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HomeMy WebLinkAboutAmyx, Joe• • MERIDIAN PLANNING & ZONING COMMISSION MEETING: OCTOBER 10.1995 APPLICANT: JOE AMY~C AGENDA I TEM NUMBER: 16 ------~~ REQUEST: DISCUSSION OF DEVELOPMENT IDEAS FOR PROPERTY LOCATED AT 1095 EAST FRANKLIN ROAD AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS ~ ~~ ~m~ Y~~en rvS~`"f ~~~b""t ~~~ ~ ~I~ OTHER: gll Materials presented at public meetings shall become properly of the City of Meridian. • • RECEIVED O C T - Z 1995 CITY OF 1~ERIDIAN AMYX BUILDER, INC. 10285 ALLIANCE BOISE, IDAHO 83704 September 28, 1995 Meridian City Meridian city Clerk Meridian, Idaho 83642 RE: Planning and Zoning-Agenda-Oct. 10, 1995 Please place Amyx Builder, Inc., Joseph Amyx, on your next agenda, to dicuss options and ideas for annexation opportunity for property commonly known as 1095 E. Franklin rd., Meridian, Idaho. See Exhibit "A" enclosed. Sincerely, Amyx Builder, Inc. Joseph W. Amyx ~~ c; Fil c; Mr. and Mrs. Johnny Lile • EXHIBIT "A" • TRACTI A PARCEL OF LAND IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP .NORTH, RANGE 1 EAST, OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, DESCRIBED AS FOLLOYV~ BEGINNING AT THE QUARTER OF SECTION CORNER COMMON TO SECTIONS 7 AND 18, IN THE ABOVE TOWNSHIP AND RANGE, THENCE NORTH 89 DEGREES 50' EAST ALONG THE NORTH LINE OF SECTION 18, A DISTANCE OF 1013.0 FEET TO THE REAL POINT OF BEGINNING, THENCE SOUTH 0 DEGREE 18' WEST 150.0 FEET, THENCE NORTI~ 89 DEGREES 50' EAST 76.0 FEET, THENCE NORTi•i 0 DEGREE 18' EAST 150.0 FEET TO THE SECTION UNE, THENCE SOU?f ; 89 DEGREES 50" WEST 76.0 FEET ALONG THE SECTION UNE TO THE REAL POINT OF BEG!.''~NINt;. •rRACr II A TRACT OF LAND IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCII•IG AT THE NORTH ONE-QUARTER SECTION CORNER OF SAID SECTION 18, THENCE NORTH 89 DEGREES 50' EAST ALONG THE SECTION LINE 1165.00 FEET TO THE REAL POINT OF BEGINNING, THENCE SOUTH 0 DEGREE 18' WEST 282.00 FEET TO A POINT, THENCE NORTH 89 DEGREES 50' EAST' 162.00 FEET TO A POINT, THENCE SOUTH 0 DEGREE 18' WEST 1045.00 FEET TQ A POINT, THENCE NORTH 53 DEGREES 20' WEST 150.00 FEET TO A POINT, THENCE NORTH 63 DEGREES 00' WEST 188.28 FEET TO A POINT, THENCE NORTH 0 DEGREE 18' EAST 1001.11 FEET TO A PO!~!T, THFNC_;E NORTH 89 DEGREES 50' EAST 51'.00 FEET TO A POINT, THENCE NORTH 0 DEGREE 18' EAST 150.00 FEET TO A POINT ON THE SECTION UNE, THENCE NORTH 89 DEGREES 50' EAST ALONG THE SECTION LINE 76.00 FEET TO THE REAL POINT OF .. BEGINNING. END OF LEGAL DESCRIPTION ~.. • . `~ / / _ s t .t ~ ~~ n 3~ ~ ~ ~ ~~- ~~ P` `~~~ ,~, ,c a ~i ~ x 4 M ~rUP~ y~c A~ Iyn ~ "~! ~.~ -- -- ,;. `~ ~ a ;. ------ - ~ x- , ~ CO f O ~ CORN R ~P~~~- ~, l0 ~ _ ~ ~. WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM GRANT P. KINGSFORD Mayor TO: Planning & Zoning Commission FROM: Gary D. Smith, PE RE: Joe Amyg Property Franklin Road COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER October 6, 1995 It is my understanding that Joe Amyx finds himself in the following situation with this property. O He purchased the small parcel fronting Franklin Road, on which exists a residential unit, and at the same time he also purchased the adjacent larger parcel having some frontage on Franklin Road and extending south to the Hunter Lateral. Reportedly, each of these parcels have a separate tax parcel number and are in the county. O He improved the residential house and sold it. O The domestic water well for the house is located on the larger parcel of ground, not on the smaller parcel that he sold with the house. The party to whom he sold the house asked to purchase a piece of the larger parcel that would contain the well so that he had access to the well. O Joe approached Ada County to see what he needed to do to sell a small piece of the larger parcel that would contain the well. Ada County said he couldn't do this, and in fact, (I am not sure why) he couldn't sell the small parcel that contains the residential unit. O At this point apparently the party to whom Joe Amyx sold the home and small parcel has filed suit against Joe because the County is claiming the sale is illegal. I believe Joe has gone through some kind of appeal process with Ada Coulrty. • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 O I understand that Joe is looking for some kind of relief through the City of Meridian by having the property annexed and zoned whereby he can transfer title for the small parcel to the parry wanting to purchase it. • • Meridian Planning & Zoning Commission October 10, 1995 Page 34 Rountree: So moved Hepper: Second Johnson: It is moved and seconded that all of the testimony presented by the public and the applicant and his representative be incorporated into, given under item #14 the request for annexation and zoning be incorporated also into the conditional use permit request item #15, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: At this time then I will close the public hearing. Rountree: Mr. Chairman, I move we have findings of fact and conclusions prepared on this item. Shearer: Second Johnson: We have a motion and a second to prepare findings of fact and conclusions of law on the conditional use permit requested by Mr. Bill Howell, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: JOE AMYX: DISCUSSION OF DEVELOPMENT IDEAS FOR PROPERTY LOCATED AT 1095 E. FRANKLIN ROAD: Johnson: Is Mr. Amyx here and would like to talk to the Commission? We kind of got an idea of what you have got, we have your map and things. We probably need it explained the best you can. Amyx: Basically what has happened is I bought two pieces of property I sold one and Ada County, I wanted to sell a little more ground to them to do (inaudible) anyhow I wanted to sell them enough land to cover the well. I started going through all the right channels and doing everything and Ada County says you can't do that. I said, why can't I do this, the house was built and sold separate property in 1964. That was before they had any zoning or anything to do anything with it. He said yes but you bought the piece of ground next to it. Then when you bought the piece of ground next to it and when you bought the piece of ground next to it due to an obscure law they became one piece of property. What happened is they didn't rule on the fact that what the law, they just ruled on the fact of what they had done was legal. They didn't say that is a bad situation and we see where • • Meridian Planning & Zoning Commission October 10, 1995 Page 35 you are at, it was oh no the law is there and that is what we care and that is where it is at. I have sold the piece of ground, 1 had no reason to believe that it wasn't a separate piece of property, it was deeded that way it was annexed that way. I checked with the title company when I bought it. Everything seemed to be in order, they basically caught me on a really obscure law and like I told them I can't imagine, I have been building for 30 years and haven't been caught on that before. but that is where we stand. At this present time I am before you, I am trying to figure out some way to do make legal what I have got done. I don't have any understanding of why this would be a problem, the house was there, the ground is there and before I develop it I will have to come before you guys again to get approval of whatever I do. So I guess I feel like I am not asking much I am asking just for what was done in 1964. Johnson: Have you seen the synopsis letter Gary Smith has written? Amyx: Yes, he just gave that me just a few minutes ago. Johnson: He mentioned an item, well he didn't number them, but happy face number 5 that you might be going through an appeal process at this time at the County, have you already initiated that? Amyx: I already went through that and they turned me down. Johnson: Okay that is finished and you were denied on that? Amyx: Two voted against me and one voted in favor of me. Johnson: Well it seems to me you are coming to the City of Meridian because you realize that we have cooler and more logical heads here. Amyx: Actually that is true and I do feel that way. I feel like Meridian is really an I don't know if I should be saying this but Meridian has done a heck of a lot better job as far as roads and the way subdivisions go in than Boise has. I have to commend you guys on that. Johnson: Well, it does look like you are in the trickle so to speak. At this time does the Commission have any questions directly to Mr. Amyx? Rountree: Just an idea of what you might be considering with the remainder of the property. Amyx: Actually I have no plans for it at all. I bought it as a long term investment, I figured • Meridian Planning & Zoning Commission October 10, 1995 Page 36 it would either go commercial or something to that effect. I thought about trailer houses and 1 know I have already been told no way. I don't have a problem with basically anything. It is going to be developed into something. And that something I can work around at this time 1 have no idea what it would be to or for and like I proposed something if and when 1 do decide it would have to come before you guys. So it would have to meet your approval at that time. Johnson: Where is the property contiguous to the City limits at this time? Amyx: Actually I think you are right across the street. Johnson: That makes it legal as far as being contiguous? Amyx: Basically I am one lot from the cemetery. Right next to the big piece of parcel they have been trying to develop on the corner of Franklin and Locust Grove. Johnson: Do you have any questions Wayne at all? Crookston: I don't have any questions, you would just have to meet all of the existing ordinances of the City of Meridian though. Amyx: And that is to what, basically I would have tried to rezone as far as what Ada County suggested but the problem is I can't rezone meeting the front footage to the property because it doesn't exist. I guess that was one of the key factors that happens. I am only like 70 to 75 feet, the house is like 76 feet and there is 70 to 79 feet for the adjacent parcel that goes back. There is no way I can meet the criteria to that without I don't know how. And like I said it was sold and done prior to any zoning with me to okay. Crookston: I would just suggest that you get with our Planning and Zoning Administrator Shari Stiles and talk to her about that. Amyx: Well her suggestion or hers and Gary's was that I come before you guys and at least let you know what the situation it and where I am at with it. Like I said I can't change what is already there it is there and it was done prior to any zoning ordinances that were done. I can't there is no way I can make it legal that I know of and that is what I am trying to find, I am trying to find someway that is going to get to the point of where it was. That is all I am trying to do. Crookston: That is my recommendation just to inform you that you would have to meet the existing ordinances that the City has now unless you were able to obtain a variance from an ordinance which would have to be granted by the City Council. • Meridian Planning & Zoning Commission October 10, 1995 Page 37 Amyx: Okay Crookston: If you couldn't meet the ordinances right now. Johnson: Does anyone else have any questions or discussion points? In order for us to act on it we would need an application for annexation and zoning, right? That is the only way we could solve his problem. It is a good .idea to sit down with Shari prior to that and she what she wants incorporated or she. would suggest that you incorporate into your application and we will see if we can help you out. Amyx: Okay, do you guys have anything that you would like in there, do you have any feelings of what you want there? Johnson: Well, it would help if you tear the house down. I think we are trying to work with you is what we are telling you. Wayne is in a position that he has to advise you that we still have the ordinances to follow and the only people that can override that is the City and if they consider that to be a legitimate and worthwhile variance you know without harming anyone else they would probably do that. But it also might be a good idea that you talk to some of the City people as well, the City Council members as well. It would be a real good idea since they are always suggesting people talk to us. Talk to three or four of those people and talk to Shari Stiles and then you can get your application to us. And the process is a 120 day minimum. Amyx: Thank you ITEM #17: AMENDED FINDINGS OF FACT AND AND CONCLUSIONS OF LAW FOR ENGLEWOOD CREEK SUBDIVISION REQUEST TO REDUCE THE REQUIRED MINIMUM HOUSE SIZE OF 1800 DOWN TO 1500 SQUARE FEET: Johnson: Any questions regarding these findings of fact that have been prepared here, these have been amended to my understanding that is the only change is the house size. Crookston: That is correct, there are some other very minor things but they don't address specifics of it. Johnson: Someone like to make a motion on the findings then if there is no further discussion? Rountree: Mr. Chairman I move that we adopt and approve the Amended findings of fact and conclusions.