
COMMENTS°
�Y
ROSS SIMERLY�
CONDITIONAL USE PERMIT
532 East Pine Street �N p
1. Mayor Kingsford: Ross has been in busines illegally for several
years, we only recently got a complaint. If J
neighbors don't object , I have no problems.'
2. Councilman Brewer: Mr. Simerly has been at this location for several
years with no complaints from neighbors. I approve
of this permit.
3. Councilman Tolsma: Has consent of Neighbors. so therefor no problems
with me. '
4. Earl Ward: Change Sewer to Commercial Rate.
5. Central District Health: Approve with Central Water & Sewer.<';
6. Nampa -Meridian: Lateral ditches crossing property must be protected.
Precautions must be taken not to let any solvents
into irrigation water. ."
k y
10
7. Ada County Highway: See Comments attached.
8. Gary Smith, City Engineer: See Comments Attached.
9. A.E. Driscoll, 533 East Pine: See Written Testimony Attached. t,g}
10. Planning & Zoning Meeting held November 12, 1984 Attorney to prepare
Findings of Fact and Facts to refelct recommendation of approval.
11. P & Z Meeting held December 10, 1984 P & Z Commission approved
Findings of Fact and recommended approval by the City Council.
12. Letter received January 3, 1985 from George Strellner at 527 East
State which states he is in favor of this Permit. rt
r
fhfirman anti Members of the Meridian Planning & Zoning Commission:
There has been nothing which could possibly be considerea objectionable
to the operation of a radiator repair and tractor tire repair shop
at 532'Sast Pine Street, Meridian, Idaho, under operation and owner
ships of Ross and bila SimerIly,
We heartily endorse their application for the issuance of a Conditiona3l
Lsn Permit to continue operation of this business. MDt only is this
business an asset ,to the community but brings a liviihood to the
Simerlys,
V6 live directly across the street from the Simerlys: and --have fouza
ourselves, in need of their services frowitime to time.
Was Lmalla Po 01iason
603 haat Pine
,Meridian, Id
Doris 01iason
603 Leat rine
Meridian, Idaho
ADA COURITY HIGHWAY DISTRICT
SIGNATURE OF SUBMITTING:
Allan F. Samuels, P. E.
x
318 EAST 37TH STREET
BOISE, IDAHO 83714
Inter -Department
Correspondence
ADA
COUNTY HIGHWAY DISTRICT COMMISSION
To:
October 25, 1984
Date:
From: DEVELOPMENT SERVICES
Subject: RADIATOR SHOP - 532 E PINE, MERIDIAN
FACTS
AND FINDINGS:
1.
To operate a radiator repair shop and tractor tire repair at 532
E Pine Street in meridian.
2.
E. Pine Street is improved with curb and paving, 80 -feet of right-
of-way.
3.
E. Pine is designated as a collector.
RECOMMENDATIONS:
1.
Parcel should provided turn around capabilities.
2.
Replace all damaged and uneven sidewalk sections on E Pine abutting
parcel.
3.
Any work within the right-of-way requires a permit.
4.
Access to parcel to be reviewed and approved by the District.
5.
Relocate all irrigation/drainage structures outside of the public
right-of-way. Prior to relocation, obtain written approval from the
applicable Jurisdiction.
POLICY IMPLICATIONS:
1.
Recommendations are made to Meridian City Planning and Zoning
Commission as Condition for Compliance.
SIGNATURE OF SUBMITTING:
Allan F. Samuels, P. E.
x
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A. E. Driscoll
533 E. Pine
Meridian, Ida
83642
To whom it may concerns
I Anthony E. briscolla Residing at 533 E. pine which is across
the street from the Simerly residence of 532 E. Pine, wish
to Have this statement included in the hearing for the Simerlyls
petition to be allowed to continue to operate the radiator
and tire shop at their residence.
In the 1* years that I have lived across from the
Simerlyls and the operation of their business there has
been very little noise and no traffic problems. Their
property is neater and cleaner then many of the properties
in the area.
Small busness is the backbone of the American way of
life and the interference of this persuete by goverment
agencys is against everything that America was founded on.
I realize that some restrictions must be applied, for
the protction of the people when a nuisance or a health
hazzard is involved but in this case the Simerly's business
Falls into neither of these groups.
Thank you:
A.E. Driscoll
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WNTRAL DISTRICT HEALTH DEPARTM16
ENVIRONMENTAL HEALTH DIVISION
1455 North Orchard
Boise, Idaho 83706
REVIEW SHEET
_ Rezone #
Conditional Use # QQ iq 161 P,..
Preliminat-y/Final/Short Plat A n�
5. _
6.
7.
We have no objections to this proposal.
We recommend denial of this proposal.
Return to:
Boise
Eagle
Meridian
Kuna
ACZ
Specific knowledge as to the exact type of use must be provided before we can comment on
this proposal.
We will require more data concerning soil conditions on this proposal before we can comment.
We will require more data concerning the depth of (high seasonal ground water)(solid lava)
from original grade before we can comment concerning individual sewage disposal.
We can approve this proposal for individual sewage disposal to be located (2,4) feet above
solid lava layers.
We can approve this proposal for:
_?Fentral sewage Interim sewage Individual sewage _ Community sewage system
and ntral water Individual water _ Community water well.
Plans for YCentral sewage Com unity sewage system Sewage dry lines, and
Central water _Community water must be submitted to and approved by the Regional
ifealth and Welfare Environmental Services Field Office.
Street runoff is not to create a mosquito breeding problem.
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)(beverage
establishment)(swimming pools or spas)(grocery store).
Reviewed by
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NAME:
ADDRESS:
GENERALI-I�/
DE-SCRIPTION OF PROPOSED CONDITIONAL USE:/l ifs (yt�,ces-cel ��� awv
_--
CITY OF MERID'1��.N APPLICATION FOR A CONDITIONSE PERMIT
Phone
ZONING CLASSIFICATION:�(,®,L�
PLAN: A plan of the proposed site for the conditional use -showing the location of,
all buildings, parking and loading areas, traffic access and traffic circu-
lation, open spaces, landscaping, refuse and service areas, utilities,
a+iu
signs and yards. y a
LEGAL NOTICE OF PUBLIC HEARING
Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian
Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hal;
on at
The purpose of the Hearing is to consider a.CONDITIONAL USE PERMIT submitted by
for the property generally described
as located at
SUBDIVISION BLOCK LOT NUMBER
TO
i
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f
4 �
�
LEGAL NOTICE OF PUBLIC HEARING
Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian
Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hal;
on at
The purpose of the Hearing is to consider a.CONDITIONAL USE PERMIT submitted by
for the property generally described
as located at
SUBDIVISION BLOCK LOT NUMBER
TO
i
o 0
CONTENTS OF CONDITIONAL USE APPLICATION
An application for a Conditional Use Permit shall be filed with the
Administrator by at least one (1) owner or lessee of property for
which such conditional use is proposed. At a minimum, the application
shall contain the following information where applicable. (Applica-
tion available from Administrator.):Ox,�
1. Name, address and phone number of applicant;°s
2. Name, address and phone number of owner of subject property; C
.�'"�� .r
3. Legal description of property,
4. Proof of ownership of,subject property; � �jLd
5. Description of existing use;` /�e� )
6. Present use of subject property;
7. Proposed use of the subject property,/RAA
Z"r F
? 8. The District that pertains to the subject property; ow9
Twenty-seven (27) copies of a vicinity map of a scale of one
(1) inch equals three hundred (300) feet;
10. Characteristics of subject property wh'ch make a conditional
use desirable;� ,m t �� -7 ��
11. A listing of the mailing addresses of all property owners (from
authentic tax records of Ada County) who are within three
hundred (300) feet of the external boundaries of the land being
considered, and a list of all owners within the area being
considered for a Conditional Use;
12. A petition signed by three-fourths (3/4)'or seventy-five percent
(750) of all those persons owning property within said three
hundred (300) feet approving of the Conditional Use, and *a
petition signed by one hundred percent (100%) of all landowners
within the area being considered showing their approval of the
proposed Conditional Use;
13. A fee established by the Council; (See 2-422 A) $160.00
14. A statement that the owner grants a lien against said property
for payment of all costs incurred by the City including engineer-
ing, publication and attorneys fees.
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PETITION REQUIREMENTS: -
'' 1. Petitioner must supply a comprehensive list of ALL residences within 300 feet
from the proposed Conditional Use property line to include Name, Address,
Telephone and Date.
2. Supply 20 copies of all required material.
3. Three-fourths (750) of those persons ' .. owning property within 300 feet
must agree to this Conditional Use before the proposed use will be considered.
!
WE THE UNDERSIGNED DO NOT OBJECT TO i USING THE PROPERTY
LOCATED AT , MERIDIAN, FOR T PURPOSE OF J_�,
Ao
NAME '
ADDRESS
PHONE
DATE
x,33
017
" S -L
3
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PETITION REQUIREMENTS: - _ -
1. Petitioner must supply a comprehensive list of ALL residences within 300 feet
from the proposed Conditional Use property line to include Name, Address,
Telephone and Date.
2. Supply 20'copies of all required material.
3. Three-fourths (75%) of those persons owning property within 300 feet
must Aw7ee to this Conditional Use before the proposed use will be considered.
WE THE UNDERSIGNED DO NOT OBJECT TO d USING THE PROPERTY
LOCATED AT,, MERIDIAN, FOR HE PURPOSE
F ,
NAME '
ADDRESS
PHONE
DATE
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WARRANTY DFOD ,N®a
ED
r For Value Received CARL NEUMANN AND LEONA P. NEUMANN, husband and wife,
the grantors, do hereby grant, bargain, sell and convey unto
cc W cc EZ
h� ROSS W. SIMERLY and LILA E. SIMERLY, husband and wife,
WW u
the grantees, the following described premises, in ......... AIIA---------------- County Idaho, to wit:
Itt1{Ault/t ttH
tumatn;v,=rn
19ZS00
4P '74
LOT ONE (1) AND EAST HALF (Ell) OF LOT T140 (2) ALL IN
BLOCK ONE (1) OF COTTAGE HOME ADDITION TO MERIDIAN,
IN ADA COUNTY, STATE OF IDAHO
e
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee r?
their heirs and assigns forever. And the said Grantors do hereby covenant to and
with the said Grantees , that t he y are the owner s in fee simple of said premises; that they are free
prom all incumbrances
h?�•aESN°4�R�. e�%a
j
W
�e
�y
4.
F
WARRANTY DFOD ,N®a
ED
r For Value Received CARL NEUMANN AND LEONA P. NEUMANN, husband and wife,
the grantors, do hereby grant, bargain, sell and convey unto
cc W cc EZ
h� ROSS W. SIMERLY and LILA E. SIMERLY, husband and wife,
WW u
the grantees, the following described premises, in ......... AIIA---------------- County Idaho, to wit:
Itt1{Ault/t ttH
tumatn;v,=rn
19ZS00
4P '74
LOT ONE (1) AND EAST HALF (Ell) OF LOT T140 (2) ALL IN
BLOCK ONE (1) OF COTTAGE HOME ADDITION TO MERIDIAN,
IN ADA COUNTY, STATE OF IDAHO
e
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee r?
their heirs and assigns forever. And the said Grantors do hereby covenant to and
with the said Grantees , that t he y are the owner s in fee simple of said premises; that they are free
prom all incumbrances
h?�•aESN°4�R�. e�%a