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HomeMy WebLinkAboutCottage Home AdditionA. 0 0 CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: a/L A rf�I ,f )) Cl.et_ PHONE ADDRESS; GENERAL LOCATION:.�J�� DESCRIPTION OF PROPOSED CONDITIONAL USE: ZONING CLASSIFICATION:���'��;�"� - - PLAN: A -plan of the proposed site for the condit'onal 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. 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 - BLOCK LOT NUMBER TO r A. 0 0 CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: a/L A rf�I ,f )) Cl.et_ PHONE ADDRESS; GENERAL LOCATION:.�J�� DESCRIPTION OF PROPOSED CONDITIONAL USE: ZONING CLASSIFICATION:���'��;�"� - - PLAN: A -plan of the proposed site for the condit'onal 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. 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 - BLOCK LOT NUMBER TO CONDITIONAL USE�N����RMIT INFORMATION =�' Applicant & Sandra Kay Braden Owner of Property 524 E. State Ave. Meridian, Idaho 83642 (208)887-1445 Legal Description The East 10 feet of Lot 4, all of Lot 3 and the of Property West 12 1/2 feet of Lot 2, all in Block 8 of Cottage Home Addition to Meridian, Ada County, Idaho. Proof of Ownership of Property ATTACHED Existing Use Currently used as family residence Proposed Use Family residence and Child Care Home Map ATTACHED Property Owners LIST ATTACHED Petition ATTACHED Fee ATTACHED Statement To the best of my knowledge, the proposed use of the property does not violate any subdivision covenants or restricitons or deed restrictions. A lien may be granted against said property for payment of all costs incurred by the City including engineering, publication, and attorney fees solely for the purpose of obtaining a license to operate a Child Care business. � Applicant 441 11 77 0 PROPERTY LINE X P breaker box X R-----------------X O - - P E- -------------- R - - T FRONT - HOUSE - Y YARD - - L - - X X X BACK X YARD X X X X X X X - - ----"" � ________________________ __^^^^^____________^^ N (garbage) water - - E line - GARAGE - DRIVEWAY ------------ ROPERTY LINE X = FENCE 5Z 4 444 0 PROPERTY LINE X P breaker box X R-----------------X O - - P E- -------------- R - - T FRONT - HOUSE - Y YARD - - L - - X X X BACK X YARD X X X X X X X - - ----"" � ________________________ __^^^^^____________^^ N (garbage) water - - E line - GARAGE - DRIVEWAY ------------ ROPERTY LINE X = FENCE 5Z 4 444 IM 684602' Trustee recorded January 9th, 1987 in Volume ----- at page ------ , Instrument No. 8701320 Mortgage records of Ada County, Idaho, pursuant to the written request of the beneficiary, does hereby GRANT and RECONVEY unto the PARTIES ENTITLED THERETO, t without warranty, all the estate and interest derived to it by or through said Deed of Trust�'i1 the labds�thereis described. z The corporate name subscribed by its Vice— president, and the seal affixed by its _ ,As . `Secretary, is pursuant to a resolution'authorizing the execution of this reconveyance duly adopted by its Rgard of Directors. Dated: September 16th, 1988 STEWART TITLE OF IDAHO',' ,INC, The East 10 feet of By.....�_i, P.Ha ..1 �.1. A. ......................................... Lot 4 all of Lot 3 Jt Vice— FresidenC. West 12 1/2 feet of ATTEST:...............................Lot w COTTAGE HOME ADDITION Bev Pn Assistant Secretary. STATE OF IDAHO STATE OF IDAHO, COUNTY OF � COUNTY OF Ada } ss.. I Hereby Certify that this instru /a3'filed for record at '�v On this I 16Th day of September in the the request of 5T��1�,�T I year 19 88 , before ire, a Notary Public in and for said at mutes T T ar o'cloc State, personally appeared Bev Petersen // p k,031•, known to 'me to be the Ass;. secretary of the corpora- thi 67 day of \� , tion thavexecuted' the within instrument or the person who 19X , in my office, a d duly recorded in Book executed the instrument on;behAlf of said corporation, and of batisfactions at page _ acknowledged -to, that sgAh; corporation executed the ,7 ""� 6' same: � t a. J....V .e 'y4QA ... ..... IN �VrrNESs wIi=EOF, I have hereunto set my hand and /�� x--OO�ficio- Recorder. affixed my official seal the day and year in this certificate By ("/���-�!. G first above written.: ; -e., .. �kZ:...L/...7.... r.. : ......................... Deputy. Notary Public for the State of Idaho, Fees OCT Residing at Boise , Idaho. Mail to: RE -5 Comm. Expires: 77,t �-- 3 �awW, a � Y s � 3 dP n .y ry< a s: j :4. p 684602' Trustee recorded January 9th, 1987 in Volume ----- at page ------ , Instrument No. 8701320 Mortgage records of Ada County, Idaho, pursuant to the written request of the beneficiary, does hereby GRANT and RECONVEY unto the PARTIES ENTITLED THERETO, t without warranty, all the estate and interest derived to it by or through said Deed of Trust�'i1 the labds�thereis described. z The corporate name subscribed by its Vice— president, and the seal affixed by its _ ,As . `Secretary, is pursuant to a resolution'authorizing the execution of this reconveyance duly adopted by its Rgard of Directors. Dated: September 16th, 1988 STEWART TITLE OF IDAHO',' ,INC, The East 10 feet of By.....�_i, P.Ha ..1 �.1. A. ......................................... Lot 4 all of Lot 3 Jt Vice— FresidenC. West 12 1/2 feet of ATTEST:...............................Lot w COTTAGE HOME ADDITION Bev Pn Assistant Secretary. STATE OF IDAHO STATE OF IDAHO, COUNTY OF � COUNTY OF Ada } ss.. I Hereby Certify that this instru /a3'filed for record at '�v On this I 16Th day of September in the the request of 5T��1�,�T I year 19 88 , before ire, a Notary Public in and for said at mutes T T ar o'cloc State, personally appeared Bev Petersen // p k,031•, known to 'me to be the Ass;. secretary of the corpora- thi 67 day of \� , tion thavexecuted' the within instrument or the person who 19X , in my office, a d duly recorded in Book executed the instrument on;behAlf of said corporation, and of batisfactions at page _ acknowledged -to, that sgAh; corporation executed the ,7 ""� 6' same: � t a. J....V .e 'y4QA ... ..... IN �VrrNESs wIi=EOF, I have hereunto set my hand and /�� x--OO�ficio- Recorder. affixed my official seal the day and year in this certificate By ("/���-�!. G first above written.: ; -e., .. �kZ:...L/...7.... r.. : ......................... Deputy. Notary Public for the State of Idaho, Fees OCT Residing at Boise , Idaho. Mail to: RE -5 Comm. Expires: 77,t �-- 3 �awW, a � Y s � 3 dP n Z 4 r. j :4. p Ar A 684602' Trustee recorded January 9th, 1987 in Volume ----- at page ------ , Instrument No. 8701320 Mortgage records of Ada County, Idaho, pursuant to the written request of the beneficiary, does hereby GRANT and RECONVEY unto the PARTIES ENTITLED THERETO, t without warranty, all the estate and interest derived to it by or through said Deed of Trust�'i1 the labds�thereis described. z The corporate name subscribed by its Vice— president, and the seal affixed by its _ ,As . `Secretary, is pursuant to a resolution'authorizing the execution of this reconveyance duly adopted by its Rgard of Directors. Dated: September 16th, 1988 STEWART TITLE OF IDAHO',' ,INC, The East 10 feet of By.....�_i, P.Ha ..1 �.1. A. ......................................... Lot 4 all of Lot 3 Jt Vice— FresidenC. West 12 1/2 feet of ATTEST:...............................Lot w COTTAGE HOME ADDITION Bev Pn Assistant Secretary. STATE OF IDAHO STATE OF IDAHO, COUNTY OF � COUNTY OF Ada } ss.. I Hereby Certify that this instru /a3'filed for record at '�v On this I 16Th day of September in the the request of 5T��1�,�T I year 19 88 , before ire, a Notary Public in and for said at mutes T T ar o'cloc State, personally appeared Bev Petersen // p k,031•, known to 'me to be the Ass;. secretary of the corpora- thi 67 day of \� , tion thavexecuted' the within instrument or the person who 19X , in my office, a d duly recorded in Book executed the instrument on;behAlf of said corporation, and of batisfactions at page _ acknowledged -to, that sgAh; corporation executed the ,7 ""� 6' same: � t a. J....V .e 'y4QA ... ..... IN �VrrNESs wIi=EOF, I have hereunto set my hand and /�� x--OO�ficio- Recorder. affixed my official seal the day and year in this certificate By ("/���-�!. G first above written.: ; -e., .. �kZ:...L/...7.... r.. : ......................... Deputy. Notary Public for the State of Idaho, Fees OCT Residing at Boise , Idaho. Mail to: RE -5 Comm. Expires: 77,t �-- 3 �awW, a � dP n r. Y� �w 9.. 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 materials. 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 Ta ,S4D- f USING THE PROPERTY- - LOCATED AT `�°�� C: ���j , , MERIDIAN, - FOR THE PURPOSE OF NAME ADDRESS PHONE DATE 'e ;x t j ( �� c�1 t. �s.� �• 5�C- / j -71 4?1 o xiP 4 k,.a 5 r7 /� ST_/�TC /,� �G ' T nJ A 7 XI `? ' ' / -7 �,. i`� %� "-.�` y 5..1 °"� `� `.^ 7 '.� �% ` rl a. • . m - •ate:-� 'e ;x t. k,.a DATE ` ' WE THE UNDERSIGNED DO NOT OBJECT TO SANDY BRADEN USING THE ' PROPERTY LOCATED AT 524 EAST STATE AVE, MERIDIAN, FOR THE ' ' PURPOSE OF A CHILD CARE FACILITY. | NAME ADDRESS PHONE DATE 4 ,jl' �• , t fir: J• � : a R J. � 70 ra' d t e n ` £ 1b nODIIA t71.3�'IOdB �y a' 3 4,. 3 4 i.. x, IIP � .7t 01 MERIDIAN CITY COUNCIL DECEMBER 19, 1989 The Regular Meeting of the Meridian City Council was called to order by Mayor Grant P. Kingsford at 7:30 P.M.: Members Present: Ron Tolsma, Bert Myers, Bob Giesler, Walt Morrow: Other Present: Gene Gilbert, Ward Sinsel, Terry P. Smith, William H. Olson, K. Beumeler, Dale Ownby, Terry Moore, Colleen Lemay, Gary Smith, Bill Gordon, Jim Johnson, Moe Alidjani, Max Yerrington, Wayne Crookston, Sandy Braden: The Motion was made by Tolsma and seconded by Myers to approve the minutes of the previous meeting held December 5, 1989 as written: Motion Carried: All Yea: The Motion was made by Myers and seconded by-Tolsma to approve the minutes of the Special Meeting held December 12, 1989 as written: Motion Carried: All Yea: ITEM #1: RECOMMENDATION FOR GRANT ADMINISTRATION BY SELECTION COMMITTEE: Terry Smith: I am here representing the selection committee that has previously made recommendations to the Council regarding the project engineer and having submitted the petitions, and at the December 12, 1989 meeting we determined that Lather than making a recommendation for the grant administrator that we needed some additional clarification. That clarification has been received and analized by the selection committee and the committee is ready to make that recommendation. It is very exciting to be watching the unity of this project. Idaho Department of Transportation has also committed for funds for the downtown project, also.the recent information that the Department of Commerce has selected the downtown project to be on the short list. The recommendation of the selection committee is that the City Council select as grant administrator Mr. Wayne S. Forrey, The City Leaders Institute, 3045 Thayen Place, Boise. The Motion was made by Morrow and seconded by Myers to appoint Mr. Wayne Forrey as the grant administrator. Motion Carried: All Yea: ITEM #2: PUBLIC DARING: REQUEST FOR CONDITIONAL USE PERMIT BY SANDY BRADEN: Kingsford: I will at this time open the Public Hearing on that issue. Being no response from the public the public hearing was closed. The Motion was made by Giesler and seconded by Myers to approve the Findings of Fact and Conclusions of Law for Sandy Braden. Roll Call Vote:. Morrow - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea; Motion Carried: All Yea: MERIDIAN CITY COUNCIL DECEMBER 19, 1989 PAGE $2 The Motion was made by Giesler and seconded by Tolsma to approve of the Conditional Use Permit for Sandy Braden. Motion Carried: All Yea: ITEM $3: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY TERRY MOORE. Kingsford: I will open the Public Hearing, being no response from the public the hearing was closed. Giesler: I had a question on the Findings, Item #11 there was some concern about fumes being spread over to the houses. Even if they have the painting inside, wouldn't there still be a possibility of the fumes getting out. Crookston: I haven't researched the distribution of air flow. That was the idea that whatever the distribution of fumes is required so that the structure would meet those regulations was the intent. Myers: Normally not much odor comes out. The Motion was made by Myers and seconded by Morrow to approve the Conditional Use Permit for Terry Moore. Myers with drew his motion and remotioned. The Motion was made by Myers and seconded by Tolsma to approve the Findings of Fact and Conclusions of Law for Terry Moore. Roll Call Vote: Morrow - Yea; Giesler - Yea; Tolsma - Yea; Myers - Yea: Motion Carried: All Yea: The Motion was made by Myers and seconded by Tolsma to approve the Conditional Use Permit for Terry Moore. Motion Carried: All Yea: ITEM #4: PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING W/CONDITIONAL USE PERMIT BY SCHULTZ & OLSON: Kingsford: At this time I will open the Public Hearing, being no response the Public Hearing was closed. Tolsma: I have a question on this letter we got from Central District Health, in the Findingsof Fact and Conclusions of Law.There was discussion on the chemical toilet. Dale Ownby: No Problem w/ACRD Request. All the abutting roads that did not have a major overpass or access to the freeway, should have had a culdesac. Property owner is very willing to go along with what the Highway District has here. Kingsford: I would certainly think that would be a requirement of the City to for emergency vehicles. Giesler: Were they going to gravel that lot or pave it. Ownby: At some point and time it would be paved but initially it will be gravel. E� SPECIAL MEETING OF THE MERIDIAN PLANNING & ZONING NOVEMBER 27, 1989 The Special Meeting of the Meridian Planning & Zoning Commission was called to order by Chairman Johnson at 7:30 P.M.: Members Present: Moe Alidjani, Jim Johnson, Jim Shearer, Tim Hepper: Members Absent: Charles Rountree: Others Present: Wayne Crookston, Terry Moore: ITEM #1: FINDINGS OF FACT & CONCLUSIONS ON CONDITIONAL USE PERMIT FOR SANDY BRADEN: Johnson: You all have read the Findings of Fact & Conclusions of Law do you have a recommendation. The Motion was made by Alidjani and seconded by Shearer that the Meridian Planning and Zoning Commission hereby adopts and approves the -Findings of Fact and Conclusions of.Law._for application.of Sandy Braden for the group shelter home at 524 E. State., Roll Call Vote: Hepper - Yea; Shearer - Yea; Alidjani - Yea;: Motion Carried: All Yea: The Motion was made by Hepper and seconded by Alidjani that 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 with the conditions set forth in the Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, the fire and life safety codes, and the Uniform Building Code, and other Ordinances of the City of Meridian. Motion Carried: All Yea: ITEM #2: FINDINGS OF FACT & CONCLUSIONS ON CONDITIONAL USE PERMIT FOR MOORE, WURST & CHETWOOD: The Motion was made by Alidjani and seconded by Shearer that the Meridian Planning & Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law for Moore, Wurst & Chetwood at 225 E. Fairview. Roll Call Vote: Hepper - Yea; Alidjani - Yea; Shearer - Yea;: The Motion was made by Alidjani 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 the Applicant for the property described in the application, subject to the conditions stated herein. Motion Carried: All Yea: ITEM #3: FINDINGS OF. FACT AND CONCLUSIONS ON ANNEXING & ZONING W/CONDITIONAL USE PERMIT FOR SHULTZ & OLSON: The Motion was made by Std and seconded by Hepper___ that the Meridian Planning & Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions 'F 2?. E� SPECIAL MEETING OF THE MERIDIAN PLANNING & ZONING NOVEMBER 27, 1989 The Special Meeting of the Meridian Planning & Zoning Commission was called to order by Chairman Johnson at 7:30 P.M.: Members Present: Moe Alidjani, Jim Johnson, Jim Shearer, Tim Hepper: Members Absent: Charles Rountree: Others Present: Wayne Crookston, Terry Moore: ITEM #1: FINDINGS OF FACT & CONCLUSIONS ON CONDITIONAL USE PERMIT FOR SANDY BRADEN: Johnson: You all have read the Findings of Fact & Conclusions of Law do you have a recommendation. The Motion was made by Alidjani and seconded by Shearer that the Meridian Planning and Zoning Commission hereby adopts and approves the -Findings of Fact and Conclusions of.Law._for application.of Sandy Braden for the group shelter home at 524 E. State., Roll Call Vote: Hepper - Yea; Shearer - Yea; Alidjani - Yea;: Motion Carried: All Yea: The Motion was made by Hepper and seconded by Alidjani that 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 with the conditions set forth in the Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, the fire and life safety codes, and the Uniform Building Code, and other Ordinances of the City of Meridian. Motion Carried: All Yea: ITEM #2: FINDINGS OF FACT & CONCLUSIONS ON CONDITIONAL USE PERMIT FOR MOORE, WURST & CHETWOOD: The Motion was made by Alidjani and seconded by Shearer that the Meridian Planning & Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law for Moore, Wurst & Chetwood at 225 E. Fairview. Roll Call Vote: Hepper - Yea; Alidjani - Yea; Shearer - Yea;: The Motion was made by Alidjani 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 the Applicant for the property described in the application, subject to the conditions stated herein. Motion Carried: All Yea: ITEM #3: FINDINGS OF. FACT AND CONCLUSIONS ON ANNEXING & ZONING W/CONDITIONAL USE PERMIT FOR SHULTZ & OLSON: The Motion was made by Std and seconded by Hepper___ that the Meridian Planning & Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions S i T h; ¢!f i r. { P UR� f. sr. I f} 41, 0 AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 868-4461 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION SANDY BRADEN CONDITIONAL USE PERMIT 524 EAST STATE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing November 14, 1989, 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 November 14, 1989, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the November 14, 1989, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of Meridian and is owned by Petitioner and is described in the , ... .ase..... n. ar ? :c.., ... .,.i.._ c' k 4f o� i 0 AMBROSE, FITZGERALD BCROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 868-4461 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION SANDY BRADEN CONDITIONAL USE PERMIT 524 EAST STATE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing November 14, 1989, 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 November 14, 1989, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the November 14, 1989, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of Meridian and is owned by Petitioner and is described in the , ... .ase..... n. ar ? :c.., ... .,.i.._ e AMBROSE, FITZGERALD & CROOKSTON Attomeys and Counselors P.O. Box 427 Martdlan, Idaho 83842 Telephone 88&4481 application which description is incorporated herein. 3. That the property is zoned R-8 Residential, which requires a conditional use permit for the operation of a group child care home, caring for less than 13 children, which is the use the application requests; that such use requires a conditional use permit in any zone where allowed. 4. That the R-8 District is described in the Zoning Ordinance, 11-2-408 B. 2 as follows: (R-8) MEDIUM DENSITY RESIDENTIAL DISTRICT: The purpose of the R- District is to permit the establishment of single and two (2) family dwellings at a density not exceeding eight (8) dwelling units pre acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two (2) family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. 5.` That the day car use proposed by Applicant is an allowed conditional use in the R-8 district if it does not violate subdivision covenants or deed restrictions, which according to the application submitted by the Applicant, it does not. 6. That the other property in the area is used residentially. 7. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. 8. That the subject property is presently used as a residence and and family home. 3x.S;.wzcn, �a 't7h Ili �I e AMBROSE, FITZGERALD & CROOKSTON Attomeys and Counselors P.O. Box 427 Martdlan, Idaho 83842 Telephone 88&4481 application which description is incorporated herein. 3. That the property is zoned R-8 Residential, which requires a conditional use permit for the operation of a group child care home, caring for less than 13 children, which is the use the application requests; that such use requires a conditional use permit in any zone where allowed. 4. That the R-8 District is described in the Zoning Ordinance, 11-2-408 B. 2 as follows: (R-8) MEDIUM DENSITY RESIDENTIAL DISTRICT: The purpose of the R- District is to permit the establishment of single and two (2) family dwellings at a density not exceeding eight (8) dwelling units pre acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two (2) family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. 5.` That the day car use proposed by Applicant is an allowed conditional use in the R-8 district if it does not violate subdivision covenants or deed restrictions, which according to the application submitted by the Applicant, it does not. 6. That the other property in the area is used residentially. 7. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. 8. That the subject property is presently used as a residence and and family home. s 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 concludes as follows: a. The use, would in fact, constituted a conditional use and a conditional use permit would be required by ordinance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to.allow the use. C. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 127 Morldlan, Idaho 83842 Telephone 8884481 f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required. n� t y .fr k " s 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 concludes as follows: a. The use, would in fact, constituted a conditional use and a conditional use permit would be required by ordinance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to.allow the use. C. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 127 Morldlan, Idaho 83842 Telephone 8884481 f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required. AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 hteridlan, Idaho 83842 Telephone 8884461 0 i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. It is further concluded that the comments, recommendations and requirments of -the City Engineer will have to met and complied with. APPROVAL OF FINDINGS OF FACT ANG CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Canclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) DECISION AND RECOMMENDA?ION VOTED , VOTEDA&ScN VOTED_ VOTED VOTED The Meridian Planning and Zoning Commission hereby recommends to the City Council of the Citj of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the property be required to meet the water and ':x AMBROM FITZGERALD BCROOKSTON Attomep and Couneelore P.O. Box 427 Meridien. Idaho e3s42 Telephone 6684461 sewer requirements, the fire and life safety codes, and the Uniform Building Code, and other Ordinances of the City of Meridian. MOTION: APPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 6 DISAPPROVED: f, r P { J A- AMBROM FITZGERALD BCROOKSTON Attomep and Couneelore P.O. Box 427 Meridien. Idaho e3s42 Telephone 6684461 sewer requirements, the fire and life safety codes, and the Uniform Building Code, and other Ordinances of the City of Meridian. MOTION: APPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 6 DISAPPROVED: } k 3 � hv.. 3 tai g$$Y-k43A`ik d!h �b �� Y*kn b i o 0 MERIDIAN PLANNING & ZONING NOV. 14, 1989 Regular Meeting of the Meridian Planning & Zoning Commission called to order by Chairman Jim Johnson at 7:30 p.m.: Members Present: Jim Shearer, Charlie Rountree, Tim Hepper: Members Absent: Moe Alidjani: Others Present: Jerry Teal, D. R. Lynn Stutzman, Vonda Yerby, Rene, Yerby, Phil Yerby, Pete Covino, Sandy Braden, Terry Moore, Larry Chetwood, Art Finnell, Dale Ownby, Richard Robertson, William H. Olson, Wayne Crookston: The Motion was made by Shearer and seconded by Rountree to approve the Minutes of the previous meeting held October 10, 1989 as written: Motion Carried: All Yea: ITEM #1: FINDINGS OF FACT :AND CONCLUSIONS OF LAW ON REQUEST FOR CONDITIONAL USE PERMIT BY PETER COVINO & AMYX FAMILY LTD: Chairman Johnson: Is there any questions or discussion. There was no response. The Motion was made by Rountree and seconded by Shearer to hereby adopt and approve of these Findings of Fact and Conclusions of Law as written: Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Motion Carried: All Yea: The Motion was made by Rountree and seconded by Shearer that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that the Council either table this matter or deny it until such time as a Certificate of Zoning Compliance can be issued for the premises and if such is obtained by the Applicants the Commission then could recommend approval of the Conditional Use Permit requested by the Applicant for the property described in the application, subject to the conditions stated herein. Motion Carried: All Yea: ITEM *2: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY SANDY BRADEN: Chairman Johnson: Is Sandy Braden present, please come forward and be sworn by the Attorney. 3 � 3 tai g$$Y-k43A`ik d!h �b �� Y*kn b i ke- 4 V "1'x. $ .'�Y b ly,� FCS v al 10 rata.F 0 0 MERIDIAN PLANNING & ZONING NOVEMBER 14, 1989 PAGE #t2 Sandy Braden, 524 E. State Ave., Meridian, was sworn by the Attorney. Chairman Johnson: Are there any Commission members with questions of Sandy. Hepper: Did you get the comments from the City Engineer and the Ada County Highway District? Do you have any problems with those? Braden: Are they saying that I have to put in a curb and a sidewalk? Johnson: What that is is a.standard response to a Conditional Use Permit Request. It's been the policy of the City in the past that we do not require those until which time the entire area is improved. - Braden: So are there any immediate changes I need to make to my property. Johnson: Not with respect to the County, no. Hepper: How many children are you going to be watching. Braden: Probably no more than 8 but I want to be licensed to have up to twelve. Hepper: Is there any problem with traffic congestion? Braden: Right now they arrive and are picked up at different times so there is no problem. Johnson: This property is located at 524 E. State not 534 as we've used several times. The area in the back appeared to me to be all fenced, is that right. Braden: Yes that is correct. Johnson: I will now open the Public Hearing on this request. 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 Hepper and seconded by Shearer to have the Attorney prepare the Findings of Fact and Conclusions of Law for a Conditional Use Permit for Sandy Braden. Motion Carried: All Yea: Rte° a L ,kms: �u 0 0 MERIDIAN PLANNING & ZONING NOVEMBER 14, 1989 PAGE #t2 Sandy Braden, 524 E. State Ave., Meridian, was sworn by the Attorney. Chairman Johnson: Are there any Commission members with questions of Sandy. Hepper: Did you get the comments from the City Engineer and the Ada County Highway District? Do you have any problems with those? Braden: Are they saying that I have to put in a curb and a sidewalk? Johnson: What that is is a.standard response to a Conditional Use Permit Request. It's been the policy of the City in the past that we do not require those until which time the entire area is improved. - Braden: So are there any immediate changes I need to make to my property. Johnson: Not with respect to the County, no. Hepper: How many children are you going to be watching. Braden: Probably no more than 8 but I want to be licensed to have up to twelve. Hepper: Is there any problem with traffic congestion? Braden: Right now they arrive and are picked up at different times so there is no problem. Johnson: This property is located at 524 E. State not 534 as we've used several times. The area in the back appeared to me to be all fenced, is that right. Braden: Yes that is correct. Johnson: I will now open the Public Hearing on this request. 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 Hepper and seconded by Shearer to have the Attorney prepare the Findings of Fact and Conclusions of Law for a Conditional Use Permit for Sandy Braden. Motion Carried: All Yea: "n . E, MERIDIAN PLANNING 8 ZONING NOVEMBER 14, 1989 PAGE #3 The Motion was made by Rountree and seconded by Shearer to include with the Findings and Facts a recommendation to the City Council for approval. Motion Carried: All Yea: ITEM #3: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY TERRY MOORE: Chairman Johnson: Is Mr. Moore present, please come forward and be sworn by the Attorney. Mr. Chairman, if it is permissible I am Mr. Moore's architect and he has asked me to represent him. Jerry Teal, 4090 West State, Boise, was sworn by the Attorney. Teal: I have with me a drawing to show. The structure. will be a 48x48 foot building constructed in the SE corner of the lot, we have a concrete block structure painted with similar graphics as to what is on the existing building now which they will be using as a office structure. We have no objections to the comments that were made except Item #1 on the comments which they would like to ask for some alleviation. The site is totally paved and grated at this time and to change it to meet those particular requirements would mean tearing up the pavement and creating considerable additional expense. Shearer: I don't have a problem with this project but in the past the vehicle repair shops and auto body shops and so on and we seem to end up with almost a wrecking yard in some of these and I would really like to have some assurance from your client that we are not going to have that kind of effect here. Teal: They have the shop space right now to keep the vehicles inside and if there should become a point in the future that there would be a need for additional storage, then it was there concern to construct a site obscuring enclosure for impound. Rountree: I just reinforce those same concerns as Mr. Shearer. Was it ever a service station before? Moore: There are no underground tanks and there is sufficient vegetation growing around the outside. Basically, the only way we make any money is working on fairly new cars and we are not interested in having any type of junky operation. i } g � J t�- d, a E, MERIDIAN PLANNING 8 ZONING NOVEMBER 14, 1989 PAGE #3 The Motion was made by Rountree and seconded by Shearer to include with the Findings and Facts a recommendation to the City Council for approval. Motion Carried: All Yea: ITEM #3: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY TERRY MOORE: Chairman Johnson: Is Mr. Moore present, please come forward and be sworn by the Attorney. Mr. Chairman, if it is permissible I am Mr. Moore's architect and he has asked me to represent him. Jerry Teal, 4090 West State, Boise, was sworn by the Attorney. Teal: I have with me a drawing to show. The structure. will be a 48x48 foot building constructed in the SE corner of the lot, we have a concrete block structure painted with similar graphics as to what is on the existing building now which they will be using as a office structure. We have no objections to the comments that were made except Item #1 on the comments which they would like to ask for some alleviation. The site is totally paved and grated at this time and to change it to meet those particular requirements would mean tearing up the pavement and creating considerable additional expense. Shearer: I don't have a problem with this project but in the past the vehicle repair shops and auto body shops and so on and we seem to end up with almost a wrecking yard in some of these and I would really like to have some assurance from your client that we are not going to have that kind of effect here. Teal: They have the shop space right now to keep the vehicles inside and if there should become a point in the future that there would be a need for additional storage, then it was there concern to construct a site obscuring enclosure for impound. Rountree: I just reinforce those same concerns as Mr. Shearer. Was it ever a service station before? Moore: There are no underground tanks and there is sufficient vegetation growing around the outside. Basically, the only way we make any money is working on fairly new cars and we are not interested in having any type of junky operation. i } November 9, 1989 Sandy Braden 534 East State Meridian, Idaho 83642 Dear Sandy, Attached are the comments received concerning your application for a Conditional Use Permit. Please review prior to Tuesday, November 14, 1989, at which time there will be a Public Hearing before the Meridian Planning & Zoning Commission. Sincerely, city Cler Ci y of eridian, ID. COUNCILMEN RONALD R. TOLSMA J. E. BERT MYERS ROBERT OIESLER WALT MORROW Chairman Zoning 6 Planning JIMJOHNSON Yi HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS JACK NICEGA S,Trea surer JANICE SASS, Treasurer CITY OF MERIDIAN BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chief MERIDIAN, IDAHO 83642 BILL GORDON, Police Chief Phone 888-4433 GARY SMITH, City Engineer GRANT P. KINGSFORD Mayor 6 November 9, 1989 Sandy Braden 534 East State Meridian, Idaho 83642 Dear Sandy, Attached are the comments received concerning your application for a Conditional Use Permit. Please review prior to Tuesday, November 14, 1989, at which time there will be a Public Hearing before the Meridian Planning & Zoning Commission. Sincerely, city Cler Ci y of eridian, ID. COUNCILMEN RONALD R. TOLSMA J. E. BERT MYERS ROBERT OIESLER WALT MORROW Chairman Zoning 6 Planning JIMJOHNSON Yi HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS JACK NICEGA S,Trea surer JANICE SASS, Treasurer CITY OF MERIDIAN BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chief MERIDIAN, IDAHO 83642 BILL GORDON, Police Chief Phone 888-4433 GARY SMITH, City Engineer GRANT P. KINGSFORD Mayor November 9, 1989 Sandy Braden 534 East State Meridian, Idaho 83642 Dear Sandy, Attached are the comments received concerning your application for a Conditional Use Permit. Please review prior to Tuesday, November 14, 1989, at which time there will be a Public Hearing before the Meridian Planning & Zoning Commission. Sincerely, city Cler Ci y of eridian, ID. COUNCILMEN RONALD R. TOLSMA J. E. BERT MYERS ROBERT OIESLER WALT MORROW Chairman Zoning 6 Planning JIMJOHNSON Yi 0 SANDY BRADEN 534 EAST STATE CONIDITIONAL USE PERMIT CO MMENTS 1: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED: 2: CENTRAL DISTRICT HEALTH: NO OBJECTIONS: 3: NAMPA MERIDIAN IRRIGATION: ALL LATERALS & VQASTEWAYS MUST BE PROTEC ED: , DRAINAGE MUST BE RETAINED ON SITE: 4: CITY ENGINEER: SEE ATTACHED COMMENTS: 5: POLICE DEPA r: NO PROBLEMS WITH THIS REQUEST: 7: PUBLIC HEARING HELD NOVEMBER 14, 1989 BEFORE THE PLANNING _& ZONING COYMSSION, PLANNING & ZONING RECOMMENDED THIS APPLICATION BE APPROVED: COPY OF THE -PLANNING & ZONING COMMISSIONS FINDINGS ATTACHED: ADA COUNTY HIGHWAY DISTRICT 310 EAST 37TH STREET BOISE, IDAHO 63714 Inter -Department Correspondence To: Ada County Highway District Commission Date: October 23, 1989 From: Development Services Subject: MERIDIAN CU - 534 E. STATE AVENUE DAY CARE (Sandy Braden, 524 E State Ave, Meridian ID 83642 - 887-1445) FACTS & FINDINGS: 1. Sandy Braden requests a conditional use permit to operate a day care center in an existing residence at 534 E. State Avenue in.Meridian. 2. E. State Avenue has 80 -feet of right-of-way (which is adequate), and is improved with 50 -feet of paving. SITE SPECIFIC REQUIREMENTS: 1. Provide curb, gutter, 4 -foot sidewalk, and match paving on E. State Avenue abutting parcel. Provide 1/2 of a 36 -foot back-to-back roadway section. STANDARD REQUIREMENTS: 1. Improvements to the dedicated right-of-way to be designed and construct- ed to ACHD standards and specifications. 2. All specifications,- land surveys, reports, plats, drawings, _plans, design information and calculations presented to Ada County Highway District are to be sealed, signed and dated by a Registered Profession- al Engineer or Professional Land Surveyor, in accordance with Idaho Code 54-1215. 3. Submit 3 -sets of street improvement plans for review and approval by the District. 4. Submit a site drainage plan showing that site drainage will not flow onto Ada County Highway District right-of-way, in accordance with Boise City Code 11-3-54 (A), where applicable, and ACHD policy. 5. Access to parcel to be reviewed and approved by the District. MERIDIAN/ZTR. V;11 1`1t Im s 5r p'h t ADA COUNTY HIGHWAY DISTRICT 310 EAST 37TH STREET BOISE, IDAHO 63714 Inter -Department Correspondence To: Ada County Highway District Commission Date: October 23, 1989 From: Development Services Subject: MERIDIAN CU - 534 E. STATE AVENUE DAY CARE (Sandy Braden, 524 E State Ave, Meridian ID 83642 - 887-1445) FACTS & FINDINGS: 1. Sandy Braden requests a conditional use permit to operate a day care center in an existing residence at 534 E. State Avenue in.Meridian. 2. E. State Avenue has 80 -feet of right-of-way (which is adequate), and is improved with 50 -feet of paving. SITE SPECIFIC REQUIREMENTS: 1. Provide curb, gutter, 4 -foot sidewalk, and match paving on E. State Avenue abutting parcel. Provide 1/2 of a 36 -foot back-to-back roadway section. STANDARD REQUIREMENTS: 1. Improvements to the dedicated right-of-way to be designed and construct- ed to ACHD standards and specifications. 2. All specifications,- land surveys, reports, plats, drawings, _plans, design information and calculations presented to Ada County Highway District are to be sealed, signed and dated by a Registered Profession- al Engineer or Professional Land Surveyor, in accordance with Idaho Code 54-1215. 3. Submit 3 -sets of street improvement plans for review and approval by the District. 4. Submit a site drainage plan showing that site drainage will not flow onto Ada County Highway District right-of-way, in accordance with Boise City Code 11-3-54 (A), where applicable, and ACHD policy. 5. Access to parcel to be reviewed and approved by the District. MERIDIAN/ZTR. V;11 1`1t Im Meridian CU 535 Otate Avenue Day Care O October 23, 1989 Page 2 6. Any work within ACHD right-of-way requires a permit. For information regarding the requirements to obtain a permit, please contact Quality Control at 345-7667. CU, DR, or PDC file number required. 7. A request for any modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commis- sion action. The request shall include a statement as to why a require- ment would result in substantial hardship or inequity. If you have any questions or comments, please contact the Development Services section at 345-7662. POLICY IMPLICATIONS: 1. Requirements are made to Meridian Planning & Zoning as condition for compliance. SIGNATURE OF STAFF SUBMITTING: John R. Stolley, P.E. MERIDIAN/ZTR. 3: wi§ Meridian CU 535 Otate Avenue Day Care O October 23, 1989 Page 2 6. Any work within ACHD right-of-way requires a permit. For information regarding the requirements to obtain a permit, please contact Quality Control at 345-7667. CU, DR, or PDC file number required. 7. A request for any modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commis- sion action. The request shall include a statement as to why a require- ment would result in substantial hardship or inequity. If you have any questions or comments, please contact the Development Services section at 345-7662. POLICY IMPLICATIONS: 1. Requirements are made to Meridian Planning & Zoning as condition for compliance. SIGNATURE OF STAFF SUBMITTING: John R. Stolley, P.E. MERIDIAN/ZTR. A CENTRAL DISTRICT HEALTH DEPARTM IP ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET Return to: Boise _ Rezone # c Eagle Conditional Use # &,PyA- %{aim- r/Meridian Preliminary/Final/Short Plat S`� �! S� Q 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 mist 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: _Central sewage _Interim sewage _Individual sewage _ Community sewage system and Central water Individual water _ Community water well. 8. _ Plans for _Central sewage Community sewage system _Sewage dry lines, and _Central water _Comm mity 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 seasonal ground water can be determined if other considerations indicate approval. 11. _ If restroom facilities are to be installed then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 12. _ We will require plans be submitted for a plan review for any (food establishment)(beverage establishment)(swimning pools or spas)(grocery store). 13. ZIP—` Reviewed by Date v f rE a _v "` ,E xx "-. 1 { CENTRAL DISTRICT HEALTH DEPARTM IP ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET Return to: Boise _ Rezone # c Eagle Conditional Use # &,PyA- %{aim- r/Meridian Preliminary/Final/Short Plat S`� �! S� Q 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 mist 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: _Central sewage _Interim sewage _Individual sewage _ Community sewage system and Central water Individual water _ Community water well. 8. _ Plans for _Central sewage Community sewage system _Sewage dry lines, and _Central water _Comm mity 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 seasonal ground water can be determined if other considerations indicate approval. 11. _ If restroom facilities are to be installed then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 12. _ We will require plans be submitted for a plan review for any (food establishment)(beverage establishment)(swimning pools or spas)(grocery store). 13. 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W 1 OD 01) m "d '.y rt m V I I I( I I I(( I I Le CQ P.6. o� - • b _ H - Gi Raj • it = N t `� �� CSG• Sze W w d F r - w o O r W 03 OD 01) m "d '.y rt 0 m r• m to ti n Fi PD O r• w ri r•� G w m a � F- r • �J rt w w o w rD o n H o n twn r• �C fD rt QQ m r• gal rwt $ H. - rt w = w o �' r • �C H w (D G r� = W .. �_ co rt O }� rt 0 a rrt N O rt fD d b rt fD ri O W O d fD I fDrt fDrt r'I rt cWo w Ul p a 00 M �O (y O m _ .. aX; � t W `� �� CSG• Sze W W 00 W O r W OD 160 1 I I I I I I 1 I I I I I I I I I I I I I I I I I I ••yi b v °l —En •• 9 ii y r>. u W H H .M 00 to I to0 co H M .ti r c z,- I I I I I I 1 I I I I I I I I I I I I I I I I I I ••yi b v °l —En •• 9 ii y r>. u W H H .M 00 to I to0 co H M .ti _ w w o yy � O J r y H ca b� « x s �z x i � d ,o;' U a# ? a f � s 15 s 'RC1 fix '.ice% fi- t Yi 3 l0 co w AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridien, Idaho 83842 Telephone 8884481 is 0 NOTICE OF 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 and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m. on November 14, 1989, for the purpose of reviewing and considering the Application of Sandy Braden for a conditional use permit for the operation of a Group Child Care Home, at 534 East State Street, Meridian, Idaho; 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 October, 1989. t� _ � D Y `y } k tk > ;4 a # � lip h. AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridien, Idaho 83842 Telephone 8884481 is 0 NOTICE OF 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 and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m. on November 14, 1989, for the purpose of reviewing and considering the Application of Sandy Braden for a conditional use permit for the operation of a Group Child Care Home, at 534 East State Street, Meridian, Idaho; 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 October, 1989. t� _ E { Addres �) -..f y��pt SOLD BY r i� �t41�,ti I }'p I I I I 0 CITY OF MERIDIAN "Hub of Treasure Valley" 33 E Idaho Meridian, Idaho 83642 888.4433 uubtomer s rr�� Order No 4 1 Date lJ'Z i9 Name Addres �) -..f Phone: SOLD BY r CASH I C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT _ D r r 1111100000"* I I I I I I I I • 1 I I I I I I I I All claims and returned go4dp MUST be accompanied by this bill. TAX 003620 AV e TOTAL / I( AMBROSE, FITZGERALD & CROOKSTON Attorneys and Couneelora P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 NOTICE OF 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, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m. on December 19, 1989, for the purpose of reviewing and considering the Application of Sandy Braden for a conditional use permit for the operation of a Group Child Care Home, at 524 East State Street, Meridian, Idaho; 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 �7�0 day of November, 1989. NOTICE OF PUBLIC HEARING PAGE - 1 t 4 ... 4 Al, A u AMBROSE, FITZGERALD & CROOKSTON Attorneys and Couneelora P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 NOTICE OF 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, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m. on December 19, 1989, for the purpose of reviewing and considering the Application of Sandy Braden for a conditional use permit for the operation of a Group Child Care Home, at 524 East State Street, Meridian, Idaho; 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 �7�0 day of November, 1989. NOTICE OF PUBLIC HEARING PAGE - 1 t 4 4 Al, x a 20.' j'1`,.t 2 A r { LS L� iTY i 3 `j AMBROSE, FITZGERALD & CROOKSTON Attorneys and Couneelora P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 NOTICE OF 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, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m. on December 19, 1989, for the purpose of reviewing and considering the Application of Sandy Braden for a conditional use permit for the operation of a Group Child Care Home, at 524 East State Street, Meridian, Idaho; 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 �7�0 day of November, 1989. NOTICE OF PUBLIC HEARING PAGE - 1 t 4 4 x 20.' r -9 ti 3 `j "J AMBROSE, FITZGERALD & CROOKSTON Attorneys and Couneelora P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 NOTICE OF 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, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m. on December 19, 1989, for the purpose of reviewing and considering the Application of Sandy Braden for a conditional use permit for the operation of a Group Child Care Home, at 524 East State Street, Meridian, Idaho; 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 �7�0 day of November, 1989. NOTICE OF PUBLIC HEARING PAGE - 1 ' LIST OF PROPERTY OW .~� Lora Petty c/o Robert Hendry ~" 435 E. State Ave. 532 E. State Ave. Meridian, Idaho 83642 Meridian, Idaho 83642 George & Margaret Gtrellner, 527 E. State Ave. Meridian, Idaho 83642 Dorothy Rice 512 E. State Ave. Meridian, Idaho 83642* Jon Hvezda 635 E. State Ave. Meridian, Idaho 83642 John R. & Blanche Tromburg & Donald O. Drenzell 3040 D4ane (502 E. State Ave.) John L. & Esther J. Ring 1042 Cathy Lane Meridian, Idaho 83642 Ron & Charlotte Dickman����' 1116 E. 5th Meridian; Idaho 83642 H.L. & Mary Rich 512 E. Carlton Meridian, Idaho 83642 Bill & Oma Gardner 1029 E. 5th Meridian, Idaho 83642 (438 E. S+ate Ave.) (904 E. 5th Ave.) (906 E. 5th Ave.) (908 E. 5th Ave.) - Don Dusenb erry r~ 513 E. Carlton Ave. Meridian, Idaho Sally Overton *' 532 E. State Ave. Meridiah, Idaho 83642 Alvin & Patsy Garrett 934 E. 5th Meridian, Idaho 83642 Terry & pat Trakel 926 E. 5th Meridian, Idaho 83642 \ Dianna Stewart 1062 Cathy Ln. Meridian, Idaho 83642 Judith Collins 1030 E. 5th Meridian, Idaho 83642 Marjorie Jacobson 535 E. State Ave. Meridian, Idaho 83642 D'Arlene Stutzman � 1124 Cathy Ln. , Meridian, Idaho 83642 F_ m l P'ROP'ERTY LINE X X P breaker box, X X R-----------------X X 0 - - BACK X P - - YARD X E--------------- X R - - X T FRONT - HOUSE - X Y YARD - - X X L - - X I ------------------------ XXXXX------------ XX N -(garbage) water - - E line - GARAGE - DRIVEWAY - - PROPERTY LINE X = FENCE 524 E. SrAi6 AVE;, �r J x x 4` aa l P'ROP'ERTY LINE X X P breaker box, X X R-----------------X X 0 - - BACK X P - - YARD X E--------------- X R - - X T FRONT - HOUSE - X Y YARD - - X X L - - X I ------------------------ XXXXX------------ XX N -(garbage) water - - E line - GARAGE - DRIVEWAY - - PROPERTY LINE X = FENCE 524 E. SrAi6 AVE;, ....4. . •....... 'T 00 -.- -- - - I OREGON SHOR e NOTICE OF 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 and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m. on November 14, 1989, for the purpose of reviewing and considering the Application of Sandy Braden for a conditional use permit for the operation of a Group Child Care Home, at 534 East State Street, Meridian, Idaho; 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,�O 4� day of October, 1989. f AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Boz 427 Meridian, Idaho 83842 Telephone 8884481 .i1 s e NOTICE OF 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 and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m. on November 14, 1989, for the purpose of reviewing and considering the Application of Sandy Braden for a conditional use permit for the operation of a Group Child Care Home, at 534 East State Street, Meridian, Idaho; 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,�O 4� day of October, 1989. f AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Boz 427 Meridian, Idaho 83842 Telephone 8884481 MERIDIAN CITY COUNCIL JANUARY 7, 1992 PAGE 2 ITEM #3: ORDINANCE #566: MERIDIAN ST.: 0 ORDINANCE REZONING PROPERTY AT 1233 N. Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS LOT 4, BLOCK 2, NIDDAYS 2ND ADDITION, MERIDIAN, ADA COUNTY, STATE OF IDAHO: AND PROVIDING AN EFFECTIVE DATE. Is there anyone present who wishes Ordinance #566 read in its entirety? No response. The Motion was made by Giesler and seconded by Myers that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #566 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Tolsma - Yea; Myers - Yea; Motion Carried: All Yea: ITEM #4: REQUEST BY DUNCAN GRANDIN TO PLACE MANUFACTURED HOME AT 318 EAST PINE, TABLED AT DECEMBER 17, 1991 MEETING: Kingsford: I received a letter dated December 31st from Department of Labor and Industrial Services, it shows what they use and so forth to give to our Building Department. The Motion was made by Myers and seconded by Yerrington to approve of this request. Motion Carried: All Yea: ITEM #5: APPROVE THE BILLS: The Motion was made by Myers and seconded by Tolsma to approve the bills. Motion Carried: All Yea: NEW BUSINESS: Kingsford: Presented Councilman Myers with a plaque from the City of Meridian for his service. ITEM #1: SWEAR IN NEWLY ELECTED OFFICIALS: Clerk Niemann: Read oath to newly Elected Officials. (Mayor Kingsford, Max Yerrington, Bob Corrie) -DEC 26 '91 15:58 702-737-0299—ABELL'8—#2 i /r At, MOMENT TO THE P.2 Ordinance MUmber CIA ADA ADA COUNTY ZONING ORDINANCE BE IT MAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF ADA COUNTY, '('I'V� r IDAHO, that the Ada County Zoning Ordinance be amended •as follows: �yr'�n �I To add Chapter 35 Manufactured Housing, to amand Chapter 2.0 refinitio ns- to add a now definition for Manufactured !lousing, and to eliminate the i individual section numbers for each definition and to alphabetize the definitions. CHAPTER 3s mmur-ACTURCD HOUSING - The •purpose of this chapter is to es a sus ar ar s an regu a ions governing the location and approval of Manufactured Housing in Ada County. It is the intent of these regulations to allow a mix of "housing types" and "living styles". However, this should,,occur in a manner which will not adversely affect existing neighborhoods. For this reason, standards have been set that will regulate the appearance of the Manufactured home, allowing only those that are acceptably similar In . appearance to site -built dwellings on individual lots in all residential zoning districts. 35.1'h!anufactured Homes shall tieoc nsiC616d single-family dvellinos wi his_ th G 1'0 07- 1; P -tiff, R -514,R-1_, •R-2, R -3_L R-4_ a i -d_ r-5zonin: -- - - dist i_cts- o phi s o clinanz�, Provided suc i struct�w -nidvt the, development standar= = #e�^�#a f�ufd— Home s Ari-=tMA v i-d��_ __lo ts--� Sec t 16- 35:-2 ) 36.2 Development Standards for a Manufactured (Some on an Individual Lot are as follows: 35.21 Shall be multi -sectional and she'll be at least ZO feet wide, with a minimum floor area of 400 square feet/section. 35.22 Shall have a non-metalic, wood shake or asphalt shingle roof with a minimum slope of 16- (2:12) and a minimum 6" eave, or gutter and save attached to the entire perimeter of the roof. 35.23 Shall have horizontal aluminum, simulated wood or "rood siding. 35.24 Shall have a foundation facia that is similar in appearance and durability to rasonary foundation of site -built 6.ellings, as anproved by the Zoning Administrator, which surrounds the entire perimeter of the structure and completely encloses the si?cce letv;een the siding and the finished grade. 35.25 Shall be Permanently affixed, with the running gear and tovring hitch removed and set upon a foundation bate having an anchoring system that is totally concealed under the structure. 35.26 Shall obtain a Building Permit from the Ada County Building Division to insure that the Manufactured florae is ass0nbled on-site, to standards regulating the anchoring of tho structure to its foundation and other building requirements. 4.. DEC 2E '91 15:59 r L 2-7'S 7-0 299-APELL' S-#2 P.3 Ordinance Page TWO 35.27 Shall comply with all other applicable requirements or the zonirg district in which the Manufactured Home is located (such as lot size and setback requirements). 35.28 Shall comply to Section 18.07062 of this Ordinance, relating to the location of Mobile Homes in floodplain areas and any other applicable require- ment of this Or3ii=oe. 35.3 Development Standards for an Accessory Structure to a manufactured Home on an Individual Lot are as follows: 35.31. Attached accessory structure, as permitted in the zoning district for which the Manufactured Home is to be located, shah, he s1intiar in material v'd integrated into the design of the structure. Accessary structures must meet Uniform Building Code Standards or, HUD Standards. 35.4 Administration arra Enforcement - Applications for approval of Manufactured Housing on Individual Lots shall be submitted to the Zoning Administrator on a standard. prescribed farm. In addition to such information as is generally required for zoning permits and is necessary for administrative purposes, such applications shall also include aLl information necessary to determine the Manufactured Horne's conformity with Section 35.2 Development Standards for a Manufactured Home on an Individual Lot, Including: exterior riLmensions, roofirZ pitch, roofing material, size of overhangs, exterior siding, foundation facia arra any other applicable information. Applicant shall sign the application and provide any additional information necessary to verify such structure does meet the standards of .Section 35.20 prior to moving the struoture ' to the buildiiv, site. The Ada County Building Division, following issuance of a building permit and upon inspection of the site for the attachment of the structure to a foundation base, shall verify in writing that all standards of Section 35.21 - 35.26 have been met, as certified in the signed application form. CHAEM 2.0 DWINIT NS MANUPACTURUD•RNE 4_ to a built.since June 15 1976, that bears t -,S - - Indicatirg it has ri �e oEi bileFoome on—Eruction and �Sarety—Std -th-a'Unite-d UnStates— De artment of Hous aril Urban Develo gent � Standards)_and is used as a taermanen dwei iand meets. the criteria n eetian�f this Is '•: DEC 26 '91 1S 59 702-79 -0299-AHELL'S-#2 +"rii :. sr.;., Via:°.+�°.'.`i:,�' '"�'•:;.'; .. '�,t:,`'•:;?:ter ;�;?�yx j.•i•,'•: .'::t,.;'a,''!., :'. :.�`.. • ORDINANCE NO. ea r; BY THE COUNCId,t ANDERSON, 1111RRSMEYETi, L-1-WIN0, KOPPE, MCADAMR 6 821-1NaER AN ORDINANCE AMENDING WISE CITY V0112 SEUr•10N 11-1-3 TA PROVIDE DEFINITIONS OF "MOBILE HOME--CLASS A" AND "MOBILE HOME—CLASS R"s AMLND1Nd SECTION 11-2-4.2, WISE CITY CODE, TO PROVIDE FOR CLASS A MWILR HOMES IN 9-1 OISTRICTSi AMENDING, SECTION BOISE CITY COOED TO PROVIDE FOR CLASS A AND B MOBILE HOMES IN M0141LE HOME PARKS AND SUBDIVISIONS IN R-2 DISTRICTS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED 13Y THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHOt Saction 1. That the definition of.'"Home, Mobile" contained in Section 11-1-3, Boise City Cade, ba, and the same is heroby, amended to read as follows . nH9H8T-M68i6St--A-dei�aeltiel4-e�R�j�'e-+�e�1�t��Y-dwals�ang ' an#b-wfblt-e##-bhe-i:viieMflMh-ehetra�eer#et#ae+ ' �R}--BeS#fined-far-#ens-berm�eeaapenrY-and eentefr►#hg-eieeping-seeemaAeb#ene;-a-##nah-te##ets a-tab-er-e,hexar-babti-and-h*tehen-fac**kties-wifth • p#a�nb�kn4r-And-ekeraCr#eat-eenneeb>�ene-fear-ebLnehmanls • be-e+tsteide-tsYet:cme,r ' {g}--gee#gneel-te-ba-braneperted-a#!er-febriaab�en • en-tbtd-awn-xkeese�ex-en•i3et-beer-er-ebher-btra>i•}ars ' er-elabaehebte-xheeeas iE#�"Aerdry#ng-at-bhe-ssEbe-where-#t:-#e-berbp aeeapicd-es-e-dxei�r�ng-ean+pa�eaer-{,na ladranq-ma Ter app�isetreee•end-Eern�kbare=-and-ready-far-bfGCttpanep exeepb-ager-In#her-and-�hditdaabal>••nnpaekin -bad aeeatRbt-eperet4ens9-#eeab#en-ef-ieundatken-stsgperteT Bonnet:b�ert-te-iec#�ftfee•end�the^#zke;-tBee-e#be ' sTt»ere#-'fr+a43era�deE#n#efen} 'MOBILE HOME Class At Manlatactured building with 811 the ro4iowing onar4ateristicat a�... ,Mfos-ErodOced in a factory, b) Desri nad and constructed ft ortation to a si.t% or ns a 8t O,n Arlij Mpg gpn snnnee ed to required ut1li tiioes c) • Built on as Ch�. aL ie nvi fox long-term rapidential use by A. famil tn�i� IaSt��t,,+b��t. i, 2i r1 a neJ� n9 ac �itics. f) Is constructed after June 15. 1976. and is cartified enc e- �i of -ror try. a., • . ,, �,' , '{La•,� .. , r.'� ,:. ' :;�t�,I lr •y, ; rds asoholt ahinale roof 0-59-91 P.4 DEC 26 '91 16:00 702-737-0299-ABELL'S-#2 F.5 f m t rim LL_ Has harimontal metal lap siding, simulated wood siding, car. woad Martina. MOBILE lipM : - Ci.as Ls M nufactprud._buildinel wit,►_ the O owl—n9, charapteri8: _ ,cs s �►� MaMs Oroduced in S factory. RMILL an a chassis. des Section 2. That Section 11-2-4.2, boise City Code, be, and the same is hereby, amended to read as followel Uses Allowed& a) ©ne detached Single-family dwelling per lot; b) Accessary uses relating to single-family dwelling including guesthouses C) ,tome Occupation; d) Twu-family dwellings, medical, protassional and executive of"ices on a lot or parcel where the side of such lot or Parcel &buts a commercial or industrial gone, e) Temporary'building or trailer for construction purposes for a por,iOd not tc exceed the duration of such construtction, f) 1'wo-family dwcllinys (within R -IC District only), subect to the following findings and procedures by -the Administrator, I. rindingas . a• Thzt the site is Of sufficient sire to meet ' all ordisianea requirements for bulk, yard setbacks, open Mparen and parking limitations appliripible 1-n Lhir, District. b. That tho use will not placo an undue burden on oxististy transportation and service facilities in the vicinity. MM Y o) .� 'DEC 26 '91 16:01 702-737-0299-AHELL'S-#2 P.6 c. That the character of the neighborhood w;1l not be $ubatant,ially changod by the development of t!:o proposed use. d. That the design of Lila duplex is compatible with the existing single-family neighborhood by taxing r into ac.ount height, bulk, site location and facade. e. That rezoning the area is not justifiable or preferable in view of site location and size and existing zoning and Comprehensive Plan designations. fr That the site is on a major or minor arterial or a dealgqnatod Collector street, or that the proposes use can titutes infill. z. . rrocedurest The app:icant will submit an application using forms and paying fees as required for a conditional use permit. -- The Administrator will review and made a determination of approval or denial within fifteen (15) days of receipt of application and will submit his/her findings, with required conditions, in writing to the applicant. A radius notion will be sent infor>rinq owners within throe hundred feet (300') of the property of the decision of the Administrator. An appeal of the Administrator's decision may be madQ ' to the City Council within ten (10) days of the date of the radius notice. Admihiatrltr+r'R d"'VisiOn will tint take of•foct: until agt4r thQ Woal tiina has bi.+an L"hausted. q) Two-family dwellings in A proposed R -IC subdivision on lots designed by the developer and approved by the council rf on raeommendatioh byy the Commission, and recorded on the P at' A"bilut to findinfls in a, b, o, and a above (Section 11-2-4.2 (P) (1) and to the following additional findings arta procodkires t I. Fin9ingss As That the selected lots are on a major or minor arterial or designated oolleCtor street, or that a pot©ntiai infill problem may be avoided by the allowance Of two-family dwellings. b. 'In no case may the total density of the subdivision axavad one unit per d,000 square Cc -at of grosp Area. 2. procedurea m The applicant will, upon submittal of a preliminary plat, nota proposed two-family lots. b. A radius notice will be sent to residents within 000 three hundred foot 3001) notifying them of the data of-Ke—aring by the Plana ng and Zoning Commission. h) Mentally and physically handicapped resident homes provided that= 1. The number of resident patients does not exceed eight (9)r -3- V ;DEC 26 '91 16:01 702-737-299-ABELL'S-#2 P.7 2. No more than two (2) resident staff shall reside in the home at any -one timor and 3, A:1 license and standard of operation acquirements 0: the State of Idaho have been complied with. K Class I. mobile_ homer Provided. that nothing Contained Section 3. That Section 11-2-5.3, Boise City Code, be, and the same is hereby, amended to read as foilowsr Conditional Uses Permitted: The following uses shall be permitted only when authorised by a Conditional Use Permit obtained as provided in Section i1-1-91 a) Those uses permitted in any R-1 District with a Conditional Use Permit and as regulated therein: b) Boarding and rooming house: e) Convalescent home, nursing homai d) Home for ambulatory aged, rest home, elderly housing: e) Mobile home park and Subdivision as a Planned Unit Development, allowing for placement of Class A and Class B mobile homasru f) Multiple family dwelling limited to not more than six (6) unitsr. 9) Mortuary: h) off street parking lot for a permitted or conditional use. L) Hospitair j) Sorority House or Fraternity House within one thousand feet (1,000') of property under the ownership and used by an Institution -of Higher Learning, a College or a University. Section 4. This Ordinance shall be in full force and effect :ram and after its passage, approval and publication. PASSED by the Council of the City of Boise City, Idaho, this 7_ day of :ember 1981. APPROVED by the Mayor of the City of Boise City, Idaho, this �? _ day of boater, , 1981. APPROVHD: � ATTEST: a ..ccs ACtiA9 City Cie: -4� L DEC 26 '91 16:02 702-737-0299-APELL'S-#2 MISC honing Primer With the issue of zoning coming to the forefront in South Carolina, NSC has begun a program to better educate members about the dangers, as well as the possibilities, of manufactured home zoning. As part of this program, MISC Legal Counsel Jay Sender and Executive Director Steve Rogers have prepared a synopsis of zoning cases favorable to manufactured housing. These cases contain basic principles that should be helpful to all those charged with defending manufactured housing from harmful zoning regulations. The three cases contain very solid arguments for allowing manufactured homes by right as a housing alternative. This Information should provide good support material for those who present our case before planning staffs or city councils. Obviously, some cities are more concerned than others when it cornea to litigation, but the more knowledgeable you appear, the more effective your argument will be. Calvin C. and Sonla Geiger v. f Zoning Hearing Board of North- idtehall, PA ne--$uprme-co�rf cif PenneyWam4 `October 1983 Mr. and Mrs. Geiger wanted to place a menu- ;factured home on their property. They owned a 40 - acre tract zoned agriculture/residential within the North Whitehall township. The zoning ordinance only Vowed placement of a mobile home undei "special exemption." A "special exemption" allowed a detached dwelling to be used by relatives of the family who are dependent on their family by virtue of a physical and/or mental disability and who were not solely economically dependent. ... The -Geigers.ipplled fer•the""special exemption." The exemption was denied by the Boning Board although all of the technical requirements of the ordinance could be met (lot size, set back, regr yard, etc.), Mr. Geiger stated at the time that he planned to remove the hitch, wheels and axles, landscape, underpin and place on a permanent foundation. The ' Geigers appealed to the' Court of Common Pleas. Remits The Court found that the Geigers did not meet the requirements for the "special exemption." However, the Court did find merit in the consti- tutional challenge, holding that the Township could ,not •deny,placement of mobile homes on individual lots, a legitimate use, without demonstrating that they are harmful to the health, safety and welfare of the community. The ordinance was held unconstitutional. The case was appealed to the Supreme Court P.8 of Pennsylvania. On review the Supreme Court agreed with the lower Court's decision expanding on the issue. The Supreme Court went on to determine whether the Township unconstitutionally discriminates against certain types of housing based on arbitrary and capricious distinctions in the ordinance. The Court found that the distinction drawn between single-family detached, mobile homes and sectional. housing did not justify the exclusion. 'ihe Court also held that it was arbitrary to apply the term "mobile" or "trailer" to a structure which once improved, will not be a mobile home as defined by the Zoning ordinance. In the words of the Supreme Court, "Obviously, this was not a home that could leave by turning the ignition." Scurlock v. City of Lynn Haven, FL gnited--States `Court --of i�ppeali 'Eletienth_ cult � October 1988 Background Mr. Robert Scurlock and his wife wanted to place a manufactured home on a residentially zoned piece of property owned bo his father. The City's Municipal Curie restricted homes not meeting the Southern Standard Building Code. Lynn Haven did, however, allow placement of manufactureNmobile homes in un -zoned areas of the city and trailer parks. The City Commission rejected the Scurlock's petition for a variance. The Scurlocks brought the suit to Federal Court claiming that the City's Municipal Code violated their right to due process and equal protection under the fourteenth amendment, DEC 26 '91 16:03 702-737-0299-ABELL'S-#2 P.9 Result The U.S. 11th Circuit Court of Appeals has not attempted to explain why a mobile home is accepted as safely constructed when it Is located in a designated mobile home park or an un-zoneld area of the City, while maintaining that it is not safely constructed If It is located within a residentially zoned area." The court then added: "The City cannot attempt land use and planning through the guise of a safety provision in an ordinance when that safety requirement is preempted by Federal Law." In its decision the court clearly recognized the preemptive nature of the HUD 'code. Although a V:11 . number of differences in HUD code and SSBC were noted throughout the trial the Court held that for the most part the building standards are equivalent. Cannon v. Cowete County, GA _T T%- +upreme i o� at�e6rgla 5 M -a fcrf Tom__ Background kn-December-1986- Cowe - County adopted a zniracor_d"rrance tasletr�ianufadtured homes as, ',:.•<.• `a--permitted-use in all residential zones, restric n, their placement to parks. only. T -G- Cannon, adealer/developer, purchased a one -acre tract of land in a residential zone and •applied fora permit to place a manufactured home. His permit was denied. Mr. Cannon then filed suit charging that the amendment prohibiting manufactured housing violated due process and equal protection. Result The arguments presented in this case are interesting. The county agreed that manufactured homes had an adverse impact on its tax base and that manufactured homes devalued nearby site -built homes. Cannon argued that many residents of Coweta County could not afford site -built housing but could afford to place a manufactured home on an individual lot. He presented evidence showing manufactured housing as safe and attractive as site- built housing and -did not 'devalue neighboring' property and if valued properly would not constitute a drain on the County's tax ba4e:._4:' � 6 • In its decision the Supreme..Court found that the County's tax -base argument had no merit. In its opinion the County had presented only generalized statements of concern that manufactured housing would impact on its ability to provide services. On the property value issue the Court agreed with a lower Court decision that manufactured homes could adversely affect the value of nearby site -built homes. However, it noted improvements in the modern manufactured home and with site improvements reduced the riegative impact. The Georgia Supreme Court observed that the housing needs of the population outweighed preservation of property values as the justification for prohibiting manufactured homes In all residential areas. The Courts did go on to say that a municipality was not required to permit all manufactured homes regardless of size, appearance, etc., but that a per se restriction is invalid. .�,.._ •.•;�,, ..�•::•,��_•^'.r:� y� ,eta,.'::' •�:'• . .�{fr I7?'4•?r't.•,c�• .. ._ .'.1 ;°-}'»t. �;1' 9 . {{r 41,• y.q,✓••'i'i .. - ,lttn°Y J°';���!�7':?1t,9�_..oiJ_�• C n�: {?UyR�'. '!i!'g`E•..i�.,:&A•;.:{�i?R O,iw°I.\'a�`.i�: Z 61i! a ry4� .i .:Jf P'�.'i iii • 4,�.. .: �{7?� : °' 00pP N. 8-5-8 0 0 8-5-9 133) M zone. In particular, extensive off-street parking areas, service areas for loading and unloading other than passenger vehicles, and for storage and collection of trash and garbage shall be screened. 4. An outdoor living area shall be provided for each mobile home. Such outdoor living area shall be at least ten percent (10%) of the individual lot but in no case shall such area be less than three hundred (300) square feet nor required to be more than five hundred (500) square feet. The minimum dimension of such area shall not be less than fifteen feet (15'). 8-5-9: MANUFACTURED ROUSING: The Intent of this Section is to establish standards and regulations governing the location and approval of manufactured housing in Ada County and that these regulations allow a mix of "housing types" and "living styles"; however, this should occur in a manner which will not adversely affect existing neighborhoods. For this reason, standards have been set that will regulate the appearance of the manufactured home, allowing only those that are acceptably similar In appearance to site -built dwellings on individual lots in all residential zoning districts. (Ord. 33-68-83, 7-6-83) A. Manufactured homes shall be considered single-famil d Ili s within the R8, R11, R14 and R20 zoning districts of this Title, provided such structures meet the development standards for manufactured homes on individual lots (subsection B hereof). (Ord. 33-68-83, 7-6-83; amd. Ord. 33-69-84, 7-11-84; amd. Ord. 212, 12-4-89) so B. Development standards for a manufactured home on an individual lot area are as follows: 1. Shall consist of more than one section, shall be at least twenty feet (20') wide, and shall have a minimum floor area of four hundred (400) square feet/section. 2. Shall have a nonmetallic, wood shake or asphalt-Ahingle roof with a minimum slope of 16% (2:12) and a minimum six inch (6") eave, or gutter and eave attached to the entire perimeter of the roof. 3. Shall have horizontal aluminum simulated wood or wood siding. 4. Shall have a foundation facia that is similar in appearance to masonry foundation 'of site -built awelllngs, as approved by the Administrator, which surrounds the entire perimeter of the structure and completely encloses the space between the siding and the finished grade. 05. Shall be permanently affixed, with the running gear and�tow'_na httoh removed, to a foundation base having an anchoring system that is totally concealed under the structure. 6. Shall obtain a building permit from the Ada County Building Division to Insure that the manufactured home is assembled on-site to standards regulating the anchoring of the structure to its foundation and other building requirements. 590 B) 7. Shall comply with all other applicable requirements of the zoning district In which the manufactured home Is located (such as lot size and setback requirements). 8. Shall comply with Section 8 -8B -7C6 of this Title relating to the location of mobile homes in floodplain areas and any other applicable requirement of this Title. C. Development standards for an accessory structure to a manufactured home 41 on an individual lot are as follows: Attached accessory structure, as permitted In the zoning district for which the manufactured home is to be located, shall be similar In material and Integrated into the design of the manufactured home. Accessory structures must meet Uniform Building Code Standards. D. Administration and Enforcement: Applications for approval of manufactured housing on individual lots shall be submitted to the Administrator on a standard prescribed form. In addition to such information as is generally required for zoning permits, such applications shall also Include all Information necessary to determine the manufactured home's conformity with subsection B hereof, development standards for a manufactured home on an individual lot. Applicant shall sign the application and provide any additional Information necessary to verify such structure does meet the standards of subsection B hereof, prior to moving the structure to the building site. The Ada County Building Division, following Issuance of a building permit and upon inspection of the site for the attachment of the structure to a foundation base, shall verify to the Administrator In writing that all standards of subsection B hereof, paragraphs 1 - 6 have been met, as certified in the signed application form. (Ord. 33-68-83, 7-6-83) FJ 690 8-2-1 • � 8-2-1 Lot (cont.) Lot, Reversed Corner A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not. Lot, Through A lot other than a corner lot having frontage on two (2) parallel or approximately parallel streets. On a through lot both street lines shall be deemed front lot lines. Lot, Width The mean width of the lot measured at right angles to Its depth, provided however, that the minimum lot width required In each district shall be measured at a distance from the front line equal to the required least dopth of the front yard. (Ord. 33, 5-20-68) MANUFACTURED BUILDING A structure built since June 15, 1976, that bears the Seal of HUD, Indicating it has met the Mobile Home Construction and Safety Standards of the United Stated Department of Housing and Urban Development (HUD Standards). MANUFACTURED HOME A manufactured building (see definition) which is used as a permanent dwelling and meets the criteria estab- lished in Section 8-5-9 of this Title for manufactured housing. MOBILE HOME A manufactured building (see definition) which is used as a permanent dwelling and does not meet the criteria established in Section 8-5-9 of this Title for manufac- tured housing, or any other similar structure built on a chassis, which is used as a permanent dwelling but which Is not a manufactured building and is not a travel trailer. (Ord. 33-69-84, 7-11-84) MOTEL A building, or group of buildings on the same premises whether detached or In connected rows, containing sleeping or dwelling units independently accessible from the outside, with garage space or parking space located on the premises, and designed for, or occupied by, travelers. The term includes, but is not limited to, any buildings or building groups designated as auto courts, motor lodges, tourist courts or by any other title or sign Intended to identify them as providing lodging to motorists. MOTOR VEHICLE Engine rebuilding or major reconditioning of wom or REPAIR, MAJOR damaged motor vehicles, or trailers, collision service, in- cluding body, frame or fender straightening or repair, and overall painting of vehicles within an enclosed building. $90 C7 Eil 201 El E E 8-5-7-6 • ® 8-5-8 8-5-7-6: ZERO -LOT -LINE EASEMENTS: A perpetual six foot (6') wide wall- maintenance/drainage easement shall be provided on the lot adjacent to the zero -lot -line property line which shall be kept clear of structures ID with the exception of walls, fences, patios and slabs at grade. Roof overhangs and below grade foundation footings may penetrate the easement on the adjacent lot a maximum of twelve inches (12"), but shall be so designed that water runoff from the dwelling placed on the lot line is limited to the easement area. The easement shall be shown on the develop ment plan/plat and incorporated into each deed transferring the title to the property. 8-5-7-7: ZERO -LOT -LINE GROUPINGS: In the R11, R14 and R20 Zones, no more than night (8) zero -lot -line dwellings may be attached to each other and only six (6) attached zero -lot -line dwellings should be permitted the same front yard setback. (Ord. 33-68-83, 7-6-83; amd. Ord. 209, 10-19-89) 49 8-5-8: MOBILE HO�inthe ON (M): Mobile homes shall be principal perm ted uses residential zones which have been mapped with the designation "M". A. Residential zones which may be mapped with the designation "M", mobile home, are as follows: B. 590 RIM Estate Residential - Mobile Home Zone R3M Low Density Residential - Mobile Home Zone R8M Medium Low Density Residential - Mobile Home Zone R11M Medium Density Residential - Mobile Home Zone R14M Medium High Density Residential - Mobile Home Zone The uses permitted and standards governing these residential/mobile home zones shall be the same as for the comparable residential zones; provided, however, that the following additional standards shall also apply: 1. Mobile homes placed on lots designated for zero -lot -line dwellings shall not be placed any closer than ten feet (10') to another mobile home or building, not including accessory buildings located on the same lot. 2. Where an M zone boundary adjoins a neighboring zone(s) without an in- tervening street, alley or other permanent open space at least twenty feet (20') in width, a yard of at least twenty feet (20') in minimum dimension shall be provided. Where the neighboring zone is residential, such yard may be used for open space but shall not contain carports, recreational shelters, storage structures or any other buildings. Where the neighboring yard is nonresidential, such yard may be used for open space; group or individual parking; active recreational facilities; or carports, recreational shelters or storage structures. 3. Along the edges of an M zone, walls or vegetative screening shall be provided where needed to protect residents from undesirable views, lighting, noise or other off-site influences, or to protect occupants of neighboring residential zones from potential adverse influences within the r^ 4 d St C � iy p 1111,, 63-307A REVENUE AND TAXATION 84 } 85 ASSE Computer and data processing routines for completion of all phases of the the county treasurer on ti tax roll procedures may be utilized with the responsibility for the comple- properly noted on the roll tion of each office's statutory duties to remain under the supervision of that manufactured home owne office. [(See R.C., §§ 1718, 1719; 1912, ch. 8, §§ 17, 18, p. 32 et seq.) 1913, ment provided for, the en ch. 58, § 40, p. 173; teen. C.L. 133:40; C.S., § 3135; am. 1929, ch. 201, § 9, alty and interest, as presc p. 385; I.C.A., § 61-307; am. 1979, ch. 199, § 1, p. 575; am. 1980, ch. 381, first installment. Interest § 3, p, 967.1 q lowing year. If the taxpay he may appeal to the bo: Compiler's notes. Section 2 of S.L. 1979, Railroad Right of Way. sufficient information is g ch. 199, is compiled as § 63-314. An assessment of a portion of a railroad Section 4 of S.L. 1980, ch. 381 is compiled right of way by county assessor was invalid taxes will be paid and th as § 63402. for indefiniteness where assessor did not sep- 11", county commissioners ma Cross ref. See note under heading "Migra- arately assess right of way on the rolls ac- payment of the first instz tory Livestock," § 63-306. Scottish Am. Mtg. cording to number, or enter accurate descrip- four (4) months. Otherwi Co. v. Minidoka County, 47 Idaho 33, 272 P. tion of land designated by number. Ada 498, 65 A.L.R. 663 (1928). County v. Bottolfsen, 61 Idaho 363, 102 P.2d ,' and executed to collect a] 287 (1940). it pursuant to sections 63-1 11,? shall be granted for secon DECISIONS UNDER PRIOR LAW "'rR' 1977, ch. 276, § 1, p. 804 ANALYSIS Armstrong v. Jarron, 21 Idaho 747, 125 P. § 4, p. 84.1 Form of roll. 170 (1912). ;4 , Compiler's notes. Section 2 Name of owner. Separate Valuations. p ch. 276 is compiled as § 63-1e Separate valuations. Classes of property mentioned in the reve- Section 3 of S.L. 1986, ch. 30 i nue law as subject to taxation are to be listed, § 63-117. Form of Roll. set down and valued separately in the assess - Where particular form of assessment roll is ment roll. People v. Qwyhee Mining Co., 1 prescribed by the statute, that form must at Idaho 409 (1871). 63-3078. Manufactu least be substantially followed; courts will not permit substitution of a different one.Two contiguous town lots, owned by same manufactured home, as People v. Moore, 1 Idaho 662 (1877). individual, may be jointly assessed, and one , constitute real property valuation fixed therefor, in absence of a de - Name of Owner. mand on assessor to assess them separately. (a) If the manufactures Provision with reference to use of name of Cooperative Say. & Loan Ass'n v. Green, 5 tion on land which is owi owner or supposed owner of land is directory. Idaho 660, 51 P. 770 (1897). of said manufactured he (b) If the owner or pui 63-307A. Assessment of manufactured homes. - (a) For purposes of !' county recorder in the c this section "manufactured home" is defined as provided in section 39-4105, situated a nonrevocable Idaho Code. I ert pro P Y• (b) Manufactured homes shall be assessed in the same manner as other (c) The exercise of sak residential housing. The state tax commission shall issue a regulation set- those manufactured homy ting forth the method by which all residential housing will be appraised for ii: option as any other site - ad valorem taxation purposes. The method shall provide uniformity in the "J� tions to treat said manu assessment of all residential housing. County assessors shall assess the residence. values to compute property taxes as prescribed in this regulation. (d) A manufactured h( (c) All assessments on residential property shall be entered on the tion and financing purpo; county real property rolls in accordance with regulations issued by the tax whatsoever. [I.C., § 63 commission. Owners of manufactured homes shall receive notice of as- l 1986, ch. 30, § 5, p. 84 sessed taxes due, make payment thereof, and receive receipt of payment 1 from the county treasurer pursuant to sections 63-1101 through 63-1108, I Compiler's notes. Section E Idaho Code, regardless of what property roll the assessment is entered �[ ch. 30 is compiled as § 63-12 upon.Sec. to sec. ref. This sectior fk. in § 44-2102. (d) Any tax delinquency of a manufactured home owner arising by virtue of section 63-1102, Idaho Code, shall be duly entered and accounted for by J4_ 84 1085 A f ASSESSMENT OF PROPERTY 63-307B aletion of all phases of the the county treasurer on the county property rolls. When the delinquency is onsibility for the comple- properly noted on the rolls, it shall be due and payable upon demand. If a ler the supervision of that manufactured home owner fails to make timely payment of the first install - ,7, 18, p. 32 et seq.) 1913, ; ment provided for, the entire tax shall become due and payable, and pen - ;5; am. 1929, ch. 201, § % alty and interest, as prescribed by law, shall be added on the amount of the p. 575; am. 1980, ch. 381, <a ; first installment. Interest shall be calculated from January 1st of the fol- s lowing year. If the taxpayer is unable to pay the first installment taxes due, I ' he may appeal to the board of county commissioners for an extension. If Ight of Way. sufficient information is given to satisfy the board that the first installment bent of a portion of a railroad by county assessor was invalid J � ,, taxes will be aid and that an extension should be anted, the boars] of P �' meas where assessor did not sep- county commissioners may grant an extension of time to the taxpayer for ss right of way on the roils ac- payment of the first installment taxes, penalty and interest, not to exceed ember, or enter accurate des Ada 1 designated by number. Ada ? j four (4) months. Otherwise, a warrant of distraint may be issued, served )ttolfsen, 61 Idaho 363, 102 P.2d and executed to collect any tax deficiency of a manufactured home owner pursuant to sections 63-1304 through 63-1308, Idaho Code. No extension r .tj shall be granted for second installment taxes. [I.C., § 63-307A, as added by 1977, ch. 276, § 1, p. 804; am. 1979, ch. 292, § 1, p. 770; am. 1986, ch. 30, i. Jarron, 21 Idaho 747, 126 P. § 4, P. 84.1 ' Compiler's notes. Section 2 of S.L. 1977, Sec. to sec. ref. This section is referred to aluations. ch. 276 is compiled as § 63-1203. in § 63-1310. property mentioned in the revs- Section 3 of S.L. 1986, ch. 30 is compiled as abject to taxation are to be listed, '' '' ' § 63-117. 1 valued separately in the assess- 'eople v. Owyhee Mining Co., 1 1871). 63-307B. Manufactured homes to constitute real roe A property. i`t3'• - guous town lots, owned by same manufactured home, as defined in section 63-307A(a), Idaho Code, may nay be jointly assessed, and one constitute real property if the running gear is removed and: Ked therefor, in absence of a de- aes to assess them separately. (a) If the manufactured home becomes permanently affixed to a founda- Say. &Loan Assn v. Green, 6 v. ? tion on land which is owned or being purchased b the owner or purchaser g P Y 51 P. 770 (1897). D '_ of said manufactured home; and (b) If the owner or purchaser of a manufactured home records with the mes. - (a) For purposes of county recorder in the county in which the manufactured home will be rovided in section 39-4105, ;' situated a nonrevocable option to declare the manufactured home as :real- ealproperty. property. the same manner as other ? '' (c) The exercise of said option shall require all county assessors to treat mall issue a regulation set- those manufactured homes whose owners or purchasers have exercised said Busing will be appraised for option as any other site -built residence and shall permit lending institu- 1 provide uniformity in the tions to treat said manufactured homes as real property or as any other assessors shall assess the ' '" residence. d, in this regulation. (d) A manufactured home may be considered as real property for taxa - shall be entered on the ~' tion and financing purposes only, and not for any other purpose or purposes gulations issued by the tax whatsoever. [I.C., § 63-307B, as added by 1981, ch. 83, § 1, p. 115; am. ihall receive notice of as- 1986, ch. 30, § 5, p. 84.] receive receipt of payment 63-1101 through 63-1108, J'. Compiler's notes. Section 6 of S.L. 1986, p ArrnLYsis the assessment is entered Z ch. 30 is compiled as § 63-1203. Sec. to sec. ref. This section is referred to Application. ime owner arising by virtue in § 44-2102. Legislative intent. Ltered and accounted for by 77 $J a a,P i' ?6'rA q iJrs 4wy` kj •. J MERIDIAN CITY COUNCIL DECEMBER 17, 1991 PAGE 8 The Motion was made by Myers and seconded by Tolsma to authorize the Mayor and City Clerk to sign the agreement. Motion Carried: All Yea: ITEM #5: REQUEST BY DUNCAN GRANDIN TO PLACE MANUFACTURED HOUSE AT 318 E. PINE: - Duncan Brandin: I live at 318 E. Pine and I'm requesting permission to destroy the old house that I'm living in and replace it with a manufactured home. I'd like to have my contractor explain the details to you so you can understand the circumstances. Frank Eld: This is what I do is deal with manufactured housing on permanent foundations. Presented pictures of existing home and the new home being proposed. The Ada County Ordinance makes a distinction between manufactured housing and mobile home in that manufactured housing is a structure that is built after 1976 under the HUD safety codes verses the mobile home. We do understand the ordinances for mobile homes and why they are there. Explained process for placing a manufactured home on a foundation. I will be happy to answer any questions. Yerrington: What square footage of the unit being proposed? Eld: This unit is 1334 sq. ft., it is a 26 wide by 52. It is considerably larger than what he has now. Giesler: All the steel frame work comes out of it? Eld: No the steel frame work has to remain underneath. The frame itself is permanently attached to the underneath of the home. HUD will not allow us to remove it. It is used as a support for the floor itself. Giesler: This comes down the road in two pieces? Eld: Yes. Myers: Do these have 2x49s or 2x69s in the framing or what? Eld: All the manufactured housing that we deal with in this area because of the energy code are 2x6. The floors are all insulated. Myers: The walls are what? Eld: All sheetrock. A: fl f' r?i I MERIDIAN CITY COUNCIL DECEMBER 17, 1991 PAGE 8 The Motion was made by Myers and seconded by Tolsma to authorize the Mayor and City Clerk to sign the agreement. Motion Carried: All Yea: ITEM #5: REQUEST BY DUNCAN GRANDIN TO PLACE MANUFACTURED HOUSE AT 318 E. PINE: - Duncan Brandin: I live at 318 E. Pine and I'm requesting permission to destroy the old house that I'm living in and replace it with a manufactured home. I'd like to have my contractor explain the details to you so you can understand the circumstances. Frank Eld: This is what I do is deal with manufactured housing on permanent foundations. Presented pictures of existing home and the new home being proposed. The Ada County Ordinance makes a distinction between manufactured housing and mobile home in that manufactured housing is a structure that is built after 1976 under the HUD safety codes verses the mobile home. We do understand the ordinances for mobile homes and why they are there. Explained process for placing a manufactured home on a foundation. I will be happy to answer any questions. Yerrington: What square footage of the unit being proposed? Eld: This unit is 1334 sq. ft., it is a 26 wide by 52. It is considerably larger than what he has now. Giesler: All the steel frame work comes out of it? Eld: No the steel frame work has to remain underneath. The frame itself is permanently attached to the underneath of the home. HUD will not allow us to remove it. It is used as a support for the floor itself. Giesler: This comes down the road in two pieces? Eld: Yes. Myers: Do these have 2x49s or 2x69s in the framing or what? Eld: All the manufactured housing that we deal with in this area because of the energy code are 2x6. The floors are all insulated. Myers: The walls are what? Eld: All sheetrock. • MERIDIAN CITY COUNCIL DECEMBER 17, 1991 PAGE 10 Giesler: Maybe we need to update our Ordinances to address this. Eld: I would personally like to see the City of Meridian redo their ordinance to have these protective covenants in there. If I can be of any assistance to help re -write these codes I'd be happy to do it. The Motion was made by Myers and seconded by Giesler to table this matter until the January 7, 1991 meeting. Motion Carried: All Yea: ITEM #7: GEORGE WAGNER, JUB ENGINEERS: UPDATE ON SEWER FACILITY PLAN: George Wagner: We have been retained by the City of Meridian to prepare a facility plan for the City Sanitary Sewer System. This is a State funded project and our overall purpose is to look at your sanitary sewer system and your wastewater treatment plant and provide to the City a twenty year plan for what needs to happen to those facilities to take care of the needs that can be seen for the next twenty years. This plan will be used by the Idaho Department of Health and Welfare for their grant loan program as improvements needs to be made. There is three parts to the process as we do them. The first is existing conditions, second is future conditions and thirdly is a public participation program. Nancy, from JUB explained in detail to the Council each one of these items. (See tape for explanation & discussion) ITEM #8: WAYNE FORREY: UPDATE ON DOWNTOWN LID#90-1: Kingsford: We will skip over item #8 tonight. ITEM #11: APPROVE PLAT ON ROSEBUD SUBDIVISION: The Motion was made by Myers and seconded by Tolsma to authorize the Mayor and City Clerk to sign the plat on Rosebud Subdivision, subject to the City Engineer's approval. Motion Carried: All Yea: ITEM #12: DEPARTMENT REPORTS: 8-5-8 • ® 8-5-9 B3) M zone. In particular, extensive off-street parking areas, service areas for loading and unloading other than passenger vehicles, and for storage and collection of trash and garbage shall be screened. 4. An outdoor living area shall be provided for each mobile home. Such outdoor living area shall be at least ten percent (10%) of the individual lot but in no case shall such area be less than three hundred (300) square feet nor required to be more than five hundred (500) square feet. The minimum dimension of such area shall not be less than fifteen feet (15'). 8-5-9: MANUFACTURED HOUSING: The intent of this Section Is to establish standards and regulations governing the location and approval of manufactured housing in Ada County and that these regulations allow a mix of "housing types" and "living styles"; however, this should occur in a manner which will not adversely affect existing neighborhoods. For this reason, standards have been set that will regulate the appearance of the manufactured home, allowing only those that are acceptably similar In appearance to site -built dwellings on individual lots in all residential zoning districts. (Ord. 33-68-83, 7-6-83) A.Manufactured homes shall be considered sin le-famil within the R8, R11, R14 and R20 zoning districts of this Title, provided such structures meet the development standards for manufactured homes on individual lots (subsection B hereof). (Ord. 33-68-83, 7-6-83; amd. Ord. 33-69-84, 7-11-84; amd. Ord. 212, 12-4-89) AWN B. Development standards for a manufactured home on an individual lot area are as follows: 1. Shall consist of more than one section, shall be at least twenty feet (20') wide, and shall have a minimum floor area of four hundred (400) square feet/section. 2. Shall have a nonmetallic, wood shake or asphalt shingle roof with a minimum slope of 16% (2:12) and a minimum six inch (6") eave, or gutter and eave attached to the entire perimeter of the roof. 3. Shall have horizontal aluminum simulated wood or wood siding. 4. Shall have a foundation facia that is similar in appearance to masonry foundation *oi site -built dw illill ne gs, as approved by the Administrator, which surrounds the entire perimeter of the structure and completely encloses the space between the siding and the finished grade. 5. Shall be permanently affixed, with the running gear and towma-hitchL removed, to a foundation base having an anchoring system th`'ia is -totally totally con laec ed under the structure. 6. Shall obtain a building permit from the Ada County Building Division to insure that the manufactured home is assembled on-site to standards regulating the anchoring of the structure to its foundation and other building requirements. Soo 8-5-8 • 0 8-5-9 B3) M zone. In particular, extensive off-street parking areas, service areas for loading and unloading other than passenger vehicles, and for storage and collection of trash and garbage shall be screened. 4. An outdoor living area shall be provided for each mobile home. Such outdoor living area shall be at least ten percent (10%) of the individual lot but in no case shall such area be less than three hundred (300) square feet nor required to be more than five hundred (500) square feet. The minimum dimension of such area shall not be less than fifteen feet (15'). 8-5-9: MANUFACTURED HOUSING: The intent of this Section Is to establish standards and regulations governing the location and approval of manufactured housing in Ada County and that these regulations allow a mix of "housing types" and "living styles"; however, this should occur in a manner which will not adversely affect existing neighborhoods. For this reason, standards have been set that will regulate the appearance of the manufactured home, allowing only those that are acceptably similar in appearance to site -built dwellings on individual lots in all residential zoning districts. (Ord. 33-68-83, 7-6-83) A. Manufactured homes shall be considered sin le -family within the R8, R11, R14 and R20 zoning districts of this Title, provided such structures meet the development standards for manufactured homes on individual lots (subsection B hereof). (Ord. 33-68-83, 7-6-83; amd. Ord. 33-69-84, 7-11-84; amd. Ord. 212, 12-4-89) B. Development standards for a manufactured home on an individual lot area are as follows: 1. Shall consist of more than one section, shall be at least twenty feet (20') wide, and shall have a minimum floor area of four hurl red (400) square feet/section. 2. Shall have a nonmetallic, wood shake or asphal shingle roof with a minimum slope of 16% (2:12) and a minimum six inch (6") eave, or gutter and eave attached to the entire perimeter of the roof. 3. Shall have horizontal aluminum simulated wood or wood siding. 4. Shall have a foundation facia that is similar in appearance to masonry foundation 'of site -built dwellings, as approved by the Administrator, which surrounds the entire perimeter of the structure and completely encloses the space between the siding and the finished grade. 5. Shall be permanently affixed, with the running gear and towinn�Itc removed, to a foundation base having an anchoring system that totally concealed under the structure. 6. Shall obtain a building permit from the Ada County Building Division to insure that the manufactured home is assembled on-site to standards regulating the anchoring of the structure to its foundation and other building requirements. 590 B-6-9 0 0 8-5-9 B) 7. Shall comply with all other applicable requirements of the zoning district In which the manufactured home is located (such as lot size and setback requirements). 8. Shall comply with Section 8-813-7C6 of this Title relating to the location of mobile homes in floodplain areas and any other applicable requirement of this Title. C. Development standards for an accessory structure to a manufactured home on an Individual lot are as follows: Attached accessory structure, as permitted in the zoning district for which the manufactured home is to be located, shall be similar in material and Integrated into the design of the manufactured home. Accessory structures must meet Uniform Building Code Standards. D. Administration and Enforcement: Applications for approval of manufactured housing on individual lots shall be submitted to the Administrator on a standard prescribed form. In addition to such information as Is generally required for zoning permits, such applications shall also Include all Information necessary to determine the manufactured home's conformity with subsection B hereof, development standards for a manufactured home on an Individual lot. Applicant shall sign the application and provide any additional information necessary to verify such structure does meet the standards of subsection B hereof, prior to moving the structure to the building site. The Ada County Building Division, following issuance of a building permit and upon inspection of the site for the attachment of the structure to a foundation base, shall verify to the Administrator in writing that all standards of subsection B herect, paragraphs 1 - 6 have been met, as certified In the signed application form. (Ord. 33-68-83, 7-6-83) 590 t � 5 g F n B-6-9 0 0 8-5-9 B) 7. Shall comply with all other applicable requirements of the zoning district In which the manufactured home is located (such as lot size and setback requirements). 8. Shall comply with Section 8-813-7C6 of this Title relating to the location of mobile homes in floodplain areas and any other applicable requirement of this Title. C. Development standards for an accessory structure to a manufactured home on an Individual lot are as follows: Attached accessory structure, as permitted in the zoning district for which the manufactured home is to be located, shall be similar in material and Integrated into the design of the manufactured home. Accessory structures must meet Uniform Building Code Standards. D. Administration and Enforcement: Applications for approval of manufactured housing on individual lots shall be submitted to the Administrator on a standard prescribed form. In addition to such information as Is generally required for zoning permits, such applications shall also Include all Information necessary to determine the manufactured home's conformity with subsection B hereof, development standards for a manufactured home on an Individual lot. Applicant shall sign the application and provide any additional information necessary to verify such structure does meet the standards of subsection B hereof, prior to moving the structure to the building site. The Ada County Building Division, following issuance of a building permit and upon inspection of the site for the attachment of the structure to a foundation base, shall verify to the Administrator in writing that all standards of subsection B herect, paragraphs 1 - 6 have been met, as certified In the signed application form. (Ord. 33-68-83, 7-6-83) 590 t � 5 g F E, I El H El 8-5-9 O 0 8-5-9 B) 7. Shall comply with all other applicable requirements of the zoning diswlct In which the manufactured home is located (such as lot size and setback requirements). 8. Shall comply with Section 8 -8B -7C6 of this Title relating to the location of mobile homes in floodplain areas and any other applicable requirement of this Title. C. Development standards for an accessory structure to a manufactured home on an individual lot are as follows: Attached accessory structure, as permitted in the zoning district for which the manufactured home is to be located, shall be similar in material and Integrated into the design of the manufactured home. Accessory structures must meet Uniform Building Code Standards. D. Administration and Enforcement: Applications for approval of manufactured housing on individual lots shall be submitted to the Administrator on a standard prescribed form. In addition to such information as is generally required for zoning permits, such applications shall also Include all Information necessary to determine the manufactured home's conformity with subsection B hereof, development standards for a manufactured home on an individual lot. Applicant shall sign the application and provide any additional information necessary to verify such structure does meet the standards of subsection B hereof, prior to moving the structure to the building site. The Ada County Building Division, following issuance of a building permit and upon inspection of the site for the attachment of the structure to a foundation base, shall verify to the Administrator in writing that all standards of subsection B hereof, paragraphs 1 - 6 have been met, as certified in the signed application form. (Ord. 33-68-83, 7-6-83) Soo { e ; El � E C-7 Ell B-2-1 • ® 8-2-1 Lot (cont.) Lot, Reversed Corner A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not. Lot, Through A lot other than a corner lot having frontage on two (2) parallel or approximately parallel streets. On a through lot both street lines shall be deemed front lot lines. Lot, Width The mean width of the lot measured at right angles to its depth, provided however, that the minimum lot width required in each district shall be measured at a distance from the front line equal to the required least dopth of the front yard. (Ord. 33, 5-20-68) MANUFACTURED BUILDING A structure built since June 15, 1976, that bears7the'Seal of HUD, indicating it has met the Mobile HConstruction and Safety Standards of the United Sta Department of Housing and Urban Development (HUD Standards). MANUFACTURED HOME A manufactured building (see definition) which is used as a permanent dwelling and meets the criteria estab- lished in Section 8-5-9 of this Title for manufactured housing. MOBILE HOME A manufactured building (see definition) which is used as a permanent dwelling and does not meet the criteria established in Section 8-5-9 of this Title for manufac- tured housing, or any other similar structure built on a chassis, which is used as a permanent dwelling but which is not a manufactured building and is not a travel trailer. (Ord. 33-69-84, 7-11-84) MOTEL A building, or group of buildings on the same premises whether detached or in connected rows, containing sleeping or dwelling units independently accessible from the outside, with garage space or parking space located on the premises, and designed for, or occupied by, travelers. The term includes, but is not limited to, any buildings or building groups designated as auto courts, motor lodges, tourist courts or by any other title or sign intended to identify them as providing lodging to motorists. MOTOR VEHICLE Engine rebuilding or major reconditioning of worn or REPAIR, MAJOR damaged motor vehicles, or trailers, collision service, in- cluding body, frame or fender straightening or repair, and overall painting of vehicles within an enclosed building. 590 C7 Ew E 21 8-2-1 � ® 8-2-1 Lot (cont.) Lot, Reversed Corner A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not. Lot, Through A lot other than a comer lot having frontage on two (2) parallel or approximately parallel streets. On a through lot both street lines shall be deemed front lot lines. Lot, Width The mean width of the lot measured at right angles to its depth, provided however, that the minimum lot width required in each district shall be measured at a distance from the front line equal to the required least dopth of the front yard. (Ord. 33, 5-20-68) MANUFACTURED BUILDING A structure built since June 15, 1976, that bears the 'Seal of HUD, indicating it has met the Mobile Home Construction and Safety Standards of the United Stated Department of Housing and Urban Development (HUD Standards). MANUFACTURED HOME A manufactured building (see definition) which is used as a permanent dwelling and meets the criteria estab- lished in Section 8-5-9 of this Title for manufactured housing. MOBILE HOME A manufactured building (see definition) which is used as a permanent dwelling and does not meet the criteria established in Section 8-5-9 of this Title for manufac- tured housing, or any other similar structure built on a chassis, which is used as a permanent dwelling but which is not a manufactured building and is not a travel trailer. (Ord. 33-69-84, 7-11-84) MOTEL A building, or group of buildings on the same premises whether detached or in connected rows, containing sleeping or dwelling units independently accessible from the outside, with garage space or parking space located on the premises, and designed for, or occupied by, travelers. The term includes, but is not limited to, any buildings or building groups designated as auto courts, motor lodges, tourist courts or by any other title or sign Intended to identify them as providing lodging to motorists. MOTOR VEHICLE Engine rebuilding or major reconditioning of wom or REPAIR, MAJOR damaged motor vehicles, or trailers, collision service, in- cluding body, frame or fender straightening or repair, and overall painting of vehicles within an enclosed building. 590 H C7 0 E 1 8-5-7-6 • 0 8-5-8 8-5-7-6: ZERO -LOT -LINE EASEMENTS: A perpetual six foot (6) wide wall- maintenance/drainage easement shall be provided on the lot adjacent to the zero -lot -line property line which shall be kept clear of structures with the exception of walls, fences, patios and slabs at grade. Roof overhangs and below grade foundation footings may penetrate the easement on the adjacent lot a maximum of twelve inches (12"), but shall be so designed that water runoff from the dwelling placed on the lot line is limited to the easement area. The easement shall be shown on the develop ment plan/plat and incorporated Into each deed transferring the title to the property. 8-5-7-7: ZERO -LOT -LINE GROUPINGS: in the R11, R14 and R20 Zones, no more than oight (8) zero -lot -line dwellings may be attached to each other and only six (6) attached zero -lot -line dwellings should be permitted the same front yard setback. (Ord. 33-68-83, 7-6-83; amd. Ord. 209, 10-19-89) 8-5-8: �OBILE HOME�the (M): Mobile homes shall be principal perms ed uses inresidential zones which have been mapped with the designation "M". A. B. 590 Residential zones which may be mapped with the designation "M", mobile home, are as follows: R1M Estate Residential - Mobile Home Zone R3M Low Density Residential - Mobile Home Zone R8M Medium Low Density Residential - Mobile Home Zone R11M Medium Density Residential - Mobile Home Zone R14M Medium High Density Residential - Mobile Home Zone The uses permitted and standards governing these residential/mobile home zones shall be the same as for the comparable residential zones; provided, however, that the following additional standards shall also apply: 1. Mobile homes placed on lots designated for zero -lot -line dwellings shall not be placed any closer than ten feet (10') to another mobile home or building, not including accessory buildings located on the same lot. 2. Where an M zone boundary adjoins a neighboring zone(s) without an in- tervening street, alley or other permanent open space at least twenty feet (20') in width, a yard of at least twenty feet (20') in minimum dimension shall be provided. Where the neighboring zone is residential, such yard may be used for open space but shall not contain carports, recreational shelters, storage structures or any other buildings. Where the neighboring yard is nonresidential, such yard may be used for open space; group or individual parking; active recreational facilities; or carports, recreational shelters or storage structures. 3. Along the edges of an M zone, walls or vegetative screening shall be provided where needed to protect residents from undesirable views, lighting, noise or other off-site influences, or to protect occupants of neighboring residential zones from potential adverse influences within the E E E. 7 U E 8-5-7-6 • 8-5-8 8-5-7-6: ZERO -LOT -LINE EASEMENTS: A perpetual six foot (6') wide wall- maintenance/drainage easement shall be provided on the lot e adjacent to the zero -lot -line property line which shall be kept clear of structures with the exception of walls, fences, patios and slabs at grade. Roof overhangs and below grade foundation footings may penetrate the easement on the adjacent lot a maximum of twelve inches (12"), but shall be so designed that water runoff from the dwelling placed on the lot line is limited to the easement area. The easement shall be shown on the develop ment plan/plat and incorporated into each deed transferring the title to the property. 8-5-7-7: ZERO -LOT -LINE GROUPINGS: in the R11, R14 and R20 Zones, no more than night (8) zero -lot -line dwellings may be attached to each other and only six (6) attached zero -lot -line dwellings should be permitted the same front yard setback. (Ord. 33-68-83, 7-6-83; amd. Ord. 209, 10-19-89) 8-5-8: MOBILE HOME ZONE (M): Mobile homes shall be principal perms ed uses in the residential zones which have been mapped with the designation "M". A. Residential zones which may be mapped with the designation "M", mobile home, are as follows: RIM Estate Residential - Mobile Home Zone R3M Low Density Residential - Mobile Home Zone R8M Medium Low Density Residential - Mobile Home Zone R11M Medium Density Residential - Mobile Home Zone R14M Medium High Density Residential - Mobile Home Zone B. The uses permitted and standards governing these residential/mobile home zones shall be the same as for the comparable residential zones; provided, however, that the following additional standards shall also apply: 1. Mobile homes placed on lots designated for zero -lot -line dwellings shall not be placed any closer than ten feet (10') to another mobile home or building, not including accessory buildings located on the same lot. 2. Where an M zone boundary adjoins a neighboring zone(s) without an in- tervening street, alley or other permanent open space at least twenty feet (20') in width, a yard of at least twenty feet (20') in minimum dimension shall be provided. Where the neighboring zone is residential, such yard ` may be used for open space but shall not contain carports, recreational 8 shelters, storage structures or any other buildings. Where the neighboring yard is nonresidential, such yard may be used for open space; group or individual parking; active recreational facilities; or carports, recreational shelters or storage structures. 3. Along the edges of an M zone, walls or vegetative screening shall be provided where needed to protect residents from undesirable views, lighting, noise or other off-site influences, or to protect occupants of neighboring residential zones from potential adverse influences within the seo 63-307A REVENUE AND TAXATION Rom 84 Computer and data processing routines for completion of all phases of the tax roll procedures may be utilized with the responsibility for the comple- tion of each office's statutory duties to remain under the supervision of that office. [(See R.C., §§ 1718, 1719; 1912, ch. 8, §§ 17, 18, p. 32 et seq.) 1913, ch. 58, § 40, p. 173; reen. C.L. 133:40; C.S., § 3135; am. 1929, ch. 201, § 9, p. 385; I.C.A., § 61-307; am. 1979, ch. 199, § 1, p. 575; am. 1980, ch. 381, § 3, p. 967,1 Compiler's notes. Section 2 of S.L. 1979, ch. 199, is compiled as § 63-314. Section 4 of S.L. 1980, ch. 381 is compiled as § 63-402. Cross ref. See note under heading "Migra- tory Livestock," § 63-306. Scottish Am. Mtg. Co. v. Minidoka County, 47 Idaho 33, 272 P. 498, 65 A.L.R. 663 (1928). ANALYSIS Form of roll. Name of owner. Separate valuations. Railroad Right of Way. An assessment of a portion of a railroad right of way by county assessor was invalid for indefiniteness where assessor did not sep- arately assess right of way on the rolls ac- cording to number, or enter accurate descrip- tion of land designated by number. Ada County v. Bottolfsen, 61 Idaho 363, 102 P.2d 287 (1940). DECISIONS UNDER PRIOR LAW Form of Roll. Where particular form of assessment roll is prescribed by the statute, that form must at least be substantially followed; courts will not permit substitution of a different one. People v. Moore, 1 Idaho 662 (1877). Name of Owner. Provision with reference to use of name of owner or supposed owner of land is directory. Armstrong v. Jarron, 21 Idaho 747, 125 P. 170 (1912). Separate Valuations. Classes of property mentioned in the reve- nue law as subject to taxation are to be listed, set down and valued separately in the assess- ment roll. People v. Owyhee Mining Co., 1 Idaho 409 (1871). Two contiguous town lots, owned by same individual, may be jointly assessed, and one valuation fixed therefor, in absence of a de- mand on assessor to assess them separately. Cooperative Say. & Loan Ass'n v. Green, 5 Idaho 660, 51 P. 770 (1897). 63-307A. Assessment of manufactured homes. - (a) For purposes of this section "manufactured home" is defined as provided in section 39-4105, Idaho Code. (b) Manufactured homes shall be assessed in the same manner as other residential housing. The state tax commission shall issue a regulation set- ting forth the method by which all residential housing will be appraised for ad valorem taxation purposes. The method shall provide uniformity in the assessment of all residential housing. County assessors shall assess the values to compute property taxes as prescribed in this regulation. (c) All assessments on residential property shall be entered on the county real property rolls in accordance with regulations issued by the tax commission. Owners of manufactured homes shall receive notice of as- sessed taxes due, make payment thereof, and receive receipt of payment from the county treasurer pursuant to sections 63-1101 through 63-1108, Idaho Code, regardless of what property roll the assessment is entered upon. (d) Any tax delinquency of a manufactured home owner arising by virtue of section 63-1102, Idaho- Code, shall be duly entered and accounted for by 85 AS. the county treasurer on properly noted on the r( manufactured home own ment provided for, the t alty and interest, as pre., first installment. Intere lowing year. If the taxpa he may appeal to the b sufficient information is taxes will be paid and county commissioners n payment of the first ins, four (4) months. Othery and executed to collect ; pursuant to sections 63 shall be granted for seco 197 7, ch. 276, § 1, p. 80 § 4, p. 84.1 Compiler's notes. Section ch. 276 is compiled as § 63 - Section 3 of S.L. 1986, ch. 30 § 63-117. 63-307B. Manufactl manufactured home, as constitute real property (a) If the manufacture tion on land which is o% of said manufactured ht (b) If the owner or pu county recorder in the situated a nonrevocable property. (c) The exercise of sai those manufactured horn option as any other site tions to treat said mans residence. (d) A manufactured h tion and financing purp(t whatsoever. [I.C., § 63-. 1986, ch. 30, § 5, p. 8,1 Compiler's notes. Section ch. 30 is compiled as § 63-1: Sec. to sec. ref. This sectio, in § 442102. yYA 'y `�Ey.1:'t. '�a�::. �r- •�" {� .:���'�.kr s�'�:'�.�' K'�'' �'"`i$c a�Y,�' >,} rte' t,�. 63-307A REVENUE AND TAXATION Rom 84 Computer and data processing routines for completion of all phases of the tax roll procedures may be utilized with the responsibility for the comple- tion of each office's statutory duties to remain under the supervision of that office. [(See R.C., §§ 1718, 1719; 1912, ch. 8, §§ 17, 18, p. 32 et seq.) 1913, ch. 58, § 40, p. 173; reen. C.L. 133:40; C.S., § 3135; am. 1929, ch. 201, § 9, p. 385; I.C.A., § 61-307; am. 1979, ch. 199, § 1, p. 575; am. 1980, ch. 381, § 3, p. 967,1 Compiler's notes. Section 2 of S.L. 1979, ch. 199, is compiled as § 63-314. Section 4 of S.L. 1980, ch. 381 is compiled as § 63-402. Cross ref. See note under heading "Migra- tory Livestock," § 63-306. Scottish Am. Mtg. Co. v. Minidoka County, 47 Idaho 33, 272 P. 498, 65 A.L.R. 663 (1928). ANALYSIS Form of roll. Name of owner. Separate valuations. Railroad Right of Way. An assessment of a portion of a railroad right of way by county assessor was invalid for indefiniteness where assessor did not sep- arately assess right of way on the rolls ac- cording to number, or enter accurate descrip- tion of land designated by number. Ada County v. Bottolfsen, 61 Idaho 363, 102 P.2d 287 (1940). DECISIONS UNDER PRIOR LAW Form of Roll. Where particular form of assessment roll is prescribed by the statute, that form must at least be substantially followed; courts will not permit substitution of a different one. People v. Moore, 1 Idaho 662 (1877). Name of Owner. Provision with reference to use of name of owner or supposed owner of land is directory. Armstrong v. Jarron, 21 Idaho 747, 125 P. 170 (1912). Separate Valuations. Classes of property mentioned in the reve- nue law as subject to taxation are to be listed, set down and valued separately in the assess- ment roll. People v. Owyhee Mining Co., 1 Idaho 409 (1871). Two contiguous town lots, owned by same individual, may be jointly assessed, and one valuation fixed therefor, in absence of a de- mand on assessor to assess them separately. Cooperative Say. & Loan Ass'n v. Green, 5 Idaho 660, 51 P. 770 (1897). 63-307A. Assessment of manufactured homes. - (a) For purposes of this section "manufactured home" is defined as provided in section 39-4105, Idaho Code. (b) Manufactured homes shall be assessed in the same manner as other residential housing. The state tax commission shall issue a regulation set- ting forth the method by which all residential housing will be appraised for ad valorem taxation purposes. The method shall provide uniformity in the assessment of all residential housing. County assessors shall assess the values to compute property taxes as prescribed in this regulation. (c) All assessments on residential property shall be entered on the county real property rolls in accordance with regulations issued by the tax commission. Owners of manufactured homes shall receive notice of as- sessed taxes due, make payment thereof, and receive receipt of payment from the county treasurer pursuant to sections 63-1101 through 63-1108, Idaho Code, regardless of what property roll the assessment is entered upon. (d) Any tax delinquency of a manufactured home owner arising by virtue of section 63-1102, Idaho- Code, shall be duly entered and accounted for by 85 AS. the county treasurer on properly noted on the r( manufactured home own ment provided for, the t alty and interest, as pre., first installment. Intere lowing year. If the taxpa he may appeal to the b sufficient information is taxes will be paid and county commissioners n payment of the first ins, four (4) months. Othery and executed to collect ; pursuant to sections 63 shall be granted for seco 197 7, ch. 276, § 1, p. 80 § 4, p. 84.1 Compiler's notes. Section ch. 276 is compiled as § 63 - Section 3 of S.L. 1986, ch. 30 § 63-117. 63-307B. Manufactl manufactured home, as constitute real property (a) If the manufacture tion on land which is o% of said manufactured ht (b) If the owner or pu county recorder in the situated a nonrevocable property. (c) The exercise of sai those manufactured horn option as any other site tions to treat said mans residence. (d) A manufactured h tion and financing purp(t whatsoever. [I.C., § 63-. 1986, ch. 30, § 5, p. 8,1 Compiler's notes. Section ch. 30 is compiled as § 63-1: Sec. to sec. ref. This sectio, in § 442102. 63-307A REVENUE AND TAXATION 84 Computer and data processing routines for completion of all phases of the tax roll procedures may be utilized with the responsibility for the comple- tion of each office's statutory duties to remain under the supervision of that office. [(See R.C., §§ 1718, 1719; 1912, ch. 8, §§ 17, 18, p. 32 et seq.) 1913, ch. 58, § 40, p. 173; reen. C.L. 133:40; C.S., § 3135; am. 1929, ch. 201, § 9, p. 385; I.C.A., § 61-307; am. 1979, ch. 199, § 1, p. 575; am. 1980, ch. 381, § 3, p. 967.1 Compiler's notes. Section 2 of S.L. 1979, ch. 199, is compiled as § 63-314. Section 4 of S.L. 1980, ch. 381 is compiled as § 63-402. Cross ref. See note under heading "Migra- tory Livestock," § 63-306. Scottish Am. Mtg. Co. v. Minidoka County, 47 Idaho 33, 272 P. 498, 65 A.L.R. 663 (1928). ANALYsis Form of roll. Name of owner. Separate valuations. Railroad Right of Way. An assessment of a portion of a railroad right of way by county assessor was invalid for indefiniteness where assessor did not sep- arately assess right of way on the rolls, ac- cording to number, or enter accurate descrip- tion of land designated by number. Ada County v. Bottolfsen, 61 Idaho 363, 102 P.2d 287 (1940). DEcisioNs UNDER PRioR LAw Form of Roll. Where particular form of assessment roll is prescribed by the statute, that form must at least be substantially followed; courts will not permit substitution of a different one. People v. Moore, 1 Idaho 662 (1877). Name of Owner. Provision with reference to use of name of owner or supposed owner of land is directory. Armstrong v. Jarron, 21 Idaho 747, 125 P. 170 (1912). Separate Valuations. Classes of property mentioned in the reve- nue law as subject to taxation are to be listed, set down and valued separately in the assess- ment roll. People v. Qwyhee Mining Co., 1 Idaho 409 (1871). Two contiguous town lots, owned by same individual, may be jointly assessed, and one valuation fixed therefor, in absence of a de- mand on assessor to assess them separately. Cooperative Say. & Loan Ass'n v. Green, 5 Idaho 660, 51 P. 770 (1897). 63-307A. Assessment of manufactured homes. - (a) For purposes of this section "manufactured home" is defined as provided in section 39-4105, Idaho Code. (b) Manufactured homes shall be assessed in the same manner as other residential housing. The state tax commission shall issue a regulation set- ting forth the method by which all residential housing will be appraised for ad valorem taxation purposes. The method shall provide uniformity in the assessment of all residential housing. County assessors shall assess the values to compute property taxes as prescribed in this regulation. (c) All assessments on residential property shall be entered on the county real property rolls in accordance with regulations issued by the tax commission. Owners of manufactured homes shall receive notice of as- sessed taxes due, make payment thereof, and receive receipt of payment from the county treasurer pursuant to sections 63-1101 through 63-1108, Idaho Code, regardless of what property roll the assessment is entered upon. (d) Any tax delinquency of a manufactured home owner arising by virtue of section 63-1102, Idaho. Code, shall be duly entered and accounted for by 85 AS. the county treasurer on properly noted on the r( manufactured home owr. ment provided for, the t alty and interest, as pre: first installment. Intere lowing year. If the taxpa he may appeal to the b sufficient information is taxes will be paid and county commissioners n payment of the first ins four (4) months. Othery. and executed to collect pursuant to sections 63 shall be granted for seco 197; 7, ch. 276, § 1, p. 80 § 4, P. 84.1 Compiler's notes. Section ch. 276 is compiled as § 63 - Section 3 of S.L. 1986, ch. 30 § 63-117. 63-307B. Manufacti manufactured home, as constitute real property (a) If the manufactur( tion on land which is ow of said manufactured h• (b) If the owner or pu county recorder in the situated a nonrevocable property. (c) The exercise of sai those manufactured horn option as any other site tions to treat said man - residence. (d) A manufactured h tion and financing purpu whatsoever. [I.C., § 63- 1986, ch. 30, § 5, p. &i Compiler's notes. Section ch. 30 is compiled as § 63-1: Sec. to sec. ref. This sectioy in § 442102. E:II pletion of all phases of the )onsibility for the comple- ler the supervision of that 17, 18, p. 32 et seq.) 1913, i5; am. 1929, ch. 201, § 9, p. 575; am. 1980, ch. 381, ight of Way. inent of a portion of a railroad by county assessor was invalid mess where assessor did not sep- ;s right of way on the rolls ac- imber, or enter accurate descrip- I designated by number. Ada )ttolfsen, 61 Idaho 363, 102 P.2d .Iarron, 21 Idaho 747, 125 P. aluntions. property mentioned in the revs - Abject to taxation are to be listed, I valued separately in the assess- 'eople v. Owyhee Mining Co., 1 1871). ;nous town lots, owned by same nay be jointly assessed, and one ted therefor, in absence of a de- ;essor to assess them separately. Say. & Loan Ass'n v. Green, 6 i 1 P. 770 (1897). - (a) For purposes of ed in section 39-4105, the same manner as other call issue a regulation set - using will be appraised for provide uniformity in the assessors shall assess the 3 in this regulation. shall be entered on the ;ulations issued by the tax .hall receive notice of as- •eceive receipt of payment 63-1101 through 63-1108, ,he assessment is entered owner arising by virtue A and accounted for by .85 ASSESSMENT OF IRL PROPERTY 63-307B the county treasurer on the county property rolls. When the delinquency is properly noted on the rolls, it shall be due and payable upon demand. If a manufactured home owner fails to make timely payment of the first install- ment provided for, the entire tax shall become due and payable, and pen- alty and interest, as prescribed by law, shall be added on the amount of the first installment. Interest shall be calculated from January 1st of the fol- lowing year. If the taxpayer is unable to pay the first installment taxes due, he may appeal to the board of county commissioners for an extension. If sufficient information is given to satisfy the board that the first installment taxes will be paid and that an extension should be granted, the board of county commissioners may grant an extension of time to the taxpayer for payment of the first installment taxes, penalty and interest, not to exceed four (4) months. Otherwise, a warrant of distraint may be issued, served and executed to collect any tax deficiency of a manufactured home owner pursuant to sections 63-1304 through 63-1308, Idaho Code. No extension shall be granted for second installment taxes. [I.C., § 63-307A, as added by 1977, ch. 276, § 1, p. 804; am. 1979, ch. 292, § 1, p. 770; am. 1986, ch. 30, § 4, p. 84.1 Compiler's notes. Section 2 of S.L. 1977, Sec. to sec. ref. This section is referred to ch. 276 is compiled as § 63-1203. in § 63-1310. Section 3 of S.L. 1986, ch. 30 is compiled as § 63-117. 63-307B. Manufactured homes to constitute real property. - A manufactured home, as defined in section 63-307A(a), Idaho Code, may constitute real property if the running gear is removed and: (a) If the manufactured home becomes permanently affixed to a founda- tion on land which is owned or being purchased by the owner or purchaser of said manufactured home; and (b) If the owner or purchaser of a manufactured home records with the county recorder in the county in which the manufactured home will be situated a nonrevocable option to declare the manufactured home as real property. (c) The exercise of said option shall require all county assessors to treat those manufactured homes whose owners or purchasers have exercised said option as any other site -built residence and shall permit lending institu- tions to treat said manufactured homes as real property or as any other residence. (d) A manufactured home may be considered as real property for taxa- tion and financing purposes only, and not for any other purpose or purposes whatsoever. [I.C., § 63-307B, as added by 1981, ch. 83, § 1, p. 115; am. 1986, ch. 30, § 5, p. 84.1 Compiler's notes. Section 6 of S.L. 1986, ANni.Ysis ch. 30 is compiled as § 63-1203. Sec. to sec. ref. This section is referred to Application. in § 44-2102. Legislative intent. 84 iletion of all phases of the [)nsibility for the comple- er the supervision of that 7, 18, p. 32 et seq.) 1913, 5; am. 1929, ch. 201, § 9, ). 575; am. 1980, ch. 381, ght of Way. lent of a portion of a railroad by county assessor was invalid ness where assessor did not sep- s right of way on the rolls ac- mber, or enter accurate descrip- designated by number. Ada ttolfsen, 61 Idaho 363, 102 P.2d .larron, 21 Idaho 747, 125 P. property mentioned in the reve- bject to taxation are to be listed, valued separately in the assess- aople v. Owyhee Mining Co., 1 871). uous town lots, owned by same iay be jointly assessed, and one ed therefor, in absence of a de- essor to assess them separately. Say. & Loan Ass'n v. Green, 5 1 P. 770 (1897). - (a) For purposes of ed in section 39-4105, he same manner as other all issue a regulation set- lsing will be appraised for provide uniformity in the assessors shall assess the 1. in this regulation. shall be entered on the ulations issued by the tax hall receive notice of as- aceive receipt of payment 63-1101 through 63-1108, he assessment is entered owner arising by virtue ;d and accounted for by 085 ASSESSMENT OF & PROPERTY 63-307B the county treasurer on the county property rolls. When the delinquency is properly noted on the rolls, it shall be due and payable upon demand. If a manufactured home owner fails to make timely payment of the first install- ment provided for, the entire tax shall become due and payable, and pen- alty and interest, as prescribed by law, shall be added on the amount of the first installment.. Interest shall be calculated from January 1st of the fol- lowing year. If the taxpayer is unable to pay the first installment taxes due, he may appeal to the board of county commissioners for an extension. If sufficient information is given to satisfy the board that the first installment taxes will be paid and that an extension should be granted, the board of county commissioners may grant an extension of time to the taxpayer for payment of the first installment taxes, penalty and interest, not to exceed four (4) months. Otherwise, a warrant of distraint may be issued, served and executed to collect any tax deficiency of a manufactured home owner pursuant to sections 63-1304 through 63-1308, Idaho Code. No extension shall be granted for second installment taxes. [I.C., § 63-307A, as added by 1977, ch. 276, § 1, p. 804; am. 1979, ch. 292, § 1, p. 770; am. 1986, ch. 30, § 4, P. 84.1 Compiler's notes. Section 2 of S.L. 1977, ch. 276 is compiled as § 63-1203. Section 3 of S.L. 1986, ch. 30 is compiled as § 63-117. Sec. to sec. ref. This section is referred to in § 63-1310. 63-307B. Manufactured homes to constitute real property. - A manufactured home, as defined in section 63-307A(a), Idaho Code, may constitute real property if the running gear is removed and: (a) If the manufactured home becomes permanently affixed to a founda- tion on land which is owned or being purchased by the owner or purchaser of said manufactured home; and (b) If the owner or purchaser of a manufactured home records with the ^� county recorder in the county in which the manufactured home will be Isituated a nonrevocable option to declare the manufactured home as real property. (c) The exercise of said option shall require all county assessors to treat those manufactured homes whose owners or purchasers have exercised said option as any other site -built residence and shall permit lending institu- tions to treat said manufactured homes as real property or as any other residence. (d) A manufactured home may be considered as real property for taxa- tion and financing purposes only, and not for any other purpose or purposes whatsoever. [I.C., § 63-307B, as added by 1981, ch. 83, § 1, p. 115; am. 1986, ch. 30, § 5, p. 84.] Compiler's notes. Section 6 of S.L. 1986, ANALYSIS ch. 30 is compiled as § 63-1203. Sec. to sec. ref. This section is referred to Application. in § 44-2102. Legislative intent.