HomeMy WebLinkAboutZenor, Samual RZNOTICE 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 17, 1991, for the
purpose of reviewing and considering the Application of SAMUEL W.
ZENOR for- a rezone of Lot 4, Block 2, Niddays 2nd Addition, Ada
County, Meridian, Idaho, from (R-4) Residential to (LO) Limited
Office, for development of an insurance office. The address for
the above property is known as 1233 N. Meridian Rd., Meridian,
Idaho.
A more particular legal description is on file in the office
of the City Clerk of the City of Meridian and is available upon
request.
public comment is welcome an will be taken and heard.
DATED this/� day of em C -r— , 1991.
JACK INIE'M'AW, CITY CLERK
G
August 31, 1992
MAYOR
COUNCIL MEMBERS
ATTORNEY
1-1
I received a call from Mr. Sam Zenor this date at 1:15 p.m and he
advised he had received the letter from the City Attorney regard-
ing the paved parking at his location on Meridian Road. He
advised that the fencing was up and that he had contracted to have
the parking lot paved. The contractor advised it would be about
six weeks before they could do thejob.
Sam Zenor
1233 North Meridian Road
Meridian, Idaho 83642
RE: REZONE AT 1233 N
Dear Mr. Zenor:
August 26,
MERIDIAN ROAD
1992
TELEPHONE 888+461
AREA CODE 206
(� a
I have been instructed by the City of Meridian, in my capacity
as City Attorney, to correspond with you regarding the construction
and paving of a business parking lot located at 1233 N. Meridian
Road, Meridian, Idaho.
To date you have not constructed and paved the parking lot at
your business located at the above address. Pursuant to the
Findings of Fact and Conclusions of Law, regarding your rezone
application, you were to meet the conditions in the Planning and
Zoning Commission's Findings of Fact and Conclusions of Law, which
was the construction and paving of your business parking lot. The
parking lot shall be structured in the rear of your property and,
as well, screened from view of the adjacent properties, and to date
this condition has not been met.
THEREFORE, DEMAND IS HEREBY MADE UPON YOU to construct and
pave your business parking lot located at 1233 N. Meridian Road,
Meridian, Idaho.
If the paving is not completed on or before September 15,
1992, the City of Meridian will have to exercise its authority and
suit will be instituted against you to correct this matter, which
would include the retraction of authority to conduct business
there.
AMBROSE, FITZGERALD & CROOKSTON
ATTORNEYS AND COUNSELORS
1530 WEST STATE - C O. BOX 424
MERIDIAN, IDAHO 83642
ORANT L. AMBROSE (19154968)
JOHN O. FITZOERALD, P.A.
THIS FIRM INCLUMR
WAYNE O. CROOKSTON. JR., RA.
PROFESSIONAL C, RPORATONS
WILLIAM J. SCHWARTZ
Sam Zenor
1233 North Meridian Road
Meridian, Idaho 83642
RE: REZONE AT 1233 N
Dear Mr. Zenor:
August 26,
MERIDIAN ROAD
1992
TELEPHONE 888+461
AREA CODE 206
(� a
I have been instructed by the City of Meridian, in my capacity
as City Attorney, to correspond with you regarding the construction
and paving of a business parking lot located at 1233 N. Meridian
Road, Meridian, Idaho.
To date you have not constructed and paved the parking lot at
your business located at the above address. Pursuant to the
Findings of Fact and Conclusions of Law, regarding your rezone
application, you were to meet the conditions in the Planning and
Zoning Commission's Findings of Fact and Conclusions of Law, which
was the construction and paving of your business parking lot. The
parking lot shall be structured in the rear of your property and,
as well, screened from view of the adjacent properties, and to date
this condition has not been met.
THEREFORE, DEMAND IS HEREBY MADE UPON YOU to construct and
pave your business parking lot located at 1233 N. Meridian Road,
Meridian, Idaho.
If the paving is not completed on or before September 15,
1992, the City of Meridian will have to exercise its authority and
suit will be instituted against you to correct this matter, which
would include the retraction of authority to conduct business
there.
If action has to be taken against you any and all attorney
fees and costs, will be assessed to you.
It is sincerely hoped that litigation in this matter can be
avoided as it is certainly not in your best interest to go through
these proceedings. I hope that the construction and paving will
be completed on or before September 15, 1992.
Very truly yours,
WGC:msg WAYNt G. CROOKSTON, JR.
cc: Jack Niemann
MERIDIAN CITY COUNCIL
JANUARY 7, 1992
PAGE 2
ITEM #3: ORDINANCE #566. ORDINANCEPROPERTY AT 1233 N.
MERIDIAN ST.: _
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 sec clad by Myers. .that the rules
and provisions of 50-902 and all rules and provisions requiring
that Ordinances be read on threedifferentdays be dispensed with
and that Ordinance #566 be passed and approved.
Roll Call Vote:,-Yerrington - Yea; Giesler - Yea; Tolsma - Yea;
Myers - Yea;
Motion Carried: Ail 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 #l: SWEAR IN NEWLY ELECTED OFFICIALS:
Clerk Niemann: Read oath to newly Elected Officials. (Mayor
Kingsford, Max Yerrington, Bob Corrie)
MERIDIAN CITY COUNCIL
JANUARY 7, 1992
PAGE 3
ITEM #2: ELECT COUNCIL PRESIDENT:
The Motion was made by Giesler and seconded by Yerrington to elect
Ron Tolsma as Council President:
Motion Carried: All Yea:
Kingsford: Next is to reappointment all the Department Heads -
Chief of Police, City Clerk, Treasurer, City Engineer, City
Attorney for another year with the approval of the Council.
The Motion was made by Giesler and seconded by Tolsma to approve
the appointment of the Department Heads.
Motion Carried: All Yea:
Kingsford: The next item - we have a Commissioner who's term has
expired and he has agreed to serve again. Charlie Rountree's term
on Planning & Zoning has expired and I'd like to reappoint him for
a six year term.
The Motion was made by Tolsma and seconded by Giesler to approve of
Charlie Rountree for another six year term.
Motion Carried: All Yea:
ITEM #3: FINAL PLAT ON FENWAY PARK SUBDIVISION:
Giesler: I'd like to ask if there is anyone present from Crestwood
Home Owner's Association or if they were invited?
Tolsma: I'm sure Bob is concerned about the R.V. lot and the
tennis court.
Jerry Iverson, I'm here representing the subdivision
owner/developer Bill Buckner. In reference to the R.V. Parking and
park facility for Crestwood Estates Subdivision Homeowners
Association, we have entered into a purchase agreement with T & R
Development and the Homeowners setting aside the ground that we
have designated for that facility. We are just waiting on them to
decide on what they are going to build there. They are on hold
until Spring or summer because of weather.
Giesler: I would like the Counselor's guidance, I just want to
make sure that we are covered on these items for the homeowners
that are already in there. What recommendation do you have? The
actual application I don't have a problem with but I just want to
make sure we are covered.
:w
i
i • •
ORDINANCE NO.
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.
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho, have concluded that it is in the best interest of
said City to amend and change the zoning from R-4 Residential to
Limited Office (L -O), for the following described parcel:
Lot 4, Block 2, Niddays 2nd Addition, Ada County, Idaho.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council
of the City of Meridian, Ada County, Idaho:
Section 1. That the aforementioned real property which is
described as follows:
Lot 4, Block 2, Niddays 2nd Addition, Ada County, Idaho,
be, and the same is rezoned from R-4 Residential to Limited Office
(L-0) and Section 11-2-425, Official Zoning Maps is hereby amended
to reflect the same.
Section 2. EFFECTIVE DATE: There being an emergency,
which emergency is hereby declared to exist, this Ordinance shall
AMBROSE,
FlRGERALD
acRoOlcsror+
KSTO
be in full force and effect from and after its passage and approval
Attorneys and
as required b y law.
Counselors
P.O. BOY 42/
PASSED by the City Council and approved by the Mayor of the
MerldMn, Idtlro
63642
Teleonmsaaei
REZONE ORDINANCE - Page 1
L
City of Meridian, Ada County, Idaho, this 7th day of January, 1992.
ATTEST:
CITY QLERK --
STATE OF IDAHO,)
ss.
County of Ada, )
APPROVED:
MAYOR -- GRANT P. KINGSF RD
I, JACK NIEMANN, City Clerk of the City of Meridian, Ada
County, Idaho, do hereby certify that the above and foregoing is
a true, full and correct copy of an Ordinance entitled "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; A D PROVIDING AN EFFECTIVE DATE."; passed as
Ordinance No. �� by the City Council and Mayor of the City
of Meridian, on hday of January, 1992, as the same appears
in my office.
FITZGERALD
dCROOKSTON DATED this
ANomayt WKI
CounMNom
day-6<�ej -,1 1992.
1992.
P.O. Box 427
My I",M
BJBIY
T•I°°"°n°BBB44i REZONE ORDINANCE - Page 2
AMBROSE,
FITWERALD
&CROOKSTON
Allomgp and
Coun"Wo
P.O. Box 477
MwMlpn. MYho
83842
TN•phg SUB Wl
0
Ada County, Idaho
STATE OF IDAHO,)
ss.
County of Ada, )
On thisf�' day of jghN 1992, before me,
the undersignee, a Notary ruolic ir)and tor sa73 State, personally
appeared Jack Niemann, known to m& -to be the person whose name is
subscribed to the within and foregoing instrument, and acknowledged
that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year in this certificate first above
written.
• ,`111„ D 1,��,,,�
S•opopp•
SEAL
e
s• '
OF
REZONE ORDINANCE - Page 3
L rs"�
1#6tary u6lic for
Idaho
Residing at Meridian, Idaho
10-�7- 4 z HSp�ira.
0 0
MERIDIAN CITY COUNCIL
DECEMBER 17, 1991
PAGE 2
ITEM N2: PUBLIG.t9OM MOt, c ( ;, itYr SAM--.ZEMOR:
Kingsford: At this time I will open the Public Hearing.
Sam Zenor, 20a0 Turnberry, was sworn by the attorney.
Zenor: I am proposing to open an All State Insurance Office at
1233 Meridian. I will be happy to answer any questions.
Myers: Have you read the engineers comments and do you have any
problem with that?
Zenor: I have read it and have no problems.
Giesler: We are going to get access for the parking off of
Cherry St. that runs along the side, is that correct?
Zenor: Yes.
Kingsfords lR 0w1r>-e'l:as 1�4&1*"_' -testify? Me response.
2 will Close the public hearing.
The Motion was made by,
the Findings of Fact .
Rol
approve
esler — Yea; Myers —'Yea;
9i°"1Vr to have the
ITEM #3: PUBLIC HEARING: PRELIMINARY PLAT b FINAL PLAT
W/VARIANCE ON FIELD OF DREAMS SUBDIVISION:
Kingsford: At this time I will open the Public Hearing. Is
there anyone present representing the developer?
Pat Tealy, 479 Main Street, was sworn by the attorney.
Tealy: I an here representing the applicant for this request.
We have read the comments submitted by the City Engineer and have
no problems with the requirements. Any questions that I can
answer I'd be glad to.
•
MERIDIAN CITY COUNCIL
DECEMBER 17, 1991
PAGE 3
Tolsma: The irrigation water here now as we understand it is all
flood irrigation out of an irrigation ditch.
Tealy: That's correct. The variance is to flood irrigate these
parcel rather than pressure irrigate. There are only four lots
in this subdivision and to put a pressurized irrigation system in
would be rather costly and there is an excessive of water in this
irrigation system to where the people are actually getting
flooded out because there isn't a proper drainage at the end of
this system. By using this water it also eliminates some of
these problems.
Tolsma: Did you see the comments from Nampa & Meridian
Irrigation?
Tealy: That's a requirement of Deerfield Manor Subdivision and
it is being rectified right now.
Tolsma: There will be live water to the lots?
Tealy: Yes.
Kingsford: Has any provision been made for that excess water to
run off?
Tealy: The flooding is downstream from this parcel. This parcel
of ground we really can't remedy that situation.
Myers: Have you folks talked to any of the people at the School
District? They still have concerns about providing enough space
for our schools.
Valerie Davidson, 1928 Leisure Lane, was sworn by the attorney.
Davidson: In regard to Joint School District #21s request for a
$500_00 per lot fee to provide for future school needs and
students growth we respectfully decline. We understand their
desire for funds for future growth we do not however feel this
request is the best approach to the situation. First the tax
payers have not had a chance to vote on such an option as a
development fee and secondly we contacted Meridian City and found
no existing or new ordinance regarding this issue to require
compliance. Thirdly we contacted a local attorney and found no
legal grounds for compliance and so we fail to see the validity
of such a request.
0 0
MERIDIAN PLANNING & ZONING NOV 12 1991
The Regular Meeting of the Meridian Planning & Zoning Commission
was called to order by Chairman Jim Johnson at 7:30 P.M..
Members Present: Charlie Rountree, Moe Alidjani, Tim Hepper:
Members Absent: Jim Shearer:
Others Present: Marguerite Patch, Helen Gibson, Gloria Sells,
Helen Sharp, Aaren Sharp, Dale Sharp, Denise Hilbard, Don Bryan,
Burke Borup, Hal Leifson, Dan Wood, M. Barnes, Valerie Davidson,
Gary Lee, Doug Crabtree, Lee Stucker, Sam Zenor, Wayne Crookston,
Lee Sells, Kathy Root, Pat Tealy:
MINUTES OF THE PREVIOUS MEETING HELD OCTOBER 8, 1991:
The Motion was made by Alidjani and seconded by, Rountree to approve
the minutes of the previous meeting held October 8, 1991 as
written:
Motion Carried: All Yea:
MINUTES OF THE SPECIAL MEETING HELD OCTOBER 29,`1991:
The Motion was made by Alidjani and seconded by Hepper to approve
the minutes of the Special Meeting held October 29, 1991 as
written:
Motion Carried: All Yea:
ITEM #1: FINDINGS OF FACT AND CONCLUSIONS ON REQUEST FOR
CONDITIONAL USE PERMIT BY MARLA WEST:
The Motion was made by Rountree and seconded by Alidjani to approve
the Findings of Fact and Conclusions of. Law.
Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer —Absent;
Alidjani - Yea;
Motion Carried: All Yea:
The Motion was made by Rountree and seconded by Hepper 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 request by the Applicant.
BY
0 0
MERIDIAN PLANNING & ZONING
NOV. 12, 1991
PAGE 2
The Mak: was made by RoynS
;� Jani
that the
`
approves
th
oncl`usioaz,a+ad conveys a favorable
recommsft
tLa City Council:
Rolf
Yea;
Shearer -`
AUent;
Alidiaai
-'Year
carx.44ds41:1 Yea:
ITEM #3:
PUBLIC HEARING: REQUEST FOR REZONE
BY SELLS,
PATCH &
GIBSON:
Johnson: I will now open the Public Hearing. Is there a
representative present, if so please come forward.
Lee Sells, 1323 E. 1st St., was sworn by the attorney.
Johnson: Basically we have all the documents in front of us if you
just want to highlight what you want to do.
Sells: We don't plan to do anything. It will remain the same.
Marguerite is living in her home. Gloria and I have our residence
there but we also have a Conditional Use Permit at the present time
for an office behind and Helen Gibson is using her home as a
residence also. Our purpose would be just to, we are bordered on
both sides by commercial right at the present time to the north and
to the south of us and across the street. The Post Office is going
in across from us and we look to see E. First Street really go
basically as a commercial part of Meridian and we just feel that
it is proper at the present time to put our properties in the same
prospect as the rest of the properties on E. First Street, or most
of the properties on E. First Street.
Johnson: Any questions?
Hepper: Have you seen the ACHD comments?
Sells: Yes I have.
Hepper: Do you have any problem with any of those?
Sells: I sure don't.
Johnson: Is there anyone else from the public to testify? No
response. I will close the Public Hearing.
AMBROSE,
FITZGERALD
B CROOKSTON
Atturoe7e sr10
Counselors
P.O. Box 127
Meridian, Idaho
83012
TelspllMrieS64 I
0
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
SAMUEL ZENOR
REZONE APPLICATION
1233 N. MERIDIAN ROAD
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
October 8, 1991, 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 Rezone
Application was published for two (2) consecutive weeks prior to
the said public hearing scheduled for October 8, 1991, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the October 8, 1991,
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 the Applicant and which property is
described in the application which description is incorporated
herein; that the property is presently zoned R-4 Residential; the
area in which Applicant's property is located is developed as a
FINDINGS OF FACE AND CONCLUSIONS OF LAW - PAGE 1
AMBROSE,
FITZGERALD
B CROOKSTON
Attormysmd
C .W=
P.O. Box 427
ModdIm,IM
&W2
TGIGPI, n, 8884401
residential area but at least one of the properties has been used
commercially;
3. , That the Applicants propose to have the property zoned
(L-0) Limited Office for use as an insurance office.
4. That the L-0 District is described in the Zoning
Ordinance, 11-2-408 B. 5 as follows:
(L-0) LIMITED OFFICE DISTRICT: The purpose of the (L-
0) Distri�`ct is to permit the establishment of groupings
of professional, research, executive, administrative,
accounting, clerical, stenographic, public service and
similar uses. Research uses shall not involve heavy
testing operations of any kind or product manufacturing
of such a nature to create noise, vibration or emissions
of a nature offensive to the overall purpose of this
district. The L-0 District is designed to act as a
buffer between other more intense non-residential uses
and high density residential uses, and is thus a
transitional use. Connection to the Municipal Water and
Sewer System of the City of Meridian is a requirement
in this district.
5. That the property is contained in the WARRIOR
neighborhood as designated on the Policy Diagram at Page 7 of the
Meridian Comprehensive Plan; neighborhoods are defined in the Plan
at Page 6 and states as follows:
"Definition:: The neighborhood is a residential area
wi'�uniTorm'characteristics. of a size comparable to
that usually served by an elementary school or a small
business convenience center or a local park. Although
neighborhoods occur in various shapes and sizes, a
section of the City measuring one-half to one and one-
half miles across is usually used for planning purposes.
It has facilities within easy walking distances and
provides the basis for community identification."
6. That the property where the use is to be located has
frontage on Meridian Road; that the house has been previously used
as a single family dwelling.
7. That the uses of the properties surrounding the subject
FINDINGS OF FACE AND CONCLUSIONS OF LAW - PAGE 2
AMBROSE.
FITZGERALD
&CR0OKSTON
A11omeyl wd
Coonlwlon
P.O. Box 127
MWWI*n. MAW
92912
TNWnon1895401
property are for single family dwellings.
8. That there was testimony at the hearing indicating that
those testifying did not have an objection to the use of the
property as an insurance office but that they did want any parking
on the property to be in the rear of the structure and they had
concerns over the location of any signs placed on the property.
9. That sewer and water is available to the property, but
the use may require additional charges and fees.
10. That comments may be submitted by the City Engineer,
Nampa Meridian Irrigation District, Meridian Police Department,
Ada County Highway District, Meridian Fire Department, and the
Meridian Sewer Department and other• agencies and those comments
will be incorporated herein as if set forth in herein.
11. That proper notice has been given as required by law and
all procedures before the Planning and Zoning Commission have been
followed.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicants'
property.
2. That the City has the authority to take judicial notice
of its own ordinances, other governmental statutes and ordinances,
and of actual conditions existing within the City and state.
FINDINGS OF FACE AND CONCLUSIONS OF LAW - PAGE 3
AMBROSE.
FITZGERALD
BOROOKSTON
ANumge W
Dounswm
P.O. Box 127
MWIM.1dw
41136,12
TNphmIo Se"41
E
L
3. That the City of Meridian has authority to place
conditions upon granting a zoning amendment.
4. That the City has judged this Application for a zoning
amendment upon the basis of guidelines contained in Section 11-2-
416 of the Revised and Compiled Ordinances of the City of Meridian
and upon the basis of the Local Planning Act of 1975, Title 67
Chapter 65, Idaho Code, the Comprehensive Plan of the City of
Meridian, and the record submitted to it and the things of which
it can take judicial notice.
5. That 11-2-416 (K) of the Revised and Compiled Ordinances
of the City of Meridian sets forth standards under which the City
shall review applications for zoning amendments; that upon a
review of those requirements and a review of the facts presented
and conditions of the area, the Planning and Zoning Commission
specifically concludes as follows:
( a ) That the property is in an area where commercial
and office uses are likely to desire to locate and there
has been at least one home in the area granted a
conditional use to operate an insurance office. The new
zoning should be harmonious with and in accordance with
the Comprehensive Plan and no Comprehensive Plan
amendment is required.
( b ) The area is in the WARRIOR neighborhood which is
designed for residential uses but is also designed to
have other services available such as a convenience
center and other uses which support residential needs
and a mix of those uses and a rezone of the subject
property is in line with that designation.
( c ) The area around the proposed zoning amendment is
developed in a residential fashion but has had at least
one home converted to an insurance office under a
conditional use permit. The new zoning of limited
office use should not be contrary to the other uses in
the area.
FINDINGS OF FACE AND CONCLUSIONS OF LAW - PAGE 4
AMBROSE,
FITZOERALO
B CROOKSTON
AttwngeOW
Ceunpbn
P.O. Bm m
Mwblen,hl ro
roar:
Telepl 885401
0 0
(d) There has not been a change in the area or adjacent
area which may dictate that the property should be
rezoned but Meridian Road is an area that is very likely
to be developed in an office or commercial fashion and
the use to be developed should not adversely effect the
area.
( e ) That the property is designed and constructed to
be harmonious with the surrounding area.
( f ) The proposed use should not be hazardous or
disturbing to the existing or future uses of the
neighborhood.
( g ) The property will be able to be adequately served
with public facilities, and connection to municipal
sewer and water is required.
(h) The proposed use would not create excessive
additional requirements at public cost for public
facilities and services and would not be detrimental to
the economic welfare of the community.
( i ) The proposed use should not involve any detrimental
activity to any person's property or the general
welfare.
(j) Development should not cause a significant increase
in vehicular traffic and should not interfere with
surrounding traffic patterns in that the property has
substantial street frontage.
( k ) That this rezone will not result in the
destruction, loss or damage of any natural or scenic
feature of major importance.
(1) The proposed zoning amendment is in the best
interest of City of Meridian.
8. It is further concluded that the comments,
recommendations and requirements of other governmental agencies
will have to met and complied with.
9. That any parking lot for the structure shall be placed
in the rear of the property and shall be screened from view of the
adjacent properties; that landscaping shall be required and all
of the ordinances of the City of Meridian shall be complied with;
FINDINGS OF FACE AND.CONCLUSIONS OF LAW - PAGE 5
AMSROSE,
FITZGERALD
d CROOKSTON
ANomayp and
Coun"Im
P.O. Sox 427
MaMlm, ld q
87812
TSlepnonoaeeN t
0 0
that any signs place on the property shall meet the Meridian Sign
Ordinance and shall not be lighted so as to shine in the eyes of
vehicles traveling on Meridian Road.
FINDINGS OF FACE AND CONCLUSIONS OF LAW - PAGE 6
AMSROSE,
FITZGERALD
1 CROOKSTON
Au"WeWKI
CounW"
P.O. Sox 427
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts
and approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER
HEPPER
VOTED _
COMMISSIONER
ROUNTREE
VOTED __
COMMISSIONER
SHEARER
VOTED _
COMMISSIONER
ALIDJANI
VOTED__ _
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED__ _
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends
to the City Council of the City of Meridian that they approve the
Rezone 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, Fire Department
requirements, Sewer Department requirements, the Nampa Meridian
Irrigation requirements, the fire and life safety codes, and the
Uniform Building Code, and other Ordinances of the City of
Meridian.
MOTION:
APPROVED:
DISAPPROVED:
FINDINGS OF FACE AND CONCLUSIONS OF LAW - PAGE 7
•
MERIDIAN PLANNING & ZONING
OCTOBER 8, 1991
PAGE #5
Johnson: I have a question about the parking. You have four parking spaces on the north
driveway. To make that functional that's really just two for drop off and then if you have
one or two cars permanently parkied there for you and an employee.
West: Just One.
Johnson: So in effect you would have one driveway clear and the other one would just have the
one automobile on it. Then there is a space between the two driveways for one car.
West: Yes. We've had eight cars parked in there with no problem.
Johnson: Thank you. Anyone else to testify on this?
George O'Conner, 1819 Crestmont Drive, was sworn by the attorney.
O'Conner: The concerns that I had about a year ago when the Inchworm day care opened up are
the same as now with regard to the additional traffic on Crestmont.
Johnson. The conditional use permits are issued with an annual review.
O'Conner: The other concern I have has to do with that entire block region there. It seems
now with Inchworm and if this were to go through, there is a general commercialization trying
to move into the subdivision.
is so built up with houses it would be very difficult
Crookston: I think that particular area
to commercialize it unless they were going to tear down the houses and put up a new building.
Johnson: Anyone else to testify? Seeing none I will close the public hearing. We do have a
letter of objection to enter into the record received from Mrs. Caron.
The Motion was made by Rountree and seconded by Shearer to enter the letter of objection into
the record from Mrs. Caron.
Motion Carried: All Yea:
The Motion was made by Shearer and seconded by Hepper to have the attorney prepare Findings of
Fact and Conclusions of Law on this request.
Motion Carried: All Yea:
The Motion was made by Shearer and seconded by Rountree to recommend to the Meridian City
Council approval of this request.
Motion Carried: All Yea
PIN —
1' resent for triis request?
ITEM6i ti„ • a representative P
c Hearing
Is there
I will open the Publi attorney*
Johnson: was sworn by the
Sam Zenor, 2080 TurnberrY'
0
MERIDIAN PLANNING & ZONING
OCTOBER 8, 1991
PAGE #6
Zenor: We propose to open an Allstate Insurance office at 1233 Meridian Street.
Hepper: Have you seen the comments from the City Engineer? Do you have any problems with
any of those?
dering about was the four foot high fence. If w
Zenor: Yes. The only one that I was won
did the parking in the front I don't know whether he'd want that in the front or not. This
is something I probably should clear up with him.
Rountree: I think what he is suggesting there is a screen greater than 4 feet but less
than 6.
Zenor: I didn't know whether the neighbors would want that up or not.
Hepper: Generally we like some sort of separation between commercial and residential.
Rountree: Did you see the comments from Ada County Highway District?
Zenor: No I didn't. I didn't have those.
Rountree: Look these over and see if you have any comments about any of those.
Zenor: I don't have a problem.
Rountree: Your application is for rezone from R-4 to limited office space. What would
that LO zone allow?
Clerk Niemann: It would allow office type building.
Rountree: Is there a specific reason why you are requesting a rezone instead of a
conditional use permit?
Zenor: I was told that I should try to have limited office.
Shearer: Did you see the comments from the Engineer about not backing onto Meridian Road.
Zenor: Yes. That was something that I was wondering about.
Johnson: I did talk with the Engineer and I think what he had in mind was for the parking
to be in the back so that people wouldn't be backing out onto Meridian Rd..
Hepper: How many parking spots were you going to have?
Zenor: Whatever is needed.
Johnson: Anyone else to testify?
Richard Cathey, 4227 Patton Street, Boise, was sworn by the attorney.
Cathey:
Voiced concerns
about
traffic backing onto Meridian
St.. I own the house next
door to
this. We felt
like
it would look better if the
parking were in the rear to.
Wanted to know more about
the
sign to be placed in the front
yard.
Johnson: We have a sign ordinance and he would have to meet those restrictions.
MERIDIAN PLANNING & ZONING
OCTOBER 8, 1991
PAGE #7
Cathey: My feeling is that it would be better if there were one attached up by the house.
The other question I have is with this being rezoned does that take in a larger area or
just this lot?
Johnson: Just on the property that he has purchased. Thank you for your comments. Mr.
Zenor could you come back up please. With respect to the size of your business are you
going to have any additional people at this time or how many people would be working out of
that office?
Zenor: Probably a total of three. On the sign issue we are only going to do what the
city will allow us to do.
Johnson: Anyone else to testify?
Patrick Oliver, 1205 Meridian Street, was sworn by the attorney.
Oliver: In reference to the sign I live two or three houses down from where this will be
and the signage will be in the front yard and I understood that you can not build anything
from so much from the street inwards, is that correct?
Johnson: Are you talking about setbacks.
Oliver: Yes.
Johnson: Do you want the exact footage or something?
Oliver: Yes.
Johnson: I don't know what it is right off.
Oliver: My concern is that I've been told for so many years that I can not build a carport
on the front of my existing property because it would interfere. What's the difference
between putting up a carport and putting up a sign? If he is allowed to do that then am I
allowed to go ahead and put up the carport?
Johnson: You have to meet the setback requirements and if you can meet those requirements
then it would just take a variance.
Oliver: The next question is with this going to a commercial zoning on our side of the
street, does this mean that houses on our street on our side can possibly be rezoned at any
time?
Johnson: You can always apply for a rezone, there is no restrictions on applying for a
rezone. Thank you. Anyone else to testify?
Bud Jerome, 1212 W. 1st, was sworn by the attorney.
Jerome: My concern is about the parking. I would like to see the parking eliminated in
the front and put in the rear. Is parking going to be allowed on Cherry Avenue for this
business? My concern is that it is so narrow.
Johnson: All streets have requirements for parking unless so posted. The City of Meridian
has no control over the streets. What we do have control over, the police department would
MERIDIAN PLANNING & ZONING
OCTOBER 8, 1991
PAGE #8
be, it would be considered some sort of safety hazard. I wouldn't anticipate there being,
in the condition of this approval, a restricition at this time that they couldn't park on
there.
Crookston: There are certain parking limitation as to what you can use the street for.
Gave some examples.
Jerome: Another concern is the alley way in behind there, if they were to start blocking
that alley way.
Johnson: They have to leave that open. Thank you for your comments. Anyone else to
testify? Seeing none, I will close the Public Hearing.
ty
Motion-Carriedi Rig -Yea:
The Motion was made by Shearer and seconded by Rountree to adjourn at 8:28 P.M..
Motion Carried: All Yea:
(TAPE ON FILE OF THESE PROCEEDINGS)
iM24081Wi�1i
JIM JOHNSON, CHAIRMAN
ATTEST:
i
JACK E CITY CLERK
pc: Mayor & Council,
P & Z Members, Atty, Police,
Bldg., Eng., Stuart, ward, Gass,
ACHD, NMID, CDH, Settlers,
Valley News
Mail (6)
File (6)
prepare
"favorable
SAM ZENOR
REZONE REQUEST
COMMENTS
1: ADA COUNTY HIGHWAY DIST: NMDrDZXXRXX=: SEE ATTA—W—nA--
M�-GK •_._ 4i_4 aRO 4s: CON APPROVECENTRAL WATER
3: NAMPA MERIDIAN IRRIGATION: NO COMME[N]TS:
4: CITY ENGINEER: SEE ATTACHED:
5: FIRE DEPT: NO OBJECTIONS:
6: POLICE DEPT: NO OBJECTIONS:
7: SEWER DEPT: ADJUST SEWER RATE FOR COMMERCIAL USE:
8: PUBLIC HEARING HELD OCTOBER 8, 1991 BEFORE THE P & Z, FINDINGS TO BE PREPARED:
9: FINDINGS APPROVED BY THE P & Z COMMISSION ON NOVEMBER 12, 1991 MEETING, P & Z
COMMISSION RECOMMENDED THIS BE APPROVED BY THE CITY COUNCIL: (COPY OF FINDINGS
ATTACH D)
ADA COURTY HIGHWA* DISTRICT
318 EAST 37TH STREET
BOISE. IDAHO 83714
Inter -Department
Correspondence
To: Ada County Highway District Commission
Date: October 1, 199
From: Development Services ,
I
Subject: MERIDIAN REZONE 1233 N. MERIDIAN INSURANCE OFFICE
FACTS & FINDINGS:
1. Samuel and Dorrine Zenor are requesting a rezone from R-4 to LO -D of
property located at 1233 N. Meridian Street.
2. Meridian Street has 60 -feet of right-of-way (which is adequate), and is
improved with 24 -feet of paving.
3. Cherry Avenue has 60 -feet of right-of-way (which is adequate), and is
improved with 24 -feet of new paving.
4. The alley has 16 -feet of right-of-way (20 -feet is required), and is
improved with gravel. There is no access to the alley.
5. There is an existing building on the parcel which will be used as an
insurance office.
The following requirement is provided to City of Meridian as a condition for
approval.
SITE SPECIFIC REQUIREMENT:
1. Any utility cut on Meridian Street must be approved by the District
Commission.
STANDARD REQUIREMENT:
1. A right-of-way permit must be obtained from ACHD for all street and
utility construction within the public right-of-way. Combine utility
cuts where practical to limit the number of pavement cuts. Contact
Quality Control at 345-7667 (with zoning file number) for details.
STAFF SUBMITTING:
Pat Dobie P. E.
MERI DIAN.RZ2/DST ECH 10-03-91
DATE OF COMMISSIONAPPROVAL:APPROVAL:
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CENTRAL DISTRICT HEALTH DEPARTME�
ENVIRONMENTAL HEALTH DIVISION
1455 North Orchard
Boise, Idaho 83706
REVIEW SHEET
_ Rezone # 1(27 — /- 0
Conditional Use #
1. We have no objections to this proposal.
2. We recammend denial of this proposal.
Return to:
_ Boise
Eagle
_1G Meridian
Kuna
A(Z
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 cament 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 _ Cc m unity sewage system
and Central water Individual water _ Cawmity water well.
8. _ Plans for _Central sewage Comnmity sewage system Sewage dry lines, and
Central water _Canmmity water must be submitted to and approved by the Regional
Health_and Welfare Fnvirormental 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 HIST be installed to meet
Idaho State Sewage Regulations.
12. _ We will require plans be submitted for a plan review for any (food establishment)(beverage
establishnent)(swimning pools or spas)(grocery store).
13.
i/
Reviewed by Date
1-14 1 1 11 1 1 1 1 1
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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 October 8, 1991, for
the purpose of reviewing and considering the Application of SAMUEL
W. ZENOR for a rezone of Lot 4, Block 2, Niddays 2nd Addition, Ada
County, Meridian, Idaho, from (R-4) Residential to (LO) Limited
Office, for development of an insurance office. The address for
the above property is known as 1233 N. Meridian Road, Meridian,
Idaho.
A more particular legal description is on file in the office
of the City Clerk of the City of Meridian and is available upon
request.
Public comment is welcome and will be taken and heard.
DATED this/'//1Z-1')z) day of 1991.
AMBROSE.
FITZGERALD
d CROOKSTON
Attom"s end
Coun"Im
R.O. Box 127
Mendlen, IdOo
83812
Telep"ne 888401
11
•
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CITY OF MERIDIAN
"Hub of Treasure Valley"
33 E. Idaho
Meridian, Idaho 83642
888.4433
uUmomer s
Order No.
Date
19
Name
Phone:
'BpED BY
CASH C O.D CNARGE
ON ACCT.
MDSE RETD PAID OUT
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All claims and returned gSods MUST he accompanied oV this bill.
TAX
i
0001'10 Received G.� ���
TOTAL
By
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Gs -2022 "kINTES IN us.A.
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GRANT P. KINGSFORD
Mayor
FACSIMILE COVER SHEET
DATE // I �
DELIVER FAX TO: ��/1� %71em ✓9
TITLE/DEPARTMENT:
ADDRESS:
RECEIVING FAX NUMBER: 3� y O
CONFIDENTIAL: YES n NO
TOTAL NUMBER OF PAGES:__. (/
FROM CITY OF MERIDIAN FAX NUMBER (208) 887-4813
NAME: gulk fJ) PeI" CZ'1-11r{11
TITLE/ DEPARTMENT:
COMMENTS:
fic) i3 cZ4 Cit q
PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS
SUCCESSFULLY. (208) 888-4433.
•
HUB OF TREASURE VALLEY
A Good Place to Live
OFFICIALS
JACK N NICE EMANN, City Clerk
JANICE GATS, Treasurer
CITY OF MERIDIAN
COUNCILMEN
RONALD R.
BRUCE D.G Works Supt.
MYERSA
CROOK, TON, Attorney
33 EAST IDAHO
ROBERT GIESLER
EAYNEG.C, Waste ateJR.,
EARL WARD, Waste Water Supt.
MAX YERRINGTON
KENNY BOWERS, Fire Chief
MERIDIAN, IDAHO 83642
BILL GORDON, Police Chief
Phone 888.4433
Chairman Zoning 8 Planning
GARY SMITH, City Engineer
JIM JOHNSON
GRANT P. KINGSFORD
Mayor
FACSIMILE COVER SHEET
DATE // I �
DELIVER FAX TO: ��/1� %71em ✓9
TITLE/DEPARTMENT:
ADDRESS:
RECEIVING FAX NUMBER: 3� y O
CONFIDENTIAL: YES n NO
TOTAL NUMBER OF PAGES:__. (/
FROM CITY OF MERIDIAN FAX NUMBER (208) 887-4813
NAME: gulk fJ) PeI" CZ'1-11r{11
TITLE/ DEPARTMENT:
COMMENTS:
fic) i3 cZ4 Cit q
PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS
SUCCESSFULLY. (208) 888-4433.
APPLICATION FOR ANNEXATION APPROVAL 6
ZONING
Meridian Planning & Zoning Commission
I. GENERAL INFORMATION
Name o
(General
Filing Information
l
L-zT 4—k�l o c lL 7 IN ( ✓1 Z
(Legal Description - attach if lengthy) —�
(Owner(s) of
s)
(Address)
DP� —
He(_V)t
(Telephone No. )
No.
(Engineer, Surveyor or Planner) (Name) (Telephone No. )
(Address
(Jurisdiction(s) Requiring Approval) n
(Type of Subdivision -Residential, Commericial, Industrial
g 50 — _Czzn Acres of Land in Conti uous Ownershi
4 P•
' (Fee)
�
CITY OF MERIDIAN
33 E. IDAHO
MERIDIAN, ID 93642
Sam Zonor
Senior Account Agent
140O E. First
Suite |02
Meridian, ID 83642
(I08) 888-5455 wk
September 10` 1851
ZONING AMENDMENT REQUEST
1233 MERIDIAN ROAD
MERIDIAN, IO
PRESENT LAND USE : RESIDENTIAL PROPOSED L8NO USE : LIGHT OFFICE
GENTLEMAN:
PLEASE REV{EW OUR REQUEST FOR THE ZONING AMENDMENT AT 1273 MERIDIAN ROAD.
WE WISH TO ESTABLISH AN ALLSTATE INSURANCE SALES OFFICE AT THIS LOCATION,
WE CURRENTLY HAVE AN OFFICE IN THE MERIDIAN BUILDING ON EAST FlpET. WE
FEEL THAT IT IS IMPORTANT TO THE REPUTATION OF OUR AGENCY TO MAINTAIN a
PROFESSIONAL IMAGE. AT THE MERIDIAN ROAD LOCATION, HE WOULD MAINTAIN A
RESPECTABLE APPERKN0E FOR THE COMMUNITY.
THE ZONING AMENDMENT TO LIGHT OFFICE FOR THIS LCC8115M WOULD BLEND IN WITH
THE AREA. CLOSE BY THERE IS THE HD0L3T, ANDERSON INSURANCE OFFICE AND TUE
DOCTORS OFFICE OF FRED FENDER. THE PROPERTY IS ALSO # CORNER PARCEL WHICH
MAKES IT SOMEWHAT MORE DESIRABLE FOR THIS LAND USE THAN fF 1T WERE IN FXE
MIDDLE OF THE BLOCK.
PLEASE ISSUE THE LIGHT OFFICE ZONING AMENDMENT FOR THIS PROPERTY AS
REQUESTED,
IF YOU NEED FURTHER ASSISTANCE OR HAVE ADDITIONAL QUESTIONS PLEASE LET ME
KNOW
NOTARY PUBLIC:
RESIDING AT : ME8l11111_ JDAHO
\�
SAMUEL 0, ZENUR MY COMMIIS5IGN EXPIRES:
^
STATE OF lC0HX}^ C8UNTY OF ADA— ;5.
ON THIS AT},` DAY OF SE},[EM8f]R— IN THE YEAR OF 1991—, BEFORE ME
READ H'� MY— 8 NOTARY PUBLIC, PERSONALLY 8PPERHRED SAy0UIl= j' IfNK}R',
KNOWN DR lDEhTlFlLU TO ME TO BE THE PERSON WHOSE NAME IS 3U8SCRlBED TO THE
WITHIN J05T8UM[MT` AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME,
WARRANTY DEED
• (INDIVIDUAL) •
FOR VALUE RECEIVED JAMES E. RUTLEDGE, AN UNMARRIED MAN AND JAMES E. RUTLEDGE,
PERSONAL REPRESENTATIVE OF THE ESTATE OF LORENE E. KEETON, DECEASED
Grantors , do hereby grant, bargain, sell and convey untoSAMUEL W. ZENOR AND DORRINE C. ZENOR,
HUSBAND AND WIFE
the Grantee s , whose current address is: 1233 MERIDIAN ROAD, MERIDIAN, ID 83642
the following described real property in ADA County, State of Idaho, more particulary described as
follows, to -wit:
LOT 4 IN BLOCK 2 OF NIDAYS SECOND ADDITION TO MERIDIAN, ACCORDING TO THE
OFFICIAL PLAT THEREOF, FILED IN BOOK 11 OF PLATS AT PAGE 594, RECORDS OF ADA
COUNTY. IDAHO.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee s , and Grantee s heirs
and assigns forever. And the said Grantor sdo hereby covenant to and wit 11 the said G rantces ,the Grantors are the
owner s in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this
conveyance is expressly made subject and those made, suffered or done by the Grantee s ; and subject to reservations,
restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments,
(includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantors
will warrant and defend the same from all lawful claims whatsoever.
Dated: August 29, 1991
MES E. RUTLEDGE
L0V'CiL'C 11 1 &I aFe
Estate of Lorene E. Keeton,
AMES E. RUTLEDGE, P rsonal Rep. of
STATE OF IDAI10 County of_ADA ss.
On this 30 __day of_A_ugust , in the yearof 1991 , before me_____
SEAR0PLKENT , a notary public, pet
sonallyappeared—,IliMES—E.,._RUTLEDGE_..___ _
known or identified t�,%wtti*4,the person _whose name__ i s _subscribed to the within instrument, and
acknowledged fo p,L lhatk�Xd'O;eculed the same.
P .
,•' •'• s is• ` u •�
Notary Public:
_ IYu•
o Eti Residing at: B9SSE.,_II)AktO _
d`. meq, 4 o My Commission Expires: 417/94
I
)tUUNL) HuvM I IVIV
• TO MERIDIAN, IDAHO •
A PART OF
THE NE I/4 OF THE NE 1/4 AND OF THE N.12 OF THE
SE 1/4 OF THE NE V4 OF SEO. 12, T.3 N., R. I W., B. M.
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aug SUadoad aplS
CHAPTER
BUILDING CODE
SECTION:
2-101:
Adoption of the Uniform Building Code and the
Building Code Book of Standards
2-102:
Definitions (Rep. by Ord. 206, 4-5-71)
2-103:
Exception to Code
2-104:
Saving Clause
2-105:
Permit Required for Construction or Alteration
2-106:
Permit and Inspection Requirements for Mobile
Trailer Houses, or Prefabricated Homes
2-107:
Validity
2-108:
Penalty
2-109:
Solid Fuel Heating Appliance Ordinance
2-101
Uniform
Homes,
2-101: ADOPTION OF THE UNIFORM BUILDING CODE AND THE
UNIFORM BUILDING CODE BOOK OF STANDARDS: There
is hereby adopted by the City for the purposes of establishing rules and
regulations for the construction, alteration, removal, demolition,
equipment, use and occupancy, location and maintenance of buildings
and structures, including permits and penalties, that certain building code
known as the Uniform Building Code, 1991 Edition, with all Appendix', of
which not less than three (3) copies have been and now are filed in the
office of the City Clerk, and the same are hereby adopted and
incorporated as fully as if set out at length herein, and from the date on
which this Section shall take effect, the provisions thereof shall be
controlling over the construction of all buildings and other structures
therein contained within the corporate limits of the City. There is also
hereby adopted the Uniform Building Code Book of Standards, three (3)
copies of which have been and now are filed in the office of the City
Clerk; provided, however, that the following exceptions shall apply to the
Uniform Building Code Book of Standards:
Regardless of the provisions of the Uniform Building Code or the Uniform
Building Code Book of Standards, the City shall not allow gravel to be
used for foundations in the construction of any building within the City,
and regardless of any of the provisions of the Uniform Building Code,
particularly footings, section 2907(a) General, or of the Uniform Building
Code Book of Standards, the City shall not allow wood, treated or
otherwise, to be used for footings or foundations. (Ord. 554, 9-17-91)
1091
2-102 • • 2-108
2-102: DEFINITIONS: (Rep. by Ord. 206, 4-5-71)
2-103: EXCEPTION TO CODE: Table No. 3-A-- Building Permit Fees,
contained in Chapter 3, Permits and Inspections, of the Uniform Building
Code, shall not be used or followed but the fees set forth in each category in said
Table shall be established by the City Building Inspector and approved by resolution of
the City Council; provided, however, the fees established by the City Building Inspector
and approved by resolution of the City Council shall not be greater than those
contained in Table No. 3-A. (Ord 475, 4-7-87)
2-104: SAVING CLAUSE: Nothing in this Chapter or in the Code hereby
adopted shall be construed to affect any suit or proceeding now
pending in any court, or any rights acquired, or liability incurred, nor any cause or
causes of action accrued or existing, under any act or ordinance repealed hereby. Nor
shall any right or remedy of any character be lost, impaired or affected by this Chapter.
(1955 Code)
2-105: PERMIT REQUIRED FOR CONSTRUCTION OR ALTERATION: It shall
be unlawful for any person to commence construction upon any
building, or the installation of any prefabricated home, Installation or transfer of any
mobile home or house trailer used as living quarters, without first securing a building
permit from the City Council and any person desiring to obtain such permit shall file
with the City Clerk, addressed to the City Council, a petition describing fully the building
and premises whereon such construction is proposed, the materials to be used and
specification thereof. A fee shall be charged for every permit issued under this Chapter
in accordance with a schedule of permit fees as established by resolution of the City
Council. The City Inspector shall have the right to enter on the premises where any
building is being constructed for the purpose of inspecting the same to ascertain that it
Is in conformance with the Uniform Building Code as set forth in Section 2-101. (Ord.
475, 4-7-87)
2-106: PERMIT INSPECTION REQUIREMENTS FOR MOBILE HOMES,
TRAILER HOUSES, OR PREFABRICATED HOMES: Any mobile home,
trailer house, or any structure or building or any prefabricated structures constructed
prior to moving in or placement on any lot or parcel within the City shall be considered
as a structure requiring a building permit, and inspection will be required for a minimum
fee of twenty five dollars ($25.00). (Ord. 518, 10-17-89)
2-107: VALIDITY: The invalidity of any section or provisions of this Chapter or
of the Code hereby adopted shall not invalidate other sections or
provisions thereof.
2-108: PENALTY: Any person violating the provisions of this Chapter shall be
deemed guilty of a misdemeanor. (Ord. 206, 4-5-71)
1091
9 0
***** ** * -COMM. JOURNAL.- DATE DEC -05-1991 TIME 0904 **** P.1
MODE - TRANSMISSION
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