HomeMy WebLinkAboutHatch & Claxton Rezonea
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ZON TNG
M,, ,iian Flanning & Zoning Commission
Filing Information
I. GENERAL INFORMATION
(Proposed Name of Subdivision)
1111 Cherry Lane
(General Location)
v � � Sec � �3N 111Ci265 of 11 90 of E2E 2W 2SE4 W4 Es.� c RAI
(Legal Description = attdch if lengthy)
Hal Match 2055 N. 10 11ile Rd. Meridian 83642 X388-205.4
(Owner(s) of Record) (Name) (Telephone No. )
John Clayson 506 Central Pit Lane Nampa 83651
Tom Hatch 60 Heritage Cove 700 N 212E Logan, Utah 84321
(Address)
-Same-
(Applicant) (Name) (Telephone No. )
(Address)
-NA-
(Engineer, Surveyor or Planner) (Name) (Telephone No. )
(Address)
City of Meridian -
(Jurisdiction(s) Requiring Approval) R, _ e o,o`, P)
_ Limited Office Appox 30,000 sq ft facing W. Cherry Lane
(Type of Subdivision -Residential, Commericial, Industrial)
} 50 Acres of Land in Contiguous Ownership.
17111,4-,IZ7 0
(Acc pted By:) (Fee)
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We are asking for a zone change from residential
to limited office, Dentist Office
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To the City of Meridian:
Could I please put a mobil home on my property at 1111
W. Cherry to accomadate an agreement with Mrs. Annie
Jones. She has life estate and by selling the property
it will destroy the home she now occupies. We are ob-
ligated to provide a home until she cannot provide for
herself. I would guess that would be from 1-10 years.
The trailer would be moved from the property at that time.
I would hook up to city water and sewer.
Thank you for your cooperation.
144— llxaec,�
Hal Hatch
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To the City of Meridian:
Could I please put a mobil home on my property at 1111
W. Cherry to accomadate an agreement with Mrs. Annie
Jones. She has life estate and by selling the property
it will destroy the home she now occupies. We are ob-
ligated to provide a home until she cannot provide for
herself. I would guess that would be from 1-10 years.
The trailer would be moved from the property at that time.
I would hook up to city water and sewer.
Thank you for your cooperation.
144— llxaec,�
Hal Hatch
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To the City of Meridian:
Could I please put a mobil home on my property at 1111
W. Cherry to accomadate an agreement with Mrs. Annie
Jones. She has life estate and by selling the property
it will destroy the home she now occupies. We are ob-
ligated to provide a home until she cannot provide for
herself. I would guess that would be from 1-10 years.
The trailer would be moved from the property at that time.
I would hook up to city water and sewer.
Thank you for your cooperation.
144— llxaec,�
Hal Hatch
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Roman Catholic Diocese of Boise
P.o. Box 706
Meridian, Idaho 83642
Marie Rowdy Hansen
625 e. 100 So. Box 377
Spanish Fork, Utah 84660
Gary Green
1831 N.w. 10th
Meridian, Idaho 83642
Ralph Pollock
'1230 W. Cherry
Meridian, Idaho 83642
Gary Weeks
1812 Leisure
Meridian, Idaho 83642
Henry Sedlacek
1131 W. Cherry
Vidian, Idaho 83642
Edson Fujii
4345 Pasadena
Boise, Idaho 83705
Meridian School District
911 Meridian
Meridian, Idaho 83642
Delbert Niblet
4010 E. Franklin
Meridian, Idaho 83642
Vivian Deitrich
1029 Yost
Meridian, Idaho 83642
Margaret Keene
1017 Yost
Meridian, Idaho 83642
Sharon Stewart
1005 Yost
Meridian, Idaho 83642
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� r CITY COUNCIL
AUGUST 2, 1988
PAGE # 3
3 *City Engineer: The statue as I read it is
pretty
declaration is concerned, they list them by numbers whatcas is needed,tas
far as what is to be included on the plat, there doesnt seem to
AV -
thing real specific.
be any -
City Attorney: It would be my recommendation then if the
City
is satisfied with the actual plat that it would be alright to Engin
' it conditioned upon the approval of the declaration bein correct. g correct..
The Motion was made by Tolsma and seconded by Brewer to approve th
condominium plat for gk� & Tin P e
.�Y gy conditioned upon receiving and
4 approval of the declaration.
Motion Carried: All Yea:
M
;
Item #5: Pre -Termination Hearing: Water/Sewer/Trash Delinquencies:
Mayor Kingsford: You have been informed in writing,
M
You have the right to a pre -termination hearing before the Mayoreand
Council, to appear in person to be
claim made b the Cit that Judged on facts and defend the
Y Y your water, sewer and trash bill is
delinquent, ou may retain Counsel. Is there anyone in the audience
who wishes a pre -termination hearing?
Wilma Blair, 1239 W. 2nd Acct # 3584: I have gonL back to
have a partial
payment in the amount of $30.00 and would appreciate
work and
favorable consideration for the balance.
Mayor Kingsford: I would recommend to the Council whe
turn-off list that Wilma Blair be excluded. Is thereanyone else whothe
wishes a hearing? There was no
response
to pa
their water bill or to present anyvalid reason whylthe abill ehas not
been paid their water shall be turned off on August 10, 1988, in
. order to have their water turned back on there will
be an additional
fee of $10.00. They are hereby informed that the may appeal
the decision of the City reviewed by the Fourth JudiciaDistrict
ave
will be shut off;
�^ Court, pursuant to Idaho Code, even though they appeal their water
The Motion was made by Brewer and seconded by Myers to approve the
turn-off list with the exception of Wilma Blair:
" Motion Carried: All Yea:
-Mayor Kingsford: the amount of delinquencies this month is 6
$ ,153.35
Item #6: Approve the Bills:
The Motion was made by Tolsma and seconded by Myers to approve
payment of the bills:
Motion Carried: All Yea:
5
Item #7: Award Bid on Water Line replacement project on West 8th St:
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DECLARATION OF CONDOMINIUM
This Declaration of Condominium made X
1988, by Rodney D. Brady and Terrell F. Tingey, herein called
the Developers, for themselves, successors, grantees, and
assigns. •
Wherein the Developers make the following declarations:
I. The purpose of the Declaration is to submit the
lands herein described and the improvements thereon to the
condominium form of ownership and use in the manner provided
by the Idaho Condominium Property Act, Chapter 15, Title 55,
Idaho Code.
which are attached hereto as Exhibit "A". The condominium
shall be a one story building consisting of two office units,
divided by a common wall. The dental office, on the east
UAIT NO. I.
side of the building
shall consist of 1,73
square feet. The dental office on the west side of the
!Aw►T NO -1
building ("Restr: �
--_te�-�it) shall consist of 1,2� square;feet.
TAXES AND LIABILITY
4. The percentage of ownership interest in the common
area which is to be allocated to each unit for purposes of
tax assessment under Section 55-1514, Idaho Code, and for
purposes of liability as provided by Section 55-1515, Idaho
up�lT N0.1 4,Ih�T
Code, -is as follows;} �; _ [ N0. I S.
RESTRICTIONS COVENANTS AND BY-LAWS
5. Developers hereby declare that the subject property
shall be held, conveyed encumbered, leased, and used subject
to the following uniform covenants, restrictions, by-laws,
and equitable servitudes. The said restrictions set forth
herein shall runNe
he subject real property and shall bebinding upon alls having or acquiring any interest in
such real property or any part thereof, and shall inure to
the benefit of every portion of said real property and any
interest therein and shall inure to the benefit of and shall
be binding upon Developers, and Developers' successors in
interest (Owners) and may be enforced by Developers or owners.
6. By acceptance of any conveyance of any interest in
said real property, the owner and owner's heirs, personal
representatives, successors and assigns, covenant with the
DECLARATION OF CONDOMINIUM - 2
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developers and developers' successors and assigns, and with
all other owners, or subsequent owners thereof, that these
covenants shall inure to the benefit of and be binding upon
all such parties.
7. It is recognized that service lines for water, sewer,
gas and electric utility services for each office may consist
of separate lines, but such utilities may nevertheless cross
the common area or the other office. The owner of each office
shall have a permanent easement on, over and across the common
area or other office for the purpose of maintaining the
necessary service lines for water, sewer, pas, and electric
Utility services providing such service to the office,
including within the scope of said easement the right of
access on, over, and across such common area or other office.'
All expenses of maintenance and repair of such water, sewer,
gas, and electrical utility lines at exterior points (being
defined as any point other than within the office after the
point of common connection to such office) shall be born
equally by the owners of the offices to the extent such lines
are common to the two offices. All expenses of maintenance and
repair of such water, sewer,, gas, and electrical utility
lines, to the extent such lines are not common, but benefit
one office, shall be the responsibility of the office receiving
such benefit.
8. It shall be the responsibility of the owners of the
offices to maintain, repair, and improve the common area.
The expenses for maintenance, repair, and improvement of the
DECLARATION OF CONDOMINIUM - 3
common area shall be apportioned pursuant to the ownership
interest in the common area as set out in paragraph 4. costs
of maintenance, repair, and improvement shall not be incurred
without the reasonable consent of each Owner. To the
improvements to the common area result in a parkin 1 extent
parking spaces, each owner shall have access across
of and
and
through such parking lot and an equal number of parking spaces
shall be designated for the benefit and use of each office.
8. It shall be the responsibility of each owner
to maintain, repair, and improve his office. No condition
shall be admitted to exist upon any owner's portion of the
Office which results in damage to the portion of the office
of the other owner, or results in unreasonable interference
with the use and enjoyment of such other office. No owner
shall change the color of exterior paint or the roof color of
such owner's portion of the building without the reasonable
consent of the other owner. It is recognized that the common
area and offices are to,be used for promoting the professional
business of dental care and no owner shall conduct any activity
on the property which is not conducive to that purpose.
9. In the event that,one owner seeks to transfer his
interest in said real property and office, the second owner
shall have the option of purchasing the first owner's interest
or any part thereof. In the event one owner seeks to transfer
his interest in the real property and office building, and
the second owner does not intend to exercise his option to
purchase the first owner's interest, the second owner shall
DECLARATION OF CONDOMINIUM - 4
"=MUM
10
2
nevertheless have the right to refuse the transfer of interest
to a third party upon reasonable grounds, such grounds
including, but not limited to, the reasonable belief that the
use of the real property and office would not be conducive to
the operation of a professional business of dental care; will
compete for business with the second owner; and/or will be
detrimental to the business of the second owner. Neither
owner may transfer his interest in the real property or
Office without the written consent of the other.
10. The Developers and owners reserve the right to change
the interior design and arrangement of the units. Furthermore,
this Declaration may be amended by filing such additional
terms, restrictions, or plans as the Developers and/or owners
may deem necessary.
DATED this day of
1988.
ODNEY D. DYE
Developer
DATED this day of
1988.
<1
TER ELL F. TINGEY,
Developer
DECLARATION OF CONDOMINIUM -
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nevertheless have the right to refuse the transfer of interest
to a third party upon reasonable grounds, such grounds
including, but not limited to, the reasonable belief that the
use of the real property and office would not be conducive to
the operation of a professional business of dental care; will
compete for business with the second owner; and/or will be
detrimental to the business of the second owner. Neither
owner may transfer his interest in the real property or
Office without the written consent of the other.
10. The Developers and owners reserve the right to change
the interior design and arrangement of the units. Furthermore,
this Declaration may be amended by filing such additional
terms, restrictions, or plans as the Developers and/or owners
may deem necessary.
DATED this day of
1988.
ODNEY D. DYE
Developer
DATED this day of
1988.
<1
TER ELL F. TINGEY,
Developer
DECLARATION OF CONDOMINIUM -
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AMBROSE,
MMERALD
&CROOKSTON
Attae� and
Coe�tant
P.O. Bos 127
UWW141, kWw
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ORDINANCE NO.
AN ORDINANCE AMENDING AND CHANGING THE ZONING OF CERTAIN REAL
PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS THE S 265
FEET OF THE E 1/2 OF -E 1/2 OF W 1/2 OF THE SE 1/4 OF SW 1/4,
SECTION 1, T 3N, R 1W, B.M., ADA COUNTY, IDAHO, ALSO KNOWN AS 1111
W. CHERRY LANE, MERIDIANr IDAHO.
WHEREAS, The City Council and the Mayor of the City of
Meridian, Idaho, have concluded that is in the best interest of
said City to amend and change the zoning from "R-4" Residential to
"L -O" Limited Office for the'.following described land:-
S 265 feet of the E 112,o:6 E
Of SW 1/4, Section 1, T 3 R 1/2 of W 1/2 0l the SE 1/4
Idaho. 1W, B. M., Ada County,
NOW, THEREFORE, BE IT ORDAINED by the Mayor1Zand Ci 4 Council
of Meridian, Ada County, Idaho.
Section 1. That -the aforementioned real property which is
described as follows:
S 265 feet of the E 1/2 of E 1/2 of W 1/2. of the -;S$ 1/4
Of SW 1/4, Section 1, T 3N, R 1W, B.M.,
Idaho. lid County,
Be and the Same hereby is rezoned°f.rcm ' -4s Residential to
"L-0" Limited Office and Section 11-2-425, ;Official Zoning Maps
are hereby amended to reflect the same.
Section 2. This Ordinance shall be in full force and effect
from and after its passage and approval as requirdd by law.
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PASSED by the City Council and approved by the Mayor of the
City of Meridian, Ada Count Idaho this h1�
Y. . � day o GJrt/e..
1987.
ATTEST:
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PASSED by the City Council and approved by the Mayor of the
City of Meridian, Ada Count Idaho this h1�
Y. . � day o GJrt/e..
1987.
ATTEST:
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APPROVED:
MAYOR --GRANT P. RINGS ORD
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APPROVED:
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MERIDIAN CITY COUNCIL •
JUNE 2, 1987 S
PAGE # 2
this in so it could be circulated to the homeowners in the
area as other parties involved before that meeting. If we could obtains cell
approval of this layout tonite so we can proceed to draw the finaly pat •
and also approve the continuation until the next meeting, then we at
appreciate receiving approval on the final plat at that time endinould
the techincal part, we will still have to have the City Engineer's ap roval
b
on the water and sewer plans and etc. which we will not have ready P
the next meeting. y
The Mayor & Council had some questions of Mr. Hubble, which
he pointed
out on the drawing the Mayor & Council were viewing. The. second access
would be gravel with a breakway barricade for emergency vehicles. Thefirst platted portion would be about eighty lots which ACHD will allo
with the secondary access before any further development would be w
allowed this secondary access would have to be opened up and paved w'
sidewalks and curbs. P with
The Motion was made by Tolsma and seconded by Myers to continue th
Public Hearing until the June 16, 1987 Meeting: e
Motion Carried: All Yea:
;Item #2: Public Hearing: Rezone by Hatch & Claxon wJ Variance for Temporary
Mobile Home, ---
Mayor Kingsford, would
You come forward Mr. Claxon and state your request?
Mr Claxon was sworn by the City Attorney.
Claxon, We would like to obtain approval for rezone of thep ro ert
located on Cherry Lane, this property will be used for dentalP y
offices.
Mayor Kingsford, any questions of the Council, there were none, at this
time I will open the Public Hearing, is there anyone in the audience who
wishes to testify on this request,. there was no response, the Public
Hearing was closed.
Giesler, the mobile home was to be set at this location until n
needed -and then it would be moved off, is that correct? o longer
.Hatch, that is correct, we have another place for Mrs. Jones to go b
if that does not work out we will be putting the mobile home there. ut
The Motion was made by Giesler and seconded by Myers to approve the
Findings of Fact and Conclusion of Law as prepared by the City Attorney
for the Planning & Zoning Commissioh:on the rezone request for Hatch
& Claxon along with the Variance for a temporary mobile Home.
Motion Carried: Giesler, Yea: Myers, Yea: Tolsma, Yea:
Mayor -Kingsford, an Ordinance amending and changing the zoning of certain
real property in the City of Meridian which is described as the S265 ft
of the Eh of Eh of A of the Sk of SW4, Section 1 , T 3N, R 1W, B.M. Ada
County, Idaho, also known as 1111 W. Cherry Lane , Meridian, Idaho i
there anyone in the audience who wishes Ordinance #481 read in its s
entirety? There was no response.
AMBRCSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Boz 427
Meridian, Idaho
=42
Telephoneses.4461
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of
Meridian will hold -a public hearing at 7:30 o'clock p.m. on June
2, 1987, at the Meridian City Hall, 728 Meridian Street,
Meridian, Idaho, for the purpose of considering the Application
of Hal Hatch, Tom Hatch, and John Claxton for the rezone of S 265
feet of the E 1/2 of E 1/2 of W 1/2 of the SE 1/4 of SW 1/4,
Section 1, T 3N., R 1W., B.M., Ada County, Idaho, 1111 W. Cherry
Lane, from (R-4) Residential to (L -O) Limited Office. A more
particular legal description is on file at the City Clerk's
office and is available for inspection during regular business
hours.
NOTICE IS FURTHER GIVEN THAT at the same date, time and
place as above stated the City Council will also consider the
application of the above individuals for a variance to allow a
temporary mobile home for living quarters on the same property
and at the same address.
Any and all interested persons may testify.
DATED this�' , 1987.
f day of ,a��1
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l Jack ieman , City Clerk
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MERIDIAN PLANNING & ZONING
. MAY 12, 1987
Regular Meeting of the Meridian Planning & Zoning Commission called to
order by Chairman Walt Morrow at 7:30 p.m.:
Members Present: Jim Johnson, Jim Shearer, Tom Cole:
Members Absent: Moe Alidjani:
Others Present: Hal Hatch, Rent Barney, Steve Wherry, Wayne Crookston:
The Motion was made by Cole and seconded by Jim Shearer to approve the
minutes of the
previous meeting held April 14, 1987 as written:
Motion Carried: All Yea:
The Motion was made by Cole and seconded by Shearer to a S`
of the meeting held April 14, 1987 as written: PProve the minutes
Motion Carried: All Yea:
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Item #1. Public Hearin Rezone Request b Hal Hatch.
--- ---------- -
Chairman Morrow, is there someone present to represent this request and
if so would they come forward and exlain this request?
Mr. Hal Hatch was present, Hatch was worn by the City Attorney.
Hatch, I plan on selling off a portion of land the
requesting to be re -zoned a � portion that I am
approximately 30,000 square feet to Brady &
Tingy for a place for a dentist office.
Morrow, are there any questions of.the Commission members?
Johnson, I assume you are talking about the brown house there?
Hatch, no it will take out all three of them. It is all the way from
the church parking lot to the west edge of our property. There will
be a 50 foot roadway on the West side of the property.
Johnson, I have a question on the mobile home, I heard that there might
be an alternative proposal to that, are you still planning on going through
with that?
Hatch, when the property was purchased, the lady that owned it was given
life estate or whatever you want to call it, we have some other altern-
atives but I do not want to do that but if it comes to that we will have
to look at these. I have to put her in a place of equal value or some-
thing she would be satisfied with.
Johnson, where is she living now?
Hatch, in the green house that sets back aways from Cherry Lane. All the
house and trees would be removed and a new building erected by the
dentists on 30,000 square feet of land.
..
'MN^JSE
T": L HADD
hJCKSTJN
:torney9 and
:ouneelore
O Boz 427
}rltllan, Idaho
&7842
,}hone 8884481
•
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
HAL HATCH, TOM HATCH AND JOHN CLAXTON
REQUEST FOR REZONE AND VARIANCE FROM THE MOBILE HOME ORDINANCE
1111 W. CHERRY LANE
MERIDIAN, IDAHO
PRELIMINARY
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
v
May 1,1�(, 1987, at the hour of 7:30 o'clock p.m., the Petitioners
appearing in person, the Planning and Zoning Commission of the
City of Meridian having duly considered the evidence and the
matter but not having heard public testimony makes the following
Preliminary Findings of Fact and Conclusions under the provisions
that they may require an amendment depending on testimony at the
public hearing:
FINDINGS OF FACT
1. That the property is located within the City of
Meridian and is described in the application and which
description is incorporated herein as if set forth in full and
which property is known by the address 1111 West Cherry Lane,
Meridian, Ada County, Idaho.
2. That the property is located in the-' Cairns
Neighborhood as designated on the Policy Diagram on page 7 of the
Meridian Comprehensive Plan.
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'MN^JSE
T": L HADD
hJCKSTJN
:torney9 and
:ouneelore
O Boz 427
}rltllan, Idaho
&7842
,}hone 8884481
•
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
HAL HATCH, TOM HATCH AND JOHN CLAXTON
REQUEST FOR REZONE AND VARIANCE FROM THE MOBILE HOME ORDINANCE
1111 W. CHERRY LANE
MERIDIAN, IDAHO
PRELIMINARY
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
v
May 1,1�(, 1987, at the hour of 7:30 o'clock p.m., the Petitioners
appearing in person, the Planning and Zoning Commission of the
City of Meridian having duly considered the evidence and the
matter but not having heard public testimony makes the following
Preliminary Findings of Fact and Conclusions under the provisions
that they may require an amendment depending on testimony at the
public hearing:
FINDINGS OF FACT
1. That the property is located within the City of
Meridian and is described in the application and which
description is incorporated herein as if set forth in full and
which property is known by the address 1111 West Cherry Lane,
Meridian, Ada County, Idaho.
2. That the property is located in the-' Cairns
Neighborhood as designated on the Policy Diagram on page 7 of the
Meridian Comprehensive Plan.
i
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xx
.,M ix
3. That the property is presently zoned R-4 Residential
and is developed as such; that the property surrounding the
subject
property is similarly zoned and developed except the
property to the South is the Meridian Junior High School; that
there is a dental office on the Northeast corner of Cherry Lane
and West 8th Street; there is intermittent development of
i
Commercial and Limited Office property along Cherry Lane.
I
4. That the Applicant's proposal is to change the zones
from R-4 to Limited Office so the land can be developed for
dental and dental related uses.
5. The requested Limited Office zone is described in the
Zoning Ordinance as follows:
TZ GF N4lD
R.)OKSTON
t iorneys and
Counsefora
O Box 421
endian,Idaho
&X42
phone BBB -4481
C�
O
4. Positive programs should be undertaken to support '
existing industrial and commercial areas to insure
their continued vitality, such as:
C. Zoning changes to assure desired economic
impact.
9• Office uses can be, but may not necessarily be,
integrated within neighborhood, commuity, regional
shopping centers and Old Town.
7. That sewer and water are available within 300 feet.
8. That the City Engineer submitted comments which are
incorporated herein as if set forth in full.
9. That the Nampa and Meridian Irrigation District
submitted comments which are incorporated herein as if set forth
in full.
10. That the Ada County Highway District submitted
comments and requirements which are incorporated herein as if set
forth in full.
11. That the proper notice has been given as required by
law and all procedures before the Planning and Zoning Commission
have been given and followed.
12. That there presently is a residence on the property
and it is the apparent desire of the Applicants to allow the
resident to remain on the property but to remove the residential
building and place a mobile home on the property to allow the
resident to remain living on the premises.
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TZ GF N4lD
R.)OKSTON
t iorneys and
Counsefora
O Box 421
endian,Idaho
&X42
phone BBB -4481
C�
O
4. Positive programs should be undertaken to support '
existing industrial and commercial areas to insure
their continued vitality, such as:
C. Zoning changes to assure desired economic
impact.
9• Office uses can be, but may not necessarily be,
integrated within neighborhood, commuity, regional
shopping centers and Old Town.
7. That sewer and water are available within 300 feet.
8. That the City Engineer submitted comments which are
incorporated herein as if set forth in full.
9. That the Nampa and Meridian Irrigation District
submitted comments which are incorporated herein as if set forth
in full.
10. That the Ada County Highway District submitted
comments and requirements which are incorporated herein as if set
forth in full.
11. That the proper notice has been given as required by
law and all procedures before the Planning and Zoning Commission
have been given and followed.
12. That there presently is a residence on the property
and it is the apparent desire of the Applicants to allow the
resident to remain on the property but to remove the residential
building and place a mobile home on the property to allow the
resident to remain living on the premises.
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TZ GF N4lD
R.)OKSTON
t iorneys and
Counsefora
O Box 421
endian,Idaho
&X42
phone BBB -4481
C�
O
4. Positive programs should be undertaken to support '
existing industrial and commercial areas to insure
their continued vitality, such as:
C. Zoning changes to assure desired economic
impact.
9• Office uses can be, but may not necessarily be,
integrated within neighborhood, commuity, regional
shopping centers and Old Town.
7. That sewer and water are available within 300 feet.
8. That the City Engineer submitted comments which are
incorporated herein as if set forth in full.
9. That the Nampa and Meridian Irrigation District
submitted comments which are incorporated herein as if set forth
in full.
10. That the Ada County Highway District submitted
comments and requirements which are incorporated herein as if set
forth in full.
11. That the proper notice has been given as required by
law and all procedures before the Planning and Zoning Commission
have been given and followed.
12. That there presently is a residence on the property
and it is the apparent desire of the Applicants to allow the
resident to remain on the property but to remove the residential
building and place a mobile home on the property to allow the
resident to remain living on the premises.
ANIr7ROSE,
1TI^3ERALU
,1OOKSTON
tlorneys and
Counselors
a.0 Box 427
ertdlen, Idaho
63642
'Phone sse 4al
o �
I
13. That the Mobile Home Ordinance requires that all
mobile homes placed in use must be located in a mobile home park
or subdivision; that the application requests a variance from
this requirement for a period of time.
14. That no adverse comments have been submitted up to the
time of preparation of these preliminary findings; if there are
adverse comments at the public hearing new findings may have to i
be made. I
i
CONCLUSIONS I
1. The City of Meridian has the authority to grant Zoning
amendments and rezones
pursuant to Title 67, Chapter 65, Idaho I
Code, and pursuant to 11-2-416 of the Revised and Compiled
Ordinances of the City of Meridian.
2. That the City has authority to grant variances
pursuant to Section 11-2-419.
3. That upon rezone and the granting of a variance, the
City of Meridian has authority to place conditions upon the
zoning amendment.
4. That 11-2-416(A) 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 zoning amendments; 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:
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WSRO.,E,
-I G'GERALD
:;HOOKSTON
;ttorneye and
Counselors
N.O. Box 427
ferldlan, Idaho
83842
ionone 888.4461
0
(a) The new zoning would be harmonious with and in
accordance with the Comprehensive Plan and no
Comprehensive Plan Amendment is required.
(b) The area was not previously scheduled for a
rezone.
(c) The area included in the zoning amendment is
intended to be developed in the fashion that
would be allowed under the new zoning of Limited
Office (L -O).
(d) There has been a change in the area, the widening
of Cherry Lane, which tends to dictate that the
area may lend itself to be rezoned.
(e) The Applicant has represented that the area would
be designed and constructed to be harmonious with
the surrounding area.
(f) The proposed use would not be hazardous or
disturbing to existing or future neighborhood
uses.
(g) The area would be adequately served by public
facilities and services as those are already
available and in place adjacent to the property.
(h) The proposed use would not create excessive
additional requirements of public costs for public
facilities and services and would not be
detrimental to the economic welfare of the
community.
(i) The proposed use will not involve any detrimental
activity to any person's property or the general
welfare.
(j) The development should not cause a significant
increase in vehicular traffic and should not interfere
with surrounding traffic patterns.
(k) That this rezone would not result in the
destruction, loss or damage of any natural or
scenic feature of major importance.
(1) The proposed zoning amendment is in the best
s—MY 4 , a .F
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HATCH. & JOHN CLAXTON
REZONE REQUEST
1111 WEST CHERRY LANE
C O M M E N T S
1.
ADA COUNTY HIGHWAY DISTRICT: No
more access points are to be all
onto Cherry Lane abutting parcel. owed
k,
2•
Cit Y Engineer: See Comments attached:
3•
Nampa Meridian Irrigation: All lateral and waste ditches must be
protected.
4.
Sewer Department: No Comments.
f,
5•
Central District Health can
i
approve with centeral water &
6.
sewer:
Public Hearing before P
& Z held May 12, 1987,
recommended that Meridian CiP & Z Co mmission
City Council
a
_. approve this application.
s ,
7 .
Planning & Zoning Commission's Findings
of F
attached. g act & Conclusions
I
ONTRAL DISTRICT HEALTH DEPARTMEf)
ENVIRONMENTAL HEALTH DIVISION
1455 North Orchard
Boise, Idaho 83706
REVIEW SHEET
Rezone #
Conditional Use #
_ Preliminary/Fina1Short 1Pljt I (j
I erv�/)71YCc�y �
1• We have no objections to this proposal. r
2. We reconmend denial of this proposal.
Return to:
.Boise
Eagle
Meridian
Kuna
AQ
3. Specific knowledge as to the exact t
this proposal. type °f use must be provided before we can comment on
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 hi
from original grade before we can comment concerning gh seasonal gndd���solid lava)
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:
Central sewage Interim sewage Individual sewage _
and Central water Individual water _ �,ity water well. 1ty age system
8• Plans for Central sewage
-e Central water �rnuu.ty sewage system Sewage dry lines, and
ty water must be submitted to and approved by the Regional
Health and Welfare Environmental Services Field Office.
9. Street runoff is not to create a mosquito breeding problem.
10. _ This department would recommend deferral until high if other considerations indicate approval. g seasonal ground water can be determined
11. _ If restroom facilities are to be installed then a sewage system MUST be
Idaho State Sewage Regulations. g y ins led to meet
12. We will require plans be submitted for a plan review for any (food establishment)(bevera e
establishment)(swimning Pools or spas)(grocery store). g
13.
Reviewed by `J
Date
,R 1�'IDtl��J
ADA COI.JN Y
� HIGHWAY*DISTRICT
318 EAST 37TH STREET
BOISE, IDAHO 83714
Inter -Department
Ada County Highway Di strict CommissionCorrespondence
To:
Date: 4-28-87
From: Development Services
Subject: ZONE CHANGE & VARIANCE - 1111 W CHERRY LANE (MERIDIAN)
DENTIST'S OFFICE & MOBILE HOME (Hal Hatch, 888-2044)
FACTS & FINDINGS:
1. Rezone t'o limited office for dentist office and temporary mobile
home for
living quarters.
2. Cherry Lane has 80 -feet of right-of-way
recently been improved with a 65 -foot back-to-back hroadwa esectand has
y tioon.
SITE SPECIFIC REQUIREMENTS:
1. No more access points are to be allowed onto CherryLane
2. Any work within ACHD right-of-way requires a abutting parcel.
regarding the requirements to obtain a Permit. For information
Control at 344-6111, extension 430. CU, DR, or PDC Pfileenumb number required.
POLICY IMPLICATIONS:
1. Requirements are made to Meridian Planning & Zoning as condition tion for
SIGNATURE OF STAFF SUBMITTING.-
Jon
UBMITTING:Jon D. Thompson _
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man �Lathoj.ic Diocese of Boise
`' P• o, Box 706
1`'rdian, Idaho 83642
Marie Rowdy Hansen
625 e. 100 So. Box 377
Spanish Fork, Utah 84660
Gary Green
1831 N.w. 10th
` N-r'dian, Idaho 83642
Ralph Pollock
1250 W. Cherry
Meridian, Idaho 83642
wry Weeks
1812 Leisure
Iridian, Idaho 83642
'HenrHen Se
y dlacek
1131 W. Cherry
idian, Idaho 83642
Edson Fujii
4345 Pasadena
Boise, Idaho 83705
Meridian School District
911' Meridian
Meridian, Idaho 83642
Delbert Niblet
4010 E. Franklin
Meridian, Idaho 83642
/Vivian Deitrich
1029 Yost
Meridian, Idaho 83642
,/ Marggret Keene
1017 Yost
Meridian, Idaho 83642
Sharon Stewart
1005 Yost
Meridian, Idaho 83642
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AMBROSE,
FITZGERALD
�CROOKSTON
Attorne" and
Counsalon
P.O. Box 127
Aaridian, Idaho
BJb/2
iaphona 888401
NOTICE OF PUBLIC HEARING i
i
NOTICE IS HEREBY GIVEN that the Planning and Zoning
Commission of the City of Meridian will hold a public hearing at
7:30 O'clock p.m. on May 11, 1987, at the Meridian City Hall, 728
Meridian Street, Meridian, Idaho, for the purpose of considering
the Application of Hal Hatch, Tom Hatch, and John Claxton for the
rezone of S 265 feet of the E 1/2 of E 1/2 of W 1/2 of the SE 1/4
Of SW 1/4, Section 1, T 3N., R 1W., B. M., Ada County, Idaho,
1111 W. Cherry Lane, from (R-4) Residential to (L-0) Limited
Office. A more particular legal description is on' file at the
City Clerk's office and is available for inspection during
regular business hours.
NOTICE IS FURTHER GIVEN THAT at the same date, time and
place as above stated the Planning and Zoning Commission will
also consider the application of the above individuals for a
variance to allow a temporary mobile home for living
the same property and at the same address.
Any and all interested persons may testify.
DATED thisday Of�r_
1987.
n/ City Clerk
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AMBROSE,
FITZGERALD
SCROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan, Idaho
83842
Telephone 888-4481
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning and Zoning
Commission of the City of Meridian will hold a public hearing at
7:30 O'clock p.m on May 11, 1987, at the Meridian City Hall, 728
Meridian Street, Meridian, Idaho, for the purpose of considering
the Application of Hal Hatch, Tom Hatch, and John Claxton for the
rezone of S 265 feet of the E 1/2 of E 1/2 of W 1/2 of the SE 1/4
of SW 1/4, Section 1, T 3N., R 1W., B. M., Ada County, Idaho,
1111 W. Cherry Lane, from (R-4) Residential to (L -O) Limited
Office. A more particular legal description is on, file at the
City Clerk's office and is available for inspection during
regular business hours.
NOTICE IS FURTHER GIVEN THAT at the same date, time and
place as above stated the Planning and Zoning Commission will
also consider the application of the above individuals for a
variance to allow a temporary mobile home for living quarters on
the same property and at the same address.
Any and all interested person testify.
DATED this'Z�/-day ofs a / • / 1987.
JacX N
, City Clerk
tl
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