HomeMy WebLinkAboutFernstmaker, Leroy Annexation/ZoningAl`EMED
APPLICATION FOR ANNEXATION APPROVAL &
ZONING
Meridian Planning & Zoning Commission
Filing Information
1. GENERAL INFORMATION
N/A (private residence
(Proposed Name of Subdivision)
1665 W. Pine, Meridian, Idaho 83642
(General Location)
See attached pagers
(Legal Description - attach if lengthy)
888-2421
Leroy S. and Ida M. Fenstermaker (Telephone No. )
(Owner(s) of Record) (Name)
1665 W. Pine St. Meridian, Idaho 83642
(Address)
husband and wife 888-2421
Leroy & Ida Fenstermaker, (Telephone No. )
(Applicant) (Name)
1665 W. Pine, Meridian, Idaho 83642
(Address)
N/A
(Telephone No. )
(Engineer, Surveyor or Planner) (Name)
(Address)
Planning and Zoning, City Council
(•Jurisdiction(s) Requiring Approval)
Residential Single Family with a Conditional Use Permit Cmr ercial
(Type of Subdivision -Residential, Commericial, Industrial)
} One (1) Acres of Land in Contiguous ownership.
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PETITION
WE THE UNDERSIGNED pQ =2 OBJECT TO LEROY FENSTERMAKER USING
THE PROPERTY LOCATED AT 1665 W. PINE, MERIDIAN, IDAHO, FOR THE
PURPOSE OF REBUILDING AN AUTO REPAIR SHOP, DAKAGED BY FIRE.
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ADDRESS
^1ELEPHONE
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DATE
PETITION
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PETITION
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WE THE UNDERSIGNED W 1= OBJECT TO LEROY FENSTERMAKER USING
THE PROPERTY LOCATED AT 1665 W. PINE, MERIDIAN, IDAHO, FOR THE
PURPOSE OF REBUILDING AN AUTO REPAIR SHOP, DAMAGED BY FIFE.
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PETITION
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PETITION
WE THE UNDERSIGNED = = OBJECT TO LEROY FENSTEREAKER USING
THE PROPERTY LOCLTED AT 1665 W. PINE, KERIDIANj IDAHO, FOR THE
PURPOSE OF REBUILDING AN AUTO REPAIR SHOP, DAMAGED BY FIRE.
NAME P'
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DAT
PETITION
PETITION
WE THE UNDERSIGNED OBJECT TO LEROY FENSTERKAKER USING
THE PROPERTY LOCliTED A`1' 1665 W. PINE, MERIDIAN, IDAHO, FOR THE
PURPOSE OF REBUILDING Pli AUTO REPAIR SHOP, DAMAGED BY FIRE.
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PETI`1'ION
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PETITION
WE THE UNDERSIGNED DQ I= OBJECT TO LEROY FENSTERIiAYER USING
THE PROPERTY LOCATED AT I66- W. PINE, KERIDIAN, IDAHOr FOR THE
PURPOSE OF REBUILDING AN AUTO REPAIR SHOP, DAMAGED BY FIRE.
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TELEPHOU
DATE
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PETITION
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Ben F. Fowler
2535 Meadowridge
West Jordan, UT 84084
August 21, 1984
To Whom it may Concern,
Being the owner of the property at 1720 West Pine Meridian, Idaho,
I consent to -Leroy Fenstermaker of 1665 West Pine rebuilding his garage.
Sincerely,
?*CV
Ben F. Fowler
BFF/rf
On the 21st day of August, 1984 personally appeared before me Ben F. Fowler
the signer of the within instrument, who duly acknowledged to me that he executed
the same.
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.uvLmber 13, 1934.
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Subject: Annexntion And conJitionAl USE XEMIT
To whom it ramy concern:
We Would like to^-�e Annexed into the cit 7 of Meridian And Apply -for s conditionPl
use permit so thA,t we r -An rebuild our Au:o Repair shop, which wAs d6stroyed by fire
in April of this year. The shop wAs but.d..in 1972.
We hAve A 1800 squPre foot 3oid,'-which wPregoing to "fill in for "p'.qrking,..on the
..
"nst side of the Ohop. Thi; Area Will b! Kenced with P._sJx foot chain link fence
wLth slmts it it bil the Ens: And South sdes And cpnnot be seen from the road.
4,n the gest side 66 the sho,) will Also b! o six foot chpin link fence with slots.
,Jo cnn't go on City water becpuse we hAv., a water hant pump for heating And cooling,
but would gladly pay fo,r,city water.
Jc ig(�uld hc..qk up to City sewer,
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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 agree to this Conditional Use before the proposed use will be considered.
WE THE UNDERSIGNED DO NOT OBJECT TO Ley j'(�jiXf(�Y�1P/CISING THE PROPERTY
LOCATED ATfiri�u MERIDIAN, FOR THE PURPOSE OF�
NAME
ADDRESS
PHONE
DATE
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AMBROBE,
ITZGERAL0
CROOKSTON
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BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIA14
FENSTERIMAKER REQUEST FOR VARIANCE
FINDINGS OF PACT AND CONCLUSIONS
4M6ROSE,
iTZOERALD
ROOKSTON
110MOP and
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'rldjan, Id"
61042
.haft l*wl
The above entitled variance request having come on for
consideration on- May 20, 1985, at approximately 7:30
o'clock p.m. on said date, at the Meridian City Hall, 728
Meridian Street, Meridian, Idaho, and the City Council
having heard and taken oral and written testimony and the
applicant and his attorney, Alan Lance, appearing in
person, 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 May 20, 1985, the first publication
of which was fifteen (15) days prior to said hearing; that
the matter was duly considered at the May 20th hearing;
that copies of all notices were available to newspaper,
radio and television stations.
2. That the notice of public hearing is required to be
sent to property owners within 300 feet of the external
boundaries of the land beinar nnnci AcarAA r,,,rQ„m..}
11-2-416 E and 11-2-419 D of the Revised and Compiled
Ordinances of the City of Meridian; that this requirement
has been met.
3. That the Planning and Zoning Commission considered
the Applicant's request for annexation, zoning, and a
conditional use but did not consider the Applicant's
request for a variance as that request is only heard by the
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�MBROOE,
TZOERALD
AOOKBTON
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O. Bot 427
ialan, kW*
83042
nona0004401
City Council; That the Commission recommended approval of
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the annexation, zoning and the conditional use subject to
the approval by the City Council of the variance; that the
City Council has approved the annexation and the zoning and
approved Findings of Fact and Conclusions relating to the
annexation and zoning and those Findings of Fact and
Conclusions are incorporated herein as if set forth in full
hereat.
4. That the City Council, likewise, has approved of
Findings of Fact and Conclusions relating to the
Conditional Use and those are incorporated herein as if set
forth in full; that the City Council has not, however,
approved the Conditional Use Permit as the variance request
must first be approved.
5. That the zoning approved for the Applicant is
R-4 which is a residential zoning; that the Applicant
proposes to use a portion of his property as an automotive
repair shop; that an automotive repair shop is not an
allowed use or an allowed conditional use in the R-4
residential zone; that in order for the Applicant to use
his property for an automotive repair shop a variance must
be granted to the Zoning ordinance.
6. That the Applicant has used his porperty as an
automotive repair shop in the past and did so continuously
for approximately ten years; that his property was not then
in the City Limits of the City of Meridian but was In the
County; that a fire destroyed his building that he was
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using as a garage for automitve repair.
7. That his neighbors have previously objected to the
re-establishment of his repair shop and business; that they
have, however, now consented to the Applicant's proposed
uses providing the Applicant complies with the conditions
which have been made apart of his proposed Conditional Use
Permit.
8. That prior to making application to the City, the
Applicant did make application to the County to
re -construct his building which he had used for his
automitve shop but the size which the County would allow
was restricted and not sufficient to meet the needs of the
Applicant as far as operating an automitve repair shop
therein; that in order to make his business operation
economically sensible a larger shop was necessary but the
County would not allow a structure the size Applicant
needed; that the Applicant could have operated his business
in a smaller building and there would have been no control
over his conduct of the business; that by granting him his
applications the City allows him the space he needs and the
Applicant must comply with the conditions set forth.
9. That with the conditions that have been set forth
in the Findings of Fact and Conclusions relating to the
annexation, zoning, and the conditional use the standards
and conditions of the Zoning Ordinance will be met.
AMBROSE,
iTZGERALO
:ROOKSTON
CONCLUSIONS
AMBROBE,
iTZQERALD
-ROOKBTON
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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 2-11-419 of the Zoning Ordinance.
3. That the City Council has judged this application by
the guidelines, standards, criteria, and policies contained
in the Zoning Ordinance and upon the record submitted to it
and the things 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 there are special circumstances and conditions
affecting the property such that the strict application of
the provisions of the Zoning Ordinance would be
impracticable and unreasonable.
6. That strict compliance with the requirements of the
Zoning Ordinance would result in extraordinary hardship to
the Applicant because of the fire that destroyed his
previously operating business which fire was apparently not
the result of any actions of the Applicant.
7. That the granting of the variance will not be
detrimental to the public's welfare or injurious to other
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AMBROSE,
ITZOERALD
ZROOKSTON
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'Iddlan. IdWo
83013
ofta"I 04/01
APPROVED ------
DECISION
DISAPPROVED -------
The Application of Leroy Fenstermaker for a variance to
the Meridian Zoning Ordinace to allow the construction and
operation of an automotive repair shop in the R-4,
Residential Zone is hereby approved subject, however, to
the conditions and restrictions herein contained in these
Findinings of Fact and Conclusions and subject to the same
conditions and restrictions contained in his Conditional
use Permit and providing that neither the Variance nor the
Conditional Use permit shall be transferable to another
parcel of property or to another individual.
MOTION:
Approved ---------
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Disapproved --------
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AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 8881481
ORDINANCE NO.
�
FENSTERIiAKER ANNEXATION
AN ORDINANCE ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS
DESCRIBED AS A PART OF THE NE1/4, SE1/4, SECTION 11, TOWNSHIP 3
NORTH, RANGE 1 WEST, BOISE -MERIDIAN, ADA COUNTY,IDAHO; AND PROVID
AN EFFECTIVE DATE.
WHEREAS, the City Council and -the mayor of the City of Meridia
have concluded that it is in the best interest of said City to a
to the said City real property which is hereinbelow described:
FENSTERMAKER ANNEXATION
PARCEL 1
Part of the SE1/4 of Section 11, Township 3 North, Range 1
West of the Boise Meridian, in Ada County, Idaho, more
particularly described as follows:
Commencing at a point which is 25 feet West of the NE corner
of the SE1/4 of said Section 11; thence
West, 130 feet to the REAL POINT OF BEGINNING: thence
South, 283 feet; thence
West, 225 feet; thence
North, 80 feet; thence
East, 100 feet; thence
North, 203 feet; thence
East, 125 feet to the REAL POINT OF BECXINNING.
PARCEL 2
Part of the NE1/4 SEl/4, Section 11, Township 3 North, Range
1 West, BoiseTMIeridian, Ada County, Idaho, described as follow
Beginning at a point 124' South of the North line of said NE1/
SE1/4 280' West of the NE corner of said NE1/4 SE1/4, the REAL
POINT OF BEGcINNING; thence South 791; thence West 5.5' to a
point 285.5' West of the East line of said NE1/4 SE1/4; thence
North 79' to a point 124'South of the North line of said NE1/
SE1/4 which is 285.5' West of the East line of said NEI/4
SE1/4; thence East 5.5' along a line which is 124' South of th
North line of said NE1/4 SE1/4 to the REAL POINT OF-BEGINNINGc.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE CITY OF MERIDIAN, PDA COUNTY, IDAHO:
Section 1: That the above described and referenced real
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AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 88&4481
property is hereby annexed to the City ofrMtridian, and shall be
zoned as follows: R -4 -Residential.
Section 2: That the City Clerk shall cause one (1) copy of
the legal description and map which shall plainly and clearly
designate the boundaries of said property, to be filed with the
Ada County Recorder, Ada County Assessor, and the State Tax
Commission within ten (10) days following the effective date of
this Ordinance.
ce shall be in full force and effect
Section 3: This,Ordinan
from and after its passage, approval and publication as required
by law.
roved by the Mayor of the
PASSED by the CityCouncil and App.
a%� 198
City of p�ridian, Ada County, Idaho, this day of y
APPROVED:
ATTEST:
C
STATE OF IDAHO, )
ss.
County of Ada, )
I, JACK NIEMANN, City Clerk of the City of Meridian, Ada Count
Idaho, do hereby certify that the above and foregoing is a true,
full and correct copy of an Ordinance entitled "AN ORDINANCE
ANNEXING AND ZONING CERTAIN REAL
ROPERTY 11, TOWNSHIIC3'IS DESCRGE 1 S EST
PART OF THE NEl/4,SE1/4, SECTION
ADA COUNTY, PAHO; -AND PROVIDIN(17AN EFFECTIVE DATE,
BOISE -MERIDIAN, by the City Council and Mayor
passed as Ordinance No.
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of the City of Meridian, on the_3V-c_day of June, 1985.
DATED thisA of __ ,1985.
Cit rk of the ty of ,Mlericiian,
Ada Co nty, Idaho
STATE OF IDAHO,
ss.
County of Ada, )
,1985, before me, the under -
ON this day o_✓�R- personally
signed, a Nota y Pfublic i and for the said State, p Y
appeared JACK NI�,NN, known to me to be the person who subscribed
his name to the within and foregoing instrument, and acknowledged t,
me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my
andrst aboveed MY
official seal the day and year in this certificate
written.
(SEAL)
Notary Public for daho
Residing at Meridi , Idaho
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FOLEY & LANCE,CIiARTERED
Attorneys t , La:a
Heritage Buildin , Suite 300
77 E. Idho
P.O. Box 014
Meridian, Ida:o 83642
Howard R. Foley
Alan G. Lance
1,1ark S. Freeman
Weridian City Clerk
Meridian, Ids.ho 53642
Dear Clerk
Augusts 22, 1984
(208) 688-3535
Bnclose4 you will please find an Application for Annexation
Approval an Zoning before the MeridianlPlanning & Zoning
Commission w ick is filed on behalf of Leroyj and Ida Fenstermaker
formerly doixig business as Leroy's Auto Repa" r.
As you Ore aware, Mr. Fensterre, kers-Qsrage was destroyed by
fire earlier; this year. He is currently desirous of rebuilding
the structure for which a building permit needs to be issued.
1•1r. and 14rs.f Fenstermaker are des rous of annexation with the
City of Weri',di,an with th-e zoning ,d signation as residential and
light industrial which is consisten with the surrounding use.
E
should you have any questions concerning the application or
any other matters, please advise.
Since el yo rs,
Alan. Lance
AGL s cAb
Enclosure
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APPLICATION FOR AN
ZONING
Meridian Planning &
I. GENERAL INFORkATION
N/A (private residence)
(Proposed Name of Subdivision)`
I
1665 W. Pin4', Meridian, Idaho 83642
(General Location)
7
See attached papers
(Legal DescriQtion -attach if ,lengthy)
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Leroy S. & Id` M. Fenstermaker
(Owner(s) of )Record) (Name)
1665 West Pin%, Meridian, Idaho 83642
(Address)
Leroy & Ida Fenstermaker, husband and wi e
(Applicant) !(Name)
I:
1665 West Ping, Meridian, Idaho 83642
(Address)
N/A
(Engineer, Surveyor or Planner) (Name)
ON APPROVAL &
g Commission
Filing Information
888-2421
(Telephone No. )
888-2421
Telephone No. )
(Telephone No. )
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(Address)
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Planning and Zoning, City
(Jurisdiction s) Requiring A pro�ral)
The North 13; Feet of the Parceyl as the South 146 Feet of the Parcel as Light Industria
Residential S�ngle Family
(Type of Subdivision -Residential, Commercial, Industrial)
± 50 One K1) �
Acres of Land in Contiguous Ownership. -�
REQUEST F R ZONXIIG AMENDMENT 1UgD CERT,IF'ICAT8 OF COMPLIANCE
COME NO% the undersigned LEROY and IDA FENSTERNAIER, husband
and wife ana1do hereb, request Anne ation to the City of Meridian
on that parol as described in the pplication for Annexation and
f'
further req est a zoning of the f nt 137 feet of the lot as R4
residential''and zoning of the sou h 146 feet of the parcel as
light industrial.
The present land use is unan
execs to the City of Meridian
and currently controlled by Ada C
unty, Idaho. Primary use of
the propertyt! is that of a single -f
milt' dwelling and previously
has been use as commercial property
for purposes of automotive
repair. Th�' proposed lance use is
identical to former use and
zoning consi;stant with. adjacent p
operty and the comprehensive
plan. k
A
The ch4racteristics of subj
ct property which make the
zoning amendment aesirable are that
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the property is currently
contiguous with a light industri
1 use and zoning as well as
residential ;use and zoning with c
mmercial use property to the
south of the„subject property borde
ing upon residential property
which is toy the west and north o
the subject property. The
proposed z'gnincg amendment wo
ld comport with Meridian
comprehensive plan.
The undersigned owners hereby,
grant j�a lien against stad
property for; payment of all costs
ncurred Jy the City including
engineering, publication and attor eys
fees.
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,°�i,�'��i�1�i x�FtS:�' a �'�:I Va;ri %C3 t°°� 1.. C7 l:�L L�ii~ La�iMQTICi 4'1YlU�:iC 1lellilLu uYl:
. lal�: s.Lltic'Ca Lia Lf'.' 6 if:dtlal 1I�5LYl°t:lr�tl I1 Ci �.IC IU -I VIC'CtsJCCi ttt 1'tIO tla%
I11AILING DIST
A1,11) PRUPERTY WITHIP 30U FEET
OF 1665 We PINE
' " U" "
RECORD D� AQ
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S 1211 4174U5
ROBERT, LINDA MIT CH
1615 We PIKE
5090 View Drive
keridian, Idaho 8 642
Neridian, Idaho
83642
S 1211 417410;
LEROY, IDA FENSTE riAKER
SAME
PE`.t'ITIONLR
1665 We Pine
Heridian, Idaho 8 642
S 1211 417471
DDR. & MRS. DAVID OAIACH
SAME
1705 we Pine
Weridian, Idaho 8 642
S 1211 41747u'RICHARD
r WANDA RI 'H
SANTE
1725 W, Pane
Meridian, Idaho 8 642
S 1211 417220"
MERIDIAN STORAGE
525 W. Linder
531 We Linder
Meridian, Idaho 8 642
Pieridian, Idaho
83642
S 1211 417305
STEVEN, TARY TACH LS
N. Linder
1630 E. Paradise
Meridian, Idaho 8 642
Meridian,
8364dian, Idaho
83642
S 1211 141837
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SCHOOL DISTRICT # �
W. Pine
(T900
eridian High Sc.$001)
911 Meridian St.
Meridian, Idaho
meridian, Idaho 8 642
83642
S 1211 142200
WILLIAM, JAIJIS DO NER
gAT,7E
1.760 W. Pine
Meridian, Idaho 8 642
S 1211 142210
DEN, JANIS FOWLER
1725 W. Pine
406 E. Broadway
Meridian, Idaho 8 642
Meridian, Idaho
83642
S 1211 14239!
ALFRED, SUSIE ROD E
SAME
1616 We Pine
'
11•leridian, Idaho 8 642
S 1211 142291
CLYDE L. DEMPSEY
SAME
P
and .SUSIE A. HOLI AY
Pi
1680 W. PINE
f
Meridian, Idaho 8 642
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MAILING LIST
PAGE 2
R 9322501900
R 5200980010
HARVEY E ANDERSON
124 Lale
Seal Beach, Caiifo
90740
QUINAULT TRIBAL ENTE RISES
g C%0 Seafood Plant
P.O. Box 217
Taholah, Washington
98589
MERL D. MARTENSEN
1572 W. Idaho Court
Meridian, Idaho 83642
LOT 6 WEST LAWN
SUBDIVISION, MERIDIAN
PARCEL ADJACENT TO
LINDER RD. LOCATED AT THE
SOUTH EAST QUADRANT OF
INTERSECTION OF PINE AND
LINDER RDS. MERIDIAN
PROPERTY LOCATED AT
NORTH EAST QUADRANT
OF INTERSECTION LINDER
AND PINE XERIDIAN,
IDAHO
MERIDIAN, IDAHO 83642
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MAILING LIST
PAGE 2
R 9322501900
R 5200980010
HARVEY E ANDERSON
124 Lale
Seal Beach, Caiifo
90740
QUINAULT TRIBAL ENTE RISES
g C%0 Seafood Plant
P.O. Box 217
Taholah, Washington
98589
MERL D. MARTENSEN
1572 W. Idaho Court
Meridian, Idaho 83642
LOT 6 WEST LAWN
SUBDIVISION, MERIDIAN
PARCEL ADJACENT TO
LINDER RD. LOCATED AT THE
SOUTH EAST QUADRANT OF
INTERSECTION OF PINE AND
LINDER RDS. MERIDIAN
PROPERTY LOCATED AT
NORTH EAST QUADRANT
OF INTERSECTION LINDER
AND PINE XERIDIAN,
IDAHO
MERIDIAN, IDAHO 83642
The lond refe red to in this policy Is situated Ir the county of Ada
State of IDAHand IsAoscribed as follows:
�
Part of he SE* of Section 11'.."lownship 3 North,, Range 1 West of
the Bois Meridian, 'In Ada County,, Idaho,, more particularly described
as follol rs:
Commencing at a point which is 5 to&t Went of the NE corner of the
SEJZf said Section 11; th nee
West, XX feet to the REAL POI. OF BEGINNING; thence
South, 3 feet; thence,
West, 2 feet] thenco,
North, 80 feeij thence
East 10-0 feet; thieng e
North, 203 feet; thence
East, 12 feet to the REAL PO;_NT OF BEGINNINGS
FOW 101 a
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AMBROSE,
FITZGERALD
A CROOKSTON
Attorneys and
Counselors
� P.O. Box 427
Meridien, Idaho
83842
Telephone 886-4481
BEFORE THE MERIDIAN PI2,NNING AND ZONING COMMISSION
FENSTERMAKER ANNEXATION AND CONDITIONAL USE
FINDINGS OF FACT AND CONCLUSIONS
The above entitled annexation and conditional use application
having come on for consideration on March 11, 1935, at approximately
7:30 o'clock p.m. on said date, at the Meridian City Hall, 728
Meridian Street, Meridian, Idaho, and the Commission having heard
and taken oral and written testimony and the applicant, Leroy
Fenstermaker, and his attorney, Alan Lance, appearing in person and
having duly considered the matter, the Planning and Zoning
Commission makes the following:
FINDINCS OF FACT
1. That notice of the public hearing on the annexation and
conditional use was published for two (2) consecutive weeks prior
to the said public hearing sechedule3for March 11, 1985, the first
publication of which was 15 days prior to said hearing; that the
matter was duly considered at the March 11, 1985 hearing; that
copies of all notices were made available to newspaper, radio and
television stations.
2. That notice of the 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, Revised and
Compiled Ordinances of the City of Meridian; that this requirement
has been met.
PAGE 1
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AMBROSE,
FITZGERALD
&CROOKSTON
3. That the Planning an
received both oral and writte
Zoning Commission (P & Z Comm.)
testimony.
4. That the property in luded in the A;pp'lication for
Annexation and conditional us is described in the application, and
by this reference is incorporated herein; that the property is
generally known as 1665 West line Street, Meridian, Idaho; that the
property is presently zoned by Ada County as 'R-4 Residential.
5. That the property is adjacent and abutting to the present
City limits;
6. That the property included in the annexation and conditiona
use application is within the Area of Impact of the City of Meridiar
7. That the entire pare 1 of ground is included within the
Meridian Urban Service Planning Area as the Urban Service Planning
Area is defined in the Meridian Comprehensive Plan.
8. That the application for annexation requests that the
parcel be annexed and zoned (R-4) Residential with a conditional use
permit to operate an automobile repair shop; that the property has
been used in the past as residential property and as a shop for the
repair of automobiles; that the repair shop was destroyed by fire.
9. That when the initial. repair shop was constructed the land
was governed by Ada County which required a Zoning Certificate prior
to construction of a building that the applicant or his builder
failed to obtain a Zoning Certificate prior to construction; that
applicant has petitioned Ada
repair facility but the Count
900 square foot structure.
PAGE 2
ty to allow him to reconstruct his
only granted permission to construct4
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83612
Telephone 8118 4481
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3. That the Planning an
received both oral and writte
Zoning Commission (P & Z Comm.)
testimony.
4. That the property in luded in the A;pp'lication for
Annexation and conditional us is described in the application, and
by this reference is incorporated herein; that the property is
generally known as 1665 West line Street, Meridian, Idaho; that the
property is presently zoned by Ada County as 'R-4 Residential.
5. That the property is adjacent and abutting to the present
City limits;
6. That the property included in the annexation and conditiona
use application is within the Area of Impact of the City of Meridiar
7. That the entire pare 1 of ground is included within the
Meridian Urban Service Planning Area as the Urban Service Planning
Area is defined in the Meridian Comprehensive Plan.
8. That the application for annexation requests that the
parcel be annexed and zoned (R-4) Residential with a conditional use
permit to operate an automobile repair shop; that the property has
been used in the past as residential property and as a shop for the
repair of automobiles; that the repair shop was destroyed by fire.
9. That when the initial. repair shop was constructed the land
was governed by Ada County which required a Zoning Certificate prior
to construction of a building that the applicant or his builder
failed to obtain a Zoning Certificate prior to construction; that
applicant has petitioned Ada
repair facility but the Count
900 square foot structure.
PAGE 2
ty to allow him to reconstruct his
only granted permission to construct4
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AMBROSE.
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
03812
Telephone 088401
10. That the applicant previously applied to this Commission
for annexation and zoning; that he applied to have his parcel zone)
(R-4) Residential for the Nor h'137 feet and as Light Industrial
(I -L) for the South 146 feet; that the Planning and Zoning Coimnissi
recommended denial of the previous application and the applicant
did not proceed on to the City Council but withdrew his application
and has now filed the present Application; that the Commission take's
official notice of the proceedings, file, evidence, and Findings of
Fact and Conclusions relating to the previous application.
11. That the property is located for Comprehensive Plan
purposes within what is referred to as "WA.RRIOR" which is a
neighborhood as defined by the Comprehensive Plan and designed
generally for residential uses; that the property in question lies
adjacent to industrially zoned property on the South and East which
is utilized by Meridian Storage for a large storage facility; that
U M ridian Storage propertv was annexed and zoned industrially in
U e V-
1977
1977 prior to adoption of th
also adjacent to the propert
residences; that the Meridia
1975 Meridian Comprehensive Plan; that
and across west Pine Street are
High School is in the immediate area
and its tennis courts are within 300 feet of the applicant's propertT.
12. That street access for the Meridian Storage property is
from Linder Road and there i substantial street frontage on that
property; that access to the land proposed by Applicant to be used
as an automobile repair shop under a conditional use permit is from
West Pine Street; that the access to that portion to be used for an
automobile repair shop is the same access as that which would be us
PAGE 3
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AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Who
GW2
Telephone On 4481
by the residential portion of the property; that this present access
is shared with the property adjacent on the east.
13. That the use of proper y as an automotive repair shop is
an industrial use; that the Meri ian Comprehensive Plan, Industrial
Policies, state as follows:
p_ 17 "5. Access to industrial areas from collector
and local streets should be discpuraged."
"6. Industrial uses adjacent to residential
areas should not create noise, odor, air
pollution and visual pollution .greater
than levels normally associated with
surrounding residential activities."
"7. Industrial development should not be
located adjacent to primary and secondary
schools."
118. Industrial uses that exist within areas
planned for other types of uses should
be encouraged to relocate to existing
Industrial Review Area;"
that West Pine Street is designated as a collector street in the
Meridian Comprehensive Plan at page 30.
14. That the applicant stated he had a water -to -air type heat
pump and did not want to connect to City water but was willing to p
for City water on some basis; that he indicated he would connect to
City sewer.
15. That in its comments on the application the Ada County
Highway District (ACRD) had several recommendations; that the
applicant indicated he had problems with the requirements of
putting curb, gutter, and sidevalks and improving the south 1/2 of
Pine Street adjacent to the property in question and did not want t
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AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Who
GW2
Telephone On 4481
by the residential portion of the property; that this present access
is shared with the property adjacent on the east.
13. That the use of proper y as an automotive repair shop is
an industrial use; that the Meri ian Comprehensive Plan, Industrial
Policies, state as follows:
p_ 17 "5. Access to industrial areas from collector
and local streets should be discpuraged."
"6. Industrial uses adjacent to residential
areas should not create noise, odor, air
pollution and visual pollution .greater
than levels normally associated with
surrounding residential activities."
"7. Industrial development should not be
located adjacent to primary and secondary
schools."
118. Industrial uses that exist within areas
planned for other types of uses should
be encouraged to relocate to existing
Industrial Review Area;"
that West Pine Street is designated as a collector street in the
Meridian Comprehensive Plan at page 30.
14. That the applicant stated he had a water -to -air type heat
pump and did not want to connect to City water but was willing to p
for City water on some basis; that he indicated he would connect to
City sewer.
15. That in its comments on the application the Ada County
Highway District (ACRD) had several recommendations; that the
applicant indicated he had problems with the requirements of
putting curb, gutter, and sidevalks and improving the south 1/2 of
Pine Street adjacent to the property in question and did not want t
PAGE 4
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or would not comply with the recommendations; that it has been the
policy of the City of Meridian to require compliances with ACRD
recommendations as a condition of annexation and development.
16. That the City Engineer, Gary Smith, made comment in writir
that City ordinances required the applicant to connect to water and
sewer and pay the prescribed connection fees; that he also commented
that the applicant did not submit a site plan as part of his
conditional use application whicb showed the building location,
parking and loading areas, traffic access and circulation, open
spaces, landscaping, refuse and service areas, utilities, signs
and yards; the Engineer also commented that the off-street parking
ordinances would have to be compiled with.
17. That in the prior annexation and zoning proceedings and
to some extent in these proceedings, objections to the use of the
property as an`automotive repair shop were voiced; that in the
prior proceedings a petition sig ed by several people living in the
area in question was submitted which petition objected to the
building and operating of an automobile repair shop; that another
petition was submitted the signrs of which stated that if the
application was granted it shou d be only granted conditioned upon
the following:
a, Six (6) foot screening fence be installed around
the property;
b. Automobile parts shouldnot be stored outside;
c. No wrecked cars should be within 150 feet of the
front property line;
AMBROSE.
FIIZGERALD
d
i CROOKSTON
N
Attomeys end
Counselors
P.O. Boz 427
PAGE 5
MerldIm. Who
83842
Telephone 8881481
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or would not comply with the recommendations; that it has been the
policy of the City of Meridian to require compliances with ACRD
recommendations as a condition of annexation and development.
16. That the City Engineer, Gary Smith, made comment in writir
that City ordinances required the applicant to connect to water and
sewer and pay the prescribed connection fees; that he also commented
that the applicant did not submit a site plan as part of his
conditional use application whicb showed the building location,
parking and loading areas, traffic access and circulation, open
spaces, landscaping, refuse and service areas, utilities, signs
and yards; the Engineer also commented that the off-street parking
ordinances would have to be compiled with.
17. That in the prior annexation and zoning proceedings and
to some extent in these proceedings, objections to the use of the
property as an`automotive repair shop were voiced; that in the
prior proceedings a petition sig ed by several people living in the
area in question was submitted which petition objected to the
building and operating of an automobile repair shop; that another
petition was submitted the signrs of which stated that if the
application was granted it shou d be only granted conditioned upon
the following:
a, Six (6) foot screening fence be installed around
the property;
b. Automobile parts shouldnot be stored outside;
c. No wrecked cars should be within 150 feet of the
front property line;
AMBROSE.
FIIZGERALD
d
i CROOKSTON
.
Attomeys end
Counselors
P.O. Boz 427
PAGE 5
MerldIm. Who
83842
Telephone 8881481
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Regular business hours should be maintained;
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AMBROSE.
FITZGERALD
& CROOKSTON
Attomeys and
Counselors
P.O. Box 427
Meridian, Idaho
BW2
Telephone 888.4481
e. All repair work to be
e within the shop;
f. Regular inspection of the premises;
g. Enforcement of the above conditions;,
-that many of the signers consenting to conditional use permit as an
automobile repair shop conditioned their consents on the basis that
ated above; that one individual
the applicant meet the condition st
who testified, Robert 14itrch, requested that the screening fence
should be required to be in plac prior to granting the premit, if
granted.
testified during the prior hearin
18. That Becci Carmack, who
before the Commission testified that the applicant in the past
conducted business at all hours, parked unsightly vehicles on the
premises for years at a time, operated his business such that a
great amount of noise was created and at late night and early
morning hours, used offensive 1 nguage, and testified the applicant'
business was and would be incompatible with the neighborhood, has ni
submitted a letter indicating
based on the approximate same
her husband would consent to
repair shop.
19. That in the prior
of the Meridian School Distric
at if the application was granted
nditions listed above that she and
use of the property as an automobi
ceedings August Hein Superintendent
submitted a letter indicating that
lot had an opportunity to take action
alt�►ough the School Board had
on the matter, he was recommending to the School Board that they
deny the application; that his reasons -or recommending deniel were
1. That the business operated there Ila& a junk -yard appearance an
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FITZGERALD
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Attomeys and
Counselors
P.O. Box 427
Meridian, Idaho
BW2
Telephone 888.4481
e. All repair work to be
e within the shop;
f. Regular inspection of the premises;
g. Enforcement of the above conditions;,
-that many of the signers consenting to conditional use permit as an
automobile repair shop conditioned their consents on the basis that
ated above; that one individual
the applicant meet the condition st
who testified, Robert 14itrch, requested that the screening fence
should be required to be in plac prior to granting the premit, if
granted.
testified during the prior hearin
18. That Becci Carmack, who
before the Commission testified that the applicant in the past
conducted business at all hours, parked unsightly vehicles on the
premises for years at a time, operated his business such that a
great amount of noise was created and at late night and early
morning hours, used offensive 1 nguage, and testified the applicant'
business was and would be incompatible with the neighborhood, has ni
submitted a letter indicating
based on the approximate same
her husband would consent to
repair shop.
19. That in the prior
of the Meridian School Distric
at if the application was granted
nditions listed above that she and
use of the property as an automobi
ceedings August Hein Superintendent
submitted a letter indicating that
lot had an opportunity to take action
alt�►ough the School Board had
on the matter, he was recommending to the School Board that they
deny the application; that his reasons -or recommending deniel were
1. That the business operated there Ila& a junk -yard appearance an
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the business was not compatible with the residential area that exist
there; 2. That the High School las designed to be compatible with
the residences; and 3. Tnat 1Ne5 rte"` --
for residential use; that the applicant has now obtained the consent
idenc d by the consent document signed
of the School District as ev
by Chuck Liche, Clerk of the School District Board of Trustees.
20. That the Nampa and Meridian Irrigation District previousl
objection
so long as the lateral ditch crossing
voiced no the
property on the south edge wasprotected.
istr ct Health Department previously
21. That the Central D
indicated it could approve the a
and sewer were required.
CON
lication so long as central water)
SIONS
1. That all the procedural requirements of the Local Planning
A t and of the Ordinances of the City of Meridian -have been met
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including the mailing of notice to o-.-mers of property within 300
feet of the external boundaries of the applicant's property and
having obtained the consent of 5% of the owners of property within
300 feet of the external boundaries of the applicant's property.
2. That the City has authrity to annex land pursuant to
d that exercise of the City's annexation authorit
50-222, Idaho Co e,
is a Legislative function.
3. That the City of Mieric
uses pursuant to 67-6512, Idahc
the Revised and Compiled Ordin.
4. That the Planning and
PAGE 7
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ian has authority to grant condition
Code, and, pursuant to 11-2-418 of
inces of the City of Meridian, Idaho.
Zoning Commission has judged the
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ian has authority to grant condition
Code, and, pursuant to 11-2-418 of
inces of the City of Meridian, Idaho.
Zoning Commission has judged the
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FITZGERALD
ILCROOKSTON
Atlomeys and
Counselors
P.O. Boa 427
Meridien, Ideho
03842
Telephone 8884"1
10. That without a variance request this Commission would have)
to deny Applicant's requested conditional use permit; however, base
on the assumption a variance could be and would be granted by the
Council, the Commission shall proceed to consider the merits of the
conditional use application.
11. The Commission concludes that the Applicant has met the
procedural and notice requirements for.the issuance of a conditional
use permit.
12. That the adjacent property owners have valid concerns over)
the use of the property for an automotive repair business; that the
vast majority, however, have consented that the conditional use
permit be granted if the permit is conditional on the requirements
referred to in paragraph 16 of the Findings and that the screening
fence referred to be in place prior to issuance of the permit and
the conduct of business.
13. That the City of Meridian has authority to place condition
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;
14. 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, and assuming all the conditions above would be
met by the Applicant, the Planning and Zoning Commission specificall
PAGE 9
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FITZGERALD
ILCROOKSTON
Atlomeys and
Counselors
P.O. Boa 427
Meridien, Ideho
03842
Telephone 8884"1
10. That without a variance request this Commission would have)
to deny Applicant's requested conditional use permit; however, base
on the assumption a variance could be and would be granted by the
Council, the Commission shall proceed to consider the merits of the
conditional use application.
11. The Commission concludes that the Applicant has met the
procedural and notice requirements for.the issuance of a conditional
use permit.
12. That the adjacent property owners have valid concerns over)
the use of the property for an automotive repair business; that the
vast majority, however, have consented that the conditional use
permit be granted if the permit is conditional on the requirements
referred to in paragraph 16 of the Findings and that the screening
fence referred to be in place prior to issuance of the permit and
the conduct of business.
13. That the City of Meridian has authority to place condition
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;
14. 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, and assuming all the conditions above would be
met by the Applicant, the Planning and Zoning Commission specificall
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AMBROSE,
FITZGERALD
& CROOKSTON
concludes as follows:
a. The use; in fact, constitutes a conditional use and
a conditional use permit is required by ordinance.
b. The use will be harmonious thehanZoningnOrdinancecwi hta
the comprehensive Plan an
variance.
c. The use will be designed, constructed, operated, and
maintained to be harmonious in appearance with the in-
tended character of the general vicinity such being des-
ignated for residential use.
d. That the use will not be hazardous or disturbing to
existing or future neighboring uses.
e. The property should be connected to sewer and watered
lines and those services should be able to be p
rovid
adequately.
f. The use will not create cxcessive facilitiesdand servicesla Gents
at public cost for publi
will not be detrimental to the economic welfare of the
community.
g. ll -not involve uses, activities, processes,
t and conditions property tion
materials, equipmen
or thehat
The use vi
will be detrimental to any person, pro P Y
general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors.
h. The applicant shall be required
to designed ase parking
ar ingrfor the
property which shall be s arkin on surrounding
interference with traffic and parking
public streets and meet the off street parking
requirements.
result in the
i. The development an
uses dama elofnatnatural or scenic
destruction, loss g
feature of major importance.
15. That the recommendations and requirements submitted by t1
Ada County Highway District are felt to be onnerous and the
Applicant shall not be required to comply with them and they shall
not be required;
hall be required to pay appropriate
16. That the Applicant s
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AMBROSE,
FITZGERALD
& CROOKSTON
concludes as follows:
a. The use; in fact, constitutes a conditional use and
a conditional use permit is required by ordinance.
b. The use will be harmonious thehanZoningnOrdinancecwi hta
the comprehensive Plan an
variance.
c. The use will be designed, constructed, operated, and
maintained to be harmonious in appearance with the in-
tended character of the general vicinity such being des-
ignated for residential use.
d. That the use will not be hazardous or disturbing to
existing or future neighboring uses.
e. The property should be connected to sewer and watered
lines and those services should be able to be p
rovid
adequately.
f. The use will not create cxcessive facilitiesdand servicesla Gents
at public cost for publi
will not be detrimental to the economic welfare of the
community.
g. ll -not involve uses, activities, processes,
t and conditions property tion
materials, equipmen
or thehat
The use vi
will be detrimental to any person, pro P Y
general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors.
h. The applicant shall be required
to designed ase parking
ar ingrfor the
property which shall be s arkin on surrounding
interference with traffic and parking
public streets and meet the off street parking
requirements.
result in the
i. The development an
uses dama elofnatnatural or scenic
destruction, loss g
feature of major importance.
15. That the recommendations and requirements submitted by t1
Ada County Highway District are felt to be onnerous and the
Applicant shall not be required to comply with them and they shall
not be required;
hall be required to pay appropriate
16. That the Applicant s
I
AMBROSE,
FITZOERALO
d CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
43842
Telephone 8884481
rates for sewer, water, and trash and shall be required to pay for
any
and all connection fees for water and sewer necessitated by his
recommendations by the City Engineer
uses; additionally the other
shall be required;
17. That the permit once granted shall be personal to the
A licants and shall not be transferrable to other individuals or
PP
property.
18.
That the City has authority to restrict the time limit of
a conditional use; that this conditional use, if ultimatley granted
shall be reviewed annually and the Applicant
by the City Council
shall be required to make an annual report to the City and mail
copies thereof to the property owners within 300 feet; that, if the
City determines the Applicant is not meeting the conditions contain C
basis for terminating the Applicant's
herein, then such shall be a
to terminating the Applicant's Conditio
Conditional Use; that prior a:
Use Permit, the Applicant shall be afforded a hearing and notice of
the hearing which notice shall set forth the reasons for proposing
to terminate his conditional use permit.
INGG OF FACT IL4D CONCLUSIONS
APPROVAL OF FIND
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
ROLL CALL Voted
Commissioner Cole Voted
Commissioner Shearer Voted
Commissioner 76hnson Voted
Commissioner Alidjani Voted
------------
Commissioner Morrow Voted
Chairman Spencer (Tie Breaker)
PAGE 11
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rates for sewer, water, and trash and shall be required to pay for
any
and all connection fees for water and sewer necessitated by his
recommendations by the City Engineer
uses; additionally the other
shall be required;
17. That the permit once granted shall be personal to the
A licants and shall not be transferrable to other individuals or
PP
property.
18.
That the City has authority to restrict the time limit of
a conditional use; that this conditional use, if ultimatley granted
shall be reviewed annually and the Applicant
by the City Council
shall be required to make an annual report to the City and mail
copies thereof to the property owners within 300 feet; that, if the
City determines the Applicant is not meeting the conditions contain C
basis for terminating the Applicant's
herein, then such shall be a
to terminating the Applicant's Conditio
Conditional Use; that prior a:
Use Permit, the Applicant shall be afforded a hearing and notice of
the hearing which notice shall set forth the reasons for proposing
to terminate his conditional use permit.
INGG OF FACT IL4D CONCLUSIONS
APPROVAL OF FIND
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
ROLL CALL Voted
Commissioner Cole Voted
Commissioner Shearer Voted
Commissioner 76hnson Voted
Commissioner Alidjani Voted
------------
Commissioner Morrow Voted
Chairman Spencer (Tie Breaker)
PAGE 11
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AMBROSE,
FITZGERALD
BCROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, W"
83842
Telephone BBS 4401
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends
to the City Council that this annexation and zoning request be
granted and that the Applicant's request for a conditional use
be considered after due consideration by the Council of Applicants-'-
request
pplicants'request for variance. The Commission makes no recommendation on
the variance but if such is granted the Commission recommends
approval of the Conditional Use Permit, however, conditional as
above stated in these Findings of Fact and Conclusions..
MOTION:
APPROVED
PAGE 12
DISAPPROVED
ITEM:
1.
12.
A G E N D A
MERIDIAN PLANNING & ZONING
March 11, 1985
Minutes of Previous Meeting Held February 11, 1985:
Findings of Fact and Conclusions on Compthe sive)lan Amendment
Request by Claremont Development. (APPROVED)
Public Hearing:
Annexation & Zoning Request w/ Conditional Use
Permit by Leroy Fenstermaker: (ATTORNEY TO PREPARE FINDINGS OF FACT
,
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MERIDIAN PLANNING & ZONING
MARCH 11, 1985
Regular Meeting of the Meridian Planning and Zoning Commission called to
order by Chairman Bob Spencer at 7:30 p.m.
Members Present: Walt Morrow, Jim Johnson, Jim Shearer, Tom Cole:
Members Absent: Moe Alidjani
Others Present: Le Roy deHowermaker, Alan Wayne Crookstone,RondalLowemack, Dave
Lloyd Carmack, Bob Mitich, y
The Motion was made by Morrow and seconded by Cole to approve the minutes
of the previous meeting held February 11, 1985 as written.
Motion Carried: All Yea:
Item #1: Findings of Fact and Conclusions on Claremont Development
application to amend the Comprehensive Plan.
Chairman Spencer, are there any comments or questions of the Commission?
There were none:
The Motion was made by Morrow and seconded by Johnson that the Meridian
Planning and Zoning Commission hereby adopts and approves the Findings
of Fact and Conclusions as prepared by the City Attorney.
Morrow, Yea: Alidjani, Absent: Johnson, Yea: Shearer, Yea:
Motion Carried:
Cole, Yea:
The Motion was made by Morrow and seconded by Johnson that the Meridian
Planning and Zoning Commission hereby decides that the application of
Claremont Development Company merits further study and should continue
to be processed.
Motion Carried: All Yea:
Item #2: Public Hearing: Annexation & Zoning Request w/Conditional Use
Permit by LeRoy Fenstermaker.
Chairman Spencer, this Public Hearing will be conducted under the provis-
ion of Ordinance #446.
Chairman Spencer opened the meeting for Public Hearing:
Mr Fenstermaker and Attorney Alan Lance were present to represent this
Request.
Attorney Crookston, Mr. Fenstermaker and Mr. Lance, do you swear the
ut to give is the whole truth and nothing but the
testimony you are abo
truth?
Mr. Fenstermaker, I do. Mr. Lance', I do.
P & Z MEETING
MARCH 11, 1985-
' PAGE # 2
Mr. Fenstermaker, I am requesting that my property located at 1665 West Pine
ditional use Pei
o
be annexed and zoned with a conroertyrforeoperaelevention yearsf
a automobile repair shop. I have owned this p P
and operated a repair business at this
location.
c S you
know
buitthe
building
t
used_for repair shop burned and being ractorto make it legal
building for me did not obtain the necessary permits
Ada County will not issue a building permit for replacement.
I am willing to hookup to the City SeeorCby waterrasslwrecently ater it install -
be rather expensive for me to hook up to
I realize the sewer charges
ed a water to air heat system in my ev be
are based on water usage but beliethathwascestimatedsfor athe •water ualong
be willing to pay even the amount
with the sewer. I plan on using this property for approximately nine
years for this use at which time I would be able to retire.
mit
Mr. Lance, Mr. Fenstermaker understand that a ould beCsubjectnto annual al Use rreview
uld
not be for a period of nine years but wets the
to insure that they were compling with whatever chooseetonimpose.pinnn-
ing & Zoning Commission or the City Council may
regards to the signatures that are reg300efeetfor
allConditional
beenUse
notified
signatures of property owners within
have been obtained with the exception appf theroval Mr.QFenstermakeruinlaut as_request.
They have not submitted their pp
Many of the other property owners have requested restrictionstinthelCity 7h,=
fter
Commission has before thsomem.l roblemtwithand athis usevislinna R-4 Zone to meet
Attorney there might be P be
the requirement of the Ordinahasnces
received acopy Ofwthe dACHDrequesting recommend -
a Variance. Mr. Fenstermaker has
ations.
750 of signatures required for approval?
Morrow, you have the
al however as I indicated some of these
Lance, we have the 75% approv
have qualifications. we
six
Fenstermaker.; the six foot fence, yes wilouIr regular t up ehours f astrequest-
regular working hours, yes we will p _
ed.
Morrow, let me ask you this, do you intend to honor the regular working
hours?
Fenstermaker, yes, the best I can.
d you had the water to air pump and did not wish to
Morrow, you stateou are aware the sewer is monitored by -water
hook on to City Water, y
useage? -
y I stated that we would pay for the amount
Fenstermaker, Yes, that is wh-
of water they stipulated we would use
you could hook up to City water at minimual expense
Morrow, it seems to me y line and capping of the loop -
by simply connecting to the cold water sT1 he expense should not be that
ed system for a water to air heat pump-
great.
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P,& Z MEETING
March 11, 1985
PAGE # 3
Fenstermaker, it might not but the line is under
heinsconcrete which
we had to dig up when the line from the pump was
uld
have to dig this
again
tthehookup
floorsoincity
houseWater.
are concretelines are
all under the concrete even
There was more discussion on the water hookup.
Johnson, on this 75%, there are 15 properties which are individually
owned, take approval of twelve, I cannot find twelve names in here.
Lance, 15 is inclusive of Fenstermakers.
Johnson, then this would be 750 of 14 or 10.5 is this correct?
It was decided there were enough signatures.
Johnson, other comment I had was comment made by Gene Ross and Bob Giesler
approval as per requirement aper neighbt are ors, this is very vague state-
ment, are we talking ab se
e of the neighbors who are going to testify, this
Spencer, we have som
might shed some light on the requirements.
Johnson, one other thing Gary Smith's comments, item #3,.site drawings
need to be submitted, this is the first time I have seen it -brought out
specifically. Are we going to ask for this or what? Assume he took this
out of a requirement.
Spencer, it -is up to the Commission.
Johnson, the pool filled in, first time seen that come up, what is the
pool?
Fenstermaker, we have an artisan w r ll, and the about 1800water coming"from the well
square feet--whichis
runs into this pond, this pond cove
wasted ground. We decided to fill the pond in and use it to park the
cars as they would be behind the six foot fence for screening.
Johnson, where would the water go if you filled in the pond?
Fenstermaker, there is a drain, that runs into a regular field drain.
Cole, I have a question if anyone can answer, if the money is put in
the Ada County Trust Fund ttlnhaindthereafor Westright
Pinethat
and onlythere
besused
certain amount of money se g
for West Pine?
No one could answer this question for sure.
Morrow, I want to get back to the water, see if it can be resolved
does a single supply line come into the house
elocatedainsthetwall?
water and then the heat pump, are these supplies
Fenstermaker, ,they are located
aer the
morefloor,
discussionoonsthe
'watergh -
the floor inside the house. Therewas
rA
P & Z MEETING
MkRCH 11, 1985
PAGE # 4
Fenstermaker, if I have to hook to City Water I will.
There were no other questions of the Commission.
Fensteakersrmverifyrthee
equst he
Lance, if this body looks favorable atng water
is perfectly willing to let t Inspectoif that would assist
hookup:-, system He is willing to let that happen
US.
Becci Carmack, 1705 West Pine, Meridian, Idaho
Attorney Crookston, Mrs. Carmackdotyouhe wswearhole tand affirm the testimony
you are about to give is the truth
Mrs. Carmack, I do. ents will
want to present
Mrs. Carmack, I think my Comm.Johnson inquired�about dearlier-i Mrs.
that letter, thats the one Mr. J their views and
Carmack presented a letter for therecordA of -these
stipulations -concerning this application
minutes.) This letter states our opinion right now. Mrs.Caisack inquire
about the stipulationstdo these happen before the permit
or is it granted on`t conditions they happen at a certain time; -counted ld
someone explain that to me?
Spencer, the Commission decide when it happens.
to about
Mrs. Carmack, in regards
lto whha eaheard ithisotheaveryfsamesanlist about
then as
els-11- rom fwhat
the fencing, business hours, storage of cars and etc. ranted dthow
was submitted prior. When the Conditional_ Use permit is g
often is that renewed, is that an annual thing?
Spencer, it -is an annual thing, but normally not reviewed unless there
are complaints. If there was a violation of the conditions put on the Co-
nditional use Permit, it could be reviewed at any time.
mack, we do appreciate the -concerns of the Commission,-want
Mrs. Caruiet year there and
say it has been such a ncare adherredbtolwescanohave a co -
we feel like if these stipulations
existence there and still enjoy that we have our rights protected an
just hope you -will keep that in mind.
Johnson, no cars parked within 125 ft. of the front property line,
what are we talking about?
Mrs. Carmack, that would be eve
n wiah150efeetk We are talking only of the ,about
home, orginally the County suggested _
the cars he-Isworkingon not his own cars. Cars that would be there
for a period of time.
The fence surrounding the property
was discussed. Mrs Carmack stated
this was to screen off the property from the traffic and other items.
P & Z MEETING
MARCH 11, 1985
PAGE # 5
Johnson, you wrote this letter two months ago, do you still feel the
same?
Mrs. Carmack, Yes.
Bob Mitich, 5090 View Drive, Meridian, Idaho
ony
Attorney Crookston, MrisMthectruthdo y�utheewholeand
truth andaffirm hnothingmbut
you are about to give
the truth?
Mr. Mitich, I do.
Mr. Mitich, my main concern is the fence, and that fence to stop traffic
from going through the back adfthe line.home Thislwouldnext to separatethiseds to
drive -
go right out to his front property what
way from mine. Mr. Mitich�o Idestill hd the avelasion on the mserviceabledrhewas
ivewayl
referring to. Each of us
would like to see this fence six foot. This would keep the traffic
from crossing over into my glace.
There were no questions of Mr. Mitich by the Commission.
Mr. David Carmack, 1705 West Pine, Meridian, Idaho
Attorney Crookston, Mr. Carmack
tdo you
th tswear
he and
taffirm the testimony
you are about to give to be the
Mr. Carmack, I do.
Mr. Carmack, I just want to say I support my wife in what she has
testified, I feel exactly the same way she does. Wants to make sure
the fence is built.
table if he meets the conditions set forth
Shearer, this would be accep
in your letter?
Carmack, Yes, I guess so, if he follow the conditions and we,are going
to be assured they will be adherred to, we will go along with it.
Morrow, Mr. Fenstermaker why has this building been under construction
since 1984?
Fenstermaker, we went to Ada County for _a building pe and they ave
us a permit for 900square feet. This is not enough space. The building
I would like to put up is 2000 square foot building.
Morrow, did you get the permit for the 900 square foot building prior
to construction or starting construction of the 2000 foot building?
Fenstermaker, no, I had the 2000 foot building started before getting
the permit for the 900 foot building. I just used the rest for a park-
ing place and barrier wall.
Morrow, were you aware you needed a building permit?
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P & Z MEETING
MARCH 11, 1985
PAGE # 5
Johnson, you wrote this letter two months ago, do you still feel the
same?
Mrs. Carmack, Yes.
Bob Mitich, 5090 View Drive, Meridian, Idaho
ony
Attorney Crookston, MrisMthectruthdo y�utheewholeand
truth andaffirm hnothingmbut
you are about to give
the truth?
Mr. Mitich, I do.
Mr. Mitich, my main concern is the fence, and that fence to stop traffic
from going through the back adfthe line.home Thislwouldnext to separatethiseds to
drive -
go right out to his front property what
way from mine. Mr. Mitich�o Idestill hd the avelasion on the mserviceabledrhewas
ivewayl
referring to. Each of us
would like to see this fence six foot. This would keep the traffic
from crossing over into my glace.
There were no questions of Mr. Mitich by the Commission.
Mr. David Carmack, 1705 West Pine, Meridian, Idaho
Attorney Crookston, Mr. Carmack
tdo you
th tswear
he and
taffirm the testimony
you are about to give to be the
Mr. Carmack, I do.
Mr. Carmack, I just want to say I support my wife in what she has
testified, I feel exactly the same way she does. Wants to make sure
the fence is built.
table if he meets the conditions set forth
Shearer, this would be accep
in your letter?
Carmack, Yes, I guess so, if he follow the conditions and we,are going
to be assured they will be adherred to, we will go along with it.
Morrow, Mr. Fenstermaker why has this building been under construction
since 1984?
Fenstermaker, we went to Ada County for _a building pe and they ave
us a permit for 900square feet. This is not enough space. The building
I would like to put up is 2000 square foot building.
Morrow, did you get the permit for the 900 square foot building prior
to construction or starting construction of the 2000 foot building?
Fenstermaker, no, I had the 2000 foot building started before getting
the permit for the 900 foot building. I just used the rest for a park-
ing place and barrier wall.
Morrow, were you aware you needed a building permit?
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P & Z MEETING
MARCH 11, 1985
PAGE # 6
Fenstermaker, I did not think I needed
a permit because the building
had already been there.be e
application is not approved, is it true you are going
Morrow, if this
to build the 900 foot building that the County has approved and the
to be a screening wall?
rest of the building you have started is going
Fenstermaker, yes, I would like very much if the permit is not granted
to be annexed to the City and allowed to put up the 2000 foot building
for a hobby shop and go some place else to make a living or retire.
Morrow, where are you conducting your business now?
Fenstermaker, renting a building from Briscoe Builders, which is to
small to even have all my equipment in.
Crookston, I did not understand what you said, if the application for
the Conditional Use Permit is not granted you still want to be annexed?
Fenstermaker, I would still like to be annexed and get the permit to
build the building that is started for a hobby shop.
Morrow, are talking about the goo foot building or the 2000 foot build-
ing?
Fenstermaker;--the-2000 foot building.
ut
Shearer, I have a questioncaI andaresidentialthe
pr pertyCeOrdimanceosays
screening between comme es of -property
there will be four foot planting screen between these types
I think we have this in our ordinance we should be enforcing it spec -
if ically in a condition like this.
Spencer, we are not giving him a special zone, this is being done by
Conditional Use Permit. The speaks to two different types of zoning-
--
Shearer, this is a commercial bdia•rchitect orand cording engineeroandashould be-
te Law it -
has to be drawn up by a license shown
adherred to and also some sitesolit an beso somebody seen beforecit isebuilta-
things are being done.. Mainly
Johnson, this. -dividing fence for the road
that Mr. Mitich is talking
about, do you have any problem
Fenstermaker-cif we put a fencedown
overFenstermaker
n t eliminate
explaboth.-drive-
ways,
ways, unless we both move everything le could not go around
the Commission how this could be fixed sopeo p
Mitich house without eliminating the driveway.
Morrow, if --there is a fence -put-down the property line, is there ad-
equate room on either lot to make those exiting driveways work?
Fenstermakert yes I guess there is sufficient room to widen both
driveways for useage.
P & Z MEETING
MARCH 11,1985
PAGE # 7
Lanceto answer your question Mr. Morrow, I think the answer is yes.
,
Cole, if everything was'approved and you went back into business, could
all repairs be done inside the shop, is there any repairs that need to
be done outside?
Fenstermaker, I would say 99% unless it was something minor and the shop
was full, thats all there would be, no major repairs would ever be done
outside the shop.
Cole, what about storage of parts, can all parts be stored inside?
Fenstermaker, inside or where they cannot be seen.
Chairman Spencer, are there any other questions by the Commission?
No response.
Mitich, I would like to make a statement regarding the fence, I would -
like one of the stipulations that the -fence be installed fir_st-.and
would like that with a licensed surveyor to locate the property line._
Mr. Mitich advised he would-be willing to split the cost of -this
survey.
Mr. Fenstermaker, I have already made arrangements to have this completed.
Chairman Spencer --closed the Public Hearing.
The Commission discussed the -stipulations that needed to be placed on
this application.--- These conditions are: solid --fencing is important,
including the -six foot chain link fence, screened up to within necessary
set back from front property line --so no variance is required, hours
be designated, separate the---resident-from -the repair with a gate with
hours posted -on gate, --water=-hookup--to Citta Water mandatory, sewer hook-
up to City mandatory, no_parts-stored-outside=and -repairs done ,inside
ed there, mainly
the shop, address the issue of cars -being storthTea -maybe
-_
quantity in the fenced arca, see copy of recorded copy of .survey., y
have a site pian showing --the location of:different items -
The motion was made by Morrow and seconded by Johnson to have the City
Attorney prepare Findings of Fact and Conclusions of Law on the request
of LeRoy Fenstermaker for Annexation and R-4 Zoning w/ a Conditional
repair shop.contingent upon .the City -Council
Use Permit for an auto
dinance to allow this useage ina R-4 _
granting a Variance to the-Or
Zone.
Motion Carried: All Yea:
The Motion was made by Morrow and -,seconded by Cole that -the Findings of -
Fact not show any recommendation.
Motion Carried- - Morrow, Yea: Johnson, Nay: Shearer, Yea Cole, Yea:
city. Clerk advised --that next meeting --to be on April 8, 1985 would
include the :Public Hearing on the two proposed Comprehensive Plan
ae a ilk e p r a t�� 3%
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P & Z MEETING
MARCH 11, 1985
PAGE # 8
Amendments, plus other items and wondered if they wanted to have sep-
arate meeting$ or combine all in one meeting.
It was the consensus of the Commission to have this as one meeting, which
would be held at the Meridian Grade School.
Being no further business to come before the Commission the Motion was
made by Cole and seconded by Johnson to adjourn at 9:00 p.m -
Motion Carried; All Yea:
(TAPE ON FILE OF THESE PROCEEDINGS)
ATTEST:
APPROVED:
BOB SPENCER, CHAIRMAN
111,1 h t > ..
Jack
emann, ity Clerk
r�
�pc; May r_& Council -
P & Z Members
Atty., JUB, Ward,
Stuart, Fire,
Police, Mitich,
Hein, Kiebert
Statesman, Valley News
'
ACHD , N IMD , ACC,
APA, CDH, ACZ
File (2)
Mail (4)
t
i.
APPROVED:
BOB SPENCER, CHAIRMAN
111,1 h t > ..
EXHIBIT "A"
January 4, 1985
To Whom It May Concern:
Our views regarding the auto repair shop at 1665 tlest Pine
are: 1) This repair shop should have been business i an industri-
al rather than a residential area. 2)
f this
property has not been kept up through the years.
However, we would like to make two observations.Firstfall,
rather than relocating in another area (industrial), construction
this shop has been underway since October of 1984. In spite of all
considerations, the fact remains that a partial structure currently
exists on this property. Since available funds have undoubtedly
been
used to commence construction, tha possibility of relocation from
Secondly,
Hr. Fenotermaker's financial point of view is questionable.
we have observed recent efforts on the part of Mr. Fenstermaker to
be more compatible with the neighborhood--i.e., ofmovalbof some
ness area,
decreased profanity and noise, general cleaning
etc. We not only appreciate these efforts, but hope they are an in-
dication of how this business would continue to be run.
In view of these observations -and -in an effort-toaco-operate, ed we
would be willing to agrs�ito the ulationseof this are adhered to:
property _
provided the following P property.
1. 6' screened fence to surround the prop
2. Regular business hours to be posted and kept.
3. No cars parked within 125' of the front property line.
4. No outside storage of auto parts.
5. Repairs done inside the shop.
We appreciate any efforts to protect our rights as residential
homeowners.
Sincerely,
David G. Carmack
Becci Carmack
EXHIBIT "A"
ADA COUNTY HIGHWAY DISTRICT
316 EAST 37TH STREET
BOISE, IDAHO 03714
Inter -Department
Correspondence
To: Ada County Highway District Commission
Date: March 7, 1985
From: Development Services
Subject: AUTOMOTIVE REPAIR 1665 W Pine - Meridian
FACTS AND FINDINGS:
1. To construct an automotive repair service on the parcel located at
1665 W Pine in Meridian.
2. West Pine has 50 -feet of right-of-way, 60 -feet is required.
3. West Pine is improved with 6-ithech rd curb roadwayand32Ufeet oftter pavement
5-foot sidewalk on the north side of
exists.
RECOMMENDATIONS:
1. Provide by dedication 30' of right-of-way from the centerline of
W Pine abutting parcel.
2. Provide curb, gutter, 5' sidewalk, and provide a 45 -foot back of curb
to back of curb roadway on W Pine abutting parcel, or make a deposit
to the Public Trust Fund for the future improvement of W Pine.
3. Driveways to be located a minimum of 5' from the property line.
4. All street construction plans shall be signed and stamped by a registered
professional engineer in accordance with Idaho Code 52-1218.
5. Relocate all obstructions outside ofthe r p sed strethe et
improvements.
Prior to relocation, obtain writtenapp
le
jurisdiction.
6. Improvements to the dedicated right-of-way to be designed and con-
structed to ACHD standards and specifications.
7. Any work within ACRO right-of-way requires a permit. For information
regarding the requirements to obtain a permit, please contact Quality
Control at 344-6111, extension 430. CU, DR or PDC file number required.
POLICY IMPLICATIONS:
1. Recommendations are made to Meridian Planning and Zoning Commission as
Condition for Compliance.
SIGNATURE OF STAFF
SUBMITTING:
t�
Allan F. Samuels, P.E.
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ADA COUNTY HIGHWAY DISTRICT
316 EAST 37TH STREET
BOISE, IDAHO 03714
Inter -Department
Correspondence
To: Ada County Highway District Commission
Date: March 7, 1985
From: Development Services
Subject: AUTOMOTIVE REPAIR 1665 W Pine - Meridian
FACTS AND FINDINGS:
1. To construct an automotive repair service on the parcel located at
1665 W Pine in Meridian.
2. West Pine has 50 -feet of right-of-way, 60 -feet is required.
3. West Pine is improved with 6-ithech rd curb roadwayand32Ufeet oftter pavement
5-foot sidewalk on the north side of
exists.
RECOMMENDATIONS:
1. Provide by dedication 30' of right-of-way from the centerline of
W Pine abutting parcel.
2. Provide curb, gutter, 5' sidewalk, and provide a 45 -foot back of curb
to back of curb roadway on W Pine abutting parcel, or make a deposit
to the Public Trust Fund for the future improvement of W Pine.
3. Driveways to be located a minimum of 5' from the property line.
4. All street construction plans shall be signed and stamped by a registered
professional engineer in accordance with Idaho Code 52-1218.
5. Relocate all obstructions outside ofthe r p sed strethe et
improvements.
Prior to relocation, obtain writtenapp
le
jurisdiction.
6. Improvements to the dedicated right-of-way to be designed and con-
structed to ACHD standards and specifications.
7. Any work within ACRO right-of-way requires a permit. For information
regarding the requirements to obtain a permit, please contact Quality
Control at 344-6111, extension 430. CU, DR or PDC file number required.
POLICY IMPLICATIONS:
1. Recommendations are made to Meridian Planning and Zoning Commission as
Condition for Compliance.
SIGNATURE OF STAFF
SUBMITTING:
t�
Allan F. Samuels, P.E.
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11. All repair work to be done within the shop.
12. Regular inspection of the premises can be made by the City.
13. Any sign promoting the business shall be unlighted and approved
by the City.
14. The pond area shall be filled in to provide the off-street
parking area.
15. The above conditions are to be enforced by the City.
The Conditional use permit shall be personal to you and shall not be
transferrable to other individuals or property. The permit shall be re-
viewed by the City annually or whenever a complaint is received, and if
it is found you are not meeting the conditions of the permitions thisp hall be
the basis for termination the permit. If you have any q
uesse
call.
pc: Mayor & Council
Al Lance
File
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sincerely,
may.
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11. All repair work to be done within the shop.
12. Regular inspection of the premises can be made by the City.
13. Any sign promoting the business shall be unlighted and approved
by the City.
14. The pond area shall be filled in to provide the off-street
parking area.
15. The above conditions are to be enforced by the City.
The Conditional use permit shall be personal to you and shall not be
transferrable to other individuals or property. The permit shall be re-
viewed by the City annually or whenever a complaint is received, and if
it is found you are not meeting the conditions of the permitions thisp hall be
the basis for termination the permit. If you have any q
uesse
call.
pc: Mayor & Council
Al Lance
File
-Pµg
'
b�
sincerely,
may.
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OFFICIALS
JACK NIEMANN, City Clerk
A.M. KIEBERT, Treasurer
BRUCE D STUART, Water Works Supt.
WAYNE G. CROOKSTON, JR., Attorney
EARL WARD, Waste Water Supt.
KENNY BOWERS, Fire Chlet
® HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
728 Meridian Street
MERIDIBAN, IDAHO
Phone 888.4433
GRANT P. KINGSFORD
Mayer
June 6, 1985
Mr. Leroy Fenstermaker
1665 West Pine
Meridian, Idaho 83642
Dear Mr. Fenstermaker:
COUNCILMEN
BILL BREWER
RONALD R. TOLSMA
J. E. BERT MYERS
ROBERT GIESLER
BOB SPENCER
Chairman Zoning & Planning
Re: Conditional Use Permit
Auto Machine Shop
your application for zoning and annexation and conditional use permit
was formally approved at the regularly scheduled City Council meeting,
June 3, 1985.
Foy your records the conditions you are to comply with for the con-
ditional Use Permit to be valid are as follows:
1, Protect the lateral irrigation ditch crossing your property on
the south edge.
2. Provide off-street parking in accordance with Meridian City Or-
dinance: (a) 2 spaces for each service bay
(b) 2 spaces for residence
3. Sanitary wastes from shop and residence be piped and connected
to City sewer and hoop -up fees paid.
4. Domestic water for residence and shop be connected to City water
and hookup fees paid.
5. Dedicate road right of way on Pine for the frontage of your property
so that the Ada County Highway District has 30 feet from the
center line of Pine.
6. Construct a Six (6) foot screening fence around the property prior
to issuance of the conditional use permit.
7. A building permit be obtained from the City
8. Automobile parts should not be stored outside
a
10.
No wrecked cars should be within 150 feet of the front property line.
Regular business hours should be maintained. This
Thesis defined
fined ashall
8:00 A.M. to 5:00 P.M. - Monday through
be posted.
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11. All repair work to be done within the shop.
12. Regular inspection of the premises can be made by the City.
13. Any sign promoting the business shall be unlighted and approved
by the City.
14. The pond area shall be filled in to provide the off-street
parking area.
15. The above conditions are to be enforced by the City.
The Conditional use permit shall be personal to you and shall not be
transferrable to other individuals or property. The permit shall be re-
viewed by the City annually or whenever a complaint is received, and if
it is found you are not meeting the conditions of the
anypermit
tithis
onspsha l be
the basis for termination the permit. If you
call.
pc; Mayor & Council
Al Lance
File
sincerely,
6
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11. All repair work to be done within the shop.
12. Regular inspection of the premises can be made by the City.
13. Any sign promoting the business shall be unlighted and approved
by the City.
14. The pond area shall be filled in to provide the off-street
parking area.
15. The above conditions are to be enforced by the City.
The Conditional use permit shall be personal to you and shall not be
transferrable to other individuals or property. The permit shall be re-
viewed by the City annually or whenever a complaint is received, and if
it is found you are not meeting the conditions of the
anypermit
tithis
onspsha l be
the basis for termination the permit. If you
call.
pc; Mayor & Council
Al Lance
File
sincerely,
6
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MAY 20, 1985
Regular Meeting of the Meridian City Council called -to order by Mayor y
Grant Kingsford at 7:30 p. M.:
Members Present: Bill Brewer, Ron Tolsma, Bert Myers, Bob Giesler:
Others Present: Ed Romero, Pat Romero, Steve Gratton, Earl Ward, Bruce
Stuart, Al Lance, Gary Smith Doug & Cindy Nichols, Russell & Ron Hardy,
Lee Roy Nelson, Rusty Dempsey, Kenny Bowers, Roy Porter, Bob Mitich,
tte Bohna, Cecil Schweers,BobSpencer, Wayne
Harold Biscoe,
FensCrookston, Ronda Lowe,
Fenstermaker, Wye
Robert Templeton:
The Minutes of the previous Meeting held May 6, 1985 were approved with
the correction on page #3 concerning the vote on the Claremont request
that Brewer only voted once and Myers also voted in favor.
Jayor#Kingsford read a Proclamation declaring May 24, 1985 as Poppy Day
in the City of Meridian. (Proclamation on file with these minutes)
ITEM # 2'
sked
Mr. Wyeth Schweers rep resesupporthandaparticipation sinrthe1Memorialzations aDay'
for,the Mayor & Councils'support
Services to be held Monday at 11:00 A. M. at the Meridian Cemetery.
Mr. Schweers read a poem entitled A Cemetery on Memorial Day.
(Letter & Poem on file with these minutes)
ITEM # 3: Public Hearing,
Annexation & Zoning w/Variance & Conditional
Use Permit _ for _ Leroy_ Fenstermaker
Ma or Kingsford this hearing would be conducted under the provisions of
y... _� -
ordinance #446:
Mayor opened the Public Hearing:
Mr. Rusty Dempsey, Mr. Dempsey was sworn by Attorney Crookston: -
Mr. Dempsey, I have been a neighbor of Mr. Fenstermaker foOVse oralyears
and have no problems with him and urge the Council to apprequest:
Harold Briscoe, Mr. Briscoe was sworn by Attorney Crookston:
Mr. Briscoe, I have know Mr. Fenstermaker for many years and he has
always been a good neighbor to me andbI feel he has been a good
mechanic
his feel he deserves to have hs ow
Cecil Cherry, Mr. Cherry was sworn by Attorney Crookston:
Mr. Cherry spoke in favor of the City approving this request:
Leroy Fenstermaker & Attorney Lance, Mr. Fenstermaker & Mr. Lance were
sworn by Attorney Crookston:
F
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MERIDIAN CITY COUNCIL
MAY 20, 1985
PAGE # 2
Mr. Fenstermaker, I am asking for a Variance and Conditional Use Permit
to rebuild the building I lost last April a year ago in a fire. One thing
that has been stated and not put on the record is that this building that
was put up in 1972, was put up by a contractor and at the time the build-
ing was put up there was no requirement as to size or anything in Ada
County. I did not know that the building was illegal until after the
building had burnt down. I have no other recourse to go back to the
contractor as to why he did not get this certification with Ada County
because he is deceased. We have followed to the plan about putting up
the fence, we have installed the fence down the property line bewteen me
and the Carmack property, this goes 97.4 Feet between the two properties
and is a six foot cedar fence and also installed six foot cedar fence
between Mitich property and mine, I have asked him to look at this to
determine if this goes far enough, if he thinks it needs extended further
I will extend it further. Mr. Fenstermaker had a drawing of where the
fence had been installed to present to the Council. There were no questions
of the Council.
Mr. Lance, with respects to the Findins of Fact and Conclusions of Law
as issued by the Planning & Zoning Commission, Mr. Fenstermaker is in
agreement with the recommendations contai.nred in those Finding -S of Fact
and Conclusions, I believe however the question arises with respect to
the recommedation contained on page 5, which recommends that a six foot
screening fence be installed around the property, in absense of definit-
ion Mr. Fenstermaker has made the assumption that the fence would be put
around .";the property that would be utilized as a repair shop verus
the entire acre.
Myers, then what you are talking about the six foot fence would be just
around this shop area, referring to the drawing Mr. Fenstermaker had
submitted. -le -
Mr. Fenstermaker outlined on the drawing to the Council where the fence
would be.
Giesler, does this meet with neighbors approval?
Fenstermaker as far as I know.
Mayor Kingsford, Mr. Fenstermaker, do you use that pasture for livestock
now?
Fenstermaker, yes.
Mayor Kingsford, the reason I brought this up is we do not allow live-
stock in the City Limits, the Ordinances prohibit this.
Fenstermaker, if that is the way it has to be I will have to make other
arrangements.
Brewer, this may seen hard to you, but if we annex you and let you have
the ability to have cattle it would not be fair to others, if we
approve the annexation I do not know how we can get around the cattle
they would have to go.
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MERIDIAN CITY COUNCIL ® e
MAY 20, 1985
PAGE # 3.
Mr. Fenstermaker, guess I will have to make other arrangements.
Tolsma, Mr. Mitich is the fence alright with you?
Mitich, I am totally satisfied with what has been done.
Mayor Kingsford, I would like to call two things to the Councils's
attention regarding the Findings, on page 6 under 17 last line, fence
prior to permit, I think this should be the building permit and on
page 5 under d I think the regular working hours should be clarified.
I think we should designate what is reasonable working hours. This is
one of the items the residents have asked we enforce.
Fenstermaker, I guess my regular working hours would be 8:00 A.M. to
5:00 P.M. six days a week and Sundays would be for my own personal
work.
Crookston, the Findings do not address the petition for the Variance.
Mayor Kingsford, the Planning & Zoning recommended for
that
hthe
req
irements
upcil con
of ACHD not be enforced, I would like to offer up
sideration I think that the right -a -way -in order to not have aquistion-
problems in the future we should require that this recommendation be
Fenster -
enforced. This dedication should be part of the granting of MIC,�Fenster-
maker Srequest .
Mr. Fenstermaker, I have no problem with giving the right -a -way, I have
agreed on that.
There were no other comments from the public, Mayor Kingsford closed the
public hearing. Any more questions or comments from the Council?
Giesler, if a sign is put up I suggest,do to the area it is in,that it
be unlite and that there is no painting in the windows or advertising
be done or things of that sort, that any signing meets with the City
Ordinance.
The Motion was made by Brewer and seconded by Giesler that the Council
adopts and approves the Findings of Fact and Conclusions as prepared
by the City Attorney for the Planning & Zoning Commission including
the items discussed regarding the fence be completed prior to building
permit being issued, working hours 8:00 A. M. toACHD 5:00 P .M. six
Bdays a
week, dedication of the required right -a -way
requests of the neighbors.
Motion Carried: All Yea:
The Motion was made by Brewer and seconded by Tolsma to have the City
Attorney prepare Findings of Fact and Conclusions on the Variance
Request made by Mr. Fenstermaker.
Motion Carried: All Yea:
The Motion was made by Brewer and seconded by Myers to have the City
Attorney prepare the necessary Ordinance for annexation and zoning
of the '�Fenstermaker property.
�t
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a
MERIDIAN CITY COUNCIL
MAY 20,1985 O
PAGE # 4
Motion Carried: All Yea:
Mr. Fenstermaker was advised this would be on the June 3, 1985 Meeting_
Item #Public Hearing: Conditional Use Permit for Mobile Home Sales Lot
request by Rusty Martensen:
Mayor Kingsford opened the Public Hearing: There was no testimony from
the audience. Are there any questions of the Council or comments?
Mr. Ed Romero was present to represent Mr. Martensen;
Mr. Romero was sworn by Attorney Crookston:
Brewer, it was my understanding that this would be a new Mobile Home
Sales Lot, requesting possible use of one of the homes for a Sales
Office, when a couple of units were moved in,I questioned if this was
going to be a used sales lot.
Mr. Romero, what I understand he plans to sell both mew and used.
Brewer, I personally hate to see this type of business at the main
entrance to our City, I feel that there Riight be°'better location for
this type of business, I was of the opinion that this would be a new
unit sales lot.
Giesler, access off highway and out the back.
Mr.Romero, that is my understanding
Giesler, what do they do with biiYned' up or junk -units?
Mr. Romero, I am sure he would meet any recommendations that would be
necessary to keep it agreeable with the City.
There were no other questions or comments, Mayor Kingsford closed the
Public Hearing.
The Motion was made by Giesler and seconded by Myers to approve the
Findings of Fact and Conclusions as prepared for the Planning & Zoning
Commission on the request for a Conditional Use Permit by Russell
Martensen & John Dobaron for a Mobile Home Sales Lot.
Motion Carried: Brewer, Nay; Tolsma, Yea; Myers, Yea; Giesler, Yea;
The Motion was made by Giesler and seconded by Tolsma to approve the
Conditional Use Permit for Russell Martensen & John Dobaron for a
Mobile Home Sales Lot with the condition the lot be keep up and
attractive and that all old or burned out units be moved immediately
and not left to accumulate.
Motion Carried: Brewer, Nay; Tolsma, Yea; Myers, Yea; Giesler, Yea:
FOLEY a LANCE, CHARTERED
Attorneys at Law
Heritage Building, Suite 300
`
77 E. Idaho
P.O. Box 814
�.'
Meridian, Idaho 83642
(208)888-3535
Howard R. Foley
Alan G. Lance
"
[-lark S. Freeman April 18, 1985
{ =
Meridian City Hall
Attn: Jack Neeman, City Clerk
a�
Meridian, Idaho 83642
Re: Fenstermaker Variance
Dear Jack:
3,5
is confirmation of the telephone conversation
�:.
This letter a ourself.
April 10, 1985 between my secretary and y
�<
of
I understand that we now need a variance pursuant to 11 -of
419 of the Revised and Compiled Ordinances
b theoCi y Council at
Meridian. we are requesting a hearing
you will notice
the meeting of May 6, 1985•andusendsus understand
hearing copy. At that time we
for 300
this up public rt owners within
do the certified mailing to the property statutory
the 15 day
g.
will
feet of the Fenstermaker property prior to
time limit.
Encloses please find our Request for Variance Pursuant to
the City of
-2-419 of the Revised and Compiled Ordinances of
11 licant, Leroy Fenstermaker.
app
�,erisian which is executed by the
further information requested from us,
Should there be any other
do not hesitate to contact me.
please
��•
tFAt
Sincerely yours,
r.
FOLEY & LANCE, CHARTERED
a
r
a
0
REQUEST FOR VARIANCE PURSUANT TO 11-2-419 OF THE
REVISED AND COMPILED ORDINANCES OF THE
CITY OF MERIDIAN
CONIES NOW the applicants, Leroy and Ida Fenstermaker, and
pursuant to the above cited ordinances and consistent with
Findings of Fact and Conclusions of Law decision and
recommendation of the t,°.eridian Planning and Zoning Commission,
requests the approval of a variance regarding applicants'
proposed conditional use of the property, i.e. an automotive
repair shop in the R-4 residential zone as a conditional use.
The characteristics of the subject property preventing
complaince with the ordinances are as follows:
Said property formally and currently in the county is
bounded by single family residences and consists of approximately
one (1) acre. R-4 zoning is felt consistent with population
densities in adjacent neighborhoods. However, the zoning
ordinances would preclude an automotive repair shop in a R-4
residential zone but would allow said shop in higher
density areas. A higher density designation would not be
consistent with existing uses of surrounding property.
A variance from zoning ordinances under the conditional
proposed use of the property would permit the proposed use,
conditional in nature. In the event the existing ordinances were
1
•
C1
applied to subject property, they are as follows:
a. A higher residential density rating in said area which
would allow proposed conditional use and would result in high
density housing in an area primarily composed of single family
residences and would impose a hardship on residents of the
neighborhood.
b. Difficulty or hardship imposed upon applicants would be
a denial upon the proposed conditional use.
c. Unusual circumstances existing preventing strict
complaince with existing ordinance as outlined above.
Additionally however, applicants pre-existing use of the
property within the county was interrupted by fire in April of
1984 resulting in the casualty loss of certain buildings
necessary for applicants livlihood.
Additionally, subject property is in a transitional zone
between the City of Meridian and Ada County and is bounded by
mixed usages to include commercial, residential, office, etc.
Special conditions and circumstances existing peculiar to this
proposal have been addressed in preceeding paragraphs.
A literal interpretation of the ordinances would result in
the deprivation of applicants' utilization of the property at its
current highest and best use.
Special circumstances and conditions which exist which are
2
not a result of applicants' actions are addressed in the
preceeding paragraphs.
A granting of the requested variance in conjunction with the
proposed conditional use, with the consent of 75% of those
property owners owning property within 300 feet of the subject
property would not infer upon applicants in a special privilege
denied by the ordinance to other lands within the same district
given the unique circumstances existing with the proposed
conditions under which applicants would be regarded to function
and in light of the consent previously obtained.
The relationship of the proposed variance to the Meridian
Comprehensive Plan, when coupled with a conditional use, would
not be inconsistent with the Meridian Comprehensive Plan
inasmuch as said plan prescribes R-4 designation for said
property which applicant has requested pursuant to his request
for annexation and zoning. Therefore, the requested conditional
use and variance regarding the subject property, previously
described as R-4 residential, is consistent with the Meridian
Comprehensive Plan.
RESPECTIVELY submitted this 18th day of April, 1985.
Leroy Fenstermaker
Applicant
3
I
e
FOLEY & LANCE, CHARTERED
Attorneys at Law
Heritage Building, Suite 300
77 E. Idaho
P.O. Box 814
Meridian, Idaho 83642
Howard R. Foley
Alan G. Lance
mark S. Freeman April 181 1985
Meridian City Hall
Attn: Jack Neeman, City Clerk
Meridian, Idaho 83642
Re: Fenstermaker Variance
Dear Jack:
(208)888-3535
This letter is a confirmation of the telephone conversation
of April 10, 1985 between my secretary and yourself.
I understand that we now need a variance pursuant to 11-2-
419 of the Revised and Compiled Ordinances of the City of
Meridian. We are requesting a hearing before the City Council at
the meeting.of May 6, 1985. I understand that you will notice
this up for public hearing and send us a copy. At that time we
will do the certified mailing to the property owners within 300
feet of the Fenstermaker property prior to the 15 day statutory
time limit.
Enclosed please find our Request for Variance Pursuant to
11-2-419 of the Revised and Compiled Ordinances of the City of
Meridian which is executed by the applicant, Leroy Fenstermaker.
Should there be any other further information requested from use
please do not hesitate to contact me.
Sincerely yours,
FOLEY & LANCE, CHARTERED
Alan G. Lance
i
AGL : db
Enclosure
cc: Mr. and Mrs. Fenstermaker Q
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FOLEY & LANCE, CHARTERED
Attorneys at Law
Heritage Building, Suite 300
77 E. Idaho
P.O. Box 814
Meridian, Idaho 83642
Howard R. Foley
Alan G. Lance
mark S. Freeman April 181 1985
Meridian City Hall
Attn: Jack Neeman, City Clerk
Meridian, Idaho 83642
Re: Fenstermaker Variance
Dear Jack:
(208)888-3535
This letter is a confirmation of the telephone conversation
of April 10, 1985 between my secretary and yourself.
I understand that we now need a variance pursuant to 11-2-
419 of the Revised and Compiled Ordinances of the City of
Meridian. We are requesting a hearing before the City Council at
the meeting.of May 6, 1985. I understand that you will notice
this up for public hearing and send us a copy. At that time we
will do the certified mailing to the property owners within 300
feet of the Fenstermaker property prior to the 15 day statutory
time limit.
Enclosed please find our Request for Variance Pursuant to
11-2-419 of the Revised and Compiled Ordinances of the City of
Meridian which is executed by the applicant, Leroy Fenstermaker.
Should there be any other further information requested from use
please do not hesitate to contact me.
Sincerely yours,
FOLEY & LANCE, CHARTERED
Alan G. Lance
i
AGL : db
Enclosure
cc: Mr. and Mrs. Fenstermaker Q
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REQUEST FOR VARIANCE PURSUANT TO 11-2-419 OF THE
REVISED AND COMPILED ORDINANCES OF THE
CITY OF MERIDIAN
COMES NOW the applicants, Leroy and Ida Fenstermaker, and
pursuant to the above cited ordinances and consistent with
Findings of Fact and Conclusions of Law decision and
recommendation of the Meridian Planning and Zoning Commission,
requests the approval of a variance regarding applicants'
proposed conditional use of the property, i.e. an automotive
repair shop in the R-4 residential zone as a conditional use.
The characteristics of the subject property preventing
complaince with the ordinances are as follows:
Said property formally and currently in the county is
bounded by single family residences and consists of approximately
one (1) acre. R-4 zoning is felt consistent with population
densities in adjacent neighborhoods. However, the zoning
ordinances would preclude an automotive repair shop in a R-4
residential zone but would allow said shop in higher
density areas. A higher density designation would not be
consistent with existing uses of surrounding property.
A variance from zoning ordinances under the conditional
proposed use of the property would permit the proposed use,
conditional in nature. In the event the existing ordinances were
1
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not a result of applicants' actions are addressed in the
preceeding paragraphs.
A granting of the requested variance in conjunction with the
proposed conditional use, with the consent of 75% of those
property owners owning property within 300 feet of the subject
property would not infer upon applicants in a special privilege
denied by the ordinance to other lands within the same district
given the unique circumstances existing with the proposed
conditions under which applicants would be regarded to function
and in light of the consent previously obtained.
The relationship of the proposed variance to the Ner idian
Comprehensive Plan, when coupled with a conditional use, would
not be inconsistent with the Meridian Comprehensive Plan
inasmuch as said plan prescribes R-4 designation for said
property which applicant has requested pursuant to his request
for annexation and zoning. Therefore, the requested conditional
use and variance regarding the subject property, previously
described as R-4 residential, is consistent with the Meridian
Comprehensive Plan.
RESPECTIVELY submitted this 18th day of April, 1985.
e�/I -P
-ZL roy Fenstermaker
Applicant
3
�I
MERIDIAN P & Z.
APRIL 8, 1985
s
'PAGE # 6 t
Motion Carried: All Yea:
Morrow and seconded by Johnson that the Findings
M
The Motion was,made by royal to the City Council.
reflect recommendation of app
Motion Carried: All Yea:
Item #4: Public Hearing:
Request for a Conditional Use Permit by Russell
Martensen for a Mobile Home Sales Lot:
Chairman opened the Public Hearing.
Russell Martensen, 6949 trunder, Boise, Idaho:
Mr. Martensen was sworn by Chairman Spencer:
PP
Mr. Martensen, I am seeking approval for a permit to operate a Mobile
on the North portion
meriian
Home -Dealership across from thi haveabeensinedway business for five years
of the John Dobaron property.
good location located between Boise & Nampa.
and believe this is a
-Commission?
Chairman Spencer, any questions of the
you addressed the comments made by Nampa -Meridian Irrigation
Morrow, have y sneer:
and Mr. Earl Ward and the City Eng'
Mr. Martensen, I have not seen these comments, would like to look these
over and get back to you, but will comply with the regulations.
There was no other testimony, public hearing was closed by Chairman Spencer.
Morrow, this does make good sense, good location, good half -way point,
should generate some business.
and seconded by Alidjani to have the City
The Motion was made by Morrow
d Conclusion on
Attorney prepare Findings of Fact anDealership by t
Russell Martensen
Conditional Use Permit for a Mobile Home Engineer and by
with the stipulations of EarlWard, City
Irrigation.
Motion Carried: All Yea:
The Motion was made by Alidjani and seconded by Morrow that Findings
ct recommendation of approval to the City Council for the Conditional
reflect
Use Permit.
Motion Carried: All Yea:
Chairman Spencer, announced Item #6 would be brought before 'the Commission
Chas P
and Item #5 would be left to last.
Item #6: Findings of Fact and Conclusions on Annexation & Zoning with a
Conditional Use Permit for Leroy Fenstermaker.
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��iE
APRIL 8, 1985
PAGE # 7
Chairman Spencer, any
comments or questions of the Commission?
Johnson, in #18 of the conclusions it states applicant shall be
and mail copies therof
required to make annual report to the Why the extra burden on the
to the property owners within 300 f�• There was discussion on this
applicant? Why not just to the City.
item.
Johnson and seconded by Morrow to delete the
The motion was made by owners within
requirement of the mailing of copies to the property
300 feet.
Motion Carried: All Yea:
The Motion was made by Morrow and seconded by Johnson that the Meridian
Planning & zoning hereby adopts and approves the Findings of Fact and
Plan g the City Attorney
Conclusions on the Fenstermaker request as prepared by
quirement that annual report be ma
with the deletion of the reiled to
property owners within 300 feet.
Absent: Johnson, Yea: Alidjani.,
Motion Carried: Cole, Yea: Shearer, Yea:
Morrow, Yea:
Johnson and seconded by Alidjani that -the Meridian
The Motion was made by recommends to the City Council
Planning and Zoning Commission hereby request be granted and that
that the Fenstermaker annexation and zoning
the Applicant's request for a conditional ustsberequest for afvariance.
PP Applicants'
consideration by the Council of the App
The Commission makes no recommendation on the variance but if granted
the Commission recommends approval of the Conditional Use Permit, how-
ever, conditional as stated in the Findings of Fact and Conclusions.
Motion Carried. All Yea:
Zoning Request by Moe Alidjani:
Item #5: Public Hearing, Annexation &
Chairman Spencer opened the Public Hearing and advised there would be
a three
minute time limit on the speakers under the provisions of City
Ordinance #446.
the Commitestmoy to
ssion has received two items hiswtimeeri(Copylofnthis
Spencer,
be entered into the record which I will do at
testimony attached to these minutes as Exhibit B)
Mohamad Alidjani, 2023 Turnberry, Meridian, Idaho.
rn by
Chairman Spencer.
Mr. Alidjani was swo
'ani some ve next
of us have business which no one oiwithtourabusiness
Mr. Alidjani, have
door or next to their house, seoewheeiseeleventacres, it does have
I have located a piece of property, it ev can notdo anything with
basically�thatlly wasy
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some problems, ingress acern and I -am
our con -
that piece of property,
velop the property to Industrial Business Park. Of course
-trying to de -
the
name or the nature of the business might t tI wouldPbesvery glad
or some people might not like to talk about i
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MERIDIAN PLANNING & ZONING
•
MARCH 11, 1985
Regular Meeting of the Meridian Planning and Zoning Commission called to
order by Chairman Bob Spencer at 7:30 p.m.
Members Present: Walt Morrow, Jim Johnson, Jim Shearer, Tom Cole:
Members Absent: Moe Alidjani
Others Present: Le Roy Fenstermaker, Alan Lance, Becci Carmack, Dave
Carmack, Bob Mitich, Lloyd Howe, Wayne Crookston, Ronda Lowe
The Motion was made by Morrow and seconded by Cole to approve the minutes
of the previous meeting held February 11, 1985 as written.
Motion Carried: All Yea:
Item #1: Findings of Fact and Conclusions on Claremont Development
application to amend the comprehensive Plan.
Chairman Spencer, are there any comments or questions of the Commission?
There were none:
onded by Johnson that the Meridian
The Motion was made by Morrow and sec
Planning and Zoning Commission hereby adopts and approves the Findings
of Fact and Conclusions as prepared by the City Attorney.
Morrow, Yea: Alidjani, Absent: Johnson, Year Shearer, Yea:
Motion Carried:
Cole, Yea:
The Motion was made by Morrow and seconded by Johnson that the Meridian
Planning and Zoning Commission hereby decides that the application of
Claremont Development Company merits further study and should continue
to be processed.
Motion Carried: All Yea:
Item #2: Public Hearing: Annexation & Zoning Request w/Conditional Use
Permit by LeRoy Fenstermaker.
Chairman Spencer, this Public Hearing will be conducted under -the provis-
ion of Ordinance #446.
Chairman Spencer opened the meeting for Public Hearing:
Mr Fenstermaker and Attorney Alan Lance were present to represent this
Request.
Attorney Crookston, Mr. Fenstermaker and Mr. Lance, do you swear the
testimony you are about to give is the whole truth and nothing but the
truth?
Mr. Fenstermaker, I do. Mr. Lance', I do.
W,_Mt��W
P & Z MEETING ® •
March 11, 1985
PAGE # 3
Fenstermaker, it might not but the line is under heinsconcrete which
we had to dig up when the line from the pump
uld
have to dig this out again to hookup to City Water. Water lines are
all under the concrete even the
floors water in house are concrete.
There was more discussion
re
Johnson, on this 750, there are IScannotrties which find twelveanamesdiniherely
owned, take approval of twelve,
Lance, 15 is inclusive of Fenstermakers. •
Johnson, then this would be 750 of 14 or 10.5 is this correct?
It was decided there were enough signatures.
Johnson, other comment I had was comment made by Gene Ross and Bob Giesler
approval as per requirement as per neighbors, this is very -vague state-
ment, are we talking about those
that areneighbors who are going to testify, this -
Spencer, we have Some of the
might shed some light on the requirements.
Johnson, one other thing Gary Smitcomments, time
hitem
s#3,een site drawings
need to be submitted, this is thefirst
specifically. Are we going to ask for this or what? Assume he -took this
out of a requirement.
Spencer, it -is -up to the Commission.
th
Johnson, the pool filled in, first time seen that come up, what is e
"1 1.)
poo .
Fenstermaker, we have an artisan well,--and-the water coming from the well
d cover& about ---1800
-square -feett-wh-ich is
runs into this pond, this pon
o fill the pond in -and use it to park the
wasted ground. We decided t
the six foot - fence -for screening.
cars as they would be behind
Johnson, where would the water go if you filled in the pond?
F nstermaker, there is a drain, that runs into a regular field drain.
ein
Cole, I have a question if anyone can answer, if the money is put that there is s
the Ada County 'frust Fund is that designated right on a-
oney setting in there for West Pine and only be used.-
certain amount of m
for West Pine?
No one could answer this question for sure.
can be
f.
Morrow, I want to get back to tintoathehe wter�housesee1thetdownstairsswitha-
does a single supply line come
water and then the heat pump, are these supplies located .in the: wall?
Fenstermaker-, they are located under the floor, and comes -up through
the floor inside the house. There was more discussion on the -water.
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P & Z MEETING ® •
March 11, 1985
PAGE # 3
Fenstermaker, it might not but the line is under heinsconcrete which
we had to dig up when the line from the pump
uld
have to dig this out again to hookup to City Water. Water lines are
all under the concrete even the
floors water in house are concrete.
There was more discussion
re
Johnson, on this 750, there are IScannotrties which find twelveanamesdiniherely
owned, take approval of twelve,
Lance, 15 is inclusive of Fenstermakers. •
Johnson, then this would be 750 of 14 or 10.5 is this correct?
It was decided there were enough signatures.
Johnson, other comment I had was comment made by Gene Ross and Bob Giesler
approval as per requirement as per neighbors, this is very -vague state-
ment, are we talking about those
that areneighbors who are going to testify, this -
Spencer, we have Some of the
might shed some light on the requirements.
Johnson, one other thing Gary Smitcomments, time
hitem
s#3,een site drawings
need to be submitted, this is thefirst
specifically. Are we going to ask for this or what? Assume he -took this
out of a requirement.
Spencer, it -is -up to the Commission.
th
Johnson, the pool filled in, first time seen that come up, what is e
"1 1.)
poo .
Fenstermaker, we have an artisan well,--and-the water coming from the well
d cover& about ---1800
-square -feett-wh-ich is
runs into this pond, this pon
o fill the pond in -and use it to park the
wasted ground. We decided t
the six foot - fence -for screening.
cars as they would be behind
Johnson, where would the water go if you filled in the pond?
F nstermaker, there is a drain, that runs into a regular field drain.
ein
Cole, I have a question if anyone can answer, if the money is put that there is s
the Ada County 'frust Fund is that designated right on a-
oney setting in there for West Pine and only be used.-
certain amount of m
for West Pine?
No one could answer this question for sure.
can be
f.
Morrow, I want to get back to tintoathehe wter�housesee1thetdownstairsswitha-
does a single supply line come
water and then the heat pump, are these supplies located .in the: wall?
Fenstermaker-, they are located under the floor, and comes -up through
the floor inside the house. There was more discussion on the -water.
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P'& Z MEETING
MARCH 11, 1985
PAGE # 4
•
Fenstermaker, if I have to hook to City Water , I will.
There were no other questions of the Commission.
st he
Lance, if this body looks favorable dinat Mrinspectormverify akers rthe ewater
is perfectly willing to let the Building en if that would assist
hookup, system He is willing to let that happ
US.
Becci Carmack, 1705 West Pine, Meridian, Idaho
Attorney Crookston, Mrs. Carmack do you swear and affirm the testimony
ive is the truth the whole truth?
you are about to g
Mrs. Carmack, I do. resent
Mrs. Carmack, I think my comments will be brief, I did want to p
Mrs -
that letter, thats the one Mr. Johnson inquired about theiriviews and
Carmack presented a letter for the
licationecora(Lettersisgexhibit-A of these
stipulations concerning this-appright anted
minutes.) This letter states our opinion beforenthe-perm t -s gr Inquire
about the stipulations,do these happen happen at a certain time, -could
or is it granted on the conditions they
someone explain thattome?
Spencer, the Commission decide when it happens.
regards to what -Mr. Johnson was referring to about -
Mrs. Carmack, in reg -
the riea: h from; what I have heard it
etc. samelistast
the fencing, business hours, storag Use ranted how
was submitted prior. When the Conditional_thi permit is g
often is that renewed, is that an annual thing?
--but-normally not reviewed unlessthere
Spencer, it -is -an annual thing, --put on the Co -
are complai�ts::_--If there was a violation f the
coiditions
nditional Use permit, it could be want to
Mrs. Carmack, we do appreciate the -concerns of the-Commisoing�there and
say it has been such a nice quiet year with no business g
we feel like if these stipulationharWeahaveroured tr ghtso we aprotected and
existence there and still enjoy
just hope you will keep that in -mind=
Johnson,
no ---cars parked within125ft. of the front property line,
what are we talking about?
. Carmack, that would be even with the back of the FenstermDnly'about_ .-
Mrs the County suggested 150 -feet. We are talking _
home, orginally
working onhis-Ow
cars. Cars that would-=be there
the cars he is
for a period of -time.-
The fence= -surrounding the property was discussed. Mrs Carmack stated
T property from the traffic and other items.
this was to.screen off the prop Y
P & Z MEETING
MARCH 11, 1985
PAGE # 6
Fenstermaker, I did not thinkI needed a permit because the building
had already been there.be
fore Morrow, if this application is not approved, is it true you are going
to build the 900 foot building that the County has approved and the
rest of the building you have started is going to be a screening wall?
Fenstermaker, yes, I would like very much if the permit is not granted
to be annexed to the City and allowed to put up the 2000 foot building
for a hobby shop and go some place else to make a living or retire.
Morrow, where are you conducting your business now?
Fenstermaker, renting a building from Briscoe Builders, which is to
small to even have all my equipment in.
Crookston, I did not understand what you said, if the application for
the Conditional Use Permit is not granted you still want to -be annexed?
Fenstermaker, I would still like to be annexed and get the• --permit to
build the building that is started for -a hobby- _shop. -_' -- - -
Morrow, are -talking about -the 9-00 foot building -or the 2000_foot build-
ing?
Fenstermaker,-the--2000 foot building.
Shearer, I -have -a question -regarding what-the--Ordinance
about
says_
screening between commerical and residential property,
there will be four foot plantinanceweshould be
nngrenebetween these enforcing itpes pspecrty
I think we have this in our t
ifically in a condition like this. -
ng done by
Spencer, we are not giving hspeaaksptoltwoal --different types one, this is lof zoning. -
Conditional Use -Permit. -The p
te:Law it
Shearer, this is a commercial-building
architect orCengineer,andording to _,should:be
has to be drawn up by a lice -shown
adherred to -and also some�n�te�li� an besseenmbefore it isebuilt -
things are being none.- Ma y
Johnson, this -dividing fence for theroadthat Mr. Mitich is talking -
about, do you have any problem
with ve-
Fenstermaker, if we put a fencedown
overt Fenstermakerwill texplainedlto
ways, unless.we both move everything o_ -around
the Commission -how this could be -fixed so people could not g
Mitich house.without eliminating the driveway.
line, istherea - _ --
Morrow, if there is a fence put down the propertyline, i work e
equate room -on -either lot to make those exiting
Fenstermaker, yes I guess there is sufficient room to widen both
driveways for useage.
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P'& Z MEETING e
MARCH 11,1985
PAGE # 7
Lance, to answer your question Mr. Morrow, I think the answer is yes.
Cole, if everything was approved and you went back into business, could
all repairs be done inside the shop, is there any repairs that need to
be done outside?
Fenstermaker, I would say 99% unless it was something minor and the shop
was full, thats all there would be, no major repairs would ever be done
outside the shop.
Cole, what about storage of parts, can all parts be stored inside?
Fenstermaker, inside or where they cannot be seen.
Chairman Spencer, are there any other questions by the Commission?
No response.
Mitich, I would - like to make a statement regarding the fence., -1 would
like one of the stipulations -that the -fence be-. installed• fi-rst and
would like -that with a licensed surveyor to locate the property line
Mr. Mitich advised he -would be willing to split the cost of this
survey.
Mr. Fenstermaker, I have already made arrangements to have this completed.
Chairman Spencer closed the-Public-Hearing-
The
he-Public-Hearing
The Commission discussed the stipulations that needed to bL-= placed- -On- ---_-'
this application. These conditions are:.Solid fencing is'important,
including the six foot chain link fence, screened up to within necessary
set back from front property line so no variance -is required,;hours-_-
be designated, separate the resident from -the repair -with a=erate -with-
hours
ithhours posted on gate, water hookup to City -Water mandatory,-z•sewer--hook-
up to City mandatory, no parts stored outside -and repairs -done inside
the shop, address the issue of -cars being stored there,---mainl_y_--the
quantity in the fenced area, see copy ,of recorded -copy -of -survey, --maybe
have a site plan showing -the location of .different items. - -
The motion was made by -Morrow and seconded by -Johnson to have the City -
Attorney prepare Findings of Fact and Conclusions of Law on the 'request
of LeRoy Fenstermaker for Annexation and -R-4 Zoning w/ a Conditional
Use Permit for an auto repair shop contingent upon the City Council -
granting a Variance to the-or-dinance to allow -this useage in a -R-4.
Zone.
Motion Carried: All Yea:
The Motion -vas made by Morrow and--seconded-by--Cole -that the ---Findings of
Fact not show any recommendation.
Motion Carried: Morrow, Yea: Johnson, Nay: Shearer, Yea: Cole, Yea::.-
city-Clerk
ea:: -city•Clerk advised that next meeting to be held on April 8,_19=85 -would
include the Public Hearing on -the two proposed Comprehensive Plan
,
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For Value Rec�ved '
DAVID!,GORDON CARMACK and BEC I LU GARMACK, husband and wife,
GRANTORS,
do hereby convey, release, remise and forever quit unto
LEROY
S . FENSTERMAK.ER and ID MARIE F ,NSTERMAKER, husband and wife
_
whose current addre� s Is
1665 West Pine, Meridian, Id ho, 83642
the following descried premises, to -wit:
r
Part 6f the. NEk SEG, Section'
West, 'Boise Meridian, Ada Co
11, Towns,, iF 3 North, Range 1
nty, Ida aescr'bea follows:
, as
Beginning at a .point 124' So
NE S4 280' Wes t of
th of the North line of said
the NE
REAL PINT OF BEGINNING; the
orne"r' of said NEG SEG, e
ce. South 79'; thence Wes 5.5'
to a point 285.5 West of th
thenc '. North 79 ' to a point
East line of said NEG SE4;
24' South of the North_ line
said E4 SEG which is 285.5'
NE -'4 S4; thence East 5,5' al
of
West of the East line of said
ng a line is
I'SE-14
of th North line of said NE
which 124' South
to the REAL POINT OF
BEGIN14ING.
9
STATE OF IDAHO, COUNTY OF
On this v? day of 4 isp
before me, a notary pub] c in and for said Std, personally
- ---- aR eared
iu CAkMAc,,►-
known to betsoAs
me that' "
$@6id1npya* r' ' 1•
G'errim. F.x�zi8s A:
rf
n. 1
r
Ads County, k]aho, sa.
R _U"t of
rIMWE M
DATE 3
JOHN BAVIDA
_ � ;L N 1
•
EXHIBIT "A"
•
January 4, 1985
To Whom It May Concern:
Our views regarding the auto repair shop at 1665 ,lest Pine
are: 1) This repair shop should have been located in an industri-
al rather than a residential area. 2) The business area of this
property has not been kept up through the years.
However, we would like to make two observations. First of all,
rather than relocating in another area (industrial), construction on
this shop has been underway since October of 1984. In spite of all
considerations, the fact remains that a partial structure currently
exists on this property. Since available funds have undoubtedly been
used to commence construction, the possibility of relocation from
Mr. Fenpitermaker's financial point of view is questionable. Secondly,
we have observed recent efforts on the part of Mr. Fenstermaker-to
be more compatible with the neighborhood--i.e., removal of some cars, -
decreased profanity and noise, general cleaning of the business area,
etc. We not only appreciate these efforts, but hope they -are an in-
dication of how this business would continue to be run.
In view of these observations and -stn_ an_effort to co=operate, we
would be willing to agree to the use of this property as indicated
provided the following stipulations are adhered to:
1. 6' screened fence -to -surround the property.
2. Regular business hours to be posted and kept.
3. No cars parked within 125' of the front property line.
4. No outside storage of auto parts.
5. Repairs done inside the shop.
We appreciate any efforts to protect our rights as residential
homeowners.
Sincerely,
David G. Carmack
Becci Carmack
EXHIBIT "A"
AFFIDAVIT OF HAILIlIG
STATE OF IDAHO
ss
County of Ada
E
oath: Debbie Bailey, being first duly sworn, deposes ane says upon
That she mailed a true and correct copy of the Notice of
Public Hearing for the Narch ll,, 1985 meeting before the Planning
and Zoning Commission by certified mail, with return receipt
requested back to Neridian City Clerk, Jack Beeman, to all the
property owners listed on the attached document, Wailing List of
Property Owners within 300 feet of 1665 W. Pine,, I-Ieridianr Idaho,
on the 21st Qay of February, 1985, postage prepaid.
DATED this 21st day of February, 1?- 5.
Debbie Bailey
SUBSCRIBED AND SWORN to before me this 21st day
February, 19 85 .
1'4A- y Public for Xdaho
Res ding at Weridian
1
of
AMBROSE.
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 127
Meridian, Idaho
83842
Telephone 8884481
i
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Ordinances of the
City of Meridian, and the laws of the State of Idaho, that a hearing
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
Street, Meridian, Idaho at the hour of 7:30 o'clock p.m. on the 11th
day of March, 1985, for the purpose of review and consideration of
the application submitted by Leroy S. and Ida M. Fenstermaker,
Applicants, for annexation and zoning of real property generally
described as part of the NE 1/4 SE 1/4 of Section 11, T. 3N., R. lw.,
B.M., Ada County, Idaho and generally known by this address: 1665
West Pine Street, Meridian, Idaho. That a more detailed legal
description of the said real property can be seen during office hours
at the Office of the Clerk of the City of Meridian, at the above
address, and applicants propose that said real property be zoned as
follows:"R-4" Residential.
NOTICE IS HEREBY FURTHER GIVEN, that during the above Public
Hearing , and as part thereof, the Planning and Zoning Commission wil
also consider and take testimony and comment on the above named
Applicants' application for a conditional use permit to operate an
automobile repair shop at the above address on the above described
property.
Any and all interested persons will be heard at said hearing.
DATED this f� day of February, 1985.
Jack NAemann, City Clerk
MAILING LIST AND PROPERTY WITHIN 300 FEET
OF 1665 W. PINE
PARCEL
NUMBER
RECDRD:OWNER AND ADDRESS
PROPERTY ADDRESS
S 1211
417405
ROBERT, LINDA MITICH
1625 W. Pine
MERIDIAN"STORAGE
525 W. Linder
5090 View Drive
Meridian, Idaho
Meridian, Idaho
Meridian, Idaho 83642
83642
S 1211
417410
LEROY, IDA FENSTERMAKER
SAME
1630 E. Paradise
Meridian, Idaho
PETITIONER
Meridian, Idaho 83642
83642
S 1211 141837
1665 W. Pine
1900 W. Pine
(Meridian High School)
M6ridianv Idaho 83642
S 1211
417471
MR. & MRS. DAVID CARMACK
SAME
S 1211 142200
1705 W. Pine'
SAME
1160 W. Pine
Meridian, Idaho 83642
S 1211 417476
RICHARD, WANDA RICH
SAME
1725 W. Pine
Meridian, Idaho 83642
S 1211 417220
MERIDIAN"STORAGE
525 W. Linder
531 W. Linder
Meridian, Idaho
Meridian, Idaho 83642
83642
S 1211 417305
STEVEN, MARY'MICHELS
000 N. Linder
1630 E. Paradise
Meridian, Idaho
Meridian, Idaho 83642
83642
S 1211 141837
SCHOOL DISTRICT #2
1900 W. Pine
(Meridian High School)
Meridian, Idaho
911 Meridian St.
83642
Meridian, Idaho 83642
S 1211 142200
WILLIAM, JAN,IS BONNER
SAME
1160 W. Pine
Meridian, Idaho 83642
S 1211 142216 BEN, JANIS FOWLER 1725 W. Pine
406 E. Broadway Meridian, Idaho
Meridian, Idaho 83642 83642
S 1211 142399 ALFRED, SUSIE KADEL SAME
1616 W. Pine
Meridian, Idaho 83642
HAILING LIST - 1
S 1211 142297 CLYDE L•. DEMPSEY
and SUSIE A. HOLIDAY
1680 W. Pine
Aleridian, Idaho 83642
R 9322501900 HARVEY E. ANDERSON
124 Lale
Seal Beach, California
90740
SAME
LOT 6 WEST LAWN
SUBDIVISION, MERIDIAN
PARCEL ADJACENT TO
LINDER RD. LOCATED
AT THE SOUTH EAST
QUADRANT OF
INTERSECTION OF
• PINE AND LINDER
RDS., MERIDIAN
***MR. ANDERSON HAS INDICATED THAT HE SOLD THIS PROPERTY TO:
Mit. DEAN PRICE
R 5200980010 QUINAULT TRIBAL
PROPERTY LOCATED
ENTERPRISES
AT NORTH EAST
C/o Seafood Plant
QUADRANT OF
PbO. Box 217
INTERSECTION
Taholah, Washington
LINDER AND PINE,
98589
MERIDIAN, IDAHO
M1ERL D. MARTENSEN
SAME
1572 W. Idaho Court
Moridian, Idaho 83642
Mr. and Mrs. Dean Price
SAME
1775 W. Pine', St.
M�ridian, Idaho 83642
I'
MAILING LIST - 2
is
FOLEY & LANCE j, CHARTERED
Attorneys at Law
Heritage Building, Suite 300
77 E. Idaho
P.O. Boy: 814
Meridian, Idaho 83642
Howard R. Foley
Alan G. Lance
(208) 888-3535
Mark S. Freeman
February 14, 1985
Meridian City Clerk �
Meridian, Idaho 83642
He: Fenstermaker
Dear Clerk:
Enclosed you will please find an Amended Application for
Annexation Approval and Zoning on behalf of Mr. and Mrs. Leroy
Fenstermaker. Also attached to that documents are favorable
petitions from landowners within 300 feet of the property in
question which is 1665 W. Pine, Heridian, Idaho.
Also submitted is the Application for a Conditional Use
Permit with attached Exhibits A, B, and C. a Request for
Annexation, Zoning, Conditional Use Permit, Certificate of
Compliance, and Lien Statement; and a Nailing List of Property
Owners Within 300 feet of 1665 W. Pine.
Mrs. Fenstermaker is also again submitting the required
necessary application fee of $160.00. we are also requesting that
the City Council take into consideration that this fee was
submitted at an earlier date by the Fenstermakers' and hopefully
submit that this fee be either wholely or partially returned to
the Fenstermakers' by the City Council at a later date.
Should you have any questions concerning the application or
any other matter, please advise.
Sincerely yours,
FOLEY & LANCE, CHARTERED
Alan G. Lance
AGL:db
Enclosure
CITY OF MLRIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT
NAME: Leroy and Ida Fenstermaker Phone 888-2421
ADDRESS: 1655 W. Pine, Meridian, Idaho 83642
GENERAL LOCATION: near intersection Of Pine St. and Linder Rd., Meridian, Idaho
DESCRIPTION OF PROPOSED CONDITIONAL USE: Commercial for purposes Of
automotive repair, oonsistant with prior use of the property.
ZONING CLASSIFICATION: °'' R4
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,
signs and yards.
Attached, see Exhibit 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 Hall
on
at
The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by
_Leroy and Ida Fenstermaker for the property generally described
as located at 1655 W. Pine St., Meridian, Idaho 83642
SUBDIVISION n/a
TO Attached, See Exhibits B and C
BLOCK n/a LOT NUMBER n/a
1 14
m
EXHIBIT A
se �eB
JA dU
Aft
4"i
LL
a.
Z
0
z
D
•
Part of the SES of Section 11, Tmnship 3 North, Range 1 West of
the Boise Meridian, in Ada Cotmty, Idaho, more particularly described
as follows:
Commencing at a point which is 25 feet West of the NE corner of the
SES of said Section 11; thence
West, 130 feet to the.REAL POINT OF BEGINNING: thence
South, 283 feet; thence
West, 225 feet; thence
North, 80 feet; thence
East, 100 feet; thence
North, 203 feet; thence
East, 125 feet to the REAL POINT Op BEGINNING.
•
part of the NE�a sF}o, Section 11, Township 3 North, Fange 1
West, Boise Meridian, Ada County, Idaho, described as follows:
Beginninr at a point 124' South of the North line of said NF34
SF'ra 280' West of the NE corner of said NFh4 SW -4, the PFAL
POINT OF BEGINM NG; thence South 791; thence West 5.5' to a
point 285.5' West of the East line of said NA4- SE34; thence
North 79' to a point 124' South of the North line of said WE4
SEa which is 285.5' West of the East line of said NE's4 SES; thence
East 5.5' along a line which is 124' South of the North line of
said NE34 SEa to the REAL POIW OF BEGIMING.
• 0
REQUEST FOR ANNEXATION, ZONING, CONDITIONAL USE PERKIT,
CERTIFICATE OF COMPLIANCEP AND LIEN STATEMENT
COME NOW the undersigned LEROY and IDA FENSTERDIAKER, husband
and wife, and do hereby request annexation to the City of
Meridian on that parcel as described in the Application for
Annexation and f urther request a conditional use permit be
granted for commercial purposes and use.
1. The present land use is unannexed to the City of
Meridian and currently controlled by Ada County, Idaho. Primary
use of the property is that of a single-family dwelling and
previously has been used as commercial property for purposes of
automotive repair. The proposed land use is identical to former
use .
2. The characteristics of subject property which make the
zoning amendment desirable are that the property is currently
contiguous with a conditional use property to the east and
commercial use property to the south of the subject property
bordering upon residential property which is to the west and
north of the subject property. The proposed zoning amendment
would comport with Meridian comprehensive plan.
3. The undersigned owners hereby grant a lien againsL saiu
property for payment of all costs incurred by the City including
engineering, publication and attorneys fees.
REQUEST - 1
4. The property is currently within the County and zoned
R4 residential.
5. The property abutts and is adjacent to existing City
limits.
6. The property included in the annexation is within the
area of Impact of the City of Meridian and within the Urban
Service Planning area as defined in the Meridian Comprehensive
Plan.
7. The applicant requests annexation and zoning as
residential, with a Conditional Use Permit for purpose of running
a repair shop, which was its prior use until the garage was
destroyed by fire in April of 1984.
8. There are a total of fifteen (15) properties including
the subject property within three hundred feet (300') of the
subject property. Petitioners obviously consent to the
annexation. Their property located at Lot 6 West Lawn Subdivision
Meridian Parcel Number R 9322501900 reputedly was or is owned (of
record) by Mr. Harvey E. Anderson. Mr. Anderson was contacted
indicating he had sold his interest to Mr. Dean Rule who has
consented. Mr. Anderson's correspondence is included in the
allied materials. Property owners, Quinault Tribal Enterprises
have not responded to our request for consent. Consent, some
conditional fencing, etc. has been obtained from seventy five
REQUEST - 2
percent (75%) of the owners within 300 feet.
DATED this /e day of February, 1985.
LE�FEENNSTERRAKER
IDA FENSTERMAKER
STATE OF IDAHO
ss
County of Ada )
On this day of February, 1985, before me, a Notary
Public in and for said state, personally appeared Leroy and Ida
Fenstermaker, known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that
they executed the same.
Notary Public for Idaho
Residing at Meridian
REQUEST - 3
•
MAILING LIST AND PROPERTY WITHIN 300 FEET OF 1665 W. PINE
PARCEL NUMBER RECORD OWNER AND ADDRESS PROPERTY ADDRESS
S 1211 417405 /ROBERT, LINDA MITICH-�, 1625 W. Pine
5090 View Drive Meridian, Idaho
Meridian, Idaho 83642 83642
S 1211 417410 LEROY, IDA FENSTERMAKER SAME
PE^lITIONER
1665 W. Pine
Meridian, Idaho 83642
S 1211 417471 MR. & MRS. DAVID CARMACK'
SAME
1705 W. Pine
Meridian, Idaho 83642
S 1211 417476
RICHARD, WANDA RICH
SAME
'`N 1725 W. Pine
Meridian, Idaho 83642
S 1211 417220
MERIDIAN STORAGE
W. Linder
�Meridianr Idaho
531 W. Linder
Meridian, Idaho 83642
83642
S 1211 417305
STEVEN, MARY MICHELS
000 H. Linder
1630 E. Paradise
Meridian, Idaho
Meridian, Idaho 83642
83642
S 1211 141837CHOOL
DISTRICT #2
i,\�
1900Meri. Pile
(Meridian High School)
daho
911 Meridian St.
83642
Idaho 83642
ZfNe=idian,
S 1211 142200LIAM,
JANIS BONNER
SAME
0 W. Pine
,A6ridian, Idaho 83642]
I
1
S 1211 142216
BEN, JANIS FOWLER
n
W. Pine
Meridian, Idaho
406 E. Broadway�111725
,,
Meridian, Idaho 83642
)
83642
S 1211 142399ALFRED,
SU5IE KADEL
SAME
1616 W. Pine
Meridian, Idaho 83642
(MAILING LIST - 1
S 1211 142297
CLYDE L. DEMPSEY
SAME
and SUSIE A. HOLIDAY
16 80 W. Pine
Meridian, Idaho 83642
l
R 9322501900
HARVEY E. ANDERSON
LOT 6 WEST LAWN
124 Lale
SUBDIVISION, MERIDIAN
Seal Beach, California
PARCEL ADJACENT TO
90740
LINDER RD. LOCATED
AT THE SOUTH EAST
QUADRANT OF
INTERSECTION OF
PINE AND LINDER
RDS., MERIDIAN
***MR. ANDERSON HAS
INDICATED THAT HE SOLD
THIS PROPERTY TO:
MR, DEAN PRICE
R 5200980010-QUINAULT
TRIBAL
PROPERTY LOCATED
ENTERPRISES
AT NORTH EAST
C/O Seafood Plant
QUADRANT OF
P.O. Box 217
INTERSECTION
Taholah, Washington
LINDER AND PINE,
98589
MERIDIAN, IDAHO
I£RL D. MARTENSEN
SAME y
1572 W. Idaho Court
Meridian, Idaho 83642
Mr: and Mrs. Dean Price
SAME
AMEP
P
-1775 W. Pine St.
I
Meridian, Idaho 83642
MAILING LIST - 2
A G E N D A
MERIDIAN PLANNING & ZONING
March 11, 1985
ITEM:
Minutes of Previous Meeting Held February 11, 1985:
J
1. Findings of Fact and Conclusions on Compkhensive Plan Amendment
Request by Claremont Development. (APPROVED)
2. Public Hearing: Annexation & Zoning Request w/ Conditional Use
Permit by Leroy Fenstermaker: (ATTORNEY TO PREPARE FINDINGS OF FACT)
MERIDIAN PLANNING & ZONING
MARCH 11, 1985
Regular Meeting of the Meridian Planning and Zoning Commission called to
order by Chairman Bob Spencer at 7:30 p.m.
Members Present: Walt Morrow, Jim Johnson, Jim Shearer, Tom Cole:
Members Absent: Moe Alidjani
Others Present: Le Roy Fenstermaker, Alan Lance, Becci Carmack, Dave
Carmack, Bob Mitich, Lloyd Howe, Wayne Crookston, Ronda Lowe
The Motion was made by Morrow and seconded by Cole to approve the minutes
of the previous meeting held February 11, 1985 as written.
Motion Carried: All Yea:
Item #1: Findings of Fact and Conclusions on Claremont Development
application to amend the Comprehensive Plan.
Chairman Spencer, are there any comments or questions of the Commission?
There were none:
The Motion was made by Morrow and seconded by Johnson that the Meridian
Planning and Zoning Commission hereby adopts and approves the Findings
of Fact and Conclusions as prepared by the City Attorney.
Motion Carried: Morrow, Yea: Alidjani, Absent: Johnson, Yea: Shearer, Yea:
Cole, Yea:
The Motion was made by Morrow and seconded by Johnson that the Meridian
Planning and Zoning Commission hereby decides that the application of
Claremont Development Company merits further study and should continue
to be processed.
Motion Carried: All Yea:
Item #2: Public Hearing: Annexation & Zoning Request w/Conditional Use
Permit by LeRoy Fenstermaker.
Chairman Spencer, this Public Hearing will be conducted under the provis-
ion of Ordinance #446.
Chairman Spencer opened the meeting for Public Hearing:
Mr Fenstermaker and Attorney Alan Lance were present to represent this _
Request. ,a
Attorney Crookston, Mr. Fenstermaker and Mr. Lance, do you swear the
testimony you are about to give is the whole truth and nothing but the
truth?
Mr. Fenstermaker, I do. Mr. Lance', I do.
P & Z MEETING
MARCH 11, 1985
PAGE #k 2 -
Mr. Fenstermaker, I am requesting that my property located at 1665 West Pine
be annexed and zoned with a conditional use permit for the operation of
a automobile repair shop. I have owned this property for eleven years
and operated a repair business at this location. AS you know the building
used-for repair shop burned and being the contractor who built this
building for me did not obtain the necessary permits to make it legal
Ada County will not issue a building permit for replacement.
I am willing to hookup to the City Sewer but as far as water it would
be rather expensive for me to hook up to City water as I recently install-
ed a water to air heat system in my home. I realize the sewer charges
are based on water usage but believe this could be estimated. I would
be willing to pay even the amount that was estimated for the water along
with the sewer. I plan on using this property for approximately nine
years for this use at which time I would be able to retire.
Mr. Lance, Mr. Fenstermaker understand that a Conditional Use Permit would
not be for a period of nine years but would be subject to annual review
to insure that they were compling with whatever requirements the Plann-
ing & Zoning Commission or the City Council may choose to impose. In
regards to the signatures that are required for a Conditional Use Permit
signatures of property owners within 300 feet all who have been notified
have been obtained with the exception of the Quinlaut Indian Tribe.
They have not submitted their approval to Mr. Fenstermaker's request.
Many of the other property owners have requested restrictions which the
Commission has before them. I understand after visiting with the City
Attorney there might be some problem with this use in a R-4 Zone to meet
the requirement of the Ordinance, if this is so we would be requesting
a Variance. Mr. Fenstermaker has received a copy of the ACHD recommend-
ations.
Morrow, you have the 75% of signatures required for approval?
Lance, we have the 75% approval however as I indicated some of these
have qualifications.
Fenstermaker.; the six foot fence, yes we will put up the six foot fence,
regular working hours, yes we will post our regular hours as request-
ed.
Morrow, let me ask you this, do you intend to honor the regular working
hours?
Fenstermaker, yes, the best I can.
Morrow, you stated you had the water to air pump and did not wish to
hook on to City Water, you are aware the sewer is monitored by water
useage?
Fenstermaker, Yes, that is why I stated that we would pay for the amount
of water they stipulated we would use.
Morrow, it seems to me you could hook up to City water at minimual expense
by simply connecting to the cold water supply line and capping of the loop-
ed system for a water to air heat pump. The expense should not be that
great.
P & Z MEETING
March 11, lH5
PAGE # 3
Fenstermaker, it might not but the line is under the concrete which
we had to dig up when the line from the pump was installed. Would
have to dig this out again to hookup to City Water. Water lines are
all under the concrete even the floors in house are concrete.
There was more discussion on the water hookup.
Johnson, on this 75%, there are 15 properties which are individually
owned, take approval of twelve, I cannot find twelve names in here.
Lance, 15 is inclusive of Fenstermakers.
Johnson, then this would be 75% of 14 or 10.5 is this correct?
It was decided there were enough signatures.
Johnson, other comment I had was comment made by Gene Ross and Bob Giesler
approval as per requirement as per neighbors, this is very vague state-
ment, are we talking about those that are on record?
Spencer, we have some of the neighbors who are going to testify, this
might shed some light on the requirements.
Johnson, one other thing Gary Smith's comments, item #3, site drawings
need to be submitted, this is the first time I have seen it brought out
specifically. Are we going to ask for this or what? Assume he took this
out of a requirement.
Spencer, it is up to the Commission.
Johnson, the pool filled in, first time seen that come up, what is the
pool?
Fenstermaker, we have an artisan well, and the water coming from the well
runs into this pond, this pond covers about 1800 square feet which is
wasted ground. We decided to fill the pond in and use it to park the
cars as they would be behind the six foot fence for screening. -
Johnson, where would the water go if you filled in the pond?
Fenstermaker, there is a drain, that runs into a regular field drain.
Cole, I have a question if anyone can answer, if the money is put in
the Ada County Trust Fund is that designated right on that there is a
certain amount of money setting in there for West Pine and only be used
for West Pine?
No one could answer this question for sure.
Morrow, I want to get back to the water, see if it can be resolved
does a single supply line come into the house the downstairs with
water and then the heat pump, are these supplies located in the wall?
Fenstermaker, they are located under the floor, and comes up through
the floor inside the house. 'There was more discussion on the water. ,�
P & Z MEETING
MARCH 11, 1985
PAGE # 4
Fenstermaker, if I have to hook to City Water , I will.
There were no other questions of the Commission.
Lance, if this body looks favorable at Mr. Fenstermakers request he
is perfectly willing to let the Building Inspector verify the water
hookup-.. system He is willing to let that happen if that would assist
US.
Becci Carmack, 1705 West Pine, Meridian, Idaho
Attorney Crookston, Mrs. Carmack do you swear and affirm the testimony
you are about to give is the truth the whole truth?
Mrs. Carmack, I do.
Mrs. Carmack, I think my comments will be brief, I did want to present
that letter, thats the one lir. Johnson.inquired about earlier., Mrs.
Carmack presented a letter for the record expressing their views and
stipulations concerning this application.(Letter is exhibit A of these
minutes.) This letter states our opinion right now. Mrs. Carmack inquired
about the stipulations,dothese happen before the permit is granted
or is it granted on th conditions they happen at a certain time, could
someone explain that to me?
Spencer, the Commission decide when it happens.
Mrs. Carmack, in regards to what Mr. Johnson was referring to about
the ne=aLhj; �, from what I have heard it is the very same list about
the fencing, _business hours- storage of cars and etc. same list as
was submitted prior. When the Conditional_ Use permit is granted how
often is that renewed, is that an annual thing?
Spencer, it is an annual thing, -but normally not reviewed unless -there
are complaints. If there was a violation of the conditions put_on-the Co-
nditional Use Permit, it could be reviewed at -any -time.
Mrs. Carmack, we do appreciate the concerns of the Commission, want to
say it has been such a nice quiet year with no business going there and
we feel like if these stipulations are-adherred to we can have a co-,
existence there and still enjoy that we have our rights protected and
just hope you will keep that in mind.
Johnson, no cars parked within 325 ft. of the front property line,
what are we talking about?
Mrs. Carmack, that would be even with the back of the Fenstermaker's
home, orginally the -County -suggested 150 feet. We are talking -only about
the cars he ' is working on .not his own cars. Cars that would he :there
for a period of time.
The fence surrounding the property was discussed. Mrs Carmack-stated -
this was to -screen off the property from the traffic and other items.
P & Z MEETING
MARCH 11, 1985
PAGE # 5
Johnson, you wrote this letter two months ago, do you still feel the
same?
Mrs. Carmack, Yes.
Bob Mitich, 5090 View Drive, Meridian, Idaho
Attorney Crookston, Mr. Mitich do you swear and affirm the testimony
you are about to give is the truth , the whole truth and nothing but
the truth?
Mr. Mitich, I do.
Mr. Mitich, my main concern is the fence, and that fence to stop traffic
from going through the back yard of the home I own next to it needs to
go right out to his front property line. This would separate his drive-
way from mine. Mr. Mitich showed the Commission on the map what he was
referring to. Each of us would still have a serviceable driveway. I
would like to see this fence six foot. This would keep the traffic
from crossing over into my place.
There were no questions of Mr. Mitich by the Commission.
Mr. David Carmack, 1705 West Pine, Meridian, Idaho
Attorney Crookston, Mr. Carmack do you swear and affirm the testimony
you are about to give to be the truth the whole truth.
Mr. Carmack, I do.
Mr. Carmack, I just want to say I support my wife in what she has
testified, I feel exactly the same way she does. Wants to make sure
the fence is built.
Shearer, this would be acceptable if he meets the conditions set forth
in your letter?
Carmack, Yes, I guess so, if he follow the conditions and we are going
to be assured they will be adherred to, we will go along with it.
Morrow, Mr. Fenstermaker why has this building been under construction
since 1984?
Fenstermaker, we went to Ada County for a building permit and they4ave
us a permit for 900square feet. This is not enough space. The building
I would like to put up is 2000 square foot building.
Morrow, did-youget the permit for the 900 square foot building prior
to construction or starting construction of the 2000 foot building?
_ I
Fenstermaker, no, I had the 2000 foot building started before getting
the permit for the 900 foot building. I just used the rest for a park-
ing place and barrier wall.
Morrow, were you aware you needed a building permit?
P & Z MEETING
MARCH 11, 1985
PAGE # 6 -
Fenstermaker, I did not think I needed a permit because the building
had already been there.before the fire.
Morrow, if this application is not approved, is it true you are going
to build the 900 foot building that the County has approved and the
rest of the building you have started is going to be a screening wall?
Fenstermaker, yes, I would like very much if the permit is not granted
to be annexed to the City and allowed to put up the 2000 foot building
for a hobby shop and go some place else to make a living or retire.
Morrow, where are you conducting your business now?
Fenstermaker, renting a building from Briscoe Builders, which is to
small to even have all my equipment in.
Crookston, I did not understand what you said, if the application for
the Conditional Use Permit is not granted you still want to be annexed?
Fenstermaker, I would still like to be annexed and get the permit to
build the building that is started for a hobby shop.
Morrow, are talking about the 900 foot building or the 2000 foot build-
ing?
Fenstermaker, the 2000 foot building.
Shearer, I have a question regarding what -the -Ordinance says about
screening between commerical -and -residential.-property, Ordinance says
there will be four foot planting screen -between these types ; of - proper-r--ty
I think we -have this in our Ordinance we should be enforcing it -spec— -
ifically in .a condition like this.
Spencer, we' are not giving him - a - special zone; -this is - being_done by
Conditional Use Permit. The -speaks to two -different types of zoning.
Shearer, this is a commercial building 'arid according to State -Law it
has to be drawn _up by a licensed -architect or engineer and should be
adherred to and also some site plan shown so somebody can see these
things are -being done. --Mainly -so -it--can be seen before it is built.
Johnson, this dividing fence for the road that Mr. Mitich is talking
about, do you have any problem with that?
Fenstermaker, if we put a fence down it,it will eliminate both drive-=-
ways, unless we both move everything over. Fenstermaker explained to
the Commission how this could -be -fixed so people could not go. -around
Mitich house.without eliminating the driveway.
Morrow, if there is a fence put down the property line, is there .ad _
equate room on either lot to make those exiting driveways work?
Fenstermaker,-yes I guess there is sufficient room to widen both
driveways for useage.
P & Z MEETING
MARCH 11,1985
PAGE # 7 -
Lance, to answer your question Mr. Morrow, I think the answer is yes.
Cole, if everything was approved and you went back into business, could
all repairs be done inside the shop, is there any repairs that need to
be done outside?
Fenstermaker, I would say 99% unless it was something minor and the shop
was full, thats all there would be, no major repairs would ever be done
outside the shop.
Cole, what about storage of parts, can all parts be stored inside?
Fenstermaker, inside or where they cannot be seen.
Chairman Spencer, are there any other questions by the Commission?
No response.
Mitich, I would like to make a statement regarding the fence, I would
like one of -the --stipulations that the fence be installed first and
would like -that with a licensed surveyor to -locate the property line.
Mr. Mitich advised he would be willing to split the cost of this
survey.
Mr. Fenstermaker, I have already made arrangements to have this completed.
Chairman Spencer closed the Public Hearing.
The Commission discussed the stipulations that needed to be placed on
this application. These conditions are: Solid fencing is important,
including the six foot chain-link fence, screened up to within necessary
set back from front property line so no variance is required, hours
be designated; -separate the resident from the repair with a --gate with
hours posted -on gate, -water ---hookup to City Water mandatory, sewer -hook-
up to City mandatory, no parts . stored outside- and -repairs- done --inside -
the shop, address the issue of cars being stored there, mainly the
quantity in the -fenced area.—see copy of recorded copy of survey, maybe
have a site showing -the location of different items.
The motion was made by -Morrow and seconded by Johnson to have the City
Attorney prepare Findings of Fact and Conclusions of Law on the -request
of LeRoy Fenstermaker for Annexation ,and__t-4 Zoning wJ a -Conditional
Use Permit -for -an auto --repair shop contingent upon the City Council
granting a Variance to the ordinance to allow this useage in a -R-4
Zone.
Motion Carried: All Yea:
The Motion vas -made- by Morrow and seconded by Cole that the - -Findings = of _
A
Fact not show any recommendation.
Motion Carried: Morrow, Yea: Johnson, Nay: Shearer, Yea: Cole, Yea:
City. Clerk advised that next meeting -to--be held on -=April --8, 1985 -would
include the Public Hearing on the two proposed Comprehensive Plan
P & Z MEETING
MARCH 11, 1985
PAGE # 8
Amendments, plus other items and wondered if they wanted to have sep-
arate meetingp or combine all in one meeting.
It was the consensus of the Commission to have this as one meeting, which
would be held at the Meridian Grade School.
Being no further business to come before the Commission the Motion was
made by Cole and seconded by Johnson to adjourn at 9:00 p.m.
Motion Carried; All Yea:
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
BOB SPENCER, CHAIRMAN
ATTEST:
Jack Pftemann, Aity Clerk
PC: Mayr & Council
P & Z Members
Atty., JUB, Ward,
Stuart, Fire,
Police, Mitich,
Hein, Kiebert
Statesman, Valley News
ACRD, NIMD, ACC,
APA, CDH, ACZ -
File (2)
Mail (4)
EXHIBIT "A"
January 4, 1985
To Whom It May Concern:
Our views regarding the auto repair shop at 1665 West Pine
are: 1) This repair shop should have been located in an industri-
al rather than a residential area. 2) The business area of this
property has not been kept up through the years.
However, we would like to make two observations. First of all,
rather than relocating in another area (industrial), construction on
this shop has been underway since October of 1984. In spite of all
considerations, the fact remains that a partial structure currently
exists on this property. Since available funds have undoubtedly been
used to commence construction, tha possibility of relocation from
Mr. Fenstermaker's financial point of view is questionable. Secondly,
we have observed recent efforts --on the part of Mr. Fenstermaker to
be more compatible with the neighborhood--i.e., removal -of some cars, -
decreased profanity and noise, general cleaning of the business area,
etc. We not only appreciate these efforts, but hope they are an in-
dication of how this business would continue to be run.
In view of these observations and in an effort to co-operate, we
would be willing to -agree to the use of this property as indicated
provided the following -stipulations are adhered to:
1. 6' screened fence to surround the property.
2. Regular business hours to be posted and kept.
3. No cars parked within 125' of the front property line.
4. No outside storage of auto parts.
5. Repairs done inside the shop.
We appreciate any efforts to protect -our rights as residential
homeowners.
Sincerely,
David G. Carmack
Becci Carmack
EXHIBIT "A"
r
MERIDIAN PLANNING AND ZONING OCTOBER 9, 1984
The regular meeting of the Meridian PLanning & Zoning was 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: Lloyd Howe, David Carmack, Becci Carmack, Leona Price,
Sara Ewing, Thelma Fothergill, Larry Grensing, Brett Stigle, Steve
Gratton, Al Lance, Keith Borup, Linda Schiller, Jeffery Schiller,
Wayne Gibbs, Wayne Crookston, Leroy Fenstermaker, Ida Fenstermaker,
Raleigh Hawe.
The motion was made by Morrow and seconded by Alidjani to approve the
minutes of the previous meeting held September 12, 1984 as written.
ITEM #1: Annexation and Zoning Request by Leroy and Ida Fenstermaker.
Mr. Alan Lance was present to represent the Fenstermaker's request.
Mr. Lance presented the City Clerk copies of the certified notice to
clarify any problems with residents within 300 feet of the property
receiving notice of this hearing. Mr. Lance advised the Commission
that Mr. Fenstermaker had aquired this property in 1971 and the build-
ing was built in 1973 and building was destroyed by fire in April of
1984. Mr. Fenstermaker has continously conducted a automobile repair
business from this location since 1973. The property directly to the
East has been annexed to the City of Meridian with the front portion
zoned Residential and the rear portion zoned Light Industrial. We
have submitted a similar request which would be basically identical
to the contigous property on the East. The property to the West is
in Ada County, property to South is zoned Light Industrial and the
property to the North is Residential.
Are there any questions of the Commission?
Alidjani; was a building permit issued in 1973 at the time of const-
ruction?
Lance; It was not, Mr. Fenstermaker obtained the services of a
professional building contractor and he did not purchase a permit.
Morrow; at that time no building permits were required in Ada County
all that was needed was Zoning Certificate. There would not be a
building permit issued.
Lance; Zoning Permit was not obtained. We have reviewed the recomm-
endations of the various departments to whom the annexation request
was sent and in regards to the City Sewer and Water, Mr. Fenstermaker
is certainly willing to comply, although the property directly to the
East which is annexed to the City is not on the City Sewer and the
water comes from Mr. Fenstermaker's well. Some questions have arose
as to the drainage into the ditch, there is an artesian well on this
property and a pond which drains into the ditch and Central Health
has inspected and found no problems.
My client has no problem with respect of ditch crossing South edge of
property which is to be protected according to Nampa Meridian Irrigation.
We think we can comply with Central District Health. With regard to
Ada County Highway District, willingly to dedicate additional right -
way necessary as requested, with.regards to the improvements recomm-
ended on the South side of Pine.StZeet,. currently there no sidewalks
in that area. We would have 125 feet of sidewalk with no sidewalks
to the East or West. We ask not to be required to put in sidewalks
nor make any substanial alterations concerning curb and gutter.
We ask the Commission to approve our request for annexation and
zoning.
Johnson; do you have any comments regarding the School Districts
letter?
Lance, we have reviewed these comments and the School property within
300 feet of Mr. Fenstermaker's property is the tennis court. The
concern over the appearance of the property, I have discussed with
my client and due to inadequate building, yes there have been some
cars parked on the front of the property. We have discussed a
privacy fence on the property.
Johnson, I recently went by and saw cars setting out by the street
for sale. Is this part of School District concern?
Mr. Fenstermaker explained most of the cars that were setting out
were there for repairs, units had blown engines, etc. and part of
the units were his and the family private cars. We do not plan on
having cars setting on property.
Johnson; do you have a Dealers License, do you sell many cars?
Fenstermaker, No to both questions.
Johnson, any problems if this request approved having cars kept on
back half of property? _
Fenstermaker, No.
Shearer; Mr. Lance have they purd this with Ada County? Why not
do this thru Ada County.
Lance, Ada County advised they thought this property belonged in the
City of Meridian. Basically the County denied and were very candid
about it that the property belonged in the City of Meridian. Property
is in transitional zone and the property to West County intend to
keep residential. County thinks property belongs in City of Meridian
that is why the request for annexation.
Morrow; Question on Ada County Highway recommendations on paving.
Cole; explained this to Mr. Morrow the amount that would be necessary
to pave.
Alidjani; Any problem with the fencing in of autos and parts out of
sight?
Lance; No problems, my client needs to keep all cars and etc. in area
that if approved would be zoned Light Industrial.
Mr. Fenstermaker, advised he was in the process of cleaning up and
everything would be out of sight and we do not plan to have any cars
except units repaired to be picked,up or units in the process of
being repaired.
Johnson; what would you estimate the maximum number of cars to be?
Mr. Fenstermaker, four would probably be the maximum at any one
time of customer cars, plus of course my own vehicles.
Johnson, is there someone from the School here, if not let me ask
this question, what do you suppose they are referring to , Mr. Lance,
when -they say the School District and the residents of this area
strongly recommend this be denied? Do you have a list of the
residents that opposed this request?
Lance, yes, Mr. & Mrs. Carmack who live directly to the West have
voiced opposition. We have fourteen interested parties in the area
including.Mr. & Mrs. Fenstermaker, we have yes end no comments,con-
sisting of nine of the fourteen and yes with conditions from three.
Conditions range from fencing to keeping vehicles away from street side
ofproperty.
Morrow; why go for zoning like this opposed to a Conditional Use
Permit?
Lance,this was considered but because it is consistent with what has
already been done, the property to the East is zoned the same as
we are requesting, however we are not opposed to the Conditional Use.
Morrow, it is my opinion if the Conditional Use Permit avenue was
used it would be easier for us to delete some of the recommendations
of the Highway District. _
Johnson, would you be able to meet the requirements for a Conditional
Use Permit in terms of signatures?
Lance, we have secured a number of them, eight and with my client
this would be nine -out of fourteen which would be close, we are
right on the line with the exception of the School District signature
on which there is some question as to the validity.
Chairman Spencer asked if there were any more questions of the Commission
at this time? Nbrie at this time.
Chairman Spencer opened the meeting for public hearing.
Mrs. Becci Carmack, 1705 West Pine.
I am here not only representing myself as being opposed, but have
petitions representing the neighbor committee. Mrs. Carmack presented
the petitions forthe record.There was one petition opposed to the
request containing eight signatures and a petition containing two
signatures with stipulations. (Petitions on file with these minutes)
Also Mrs Carmack presented one letter with stipulations and the letter
from the School District which had already been received.(Letters on
file with theses minutes). In talking to the residents of the neighbor-
hood only one person felt things were fine as they were, everyone else
wanted change of some kind from mayor to minor. We feel it has been
kept more as a junk yard approach rather than appearance as a
professional business, junk cars, parts, etc. The property was this
way before the fire, the junk cars border over one hundred feet of
our common property. There are less now than has been in the past but
in visiting with residents some have been there as long as seven years.
Neighbors feel this is not a rotating thing but permanent, not just
units being repaired, they have even expanded to the front of the
property. Another thing the neighborhood is concerned about is no
regular business hours are kept. At Ada County hearing Mr. Fenstermaker
testified he was open twenty four hours a day, seven days a week. We
in the neighborhood would like to enjoy our homes and yards in the
evening and on weekends without the constant goings-on of a business.
There is quite a lot of noise associated with a repair shop, engines
being revved up, units being started, etc. Mr. Fenstermaker also has
a problem with temper and foul language, which is his personal right
but this does not belong in a neighborhood with small children. We
are also concerned with the overall appearance as this road leads to
the High School where many events are held and this exposes a lot
of people to this not only from this area but other areas of the State.
I have been asked by other neighbors to mention that this has been
a worsening condition, started out with one building, then two, one
car and then more. overall we feel it is incompatible with the neigh-
borhood, and Fenstermaker's have made no effort to make it compatible
with the neighborhood. Mrs. Carmack presented a list of recommendations
that the neighborhood had visited about. Recommendation #1, the first
and forsmost action recommended is that the building and operating
of an auto repair shop in the neighborhood not be allowed. The appear-
ance of such a shop is not only offensive but incongruous with the rest
of the neighborhood. The shop has operated in the past without regards
for the legal zoning laws and without regard for the concerns and
rights of surrounding neighbors. Recommendation #2, if recommendation
#1 can not be taken, the following action is recommended in order to
protect the rights of the neighborhood and community and to allow a
satisfactory co -existence of all parties. 1) Six foot screened fence
to surround the property, 2) No outside storage of auto parts, 3) No
wrecked or junk cars or trucks within 150 feet of the front property
line, 4)Regular business hours be kept, request five days a week,
eight hours per day, no Sundays, 5) No outdoor repair of autos, all
repair work to be done inside the shop, 6) Regular inspection of the
premises to be done to insure compliance with these and other busin-
ess regulations, 7) Revocation of license or enforcement by law if
stipulations are violated. We are not in favor of this request. I
have also been asked to mention that Mrs. Leona Price of 1775 West
Pine is here, who does live within three hundred feet of the property
and she has not been notified, their name does not appear on the
list of residents within three hundred feet and did not receive a
certified mailing.
Johnson, would you notate on these petitions who is a tenant and
who is owner?
Mrs. Carmack made the notations on the petitions, there were nine
property owners and two tenants.
Alidjani, questioned the residents on NW 15th who signed.
Mrs. Carmack, explained this was the address for the Westlawn Mobile
Home Subdivision where the residents owned their lots.
Johnson, what have you or any of the residents in the area done prior.
to the fire to correct the unsightly situation?
Mrs. Carmack, we spoke last summer with Mr. Fenstermaker and wanted
to discuss it further but got the feeling from him being he was there
first and that we had just moved there and knowing what was there, if
we did not like it that was unfortunate. other neighbors have also
discussed this problem with Mr. Fenstermaker.
Morrow, what has the response been?
Mrs. Carmack, we have not seen any change.
Mrs. Leona Price, 1775 West Pine. I think Mrs.Carmack has expressed
my feelings, this has been going on for a long time and we did not
talk to them about this as we did not feel we had the right. We do not
object to the business, but we do think these things need to be done.
We do not totally object to this but he got this under false pretense
in the first place I feel.
Morrow, could expand on that for me?
Mrs. Price, he never asked anybody, he just built the business and
we have been there for nineteen years, just expanded the building and
cars have been there for years. We have never approached Mr. Fenster-
maker about his operation.
Chairman Spencer, is ther anyone else from the public who wishes to
testify? There was no response.
Chairman Spencer, at this time we will give Mr. Lance, Fenstermakers
representive a chance to speak to the testimony given.
Mr. Lance, we would question Mr. Patterson's signature as to the validity
of him being able to sign for the Quinault Indian Tribe. As for Mrs.
Price whether she is within three hundred feet, my client has meas-
ured and she is not. Mr. Lance went thru the rest of the residents
who had signed Mrs. Carmack petitions. Mr. Lance presented letters
and petition whom did not object to Mr. Fenstermaker (on file with
these minutes). Mr. Lance pointed out that some of the residents
had signed both sides of this and we don't know what their position
is today, we would have to represent to you that they do not have
objections if there are certain controls and Mr. Fenstermaker be
made to apply with certain requirements. With regards to whether any
effort was made by the Carmack's and the Fenstermaker's to resolve
what appear to be differences, in July, 1983, the Fenstermaker's
bought a strip of land from the Carmack's, the proceeds from this
purchase were to be used to build a fence dividing the property, this
fence was never erected.
In summary the School District and the Carmack's are emphatic in their
objection but the rest of the neighborhood would not object if certain
conditions are met, therfor we ask the Commission to so act.
Morrow, I have a couple questiogs to address to Mr. Fenstermaker, it is
obvious to me some things are going to need to be resolved and you are
willingly to resolve those. I feel regular business hours is a very
valid point.
Mr. Fenstermaker, I very seldom work past 8 p.m. at night or early
in the morning, I do work on Saturdays and sometimes on Sunday. I
try very hard not to work past 8:00 p.m. at night.
Morrow, would you be willingly to establish regular hours if this was
approved and have gate that would be closed at these times?
Mr. Fenstermaker, yes, if that would be required, I have tried to do
this and would willingly post business hours and install a gate.
Johnson, did you know there were negative opinions with your operation?
Mr. Fenstermaker, did not know there was a negative opinion, one car
has been there for four years which the oldest.
Alidjani, I would to point out this property is not essentially comp-
arable to the property located to the East as the property to the East
has entrance from both Pine and Linder, while this property has entrance
only from Pine.
Shearer, does the break point between residential and ligh industrial
match up with the property to the East?
Lance, no, the 137 feet is the sight of the old shop, that is where
we came up with the measurements.
Johnson, was it determined what caused the fire?
Fenstermaker, electrical short.
Morrow, at present time I am not inclined to go along with the comb-
ination p£ light industrial and residential zoning, best way to deal
with the problems involved here for both Mr. Fenstermaker and the
neighbors is residential with Conditional Use Permit concept, with
annual renewal of the Conditional Use Permit. I would feel more at
ease under this solution.
Lance, would we be in position to proceed with this at the present
time?
Crookston, would have to submit ConditionalUse Permit Application.
Morrow, if you can arrive at agreement with neighbors and submit with
Conditional Use Permit, I would be willingly to attend special meet-
ings to obtain approval as soon as possible under the City Ordinances.
Johnson, I do not concur with Mr. Morrow's opinion, issue better
addressed by clearly defining where light industrial is going to
take place. I think this can best be done by separating the property
as proposed and taking into account all of the valid recommendations
made. The noise factor is one I had not considered and believe this
is a real problem. Regular business hours would probably solve this
to a great extent. I am not leaning to a Conditional Use Permit as
the only solution. .
Chairman Spencer closed the public hearing.
There was discussion on how soon this request could be approved if
resubmitted with a Conditional Use Permit.
Shearer, are any legal confortations with having entrance to Light
Industrial Zone thru Residential property without rightways?
Crookston, certainly, I would not imagine as long as same owner of
both parcels.
Morrow, when we act on this do we have to act on the way submitted
or change, instead of Zone to Conditional Use Permit?
Crookston, no, because the proper application was not submitted, do
not have the required 75% signatures for Conditional Use Permit.
There was more discussion between the Commission Members.
The motion was made by Johnson and seconded by Shearer to instruct
the City Attorney to prepare Finding of Fact.
Motion Failed: Morrow, Nay; Alidjani, Nay; Cole, Nay;
Johnson, Yea; Schearer, Yea;
Motion was made by Morrow to table this request.
Motion died for lack of second.
There was more discussion by the Commission on how to proceed with
this request. It was the consensus of the Commission that this
request would have to be acted upon.
The motion was made by Johnson and seconded by Shearer to instruct
the City Attorney to prepare the Finding of Fact.
Motion Carried: Morrow, Yea; Johnson, Yea; Shearer, Yea; Cole, Yea;
Alidjani, Nay;
There was discussion between the Commission Member whether to make
a motion that the Finding of Fact reflect recommendation or denial
to the City Council, it was the decision of the Commission to wait
until the Findings of Fact are prepared.
It was the consensus of the Commission to have the Findings of Fact
on the Special Meeting scheduled for October 18, 1984.
Tape on file at the City Hall in the City Clerk's Office of these
proceedings.
a LEROY ONSTERMAKER
ANNEXATION & ZONING
W/CONDITIONAL USE PERMIT
C O M M E N T S
1. Bill Brewer, Councilman: See Attached:
2. Bob Giesler: Councilman: If conditions are met that neighbors are
asking, the pool filled in and built to building and electrical codes
I think the proposal will work. Must meet ACHD conditions and hookup
to City water & sewer.
3. Nampa -Meridian Irrigation: The owner must protect the lateral ditch
crossing his property on south side of lot. Surface drainage must be
retained on site.
4. Central District Health: Can approve with central water & sewer,runoff
not to create mosquito breeding problem.
5. Earl Ward: Must hookup to City Sewer. Commercial sewer charges.
6. Gary Smith, City Engineer: See Comments Attached.
7. ACHD: See comments attaches; _
8. P & Z Hearing held March 11, 1985 Commission instructed City Attorney
to prepare Findings of Fact & Conclusions:
9. P & Z Meeting Held April 8, 1985, Commission approved the Findings
of Fact & recommended the request be granted to the City Council
10. Letter from Dave & Becci Carmack who adjoin the Fenstermaker property
on the West.
January 4, 1985
To Whom It May Concern:
Our views regarding the auto repair shop at 1665 West Pine
are: 1) This repair shop should have been located in an industri-
al rather than a residential area. 2) The business area of this
property has not been kept up through the years.
However, we would like to make two observations. First of all,
rather than relocating in another area (industrial), construction on
this shop has been underway since October of 1984. In spite of all
considerations, the fact remains that a partial structure currently
exists on this property. Since available funds have undoubtedly been
used to commence construction, th2 possibility of relocation from
Mr. Fenstermaker's financial point of view is questionable. Secondly,
we have observed recent efforts on the part of Mr. Fenstermaker to
be more compatible with the neighborhood--i.e., removal of some cars,
decreased profanity and noise, general cleaning of the business area,
etc. We not only appreciate these efforts, but hope they are an in-
dication of how this business would continue to be run.
In view of these observations and in an effort to co-operate, we
would be willing to agree to the use of this property as indicated
provided the following stipulations are adhered to:
1. 6' screened fence to surround the property.
2. Regular business hours to be posted and kept.
3. No cars parked within 125' of the front property line.
4. No outside storage of auto parts.
5. Repairs done inside the shop.
We appreciate any efforts to protect our rights as residential
homeowners.
Sincerely,
David G. Carmack
Becci Carmack
ADA COURT
Y HIGHWA#
DISTRICT
318 EAST 37TH STREET
BOISE, IDAHO 83714
Inter -Department
Correspondence
To: Ada County Highway District Commission
Date: March 7, 1985
From: Development Services
Subject: AUTOMOTIVE REPAIR 1665 W Pine - Meridian
FACTS AND FINDINGS:
1. To construct an automotive repair service on the parcel located at
1665 W Pine in Meridian.
2. West Pine has 50 -feet of right-of-way, 60 -feet is required.
3. West Pine is improved with 6 -inch standard curb and gutter with
5 -foot sidewalk on the north side of the roadway. 32 -feet of pavement
exists.
RECOMMENDATIONS:
1. Provide by dedication 30' of right-of-way from the centerline of
W Pine abutting parcel.
2. Provide curb, gutter, 5' sidewalk, and provide a 45 -foot back of curb
to back of curb roadway on W Pine abutting parcel, or make a deposit
to -the Public Trust Fund for the future improvement of W Pine.
3. Driveways to be located a minimum of 5' from the property line.
4. All street construction plans shall be signed and stamped by a registered
professional engineer in accordance with Idaho Code 52-1218.
5. Relocate all obstructions outside of the proposed street improvements.
Prior to relocation, obtain written approval from the applicable
jurisdiction.
6. Improvements to the dedicated right-of-way to be designed and con-
structed to AND standards and specifications.
7. Any work within ACHD right-of-way requires a permit. For information
regarding the requirements to obtain a permit, please contact Quality
Control at 344-6111, extension 430. CU, DR or PDC file number required.
POLICY IMPLICATIONS:
1. Recommendations are made to Meridian Planning and Zoning Commission as
Condition for Compliance.
`1l
SIGNATURE OF STAFF SUBMITTING: 431
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LEROY FENSTERMAKER
ANNEXATION & ZONING
W/CONDITIONAL USE PERMIT
C O M M E N T S
1. Bill Brewer, Councilman: See Attached:
2. Bob Giesler: Councilman: If conditions are met that neighbors are
asking, the pool filled in and built to building and electrical codes
I think the proposal will work. Must meet ACHD conditions and hookup
to City water & sewer.
3. Nampa -Meridian Irrigation: The owner must protect the lateral ditch
crossing his property on south side of lot. Surface drainage must be
retained on site.
4. Central District Health: Can approve with central water & sewer,runoff
not to create mosquito breeding problem.
5. Earl Ward: Must hookup to City Sewer. Commercial sewer charges.
6. Gary Smith, City Engineer: See Comments Attached.
7. ACHD: See comments from prior request for annexation & zoning.
8. P & Z Hearing held March 11, 1985 Commission instructed City Attorney
to prepare Findings of Fact & Conclusions:
9. P & Z Meeting Held April 8, 1985, Commission approved the Findings
of Fact & recommended the request be granted to the City Council
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y DA COU Y HIGHWA# DISTRICT
318 EAST 37TH STREET
BOISE, IDAHO 83714
Inter -Department
Correspondence
To: Ada County Highway District Commission
Date: September• 20, 1984
From: Development Services
Subject: MERIDIAN ANNEXATION - FENSTERMAKER
FACTS AND FINDINGS:
1. The 1 -acre parcel is located on the south side of Pine Avenue, 200'
west of Linder• Road.
2. Requested zoning is a combination of residential and light industrial.
3. Pine Avenue fronting the parcel has a 50' right-of-way. Pine Avenue
is a collector street requiring 60' of right-of-way.
4. Pine Avenue is fully improved on the north side and has 12' of paving
on the south side. The street is to grade.
RECOMMENDATIONS:
If the annexation is approved and a development proceeds, then the
following recommendations apply.
1. Provide by dedication 30' of right-of-way from centerline of Pine
Avenue to the parcel.
2. Provide improvements to the south half of Pine Avenue abutting to
include curb, gutter•, 5' wide sidewalk and match paving.
3. Relocate all obstructions outside of the proposed street improvements.
Prior• to relocation, obtain written approval from the applicable
jurisdication.
4. Improvements to the dedicated right-of-way to be designed and con-
structed to ACHD standards and specifications.
5. Access to parcel to be reviewed and approved by the District.
6. Submit street plans pr•epar•ed by a Registered Engineer• (Section 54,
Chapter• 12, Idaho Code) for• review and approval by Ada County Highway
District.
7. Any work within the right-of-way requires a permit.
POLICY IMPLICATIONS:
1. Recommendations are made to Meridian Planning and Zoning Commission as
Condition for• Compliance.
SIGNATURE OF STAFF SUBMITTING:
Allan F. Samuels, P.E.
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CENTRAL DISIOCT HEALTH DEPARTMENT
Review Sheet Return to:
_ Boise
Rezone # _ Eagle
Conditional use # -A&C Meridian
Preliminary/Final/Short Plat — Kuna
2 e _ ACZ
'�-c0 rl7
1.' We have no objections to this
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. 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 dis-
posal.
6. We can approve this proposal for individual sewage dis-
posal to be located (2,4) feet above high seasonal ground
water, 4 feet above solid lava layers.
7. We can approve this proposal for:
Central sewage _Interim sewage Individual sewage
and Central water Individual water Community water
we
8. Plans for X Community sewage _Sewage dry lines, and
Central water _Community water must be submitted to and
approved by the Regional Health and Welfare Environmental
Services Office.
9. 7 Street runoff is not to create a mosquito breeding problem.
10. This department would recommend deferral until high season-
al ground water can be determined it other considerations
indicate approval.
11.
R6viewed by:
e
Date21
Date
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AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan, Idaho
83842
Telephone 8884481
0
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Ordinances of the
IlCity of Meridian, and, the laws of the State of Idaho, that a hearing
ill be held before the Planning and Zoning Commission of the City
of Meridian at the City Hall in the City of :Meridian, 728 Meridian
Street, Meridian, Idaho at the hour of 7:30 '61clock p.m. on the 11th
day of March, 1985, for the purpose of review and consideration of
the application submitted by Leroy S. and Ida M. Fenstermaker,
Applicants, for annexation and zoning of real property generally
described as part of the -NE 1/4 SE 114 of Section 11, T. 3N., R. lw.,
B.M., Ada County, Idaho and generally known by this address: 1665
West Pine Street, Meridian, Idaho. That a more detailed legal
description of the said real property can be seen during office hours
at the Office of the Clerk of the City of Meridian, at the above
address, and applicants propose that said real property be zoned as
follows:"R-4" Residential.
NOTICE IS HEREBY FURTHER GIVEN, that during the above Public
Hearing , and as part thereof, the Planning and Zoning Commission wi
also consider and take testimony and comment on the above named
Applicants' application for a conditional use permit to operate an
automobile repair shop at the above address on the above described
property.
Any and all interested persons will be heard at said hearing.
DATED this /2�' 4 day of February, 1985.
Jack Niemann, City Cler