Request for Reconsideration for FignutRONALD W. VAN AUKER
3084 East Lanark
Meridian, ID 83642
208-887-7994
208-887-7998 Fax
June 30, 2009
Mayor Tammy DeWeerd
Meridian City Council
33 East Broadway Avenue
Meridian, ID 83642
Re: Request for Reconsideration of AZ-08-015, RZ-08-009, PP-08-012
Dear Mayor and City Council:
I hereby request that you reconsider the conditions of approval for the above
referenced applications. The reason for the request is the-Cross Access
Easement requirement across the subject property from the proposed Birddog
Lane and the Maverik store at the corner of Locust Grove Road and Overland
Road.
This requirement is asking me as the property owner to give away my "product"
without compensation. My company sells lots and we lease buildings which we
build on lots which we develop. This is how our company makes money and
affords to employ the company employees. If a person or company needs land
or access across our land, we charge them for the land or the use of the land.
Maverik is leasing 1 acre of land from Wrinkleneck Partners, LLC at the corner of
Locust Grove and Overland Road. Our company controls Wrinkleneck Partners,
LLC. The ownership of the corner lot is not in common with the ownership of the
surrounding land which is the Fignut Subdivision. When the lease with Maverik
was entered into, Maverik fully understood the access to the 1 acre portion of the
1.82ac parcel which they lease. There were meetings with Bruce Mills and Gary
Inselman of ACHD to discuss the possibility that access would be restricted at
both Overland Road and Locust Grove in the future. The Locust Grove access
point was full access. The Overland Road access point was full access in, but
right turn only out. Maverik fully understood that the access points could be
further restricted in the future. Maverik chose to enter into the lease. There is no
requirement or condition in the lease which addresses additional access to the
parcel.
Page Two
Mayor and City Council
City of Meridian
June 30, 2009
Access to stores is an issue Maverik deals with in every one of its locations.
Maverik prefers two full access points. If in the future, Maverik feels the need to
have additional access, they will approach the adjoining owner and negotiate
additional access. This is very common in the real estate business. We intend
to approach Maverik in the future about additional access. They may or may not
want additional access. That is their decision. In my view, it is not the
responsibility of the City of Meridian to mandate additional access to the Maverik
store. What other 1 acre parcel in the valley requires three access points? This
requirement is not reasonable and interferes with commerce. The City of
Meridian is overreaching in this requirement which goes beyond the scope and
responsibility of the city government
I ask that you remove this cross
above referenced applications ~
the Maverik condition and approve the
requirement.
Thank you for
~~y~~
n Auker