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Hunemiller, Russell VAR
OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. City Enplneer BRUCE D. STUART, Water Worka Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 3 Z Adm. KENNETH W. BOWERS, Flre Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 6 Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 10, 1995 TRANSMITTAL DATE: 9126/95 HEARING DATE: 10/17/95 REQUEST: Variance request for Menywood Subdivision No 3 ~ 4 BY: Russell Hunnemiller LOCATION OF PROPERTY OR PROJECT: South side of Pine Street, 1/2 mile west of Linder Road JIM JOHNSON, P/Z 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 WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY -CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM ~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: • CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) NAME: Russell Hunnemiller Phone: 888-3822 (owner of holder of valid option) ADDRESS; 3299 Davis Lane, Meridian, Idaho 83642 GENERAL LOCATION: South side of Pine Street, 1/2 mile west of Linder Rd. LEGAL DESCRIPTION OF PROPERTY: attached PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: R 8 VICINITY SKETCH: A vicinity map and/or site plan 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, contiguous to, directly across the street from, and within a 300' radius of the parcel(s) proposed for a variance must be attached. ( This information is available from the County assessor.) DESCRIPTION OF PROPOSED VARIANCE: To extend the preliminar approval time and change the name from Merr wood Sub. No. 3 and 4 to Pine Creek or P.C. Subdivision No. 1 and 2. I hereby certify that the information contained herein i true and correct. SIGNATURE. ~ CITY COUNCIL RECORDS Date Received City Council Hearing Date Received by • page 2 APPLICATION AND STANDARDS FOR VARIANCES A variance from the terms of this Ordinance shall not be grated by the Council unless and until a written application for a variance is submitted to the Administrator and the Council. Provide a written narrative containing, where applicable, the following outlined information: 1. Address of Subject Property. 2300 w. Pine Street, Meridian, Idaho 83642 2. Name, address and Phone number of applicant. Russell Hunemiller 3299 Davis Lane, Meridian, Id 83642 3. Name, address and phone number of owners of subject property. Linda Arnold 1480 Hartman Ave ~~201 Boise, Idaho 83712 4. Proof of ownership or valid option on the property or a contract interest therein with consent of title owner. Contract enclosed . 5. Legal description of subject property. attached 6. Present use of subject property. vacant 7. What is intended to be done on or with the property. Residential subdivision as previousl approved as a part of Merrywood Subdivision Preliminar plat. 8. The district that pertains to the subject property.R8 Zone 9. Vicinity map at a scale approved by the Council showing property lines, existing streets, proposed district and such other items as may be required. attached 10. Schematic building .plans which indicate typical elevation and floor plan of any proposed construction. This request is for the subdivision only. 11. A list of the mailing addresses of all property owners ( from authentic tax records of Ada County) within three hundred feet (300') of the external boundaries of the land being considered and a listing of the mailing addressees of all property owners within the area of the land being considered. attached 12. Characteristics of subject property which prevent compliance with the requirements of this Ordinance. This is a request for a time extension and name change. 13. Minimum requirements of this Ordinance that need to be reduced to permit proposed use. None 14. Difficulty or hardship which would result if requirements of this Ordinance were applied to subject property. A new preliminary application would be required. 15. Unusual or peculiar circumstances which indicate that regulations of this Ordinance should not be strictly complied with. None 16. Statement that special conditions and circumstances exist which are peculiar to the land, structure or buildings involved which are not applicable to other lands, structures or buildings in the same district. None • page 3 17. Statement that a literal interpretation of the provisions of this Ordinance shall deprive the applicant of rights commonly enjoyed by other properties in the same district under terms of this Ordinance. None 18. Statement that special conditions or circumstances exist that were not a result of the applicant's action. None 19. Statement that granting the variance requested shall not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district. No special privilege will be conferred upon this applicant that is not available to everyone. 20. Relationship of proposed variance to the Meridian Comprehensive Plan. None 21. A fee established by the Council - Total Fee $276.98 22. A statement of how the granting of the variance would convenience the applicant and how the applicant would profit therefrom, which statement shall also represent whether profit and convenience is the sole reason why the variance is requested. This variance would allow the purchaser of this roperty to continue with the approved preliminar and to change the name from Merrywood Sub. No. 3 and 4 to P.C. subdivision No. 1 and 2. The alternative is to go through the preliminar process again and arrive at the same place. Profit would remain the same and convenience would be gained for the applicant or well as the Citv staff, P and Z and City Council. 23 The property will be posted that the Applicant has applied signed affidavit that this application. 1 week before the hearing stating for a Variance. There must be a has been done as part of the letters\variance .. • • MERRYWOOD SUBDIVISION PHASES 3 & 4 LEGAL DESCRIPTION C/L W. PINE ST. }. C/L W. PINE ST. .. • September 12, 1995 • Johnson Engineering 9225 Chinden Blvd. Suite J Boise, ID 83714 MERRYWOOD SUBDIVISION NUMBER 4 LEGAL DESCRIPTION A portion of section 11 T. 3N., R. 1W., Boise Meridian, Meridian City, Ada County, Idaho more particularly described as follows: Commencing at the center of section 11 N 89°10'36" W 183.00 feet to the initial point, thence S 00°49'24" W 65.00 feet, thence S 35°56'13" W 130.43 feet, thence S 61°35'18" E 37.01 feet, thence S 52°55'18" E 340.06 feet, thence S 44°12'24" E 719.84 feet, thence S 22°28'59" E 43.95 feet, thence N 88°28'31" W 1149.05 feet, thence N 00°52'31" E 924.97 feet, thence S 89°10'36" E 389.46 feet, to the initial point Containing 14.92 acres a September 12, 1995 • Johnson Engineering 9225 Chinden Blvd. Suite J Boise, ID 83714 MERRYWOOD SUBDIVISION NUMBER 3 LEGAL DESCRIPTION A portion of section 11 T. 3N., R. iW., Boise Meridian, Meridian City, Ada County, Idaho more particularly described as follows: Commencing at the center of section 11 T.3N., R.1W., which. is the initial point, thence S 89°10'36" E 278.79 feet, thence S 00°38'16" W 265.00 feet, thence S 44°38'26" E 560.27 feet, thence S 45°21'34" W 99.56 feet, thence S 16°20'29" W 53.88 feet, thence S 45°47'36" W 109.16 feet, thence N 44°12'24" W 662.38 feet, thence N 52°55'18" W 340.06 feet, thence N 61°35'18" W 37.01 feet, thence N 35°56'13" E 130.43 feet, thence N 00°49'24" E 65.00 feet, thence S 89°10'36" E 183.00 feet to the initial point Containing 7.05 acres t 7 ~_ • • REAL ESTATE PURCHASE CONTRACT AND RECEIPT FOR DEPOSIT Subject to the terms and conditions of the Option to Purchase Real Property to which this Contract is attached, LINDA J. ARNOLD, hereinafter referred to as the SELLER, hereby acknowledges the receipt of the sum of TWENTY THOUSAND DOLLARS ($20,000.00) from RUSSELL D. HUNEMILLER and KAREN E. HUNEMILLER, husband and wife, hereinafter referred to as the BUYERS, in the form of a retained and nonrefundable ~~~ c price as an earnest money deposit .. ~ ~ , on account of the tota~. p rc a price of THOUSAND DOLLARS for the purchase of those two ( 2 ) parcels of real property situated in the city of Meridian, county of Ada, State of Idaho, which are more particularly described on Exhibit "A" attached hereto. The purchase and sale of said real property, which consists of approximately 21.90 acres more or less, shall occur on the following terms and conditions: SECTION ONE: TERMS. A. If BUYERS exercise their option on Parcel I, they shall pay SELLER the sum of . DOLLARS (;, ). cash at the closing of the sale on said parcel; REAL ESTATE PURCHASE CONTRACT - 1 • B. If BUYERS ex c' a their option on Parcel II, the total ,, ~~i~, purchase price r s d arcel shall be ~ it ~ ~ THOUSAND DOLLARS(. ~" paid as follows. BUYERS shalt receive a TWENTY THOUSAND DOLLAR ($20,000.00) credit against s.~'..: total purchase price, which amount represents the TWENTY THOUS"'' DOLLARS ($20,000.00) paid by BUYERS to SELLER under that certain OPTION TO PURCHASE REP<.L PROPERTY, and, ,B~ Y~JER~S shall :pay to seller -THOUS DO LARS ( _) cash at ~~.~~ the closing of the sale on s p~`c 1; ~'- C. If BUYERS fail to exercise either or both of the Options under which this Agreement is executed, BUYERS shall not be obligated to complete the purchases hereunder. SECTION TWO: CLOSING AGENT AND CLOSING. The closing agent for the transaction contemplated by and between BUYERS and SELLER for the purchase of Parcel I and Parcel II shall be PIONEER TITLE COMPANY OF ADA COUNTY. If the BUYERS execute their option on Parcel I, the purchase of Parcel I shall close on or before ' February 1, 1996. If the BUYERS execute their option on Parcel II, the purchase of Parcel II shall close on or before July 1, 1996. All fees charged by the said closing agent associated with the closing of the purchase of Parcel I and Parcel II, including document preparation and closing fees for each closing, excluding REAL ESTATE PURCHASE CONTRACT - 2 s ~ • from such costs the cost of title insurance, shall be paid one-half by the BUYERS and one-half by the SELLER. SECTION THREE: TITLE. At the time of the closing of the purchase of Parcel I and Parcel II, as provided hereinabove, the respective titles of Parcel I and Parcel II, shall be free of liens, encumbrances, easements, restrictions, rights, and conditions of record or known to the SELLER other than the following: A. Current property taxes; B. Covenants, conditions, restrictions, and easements of record, if any, provided the same do not adversely affect the anticipated and desired use of the property by BUYERS; it being understood and agreed by and between the BUYERS and the SELLER that the BUYERS desire to establish and create their own covenants, conditions, and restrictions and easements applicable to and binding upon Parcel I and Parcel II, and the purchase of either Parcel I or Parcel II is subject to the removal by the SELLER of any and all covenants, conditions and restrictions, and easements, if any, applicable to and binding upon Parcel I and Parcel II; and C. The SELLERS shall furnish the BUYERS, at the SELLER'S expense, preliminary title reports and Standard title insurance policies issued by PIONEER TILE COMPANY OF ADA COUNTY, for Parcel REAL ESTATE PURCHASE CONTRACT - 3 • • I and Parcel II showing title vested in the BUYERS' name subject only to the above. The said preliminary title report shall be provided by the SELLER to the BUYERS within ten (10) days of the BUYERS exercising their respective options on Parcel I and Parcel II. If SELLER is unwilling or unable to eliminate any title matter disapproved by the BUYERS in writing within five (5) days of the BUYERS' receipt of said preliminary title report, the BUYERS may terminate this Agreement. If the SELLER fails to deliver title as above, the BUYERS may terminate this Agreement. SECTION FOUR: PROBATIONS. Property taxes and any irrigation district assessments shall be prorated as of the date the purchase of Parcel I or Parcel II closes. Any bond or assessment which is a lien shall be assumed by the BUYERS. SECTION FIVE: POSSESSION. Possession of each parcel shall be delivered to the BUYERS on the date the respective purchase of Parcel I or Parcel II closes. However, during the term of this Agreement, SELLER shall cooperate with BUYERS' efforts to continue the development and improvement of the premises, allowing BUYERS to enter upon the premises and to do all things reasonably necessary to BUYERS' efforts to continue the development and improvement of the premises. SELLER shall execute any and all documents, REAL ESTATE PURCHASE CONTRACT - 4 • • agreements, and other instruments reasonably necessary to and for BUYERS efforts to continue the development and improvement of the premises. SECTION SIX: VESTING. BUYERS shall instruct the closing agent to cause title to vest in BUYERS' name, or in the name of BUYERS' nominee, in such manner as they prefer. SECTION SEVEN: WATER RIGHTS. On the date the purchase of Parcel I or Parcel II closes, SELLER shall convey to BUYERS, by standard form Bill of Sale and through execution of such other necessary documents or instruments, all water rights in and to the Nampa-Meridian Irrigation District which are appurtenant to the subject property. SECTION EIGHT: ATTORNEY'S FEES. In any action or proceeding arising out of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs in addition to such other amounts as may be awarded. SECTION NINE: PERSONAL PROPERTY. The foregoing purchase and sale shall include only the specified real property of the SELLER and shall not include any personal property of the SELLER. REAL ESTATE PURCHASE CONTRACT - 5 • • However, SELLER shall provide BUYERS with copies of all engineering and other development documents pertaining to the property at no additional cost to BUYERS. SECTION TEN: TAX WITHHOLDING. The BUYERS hereby represent, under penalty of perjury, that they are not foreign persons within the purview of Internal Revenue Code Section 1445 and that the provisions of the Foreign Investment in Real Property Tax Act are, therefore, not applicable to this purchase and sale. SELLER shall be responsible for the reporting of this transaction to the Internal Revenue Service on form 1099. SECTION ELEVEN: ENTIRE CONTRACT. All prior agreements between the parties are incorporated in this Agreement which constitutes the entire contract. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend that this Agreement constitutes the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. All REAL ESTATE PURCHASE CONTRACT - 6 • • representations of either party upon which the other party may rely, or is relying, are embodied herein. SECTION TWELVE: CONDITION OF PROPERTY. Subject to any site improvements or other charges made by BUYERS or at BUYERS' instructions, the SELLER warrants, through the date possession is granted to the BUYERS, that the property shall be maintained in the same condition as exists upon the date of the execution of this Agreement. SECTION THIRTEEN: SELLER'S REPRESENTATION. SELLER warrants that she has no knowledge or any notice of violations of city, county, state, federal, building,, zoning, fire, health codes or ordinances, or other governmental regulation filed or issued against the property. This warranty shall be effective until the date the purchase of Parcel I or Parcel II closes. SECTION FOURTEEN: AMENDMENTS. This Agreement may not be amended, modified, altered, or changed in any respect whatsoever except by a further agreement in writing executed by the BUYERS and the SELLER. REAL ESTATE PURCHASE CONTRACT - 7 • • SECTION FIFTEEN: REAL ESTATE COMMISSIONS. No licensed real estate agent has provided any services in connection with the negotiation and/or consummation of this Agreement. It is, therefore, understood by all parties to this Agreement that no part of the purchase price shall be used to pay real estate commissions. SECTION SIXTEEN: CONTRACT PREPARATION. The parties acknowledge that this Agreement was prepared by an attorney employed exclusively by SELLER and that said attorney cannot and does not represent BUYERS in this matter. BUYERS acknowledge that they have been advised to have this Agreement reviewed by independent counsel. SECTION SEVENTEEN: TIME OF ESSENCE. The parties hereto expressly agree that time is of the essence in the performance of this Agreement. No extension or waiver of any deadline established hereunder shall be effective against any party unless said extension or waiver shall have been agreed to in a written instrument signed by the party to be bound. SECTION EIGHTEEN: COUNTERPARTS. This Agreement may be executed in counterparts and the separate counterparts, when REAL ESTATE PURCHASE CONTRACT - 8 • assembled as a single document, shall be binding on all parties to this Agreement. SECTION NINETEEN:. FACSIMILE SIGNATURES. The facsimile transmission of any signed original of this Agreement, and any retransmission of any signed facsimile transmission shall be regarded as the same as the delivery of an original. At the request of either party, the parties will confirm facsimile transmitted signatures by signing an original document. Executed by the SELLER at ,~,~~ ~,.~,~~-~~ Idaho on this a.~ the /C day of 1995. SELLER: Y~~~ ~ ~~~n~- LINDA J. ARN LD REAL ESTATE PURCHASE CONTRACT - 9 • • Executed by the BUYERS at ~ , Idaho on this the ~ day of , 1995. BUYERS: RUSSE D: HUNEMILLER ~~ ~ ~~ EN E. HUNEMILLER STATE OF IDAHO ) )ss. County of Ada ) On this SLR-day of .81 ___ _ , 1995, before me, the undersigned, a Notary Pu lic in and for said state, personally appeared Linda J. Arnold, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to be that she 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. ,',,~~W a ~e~s~. (sea~~) w•••..•••~o ~ No ary Public for [daho * ~ • NOT,g~ :~~' Residing at Idaho ~'•~ • o ,~ •• BLIP o i .9 ,,,,~'O~..DC'. ~,cA-~-. REAL ESTATE PURCHASE CONTRACT - 10 • • STATE OF IDAHO ) )ss. County of Ada ) On this day of , 1995, before me, the undersigned, a Notary Public in and for said state, personally appeared Russell D. Hunemiller and Karen E. Hunemiller, husband and wife, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they 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. (seal) Notary Public for Idaho Residing at , Idaho REAL ESTATE PURCHASE CONTRACT - 11 _- ~. i ~ • OPTION TO PURCHASE REAL PROPERTY LINDA J. ARNOLD, Optionor, and RUSSELL D. HUNEMILLER and KAREN E. HUNEMILLER, husband and wife, Optionees, agree to the purchase and sale of an option on all of that real property located within the city of Meridian, county of Ada, state of Idaho, which real property is more particularly described on Exhibit "A" attached to the end of that Real Estate Purchase Contract and Receipt for Deposit which is attached hereto. The option between the parties shall be on the following terms and conditions: 1. In exchange for the grant of said option, Optionees shall pay to Optionor the nonrefundable sum of TWENTY THOUSAND DOLLARS ($20,000.00) as the option purchase price. Said sum shall be deemed fully earned and nonrefundable upon the execution of this Agreement and shall be paid by the Optionees to Optionor contemporaneously with the execution of this Agreement. 2. In the event Optionees exercise their option to purchase Parcel II under this Agreement, the foregoing option purchase price shall be applied and credited to the purchase price for Parcel II. 3. In the event Optionees decide to exercise their option with respect to Parcel I, Optionees shall give Optionor their written notice of their election to exercise said option on or OPTION TO PURCHASE REAL PROPERTY - Page 1. • • before January 1, 1996. In that event, the escrow on the sale of Parcel I shall be closed not later than February 1, 1996. 4. In the event Optionees decide to exercise their option with respect to Parcel II, Optionees shall give Optionor their written notice of their election to exercise said option on or before June 1, 1996. In that event, the escrow on the sale of Parcel II shall be closed not later than July 1, 1996. 5. In the event Optionees shall fail to notify Optionor of their exercise of their option on Parcel I on or before January 1, 1996, their remaining option on Parcel II shall immediately become null and void. Optionor shall thereafter be permitted to sell or otherwise dispose of both Parcel I and Parcel II in such manner as she shall see fit. 6. In the event Optionees shall exercise their option with respect to Parcel I, the option purchase price specified above shall be applied against the $297,000.00 purchase price for Parcel II. 7. In the event Optionees shall exercise their option with respect to either or both of the subject parcels, the purchase and sale of said parcels by Optionees and Optionor shall be consummated on the terms of the Real Estate Purchase Contract which is attached hereto. OPTION TO PURCHASE REAL PROPERTY - Page 2. • • 8. During the term of this Option Agreement, Optionor shall cooperate with all of Optionees' efforts and endeavors to further develop the subject property, allowing Optionees to enter upon the subject property and to do all things reasonably necessary to Optionees' efforts and endeavors to develop further the subject property. Optionor shall execute any and all documents, agreements, and other instruments reasonably necessary to and for Optionees' efforts and endeavors to further develop the subject property. 9. Optionees agree that all expenses related to Optionees' development of the subject property during the period of this Option Agreement shall be paid by Optionees. Said expenses shall, under no circumstances, be reimbursed to Optionees by Optionor, regardless of whether Optionees elect to exercise their option. 10. In the event Optionees fail to exercise their option under this Agreement, Optionees shall immediately remove or clear any and all liens which may have been placed against said property as a result of any contract or agreements entered by Optionees during the term of this Agreement. Further, Optionees shall immediately reimburse to Optionor any and all amounts which Optionor has been required to pay in order to clear title to said property from any claims for development or other costs incurred OPTION TO PURCHASE REAL PROPERTY - Page 3. during the term of this Option Agreement so long as said expenses were not incurred by the Optionor. 11. Optionees shall be permitted to prepare and record a Memorandum of this Option Agreement against the subject property if they so desire. If Optionees fail to exercise their option hereunder, Optionees shall cooperate with the preparation, execution, and recordation of a further Memorandum indicating that the property is no longer subject to Optionees' claims of any sort. DATED this ~ day of September, 1995. )t,~r~~( A J. OL , Optionor DATED this ~ day of September, 1995. RUS ELL D. HUNE LLE . EN E. HUNEMILLER OPTION TO PURCHASE REAL PROPERTY - Page 4. • • State of Idaho ) ss. County of Ada ) On this ~~ day of September, 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared LINDA J. ARNOLD, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledge to me that she executed the same. IN~,H1~,~,~I~SS WHEREOF, I have offio~~~jl~gr'~ the day and year .•' .•' '•. v ~ * ~' Nor °~ :~ = q~ ,~.~ c ~ • • ~ ~ to / A a . Ge ~° EAL .,~~,I,F iD pip r hereunto set my hand and affixed my first above written. Not ry Public for Udao Residence: ~'YLQ~1.~.~~~ Commission Expires : 7- 'ot.S' - 9 ~ State of Idaho ) ss. County of Ada ) On this day of September, 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared RUSSELL D. HUNEMILLER and KAREN E. HUNEMILLER, husband and wife, known to me to be the person whose names are subscribed to the foregoing instrument, and acknowledge to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year first above written. Notary Public for Idaho (SEAL) Residence: Commission Expires: OPTION TO PURCHASE REAL PROPERTY - Page 5. M ,~ • , • State of Idaho ) ) ss. County of Ada ) On this /~~ day of September, 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared LINDA J. ARNOLD, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledge to me that she executed the same. N~,j~j,T.~',~i~SS WHEREOF, I have hereunto set my hand and affixed my offip ~~j~gr~, the day and year first above written. • ~ • s 1 ~ ~ NOT °•:' ,~ 9'~ eta ~•a Gel t C •® Not ry Public for vldao •~~~~,~EAL) •.• -~ Residence: ~~yLQ^ '•.••~.OpDOA~p J Commission Expires: 7-'oZ.S'- 97 State of Idaho ) ss. County of Ada ) On this day of September, 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared RUSSELL D. HUNEMILLER and KAREN E. HUNEMILLER, husband and wife, known to me to be the person whose names are subscribed to the foregoing instrument, and acknowledge to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year first above written. Notary Public for Idaho (SEAL) Residence: Commission Expires: OPTION TO PURCHASE REAL PROPERTY - Page 5. ~„/ . ,_ • E~~~IT "A'• LEGAL DESGRIPTIONS PARCEL I. A portion of section 11 T. 3N., R. 1W., Boise Meridian, Meridian City, Ada County, Idaho more particularly described as follows: Commencing at the center of section initial point, thence S 89°10'36" E 278.79 feet, thence S 00°38'16" W 265.00 feet, thence S 44°38'26" E 560.27 feet, thence S 45°21'34" W 99.56 feet, thence S 16°29'29" W 53.88 feet, thence S 45°47'36" W 109.16 feet, thence N 44°12'24" W 662.38 feet, thence N 52°55'18" W 340.06 feet, thence N 61°35'18" W 37.01 feet, thence N 35°56'13" E 130.43 feet, thence N 00°49'24" E 65.00 feet, thence 11 T.3N., R.1W., which is the S 89°10'36" E 183.00 feet to the initial point Containing 7.05 acres PARCEL II. A portion of section 11 T. 3N., R. 1W., Boise Meridian, Meridian City, Ada County, Idaho more particularly described as follows: Commencing at the center of section 11 N 89°10'36" W 183.00 feet to the initial point, thence S 00°49'24" W 65.00 feet, thence S 35°56'13" W 130.43 feet, thence S 61°35'18" E 37.01 feet, thence S 52°55'18" E 340.06 feet, thence S 44°12'24" E 719.84 feet, thence S 22°28'59" E 43.95 feet, thence N 88°28'31" W 1149.05 feet, thence N 00°52'31" E.924.97 feet thence S 89°10'36" E 389.46 feet, to the initial point Containing 14.92 acres. • 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 October 17, 1995, for the purpose of reviewing and considering the Application of Russell Hunnemitler for a Variance Request for land located in Section 11, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located on the South side of Pine Street, 1/2 mile West of Linder Road. The Application requests a variance to extend the preliminary approval time and change the name from Merrywood Subdivision No. 3 and 4 to Pine Creek or P.C. Subdivision No. 1 and 2. Amore 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 28th day of September, 1995. WILLIAM G. BERG, JR., CLERK - LATTED ~ 1~DO 1aaa +~' esar .~ ~ as.m es.ar sear B0.1B ~ ae ~ ~ ~ ~ 8 $ 8 ~ 8 $ ~ s r'~''Or• y 4`~ ,~ ,y1as ~.on esm eaaa agar ~ ~ Ao .~ AO ~d~+~ '1 a ~ ` 1' ~~ _ Y ~ti£ ~0 80.13' ~ 88.d8' ~ o ~ ma ` ~ O _ J,BYL~ Q .~+ ,[/~~', tf, ~ Q 1 Y ~ N f 7 a~ e~ ~ v v v 7s0~ ~,(e ~a w r ~o~ ~ ~,d'B.$ ~qy ~.$ r r~ r~4n f m ~ ~, ~ " ,QZ poy ¢+'$ ri`b' ~' Ay ~ ~ ~ n ~ V 122.10' Fi Qp ~ Y $ rW ~$ ~~ $ '~` 5' r~~ ~~ b R ~ t ~ 1 V D~ ~~~a ~ $~ ~ Y ~ ism' ~ ~aa~,ti r q~ o~ F 4;~, '+~ ~$ ~ 4' Ti~~ far ,2arr ~ A~$~ 120.00' ~ ~ roi 4b yA,1 ~~ rA ~ai ~ ` -~ ~ ~ r Z ~-+ -1 170.3T ~ Nr R~~~ N J~~N ~ (/~\) spa ~ Y ~' Y~ W ~ D q D \ L c f20.0N N" '~ ,ycti~~~:+~ , ~5~ rg,~ Y "L oo~ O Z ~ $ ~ 12a.ao- ~ ~ rrt~ ~r,~ ~ I 100AfP ~ .Nj b r~ ~ ' ~ m e ~ ~~ r~r~R,. ~.p ~~` o , ¢ $ ~ ~ o ~ $ 120.28• ~ ~®.` ~ ~~ ~~ ~~ ,~ ~ ~ loaaa g m~ ~ ~ d, r,~ ~~0 SQ ~ ~'~+ i~' '1 T.' $ ~ F-i 0 ~ ¢ ~' ~ '~ ~ ~~ ~ '~. ~ ~ ~, s~~ d. $4a ~ o, ~O ~ '3 ~~ ~ ~ ~ o p O ~,,~ r. ~ ,g ~°y r~~ ~ '4 + ~ o Z ~ r. ,~ 4' a v W ~ fir. x ~ ~ ,p Y~ $~ ~AV N u . ~~55 2 YO`' YQ1 ~' rr$_ m m ~~ ~ ~ TT f rzn, a 8 o ~ c ~ m 6 N 5p.p. _ V~ E a ~ ~v ~, ~ r 41 '~! i i l! ll 'i l i :~ ~ Q 1 PF'MI701 ~~ 95 M A S T E R U P 1~ A T E Pa~'cel _ ,:_ ; ~, ~ ~ Cade Area a 3 TYPe qty i~arne _ ,,.. _~ ::." r' ANC 200 .150 ., .r ~.?i z L,~: i1C7A CLAI'RF 4 ~. 0 I3u~rer 990 C/O Address `; 21 N ABERIdA'~~i WAY MERIDIAN TD $3f4~2 ~ 0000 Last C:.zange 94/03/30 By : ASR_MOUSER Total Legal LOT 4 BLK 5 MI;RRYWQUD S[J>3 # 1 #93110p74 025750050040 3N 1W I1 9/21/95 11:43:36 Value ACTIVE 165bo ~329b0 Sank Code 4]~450w Lien Cade Prepaid L.I.D. 8ank~upt Sub.Cade Azxex$tion ~'"~'Onl Entity 57950 Exemption t~~rdship o Property Zoning R-8 Flag A[~t~r~>;; ^(` "'2i N ALEFtNATHY WAY MERIbYAN YD 83642-bbbb D.D. Type 1 REAL Roll l PRIMARY Occ. 0 F2=Se_i F,~vt F3 =F}cit FS=Carrected Notice I'6=Letters Flb=Tax ALT-F10 HELk i VT-100 ~ FDK ~ 960U Nliz I LUG cTLUSEll I FFt'1' U~'~' I Clt ! C~Z PFMDOl / 95 M A S T E R U P I? A T' E Parcel 85677960530 Code Area 03 Type Qty Name l~Rr7C7LD LIl~i A ~J 2b0 . 150 Buyer C/n Address x_480 ?:ARTMAFI~i ;~2A~. B4T~E ~1) E~3'~Cl4 ~~- $$62 Last change 93/Oa/03 By ASR~LAZEN Tcta 1 Legs 1. Lt~T 5 BILK 5 MERRYWOOI7 SUB #1 025~~00~0050 ~N lw 1~ 9/21/95 11:43:44 Value ACTIVE 16500 Bank Code Lien Code Prepaid L.T.D. Bankrupt Sub,Code Anexation From: Entity l~~oo Exemption Hardehip 0 Property Zoning R-8 I+~Yag Address 00745 N ABERNA7'IiY WAY MERTDIAN ID s3642~-0. ~ D.D, Tyxie 1 REAL Roll 1 PRIMARY Occ. ii F2=Select ~'3=Exit. FS=Corrected Notice F6~Letters F10=Tax ALT-F1U tiLLP ( VT-100 ~ FDK ~ 9600 N82 ~ LOG CLOSED f PRT OFI~' ~ CI.Z ~ CR f ~W ~~/ • • PFMD01 '/ 95 M A S T E R U P D A T E 9/21/95 10:20:14 Parcel R5G77970Q30'~ Code Area 03 Type Qty Value ACTIVE Name BRADY ROGER SCOTT & HEATHER G 200 .179 19900 Bank Code Buyer Lien Code C/O Prepaid Address 2099 W SNYDER DR L.I.D. Bankrupt MERIDIAN ID Sub.Code 83642 - 0000 Anexation From: Last Change 95/09/08 By ASR2_MOUSE Entity Total 19900 Legal LOT 26 BLK 2 MERRYWOOD SUB #2 Exemption #95051632 M30280020260 3N 1W 11 Hardship 0 Property Zoning R -8 Flag Address 02099 W SNYDER DR MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit F5=Cor rected Notice F6=Letters F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF I CR ~ CR D01 95 M A S T E R U P D A T E 9/21/95 10:20:26 Par 1 85677970040 Code Area 03 Type Qty Value ACTIVE Name ARNOLD LINDA J 200 .179 19900 ~ Bank Code Buyer p~,~ Lien Code C/O ~~` Prepaid Address 1480 HAR X201 L.I.D. Bankrupt BOISE ID Sub.Code 83704 - 8862 Anexation From: Last Change 94/10/25 By R_OTT Entity Total 19900 Legal LOT 27 BLK 2 MERRYWOOD SUB #2 Exemption M30280020270 3N 1W 11 Har hip 0 ~~rtg - Zarrn R-8 Flag Address 02115 W SNYDER DR -~F3ID ID 83b~~-UOZH3 D.D. Type 1 REAL Roll PRIMARY Occ. 0 F2=Select F3=Exit FS=Cor rected Notice F6=Letters 10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED PRT OFF ~ CR ~ CR • s PFMDOl 95 M A S T E R U P D A T E 9/21/95 10:20:56 Parcel 85677970060 Code Area 03 Type Qty Value ACTIVE Name INTERMOUNTAIN DEVELOPMENT INC 200 .179 19900 Bank Code Buyer Lien Code C/O Prepaid Address 521 E 03RD L.I.D. Bankrupt MERIDIAN ID Sub.Code 83642 - 8862 Anexation From: Last Change 95/02/10 By ASR2_ALLEN Entity Total 19900 Legal LOT 29 BLK 2 MERRYWOOD SUB #2 Exemption #95006348 M30280020290 3N 1W 11 Hardship 0 Property Zoning R-8 Flag Address 02159 W SNYDER DR MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit FS=Corrected Notice F6=Letters F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR ~ CR PFMD01 95 M A S T E R U P D A T E 9/21/95 10:20:58 Parcel ~5fi7797007tT~ Code Area 03 Type Qty Value ACTIVE Name MONTEREY HOMES INC 200 .241 20750 Bank Code Buyer Lien Code C/O Prepaid Address 10348 FEEDER L.I.D. Bankrupt BOISE ID Sub.Code * 83709 - 0000 Anexation From: Last Change 95/09/08 By A5R2_MOUSE Entity Total 20750 Legal LOT 30 BLK 2 MERRYWOOD SUB #2 Exemption #95051244 M3028002Q300 3N 1W 11 Hardship 0 Property Zoning R-8 Flag Address 02173 W SNYDER DR MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit FS=Corrected Notice F6=Letters F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N$2 ~ LOG CLOSED I PRT OFF I CR I CR PFMR02PUB 96 N E W M A S T E R U P D A T E PIONEER Parcel Rs~rY79~7Qa8,G1~ Code Area 03 Type Qty Value Name SHURTZ ROD A & JENNIFER A 200 .265 21900 990 Buyer C/O Address 2195 W SNYDER DR MERIDIAN ID 83642 - 0000 Last Change 95/08/28 By ASR_MOUSER Total 21900 Legal LOT 31 BLK 2 MERRYWOOD SUB #2 #95054023 M30280020310 Property Address 02195 W SNYDER F2=Select F3=Exit ALT-F10 HELP ~ VT-100 9/21/95 ACTIVE Bank Code Lien Code Prepaid L.I.D. Bankrupt Sub.Code Anexation From: Entity Exemption 3N 1W 11 Hardship Zoning R-8 Flag DR MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 NON-OGC F10=Tax FDX I 9600 N82 ~ LOG CLOSED I PRT OFF ~ CR ( CR PFMD01 95 M A S T E R U P D A T E Parcel 85677970190 Code Area 03 Type Qty Name LYON DOUGLAS R & TRICIA L 200 .149 Buyer C/O Address 2I76 W JAYTOi~ DR IrIERIDIAN ID $3642 - 0000 Last Change 95/09/08 By A5R2_MOUSE Total Legal LOT 16 BLK 4 MERRYWOOD SUB #2 #95051928 M30280040160 3N 1W 11 Exemption Hardship 0 Property Zoning R-8 Flag Address 02176 W JAYTON DR MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax * 9/21/95 10:21:42 Value ACTIVE 21500 Bank Code Lien Code Prepaid L.I.D. Bankrupt Sub.Code Anexation From: Entity 21500 ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR ~ CR PFMD01 N Buyer \ c/a \\ Address 1480 B©TSE #201 U P D A T E Type Qty 200 .149 ID 83704 - 8862 Last Change 94/10/25 By SR_OTT Total Legal LOT 7 BLK 5 MERRYWOOD SUH #2 M30280050070 3N 1W 11 • 9/21/95 10:23:54 Value ACTIVE 20900 Bank Code Lien Code Prepaid L.I.D. Bankrupt Sub.Code Anexation From: Entity 20900 Exemption Hardship 0 Property Zoning R-8 Flag Address 00753 N ABERNATHY WAY MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit FS=Corrected Notice F6=Letters F10=Tax ALT-F10 HELP I VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR I CR PFMR02PUB 96 N E W M A S T E R U P D A T E PIONEER 9/21/95 Parcel I~56?'T~1~9~6~ t~pde Area 03 Type Qty Value ACTIVE Name SCHWEND DOUGLAS WARREA &4 200 .149 20900 LIIZVTMINDA A 990 Buyer Bank Code C/O Lien Code Address 757 N ABERNATHY WAY Prepaid L.I.D. ?~'ERIDIAN ID Bankrupt 83642 - 0000 Sub.Code Anexation Last Change 95/08/29 By ASR_MOUSER From: Total 20900 Entity Legal LOT 8 BLK 5 MERRYWOOD SUB #2 Exemption #95055163 #95055729 M30280050080 3N 1W 11 Hardship Property Zoning R-8 Flag Address 00757 N ABERNATHY WAY MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 NON-OCC F2=Select F3=Exit F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR ~ CR 95 M A S T E R 85677970280 Code Area 03 ARNOI,D LINDA J p Q~"V n LJ MD01 95 M A S T E R U P D A T E Pa el ~ Code Area 03 Type Qty Name I1GTE'RMOUNTAIN DEV8LOP1~4ENT INC 2 0 0 .14 9 Buyer ~~Q C/O Address 521 E D MERIDIAN ID 83642 - 0000 Last Change 95/02/10 By A 2_ALLEN Total Legal LOT 17 BLK 5 MERRYWOOD SUB #2 #95006347 M30280050170 3N 1W 11 9/21/95 10:26:51 Value ACTIVE 21900 Bank Code Lien Code Prepaid L.I.D. Bankrupt Sub.Code Anexation From: Entity 21900 Exemption Hards 0 Property Zoning -8 Flag Address 00598 N TIDWELL WAY MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR ~ CR P 01 95 M A S T E R U P D A T E Parc 85677970390 Code Area 03 Type Qty Name OLD LINDA J 200 .149 Buyer C/O ~U'` Address 1480 H #201 NOISE ID 704 - 8862 Last Change 94/10/25 By ASR_ TT Total Legal LOT 18 BLK 5 MERRYWOOD SUB #2 M30280050180 3N 1W 11 9/21/95 10:27:20 Value ACTIVE 21900 Bank Code Lien Code Prepaid L.I.D. Bankrupt Sub.Code Anexation From: Entity 21900 Exemption Hardship 0 Property Zoning R-8 Flag Address 00586 N TIDWELL WAY MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR ~ CR • PFMDOI ~ 95r M A S T E R U P D A T E Parcel ?7~9'T~'~2`tf Code Area 03 Type Qty Name ROBERTS JEFFREY L 200 .305 Buyer C/O Address 22?5 W DAYTON DR MERIDIAN TD 83642 - 0000 Last Change 95/09/08 By ASR2_MOUSE Total Legal LOT 1 BLK 6 MERRYWOOD SUB #2 #95052348 M30280060010 3N 1W 11 9/21/95 10:28:17 Value ACTIVE 21900 Bank Code Lien Code Prepaid L.I.D. Bankrupt Sub.Code Anexation From: Entity 21900 Exemption Hardship 0 Property Zoning R-8 Flag Address 02275 W DAYTON DR MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit FS=Corrected Notice F6=Letters F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR ~ CR PFMD01 95 M A S T E R U P D A T E arcel 85677970430 Code Area 03 Type Qty Na ARNOLD LINDA J j~,,,~' 200 .214 Buyer ~(_ C/O Address 148 ~20I BC1I SE ID 83704 - 8862 Last Change 94/10/25 ASR_OTT Total Legal LOT 2 BLK 6 MERRYWOOD SUB #2 M30280060020 3N 1 1 9/21/95 10:28:34 Value ACTIVE 22900 Bank Code Lien Code Prepaid L.I.D. Bankrupt Sub.Code Anexation From: Entity 22900 Exemption Hardship 0 Property Zoning R-8 Flag Address 00691 N TIDWELL WAY MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR ~ CR • • PFMR02PUB 96 N W M A S T E R U P D A T E PIONEER 9/21/95 Parcel ` ~t5~'7"?"9'Ttf32'O C~de Area 03 Type Qty Value ACTIVE Name BANE KRiSTOPHER R & DARALIE ~ 200 .209 21500 990 Buyer Bank Code C/O Lien Code Address 2188 W SNYDER Dot Prepaid L.I.D. MERIDIAN ID Bankrupt 83642 - 0000 Last Change 95/07/10 By ASR_MOUSER Legal LOT 11 BLK 6 MERRYWOOD SUB #2 #95038130 #95038751 M30280060110 Property Address 02188 W SNYDER F2=Select F3=Exit ALT-F10 HELP ~ VT-100 Sub.Code Anexation From: Total 21500 Entity Exemption 3N 1W 11 Hardship Zoning R-8 Flaq DR MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 NON-OCC F10=Tax FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR ~ CR n LJ PFMD01 95 M A S T E R U P D A T E Parcel 51211315300 Code Area 242 Type Qty Name LARSEN RONALD L & JUDITH L 010 13.500 Buyer C/O Address 2735 W PINE MERIDIAN ID 83642 - 0000 Last Change 92/08/14 By ASR2_DEEDS Total Legal PAR #5300 OF N2SW4 SEC 11 3N 1W #5000B #9250960 03N01W115300 3N 1W 11 • 9/22/95 13:25:16 Value ACTIVE 10749 10749 Bank Code Lien Code Prepaid L.I.D. Bankrupt Sub.Code Anexation From: Entity Exemption Hardship 0 Property Zoning RT Address 00000 PINE ID Type 1 REAL Roll 1 PRIMARY OCC. 0 F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR PFMD01 95 M A S T E R U P D A T E Parcel 51211244200 Code Area 242 Type Qty Name EDDY JOHN T & BETTY M 010 18.000 100 1.000 Buyer 190 1.000 C/O 310 Address 2630 W PINE 990 MERIDIAN ID 83642 - 0000 Last Change 94/02/25 By ASR_LAZEN Total Legal W2SE4NW4 EXC EIGHT MILE LATERAL SEC 11 3N 1W #9131217 03N01W114200 3N 1W 11 Flag D.D. CR * 9/22/95 13:25:28 Value ACTIVE 13977 35000 Bank Code Lien Code 88100 Prepaid 44050- L.I.D. Bankrupt Sub.Code Anexation From: Entity 93027 Exemption Hardship 0 Property Zoning RT Flag Address 02630 W PINE AVE MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY OCC. 0 F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR ~ CR LJ PFMD01 95 M A S T E R U P D A T E Parcel S12ii244700 Code Area 03 Type Qty Name INTERWEST DEVELOPMENT CORP AND 010 19.000 HE~SLFt GLE1V1~ F AND ROGERS V 10 0 1.0 0 0 Buyer 310 C/O Address 3350 AMERICANRTERRACE SUITE #100 BOISE ID 83706 - 0000 Last Change 95/04/17 By ASR_DIXIE Total Legal E2SE4NW4 SEC 11 3N 1W #94106640 03N01W114700 3N 1W 11 9/21/95 10:06:34 Value ACTIVE 15128 35000 Bank Code 54200 Lien Code Prepaid L.I.D. Bankrupt Sub.Code Anexation A From: 242 Entity COM 104328 Exemption Hardship 0 Property Zoning R-4 Flag Address 02470 W PINE AVE MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR ( CR PFMDOI / 95 M A S T E R U P D A T E Parcel 5321113249 Code Area 242 Type Qty Name D 010 17.430 190 1.000 Buyer GEILE THOMAS A & BARBARA C/O Address 2150 W PINE MERIDIAN ID 83642 ~ 0000 Last Change By Total Legal PAR #1490 OF SW4NE4 SEG 11 3N 1W 03NO1W111490 3N 1W 11 9/21/95 10:06:55 Value ACTIVE 13878 Bank Code Lien Code Prepaid L.I.D. Bankrupt Sub.Code Anexation From: Entity 13878 Exemption Hardship 0 Property Zoning RT Address 00000 W PINE ID Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax Flag D.D. ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR ~ CR • • PFMD01 / 95 M A S T E R U P D A T E 9/21/95 10:07:22 Parcel S1211346835 Code Area 03 Type Qty Value ACTIVE Name BOWERS GUY & HELEN L 010 34.000 26441 Bank Code VAR Buyer RONALD VAN AUKER INC Lien Code C/0 Prepaid Address 3084 E LANARK L.I.D. I~RIDIAN ID Bankrupt Sub.Code 83642 - 0000 Anexation From: Last Change 93/12/28 By ASR_MASON Entity Total 26441 Legal PAR #6835 OF E2SW4 SEC 11 3N 1W Exemption M3N1W0116835 3N 1W 11 Hardship 0 Property Zoning I-L Flag Address 02770 W FRANKLIN RD MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX I 9600 N82 ~ LOG CLOSED ~ PRT OFF I CR ~ CR PFMD01 / 95 M A S_ T E R U P D A T E 9/21/95 10:07:33 Parcel 51211347000 Code Area 03 Type Qty Value ACTIVE Name -P~LA#-I~ 010 15.000 11187 100 1.000 35000 Bank Code Buyer 1~RROW WALTER 310 93200 Lien Code C/O Prepaid Address PO BOX 770 L.I.D. Bankrupt MERIDIAN TD Sub.Code 83680 - 0770 Anexation From: Last Change 94/02/28 By : ASR_LAZEN Entity Total 139387 Legal PAR #7000 OF S2 5EG 11 3N 1W Exemption M3N1W0117000 3N 1W 11 Hardship 0 Property Zoning I-L Flag Address 02340 W FRANKLIN RD MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY Occ. 0 F2=Select F3=Exit FS=Corrected Notice F6=Letters F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED I PRT OFF ~ CR ~ CR n LJ PFMDO l / 9 5 M A S T E R U P D A T E Parcel S1211438900 Code Area 03 Type Qty Name BAXTER E BOYD & rIAXINE M 010 40.000 100 1.000 Buyer 190 1.000 C/O 310 Address 9615 FRANKLIN RD 320 BOISE ID 83705 ~ 0000 Last Change 94/06/07 By ASR_DONN,A Total Legal PAR #8900 OF W 2SE4 SEG 11 3N 1W M3N1W0118900 3N 1W 11 9/21/95 10:07:58 Value ACTIVE 27504 30000 Bank Code Lien Code 41900 Prepaid 2300 L.I.D. Bankrupt Sub.Code Anexation From: Entity 101704 Exemption Hardship 0 Property Zoning I-L Flag Address 02170 W FRANKLIN RD MERIDIAN ID 83642-0000 D.D. Type 1 REAL Roll 1 PRIMARY OCC. 0 F2=Select F3=Exit F5=Corrected Notice F6=Letters F10=Tax ALT-F10 HELP ~ VT-100 ~ FDX ~ 9600 N82 ~ LOG CLOSED ~ PRT OFF ~ CR ~ CR , • RUSSELL D. OR KAREN E. HUNEMILLER 3299 DAVIS DRIVE 888-3822 MERIDIAN, ID 83642 PAY TO THE _ ORDER OF 3038 92-1/1241 ~s 5-~ ~ ~~~ ~~a16:f_~~_.. 0'- (6 J LLARS ~~ Wert One Brok, ldrho HillcrertOffice 36 - Port Off;ce Box 7030 ~K Boise,ldahu 83707 FOR t n^00 30 3811' w ~: l 24 1000 L9~: L i00 36 209 3 1 3~~' i Q m ~ ~ ~ ~ ms o~ WCC ~ ~orM - C W~~~ .. 1 Y. ~W C~ O C~~~ ~ V Z J 0 O_ J a a o Q F- F- O H c __ J _ a ~ w ~' - a r 0 ~ r N *' U U ~ ~ ~ o m ~ a z ~ E 0 ~ w C) ~ a a A o x U ~ ~ ~ ~ O w p > V ~j ~ m 9 G N T (r m 7 I ~ 9 N _ U A a /1 ! ~ Z N E ~ L N " } m N y O j~ ~ U O Z ~ Q o ~' 0 C 0 1. w h H m 3 ~W~°a .o ~o~~ Z V~ ~ ~~ .b Q y. 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Opposed? MOTION CARRIED: All Yea ITEM #21: PUBLIC HEARING: REQUEST FOR A VARIANCE TO EXTEND THE PRELIMINARY APPROVAL TIME AND CHANGE THE NAME FROM MERRYWOOD SUBDIVISION NO. 3 & 4 TO PINE CREEK SUBDIVISION NO. 1 & 2 BY RUSSELL HUNNEMILLER: Kingsford: At this time I will open the public hearing and invite Russ or his designee to speak first. Crookston: Mr. Mayor, 1 have to declare a conflict of interest in this, I can still swear the witnesses however, but if we need findings, I understand we would on the findings, I would have to request the Council to nominate another attorney to prepare those. Kingsford: We can't declare your conflict to be minor? Crookston: No Kingsford: Well you are saying we can do that, I had to sit up here. That is fine. Russ Hunnemiller, 3299 Davis Lane, was sworn by the City Attorney. Hunnemiller: Let's see I am asking for a request for a variance to extend the preliminary plat approval time and change the name from Merrywood Subdivision I believe it is No. 3 and Pine Creek Subdivision, I can't have that name so it will be Morning Glory 1 and 2. Basically that is all I am asking. Kingsford: Counselor if this doesn't represent a conflict to you, I am not clear on why we have to approve a variance to extend. We have approved extensions, that has never been a variance. Crookston: I agree with you (inaudible). Kingsford: I think really, Shari explain that to me, has it already expired, is that the reason? Stiles: Yes Kingsford: But still we have approved without a variance when they have expired before or turned them down. It has never been a requirement to have a variance to my .~. a ~ Meridian City Council October 17, 1995 Page 57 knowledge. Stiles: The ordinance is pretty clear it says must and shall and had they requested it prior to the expiration date the Council could approve it without going through the variance. Since the time has expired that is why these people have been going through a variance permit. Kingsford: If it is must and shall I understand the King's language very well. Morrow: Question, why the name change? Hunnemiller: I just want to break it off from Merrywood Homeowners and have my own. Morrow: You did not own phases 1 and 2? Kingsford: No, if you will remember that is Linda Arnold did 1 and 2. Any other questions for Mr. Hunnemiller? Thank you. Anyone else from the public that would like to offer testimony on this issue? Seeing none I will close that public hearing. Mr. Hunnemiller, the CC&R's have those been submitted? We would need to have those prior to the final plat certainly. I think there ought to be some continuity at least that we can see fairly close to Merrywood, you can be more stringent certainly but there ought to be some continuity. Morrow: Mr. Mayor, I move we instruct the City Attomey or his appointed designee to draw findings of fact or conclusions of law for the variance request to change the name from Merrywood to Morning Glory 1 and 2 and for the extension of the preliminary approval. Yerrington: Second Kingsford: Moved by Walt, second by Max to have a City Attorney designee without a conflict prepare findings and conclusions on the variance request and changing the name from Merrywood 3 &4 to Morning Glory 1 & 2, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #22: PUBLIC HEARING: REQUEST FOR A VARIANCE TO ALLOW ON STREET PARKING, PERMIT LIMITED OUTDOOR SEATING WITH PERMISSION FROM ACRD, WAIVER FROM STATE REGULATION THAT BEER/WINE LICENSE CANNOT BE ISSUED IF WITHIN 300' OF A CHURCH OR SCHOOL UNLESS WAIVED BY LOCAL GOVERNMENT BY ALBERT AND SUSAN BERNER AND MARIE NANNI: ~ ~ . • Meridian City Council November 8, 1995 Page 2 community churches serve a vital function in binding citizens together through providing crucial education and charitable services; and WHEREAS, Idaho has been richly blessed in natural beauty, reflecting God's miracle of creation; and WHEREAS, the importance of our Christian heritage to the traditions and values of Idaho is immeasurable; and WHEREAS, the Preamble to the Constitution of the State of Idaho declares that "We, the people of the State of Idaho, grateful to Almighty God for our freedom, to secure its blessings and promote our common welfare do establish this Constitution"; and WHEREAS, it is fitting to set aside the week of Thanksgiving as and appropriate time to celebrate our Christian heritage; NOW, THEREFORE, I, Grant P. Kingsford, Mayor of the City of Meridian, Idaho, do hereby proclaim November 19 through 25, 1995, to be CHRISTIAN HERITAGE WEEK in Meridian, and 1 encourage our citizens to acknowledge and appreciate the religious heritage of our great state and nation and to observe this week with appropriate ceremonies, activities, and programs. Kingsford: The next item on the agenda then I will take a little executive privilege and move and go to item #17 rather than to pay for an attorneys fee to sit through all of those that we otherwise don't have to. ITEM #17: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY RUSSELL HUNEMILLER: Kingsford: Has the Council reviewed those findings, Wayne will you step down please? We have two different agendas, which one are we operating off of Will? Does the Council have any question on those findings? Are you prepared to take action? Morrow. Mr. Mayor I would move that we approve the findings of fact and conclusions of law as written. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the findings of fact and conclusions of law as written for Russ Hunemiller's variance request, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Morrow. Mr. Mayor, I would move that it is Beaded that the variance from the 11-9-60411 is hereby granted and that the plat must be recorded on or before October 17, 1996 and •. • • Meridian City Council November 8, 1995 Page 3 the name changed to Morning Glory Subdivision 1 and 2. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the decision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED OCTOBER 17, 1995: VARIANCE REQUEST FOR ASHFORD GREENS SUBDIVISION BY BRIGHTON CORPORATION: Kingsford: I believe we received a letter requesting that be tabled to February of 1996, I believe the first meeting in February is February 6, entertain a motion to that effect. Morrow. So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to table the Ashford Greens Subdivision variance to the February 6, 1996 meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: TABLED OCTOBER 17, 1995: ANNEXATION AND ZONING REQUEST FOR HIGHLANDS RANCH SUBDIVISION BY GEM PARK II PARTNERSHIP: Kingsford: Does the Council have questions on that? Morrow. Mr. Mayor, we went through this on our last meeting with respect to the minutes and the issue was at that point in time it was tabled because there was no major change in the findings of fact from our October meeting which was to require and the applicant did respond that he was in agreement with those findings of fact. There also was some meetings that transpired with respect to the potential purchase of a school site but contingent with bringing those, that annexation current it was also stated that there needed to be plat vuork done and the plat needed to be brought along with it. The last t knew we were waiting that information from the developer and/or his representative. My question is do we have any of that information at this time? Kingsford: Have we received the plat Shari? • MERIDIAN CITY COUNCIL MEETING: NOVEMBER 8.1995 APPLICANT: ITEM NUMBER; 16 REQUEST; FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A VARIANCE REQUEST BY RUSSELL HUNNEMILLER 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: ~'Z•1i~iL~il~~~ll~ FINDINGS OF FACT AND CONCLUSIONS OF LAW 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: f~;~i~ ~U~ ~ ~3,~ w~P ~~~ d~ ~,p~ OTHER: X11 Materials presented at public meetings shall become property of the City of Meridian. • • 0 BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF RUSSELL HUNEMILLER FOR A VARIANCE FROM THE 11-9-604 I. 1. RECORDING OF FINAL PLAT FOR MERRYWOOD SUBDIVISION #3 and 4 AND CHANGING NAME TO MORNING GLORY SUBDIVISION #1 and 2 FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on October 17, 1995, at approximately 7:30 p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the request for a variance from 11-9-604 I. 1., which requires that the final pl,:t be filed with the County Recorder within one year after written approval by the City Council was published for two consecutive weeks prior to the scheduled hearing for October 17,.1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 17, 1995, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - MERRYWOOD VARIANCE - 1 ~ f • • D., and 11-9-612 B. 1.b. of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. 3. That Ordinance 11-9-604 I. 1., requires that the final plat be filed with the County Recorder within one year after written approval by the City Council, otherwise such approval shall become null and void, unless prior to said expiration date an extension of time is applied for by the applicant and granted by the Council. 4. That the Applicant has requested to be granted a variance from the above filing and recording requirement; that Russ Hunemiller testified at the October 17, 1995, hearing stating that he was not the owner at the time of the preliminary plat approval, and he is now taking over the Subdivision and requests a one year extension and that the name of the Subdivision be changed to Morning Glory 1 and 2. 5. The antire property in question is described in the subdivision application and is incorporated herein as if set forth in full. 6. That the Applicant is the property owner. 7. That no people appeared at the hearing objecting to the variance application; that the Meridian Fire Department commented that it did not have a problem with the variance; and that the Central District Health Department had no objections. 8. That the Ordinance requires that the plat be recorded FINDINGS OF FACT AND CONCLUSIONS OF LAW - MERRYWOOD VARIANCE - 2 • • within one year of final plat approval; that since the plats were approved on the plats should have .been recorded on or before that the ordinance also states that any request for an extension must be filed with the zoning administrator prior to the lapse of the original one year. 9. That proper notice was given as required by law and all procedures before the City Council have been given and 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 of hearing on the proposed v~rianc~ 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. T:~at the Council may take judicial notice of its own proceedings; those of the Planning and Zoning Commission, FINDINGS OF FACT AND CONCLUSIONS OF LAW - MERRYWOOD VARIANCE - 3 • • governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provision of Section 11-9-612 A. 1., of the Zoning Ordinance is noted which is pertinent to the Application: 1 1 -9-61 2 A. 1 . PURPOSE The Council, as a result of unique circumstances (such as topographic - physical limitations or a planed 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 provisions or requirement is impracticable. 6. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: 11-9-612 A. 2., FINDINGS No variance shall favorable acted upon by the Council unless t:~ere 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 property in the area in which the property is situated; d. That such variance will not violate the provisions of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - MERRYWOOD VARIANCE - 4 E • 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. 7. That there does appear to be a specific benefit or profit, economic gain or convenience to the Applicant in that if the variance is not granted the Applicant would be required to go through the platting procedure again; that there have been no significant subdivision and development ordinance changes to require additional requirements that were not in effect when the subdivisions were approved. 8. That regarding Section 11-9-604 A. 2. it is specifically concluded as follows: a. That there are no special circumstance or conditions affecting the property that the strict application of the provisions of 11-9-604 I. 1. would clearly be uniaasonable. b. That strict compliance with the requirements of the 11-9-604 I. 1., Approval Period, would not result in extraordinary hardship to the applicant as a result of factors not self-inflicted, but since there have been no significant Subdivision and Development Ordinances changes which could be avoided if the variance was granted, it does make reasonable sense to grant the variance. c. That the granting of a variance would not be detriment- al to the public's welfare or injurious to other property in the area in which the property is situated. d. That the variance would not have the effect of altering the interests and purposes of the recording requirement or the Meridian Comprehensive Plan. 9. That it is concluded the Application for a variance should be granted, but the Applicant must record the plat on or before October 17, 1996, and the requirements of 11-9-616 FINDINGS OF FACT AND CONCLUSIONS OF LAW - MERRYWOOD VARIANCE - 5 • shall be complied with. 10. That the granting of this variance, or any variance, is on a case by case evaluation and the granting, of this variance shall not be considered as setting a precedent; each application must stand on its own merits and the granting of one variance is not a precedent for granting others. 11. That the granting. of this variance is only for the recording requirement and change of name to Morning Glory 1 and 2, and all other ordinances of the City of Meridian must be met and complied with. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby approve these Findings of Fact and Conclusions. nAT r /~ T T T COUNCILMAN YERRINGTON COUNCILMAN MORROW COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD VOTED VOTED VOTED VOTED (Tie Breaker) VOTED DECISION That it is decided the variance from the 11-9-604 I. 1. is hereby granted and the plat must be recorded on or before October 17, 1996, and name change to Morning Glory Subdivision 1 and 2. APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - MERRYWOOD VARIANCE - PREPARED BY JACR C. RIDDLEMOSER, Attorney at Law OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Trequror GARY D. SMITH, P.E. Clty Englnesr BRUCE D. STUART, Watsr Works Supt. JOHN T. SHAWCROFT, Waste Watsr Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 8 2 Adm. KENNETH W. BOWERS, FlreChlef W. L. "BILL" OORDON, Pollcs Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDLAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (ZOB) 887813 Public Works/Building Departntalt (306) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLBMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 8 2 COMMI8SION JIM JOHNSON, Chairman MOE AUDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: --October 10, 1995 TRANSMITTAL DATE: 9/26/95 HEARING DATE: 10/17/95 REQUEST: Variance request for Merrywood Subdivision No 3 & 4 BY: Russell Hunnemiller JIM SHEARER, P/Z -CHARLES ROUNTREE, P/Z -TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C -BOB CORRIE, C/C -WALT MORROW, C/C -MAX YERRINGTON, C/C -WATER DEPARTMENT -SEWER DEPARTMENT -BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER f~IT/ AI Awlw1C''9 ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8t FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: Nampa & Meridian Irrigation District has no comment on the variance request for Merrywood Subdivision No. 3 & 4. ~;rrv +~r ~~~~i~~~ O C T 2 ~ 1995 • ~ MERIDIAN CITY COUNCIL MEETING: OCTOBER 17.1995 APPLICANT: RUSSELL HUNNEMILLER ITEM NUMBER; 21 REQUEST; REQUEST FOR A VARIANCE 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 p~~ ~~~ I, ~` C~1~I ~Ib e OTHER: AID Materials presented at public meetings shall become property of the City of Meridian. f HUB OF TREASURE VALLEY ~ OFFICIALS COUNCIL MEMBERS ILLIAM G. BERG, Jr., Clty Clerk A C100d Place i0 L1Vf'. RONALD R. TOLSMA MAX YERRINGTON JANICE L. GABS, Clty Tressurer_ BRUCE D. STUART, Watsr Works Supt. CITY OF MERID LAN ROSERT D. CORRIE WALT W. MORROW JOHN T. SHAWCROFT, Waste Water Supt. P 8 Z COMMIS810N DENNIS J. SUMMERS, Parks Supt. 33 EAST IDAHO JIM JOHNSON, Chalm,an SHARI S. STILES, P fi Z Adm. MERIDIAN IDAHO 83642 MOE AUDJANI KENNETH W. BOWERS, Flrs Chlef , JIM SHEARER W. L. "BILL" GORDON, Pollcs Chlef Phone (208) 888-4433 • FAX (208) 887813 CHARLIE ROUNTREE WAYNE G. CROOKSTON, JR., Attomsy PUbI1C WO[ICS/BUiId1118 Department (208)887-2211 TIM MEPPER GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 10, 1995 TRANSMITTAL DATE: 9/26/95 HEARING DATE: 10/17/95 REQUEST: Variance request for Menywood Subdivision No 3 ~ 4 BY: Russell Hunnemiller JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT ~POUCE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMAT ELI FINA CITY FILES /~ OTHER: ,~( ' YOUR CONCISE RE RKS: RECEIVED 0 C T - 2 1995 CI1"Y OF MERIDIAN OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GABS, Clty Treesuror GARY D. SMITH, P.E. City Enplnssr BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Watsr Supt. DENNIS J. SUMMERS, Perks Supt. SHARI S. STILES, P fi 2 Adm. KENNETH W. BOWERS, FIreChlef W. L "BILL" GORDON, Pollcs Chlsf WAYNE G. CROOKSTON, JR., Attorney HUB OFTREASURE VALLEY N A Good Place to Live CITY OF MERIDLAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (ZOB) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT 0. CORRIE WALT W. MORROW P 6 2 COMMISSION JIM JOHNSON, Chairman MOE ALIOJANI JIM SHEARER CHARLIEROUNTREE TIM MEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 10. 1995 TRANSMITTAL DATE: _.9/26/95 HEARING DATE: 10/17/95 REQUEST: Variance request for Merrvwood Subdivision No 3 ~ 4 BY: Russell Hunnemiller JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P/Z -CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z -GRANT KINGSFORD, MAYOR -RONALD TOLSMA, C/C -BOB CORRIE, C/C WALT MORROW, C/C .-MAX YERRINGTON, C/C WATER DEPARTMENT --SEWER DEPARTMENT -BUILDING DEPARTMENT ,FIRE DEPARTMENT POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PgqR~E1LIM & FINAL PLAT) OTHERS ~" d' /~ ~ S' YOUR CONCISE REMARKS: i S c. i : /~C..- n, e f ELFECt HZ.Jr ~~ «v / R E -~~ - ' .~ ~~ov-'-`z CENTRAL CENTRAL DISTRICT HEALTH DEPARTI~NT •• DISTRICT Environmental Health Division ~1'HEALTH ~CIE~~rW~'rnto: ^ Boise DEPARTMENT OCT i 2 1995 ^ Eagle Rezone # ~~'~'~~~~~~~~~~ ^ Garden city Meridian Conditional Use # ^ Kuna Preliminary /Final /Short Plat ^ ACZ 1. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. 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 ^ 9. 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 ^ 10. Street Runoff is not to create a mosquito breeding problem. ^ I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ I5 ^ beverage establishment ^ grocery store ~~ f ~~ (Q . / Date: Reviewed By: [DND ID/91 rcb, rer. I/95 Review Sheet