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Tingey, Terry VAR
HUB OF TREASURE VA~ ` A Good Place to Live OFFICIALS couNCn.MEN WAYNE S.FORREY,AICP,CityClerk CITY OF MERIDIAN ROBERTGIESLERA JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO MAX YEARINGTON CORRIE ROBERT D WAYNE G. CROOKSTON, JR.. Attorney . JOHN SHAWCROFT, Warta water supt. IDAHO 83642 ~ MERIDIAN chairman zoning s Plane KENNY BOWERS, Fire Chief , Phone (208) 888-4433 JIM JOHNSON BILL GORDON. Police Chief GARY SMITH, P.E., City Engineer FAX (208) 887-4813 Centennial Coordinator PATSY FEDRIZZI GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Mel-idian may we have your answer by: 99 3 TRANSMITTAL RE9UEST: BY: ---- _ DATE : 1 Z ~ Z I - ~ 3 ..$,1~f1=r~RING DATE - -Y~ ~.~ ' ~ t{` LOCATION OF PROPERTY OR l.~o~-~ . Q~,,~ , JIM JOHNSON P/Z ,` MOE ALIDJANI,P/Z JIM SHEARER, P/I CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C 606 CORRIE, C/C BOB GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY 6ARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER ~, : ; _. ,, "~ M1~iIlIAN SCHOOL JTRICT `MERIDIAN POST OFFICE (PRELIM AND~FINAL PLATS) ADA C011NTY HIGHWAY` DISTRICT ADA PLANNING ASSOCIATION , CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR:.,.DISTRICT SETTLERS IRRLGATIODI`DISTRICT IDAHO POWER. CO,,.-(`PRELIM AND FINAL PLATS ) ~° l~~S;~--TEST (PRELIM AND FINAL PLATS ) INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) CITY FILES OTHER: YOUR CONCISE REHARKS: • CITY OF MERIDIAN 33 E. IDAHO AVE. MERIDIAN, IDAHO 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) NAME • ~~an e~ CiG( UGC e •(Owner or holde of valid option) C$ S d b.r's~ t~3~d`~tlYl~d~l~ ADDRESS: i/off aid ///~ GcJ: C~erry ~ti, , ~~erid,~~. , T~l~~ ~36yZ GENERAL LOCATION: D~. Cl,err~i ~a~e ~c~oss ~'ro~ lu~I`ra~ida..K ~tt~dl~ Sc~, LEGAL DESCRIPTION OF PROPERTY : (~S•Pe a~~ e G. ~'G( ~ ~,~c (4-'4 T z~, O~I W''~ ~ O bbl 1 ~ U~-i+•~ PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option agreement must be atltached. ~~ PRESENT ZONE CLASSIFICATION 1/~ r ~P~ D tT-~c ~ VICINITY SKETCH: A vicinity map at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within contiguoug to, directly across the street from, and within a 300 radius of the parcels} proposed for a Variance must be attached. (This information is available from the County Assessor) S I GNATURE • Lrl, ~' CITY COUNCIL RECORDS Date Received Received By Citv Council Hearing Date DESCRIPTION OF PROPOSED VARIANCE: Gr~.e ~(,c~Cru~a ~j~~ 'la ~tu~~ ~~C AFF'LICATION ANU ~,TANL~ARDS FOFi' VARIANCE A tJarlariCE Pram tr,e teams of trii5 O"Idir,aT,Ce shall not be granted by tr,e Caur,cil unless and ur,tii a wr•itter, application ~c,r a ~: ar iarice is submitted to the Admir,istratar aril the Cuur,cll containing, where applicable. (Application available from Adminlstratar): ... Address of subjec+_ property; _. Name. address ar,d phane nurnber• aY applicant; ~1. Narne, address ar,d phane number of owners of s~abject pro pertY ; ~. F•raaf of awr,e:f SI't1p o-r valid option an tree pr•aperty ar a can±ract interest trierein with GarJSent of the titled owner; 5. Legal desL.•riptian of subject pr•aperty; ~:. F•reserit use of subject property; :'. What is intended to be dune on or• with the proper+_y; ~'. Trie district that pertains to the subject property; fit. Vicinity map at a scale approved by tr,e council shawinc; prraperty lines. e:~cisting streets, proposed district and sucr, other items as may be requi-r•ed; 1Cri. Schematic building plans which indicate typical elevatiari and flaar plan of any prapased canstructian; 11. A list of the mailing addresses of all property awnE•rs (f'rorn authentic. ta:~~ records of Ada County) witriiri tr,•ree hundred ( J(G~1) feet of the e:~cternal boundaries of the Land being car,sidered ar,d a listing of trie mailing addresses ai all p-rcrperty owners witr,in the area of the land being considered; 1~'. Characteristics of subject property which prevent compliance with the requirements a7 triis Ordinance; 1J. Minimum •requirements of tr,is Cfrdinance that need to be reduced to permit prcrpased use; 1~. Difficulty ar hardship which would result if requirements of triis Ordinance were applied to subject praperrty; 15. Unusual or pecuiia-r circumstances which indicate that regulations of this Ordinance should not be strictly complied with; 16. Statement that special C:atldit.lGf,S ar,d circumstances e::ist ~ah1c., are peculia to the land, structure ar building.= ~nTJt11.VC•'~:: 3rtd wn1G:, 31 G' ;,at 3pp11Gab1e t.0 t.itn~':r' lar,CS, ~ ~ Y • REQUIREMENTS: VARIANCE Attach a site plan showing all details of the proposed development. Complete the following questions and return with the application. 1. Wheat is intended to ~fe dAne on o/r withh the pro ert._y/? ~/e ~u'tij~' ~ UctCtcuf ~ct Gt r~u ('1 f' ~~hd 6a~" D~cE / "« ~ IcJP i,~ic~; ~~ 11 ~'~ ~ C ~ec~ ~. u p c~. ~ ~ ~ 4~ v ~ G k G~ l~ k d s«p E'. U-'~ irJC w fcl /eke ,~O c~*z~ S,fruct << Sfc~rG ~ ~`~" •c~ Ih I ~ a' _ e~---ke t' ~ e~c ~r ~ ~(~ ~-oPt~~~ fiH'e~ ~+ a/1~k; ~'c~- PGs,~ ~~Iw~~lk~it~e ~.~d betfF~- u~~/,•z~~t,~ e~ ~pp4~~; ~ 2. What special conditions and circumstances exxist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or bjJuildings in the same district? ct,~~ a!'e nal,J Sicl'/'Cu.kcPecQ ~a l'IC+uSt~S QI.~ C~ G'. C~-ul'C~ Ct~~ /1bt ~0``~, ~•c+ Q/'p /`~t-ct~ 6c~~. $irtcci~pdT~/L/F'~ lOtu~tp+K 1+~, `~'~~ c1fPC. Skt'~~ wv~ol i~ YLGuSc"S G'tt.lti CQr~Li ~f~~p) ~u11i3 ~7 ~, f1rc-u.. ~f~t-/cplet`~Yf ii+..~S. G~.~e) c~J~~+,..lcP ~l~k~ TC do ~e Sam: ~z--~ ~~/i~~'e I`r ~•'l~l T'!!/ 1+1`~ ~r• rtie+yyh~Ocr~{occ{ Sc~er1Q. 3. Why will a literal int+~rpretation of the provisions of this ordinance deprive you of rights commonly enjoyed by other properties in the same district under the terms of this ordinance? aPc'G-.e5e ever cKe e~5e t5 Zenec~ d,t~l"er^Nkf~ ,~c~w, Kr~ Sure eve are be-K.c de -vecf Bf ~~ r-' ~.+s ~ ~ou~eJ~-^ ~e w~~~,~c~ 1~'ke -~ ufi~~ze `~ ~ ea loe-l-~her~ ~ ~ ~'©a~- s~~lO<<c,~ ~:s ~~4r-c~fr --~, ~a-'-~-~~.-~~. akc~ '~('~.~ ~`r`~~'z-'~+, e~;~(d~ tae ~-~ilize~ ~et~er, 4. What special conditions or circumstances exist that were not a result of your actions? ~,~~, ~e 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? Z•f ~~ll Ko~f ive ins a k s~~e ~ ~~~ ~r~•v~'~~~e ~ ver .~ f / / ~%ui' Yle1 ~~e~5 ic.7~, ~;.I(-e4 E'11 c• !ice S~ ~oc~f Sef !c)~C~C, ~ ~, i~. 1~ I '~ a, 7 ~. s 3 z ~. ~ ~ ~ ~. ,.<....., ; _ a.__... ._e, :~ w e Mg~RY LN ~~ ~~ • HUB OF TREASURE VALLEY. A Good Place to Live OFFICIALS cout+ICILMEN WAYNE S.FORREY,AICP,CItyClerk CITY OF MERIDIAN A R JANICE GASS, Treasurer R BERTdI SLER BRUCE D. STUART, Water Worka Supt. 33 EA T DAHO MAX YERRINdTON WAYNE G. CROOKSTON. JR.. Attorney S I ROBERT D.CORRIE JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS. Fire Chief MERIDIAN, IDAHO 83642 Chairman Zoning 6 Planning BILL GORDON, Police Chief Phone (208) 888-4433 JIM JOHNSON dARY SMITH, P.E.. City Engineer FAX (208) 887-4813 Centennial Coordinator GRANT P. KINGSFORD PATSY FEDRIZZI Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian , may we have your answer by: ~9 ~ TRANSMITTAL DATE : ~ ~' 2 ~ ' q ~ °°°~°~:~RING DATE : ~ ° ~ ' ~ ~ _: - ^ . w<~ . RE9UEST = ~ .~~ _ ~ _ ~` : R, ^i ..,~ ,~a ~H'3c:=9 .xNa"A~5&rB'S"4''y.: x' "8r::: S. ~_ ~".yam.. LOCATION OF PROPERfiY OR F~FtOJECT : ~„~ ~~ ~ `'( JIM JOHNSON P/Z , # ~~'~E$3DIAN SCtIdOI TRICT '; MOE ALIDJANI,P/Z ~'£ ~'~at4ERIDI~AN POSE OFFICE (PRELIM AND FINAL PLATS) JIM SHEARER, P/Z ADA CtmNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/I ADA PLANNING ASSOCIATION ,< TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH ;' GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRI~~: DISTRICT RONALD TOLSMA, C/C S~3TLERS IHRI6ATI4AF`DISTRICT BOB CORRIE, C/C IDf~10 POWER C (~+RELIM AND FINAL PLATS) BOB GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY 6ARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER "`-`~l~~c~~WEST (PRELIM AND FINAL PLATS ) INTERMOUNTAIN GAS (PRELIM ANO FINAL PLAiS) BUREAU OF RECLAMATION (PRELIM ANO FINAL PLATS) CITY FILES OTHER: YOUR CONCISE REMARKS: • • ~~ N ®V 1 2 1993 CITY OF MERIDIAN 33 E . IDAHO AVE . CITY ®F ~Rdd~IAN MERIDIAN, IDAHO 83642 VARIANCE APPLICATION NAME: ADDRESS : //® ~{ C~ ii ~ /// GENERAL LOCATION: ®~~ CI.~e PHONE ~~~-7~~~ ~e~ t~, LEGAL DESCRIPTION OF PROPERTY: ( S'~e q~~ ~ ~ e~~ ~ / ,f,c ~~~-~ ~~~ PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option agreement must be attached. /n~~ PRESENT ZONE CLASSIFICATION ~i~~ ~~~ ~t~c.e VICINITY SKETCH: A vicinity map at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within contiguoug 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) ~~~~Z 5~~~ SIGNATURE: ~,~ ~ CITY COUNCIL RECORDS `~ Date Received City Council Hearin Date Received By (RE: Meridian Zoning Ordinance) DESCRIPTION OF PROPOSED VARIANCE: ~~ /.~s~~~ ~j,~,e -~ ~r,~,Id ct,~ • 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 ~e dAne on or with the pro ert ? ~e ~v~ ~. U~.ec~u,'~` l®t ~r~~~- be /i~kc~ ®~r ®~e ~~7~ f,~J~ ~o'c.~a~ 1,;~,e ~ ~ ~~~ ~ ~~ ~~ ~ d ~ ~~~ v e ~ ~. d l~ k d s~~ ~, ecJ~ e,~~ ~ f~ /eke ~ c~~ ~~,-~~~- ~~r~ ~ arme~ e ~h ~ Ns ecrhe~ ~l~s~r ~~ ~c~~r~ /in'e~ ~ ~//ate- ~' PG5/~- fK~+~°~"14t~tae~ ~.~~ 6e~~' ~~i/r'z~7~ioat ~{~T~-f ~ ~tP;' 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? ~,I,~ ~~~ ~,®~ ~urro~-kdecQ 6 ~ou.~e5 ~.ue~ ~ e~-+~-red. p~r~C-k %o~. 1,J.e are `~ 6k 5`cu a~~P b~.,;l~@oK sw ~e area.. S~r~-o~.~l,°~y ~.~e~se~ e~,+~. Caked ~~e~ b~ilc~ ~~~, ~rrn.~ ~ C'® er ~- ~i~4. Pale c,>ak(d ~JI~k ~a do ~ ~~.~e ~ f~~ d 1 /1 ~y, _y, 1 e ~O ere l l ~•'l ~I ~ ~' ~~ l ~a`Y~7 / ~.e ~ @' h ~O ~~p ®G~ Se ~a a vu Q . 3. Why will a literal interpretation of the provisions of this ordinance deprive you of rights commonly enjoyed by other properties in the same district under the terms of this ordinance? 13e ~~~se ever owe else is z~~e~ ~,`~'{'~r~~.fl y ~" ~h., ~~~ Sire Lie ~..re be- de -Ue~ ®~' of~ f i l.~s ~, ~o~e~/er ~ Wee•~~ li°ke -~ ~~i1,ze ~ e~ fog-I-°Fer° ~ Fa~~ SPf~O~e,~ iS l~~rd~r -~, 1°~tcf.)1~~~..-~ ~~~ ~ p-~~~~~-~ e~.~f~ lae ~+il~z~~ ~~e7~#er. 4. What special conditions or circumstances exist that were not a result of your actions? fU~r~e 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? ~~-~ ~e~ ears c~.~~ w ~ I>~~ dive cis ~ ~- wl~ ~l~e~ `~ s~~e , s~~ c,~.l ~~~ c~ ~r~~v>'1~~~ ~ loaf ~ v~~ Je~ 104CK, ' Jd d~ .. ,~. s 3 z • ECE~ ~ L~ OCT 0 6 X93 N~~ ®F ~~~9~~~~ ., ., h KECEI~IEI) ORTHODONTICS OCT 0 6 1993 ®®®®m®®=®® ®®_ ® CITE' C ~~= ~ - September 21, 1993 Will Berg Meridian Gity Clerk Dear Mr. Berg We are planning the construction of a storage garage an the northeast corner of our property at 1104 and 1114 W. Cherry lane. This will be a single story free standing structure 30ft X 36ft. The preferred location of the garage would be the north east cor- ner of the property so as to allow maximum parking behind the dental office . The current zoning of this property as "Limited Office" stipulates a 20ft set back at the front and the rear of the property. Locating the garage 2Oft from the north property line would create a rather large unusable and difficult to maintain strip of land. Our residential neighbor to the north has con- structed a garage 5 ft from the property line. Would the city consider granting us a variance to allow the construction of the garage closer to the property line? Sincerely, Rodney D. Brady Terrell F. Tingey~ D.D.B. M.B.D. ~~, 1 ~^gcr Terrell F. Tingey 2020 North Cole Roed / Boise, Idaho X3704 / Phone [208J 376-083'1 1'1'14 West Cherry Lane / Merldien, Idaho 83642 / Phorre [208] BB6-6'148 Manber A 'c n ~ssodation s -~ • ORTHODONTICS September 21, 1993 Will Berg Meridian City Clerk Dear Mr. Berg We are planning the construction of a storage garage on the northeast corner of our property at 1104 and 1114 W. Cherry lane. This will be a single story free standing structure 30ft X 36ft. The preferred location of the garage would be the north east corner of the property so as to allow maximum parking behind the den- tal office. The current zoning of this property as "Limited Office" stipulates a 20ft set back at the front and the rear of the property. Locating the garage 20ft from the north property line would create a rather large unusable and difficult to maintain strip of land. Our residential neighbor to the north has constructed a garage 5 ft from the properttyy line. Would the city consider granting us a variance to allow the construction of tl~e garage closer to the property line? Sincerely, Rodney D. Brady Terrell F. Tingey, D.D.B.. M.S.D. ~ ~~ Terrell F. Tine `" gY 2020 North Cole Roed / Bolee, Idaho 83704 /Phone [208] 376-083'1 1'1'14 West Cherry Lane /Meridian, Idaho 83842 /Phone [208J BBB-6'148 Arm ac n~F~ssodation ~ OrUiod ~_ - ~ Y • . 4 1f~~~y ~ ~Rr~~°~ ~~.~~~~~a~~ s a- J J ~ c,~~~~Y ~~- • • LINDA L. PADDOCK 1717 CRESTMONT DR MERIDIAN ID 83642 KAROL WALKER 1665 NW 11TH AVE MERIDIAN ID 83642 ROMAN CATHOLIC DIOCESE OF BOISE 303 S. FEDERAL WAY BOISE ID 93705 EDSON A. & PATRICIA A. FUJII 4345 PASADENA BOISE ID 83705 ALLAN D. WALTHERS 1720 NW 11TH AVE MERIDIAN ID 83642 LINDA L. PADDOCK 1643 NW 11TH ST MERIDIAN ID 83642 GUY L. WALKER 1691 NW 11TH AVE MERIDIAN ID 83642 GARY C. & VICTORIA L. WEEKS 1812 LEISURE LANE MERIDIAN ID 83642 ROBERT C. & BRENDA KAY DUNN 1696 NW 11TH AVE MERIDIAN ID 83642 PAUL & ILSE ORTIZ 1744 NW 11TH AVE MERIDIAN ID 83642 DONALD D. & LEONE N. RUSHER GEORGE & BARBARA J. OSTLUND 1768 NW 11TH AVE TRUSTEES-OSTLUND FAMILY TRUST MERIDIAN ID 83642 1311 ENGLISH AVE TURLOCK CA 95380 MICHAEL L. & ROBERTA L. HEDBERG EDWARD O. LEMKE 1903 NW 10TH 1831 NW 10TH MERIDIAN ID 83642 MERIDIAN ID 83642 DELBERT R. & REAR L. NIBLETT VIVIAN A. DEITRICK 2035 CHIPPEWA 1029 YOST BOISE ID 83709 MERIDIAN ID 83642 MARGARET W. KEENE SHARON J. STEWART 1017 POST 1005 YOST MERIDIAN ID 83642 MERIDIAN ID 83642 JOHN A. & MARGIE E. EARLYWINE MERIDIAN SCHOOL DISTRICT 937 YOST 911 N MERIDIAN RD MERIDIAN ID 83642 MERIDIAN ID 83642 • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian,Idaho, at the hour of 7:30 p.m., on December 21, 1993, for the purpose of reviewing and considering the Application of Rodney Brady and Terrell Tingey for a variance request to build and locate a garage five feet from the rear (North) property line. Present zoning stipulates a 20 ft. set back. The property is located in Section 1, T 3N, R 1W, Boise-Meridian, Ada County, Idaho, and which property is generally located on 1104 and 1114 West Cherry Lane. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 1st day of December, 1993. WILLIAM G. BERG, JR., CI Y CLERK DATE: ~ ~ ~ ~~~ MERIDIAN CITY NCIL AGENDA ITEM NUMBER ~ APPLICANT:! ~ ~ REQUEST :. t~L'l~t,~,~„~ec ~r(,~. AGENCY COMMENTS: MERIDIAN POLICE - MERIDIAN FIRE DEPT. - MERIDIAN CITY ENGINEER - ~ ~ ~ MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - MERIDIAN BUILDING DEPT. - "~ ~~~~ ADA COUNTY HIGHWAY DISTRICT - ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - NAMPA MERIDIAN IRRIGATION - SETTLERS IRRIGATION - v ~~c! ~~~ IDAHO POWER - US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN CITY ATTORNEY - MERIDIAN PLANNING DIRECTOR - OTHER COMMENTS: t 0 • ' C~Op~ BEFORE THE MERIDIAN CITY COUNCIL RODNEY BRADY ~ TERRELL TINGEY VARIANCE APPLICATION 1114 AND 1104 WEST CHERRY AVENUE MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing December 21, 1993, at the hour of 7:30 o'clock p.m., the Petitioner appearing, the City Council brought the matter on for consideration of the January 4, meeting but ,the Applicant had requested that it be tabled until January 18, 1993, the City Council 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 notice of a public hearing on the Variance Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for December 21, 1993, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the December 21, 1993, 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; that a hearing on the matter was scheduled, noticed and held on December FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 1 • • 21, 1993. 2. That this property is located within the City of Meridian and the Applicants are the owners of the property which is described in the application which description is incorporated herein. 3. That notice of public hearing 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 B. l.b. of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. 4. That the Applicant is the property owner and the property is zoned Limited Office. 5. That Ordinance 11-2-410 A, Zoning Schedule of Bulk and Coverage Controls, requires, in the Limited Office Zone, that the Minimum Yard Setback Requirement is twenty (20) feet. 6. That the Applicant has requested that he be granted a variance from the above yard setback requirement to build and locate a garage 5 feet from the rear (North) property line; the Applicant stated that the garage would face 11th street and would be constructed out of metal; the Applicant's office building is not metal but is wood and brick. 7. That the proposed dimensions of the garage are 30' by 36' and the garage would be located in the northeast corner of property to maximize the parking space. 8. There was testimony offered stating objections to construction of a metal garage. Guy Walker stated: "Not in FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 2 • harmony with the rest of the area", "No rear space between garage and adjacent property", "Property values will decline", "Concerned about the composition of building". "The planned use and development of the remaining property does provide the owner special privileges that the rest of the surrounding property owners do not enjoy." "The proposed metal structure is not in harmony with the existing office building or existing residential homes or day care surrounding it or with the existing zoning which is limited office use." Robert Dunn lives next door and stated that he did not want a garage next to him and had the same position as Guy Walker. Allan Walters states that he concurred with Guy Walker and was concerned about the composition of the garage. 9. All those objecting agreed that the they'd like to see the development of this property and the removal of the unsightly dirt piles and weeds and potential fire hazard it now creates. 10. That the property where the garage would be located is not well kept and is in need of maintenance. 11. The City Engineer, Gary Smith, commented that there were some irrigation inlet structures near the northeast corner of this parcel; that the structure needs to be located with respect to his parcel's; north and east boundary lines to be sure there is access for maintenance purposes. He also stated that paving, landscaping, lighting and fencing are prescribed by Ordinance 11- 2-414 (D). Surface drainage from the paved area needs to be retained and disposed of on-site pursuant to Ordinance 11-2-414 FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 3 • (D) 2. d. 12. The Meridian Planning Director, Wayne Forney, commented that the variance could be approved subject to the neighbors and Applicant meeting and submitting a revised site development plan showing construction and siting details; that a review of similar buildings next to residential properties in the Old Town district indicates that a 7 to 10 foot setback is workable for residences and businesses. 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 of the requested variance to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Planning and Zoning Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 4 • . 5. That the following provision of Section 11-9-612 A. 1., of the Zoning Ordinance is noted which is pertinent to the Application: 11-9-612 A. 1. PURPOSE The Council, as a result of unique circumstances (such as topographic - physical limitations or a planned unit development) , may grant variances from the provisions of this Ordinance on a finding that undue hardship results from the strict compliance with specific provisions or requirements of the Ordinance or that application of such provision or requirement is impracticable. 6. That if a garage, parking, landscaping and lighting were installed, it would be a significant improvement to the property and the area. 7. That the specific requirements regarding a variance must be evidenced and found by the City Council are as follows: 11-9-612 A. 2., FINDINGS No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That the strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions or other such conditions which are not self- inflicted, or that these conditions would result in inhibiting the achievement of the objectives of this Ordinance; c. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 5 property in the area in which the property is situated; d. That such variance will not violate the provisions of the Idaho Code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Plan. 8. That there does appear to be a specific benefit or profit, economic gain or convenience to the Applicant; however, the improvement to the property that would come with having a garage constructed on the property would be great. 9. That regarding Section 11-9-612 A. 2. it is specifically concluded as follows: a. That there are no special circumstances or conditions affecting the property that the strict application of the provisions of the Limited Office (L-O) street frontage Ordinance would clearly be unreasonable. b. That strict compliance with the requirements of the street frontage Ordinance would not result in extraordinary hardship to the applicant as a result of factors not self-inflicted. c. That the granting of a variance would not necessarily be detrimental to the public's welfare or injurious to other property in the area in which the property is situated because the property would be cleaned up. d. That the variance would not have the effect of altering the interests and purposes of the set back requirement of the Ordinance because their is normally only a five foot per story set back in residential neighborhoods which the Applicant's proposed garage would be next to. 10. That it is concluded that granting the variance, which would grant the Applicant a special privilege, must be weighed against the benefit of having the property improved which would benefit the neighbors and the community. 11. That it is specifically concluded that most of the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 6 • objection to the garage was the type of construction, a metal building; that if the construction type is changed it is likely that the objections would not be there. 12. Therefore, it is hereby concluded that if the Applicants are willing to design and construct the garage in the same fashion as their office building using the same materials, and not metal, the variance should be granted; that if Applicants are willing to enter into a development agreement which will set forth the design and materials to be used the variance should be granted and would be in the best interest of the City and neighbors. 13. The City has in the past granted similar variances as requested by the Applicant but has also denied such variances; each application must stand on its own merits and the granting of one variance is not a precedent for granting others. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby approve these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN YERRINGTON COUNCILMAN MORROW COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) DECISION VOTED ~ VOTED°~''~ VOTED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 7 That it is decided the variance of the 20 foot set back requirement to a 5 foot setback is hereby granted if, prior to issuance of a building permit, the Applicants enter into a development agreement which sets forth the design and materials to be used and all of the paving, landscaping, lighting, and fencing; additionally the Applicants must take measures to protect the irrigation facilities that are located on the property. APPROVED: DISAPPROVED: FINDINGS OF rACT AND CONCLUSIONS OF LAW Page - 8 DATE: a ~99y MERIDIAN CITY~UNCIL AGENDA ITEM NUMBER ~ APPLICANT; ~. REQUEST :. l/ AGENCY MERIDIAN POLICE - MERIDIAN FIRE DEPT. - MERIDIAN CITY ENGINEER - MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - MERIDIAN BUILDING DEPT. - COMMENTS: ~ ~~~ ADA COUNTY HIGHWAY DISTRICT - ADA STREET NAME COMMITTEE - W` c ~ S ~~ ~'' ,_ v c ~- CENTRAL DISTRICT HEALTH - `r ~~ ~a~ r't..p 4~`'~-. ~ ' NAMPA MERIDIAN IRRIGATION -~ ~ ~~°` ~ ~`Q'~`'b~ ~~`f` ~ SETTLERS I RR I GAT I ON - ,~~~,~,p~- '' IDAHO POWER - US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATIDN - MERIDIAN CITY ATTORNEY - MERIDIAN PLANNLNG DIRECTOR - ~~ C-r~ ®,. OTHER COMMENTS: OFFICIALS WAYNE S. FORREY, AICP, Clty Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR.. Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON, Police Chief GARY SMITH, P.E., City Engineer • HUB OF TREASURE VALL~ A Good Place to Live CITY OF MERIDIAI~T 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor COUNCILMEN RONALD R. TOLSMA ROBERTGIESLEA MAX YEARINGTON ROBEAT D. CORRIE Chairman Zoning 6 Planet JIM JOHNSON Centennial Coordlnatar PATSY FEDRIZZI TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian may we have your answer by: 99 3 ' TRANSMITTAL DATE : 1 2 - Z, I - 9 ~ ,.HEXING DATE RE OUE S T : yOIJ~.~I,Q~.,,R, BY: I-~~-q~l .. r,- : ' LOCATION OF PROPERTY OR F~ROJECT : ~ JO ~-f ~:~ - ~( f ,, ~ ~ `_ ,u JIM JOHNSON P/Z MOE ALIDJANI,P/I JIM SHEARER, P/I CHARLES ROUNTREE, P/I TIM NEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C BOB GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WA1ER DEPT, JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT ' POLICE DEPARTMENT GARY SMITH, P,E. ENGINEER WAYNE FORREY, AICP, PLANNER ~ /_ s ~ ~, ,MERIDIAN SCNOOL ~ISTRICT MERIDIAN POST OFFICE (PRELIM AND FINAL PLATS) '`-_ADAµCt~UNTY HIGHYAIF DLSTRICT ~~~.r.,.~_ , ADA PLANNING ASSOCIATION CENTRAL DISTRICT HfALTH ' NANPA MERIDIAN IRR:~DISTRICT SETTLERS IRRLGATI4M°DISTRICT IDAHO POWER.CO,~-(PRELIM AND FINAL PLATS) D~S:~~~i1EST (PRELIM ANO FINAL PLATS) INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) CITY FILES OTHER: YOUR CONCISE REMARKS: ~ ® d .-- ~ _ • ~Sra~~ ~~y D.~, . • HU B OF TREASURE VALLEY OFFICIALS A Good Place to Live WAYNES.FORREY,AICP,CItyClerk JANICE GASS, Treasurer CITY OF MERIDIAI~T COUNCILMEN RONA BRUCE D. STUART, Water Works Supt. LD R. TOLSMA WAYNE G. CROOKSTON, JR., Attorney Water supt. ' 33 EAST IDAHO ROBERTGIESLER MAX YERRINGTON KENNY BOWERS, FI re c ~Bf MERIDIAN IDAHO 83642 ROBERT D. CORRIE BILL GORDON, Police Chief GARY SMITH, P.E., Clty Engineer , Phone (208) 888-4433 Chairmen Zoning 8 Planning JIM JOHNSON FAX (208) 887-4813 GRANT P. KINGSFORD Centennial Coordinator PATSY FEDRIZZI Memorandum Mayor To: Mayor, Council Members. From: Wayne S. Forrey, AICP -Planning Date: 14 January 1994 Regarding: Rodney Brady and Terrell Tingey -Rear Yard Setback Variance Request. Regarding the request~~f~rt• Variance to Allow a Storage Tiuild within 5 Feet of the Rear Yard Property,~in~ 1 rtstead of the Required 20 Foot tick: -The adopted Comprehensive Plan,t~dicates that del `~~ttlr die uani~ad portion of the community should ~`` flexible to consider the needs of business and residential properties. The applicants pro~xose to cpnstnlet a storage building and add~ti~~n~l``pa,~king for business needs and to cleanr>~p the back of their property. Because the propoi storage building is adjacent to residential dwellings, the applicants and adjoining neighl%f~a-s should Ini; a,~idrxe>r up`ra~kau~~lrz firusl~~or type of construction material 't,t is attractive and functional. The City could help coordinate this neighbor/applicant meeti to arrive at a workable solution. Th~`~is also the possibility of columnar shrubbery or sznail treed between the b>ilding and taorth property line to help buffer this building. This variance could be approved subject to the neighbor/Applicant coordination meeting and submittal of a revised site development plan showing construction and siting details. A review of similar buildings next to residential properties in the Old Town District indicates that a 7 to 10 foot setback is workable for residences and business. ® HUB OF TREASURE VALL~ A Good Place to Live OFFICIALS WAYNE S.FORREY,AICP,CItyClerk JANICE GASS T CITY OF MERIDIAN COUNCILMEN R p . reasurer BRUCE D. STUART, Water Works Supt. OBERTGIESLER WAYNE G. CROOKSTON, JR.. Attorney 33 EAST IDAHO MAX YEARINGTON JOHN SHAWCROI=f, waeta Water s~pc. KENNY BOWERS F MERIDIAN IDAHO 83642 gOSERT 0. CORRIE , ire Chief , Chairman Zoning 6 Pianr BILL GORDON. Police Chief Phone (208) 888-4433 JIM JOHNSON GARY SMITH, P.E.. City Engineer FAX (208) 887813 Centennial Coordinato GRANT P. KINGSFORD PATSY FEDRIZZI Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that >~our comments and recommendations will be considered by the Meridian may we have your answer by: 99 3 TRANSMITTAL DATE : ) Z - Z I - 9 ~ __ -:~ -°'HE14fZING DATE RE O UE S T : yQ~,O,n~~,t~ )~~~-gK BY: LOCATION OF PROPERTY OR 1_ , JIM JOHNSON P/I MOE ALIDJANI,P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C BOB GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY GARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER PROJE C T I I C~ ~"~ j J ~ t-t (~,~ `. n~.M ^MEA3DTAN SCHOOL ~ISTRICT f. .P MERIDIAN POST OFFICE (PRELIM ANDS FINAL PLATS) ADA COUNTY HIGHWAY DLSTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HfALTH NAMPA MERIDIAN IRR._DISTRICT SETTLERS ISRT6ATIOII°DISTRICT IDRHO POWER.CO,.-(PRELIM AND FINAL PLATS) . lFrS~;6tEST (PRELIN AND FINAL PLATS ) INTERMOUNTAIN GAS (PRELIM ANO FINAL PLATS) BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) CITY FILES OTHER: /~' ~- ~" YOUR CONCISE REMARKS: O ~I ~rY MJ"~.~~H' f ~ 6oyyr~ / ~ lQC r4 ~6-b'+~ ~~ ~$s ~~~~d~~~z ~ ~~ ~ F~~.~ ~e ~ ~ e2~f ^~. ' . HUB OF TREASURE VALL,~ ~~~~~~ OFFICIALS A Good Place to Live WAYNES.FORREY,AICP,CItyClerk ~~ COUNCILMEN 9 ~~ ~ ~ ~ JANICE GASS, Treasurer CITY OF MERIDI ° RONALD R. TOLSMA BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney ~ 33 EAST IDAHO ®~ ~~Y~~6~eA~ ROBEAT GIESLEA M MAX YEARINGTON JOHN SHAWCROFT, Waste Water Supt. KENNY BOWEAS, Fire Chief MERIDIAN, IDAHO 83642 ROBERT D. CORRIE BiLLGORDON,POIiceCAief Phone (208)888-4433 Chairman Zoning rt< Plann ~~~~O~~J~® JIM JOHNSON GARY SMITH. P.E., Clty Engineer FAX (208) 887-4813 VV Centennial Coordinato GRANT P. KINGSFORD 2 ~ Q ~ L+ ~~'~' PATSY FEDRIZZI Mayor FIANAF~A dt MERIDIAN TRANSMITTAL IRRIt3ATI0N DI3TRiCT TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian may we have your answer by : ~,~94 3 TRANSMITTAL DATE : ) Z ~ 21 - ~ ~ __. .. ... `a~E~RING DATE : I L~ - q ~/ RE(~UEST : 1~0~,~,o,,r.,t~ ,. E3 Y . ~~ sri> LOCATION OF PROPERTY OR PROJECT : I1C) ~ ~~. t' 1 K '" - " ''^ ~ C~..~O./~.t~A ~(~ciss~ 1l ..~~t..___ `^'v, 'an _ .~1,,~. l;,n : ~ G _ _ _ Q v JIM JOHNSON P/I _ - w ~~ . .. ~HE~IDIAN SCHOOL ISTRICT MOE ALIDJANI,P/Z MERIDFAN POST OFFICE (PRELIM ANDyFINAL PLATS) JIM SHEARER, P/I ADA CBUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z AOA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH '~ GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IR1t.._BISTRICT RONALD TOLSMA, C/C ~ SETTLERS IRRI.GATI01'I°DISTRICT BOB CORRIE, C/C IDAHO POWER.CO,.~(~RELIM AND FINAL PLATS) BOB GIESLER, C/C ~ °!lS~~tJfST (PRELIM AND FINAL PLATS) MAX YERRINGTON, C/C INTERMOUNTAIN GAS (PRELIM ANO FINAL PLATS) BRUCE STUART, WATER DEPT. BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) JOHN SHAWCROFT, SEWER DEPT. CITY FILES BUILDING INSPECTOR OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irrigation POLICE DEPARTMENT District has no comment on this variance CITY ATTORNEY request . GARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER ~,~ Bill Henson Foreman Nampa & Meridian Irrigation District CENTRAL •• DISTRICT ~R'HEALTH DEPARTMENT Rezone # Conditional Use ## REVIEW SHEET ~~~~~ Environmental Health Division J A N ~ ~ ~~~~ Return to: C ®~ ~~II~~A~ ^ Boise ^ Eagle ^ Garden city Meridian ^ Kuna ^ Acz ^ I. We have 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 concerning individual sewage disposal, we will require more data concerning the depth ob ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. After written approval from appropriate entities are submitted, 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 & Welfare , Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 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. ^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store 13. _6/~ f~j--/E 9i/o f~13~~c1-7o~,.$' y' ;l Date: ~/ /-~- Reviewed By: otvt CDND ID/91 rcb, rev. I I/93 jll Preliminary /Final /Short Plat . HUB OF TREASURE VALLEY • OFFICIALS A Good Place to Live WILLIAMG.BERG,JR.,CItyClerk JANICE GASS Treasurer CITY OF 1VIERIDIAN COUNCILMEN RONALD R TOLSMA , BRUCE D. STUART, Water Works Supt. . ROBERT GIESLER WAYNEG.CROOKSTON,JR.,Attorney 33 EAST IDAHO MAxYERRINGTON JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS Fi MERIDIAN IDAHO 83642 ROBERT D. CORRIE , re Chief BILL GORbON, Police Chief , Phone (208) 888-4433 Chairman Zoning & Planning GARY SMITH, P.E., City Engineer FAX (208) 887-4813 JIM JOHNSON Centennial Coordinator GRANT P. KINGSFORD PATSY FEDRIZZI Mayor NOTE OF CLARIFICATION ~~ TO : Mayor and Counci 1 ®~ C 2 ~ ~~~~ FROM: Administrative Secretary ~~~'~ ®~ ~~~~~~~ DATE: December 21, 1993 RE: ITEM #8 ON AGENDA PUBLIC .HEARING FOR VARIANCE We have not yet received all of the comments for agencies on this report. I recommend that you allow addit,zonal time to receive these comments. P1-ease conduct the hearing a required. z~ i~y3 ' DATE: I MERIDIAN CIT~iOUNCIL AGEt'VDA ITEM NUMBER= APPLICANT: , REQUEST:. AGENCY MERIDIAN POLICE MERIDIAN FIRE DEr~T. - MERIDIAN CITY ENGINEER - MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT - COMME,'VTS ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - NAMPA MERIDIAN IRRIGATION - SETTLERS IRRIGATION - IDAHO POWER - US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN CITY ATTORNEY - MERIDIAN PLANNING DIRECTOR - OTHER CCMMEVTS: r~ • • GUY L. WALKER 1691 N. W. 11TH AVE. MERIDIAN, ID. 83642 DECEMBER 21, 1993 888-7109 RE: VARIANCE REQUEST (DR. BRADY & DR. TINGRY) MAYOR KINGSFORD & MEMBERS OF THE CITY COUNCIL: ALTHOUGH I WOULD LIKE TO SEE THE FINAL DEVELOPMENT OF THIS PROPERTY WHICH WOULD REMOVE THE UNSIGHTLY DIRT PILES AND WEEDS WHICH ARE A EYE SORE AND A FIRE HAZARD. I AM OBJECTING TO THE PROPOSED VARIANCE AND DEVELOPMENT OF THIS PROPERTY FOR THE FOLLOWING REASONS: A. THE PLANNED USE AND DEVELOPMENT OF THE REMAIlVING PROPERTY DOES PROVIDE THE OWNERS SPECIAL PRIVII,EGES THAT THE REST OF THE SURROUNDING PROPERTY OWNERS DO NOT ENJOY. CONTRARY TO THE OWNERS STATEMENT THAT WE ALL HAVE 5' SET BACKS, THIS HAS BEEN CONFUSED THAT OUR SET BACKS ARE SIDE YARDS NOT REAR YARDS AS PROPOSED BY THE OWNERS OF THIS PROPERTY. THE ORDINANCE IS CLEAR ON CORNER LOTS AS TO SET BACKS FROM THE STREET AS WELL AS SIDE YARDS AND REAR YARDS. THE PROPOSED DEVELOPMENT WII,L HAVE AN EFFECT ON THE REAR OF THERE PROPERTY AND WOULD ALLOW FOR NO REAR SPACE BETWEEN THEM AND THE ADJOINING PROPERTY. THEREFORE CREATING A POTENTIAL FIRE HAZARD AND WOULD NOT BE HARMONIOUS WITH THE REST OF THE NEIGHBORHOOD. THE PROPOSED METAL STORAGE BUILDING IS NOT IN HARMONY WITH THE EXISTING ZONING OF THE PROPERTY WHICH IS LIlVIITED OFFICE USE. THE PROPOSED STRUCTURE WOULD CREATE A COMMERCIAL EFFECT ON THE PROPERTY AND WOULD DEVALUATE ALL OF THE SURROUNDING PROPERTY CONSIDERABLY. FURTHERMORE THE PROPOSED METAL BUILDING IS NOT IN HARMONY WITH THE EXISTING OFFICE BUILDING OR EXISTING RESIDENTIAL HOMES OR DAY CARE SURROUNDING IT. `^ • • ITT 1~ T rl(lK T ~ AT rr z ,T+ ,_ T(r ~ a s u ~ ~. COMMENT OF THE DETAILS OF THE BUILDING SUCH AS: SIDE WALLS? ~~°'~3~"" ROOF MATERIALS? HEIGHT? ETC. STORAGE NOT LIMITED COULD BE ANY THING. THE PROPOSED DEVELOPMENT AND USE OF THIS LAND IS NOT EVEN IN HARMONY WITH THE ENTIRE AREA FOR MII,ES AROUND. I WOULD LIKE TO SEE THIS PROPERTY DEVELOPED BUT I THINK THE OWNERS SHOULD BE MORE AWARE OF DEVELOPING THIS PROPERTY SO THAT IT IS IN HARMONY WITH THERE OWN BUILDING AS WELL AS THE SURROUNDING NEIGHBORHOOD. I WOULD NOT BE OPPOSED TO THEM BEING ALLOWED SPECIAL PRIVII..EGES REGARDING SET BACK VARIANCES PROVIDING THAT THE PROPOSED DEVELOPMENT OF THE PROPERTY IS IN HARMONY WITH THEIR EXISTING BUII,DING AND THE SURROUNDING NEIGHBORHOOD. SHOULD THIS VARIANCE BE GRANTED THERE IS NOTHING TO PREVENT THE CONTINUED EXPANSION OF SAID BUILDING TO WITHIN 20' OF THE EXISTING STREET. ALSO SHOULD THIS VARIANCE BE GRANTED I BELIEVE IT IS ALSO GIVING THEM A VARIANCE TO THE PRESENT ZONING OF SAID PROPERTY. ALSO I BELIEVE DUE TO THE PROPOSED DEVELOPMENT AND USE OF THIS LAND THAT PLANNING & ZONING SHOULD REVIEW SAID DEVELOPMENT PRIOR TO GRANTING OF THIS VARIANCE. ZONING CHANGE FOR USE THEREFORE I RESPECTFULLY REQUEST THE COUNCIL TO DECLINE THE PROPOSED VARIANCE, OR TABLE THE VARIANCE UNTII, A MORE SATISFACTORY PROPOSAL IS PRESENTED THAT WII,L NOT ADVERSELY EFFECT THE PROPERTY VALUE SURROUNDING THE DEVELOPMENT. ~~ 'ALKER • GUY L. WALKER 1691 N. W. 11TH AVE. MERIDIAN, ID. 83642 DECEMBER 21, 1993 888-7109 RE: VARIANCE REQUEST (DR. BRADY & DR. TINGRY) LJ MAYOR KINGSFORD & MEMBERS OF THE CITY COUNCII,: ALTHOUGH I WOULD LIKE TO SEE THE FINAL DEVELOPMENT OF THIS PROPERTY WHICH WOULD REMOVE THE UNSIGHTLY DIRT PILES AND WEEDS WHICH ARE A EYE SORE AND A FIRE HAZARD. I AM OBJECTING TO THE PROPOSED VARIANCE AND DEVELOPMENT OF THIS PROPERTY FOR THE FOLLOWING REASONS: A. THE PLANNED U5E AND DEVELOPMENT OF THE R:I'sMAINING PROPERTY DOES PROVIDE THE OWNERS SPECIAL PRIVILEGES THAT THE REST OF THE SURROUNDING PROPERTY OWNERS DO NOT ENJOY. CONTRARY TO THE OWNERS STATEMENT THAT WE ALL HAVE 5' SET BACKS, THIS HAS BEEN CONFUSED THAT OUR SET BACKS ARE SIDE YARDS NOT REAR YARDS AS PROPOSED BY THE OWNERS OF THIS PROPERTY. THE ORDINANCE IS CLEAR ON CORNER LOTS AS TO SET BACKS FROM THE STREET AS WELL AS SIDE YARDS AND REAR YARDS. THE PROPOSED DEVELOPMENT WILL HAVE AN EFFECT ON THE REAR OF THERE PROPERTY AND WOULD ALLOW FOR NO REAR SPACE BETWEEN THEM AND THE ADJOINING PROPERTY. THEREFORE CREATING A POTENTIAL FIRE HAZARD AND WOULD NOT BE HARMONIOUS WITH THE REST OF THE NEIGHBORHOOD. THE PROPOSED METAL STORAGE BUILDING IS NOT IN HARMONY WITH THE EXISTING ZONING OF THE PROPERTY WHICH IS LIlVIITED OFFICE USE. THE PROPOSED STRUCTURE WOULD CREATE A COMMERCIAL EFFECT ON THE PROPERTY AND WOULD DEVALUATE ALL OF THE SURROUNDING PROPERTY CONSIDERABLY. FURTHERMORE THE PROPOSED METAL BUII,DING IS NOT IN HARMONY WITH THE EXISTING OFFICE BUILDING OR EXISTING RESIDENTIAL HOMES OR DAY CARE SURROUNDING IT. QUITE FRANKLY IT WOULD LOOK LIKE A OUT BUILDING FOR A FARM. COMMENT OF THE DETAILS OF THE BUILDING SUCH AS: SIDE WALLS? ROOF MATERIALS? HEIGHT? ETC. STORAGE NOT LIlVIITED COULD SE ANY THING. THE PROPOSED DEVELOPMENT AND USE OF THIS LAND IS NOT EVEN IN HARMONY WITH THE ENTIRE AREA FOR MILES AROUND. I WOULD LIKE TO SEE THIS PROPERTY DEVELOPED BUT I TI~TK THE OWNERS SHOULD BE MORE AWARE OF DEVELOPING THIS PROPERTY SO THAT IT IS IN HARMONY WITH THERE OWN BUILDING AS WELL AS THE SURROUNDING NEIGHBORHOOD. I WOULD NOT BE OPPOSED TO THEM BEING ALLOWED SPECIAL PRIVII.EGES REGARDING SET BACK VARIANCES PROVIDING THAT THE PROPOSED DEVELOPMENT OF THE PROPERTY IS IN HARMONY WITH THEIR EXISTING BUILDING AND THE SURROUNDING NEIGHBORHOOD. SHOULD THIS VARIANCE BE GRANTED THERE IS NOTHING TO PREVENT THE CONTINUED EXPANSION OF SAID BUII,DING TO WITHIN 20' OF THE EXISTING STREET. ALSO SHOULD THIS VARIANCE BE GRANTED I BELIEVE IT IS ALSO GIVING THEM A VARIANCE TO THE PRESENT ZONING OF SAID PROPERTY. ALSO I BELIEVE DUE TO THE PROPOSED DEVELOPMENT AND USE OF THIS LAND THAT PLANNING & ZONING SHOULD REVIEW SAID DEVELOPMENT PRIOR TO GP:ANTING OF THIS VARIANCE. ZONING CHANGE FOR USE THEREFORE I RESPECTFULLY REQUEST THE COUNCIL TO DECLINE THE PROPOSED VARIANCE, OR TABLE THE VARIANCE UNTIL A MORE SATISFACTORY PROPOSAL IS PRESENTED THAT WILL NOT ADVERSELY EFFECT THE PROPERTY VALUE SURROUNDING THE DEVELOPMENT. RESPECTFULLY, ;' GUY L. WALKER ~~,~ ,e~T`d~ C~~~'~e~' ell ~~~~~~~,.~~ ~T~f~'%f~l?®,¢,P1~~. t OFFICIALS WAYNE S. FORREY, AICP, Clty Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON. Police Chief GARY SMITH. P.E.. City Engineer • HUB OF TREASURE VALL~ A Good Place to Live CITY OF MERIDIAN COUNCILMEN R A ROBERTGESLEA 33 EAST IDAHO MAX YERRINGTON ROBERT D.CORRIE MERIDIAN IDAHO 83642 , c hairman Zoning ~ Plann Phone (208) 888-4433 JIM JOHNSON FAX (208) 887-4813 DEC 2 1 1993 Centennial Coordinato GRANT P. KINGSFORD C~~~ ~~ ~]~ PATSY FEDRIZZI ~~~ Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian may we have your answer by: 99 3 TRANSMITTAL DATE : S 2 ' 21 - q ~ ....~- -~..HE>4RING DATE REDDEST: y i-~~-q~ BY: LOCATION OF PROPERTY L~ . ~ ~„>~ JIM JOHNSON P/Z MOE ALIDJANI,P/Z JIM SHEARER, P/I CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C BOB GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY 6ARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER OR PROJECT: ~~yVf r., .,~:t't~f 1~`. MEI~iDIAN SCHOOL DISTRICT MERIDIAN POST OFFLCE (PRELIM AND FINAL PLATS) ADA COUNTY HIGHWAI~ DISTRICT x .. ~~ ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR~.DISTRICT SETTLERS IRRIGATIOM`DISTRICT IDAHO POWER CQr.-('PRELIM AND FINAL PLATS) -. t~5~~~WEST (PRELIM AND FINAL PLATS) INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) CITY FILES 2 ~ ~~, OTHER: ~ 2 YOUR CONCISE REMARKS: n n 2~,igg3 DATE: MERIDIAN CITY~UNCIL AGENDA ITEM NUMBER U APPLICANT: RE~UEST•. AGENCY COMMENTS: MERIDIAN POLICE - MERIDIAN FIRE DEPT. - MERIDIAN CITY ENGINEER - MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - MERIDIAN BUILDING DEPT. - ADA COUNTY - _ A ~ -~ ~ c~ ~ ~ -~ ~. ~ NA cS" °E' ~ SE'. C -~ IDA~ ~ ^ ~ ~+ ~ ~ ~ ~ US 6 ~ - ~ ~ ~ ,..p I NTE ~l BURET _. ,r. ~ i cr~v - MERIDIAN CITY ATTORNEY - MERIDIAN PLANNING DIRECTOR - OTHER COMMENTS: • DECLARATION OF~CONDOMINIUM ti This Declaration of Condominium made ~ ~~,- ~_, 1988, by Rodney D. Brady and Terrell I'. Tingey, herein called the Developers, for themselves, successors, grantees, and assigns. . Wherein the Developers make the following declarations: 1. The purpose of the Declaration is to submit the lands herein described and the improvements thereon to the condominium form of ownership and use in the manner provided by the Idaho Condominium Property Act, Chapter 15, Title 55, Idaho Code. ; DESCRIPTION OF PROPERTY 2. The lands owned by the Developers which are hereby submitted to the condominium form of ownership are the following: A tract of land in Sec. 1, T3N, R1W, Boise Meridian (B.M.) within the city limits of Meridian, Idaho more fully described as follows: Beginning at the S 1/4 corner of Sec. 1, T3N, R1W, B.M.; thence running N 89° 33' 42" W a distance of 663.18 ft. to a point• thence .running N..00° 19' 18" E a distance of x+0.0 ft. to the "REAL POINT OF BEGINNING;" thence running N 00° 19' 18" E_a distance of 260.87 ft. to a point; thence running N 89° 33' 42" W a distance of 115.00 to a point; thence running S 00° 19' 18" W a distance of 260.87 ft. to a point; thence running S 89° 33' 42" E a distance of `115.00 ft. to the "REAL POINT OF BEGINNING." ,•- ~he above described, property contains 30,000 ft. 3. The improvements will be'constructed by the Developers substantially in accordance with the plans and specifications ~• .. ~ ... ~. DECLARATION OF CONDOMINIUM - 1 Order No. PIONEER #P~156-DB STEWART TITLE ;88016453 11VARRANTY ®EE® 9901634 FOR VALUE RECEIVED RODNEY D. BRADY AND SHELEE D. BRADY, HUSBAND AND WIFE, AS TO AN INDVIDED 1/2 INTEREST AND TERRELL F. TINGEY AND PAULA TINGEY, HUSBAND AND WIFE, AS TO AN UNDIVIDED 1/2 INTEREST. GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto PAULA H. TINGEY, HUSBAND AND WIFE, TERRELL F. TINGEY AND GRANTEE{S), whose current address is: 4627 N. Marylebone Way, Boise, Idaho 83704 the following described real property in ADA County, State of Idaho, more particularly described as follows, to wit: UNIT 1 OF CONDOMINIUM PLAT OF BRADY-TINGEY MEDICAL BUILDING, FILED IN BOOK 56 OF PLATS AT PAGES 5124 THRU 5126, RECORDS OF ADA COUNTY, IDAHO, TOGETHER WITH AN UNDIVIDED 50~ INTEREST IN THE COMMON AREA AS SHOWN ON SAID PLAT AND DECLARATION OF CONDOMINIUM RECORDED SEPTEMBER 9, 1988 UNDER INSTRUMENT NO. 8844492. 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(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/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, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) wilt warrant and defend the same from all lawful claims whatsoever. Dated: November 08, 1988 Rode D. Brady else D. Brady <--- , _ ~ ~rrell F. STATE OF ~~AH@-_~ County of _~g~_ ss. OnthlsyL,~_tl~a~yti} p_/~~/,(~7j`C~'{~ In the year of_-! L_~-a .. , before ma, the Public In a3nd for saidState~ nercAnanv ~,:..e~ knovm or Identlf(iid to meto 6e~he person whose nameS/1 u scribed tgtne~wlthiri'iorsft4rrient, and acknowledged to me that executed,the s men, " _y~-.t(... r~: • ~ Slgnatuc'~~~~~ Name~' . ~ '{9~{~ ~Z (~!i ~~~ . •. ~' .. .1' .. ttrpe or~pdnq _ - "'r~est~Utg•ar•.~~` ~r' dcal~ `~, %Q/i.~~ My commisSfbr~expires: / ~1/I r ,~ / % ~ ~_ Paula Tingey STATE OF IDAHO, COUNTY Cnt~_~fi~2~Q~IJj}~~ I hereby Certify that this Instrum 1 was ff ed for record a4 the re- queat of PPjIO~NEER TITLE CO. at (/ V inutes pest ~/ o'cbck~m., tMs (~ ~yOG~ Z~,~gay 19 in my off e, and duly records Book of Deeds at page ~®~1~ ~w~~~pw Ex-0fflClo Recorder ~i A fif'B By Deputy. Fee $ 3~ Mall o: ~ This form furnished courtesy of S'I'E~ART TITLE OF Ix'-DAIiO, Inc. L Senotlry oJConrmrr 2G+A 7BS ~.~ ~ -_ • i _.- 4~ Q~ eose.l S ~~' Se-E ~~c~ _ _ _ _ _ ~wz ~c~~ '~ w~~D~s~ G, ~~-~ g.~. t2 ~ 0 ~o ~EN7A1.. 'Qi~t1~~ItJ~, ~ ~~-. i ni 0 ~~ Pt~~k~~G O