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Cherry Lane Village #3 VAR
The Regular Meeting of the Meridian City Council P Kingsford at 7:30 P.M•: 1 was called to order by Mayor Grant Members Present: Bob Giesler, Ron gylsma, Bert Myers, Max Yerrington: Other Present: W.H. Moore, Norman Fuller, J. Bertetto, Liz Bolts, Paul Rothman, Vern Labernik, Ken Schneider, Sam Briscoe, Raleigh Hawe. K• BeumelerStScket Jo~~'in9PeSara Michaelson, J.J. Howacd, Jim Johnson, Winston Moore, Billy Ray Rohan, JoLynne Gary Lee. Gary Smith, Bill Gordon, Daunt Whitman, Jack Riddlemoser, Wayne Crookston, Ewing, Jack Smith, D'Arlene Stutzman, Scout Troop #129' Chuck Fuller, erry Cavener,= The Motion was made by Yerrington and seconded by Myers to approve the Minutes of the previous meeting held April 17, 1990 with one correction on Page S, as written: Motion Carried: All Yea° tli ht our Mayor Kingsford read a Proclamation declaring May 7 through ~"~Y 11 as "SPo g Schools Week"• ITEM #1: FINDINGS OF FACT & CDNCLUSIONS OF LAW ON VARIANCE REQUEST BY (~'1tRY LANE DEVEIAPMEt7I ~Ry LANE VILLAGE #3: Kingsford: Council members You've had the Findings of Fact & Conclusions of Law are there any questions or comments. Tolsma: The street lights are really not a detriment&t~ hngdeC~iPeio~l~siblysmakeands for a variance. I think we should have the Planning an amendment to the prdinance as such so that w~co~ eitheraorlsituatione~~ on the culdesac lots and possible the street lighting Kingsford: You're speaking to avoid a variance request on that issue in the future- ~ngsford: What about the sprinkler irrigation? Myers: That looks like it's more of a deferment that avariancerequest because we haven't got the procedure set up on that anyway. Kingsford: Could I maybe get you and Ron to work with Jim Johnson S P 6 Z in looking at those Ordinances, please? The Notion was made by Myers and seconded by Tolsma to approve the Findings of Fact and Conclusions of Law for Cherry Lane Development with the exception of the variance request for the pressurized lrzigation system. Roll Call Vote: Yerrington - Yea; Giesler - Abstained; Myers - Yea; Tolsma - Yea: Motion Carried: 3 Yea's and 1- Abstained. ITEM #2: APPROVE PRELIMINARY 8 FINAL PLAT ON CHERRY LANE VILLAGE X13, IF VARIANCES ARE APPROVED: The Motion was made by Myers and seconded by Tolsma to approve the Preliminary 6 Final Plat on Cherry Lane Village N3. BEFORE TSE CITY CODNCIL OF THE CITY OF MERIDIAN APPLICATION OF CHERRY LANE FOR A VARIANCE FROM THE PRESSIIRI2ED FROM THE 70 FOOT LOT FRONTAGE ORDINANCE, AND FROM THE STREET LIGHT FINDINGS OF FACT AND CONCLIISIONS The above entitled vaziance request having come on for consideration on April 17, 1990, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the City Council having heazd and taken oral and written testimony, the City Council of the City of Meridian wades the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled heazing for April 17, 1990, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 17, 1990, heazing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of the public heazing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11-9-612 S. l.b. of the Revised and Compiled Ordinances of the FINDINGS OF FACT 8 CONCLIISIONS OF LAW - 1 - City of Meridian; that this requirement has been met. 3. That the requirements for the Pressurized irrigation System are contained in Ordinance 5-144, 4. That Section 11-2-410 A, Zoning Schedule of Bulk and Coverage Controls, requires that lots zoned R-4 have a minimum street frontage of 70.00 feet and in cul-de-sac lot that minimum is measured at the setback line. 5. That the requirement for streetlights is set forth in Ordinance No. 6. That the Applicant has requested that it be granted a vaziance from the Pressurized irrigiation System Ordinance and be allowed to defer a portion of the pressurized irrigation require- went by installing dry lines at the present time and give the City time to adopt the necessary standazds for construction of the pressurized system. 7. That the Applicant has additionally requested that it be allowed to have smaller lot frontages than 70.00 feet on some of the cul-de-sac lots within a proposed subdivision and in the Application sets forth those lots which the variance is requested. 8. That the Applicant has requested a variance from the steetlight requirements and to substitute in lieu thereof yard lights to be installed on each residential lot in said sub- division. 9. That the authority of ,the Council to grant vaziances is set forth in Section 11-9-612 A.1. FINDINGS OF FACT i CONCLIISIONS OF LAW - 2 - ~~ 10. That before the Council can favorably act upon a vaziance, there must be Findings of Fact that all of the requirements set forth Section 11-9-612 A.2. exist. 11. That the property in question is located within the City of Meridian, Ada County, Idaho. 12. That the property does have available to it, water rights in the Nampa and Meridian Irrigation District. OF LAW 1. That .the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City Council has judged this application by the guidelines, standazds, criteria, and policies contained in the Zoning and Development Ordinances and upon the record submitted to it and the things upon which it may take judicial notice. 3. That the Council may take judicial notice of its own proceedings, those of the commission, governmental statutes, ordinances, and policy, and of actual conditions existing within the city and the state. 4. That the Application for Vaziance from the Pressurized Irrigation System Ordinance ,does not meet the requirements for a vaziance as contained in Sections 11-9-612 of the Development Ordinance and 11-2-419 of the Zoning Ordinance. FINDINGS OF FACT 6 CONCLUSIONS OF LAW - 3 - 5. That it is concluded that the request for variance from the Pressurized Irrigation Ordinance should be denied. 6. That the request for variance from the 70 Foot Lot Frontage Ordinance complies with the requirements for variances set forth in Sections 11-9-612 of the Development Ordinance and 11-2-419 of the Zoning Ordinance, and it does not appeaz that granting that variance would give the applicant an undue advantage over other subdivision developers and that smaller lot frontages in relation to the size of the lots in the subdivision is not out of the ordinazy in modern day subdivisions. 7. That it is concluded the application should be granted as it pertains to the variance from the lot frontage requirement of 70.00 feet, but the minimum lot frontage as measured at the cord length of the radius of the cul-de-sac shall be no less than 40.00 feet_ 8. That the request for vaziance from the Street Light Ordinance meets the requirements for vaziances set forth in Sections 11-9-612 of the Development Ordinance and 11-2-419 of the Zoning Ordinance, and it does not appear that granting the variance would give the applicant an undue advantage over other subdivision developers as such variances have been previously given. 9. That it is concluded that the application should be granted as it pertains to the variance from the Street Light Ordinance with the provision that the yard lights shall be wired directly into the electrical box in the residence without separate switch. FINDINGS OF FACT AND CONCLIISIONS OF LAW - 4 - .' APPROVAL OF FINDINGS OF FACT AND That City Council of the City of Meridian does hereby adopt and approves these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN YERRINGTON VOTED COUNCILMAN GIESLER VOTS[~ COUNCILMAN MYSRS vvrau COUNCILMAN TOLSMA VOTED MAYOR KINGSFORD (Tie Breaker) VOTBq APPROVED: DISAPPROVED: _ THESE FINDINGS OF FACT AND CONCLDSIONS of law were prepared by JACK C. RIDDLEMOSER, tin as Attorney for the City of Meridian on this application. ~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - 5 - MERIDIAN CITY OOUNCIL APRIL 17r 1990 PAGE #2 The Motion was made by Tolsma and seconded by Giesler to approve the Findings of Fact and Conclusions of Law for the Valenti & Timson Rezone. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea: Motion Carried: All Yea: The Motion was made by Myers and seconded by Yerrington to have the Attorney prepare an Ordinance of rezoning for this property. Motion Carried: All Yea: ITEM #2: PUBLIC HEARING: VARIANCE RDQUFST BY CHERRY LANE DEVEIAPMENT: Crookston: I have a conflict of interest on this issue therefore Mr. Riddlemoser will preside during this Agenda Item and the second item, i think it's appropriate that I step down at this time. Giesler: I also have a conflict of interest on this issue therefore I will step down on this issue. Kingsford: I will open the Public Hearingr is there anyone present who wishes to offer testimony on this request. Don Knickrehenr 1403 Mace Rd.r Eagler was sworn by the Attorney. Knickrehen: I represent the developers of Cherry Lane Village. The development was originally a development by New Pacific out of Seattle with conjunction with Mr. Fuller. The City approved the original Master Planr it was a plan that called for the entire development including the golf course. Cherry Lane #3 was actually platted in preliminary plat but it was not developed. Development was postponed because of the economony: Recently times have improvedr Mr. White and his partners have bought out the remaining unsold lots in the subdivision and bought the undeveloped land that was part of the original preliminary plat for #3 and some additional land that will be No. 4 & No. 5 around the Golf Course. They are here tonight to get approval of the No. 3 plat and proceed with that development. The Golf Course has been developed and turned over to the City. Because of the time lapse between the original preliminary plat approval and this current effort to go forward it was suggested that we should seek reapproval of the preliminary plat. The three variances that are before you involve a request for a variance on the pressurized irrigation system, also a minor variance on the City requirement that there be 70 ft. lot frontage and 20 ft. setback from the street with regard to some culdesac lotsr the third item is a request for-variance from the City requirement for street lighter we are requesting an alternative there.. Explained the reasons for the variance requests. Stated that if the Council feels stongly that in the future there need to be pressurized irrigation systems in these subdivisions the developer would be willing to settle for putting in dry lines at this time and then address the balance of the system when the Standards are set up. The lot frontage setback is for the culdesac lots. With regard to the street lightsr we are proposing that there be yard lights in this development. Kingsford: Anyone else from the public who wishes to offer testimony. Stephen Boyerr 3663 Woodmontr was sworn by the attorney. MERIDIAN CITY COUNCIL APRIL 17, 1990 PAGE #3 Boyer: I would like to address the request for variance from street lights. If the proposed subdivision is to have yard lights and that they are to have the automatic on~ffs, that needs to be made a part of the covenants and that it is strictly upheld. The current subdivisions No. 1 6 No. 2 currently have that same requirement, however, currently there is less than 408 compliance with that requirement. The use of yard lights to replace street lights is totally ineffective in the current subdivision. Kingsford: Anyone else present who wishes to testify, being no response, I will close the Public Hearing on the Variance by Cherry Lane Development. Myers: Gary, since you are involved with this pressurized water system, I suspect that this is a similar type thing as what we have had with other subdivision, we could go ahead and approve the variance with the idea that they put in the dry lines at this point, until we get the standards set, is that what your recommendation would be. Engineer Smith: Yes, I think we could follow along the same lines that we did with the Vineyards Subdivision. Tolsma: On that street light variance we just went through that with someone else. Kingsford: We have had street light variance in a number of subdivisions. Myers: Could there be something with the Building Inspector that when he inspects that could be checked also. Kingsford: Mr. Royer, is it your opinion that they just don't turn them on or just not replacing bulbs when they burn out. Boyer: It's a combination of both. Also there are three new houses in Cherry Lane #1 that don't even have yard lights installed and they have been built for over a year now. There is nothing in the covenants of Cherry Lane No. 1 & 2 that gives the homeowners Association any sort of enforcability to see that the yard lights are installed. Knickerhen: I realize that the Public Hearing has been closed but maybe I can address this. We have no objection at all to putting a specific requirement in the covenants requiring the individual yard lights and requiring that they be maintained in working order. Riddlemoser: Who would you propose to see that those covenants were enforced. _ _. Knickerhen: We'd have a provision that any fiomeowner could see that they were enforced. Of course the City could make it a condition. _ The pressurised system is well intended but there is slot of problems and Kingsford: I would suggest that we look at there being an option, under state law we are not allowed to use users fees, or hookup fees to drill wells but I don't think it would be a bad idea if we gave the option that they could either pay a fee that the City would drill a well or that they could provide that pressurized system. It seems to me like there is some real problems that we haven't overcome yet. The Motion was made by Tolsma and seconded by Myers to have the attorney prepare Findings of Fact and Conclusions of Law for .Cherry Lane Development,_for the variance requests- for irrigation systems, 70 ft. lot frontage setbacks,__ and .the street lights in the subdivisions. _ MERIDIAN CITY COUNCIL APRIL 17, 1990 PAGE 114 Motion Carried: All Yea: ITEM 113: PUBLIC HEARING: PRELIMINARY PLAT FOR CHERRY LANE VILLAGE 113: Kingsford: At this time I will open the Public Hearing, is there anyone present who wishes to offer testimony. Don Knickerhen, 1403 Mace Rd., Eagle, was sworn by the attorney. Knickerhen: I'd like to have Gary Lee from JAB describe the subdivision in general. Gary Lee, 1990 Turnberry Way, was sworn by the attorney. Lee: The project itself is approximately 35 acres in size, it consists of 96 single family lots, they all conform to the City Standard size. The development will include public services. All the streets will be improved to ACHD Standards. There was an issue brought up at P & Z level and that was the Woodmont Street being a collector. First of all it isn't really a collector street, it's a fifty foot wide residential street. After discussions with the staff at ACHD, currently Turnberry Way and portions of Interlachen are reaching their maximum capacity, any further development would push it over the edge and exceed the requirement by 80 $, so we do need to have that second access. Keep in mind as the development expands into Cherry Lane No. 4 to the north there will be another point of access on Ten Mile. Knickerhen: Cnce again I'd like to point out that the plat now that is proposed is the same plat that was approved ten years ago. There only seem to be two issues that came up at the P & Z level. Explained a drawing presented to the Council. The fence would be places along Ten Mile. Myers: what kind of a fence are you going to put up there? Knickerhen: A 6 ft. grape stake. Myers: Is there going to be any provisions for maintenance. Knickerhen: There willbe a requirement in the covenants that each homeowner maintain his portion of the fence. _, _. Stephen Boyer, 3663 Woodmoat, was sworn by the Attorney. Boyer: I represent the Homeowners Association of Cherry Lane Pillage No. #1 & NO. 2. _ The homeowners association has through its board developed a position statement for this development, I would like to go through that with you._ Concern is focused-in the following areas: Al - That Woodmont St. not be allowed to be a through street, if Woodmont is allowed to become a through street or collector it will efectively destroy the residential quality of this street, currently there are approximately 150 homes in the existing subdivision and the patrons of Cherry Lane Golf Course utilizing the one entrance-exit to the subdivision. The proposed plan will merely shift the majority of this problem from Interlachen to Woodmont. Voiced concerns about speeding vehicles. At the Planning & Zoning Commission Hearing on March 13, 1990 the developer was directed by that body to with the staff-of ACHD to address these issues of-vehicle speed on Woodmont. To date it does not appear that such contact nor such concerns have. been undertaken. __ The homeowners have gone as far as to draw an alternative design which has been reviewed MERIDIAN CITY COUNCIL APRIL 17, 1990 PAGE #5 by the City Engineer and with the staff of ACRD. This plan has it's faults, but it does indicate that there are alternative designs that can be used to create a solution to this issue so that it can be effectively addressed for the safety and well being of Cherry Lane residents. item #2 - There have been nummerous families with small children move in, currently within the subdivision there are no recreation play facilities or open areas except for the golf course on which children can play. The closest area other than the Golf Course is Fuller Park, however this park is approximately 1/4 mile south of the subdivision and is only accessible via two major arterials Cherry Lane & Ten MIle. Additionally this park is not within easy sight of these streets due to distance and crops that are in the fields. This distance, remoteness and inaccessibility render this facility unacceptable as a place for children to go and play. Item #3- The developer has not expressed any time frames for the time progress of this three phase development. For example when will the first phase start or other estimated dates of concern are the start dates for phases B & C and future expansions and the availability of other access routes to Ten Mile. No. #4 - The landscaping requirements for the cortmon areas of the subdivision are a must. The access from Ten Mile must be adequately landscaped to avoid the potential of the Ten Mile access becoming a no-mans land that currently exists on the Cherry Lane south side of the current subdivision. No. #5 - The proposed subdivision needs to have well conceived enforceable set of covenants, conditions and restrictions and an active mandatory homeowners association. No. #6 - There is no provision currently identified with this development that requests this developer to assist in further development of the golf course. The 96 lots that are proposed in this development are based on an average of $19,000 lot price would equal approximately $1,824,000, of the twenty homes on Woodmont if you averaged them at $90,000 a piece you have 1,800,000. These requests are based on an economic factor of the homeowners that are there, therefore we vould respectfully request that action on this proposal be delayed until such time that these items are addressed and solutions which are acceptable or within reason to be acceptable to the homeowners, developer and to the City. Kingsford: Is there anyone else present to testify. Bruce Murdoch, 1940 Interlachen, was sworn by the attorney. Murdoch: I have been a resident of Interlachen Way for the past twelve years and during that twelve years I've watched the subdivision grow at a tremendous rate and most of the growth seems to be towards the back of-the subdivisians Because of that it has increased the traffic flow on Interlachen tremendously. There.is_two main reasons, the golf course brings in alot of public as well as Ehe-majority of the people that live in the - subdivision live in the back. The second reason is that it has been a main connector, its the only connector going to the back-of the-subdivision righb-now.-_I feel that it is - - -- necessary that we do have the Woodmont entrance off-of Ten Mile as well as the other approved entrances off Ten Mile to accomodate those homeowners that live-in.the back. I feel it would be a big mistake to change the plans considering the traffic flow that we have on Interlachen Way. Kingsford: Is there anyone else fc~n-the public to testify,. John Rada, 3650 Woodmont, was sworn by the Attorney. -- ~ -° -- - - Rada: When I bought out there it was my'understanding that-that was unplatted land and we didn't realize that"that was already'. platted out. I'm-not opposed to having addition... -- to the subdivision, I thing that's°a good thing.-But i-think there is an alternative MERIDIAN CITY COUNCIL APRIL 17, 1990 PAGE #6 way to have the traffic exit onto Ten Mile that we can do it naturally without having slot of traffic and having a high speed through there. I would also like to see somebody extend the Golf Course, that's an asset. We do have a lot of small children out there and it's a very good area to live and I'd like to see it developed but I'd like to see maybe an alternative plan, it would slow the traffic down naturally. Kingsford: Anyone else. Barbara Stotts, 3659 Woodmont Dr., was sworn by the Attorney. Stotts: We are the two lots where the extension of Woodmont is. When we bought out there in August of 1986 we were told by the Realtor that it would not be platted for at least fifteen years and that's why we bought, we have small children. I understand that there has to be another way to come there but I just don't think that Woodmont is the right way simply because we are mostly families with small children. Robert Stotts, 3659 woodmont, was sworn by the Attorney. Stotts: From everything I've heard here tonight it sounds like Woodmont is going to become a Collector's Street and a fifty foot wide Collector street. Woodmont will become the closest entrance to the subdivision should that go through. There is slot of people with small children and I just don't think it should be. Kent Johnson, I own property on Woodmont, Stanwhich & Interlachen, was sworn by the Attorney. Johnson: I just sold a house on Stanwhich about two months ago and the first thing that the people asked me, they have two kids, was what the future plans for the subdivision were. I told them to the best of my knowledge, being aware of Phase 3, that Woodmont was going to be the primary street to Ten Mile, and based on that information they chose the Stanwhich property. No matter what street it's going to be you will effect someone who has children. Stephen Boyer: I just have a couple of personal comments. Nwnber one I have talked to at least five other homeowners who would probably be in the same position as Mr. Johnson who just testified that they will be putting there lots and there homes on the correct lots if this is approved. I agree with Mr. Murdoch comments that a mistake was made on Interlachen, let's no£ make fhe same mistake on Woodmont. I recently received a new issue of Golf Illistrated and there was quite an article in there concerning course owners. Don Knickerhen: Mr. Boyer adressed several concerns some of which I think may be legitimate but some I think are entirely not ligitimate. i anderstand the concerns about traffic on Woodmont, there will be more there, but this also takes a relief from traffic from some of the other homeowners. There was no direction from Planning & Zoning to change the plan, there was discussion about alternative devices that might be considered and the developer indicated that he would be willing to look at those. We would be perfectly happy to have speed bumps if ACHD will allow them.- The speeds_of _ traffic are caused by people that are speeding not by the subdivision. With regard to no recreationalfacilities, I think that is inappropriate, I don't believe its appropriate or lawful for the City Council to require. developers to build parks and dedicate them in return for approving a subdivision plat. Explained further about the landscaping that is to be along Ten Mile Road. We are perfectly willing to have thQ_coyenants say„that it is _. _. a condition that the lights be maintained.- Lastly-with regard~o the .issue of wanting the r~ MERIDIAN CITY COUNCIL APRIL 17, 1990 PAGE #7 C, J developer to build the rest of the golf course, we don't own that land and secondly I think that would be an inappropriate requirement. We would ask for your favorable consideration. Myers: On the park situation, is there any possibility in this phase of the development that you folks could work with the homeowners in 1 6 2 to put together some-.kind of a park plan in there some place. Knickerhen: I don't believe it's an issue that has been addressed. I'm certain that if the homeowners association got together and wanted to acquire sane land we would cooperate with them in doing so and jointly developing it but I don't think we are going to go in and develops a park for everybody else. Myers: The thought that I have is that the kids seem to think that the golf course is a park and its not. If we had a park maybe we wouldn't have the kids out on the golf course. Kingsford: Paul & I have talked about the development of the other nine holes and he has agreed that he will pay for each lot that sales into a fund for the development of the next nine. Gary Lee: I would just like to address the issues on Woodmont and my discussions with ACRD. I did follow up after the P & Z Meeting and discuss speed alternatives on any residential street, Woodmont imparticular. As you know that particular alignment was fairly well established when the golf course was developed. The land was deeded to the City and there was a fifty foot right of way strip remaining for the street. ACRD won't take a stance on the issue of speed, they won't allow speed bumps. I also live on Turnberry, i have small children and we know what it is like to have traffic, but we also know that the original master plan called for future connecting streets none of which are collectors. As far as the alternate methods to help slow the traffic, there really at this point there are no other alternatives because of the land situation. Any changes you make_to the street alignment course would have to be approved by ACRD and they are not going to approve anything with sharper turns, they won't approve 90 degree turns unless it's an intersection. Myers: What's the other route that's going to go into Ten Mile. Kingsford: It goes between third green and fourth tee-box: - - Lee: Explains the accesses. Myers: So eventually when those other phases come rr your going to have another two or three roads coming in off of Ten Mile. Lee: There will be two more roads coming in off of Ten Mile in addition to Woodmont. Kingsford: The master plan was approved in 1979 so it's been something that has been available at the County Recorders and here at City Hall all those years. Anyone else from the Public, see none, I will close the Public Hearing. Myers: What is your time element on Phase 3, 4, &`5? Knickerhen: In terms of specific time frame to develop them, literally if we can get three sold out this year, we'll move forward with four. MERIDIAN CITY COUNCIL APRIL 17, 1990 PAGE #8 Kingsford: Pending the Findings of Fact and Conclusions of Law at the next meeting that issue would be determined at that time, I would like to express thanks to all of you that offered testimony. ITEM #4: PUBLIC HEARING: REZOA'E REQUEST BY W.H. MOORS: Kingsford: Winston Moore will you please come forward. Winston Moore, 11665 Thomas Drive, Boise, was sworn by the Attorney: Moore: I am the applicant for a rezone of 5 acres which is a portion of approximately a 22 acre parcel that I own. Approximately at the southeast corner of the Meridian Interchange. The purpose of the rezone is to allow us to proceed with development and construction of a facility for Arnold Machinery Company. Arnold Machinery has been ih business for approximately 60 years and have had a presence in Boise for the past thirty years. Due to an oversight on the part of our architect, when his office provided the City Clerk with a list of names stating who should legally receive notice of the Planning & Zoning Hearing considering this matter, inadvertently one or maybe two names were left off. I believe that this puts you in a position that you can not make a decision on my rezone tonight, is this correct. As i understand it I have two alternatives one is to reinitiate or reapply for a rezone which will take two to three months, or if the folks who were not noticed would agree to sign a waiver of notice, they would not loose there chance to testify. The developers of Meridian Greens, Glenco I believe is the name which I also believe is owned by Glen Scott 6 Norm Fuller and I have talked with these gentlemen and discussed the possibility of their signing such a waiver and there not inclined to do that prior to this meeting but I've also had an opportunity to meet a representative of the Meridian Greens Homeowners, a Mr. Larry Borteto and we have tenativly scheduled a meeting with the homeowners on Thursday on next week at which time I would present in great detail the project. After meeting with the homeowners then Mr. Fuller, Scott or Glenco might consider signing the necessary piece of paper that would allow you folks to give me a decision. If you were to defer an action on this for two weeks until your next scheduled hearing - I would offer a request to defer action on this until the next regular scheduled meeting. Kingsford: I think that is appropriate. We have noticed it for Public Hearing so certainly for those people that got the proper notice we will want to except that .Public testimony ai this time. I'd recommend to the Council that we do continue this matter until the next meeting. Crookston: I think it would be appropriate to have some presentation of the circumstances and the need for rezone at this time for two reasons, one if anyone from the public wants to testify they can have an opportunity to see what you propose and secondly that if the waiver is obtained then we wouldn't have to do it again necessarily. Kingsford: I think that that is appropriate for you to make a presentation at this time. Moore: The rezone request is for five acres which is located south of Overland Road, north on the freeway approximately 135 yards west of the Western States Dealership. The reason for the rezone is that it ds now zoned CC, but it takes either a CG or an IL. I have with me tonight to answer any questions Billy Strite, Project Architect b David Roylance, Project Engineer, we have the manager of the Boise Arnold Machinery present also. Also the general contractor is here Neil Russell. COMMENT S 1; Building Department: No Garments; VP.RiANCE REQUEST CFIERRY LANE VILLAGE #3 2: Police Department: City Street Lights are brighter and a greater deterant: 5 ~ m ~ O ~ ~ ~ ~ n ~ ~~r• ~ t7 t* _ ~ ~ y ~pR~p~r yr~ q R ~ -~ r. r. K ~S ? N ~i N ~ ~ n 7 i6 ~¢ ~ n n ~ ~ ~ M, ~ r. ~bo' D~ ~ ~ m w ~ or ~ $ n N P C. p~ .. ff p ~ 7 yy ~ 1'f n P r ,V7 7~ b Z ~ ~ ~ a ro-"' Y ~ W R ,• P R N ~~ a ~ n ~ ~~ ~ v ~ ~ .~ ~ M ~ ~~ ~ H HH ~ C r N l0 N O O~ r 0 ~ ~~~O N ~~ M H C+'1 ~ O r. ~ ~r ~ H w H Hi K ~ J ~ ~' n 0~ C ~C ~'! ~C ~ ~ ` ~ H j~yj ~ ~ N yy k~ ~j R 8 r g Ui ~ rn Vii ~ ~ ~ f~l H ~ ~ ~' ~ ~+ ~ ~yHi H~ y M ~ d n F~~'2~y ~ µ r R lP R •. M O ~ ~ ~ ~ ~ rt ~ O I ~ ~ O ~T~.~I ro $~ ~~ ~~ K KT ~m ~~ ~~ K7 W ~r r ~~ K Iillll~lilll 8 ~ ~ o ~ ~ ~ ~ .7 r f) Y N M- ~pW R Ki ~i rip ~ ~ H R~ E M r WW '{{~+ W ~' ~o w o $ ~~Df ~ 6 r O R ~ r ~ _ ~._ r m ~ K ~- ~ ~ ~ ~ R ~~ ~rt ~- M w • ~• P r r IaT N n g v K K K IIII I r ~ K ~~~~ R ~~ rt ~r n -~ ~ ~ u r ~ ~ R ~ ~ ~ ~ ~ ~ ~ ~ ~ ~- M d Q po po N(ivyy ~~ n ~ ~ ~ M ~7 ~ ~J "0 C r R m K ```~~~444 ~ ~' C . rn r ~ ~~ ~ ~ ~ 8 ~~~~~ M ~ w ~' a ~~~~~ ~~ ~~ ~ ~~ yHy ~-C r a r J r O 4 b ~~ !~ N r 0 Z n M M r ~w ~~ ~~ ro~~ ~'~ ~~',~~~~~~,~ ~,~~~ ~~~ ~~~~ a ~~ ~~ ~~ ~~sE~~~~~~ ~y~e~s ~~~~~RF~+ ~~~~~ ~~a5Q4 iG~! m n n O. Uo ~• K q 7 ~ ~ '7 ~7 ~ ~~pna ~ tno ~rj ~ n 'A ry our. G • n~ a N N• r n ~ ~ mrt ~ 'C ~ 6i O O~ Y OO K Q ~r •p h_f tar rHt n E M r 1rp ~' i5eK GGROOf ~~-++ -4 7 ~• NWT r• K ~ ~ N tr t'1 g• N v a r rar r~• ~ n - ^ r• ~ ~' 9 m N ~ ~ rmr f r fn L+• R+ ft O ti g 9 a ~ ~ ~ K n a+ ~ r m :r ~ ~ n .. ~ ~ ~ a ~ ~ m r a ~ rai % G '~ ~ H ~~ ~ ~ ~ d v H~y7 ~" • • ~+ 2~+ CF] H C r H lb N O 01 r 0 HH~U1 ~~~j ~ ~i ~ C+] •C 1GpO K ~ ~ ~ n H O Lei ~„~ ~rrJ~~~~ ~ G ~ ~ fD M ~ ~ y Z. v ~~yy rR C K ~~~~~~ won ~ ~ ~ ~ ~ r B. ~ ~ r ~~ro o QQ.. K ~ oo.. ~ ~~ o0 m ~,, ~~ J-U-B ENGWEERS, INC. 250 South Beechwood Avenue, Suite I • Boise, Idaho 83709 • Telephone (2081 376-7330 March 26, 1990 Mr. Jack H. Niemann, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Re: Request for Variances for Cherry Lane Village No. 3 Subdivision at Ten Mile Road and W. Cherry Lane Dear Mr. Niemann: Pursuant to the procedures outlined in the City of Meridian, Idaho Zoning Ordinance, Cherry Lane Development, hereby requests that a certain parcel of land as described in the attached Variance Application and as submitted as a Prelim- inary & Final Plat to the Planning and Zoning Commission be given consideration for the variances as requested. The 35-acre parcel of land is situated at the northwest corner of Ten Mile Road and W. Cherry Lane and is bound to the north, south and west by Cherry Lane Village No. 1 and 2. It is currently planned to be a residential subdivision known as Cherry Lane i/3. The present land use of the property is golf course and vacant. The proposed land use will be residential in accordance with the R-4 Zone Designation. It is the intent of the owner to develop residential lots meeting the R-4 standard. The variance request is in three parts: (1) a request is hereby made to defer the construction of a portion of the irrigation system improvements; (2) a request is hereby made to allow smaller frontages For the cul-de-sac lots than the City's 70-foot minimum at the proposed 25' setback line; and (3) a request is hereby made to allow individual yard lights in lieu of city street lights. The Following is a discussion of each request: (1) Since the requirement for a separate irrigation system is in its infant stage in the City of Meridian, we propose that "dry line" irrigation pipes be placed in Phases 1 and 2 of Cherry Lane 113 subdivision. At present count, this would include approximately 75 to 90 lots. When the third phase of construction commences, we would propose to construct an irrigation diversion structure, transmission pipeline and pumping facilities at the southeast corner of the subdivision that will service the entire development. The purpose of this request is that it would give the City time to evaluate and plan a City-wide irrigation system that could ultimately be tied into the Cherry Lane 113 system. The irrigation system would function better with 75 users than during the early phases which would have a limited number of users. Therefore, this request is more of a deferral of some of the required irrigation improvements than one of a variance. ' J-U-B ENGI NEERS. 1 NC~ 250 South Beechwooo Avenue, Sulte I - Boise, loaho /~ Mr. Jack H. Niemann, City Clerk March 26, 1990 Page 2 (2) The second request for variance is a reduction in the required 70-foot frontage as measured at the proposed 25-foot setback line for the lots shown on the final and Preliminary Plat of the Cherry Lane It3 and identified as follows: Scioto Place: Lots 17, 18, & 19, Block 12 Doral Court: Lots 35, 36 6 37, Block 12 Tupelo Place: Lot 47, Block 12 Woodmont Drive: Lots 16, 17, 18, ~ 19, Block 13 Aronimink Way: Lots Lot 8, Block 13 and Lot 9, Block 14 As shown on the Preliminary 6 Final Plat, the above identified lots are all cul-de-saS lots and Flag lots. Each lot is quite large, as indicated, with areas exceeding 10,000 square feet. Typically, the deeper into a cul-de- sac lot, the wider it becomes. These lots range in depth from 95 feet to 125 feet. We believe that the typical home builder can construct a sizeable home on these lots as planned without being hindered by the narrow lot frontage. In addition, the developments in the Boise City area will allow lot frontages as small as 30 feet. The Flag lots have a minimum of 30' frontage. If this variance is not granted, the developer would be forced to lose a certain number of lots to maintain our original concept plan. It would also force the cul-de-sac lots to be exceptionally large, typically 12,000 to 14,000 square feet. (3) The third request is to allow for yard lighting in lieu of city street lights. The current Cherry Lane Village No. 1 and No. 2 have been installed with yard lighting that is implemented by the restrictive covenants and required by each lot owner. The developer wishes to maintain the integrity of this lighting concept throughout the Cherry Lane Village development. The owners have indicated that payment of all costs incurred by the City in processing the variance request including engineering, publication and attorneys fees will be paid in full by Cherry Lane Development. In addition, the owners have indicated that they will post said property one week before the scheduled hearing date in accordance with the City of Meridian Zoning Ordinance. We appreciate the opportunity to submit this Variance Request. Thank you for your consideration. Respectfully Submitted, J-U-B ENGINEERS, Inc. "\~r~y~Le~~ S . GAL:Is CITY OF MERIDIAN 728 Meridian St. Meridian, ID 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance NAME' Cherry Lane Development, A Partnership PHONE 345-0322 Owner or holder of va id option ADDRESS' P•0. Box 2212, Boise, Idaho 83701 GENERAL LOCATION' Northwest comer of N. Ten Mile Road & UI. Cherry Lane LEGAL DESCRIPTION OF PROPERTY: See Attached Legal Description PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATIONL R-4 VICINITY SKETCH: A vicinity map at a scale approved by the Mayor showing property lines, streets existing and proposed zoning and such other items as the Mayor may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within contiguous to, directly across the street from, and within a 300' radius of the parcel (s) proposed for a Variance must be attached. (This information is available from the County Assessor.) DESCRIPTION OF PROPOSED VARIANCE: (1) Deferral of a portion of the irrigation system improvements; (2) reduction in the minimum 70' lot frontage at the proposed 25' setback line for the cul-de-sac lots; and (3) allow use of yard Date Received City Council Hearing Date Received By G1TY COUNCIL RECORDS REQUIREMENTS: VARIANCE Attach a site plan showing all details of the proposed development, Complete the following questions and return with the application. 1. What is intended to be done on or with the property? (a) Construct balance of irrigation facilities in Phase 3 (b) Reduce some of the cul-de-sac lot frontages below standard and addition of a few flag lots. (c) Install individual yard lighting, 2. What special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands. structures, or buildings in the same district? (a) Deferral of irrigation facilities would allow the City to develop standards and policies-for residential irrigation. (b) Standard lot sizes average 8,000 s.f.; reducing the cul-de-sac frontage requirement would keep these lots from becoming excessively large. (c) Previous Cherry Lane Village developments have been accepted with yard 3. Why will a literal interpretation of the provisions of lighting. this ordinance deprive you of rights commonly enjoyed by other properties in the same district under the terms of this ordinance? (a) Currently, there are no established standards or direction to implement the new irrigation ordinance. (b) A 70-foot frontage on cul~de-sac lots would force the developer to lose a number of lots to satisfy the requirement. (c) Cherry Lane No. 1 & 2 were installed with yard lights• 4. What special conditions or circumstances exist that were not a result of your actidns? (a) We are one of the first developments to be subject to the irrigation requirement. (b) Cul-de-sac lots are typically larger in area than standard lots. A reduction in these frontages would maintain a reasonable size lor. (c) Lighting ordinance was imposed. 5. Why will the granting of this Variance not confer on you any special privilege that is denied by this Ordinance to other lands, structures, or building in the same district? (a) Ultimately, during Phase 3, the subdivision will have a functional irrigation system per the ordinance. (b) Reducing the cul-de-sac lot frontage to the dimension shown will not reduce the lot area to less than 10,000 square feet. Therefore, the total buildable area would still be significant. (c) Lighting will still be provided by the lot owner. APPLIGTION AND STAIIDARDS POR VARIANCES A variance from the tends of this ordinance shall not be granted by the Council unless and until a written application for a variance is submitted to the Admiaistrator and the Council containing, where applicable. (Application available fry Administrator.): 1. Address of subject property; ' 2. Name, address and phone number of applicant; 3. Name, address and phone number of owners of subject property; 4. Proof of ownership or valid option on the propertp or a contract interest therein with consent of the titled owner; 5. Legal description of subject property; 6. Present use of subject property; 7• What is intended to be done on or with the property; e. The district that pertains to the subject property; 9. Vicinity map at a scale approved by the Council shoving property lines, costing streets, proposed district and such other items as may be required; 10. Schematic building plans which usdicste typical elevation and floor plan of anp proposed construction; 11. A list of the mailing addresses of all property owners (from authentic tax records of 8da County) within three hundred (3.00) feet of the external boundaries of the land being considered and a listing of the mailing addressea of all property owners within the area of the land being considered; 12. Characteristics of subject property which prevent compliance with the requirements of this Ordinance; 13. Hinimum requirements of this Ordinance that need to be reduced to permit proposed use; 14. Difficulty or hardship which would result if requirements of this Ordinance were applied to subject property; 15. Unusual or peculiar circumstances which indicate that regulations of this Ordinance should not be strictly complied with; 16. Statement that special conditions and cirewastances exist which are peculiar to the land, structure or buildings involved and which are not applicable to other lands, structures or buildings in the same district; rr • • (2) 17. Statement that a literal interpretation of the provisions of this Ordinance shall deprive the applicant of rights commonly enjoyed by other properties in the same district under terms of this Ordinance; 18. Statement that special conditions or circumstances exist that were not a result of the applicant's action; 19. Statement that granting the variance requested shall not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district; 20. Relationship of the proposed variance to the Meridian Com- prehensive Plan; 21. A fee established by the Council; 22. A statement from the titled owner that he grants a lien to the City to secure the payment of all coats of the City incurred in processing the Variance application including engineering, publication, and attorneys coats and fees. 23. The property will be posted 1 week before hearing stating they have applied for a Conditional Use Permit or Zoning. There must be a signed affidavit that this has been done. as part of the application. • ® J-U-B ENGINEERS, INC. 250 South Beachwood Avenue, Sulte I • Boise, Idaho 83709 • Telephone (208) 376.7330 March 26, 1990 Mr. Jack H. Niemann, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Re: Request for Variances for Cherry Lane Village No. 3 Subdivision at Ten Mile Road and W. Cherry Lane Dear Mr. Niemann: Pursuant to the procedures outlined in the City of Meridian, Idaho Zoning Ordinance, Cherry Lane Development, hereby requests that a certain parcel of land as described in the attached Variance Application and as submitted as a Prelim- inary S Final Plat to the Planning and Zoning Commission be given consideration for the variances as requested. The 35-acre parcel of land is situated at the northwest corner of Ten Mile Road and W. Cherry Lane and is bound to the north, south and west by Cherry Lane Village No. 1 and 2. It is currently planned to be a residential subdivision known as Cherry Lane 1i3. The present land use of the property is golf course and vacant. The proposed land use will be residential in accordance with the R-4 Zone Designation. It is the intent of the owner to develop residential tots meeting the R-4 standard. The variance request is in three parts: (1) a request is hereby made to defer the construction of a portion of the irrigation system improvements; (2) a request is hereby made to allow smaller frontages for the cul-de-sac lots than the City's 70-foot minimum at the proposed 25' setback line; and (3) a request is hereby made to allow individual yard lights in lieu of city street lights. The following is a discussion of each request: (1) Since the requirement for a separate irrigation system is in its infant stage in the City of Meridian, we propose that "dry line" irrigation pipes be placed in Phases 1 and 2 of Cherry Lane li3 subdivision. At present count, this would include approximately 75 to 90 lots. Hhen the third phase of construction commences, we would propose to construct an irrigation diversion structure, transmission pipeline and pumping facilities at the southeast corner of the subdivision that will service the entire development. The purpose of this request is that it would give the City time to evaluate and plan a City-wide irrigation system that could ultimately be tied into the Cherry Lane I13 system. The irrigation system would function better with 75 users than during the early phases which would have a limited number of users. Therefore, this request is more of a deferral of some of the required irrigation improvements than one of a variance. J-U-B ENGI NEERS. I N~ zso scum 9eecnrooa nw~~a, sue i - eo~~, ia.no Mr. Jack H. Niemann, City Clerk March 26, 1990 Page 2 (2) The second request for variance is a reduction in the required 70-foot frontage as measured at the proposed 25-foot setback line for the lots shown on the final and Preliminary Plat of the Cherry Lane ll3 and identified as follows: Scioto Place: Lots 17, 18, & 19, Block 12 Doral Court: Lots 35, 36 fi 37, Block 12 Tupelo Place: Lot 47, Block 12 Woodmont Drive: Lots 16, 17, 18, fi 19, Block 13 Aronimink Way: Lots Lot 8, Block 13 and Lot 9, Block 14 As shown on the Preliminary fi Final Plat, the above identified lots are all cul-de-sac lots and Flag lots. Each lot is quite large, as indicated, with areas exceeding 10,000 square feet. Typically, the deeper into a cul-de- sac lot, the wider it becomes. These lots range in depth from 95 feet to 125 feet. We believe that the typical home builder can construct a sizeable home on these lots as planned without being hindered by the narrow lot frontage. In addition, the developments in the Boise City area will allow lot frontages as small as 30 feet. The Flag lots have a minimum of 30' frontage. If this variance is not granted, the developer would be forced to lose a certain number of lots to maintain our original concept plan. It would also force the cul-de-sac lots to be exceptionally large, typically 12,000 to 14,000 square feet. (3) The third request is to allow for yard lighting in lieu of city street lights. The current Cherry Lane Village No. 1 and No. 2 have been installed with yard lighting that is implemented by the restrictive covenants and required by each lot owner. The developer wishes to maintain the integrity of this lighting concept throughout the Cherry Lane Village development. The owners have indicated that payment of all costs incurred by the City in processing the variance request including engineering, publication and attorneys fees will be paid in full by Cherry Lane Development. In addition, the owners have indicated that they will post said property one week before the scheduled hearing date in accordance with the City of Meridian Zoning Ordinance. We appreciate the opportunity to submit this Variance Request. Thank you For your consideration. Respectfully Submitted, J-U-B ENGINEERS, Inc. GAL:Is CENTRAL •• DISTtICT ~ill'HEALTH Retum to: DEPARTMENT RC ^ Bpjge REVIEW SHEET Mqy E-vg~ ^GardenCity CITY 2 1983 *~Meridian Rezone # QF Pot@~fDfglV ^ I<una Conditional Use # Preliminary/FinaVShort Plat _ ~ ~~,r~cy .~9,xig / !~'e~ ~J~• T ^ ADZ ^ 1. We have no objections to this proposal. ^ 2. We recommend denial of this proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this proposal ^ 4. We will require more data concerning soil conditions on this proposal before we can comment. ^ 5. Before we can comment conceming individual sewge disposal, we will require nave data concerning the depth of ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can approve this proposal for individual sewage disposal to be boated above solid lava layers: ^ 2 feet ^ 4 feet ® 7. After written approval from appropriate entities are submtted, we can approve this proposal for: Central sewage ^ Community sewage system ^ Community water well ^ Interim sewage ® Central water ^ Individual sewage ^ Individual water ® 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Ernironmental Quality: © Central sewage Community sewage system^ Community water ^ Sewage dry lines ~ Central water 9. Street runoff is not to create a mosquito breeding probelm. ^ 10. This department would recommend deferral until high seasonal ground water can be determined 'rf 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 reiew for any: ^ 13: ^ Food establishment ^ Swimming pools or spas ^ Beverage establishment ^ Grocery store ^ Child Care Center CDHD 10-91 rob ~~ DATE: ~S-~/0~`/~ ./' Reviewed by: a March 26, 1993 Mr. Paul White Cherry Lane Development, Inc. PO Box 2212 Boise, Idaho A3701 RE: Contribution Golf Course Fund Cherry Lane Village q3 Dear Paul: 1 According to the City records there have been 47 building permits issued for Cherry Lane Village M3, /~-~- d "~''"I ~Gto Yr. c~ J u~ (o u "- ~~~. U~ ~ ~w Wtiau-~ ~.~ ~ ~)acc( ~ 7 r f (~NL~ ~~ ~ '. bV~ ~ Seu~P nlo~ ,., I~~ ~ ~ l(.a~.~•N, f-. CITY OF MERIDIAN "Hub of 1Faasun Vallsy" 33 E Idaho Maddian, Idaho 83ff42 f188~4A33 !customers a_`l Order No. Date 19 Name ~ Address Phone. SOID 8Y CASH C-0D. CHNNdI ON ACCT MpSt. REiD. VFID OUL ~~ ~ ~ i- a71- to ' ~e.._ N k~ ' -- - --- - -- 1 ~y ~ ~:a An Y-~ s ' . n . / [[~~ , ~ Q/ r L N II ~ ~ ~~,,j,/!~ / (/ - ~r i . p 1 ~ I i 1 I ~ ~ ~,~ W~'1~ ~~ TAX ' (U~ Q U J~ I~ BYcervea TUTAL OQ ~ cs-ws ~ ~ ~-..,~ n n e YRiNiE01M u5~ vJ`-I~lf~I~ E7w •i . ~ ~ ~ .~ _. ~~- J U B ENGINEERS, INC. 5903 Franklin Road Boise, Idaho 83705 .Telephone: (208) 336-5850 February 15, 1979 Mayor Don Storey and City Council City of Meridian 728 Meridian Street Meridian,. Idaho 83642 Dear Mayor Storey and Council: I am submitting with this letter thirty (30) copies each of the required documents for submittal of the tentative plat for Cherry Lane Village No. 3. We request that this subdivision application be heard at your Planning and Zoning Commission meeting scheduled for March 12, 1979. NuPacific Company, the Developer of Cherry Lane Village, is obligated to either purchase the property included within Phase 3 of this development or drop their option on April 1, 1979. The final decision on this matter rests with the Board of Directors of NuPacific Company .who. are scheduled to meet in the latter part of March to make the final decision as to whether to proceed with the purchase of this phase of the Cherry Lane Village project. Because of the slow housing market, Mr. Leavitt feels it is of utmost importance to obtain tentative plat approval of this phase of the development before going before his Board of Directors to obtain their approval for this purchase. The City's normal scheduling would place the City Council hearing for this development on April 2, 1979. We respectfully request the City expedite considera- tion of this matter and hear the tentative plat before the Meridian City Council on March 19, 1979. This gives the Council a time period of four and one-half (4-1/2) weeks between the submittal date and-the Council hearing within which the Council Members and Department Heads will. be able to review the tentative plat. We will be most happy to cooperate with the City in any possible means by answering questions, meeting with the City, and/or hand carrying whatever docu- ments necessary to expedite this matter. We are requesting the following variances to the Meridian City Subdivision and Building Code Ordinances: ENGINEERING-PLANNING-SURVEYWG U-B ENGINEERS, INC• 5903 Franklin Roao • 6olw, iaano e37os Mayor Don Storey b City Council -2- February 15, 1979 1. We request variance to Paragraph VI 3.b. of the Subdivision Ordinance requiring that block length shall not exceed 1,000 feet. We request this variance for Blocks S, 11, 12, 13 and 14 of this proposed subdivi- sion. 2. We request variance to Paragraph VI 4.c. of the Subdivision Ordinance requiring that double frontage lots be prohibited except in unusual topography or other conditions. We request this variance for Lots 3 through 6, 8 through 9, and 17 through 18 of Block 14 and Lots 3 through 10, Block 15. These lots will have frontage on an interior street and will be backing to Ten Mile Road. This is a requirement of the Ada County Highway District. 3. We request variance to Paragraph•VI 4.d. of the Subdivision Ordinance requiring that all remnants of lots below minimum size be included within other lots. We would request that the City allow substandard Lot 4, Block 17 to be platted as shown. An easement will be granted across this property for the Kent and Mary Barney home, which is an exception to this subdivision. By platting this•as a separate lot, it will make the possible transfer of this property to Mr. Barney at some future date more easily accomplished. It is possible that some means may be discovered to effectively eliminate this substandard lot with- out compromising the street layout during the final plat preparation. We would wish however, at this time, to .leave this option open as shown on the tentative plat. 4. We request variance to the building code to allow zero lot line dwell- ings to be constructed on Lots 20 through 32, Block 11 and Lots 18 through 30, Block 13. We would greatly appreciate your cooperation in this matter, and stand ready to answer any questions you might have at any time. Sincerely, J-U-B ENGINEERS~nc. ` r uge W. Wright EWW:dm cc: Leavitt NuPacific Sumner M. Johnson, P.E. ..,. j' j' ~~ , ----»~ ,~ - -- ____ ~~ ----~ - _-- -- - /XQli Y ltt~- - ---- -~' --- -- ~ , ----------+a ---- --------- _- -~~ - i ~ - lr~'o° ''N --E--=1-'"~-:'-~J'-_1~.._l~S. sue"" -- ~ ~ , _ ~t ~~ - -- _ -- - --- __- - -- _ rr ~ / '. 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