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HomeMy WebLinkAboutBowen, Larry CUPCITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT -NAME: Larr M. Bowen Phone-3&5A2.4n. = ADDRESS: 205 W. 5th Street Emmett. ID 83617 GENERAL LOCATION: 49 State East. DESCRIPTION OF PROPOSED CONDITIONAL USE: To maintAin & preserve the hi'ties of this Property as a residentQ jar0fcc51A .81 Phntn- m ctnrl; n _ ZONING CLASSIFICATION: 4- i 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. e - 'Alf, Ww 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 for the property generally described as located at SUBDIVISION_ TO BLOCK LOT NUMBER a dry d � � Y s+si. x� :x � 9 '�C s a a ' I �SUBr. 1 !i `� n n ' I �SUBr. 1 !i `� n n 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 Larry M. Bowen USING THE PROPERTY LOCATED AT 49 East'- State , MERIDIAN, FOR THE PURPOSE OF Resident and Rra:f!Ass4 0R:a3 photography Studio NAME ADDRESS { ,4x 4 4 144 119AS-rda, r- r{ �P 23 s P ,ase, h t. { F t hate' 4 t; kh � 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 Larry M. Bowen USING THE PROPERTY LOCATED AT 49 East'- State , MERIDIAN, FOR THE PURPOSE OF Resident and Rra:f!Ass4 0R:a3 photography Studio NAME ADDRESS { ,4x 4 4 144 119AS-rda, r- �P 23 s P ,ase, t. to s F t hate' 4 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 Larry M. Bowen USING THE PROPERTY LOCATED AT 49 East'- State , MERIDIAN, FOR THE PURPOSE OF Resident and Rra:f!Ass4 0R:a3 photography Studio NAME ADDRESS { DATE 4 4 144 119AS-rda, r- �P 23 s P ,ase, t. to s F t hate' 4 { r T{j Fi X 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 Larry M. Bowen USING THE PROPERTY LOCATED AT 49 East'- State , MERIDIAN, FOR THE PURPOSE OF Resident and Rra:f!Ass4 0R:a3 photography Studio NAME ADDRESS { DATE 4 4 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 Larry M. Bowen USING THE PROPERTY LOCATED AT 49 East'- State , MERIDIAN, FOR THE PURPOSE OF Resident and Rra:f!Ass4 0R:a3 photography Studio NAME ADDRESS PHONE DATE 4 144 119AS-rda, r- �P 23 s P ,ase, t. F t hate' 4 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 Larry M. Bowen USING THE PROPERTY LOCATED AT 49 East'- State , MERIDIAN, FOR THE PURPOSE OF Resident and Rra:f!Ass4 0R:a3 photography Studio NAME ADDRESS PHONE DATE 144 119AS-rda, 23 s P ,ase, 1 r 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 Larry M B owen USING THE PROPERTY LOCATED AT 49 East State , MERIDIAN, FOR THE PURPOSE OF Resident and Professional Photography Studio NAME ADDRESS PHONE DATE /a fol 0 0", � y 5 a W+; °. 4 �F 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 Larry M. Bowen USING THE PROPERTY LOCATED AT 49 East State , MERIDIAN, FOR THE PURPOSE OF Resident and Professional Photography Studio NAME �{2VPr J ADDRESS p5. d� PHONE � . DATE C-3 v�c9�tiv 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 Larry M. Bowen USING THE PROPERTY LOCATED AT 49 East State , MERIDIAN, FOR THE PURPOSE OF Resident and Professional Photography Studies ADDRESS PHONE DATE 3 J-1 Af' On4b P, ct§ W -A, r° nom• r r 134 s�T P, ct§ W -A, r° nom• r r 134 s�T WE THE UNDERSIGNED DO NOT OBJECT TO LarrV M. Bowen USING THE PROPERTY LOCATED AT 49 East State , MERIDIAN, FOR THE PURPOSE OF Resident and Professional Photography Studio NAME W; MIFF / ADDRESS 2-1044 LLWe � l Cts e0! Q md. 812%5 PHONE DATE 35 East Carlton Meridia 336-12 4/23/86 F"- PETITION REQUIREMENTS: 1 1. Petitioner must supply a comprehensive list of ALL residences within 300 feet _.t from the proposed Conditional Use property line to include Name, Address, k Telephone and Date. ;4k 2. Supply 20 copies of all required material. =k 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. f: WE THE UNDERSIGNED DO NOT OBJECT TO LarrV M. Bowen USING THE PROPERTY LOCATED AT 49 East State , MERIDIAN, FOR THE PURPOSE OF Resident and Professional Photography Studio NAME W; MIFF / ADDRESS 2-1044 LLWe � l Cts e0! Q md. 812%5 PHONE DATE 35 East Carlton Meridia 336-12 4/23/86 F"- 1 F"- Ott. W E E 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 Larry M. Bowen USING THE PROPERTY LOCATED AT 42Stats East Resident and PrnfPc4Qinna1 , MERIDIAN, FOR THE Studin PURPOSE OF Phntngrgj3hy NAND ADDRESS PHONE DATE a //U IVA u� 4, ,r r ts, ... t, t s w.� x P u sit. u �. O PETITION REQUIREMENTS: 1. Petitioner must suppi5, 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 USING THE PROPERTY LOCATED AT , MERIDIAN, FOR THE PURPOSE OF NAME ADDRESS PHONE DATE ?? F c f.. f, �s { 2 g a� �}4 f, v ?? F c f.. f, �s { 2 g v :9r'i 0 H Z N^ c 0 0 0 pi O N W. Cr7 3 �-• P: ►J rD G r• rt K a ce (o 109 o, a r a rt H 3 H Z n b b 3 3 n tr1 O '=J { W W W ;0 6i E 0 H 4 4 ry Z o OA m a w(D e.sa�i1 rt 2, 0 �°, K 0 tr 0 d' n a v m g cn £ rat CDD ft Z v b rt a a N F' °< r •G w m n �4 4� sn. r•: isv rt w (D rt rt 0 a H b n a W H• b E (n 0 (D 0 w m w W 3 G~. rt Eb' o � O a " O w 10 Eo M -j' O n C O E O W r~t rt A C (D O H "' n O (D a b O (D f•+ H d W (D rr w w w ►C b rn 7• a (D H (D H H to r U) LG Ea O E a (D H O n D+ a Q a (D H W W O O Q N. �G p N O O H- r w r► W x m rt 7 O m a M O G H• O H O (D O H- G7 ,-. • A N W O' O O O Q, H• W O a b H rt m O W o a rr H (n H O a �n d (D w O a m (D ro H x n "C w H• u1 O r M w (D P. n N (D H Z w H. Fi N W 0 N H• rt rt ~ O �0)) M G1 Cf H R H rt �n w+fl-mrt > Fd a r O rrO e+ Z rorr� .. H W AO) H h] u) w r H• H.O rt b a �o 0 ul a~o rr ,� N r ti o� rt w v ~~ E m rn • l< m o � H r2i n r m N 0 m (D rt H• m CO ts o r ft Di 0 0 11 N a a ID rt n w r• O oa Z3 OJ a '7 O H En F-3 H tai C t=J 0 N d H N N 0 z v 0• z w h -h r� o m C6 0 9 o z G r o. C tzj H n 'z d H H H z I'm ro W H H a, k�1 { d v r 1 ry F � e.sa�i1 2, J .�n Z a, v �4 4� sn. r•: isv OFFICIALS JACK NIEMANN, City Clerk A. M. KIESERT, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Waste Water Supt, KENNY BOWERS, Fire Chief ROY PORTER, Police Chief GARY SMITH, City Engineer June 24, 1986 A HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 728 Meridian Street MERIDIAN, IDAHO 83642 Phone 888.4433 GRANT P. KINGSFORD Mayor Mr. Larry Bowen 205 West 5th Emmett, Idaho 83617 re: Conditional Use Permit: Dear Larry, COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER BOB SPENCER Chairman Zoning 8 Planning At the Meridian City Council meeting held June 16, 1986, the Council approved your application for a Conditional Use Permit for a photography studio to be located at 49 East State Ave. This approval was granted with the condition that you adhere to the Ordinances of the City of Meridian and pay additional assessments for water and sewer. It will be necessary for you to make arrangements to pay the additional assessments and to obtain the necessary permits required. If you have any questions, please contact me at the Meridian City Hall. Sincerely, yCiy ale & ing dmihstrator y U Meridian, ID. pc: Jim Christie File t 7t* A'a''i? 1' r: a � r: .t= , F 0 0 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of.the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on June 16, 1986, for the pur- pose of reviewing and considering the application of Larry M. Bowen for a conditional use permit at 49 Eatt State Avenue for a photography Studio. A more particular description of the above property is on file in the City Clerk's Office and is available for inspection during regular business hours. Public comment will be taken and is welcome. DATED This 27th day of May, 1986. AMBROSE, FITZGERALD 6 CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 jacx Nie City Cie 4 �w; y 1d"r cry k w a tf §r 8 MERIDIAN PLANNING & ZONING MAY 28, 1986 Special Meeting of the Meridian Planning & Zoning Commission called to order at 5:15 p.m. by Chairman Bob Spencer: Members Present: Walt Morrow, Jim Johnson, Jim Shearer, Tom Cole: Members Absent: Moe Alidjani: Others Present: Dennis Kelly, Maria Azeveda, Jim Christie, Grant Kingsford: Item #1: Findings of Fact & Conclusions on Annexation & Zoning Request by Ron Van Aucker. Chairman Spencer, are there any comments or questions of the Commission on these Findings? There was no response. The Motion was made by Morrow and seconded by Shearer that the Meridian Planning & Zoning Commission hereby adopts and approves the Findings Of Fact and Conclusions as prepared on the Van Aucker request. Motion Carried: Roll Call Vote: Cole, Yea: Shearer, Yea: Johnson, Yea: Morrow, Yea: The Motion was made by Morrow and seconded by Cole that it is hereby recommended to the City Council that this Petition for Annexation and Zoning should be conditionallyapproved, which conditions should be investigated and discussed by the City Council. Motion Carried: All Yea: Item #2: Findings of Fact and Conclusions on Conditional Use Permit request by Cecil Cherry & Sons: Chairman Spencer, are there any comments or questions of the Commission on these Findings? There was no response. The Motion was made by Morrow and seconded by Cole that the, Meridian Planning & Zoning Commission hereby adopts and approves the Findings of Fact and Conclusions as prepared on the Cecil Cherry & Sons request. Motion Carried: Roll Call Vote: Morrow, Yea: Johnson, Yea: Shearer, Yea: Cole, Yea: The Motion was made by Morrow and seconded by Cole that the Meridian Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that they deny the Conditional Use Permit request- ed by Cecil Cherry & Sons for the property described in the application. Motion Carried: All Yea: Item #3: Findings of Fact '& Conclusions on Conditional Use Permit request by Larry Bowen: MERIDIAN P & Z MAY 28, 1986 PAGE # 2 0 Chairman Spencer, are there any questions or comments of the Commission on these Findings? There was no response. The Motion was made by Shearer and seconded by Morrow that the Meridian Planning & Zoning Commission hereby adopts and approves the Findings of Fact and Conclusions as prepared on the Larry Bowen request. Motion Carried: Roll Call Vote: Morrow, Yea: Johnson, Yea: Shearer, Yea: Cole, Yea: The Motion was made by Johnson and seconded by Shearer that the Meridian Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by Larry Bowen for the property described in the application under the conditions stated herein. Motion Carried: All Yea: Being no further items to come before the Commission the Motion was made by Shearer and seconded by Cole to adjourn at 5:20 p.m. Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: BOB SPENCER, CHAIRMAN LARRY BOWEN CONDITIONAL USE PERMIT PHOTOGRAPHY STUDIO 49 EAST STATE AVENUE COMMENTS 1. ADA COUNTY HIGHWAY DISTRICT: NO REQUIREMENTS: 2. CENTRAL DISTRICT HEALTH: CAN APPROVE WITH CENTRAL WATER & SEWER, CONFIRM WITH SEWER PLANT THAT DEVELOPING FLUIDS ARE HANDLED ACCORDING TO THEIR NEEDS: 3. CITY ENGINEER: APPLICANT WILL BE REQUIRED TO PAY ADDITIONAL SEWER & WATER ASSESSMENT IF HE IS ALSO GOING TO RESIDE THERE. THERE SHOULD,BE SUFFICIENT PARKING IF NO MORE 3 UNITS AT THERE AT ANYONE TIME. SIGN WOULD NEED TO BE IN ACCORDANCE WITH CODE. 4. POLICE CHIEF: PRIMARY CONCERN ARE THE IMPACT ON TRAFFIC FLOW & RESID- ENTIAL ON STREET PARKING IN THE AREA: 5. EARL WARD, SEWER SUPT: COMMERCIAL SEWER RATE WOULD APPLY: 6. LETTER OBJECTING TO THIS USAGE: (SEE ATTACHED) 7. P & Z MEETING HELD MAY 12, 1986, CITY ATTORNEY TO PREPARE FINDINGS. 8. SPECIAL P & Z MEETING HELD MAY 28, 1986, P & Z APPROVED FINDINGS AND RECOMMENDED THAT CITY COUNCIL APPROVE THIS REQUEST. `e April 30, 198E tri- Jack Xi emann C; t� lert 1.28 Meridian Street Meridian, Idaho 83642 Dear Mr. Niemann, We received a letter notifying us of a Planning.. and Zoning Commission hearing to be held on May 12, 1986, for which we Thank you ifery much. Due to previous committments we will be out of town at that time so we are sending this letter. Concerning the application of Lary M. Bowen for a conditional use permit at 49 E. State Avenue for a Photo- graphy Studio. We are certainly not in favor of a com- mercial business going in on our street and just two doors from us even thou Mr. Bowen tells us there would never be more than two cars there at a time. This is pretty hard to believe. We have had enough problems -with parking in front of our place with it residential. We do have a nice residential street and do hope to keep it this way. r , � Thanking you, Art & Florance Hall 39 East State Ave. Meridian, Idaho 83642 } h �Lt! i ,i - i Y. {j y� X r y F Y � - ., air - a•a -. a,:. i E r�u ' `e April 30, 198E tri- Jack Xi emann C; t� lert 1.28 Meridian Street Meridian, Idaho 83642 Dear Mr. Niemann, We received a letter notifying us of a Planning.. and Zoning Commission hearing to be held on May 12, 1986, for which we Thank you ifery much. Due to previous committments we will be out of town at that time so we are sending this letter. Concerning the application of Lary M. Bowen for a conditional use permit at 49 E. State Avenue for a Photo- graphy Studio. We are certainly not in favor of a com- mercial business going in on our street and just two doors from us even thou Mr. Bowen tells us there would never be more than two cars there at a time. This is pretty hard to believe. We have had enough problems -with parking in front of our place with it residential. We do have a nice residential street and do hope to keep it this way. r , � Thanking you, Art & Florance Hall 39 East State Ave. Meridian, Idaho 83642 } h �Lt! i ,i - i Y. {j y� X `e April 30, 198E tri- Jack Xi emann C; t� lert 1.28 Meridian Street Meridian, Idaho 83642 Dear Mr. Niemann, We received a letter notifying us of a Planning.. and Zoning Commission hearing to be held on May 12, 1986, for which we Thank you ifery much. Due to previous committments we will be out of town at that time so we are sending this letter. Concerning the application of Lary M. Bowen for a conditional use permit at 49 E. State Avenue for a Photo- graphy Studio. We are certainly not in favor of a com- mercial business going in on our street and just two doors from us even thou Mr. Bowen tells us there would never be more than two cars there at a time. This is pretty hard to believe. We have had enough problems -with parking in front of our place with it residential. We do have a nice residential street and do hope to keep it this way. r , � Thanking you, Art & Florance Hall 39 East State Ave. Meridian, Idaho 83642 r h i Y. {j y� X l AMBROSE, FIMERALD aCROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 The above entitled matter having come on for public hearing May 12, 1986, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 12, 1986, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 12, 1986 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations; 2. That this property is located within the City of Y 1 W p� i ... I BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION ` LARRY M. BOWEN CONDITIONAL USE PERMIT � ` 49 EAST STATE AVENUE Kv MERIDIAN, IDAHO rm FINDINGS OF FACT AND CONCLUSIONS l AMBROSE, FIMERALD aCROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 The above entitled matter having come on for public hearing May 12, 1986, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 12, 1986, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 12, 1986 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations; 2. That this property is located within the City of AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 43442 Telephone 86&4441 Meridian and is owned by Bernhardine Hosely, and is described as Lots 20 and 21, Block 1, Nourse's Second Subdivision, Ada County, Idaho; and is known as 49 East State Avenue; 3. That the property is located in Old Town, which requires a conditional use permit for the operation of a photography studio which is the use the application requests; 4. That a proper notice has been given as required by law and all approvals and procedures before the Planning and Zoning Commission have been given and followed; 5. That no persons appeared at the hearing objecting to the use of the property as a photography studio, a letter in opposition was received from Art and Florence Hall; 6. That the property is presently used soley for residential purposes; 7. That at the public hearing there was public comment in addition to the applicants', which supported the Application; 8. That the Applicant's use as a photography shop is classified as a professional office which is a permitted conditional use in Old Town; 9. That the Applicant represented there would be no photo processing on the premises; that there would not be more than two to three customer cars parked in or around the premises; 10. That the Applicant met the requirements that 75% of the owner's of property within 300 feet of the property approve of the conditional use. AMBROSE, FITZOERALD A CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone M84487 11 CONCLUSIONS 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 and having obtained the consent of 75% of the owners of property within 300 feet of the external boundaries of the applicant's property; 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of -the Revised and Compiled Ordinances of the City of Meridian, Idaho; 4. That 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission specifically concludes as follows: X 7 ?rt' � a �$ 4 ` P X 7 ?rt' � a �$ za s � a �$ za s � a �$ P s =F b 3s2 � r y.re �, AMBROSE, FnWERAL0 eCROOKSTON Attorneys and counselors P.O. Box 427 Meridian, Idaho ON42 Telephone 888AUl a. The uses, in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The uses will be harmonious with and in accordance with the Comprehensive Plan and the Zoning Ordinance. C. The use will be designed, constructed, operated, and maintained to be harmonious in appearance with the intended character of the general vicinity such being designated Old Town which contains a mixture of uses. d. That the uses will not be hazardous or disturbing to existing or future neighboring uses. e. The property if not already connected to sewer and water line must be so connected and those services should be able to be provided adequately. f. The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. g. The uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. h. That applicant shall be required to have parking for the property which shall be so designed as not to create an interference with traffic and parking on :r Y F gR yy E x R. s .t t i A� t �z AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 127 Meridlan, Idaho 83812 Telephone 888-Wl C� 0 surrounding public streets and which parking meets the City Ordinances. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. That the Applicant shall be required to pay appropriate 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 uses. That the Applicant must meet the parking requirements and the sign code ordinance; 6. That the permit once granted shall be personal to the Applicants and shall not be transferrable to other individuals or property. x kk x F 1 fi Aft M41 e X14 ` x kk a x F 1 fi Aft M41 X14 ` a X14 ` ;}4�x 7 � 4 S� y': ', 5� p� < d ti Yy j n Ni r. 0 0 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian. Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: Commissioner Morrow Voted } Alidjani Vote ' `tied Commissioner s Voted F'Ci Commissioner Shearer Vote §k .. Voted%� Chairman Spencer (Tie Breaker) Voted 0 0 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian. Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: Commissioner Morrow Voted } Alidjani Vote ' `tied Commissioner s Voted F'Ci Commissioner Shearer Vote §k Cole Voted%� Chairman Spencer (Tie Breaker) Voted �4w+ k £f � 0 0 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian. Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: Commissioner Morrow Voted Commissioner Alidjani Vote ' `tied Commissioner Johnson Voted F'Ci Commissioner Shearer Vote Commissioner Cole Voted%� Chairman Spencer (Tie Breaker) Voted DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application under the conditions stated herein.. MOTION: APPROVED: 1) t C I AMBROSE, FITZGERALD & CROOKSTON Attomeys and Couneelma P.O Boa 427 Merldlan. Idaho 83842 Telephone BBB4481 m DISAPPROVED: ."5 �W 0 0 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on June 16, 1986, for the pur- pose of reviewing and considering the application of Larry M. Bowen for a conditional use permit at 49 Eatt State Avenue for a photography Studio. A more particular description of the above property is on file in the City Clerk's Office and is available for inspection during regular business hours. Public comment will be taken and is welcome. DATED This 27th day of May, 1986. i` �v33 ` qq C ....... ,{ ., �e x� AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridien, Idaho 83842 Telephone 8884481 t{ NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission of the City of Meridian will hold a special meeting on May 28, 1986 at the hour of 5:15 o'clock p.m. at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, for the purpose of considering and taking action on findings of facts and conclusions of law pertaining to the following applications: 1.) Annexation and Zoning by Ronald Van Auker; 2.) Conditional Use by Cecil Cherry and Sons; and 3.) Conditional Use by Larry Bowen. No public commentwillbe taken. DATED this day of May, 1986. lerk MERIDIAN P & Z MAY 12, 1986 PAGE # 7 Bowen, I presently have a studio in Emmett and have been there for about 10 years and I am trying to relocate and open up a studio here in Meridian where I will reside. It will be a home and a photography studio along with the one I have in Emmett. It will just be for the creating of the pictures, there will not be a processing lab, it will be just for the purpose of the photographs in and around the building, it is a historical building which really helps my business, the type I want the clientele and the images I create, therefore as far as maintaining and preserving this home it is to my benefit to do so. Alidjani, what type of clientele do you have and how many? Bowen, I work on a appointment basis, it is a small operation as I am the only photographer and it is usually at the least half hour sessions and it is one at a time so there would probably be one client coming and one client leaving. There probably would never be more than three cars at one time, one coming ,one leaving and maybe someone showing up to request prices or etc. Johnson, had some questions on the signatures, which were explained to him: Did you you get any opposition from the owners when you took the petition around? Bowen, no, other than the ones who refuse to sign petitions, everybody was real favorable.I reviewed the comments and I assumed that you were thinking I was going to do processing as far as the additional sewer and water charges are concerned. It was explained to Mr. Bowen that this would have to be paid as it is part of the Conditional Use Permit when a business is conducted out of a home. Spencer, what are your plans for parking? Bowen, you can park two cars easily in front of the house and then there is a long driveway. There was more discussion on the parking and also the additional hookup assessments. Johnson, have you address anything about signage? Bowen, just that you have a sign code and I have read that, probably be a wooden carved signs . Chairman Spencer, I need to enter into the record a letter received from Art & Florence Hall who are in opposition to the request. Jay Johnson, 2910 Sheffield, Boise, Mr. Johnson was sworn by Spencer: Johnson, I support this request, it is a new business coming into Meridian, I have property that is basically behind his and I have made it available for parking which he may use. Spencer, is there anyone else present who wishes to testify on this request? There was no response. The Public Hearing was closed. Are there any comments or questions of the Commission? There were none. r b; , n. «q �?Y h {{ rc �. k. MERIDIAN P & Z MAY 12, 1986 O PAGE # 8 The Motion was made by Morrow and seconded by Shearer to have the City Attorney prepare Findings of Fact and Conclusions of Law on this request and that the Findings reflect a favorable recom- mendation to the Meridian City Council. Motion Carried: All Yea: Being no further business to come before the Commission the Motion was made by Cole and seconded by Morrow to adjourn at 8:35 p.m.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS)APPROVED: ATTEST: Jack Niemann, City Clerk pc: Mayor & Council P & Z Commission Atty, Eng, Police, Mitich Fire, Ward, Stuart,Keibert Valley News, Statesman Hallett, ACHD, NIMD, CDH, ACC, ACZ, Mail (6) File (6) BOB SPENCER, CHAIRMAN f'. ^i ft 'N H ro :E"' z r� o y c `p my 93 ro • • Lnm n w n w r y ( rt 0 CD = 'D G� 3 y (r a. In M r• b m H (D tr1 rt rt �'� m" =$L.) (.) (D rt El) x PC ►C O - (Da 0 N• v O m N H K' 'O z n A� O 0 z O 0 >0 3 0 wO x wrt P3 0 tHEn rJ H � H CD H. W G rt Z' ff mO HC7 E 0 W M (D o F'• P3 rr 0 'b 0 m n w 0 m n ;_ 0 0 rar O0 z H w rt m 0 z ti rt N O > -3fD !' Ci rZ 0F•�a � .. O OR W C Z (3D rar ti a trJ ID w (D L-'• Lr n C7 b It r b n y H £ tzi o (D rt O a d n w � a z�•' K O C H '< ty w (D •d o { H r. rt c N In • 0 ID ^' O rt O = z tri F • v - rt p - rt F, v` z T r z z z C) z C N A d � . d y5 ` _ � a L. ., G E r a 2 ►c m r a re a •• - ►• h C G a :r m c a n s =_ a C a G b ►s m r 3. a 0 I-• m 3 O 3 o N O O ►- ro 3, ►� a C a a rt ►Gq tv m rt •- �c c tt m � a R m a c G 7 « = - rt O n d "• r• PC rt �• rt G L m • ►t N O+ n m m 0 m rr C7 m r 5 't ro 0 tP K - � 'G f+ (D 0 U)M � O ~ > M a m S r• � --I rt L � O n (D ro 0 m rt a 0 a �• a cn rt a U) r• a roof �+ 0 CD E �+• O 0-7 An � U) 0 £ u, ►, m( O m n n a ►t rn r v vim• ry r• m �r • •G (D H ro :E"' z r� o y c `p my 93 ro • • Lnm n w n w r y ( rt 0 CD = 'D G� 3 y (r a. In M r• b m H (D tr1 rt rt �'� m" =$L.) (.) (D rt El) x PC ►C O - (Da 0 N• v O m N H K' 'O z n A� O 0 z O 0 >0 3 0 wO x wrt P3 0 tHEn rJ H � H CD H. 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(D rt a 0 a a roof �+ 0 CD E 0 0-7 An ro x u, ►, m( O m n n a ►t rn r v vim• m N 0 0 (D r n zb 10j rat cr M+ 7 rij z fid 0•I 0 o ro m 0 rt S'v O 0 • w 1'O rt H C7 j w w Lnjcr N tri 0 rt j ?l •• z F+• W tj 0 z '� gm n� ro rt ! z Z Gj K rt r- ^ °i (17 O w' rt 6 Wcu im N rt^ ro rn ac F� H rt . � C= \O X ° rn 00 -� m 0 < GO C= rn t H ro :E"' z r� o y c `p my 93 ro • • Lnm n w n w r y ( rt 0 CD = 'D G� 3 y (r a. In M r• b m H (D tr1 rt rt �'� m" =$L.) (.) (D rt El) x PC ►C O - (Da 0 N• v O m N H K' 'O z n A� O 0 z O 0 >0 3 0 wO x wrt P3 0 tHEn rJ H � H CD H. W G rt Z' ff mO HC7 E 0 W M (D o F'• P3 rr 0 'b 0 m n w 0 m n ;_ 0 0 rar O0 z H w rt m 0 z ti rt N O > -3fD !' Ci rZ 0F•�a � .. O OR W C Z (3D rar ti a trJ ID w (D L-'• Lr n C7 b It r b n y H £ tzi o (D rt O a d n w � a z�•' K O C H '< ty w (D •d o { H r. rt c N In • 0 ID ^' O rt O = z tri F • v - rt p - rt F, v` z T r z z z C) z C N ��Fa;•,�Yt . 3 � + ,� s a ,tv k A d � . d y5 ` 5 ��Fa;•,�Yt . 3 � + ,� s a ,tv k ADA COUNTY HIGHWAY DISTRICT 318 EAST 37TH STREET BOISE, IDAHO 83714 Inter -Department Correspondence Ada County Highway District Commission To: Date: May 1, 1986 From: Development Services Subject: MERIDIAN CONDITIONAL USE - STATE AVENUE PHOTO STUDIO FACTS & FINDINGS: 1. To operate a photo studio in an existing residence on the south side of State Avenue west of East First Street. 2. State Avenue is fully improved. 3. No new on-site parking is proposed. REQUIREMENTS: 1. No requirements. POLICY IMPLICATIONS: 1. Requirements are made to Meridian Planning & Zoning Commission as condition for compliance. SIGNATURE OF STAFF SUBMITTING: Jon D. Thompson ONTRAL DISTRICT HEALTH DEPARTM 0 ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET Return to: Boise _ Rezone # Eagle Conditional Use # I AJ?_P J 86UkEn Phak 61 Y Sivl L Meridian Preli_minary/Final/ ort Pl@L Kuna ACZ 1. _ We -have no objections to this proposal. 2. We recommend denial of this proposal. 3. _ Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. 4. We will require more data concerning soil conditions on this proposal before we can comment. 5. _ We will require more data concerning the depth of (high seasonal ground water)(solid lava) from original grade before we can comment concerning individual sewage disposal. 6. _ We can approve this proposal for individual sewage disposal to be located (2,4) feet above solid lava layers. 7. We can approve this proposal for: �ral sewage Interim sewage Individual sewage _ Commmunity sewage system and Central water Individual water C m unity water well. 8. Plans forCentral sewage Community sewage system Sewage dry lines, and Central water _Community water must be submitted to and approved by the Regional ealth and Welfare Environmental Services Field Office. 9. Street runoff is not to create a mosquito breeding problem. This department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed then a sewage system MUST be installed to meet Idaho State Sewage Regulations. We will require plans be submitted for a plan review for any (food establishment)(beverage establishment)(swimrrdng pools or spas)(grocery store). r�o�J�l%�-[),�>n.� �1�>tr✓c ��� I��hnllPc�l .,o,e�i�G x y3 ' fs'kkr z.Y i s It t Y Q � a a� Y 001"�' `�a3ar, 4 _ .r k� VP — - r _ � m E r ►.• fD R_ r m t "CC't fD o c ul v, w W � :Dokn O N r) ro 0 � OA w ,v N R �- o O n to M r. 7 F-+ •t Q • � fD ra v H 2 � g1.4t X i 1'+ e 3 b f =_ 3ez a a a 3 °r0-' i` y fDrA m C y 3 ty co i4 10 M y (9 '" m K n K O m [n R M 0 G .._ Ln En �► "o lu o a to O R v 3 O c .- Ct 3 d H r- o �+ fD o .. ? �> p 'C a C a d a R'C rr w fD `C 6-.3r- 03 M �' fD C O O (D C = c = 0 0. 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I WIN lip 'Yd 3:e o r ik k �� M s - - - v a n r -c a tr s r ft n ^ ? •G n n Gi N O m H a w i • �'S N d O 'G �• n to f7 ro 0 ] a r• a a rt m w fr• O O = = m O £ fy r• .r � t7 • •< m b a a F 3 Z r.' r� C, T y S T s n � a �' � � Q - C� a a 3 3 r• r• O et �� °� a n to Cr to 3 r• tI 3 CL 3 r O ? O T m a :° o o f ° En a h a o r• M rD o �..� w c a a n I a .• �. fY t (D < o a tD a = _ u 2 O G J E n O n r o G rt fT cP c rr tD ft r r• W. K b En n _ IV fD ►t a+ to = O 0 = � K ►t ►{ to to t- f -t La K O C� Gni O f•t 1% �^oc0tn o ° .c ° r• N. �►roi wf�D w K o a fD - z m rt wvo rn it n zin f. fl 0 O " K ftp > ft 1-3 21 0 TJ C7 rt� � N txi a r- to - p01 0 rt .. 1-, a ro rt rr x O "V C rat V7 F•+ ~ a = N rr p b Q) K < rt ~ K: OD E O K H n r� ,• £ ro s o ~ z w b v � c n n p ? b x r b N y fD C+ y to K = C7 0 o m a to K x b rt K O z 0 O O OUH H ti 1-3 ED to n (D ttji H 4 C)i fD p f]. K C fD t1i H fT n CL > cOi 0 0 O Z t7 rt a 0 N -3 9 = •-• a � r + £ H 3 Rai O z rr t+ a t1J •• a = 1-3 0 til 3 eF £ C N o o 1-3i ' H ? 3D •••i 77 g °i -r 1 • e r f OF q p woo -''3^Y.ii%��� Y t .k,p a al NE i f ! Ift �t Oi pilt it T s �;#� 4 �i Y9 �9 �,� ; Hl � tF r ala r mw d`. I WIN lip 'Yd 3:e o r ik k �� M s $to vNess L411 blishing Parltandj*".. %DRIORATE THIS CARBON WILL IF EXPOSED TO EXCESSIVE HEAT OR SUNLIGHT. _ . _ . ....... _....._...... _.._...._.. _.........:.:....._......__....... .......... .. ...... .......... ....... ...... .... ... ............ .. . .............. . ............. _-ADDENDUM T'O_REAL ESTATE. PURCHASE ARV.SALE........._.._.. ....... ...... AGREEMENT BY AND BETWEEN BOWEN BEING THE BUYER AND HOSLEY BEING THE SELLER, ATEV '.4 ... ........ 1. Batance oS $$3,500.00 to be paid at cto.6ing .CONTINGENT _4,pqR BuyeA be .ng abte to obtain n 100 V.A. ji na ncing with inteAut not exceed 90. BuyeA agAeu to expedite att neceuaAy document-6 thAa'lnteA-We.6t Maktgage to 2. SetteA to pay "joA the co,6t of appkaiawt and:x*,14 poin;4 t'o_'.6ec-.u,%_e the., .6aid "loan ...--- 3...­Thi.6'ojjeA iA CONTINGENT upon BuyeAz.being gW,;q obtain a conditionat,ase ­.peamit, AM, the Ci'4 o MeAidian. 4. Buye& and SiWii�n . to pay the**4'A' own tupective * do*A­ing ico'.sus . . ......... S. ng ­k e n I c I e .61 ne have a a I c em .1­11­1. BuyeA_to'havethe ".. Aight to $t= p&ce pt�ant6 along to the stoAage room behind the gaAage, and upon..2qan commitment and appA beidke cto�ingsuch at ' time as i-6 convenient to SlWeA" to Have gad access to the pAopeAty. ........... ... ...... ..... .......... 6. (SetteA,may need extra time aiteA.cto.6-ing to vacate the pkemize.6) .-l...l. pAq�at . . .. ...... .. ............... __ ­­­'0n_.a b"Z6"t6AL4en'maii 15 d4.6 akdAenegotiabte between BuyeA and SetteA. .. ......... ... ------ -- ---- 09..' Items exctuded - water .6oitnei (aented). Item inctudedd"pe&n-6 iez and cu&tai '(wiAd6 '­_c"oveAing6), green.waAdkode in'the' up.6tai&,s o . m, .11.1 wa . .6 heA - and d ­. dk . yeA chandetieA in dining room, both window aik Bond itioneA.6. FI j�ixion ii - Douglas q,M 16 E. Pine Same Puschel - Nellie 0 I 22 E. Pine Same Smith - Margaret 4 k 36 E. Pine 1017 Yost Ave. Meridian Hepper - Emelia 6 �; 40 E. Pine Same Young - Clarence pk 46 E. Pine Same hazerene Church 58 E. Pine Same -- 2e! /j Sn�_ �- r 917 E. 1 stir®--?-.. v l 1 azerne Church OK 51 E. Pine Nazerene Church ©v- 39 E. Pine Nazerene Church Me-_ 3:1 E. Pine Pacific N.W. Properitesy � 23 E. Pine 4915 Denton Boise 83706 �lPacific N.W. Properties 820 Meridian same as above Pacific ti" N.W. Properties 832 Meridian same as above Beymer - Betty VAeAa}+oN 1031 E. 1st 9390 Ustick Boise 83704 Kehler - Lila i ©qc) . 51 E. Carleton 5175 Howry Lane Meridian Mathews - Patrick ®K 47 E. Carleton Same Fender - Steven 41 E. Carleton 4631�.:Castlebar Dr. Boise ker *—I 83703 Matthews - Margarets 35 E. Carleton 2104 Lemhi Cir. Boise LOUC 83705 %Woolsey -Robertspw�- 31 E. Carleton Rt.1 Box 561 Caldwell Id. 83605 McCea- Russell$Wy 25 E. Carleton Same Realco pAL(zm to,1101- 12 E. State Box 8281 Boise 83707 .Berry - Martha 18 E. State Same Marr -George ? ©� 24 E. State Same Borup - Joyce 32 E..State Same �?McClure - Dorthey 04 46 E. State Same ,McClure - Dorthey pg 38 E. State Same r Ross - Loren GGyeA 50 E.State 1383 Linderwood Meridian - 83642 ors-LorenI 52 E. State same as above NFA ,Wroperty Address Mayes - Dean 66 E. thoft 51AT M Peterson- Phillip OeL(j 0 - 925 E. 1st Paulin - Harry PA50-ndp SSE. State Nixi,on - Dale q Bwu"e vd 43 E. State Hall - Arther 39 E. State Peters - Ralph 29 E. State Sedivy - Jeffery A3aeboh OKu_ 21 E. State Thorne - Derma ikWt 13 E. State- t'ejtt r Bye - Evalyn 121 E. State Brinegar - EE se,it 115 E. State ��J� 430 Oft E. 1st ff r§< & 9 VAc­ GWAO m L y'' of } Oidence Box 392 Meridian ow%ze at, qzq Lc. a st. wnatop,! same 25555 Eagle Rd. Meridian same same same Rt. 1 Star Id. 83669 same 1639 Conant Ave. Burley Id. 83318 same i � k t m L y'' of } Oidence Box 392 Meridian ow%ze at, qzq Lc. a st. wnatop,! same 25555 Eagle Rd. Meridian same same same Rt. 1 Star Id. 83669 same 1639 Conant Ave. Burley Id. 83318 same t i � ��J� � r ff r§< & 9 13�F� P ;6r, ■ AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 6884461 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning & Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m. on May 12, 1986, for the purpose of reviewing and considering the Application of Larry M. Bowen for a conditional use permit at 49 East State Ave. for a Photography Studio; a more particular description of the above property is on file in the City Clerk's office and is available for inspection during regular business hours. Public comment will be taken and is welcome. DATED this day of April, 1986. yf tYy A J J pp w {{ q � ,, . €x 4 4" fi� F P z 114, F y� tg t s - x },i—f y", 1 0 } { 3 E � 4{i f_xtr k t 4 A ,{t, 4, Po i ��, 4 xY}1 p�4CM''F0F AA Na�twa dt9 k'ks i� Jack 4iemanr�/, City Clerk F y� tg t s h 1 0 } { a i 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 Larry M. Bowen USING THE PROPERTY LOCATED AT 49 East State , MERIDIAN, FOR THE PURPOSE OF Resident and Profikssional Photography Studio NAME ADDRESS PHONE DATE 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 Larry M. Bowen USING THE PROPERTY LOCATED AT 49 State East. , MERIDIAN, FOR THE PURPOSE OF Resident and professional photography studio NAME ADDRESS PHONE DATE n IL g tel - 1 a, I 35 g-Igo6 Val a x, IN �� 1 a, 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 Larry M Bowen USING THE PROPERTY LOCATED AT 49 State East , MERIDIAN, FOR THE PURPOSE OF Resident and Professional Photography Studio NAME ADDRESS PHONE DATE a Shy A)� A 9 3Z-, s VY r TV ' 22 f, '. ej, e , P,, .19 OEM 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 USING THE PROPERTY LOCATED AT , MERIDIAN, FOR THE PURPOSE OF ° NAME ' ADDRESS PHONE DATE N 3, :3 44 t� y ¢ 4 '1170 4r VP N 3, :3 N 3, :3 44 t� 0 0 MERIDIAN CITY COUNCIL JUNE 16, 1986 Regular Meeting of the Meridian City Council called to order by Mayor Grant Kingsford at 7:30 p.m.: Members Present: Bill Brewer, Ron Tolsma, Bert Myers, Bob Giesler: Others Present: Marilyn Razutis, Tracey Hampton, Patricia Donahue, Maria Azevedo, Jim Christie, Bruce Raluson, Lloyd Howe, Dorothy Rodda, Mo Alidjani, Kenny Bowers, Roy Porter, Gary Smith, Wayne Crookston, Terry Tingy, Rod Brady, Kim Cherry, Cecil Cherry, Dennis Kelly, John Sutton, Bob Wherry, Miriam Barr, Bob Spencer, Jim Hollingsworth, Ronda Lowe. The Motion was made by Tolsma and seconded by Giesler to approve the minutes of the previous meeting held June 2, 1986 as written: Motion Carried: All Yea: Mayor Kingsford read a Proclamation declaring the Week of June 22-28 1986 as Meridian Quick Response Week: Item #1: Annexation & Zoning Request by Ron Van Aucker: Public Hearing: Mayor Kingsford, is there someone present to represent this request? Dennis Kelly, 326 North Orchard, Boise, Idaho: Mr. Kelly was sworn by the City Attorney: Kelly gave a brief description and the boundries of the property in this request and advised the Council that they were requesting this property be zoned Light Industrial (IL). Are there any questions of the Mayor or Council on this request? There were none. Mayor, I will now open the Public Hearing, is there anyone present who wishes to testify on this Request? There was no response. The Public Hearing was closed. The Motion was made by Brewer and seconded by Giesler to approve and adopt the Findings of Fact and Conclusions as prepared for the Planning & Zoning Commission on this request. Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: The Motion was made by Brewer and seconded by Tolsma to approve of the Annexation with Light Industrial (IL) Zoning and instruct the City Attorney to prepare an Ordinance to reflect this approval: Motion Carried: All Yea: Item #2: Public Hearing_: Request for Conditional Use Permit by Larry Bowen: I CITY COUNCIL o JUNE 16, 1986 PAGE # 2 Mayor Kingsford, is there someone in the audience to represent this request? Jim Christie, 40 West Franklin, Meridian, Idaho: Mr. Christie was sworn by the City Attorney: Mr. Bowen is anticipating opening a photography shop in the Hosely home, this is a historic house located at 49 East State Ave. It will not dimish from the historic value, there will be no photo processing there, it will be just for the taking of pictures. Brewer, what I would like to elude to and it is causing concern is the parking situatio4 he keeps assuring us that there will be no parking problem, that there will only be one or two people or one or two cars there at a time, however it is a commercial venture in a residential neighborhood. The only verbal or written testimony is the Hall Family and they are opposed to the project. If the parking does create a problem is he prepared to provide parking on the back of the lot? Christie, he was offered parking by Jay Johnson which is property behind his, he also has a driveway which is 70 feet long by 16 feet wide which could hold six cars. He also has a garage which will accomodate his personal vehicles. Giesler, it is a commercial venture and I hate to see these homes go to commercial use with Conditional Use Permits, I think it should be zoned properly for this use. Brewer, this was my thinking until I was reminded that in the Old Town District, Conditional Use Permits are the legal thing for any change of useage under our Ordinance. Mayor, I think you need to understand that the CUP is not transferable and it limits the use where if it was zoned Commercial they could conduct any kind of business out of this location. Mayor, does Mr. Bowen pian to just operate this himself? Christie, there would be just him and an assistant, the most he would have would probably be three cars there, one going, one coming and one pricing or shopping. He will do this on appointment basis only. He wanted this home for the background inside and out for his photography. Mayor, is he aware as to comments as to commercial sewer and water? Christie, yes he is. He also plans on living there himself. Mayor, are there any other questions of the Council? There were none. The Public Hearing was opened. There was no one present who wished to testify on this request. The Public Hearing was closed. The Motion was made by Giesler and seconded by Brewer to approve and adopt the Findings of Fact and Conclusions as prepared for the Planning and Zoning Commission. Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: �'R i F P eµ 3 i a MERIDIAN CITY COUNCIL® JUNE 12, 1986 PAGE # 3 The Motion was made by Giesler and seconded by Myers to approve of the Conditional Use Permit for Larry Bowen for a photography studio at 49 East State Ave. under the conditions as stated in the Findings of Fact and Conclusions. Motion Carried: All Yea: Item #3: Public Hearing: Conditional Use Permit for Cecil Cherry & Sons: John Sutton,Attorney w/ Harris & Sutton was present to represent this request. Sutton, I have some pictures for the Council to review to see the location we are talking about, what Mr. Cherry seeks to do is have installed a laundry facility, I would like to point out to the Council the type of facility Mr. Cherry is seeking to place, it is a hi -tech laundry facility which is rather small in size, it looks like the facility in this brochure and pictures which I will give you a copy of. There has been some resistance to having this at this location, It is my understanding the Council would prefer having a professional park at this location rather than having a mixed use. Unfortunateiy:"_it seem to us the community has not supported a professional park,' -the Cherry's have tried to locate other tenants to fill this facility. The type of use we are talking about is, we believe economically compatible with the existing use that is in there. We have some statements to present to you tonite from people who are in alike situations as what we propose the City Council to review tonite. This statement is from a CPA Firm in Nampa who is located next to laundry facility. Mayor Kingsford, if I may interupt Mr. Sutton the approach you are taking I believe it would be appropiate that you be sworn since you are giving new testimony. Mr. Sutton was sworn by the City Attorney. Sutton, The statement from the CPA Firm advises they have no problems from being located next to the laundry facility. I also have a state- ment from a dental office that has no problems being located next to a laundry facility. The facility proposed by Mr. Cherry is a rather small operation and would not have a heavy use. There is not a high traffic count involved in this type of facility, most of the traffic count takes place after hours. A Statement from Tomjack Equipment was presented to show the traffic count and the hours this occured. We do not think due to this fact the people already in the facility would be greatly effected by this traffic as it would occur after their regular hours. We also believe there has been some objection raised that there is a Mobile Home Park close to this proposed facility and that it would create: traffic hazard or create an extended use by the Mobile Dome Park and it would create an influx of people carrying their laundry across a main thoughfare to this location. Mr. Cherry and his family have done some research in that area and have contacted the residents of that Park and of the 43 contacted only 11 would anticipate using this facility. Only three or four indicated they might walk. On one hand I can applaud the Council for them wanting a professional parr, but if it is not being supported by the community then what is happening the Cherry family is being forced to suffer economic waste and they are unable to use their -- I RE -21 REAL TATE PURCHASE AND SALE AG MENT Rev. 413 (with Earnest Money Provision) THIS CONTRACT CONTROLS THE TERMS OF SALE OF THE PROPERTY. READ CAREFULLY BEFORE SIGNING: IF ANY QUESTION, CONSULT YOUR ATTORNEY. McA.idian Idaho ptit 7, 1986 LARRY M. BOWEN, a z Ingle man (hereinafter called "Buyer") agrees to purchase, and the undersigned Seller agrees to sell the following described real estate hereinafter referred to as "premises" located in McA.idian County of Adm State of Idaho, commonly known es 49 E"t State legally described as: Lot- 20 and 21, BRh 01, NouAze r z Second Sub (A FULL AND COMPLETE LEGAL DESCRIPTION MUST BE INSERTED, ATTACHED OR WRITTEN ON THE REVERSE HEREOF PRIOR TO EXECUTION BY SELLER. Buyer hereby authorizes broker to insert over his signature the correct legal description of the premises if unavailable at the time of signing, or to correct the legal description previously entered if erroneous or incomplete.) 1. TOTAL PURCHASE PRICE IS Eighty Aouh thowsa_vrrl dotta&6 and no/ 100--------------- ------------------------------------------------ DOLLARS ($ 84, 000.00 ) payable as follows: A. Earnest Money. (a) Buyer hereby deposits and a receipt is hereby acknowledged of Five hundAed dattaAA Dollars ($ 500.00 ) evidenced by: ❑ Cash, IN Personal Check, ❑ Cashiers Check, ❑ Note Due, or paid or delivered as earnest money in part payment of the purchase price for the premises. (b) Earnest Money to be deposited in trust account upon acceptance by all parties. (c) All Earnest Money shall be held by Ace Reatty of Nampa, Inc TAcust Account for the benefit of the parties hereto, and Bob Cook (Broker) shall hold the completely executed broker's copy of this agreement. B. Balance of purchase price to be paid as follows: SEE ATTACHED ADDENDUM 2. Buyer's offer is made subject to the acceptance of Seller on or before 12:00 o'clock midnight of ApAit 8, 1986 If Seller does not accept this agreement within the time specified, the entire Earnest Money shall be refunded to Buyer on demand. 3. Title of Seller is to be conveyed by warranty deed, unless otherwise provided, and is to be marketable and insurable except for rights reserved in federal patents, state or railroad deeds, building or use restrictions, building and zoning regulations and ordinances of any governmental unit, and rights of way and easements established or of record. Liens, encumbrances or defects to be discharged by Seller may be paid out of purchase money at date of closing. Any liens, encumbrances or defects which are to be discharged or assumed by Buyer or to which title is taken subject to (not otherwise set forth above) are: Subject to Me.e imaAy t itte .watch 4. The Seller shall, within a reasonable time after closing, furnish to the Buyer a title insurance policy in the amount of the purchase price of the premises from a title insurance company showing marketable and insurable title subject to the liens, encumbrances and defects elsewhere set out in this agreement to be discharged or assumed by the Buyer. Prior to closing the transaction, the Seller shall furnish to the Bµyet A Dreljmir p y- gport or commitment made by a title insurance company showing the condition of the title to said premises. The parties agree that r (lCA4 AfIIVC can Title Company shall provide said title policy and preliminary report or commitment. It is agreed that if the title to said premises is not marketable, or cannot be made so within thirty (3C) days after notice containing a written statement of defects is delivered or mailed to the Seller, or if the Seller, having approved said sale fails to consummate the same as herein agreed, such failure shall constitute a default and the Earnest Money shall be returned to the Buyer and Seller shall pay for the cost of title insurance, escrow and legal fees, if any. Buyer's acceptance of the Earnest Money does not constitute a waiver of other remedies available. 5. It is hereby agreed that the "closing agent" for this agreement shall be Fijr.At Amen Bob (look is the broker responsible for the closing. Where not otherwise provided by law, the parties shall each pay one-half of said closing agent's fees. The closing date shall be 711110 9, 1986 •TyA0- 6. On or before the closing date, Buyer and Seller shall deposit with the closing agent all funds and instra is necessary to complete the sale. 7. Seller shall deliver possession to Buyer on or before June 9, 1986 -. sl)Y1 (b )�8� nd taxes and water assessments (using the last available assessment as a bassi ), refits, insurance premiums, interest and reserves on liens, loalis or obligations assumed or taken subject to, and utilities shall be prorated as of O tFIL7 except as follows: Buyer shall pay for fuel in fuel tank, the amount to be determined by the supplier at Seller's expense. 8.The parties agree that this agreement contains the following additional terms and conditions: New motoA AoA domvusta iu a.iA— conditioneA - oAdmd and Witt be acrid JoA by zetteA 9. The following items of property now on the premises are specifically excluded from the sale: SP_t?_eA oh Settekz agent to supP4 a .I "t o4 .items to be .included oA exatuded in .sate _urateA sogtneA - (Aented) The following items of personal property are specifically Included In the sale: Se Q.eeA oA zett eAA agent to J5LL ppU a ,QiA.t 10. IMPORTANT: THE REVERSE OF THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS WHICH ALSO CONSTITUTE PART OF THE AGREEMENT. Each of the parties acknowledges reading this agreement in full. Lis ' A V"PatteA.son Selling A9AC�' Rluaty oA Nampa, I� Inc. �a Aze-ye-do-11im C h i fi e_ BUYER Buyer's Address On this date. , I/ We hereby approve and accept the sale set forth in the above agreement and agree to carry out all She terms they Qf op the part of the Seller, and the undersigned Seller further agrees to pay a commission of �i of selling price or 44 pE? aQ�C�ea DOLLARS ($) to the above named broker(s) for services. 1/W ther ark wle fie receipt of iyfrue co y of this agreement with the complete legal des tipn of thea ises ins rted and si by b th parties. I/ Sefler' Atldr s _ 3 -x SELLER v Sd1F&`sWhM. r A true copy of the foregoing agreement, signed by the Seller and containing the full and complete legal description of the premises, is hereby re- ceived on this day of '19— . BUYER BUYER STATE OF IDAHO ) as County of ) On this day of 19_ , before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the person(s) who signed the foregoing instrument as Seller and acknowledged to me that _he_ executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year first above written. BROKER'S COPY Residing