The URL can be used to link to this page

Home My WebLink AboutTruax, Robert VAR HUB OF TREASURE VALLEY • l~~.i~~~~~,:r~ OFFICIALS WILLIAM G. BERG JR City Clerk A Good Place to Live /~ COUNCIL MEMBERS +r'° ~~ 2 0 ° RONALD R. TOLSMA ~~ ~ ., , JANICEL.GASS,CityTreasurer CITY OF MERIDIAc ~ MAX YERRINGTON ROBERTD p'bp? CORRIE GARY D. SMITH, P.E. City Engineer ~~~~~~_ . ~ ll&_ -"w•ALT W MORROW BRUCE D. STUART, Water Works Supt: . aall!! 1j ~® JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire chief " " MERIDIAN, IDAHO 83642 Planner & Zoning Administrator W.L. BILL GORDON, Police Chief JIM JOHNSON WAVNE G. CROOKSTON, JR., Attorney Phone (208) 888-0433 • FAX (208) 887-4813 Chairman ~ Planning 8 Zoning Pubiic Works/Building Department (208) 887-2211 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: January 31, 1995 TRANSMITTAL DATE: 1/20/95 HEARING DATE: 2/7/95 REQUEST: Variance request BY: Robert Truax LOCATION OF PROPERTY OR PROJECT: Lot 23, Block 2 of Fenway Park No. 3 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 8~ 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) N (Owner or holder of valid option) Phone: S 7S. C ~~~ ADDRESS: ~O~ ~ W ~~u~Svt ~~e ~~, GENERAL LOCATION: Lo ~ Z 3 I3~ ~~C Z !~~t,~ ~ iJ ~K ~3 LEGAL DESCRIPTION OF PROPERTY: PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: `~. ~ ~.I 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: 11 ci~..i I ~ c.e.. '~'o ~~ ~'~ SIGNATURE: CITY COUNCIL RECORDS Date Received S`ty Council Hearing Date Received by ^ ~ ,: ~~ E m \ ~ ~ Em`-~ c i `NLL Ens a ~ '3'm mx >;~. m gN ~v ~~ Q C 1~1 ~~ ~3 s a~ ~~ c~ ~ N ~ N vpv vpv NN NN i iA iA _ .. ~ n v r r ~ N vN ~R ~R~ ...... ~.~ vv~ w~ ~~~ $a ~aa 0 0 ~ N tC ~ ~~Q Q ~p N a .. R G ~a N ac g NI 0 v .. N O'~, r ~I O Q ~ R O ~~ a~ 0 O ~'. III i of ~D 4~ {.7 a N 0 0 1191 ~I ~ ~ pN_ N N iA a z 0 z • III; Q z ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ °I oI of c~l ~l coal c~l con °~ °~ o~ °~ QI ~ ~ a _~ O N N ~p~ c~ N a Q ~ _rJ~_ O N ab U a~ d ~ o ~ ~ ~~ `~° ~~~v C7 ~ p O c ~ ~ ~ ~ »$ m ~~~~ ~ ~~ ~~ m ~ ~o~~ g o~~o` ~ F'~v~ ~ ~ C ~ pON ~ , ~ E.aQ coo m ~ ~ ~~€.'aa°o "c ti l3 m m° •~~ gym`- `o b EOv~'ad F-a ~ OE~^ va ~ C .r.., ~- s 7 U C 0 m c ~ w~ ~ cmJ ~ ~~~ O w~ ~~~ ~!@- c ~ ~ aEa ~ e LL C~~mp m~ ~gJ , Q J M N ....h.•` vv~ ~ i Fenway Park PURCHASE AGREEMENT (Byy~r's Option) THIS AGREEMENT, made and entered int s day of 19~b and between William J. Buckner, as Seller and ~ Q~,rA~r • Of t'1~F~ as Buyer, whCICIII Duyor dots htreby purchase f rn Setter the optional right to porch se pro rty located in SUBDIV1SlON NO.~ .Ada County, State of Idaho, to wit: /~ . ~ ~ o ~d•r. %n- ~/~~ ~.~,/rrss ~s TERh1S Seller htreby agrees to sill each lot above to uyer for the price stated above in lawful money of t e e tarts of Amenea. provided sou are fully paid to Seller by Buyer on or before 6 oclock p. m. of each of the individual expiration dates shown above Buffer anu Seller agree that expiration dates listed above will be assigned to individual lots in the order in whiefi lots are closed. As consideration for this c tinning offer sell said pr ert~u er agrees to pay the sum ul_~fjtiJ~~(/l~ _ ___(S~ ~ dollars option purchase mo a er lot (S~ ~ total), which sha~be ppd lied toward the porch sad price at closing. Buyer agrees to have ~ ntudel home(s) com~ettd or under construction in the subdivision at all times. Buyer agrees that time is of the essence in the performance of this Purchase Agreement. that Buyer will close one lot on or before each of the expiration dates listed above, and that in the event the full purchase pact of each !ndtvidual lot is not paid on or before said expiration dates, Seller shall retain said option purchase money payments and may convey said property to others without regard to this agreement or payments made hereunder and buyer shall have no claim to said property ur option purchase money payments. Buyer also agrees that failure to perform on any single lot or lot expiration date constttutcs nuti• performance on the entire Purchase Agreement. Seller may grant, at Seller's sole discretion, an extension of this Purchase Agrern,tni :u the Bu r Seller may require Buyer w deposit additional option money as consideration for granting an extension. buyer shall alw puy untrea: at~ percent (qe) per month en the unpaid balance which shall not apply to the purchase price and is nonrefundable to Buyer ;~i tveni ui failure to perform under the terms. of such extension agreement., _~ .dl Total purchase price of all lots above S (/ v Less total option purchase money (to be held by Seller) S a~~,Lt7~•~~y~-- Balance due on Purchase Agreement subject to terms herein S _~ _~'u'__,_!a!~_~ Additional charges collected at closing by Seller: • Owners Association Inital Assessment f _ _per lot • Owners Association Regular Annual Assessment S _ _~per lot annually • Property Taxes & Irrigaiton Taxes as assessed or estimated. Proration of Owners Association Regular Annual Assessment, Property Taxes, Irrigation Taxes and other applicable charges shall be itch: the tarsier of (a1 closing date or tb) original option expiration date. 7'he folla~ving additional terms and conditions shall apply: I Buyer acknowledges receipt of a copy of the covenants, conditions, and restrictions for said subdivision and agrees w abide uy ..~~u covenants. conditions, and restrictions. 2 Duyer agrees to submit plans and specifications to the Architectural Control Committee of the subdivision at 6025 Randolph Drive, Boise, ID 53709 prior to start of construction. Should the Buyer start cuttstrucliut ~vithuut prior written approval, Buyer will be assessed a SS00. penalty. Such penalty shall not release the Duyer from meeting all provisions of the Covenants, conditions, and Restrictions of the subdivisiuri. 3 Buyer shall contact Patty Chopp at Stewart Title Co. 336.6515 for lot payoff figures. 4. Builder shall verify boundary- and measurements before starting construction. Seller will not be responsible for damages resulting from buyer's failure to do so. i Buyer shall pay all utility. hookup fees. 6 Buyer shall be responsible fcr determining the location of the sewer service connection on said property Irom the Department of I'u'~I:c Works of applicable sewer dissrict. 7 Any damage to streets, curbs, sidewalks, fences, tiled irrigation lines, utility facilities or other improvements shall be the responsibility of the Buyer if occurring after the date of possession or dace of conveyance, whichever date shall first occw 6 It is understood and agreed tsar Seller will not be required to furnish Title Insurance to buyer but Seller warrants merchantabtt out. subject to easements, restrict.ons, and covenants of record andlor as shown on the official plat of the subdivision. II' legal ac:iun is to be u!swumd w enforce this agreement, the prevailing party shall be entitled to reasonable auorney (ees. 9 This agreement shall be binding on the executors, heirs, administrators, personal representatives, successors, and assigns ut the respective parties hereto, ti _ being of [he essence. There are no verbal. agreements modifying this agreements. Lot Block Price Z / 2G ov. oa ti Buyer _ _~„!G~ _ ~ ~ Setler. WILLIAM J, DUCKNER - -=------- .4ddress _________________ _______________ 90 Jrtvestors Realty, inc. ~. ~ ~ `_ ~ _ 6025 Randolph Drive Phone -~ Bo se, ID 3709 i Buckne ---- ----- --- -------------- J .Iverson, His Att rney In Fact IMPORTANT •- AGENCY SCLOSUR'I At the ume of this agreement, ge with uyer represented _and the ugem wurku:g wnh Seller represented ~ .Each part signing this document confirms that pnui wni!tn disclosure of agency was provi to him/her in this transaction. Each party to this transaction has read and understands the contents ul the agency disclosure previously received. / ~- Broker __~ _ __rf __ _ ~i!1 ~ ' by. ---- ---- - --~~~~-- Y [ ~ ` m 3 O ~ 2 .Q '~1 Z 0 • ~ T~ M } ~ ~ Z Z ~ F - ~ M ~ ? 2 O N~ ? O Q ~ ~ .~ O H ~ O ~ ~ a ~ 0 c WQ~ m N ~m • ~ a .` \~ ~ ~ W ~ ~ 3 z ~ r r ^`~I ~_ w z i i /® '! I ~~T .. `\ ~. ~y1 ~< I ~~i 1~ ~ e -~ ~~~-~ _ • a o ~- e'; ~, ~~ ~, ~~ 3 3 ~~~3 ~F~~ ~~ s ti ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~~ a ~: `~`~ t~ I I I I W 3~ • • ~~ .• ~ 1 1 1 1 it t7 I "ti 1 0 ~' ~ Y e 3 ~ ~ M 3 ~' °~~~ ``~ ,~h / V w y 22~ ~ ~ _ 1C.fa00 M IL' ~ 'ri (S 1 ~ ~ ~t~~ a r ~ ~ f . 1 ,,, ~ ., .wru sua ialo s ' n a ;c- • .y ~ . ~ ~~`a ~ ~~~ d b •y L'1' e, o i ~` 7 3 ~ ,y O v- • ~ W ~ ® ~~`;_• ~~ `~~ ~ ._ ~~-. d 1 ~ 1 J~ ~ y ~ e \ u~ `( 1 .om~ ~ roam ~ ~ V' r Of • • h: ~ ~ ~ y 1 ~„ d » ~= o ® ~ 1 ~ f O y 1 .rrm~ I .w.o~ $' ~j ~ ~ V ® ~ ~ O~ § ~ ~I I w ~ ~ ~ ;~h~ ~o 4 ~ i ~ .mmao w ~ ? ~`` W S p4~ E ~ 5 , ~ E S ~ ! lo; ~® ~ ~ 4 Q~~ ~ r• ~t'IV *~ b 1 ~ ~vJ M 4h IMF~~ • ~t > > • ! ~ t:~ a ~ a i~ ~ 11 ~ ! ~ ii Qeo ~ } C ~ b•= 1~ - ~.~_ ` .~ '.~. ~ "lie io° '~~ ~ ~! ~ i . • g 1 ~ s 7- 1 ~~ ~ ~ ~~ t ~~ ~ -- _~---_ u~ ~ r i 1 sal `1 S M R~~~ ~~ ~ ~9~ ~ ~b ~1 'i O ~d ~~ ~~ ^ b~ ~ ~~ ~S' ~ b) arovl >ro~n s .r ~ ~j S~~ ~ le ~~ ~~ ~~~ ~~ ~~ ~~ ~~ ~~ I 0 u 146103' S 89 S9' 33"Wf \ ._ 942 54 FG • ` ~ 94321 TOF '. • ~ ••. '~ ~ ~\~ s ~6~>, ~ ~~ .tis~ ~•~ \ry„a ~~0, ' • ~ ~ ~ -. ~ .,~/ • . V `,b6' f t ~ .~ 1 ~ '~ ~ 1 N • ~ .~~ ~ 1 ~~ ~ ~~ ~- a `mom G'~$ • HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A Good Place to Live WILLIAM G.BERG,JR.,CityClerk RONALD R. TOLSMA I JANICE L. GASS, City Treasurer CI TY OF MERIDIAN ROBERT D. CORR E GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner & Zoning Administrator W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887-4813 Chairman ~ Planning 8 Zoning Public Works/Building Department (208) 887-2211 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: January 31, 1995 TRANSMITTAL DATE:. 1/20195 HEARING DATE: ZR/95 REQUEST: Variance request BY: Robert Truax LOCATION OF PROPERTY OR PROJECT: Lot 23. Block 2 of Fenway Park No. 3 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 8~ FINAL PLAT) U.S. WEST(PRELIM 8 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: (Owner or holder of valid option) Phone: 3 7S O ~~/ ADDRESS: I 0 .~ ~ ~ ~~ ~ ~S y t ~~ 2 ~ ~- GENERAL LOCATION: ~ z 3 /~l l~ 2 ~~ ~ ;~ ~K ~-.3 LEGAL DESCRIPTION OF PROPERTY: PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: `` ~ L.I 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: U G~,~' 1 ~ c-C -~o T~~'. ~~' SIGNATURE: CITY COUNCIL RECORDS Date Received City Council Hearing Date Received by /..~-.,. E m~ ~ ~ c~~ NLL ~~_ E~~ ~s N Q aO O N 1191 ~~ i~ 'sN C LL 7 ~~ S 0 ~~ ~I ~ Ig I~ .~..N ~~ pv N N N ~-. ~ n. ~ ~ ~ N vN ~R ~R' ~ vv~ $~ ~ ~•t. ~ ~a ~~a ao °~ ~ N ~~ \ta~ Q do N iA R ~~ ~~ ~a N N 0 ..: N r R ~' z z ~ g ~ ~ ~ ~p~ c 0 N N ~ iA o 0 N N ~ +O= pN_ WN ~ N ~ ~ Q Q ~ U _SO_ :I QI 2 ~ ~ ~ ~ ~° ~ ~ ~ cl ~I 4°I c4il a~I rail 0 O r of O Q i ~ R a O u: 0 I °I °I O ~a 1 r ~O m Q R a m~~ m Gov ~ ~~ O ~ ~ m~$ ~~~ « ~~'~v ~ ~ ~o~~ m ~ oaoti .S o~~o ~~~ p ~ OON E~~ c~r m E ~ ~ .€ .n p 'cLL13«M`* ~, ~ v ~ ,~ O • gym` oaaf~ ~ ~ b ~ E o c°> '~ as ~a Q~O E o~ v its ~° .. O V C O m C C ~J y W~ C .~ O 0 0 ~~ cmE~~ ~ ~ ~LL ~ LL mOp~~J Q J !I) y ~~J • • Fenway Park PURCHASE AGREEMENT (8 y is Option) THIS AGREEMENT, made and entered inns day of 19~b end etweers William J. Duckner, as Seller and ,,,~~_ of _ L'J,,FY as Buyer. wherein Buyer dues hereby purchase f rn Seller the optional right to pureh se pro rty locate in SUBDlV1SION NO.~ ,Ada County, State of Idaho, to wit: Lo[ Block Price Z / ~ ~~ H Expiration Dates ~~//'~/~t(/~`f //t'f ~i///.ivy i. ~vfi~~7~ ~~~.~~~ ~ ,s~~ ~,~./~rss TERMS: Seller hereby agrees to soli each lot above to uyer for the price stated above in lawful money of t e U"' cr~Sw es tit Amenca. provided lots are fully paid to Seller by Buyer on or before 6 oclock p. m. of each of the individual expiration dates shown above Buyer anti Seller agree that expiration dates listed above will be assigned to individual lots in the order in which lots ere closed. As consideratton for this c unumg offer sell said pr eny,~u er agrees to pay the sum of .ff '<•~ dl1 ,~~'~ (5.~~~~_Q~ dollars option purchase mo a er tot (5_ d~ _ttal), which sha~be pp2 lied toward the parch sad price at closing. Buyer agrees to have ~ model hume(s; com~etcd or under construction in the subdivision at all times. Buyer agrees that time is of the essence in the performance of this Purchase agreement. chat Buyer wilt close one lot on or before each of the expiration dates listed above, and that in the event the full purchase pace of oath individual lot is not paid on or before said expiration dates, Seller shall retain said option purchase money paymenu and may convey said propcny to others without regard to this agreement or payments made hereunder and buyer shall have no claim ro said prupeny ur option purchase money payments. Buyer also agrees that failure to perform on any single lot or lot expiration date constitutes iton~ performance on the entire Purchase Agreement, Seller may grant, at Seller's sole discretion, an exronsion of this Purchase Agreemem :u thr Bu r Seller may require Buyer to deposit additional option money as consideration for granting an extension. buyer shall alw pay Interco: at~ percem (90) per month en the unpaid balance which shall not apply to the purchase price and is nun-refundable to Buyet m evem ui failure to perform under the terms• of such extension agreement., _~ Total purchase price of all lots above S ~ ~__ Less total option purchase money (to be held by Seller) S ~ r~- Balance due on Purchase Agreement subject to terms herein S _~~_ ~ ~_ Additional charges collected at closing by Seller: • Owners Association Inital Assessment S _ per lot • Owners Association Regular Annual Assessment S _ _~per lot annually • Property Taxes & Irrigatton Taxet as assessed or estimated. ~s Proration of Owners Association Regular Annual Assessment, Property Taxes, Irrigation Taxes and other applicable charges sl~ull be Irani the earlier of (a) closing date or (b) original option expiration date. 7'he following additional trams and conditions shall apply: 1 Buyer acknowledges receipt of a copy of the covenants, conditions, and restrictions for said subdivision and agrees w abide uy ..,~u covenants. conditions, and restrictions. 2 Buyrr agrees to submit plans and specifications to the Architectural Control Committee of the subdivision at 6025 Randolph Drive, Boise, ID 83709 prior to start o[ construction. Should the Buyer start curtstructiur ss•ithuut prior written approval, Boyar will be assessed a S500, penalty. Such penalty shall not release the Buyer Crom meeting all provisions of the Covenants, conditions, and Restrictions of the subdivisiurs. 3 Buyer shall contact Patty Chopp at Stewart Title Co. 336.6515 for lot payoff figures. a, Builder shall verify boundary and measurements before starting construction. Seller will not be responsible for damages resulting from buyer's failure to do so. i Buyer shall pay all utility hook-up fees. 6 Boyar shall be responsible fcr determining the location of the sewer service connection on said property from the Depanmeni of Pu~L~ works bl applicable sewer district. 7 Any damage to streets, curbs, sidewalks, fences, tiled irrigation lines, utility facilities or other improvements shall be the responsibility of the Buyer if occurring after the date of possession or date of conveyance, whichever date shalt first Decal g. It is understood and agreed ttat Seller will not be required to furnish Title Insurance to buyer but Seller warrants merchantable uric. subject ro easements, restrict.ons, and covenants of record and/or as shown on the official plat of the subdivision. II' legal acaon ~, to bs uuwutcd to enforce this agreement, the prevailing party shall be entitled to reasonable attorney fees. 9 This agrecrnent shall be binding on the executors, heirs, administrators, personal representatives, successors, and assigns of the respecu~e parties hereto, ti _ being oY the essence. There are no verbal. agreements modifying this agreements. Buyrr _ _ _ iG~ ;_-~ Seller: WILLIAM J, BUCKNER Address _________________ ____________ 9a lrrvestors Realty, lee. _., .., - -_-_ 6025 Randolph Drive Phone a ________ ~ _~ C--__ ____ Bose, ID 3709 ~,/~~--- Iverson, His Atttfrney In Fact IMPORTANT •• AGENCY(Etl At the time of this agreement, ge wuh uyer represented _ with Seller represented .Each partyr disclosure di agency was provi to him/her in this transaction. Each party to th agency dtsclosure previously received. /~ / Broken _-~- _ __!J____,~I..~~!I .~_ by ------- ---- •--- ----~~ )~/~(/ _and the agent wurkn:g gning this document confirms that prior written transaction has read and understands the convents tit the ~$ c ~~ ~ +~~~ ~~~ ~~ j~~ ~~ ~~ ~~ ~ GFS ~ • ~ ~.~ °o ~q ' ~~ ~~ fi ~O f A ~ ~ T, ~~~ ~~ ~~ ~~ ~ ~~ s i ap ~ ~a ~ ~~ dg~~ ~ ~~?r`~s ~~ ~~ ~~ ~~€ ~~ v~ ~ ~ s oo~tio~ _ xesar sA ~~ ~' ~~~ ~ ~ ~~ y ~- al I ~ ~ S ~ I ~ P 02 s4 , ~J- i ~_ ~. L_ r~ '* MIM y+i ~ ~ s ~ Kw C wJ ~~ ~ \ 0 ? i'~~ ~ O O a ~: pp ~• a .~ 1~ O j "~ (~ O \ ~ ~. `\ ~0. WI \ y ~~ P• /~'q s \ ~~\ ®a.~t. C r `30 ~~~ !~. ~ ~\ f ~ \ ~ G ~ ,y O ,~ I %/. ~O ~ y ~ y~ O Via= 3~ +071 ~ . 1~ ~~ w wocr w 1 ~ 7C i~ :$ ta.ar 1 Q ~~ 1 . ~ N .. laaa ® N~ /.Z\ 11 '1 1' '1I S aOaQ~0' t 1 ...rl L -, ®I^ s Z< ~ j 1I°- • } I M a0e0'00' [ A ~ 1 y ~ ~ ~ ~ ® ICI • y 18_ • O y ~~ l n y ~ C ~ ~ ~ O ~~ 1 a y 0 I I p O ~ ® _ ^/ ti y Z F A a ,y. tot<or I .~ y ~ a.s 1 ~ r ® p 1 ~ I + c ~, - S, m \ ~ ~ taaaf r q : atesr an awrc " 4 ,,..r 1 3 c ~ . ~i ® 3 a a ,$«~ O ~ 1 t5~ 4 ~ 1 0 ~ I A I )?: 2 I $ !~ ~ I ~ I I ~ I ~~ »~ ~ ~~ ~ ~ a~~ ~ ~ ~ ~~~ .~ ? ~ ~ ~I~ q t ~ ~ ~~ ~~ r ` F ~ ~ = F a _,~ ~ ~ ~~ ~~$ ~ ~' I u+i 1 ~1 I •, `O ®' ~. ~ 1 Z m Z ~~ ~+ ~~~ Z m*~ m ° ~ Q -' p A ~ ~~~DO~b~, m ~ 0 ~ Z ~ ~ ~ ~ Z W ~ ~ ~ ~ ~ A Z • v• ~ O 0• W r-.~ ~ W Q ~ i ~q ~' W ~3` G f A~ A ~ 1~ a ~' r~ O 4 9y ~~ ~~ O 'Y i 6 ~ ~ O ~ G ~' ~ Q~^~ .~ . r~ r '~. ~~ me ~ ~v 3 1• r -n ~1. . ' ~ ~ `~ ~ , f ~~9 ~ 1 s ..~ • C~ v ~'~ '. ~~~ .~~ ~ ~~~ .~ ~~~ ~ \ ` . ~~ . .~ . ` ~~ \ . \ ~ ~ ~ ~ •, ~Ol lt£~'6 ~ ` . ~ i~CS Zi~6 ~ .~ (Yi ~~~~ ~6~ 68 S ~~9'9tl ~~.~' Meridian City Council February 21, 1995 Page 11 Corrie: Second Kingsford: Moved by Max, second by Bob to have the City Attorney prepare an ordinance annexing and zoning. Crookston: Just for the record would you state your name? (Inaudible) Crookston: And you relation to Mrs. Lotspeich? (Inaudible) Crookston: Thank you. Kingsford: All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY ROBERT TRUAX: Kingsford: Council reviewed those findings. Tolsma: Mr. Mayor I move we approve the findings of fact and conclusions of law for Robert Truax variance. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve of the findings of fact and conclusions of law for Robert Truax, roll call vote. ROLL CALL VOTE: Corrie -Yea, Tolsma -Yea, Yerrington -Yea, Morrow -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Tolsma: Mr. Mayor, I would move that we approve the decision as it is set forth in the findings of fact. It was decided the application for a variance of the lot frontage at building setback and (inaudible) for Fenway Park Subdivision No. 3 was platted and approved for Meridian City Council February 21, 1995 Page 12 Lot 3 Block 2 Fenway Park No. 3 is approved. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve the decision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: ORDINANCE#692 - ALIDJANI REZONE: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS SCHOOL PLAZA SUBDIVISION NO. 1 LOCATED IN GOVERNMENT LOT 2, NW 1/4 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, 1993 LOT 1, 2 AND 4; AND PROVIDING AN EFFECTIVE. Is there anyone from the public that would like Ordinance #692 read in its entirety? Seeing none I would entertain a motion on #692. Crookston: Mr. Mayor, we had amended findings on that, did you want to approve those first. Kingsford: I thought we had already approved those? Didn't we do that at the last meeting and then had you prepare the ordinance? That was approved at the last meeting, $50.00 fine on the attorney. Crookston: I know that we did make changes in the findings as a result of Helen Alidjani's statements. There have been new findings prepared which I have given to the City. I think it would be appropriate to approve those findings. Kingsford: I don't think anyone has received those, I have not seen them. Crookston: I can go ahead and prepare the ordinance but I would like to have those findings approved next meeting. Kingsford: We have the ordinance right here that I just read Counselor, another $50.00. Counselor we approved also in the minutes last time the change in the findings of fact changing the name of the applicant from John Thom to Helen Alidiani. Crookston: There were other changes based upon what Mrs. Alidjani stated at the hearing on February 7th. ~ ~ MERIDIAN CITY COUNCIL MEETING: FEBRUARY 21.1995 APPLICANT: ROBERT TRUAX ITEM NUMBER; 5 REQUEST; 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: COMMENTS FINDINGS OF FACT AND CONCLUSfONS OF LAW ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ~1 ~ ~~~` ~~Q o~~ ~ ~ PPr • • C~Op~ BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF ROBERT TRUA]t FOR A VARIANCE TO THE LOT FRONTAGE AT BUILDING SETBACK WITHIN A CUL-DE-SAC FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for hearing on February 7, 1995, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, Robert Truax appearing, and the City Council having heard and taken oral testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for February 7, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 7, 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 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. 3. That the property is zoned R-4 Residential; that when the subdivision was platted the Zoning Ordinance, 11-2-410 A, required FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 1 • that the street frontage on cul-de-sac lots be determined at the setback line; that the minimum street frontage in the R-4 zone was 70 feet at the time; that 11-2-410 A was amended November 17, 1992, which amendment required 80 feet of frontage in the R-4 zone but allowed that street frontage on cul-de-sac lots be a minimum of 40 feet measured as a chord measurement. 4. That the Applicant has requested that he be granted a variance from the lot frontage at building setback on Lot 23 Block 2, of Fenway Park #3, and be allowed to exceed the maximum length by 22 feet of the property line setback from the front property line requirements of 70 feet on the cul-de-sac on Fenway Park #3. 5. The entire property in question is described in the subdivision application and is incorporated herein as if set forth in full. 6. That the Applicant owns the property. 7. That the Applicant testified that the house was three- fourths completed when it was discovered that the architect who drew the plan placed the house in the present City setback rather than the setback when the subdivision was approved; that the Meridian Building Department approved the plan; that the initial foundation inspection was approved; that the Applicant began building; that it was after the house was one-fourth from completion that it was discovered that the Applicant was in violation of the frontage setback ordinance in effect at the time the subdivision was approved. 8. That Gary Smith, Meridian City Engineer, testified that FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 2 • he went out with the building inspector and the Applicant to the lot at Fenway Park #3; that the subdivision was platted under the old ordinance that required a 70 foot frontage at building setback; that the building as it is located on the cul-de-sac lot; that it meets the present ordinance of having a 40 foot chord measurement on the curve; that the architect placed the house on the lot, drew the 70 foot frontage line on the site plan but then placed the house right over it, but that the building does meet the present ordinance requirements. 9. That no person appeared at the hearing objecting to the variance application, and no other testimony was taken. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the 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 FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 3 • proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That it is concluded that street frontage of a house is a physical feature over which the Applicant had control since he is the builder of the home; however, the violation of the set back requirement was made by the architect of the house and not the builder, the Applicant. 6 . That the three ( 3 ) remaining undeveloped lots on the cul- de-sac be looked at closely to make sure they comply with the frontage setback ordinance. 7. 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. 8. 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 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: FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 4 • • 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 Idaho Code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. 9. That there does appear to be a specific benefit or profit, economic gain or convenience to the Applicant since if the variance is not granted the house would be required to be moved which would require it to be demolished and construction started over, but it was not the Applicant that created the ordinance violation; that the ordinance has been changed since the subdivision plat was approved and the house setback now meets the City's current set back requirements; that it would be in the best interest of the City to grant the variance. 10. That regarding Section 11-9-612 A. 2. it is specifically concluded as follows: a. That there are special circumstances or conditions affecting the property such that the strict application of the provisions of the cul-de-sac street Ordinance in FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 5 ~ • effect at the time of the subdivision plat approval would clearly be unreasonable. b. That strict compliance with the requirements of the cul- de-sac street Ordinance in effect at the time of the subdivision plat approval would result in extraordinary hardship to the applicant as a result of factors not self-inflicted. c. That the granting of a variance would not be detrimental 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 cul-de-sac Subdivision and Development Ordinance or the Meridian Comprehensive Plan. 11. That it is concluded the Application for a variance should be approved and that the other three lots in this cul-de-sac be looked at quite closely to make sure that they do comply with the setback ordinance in effect at the time the subdivision was platted and approved. 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 CORRIE VOTED COUNCILMAN TOLSMA VOTED COUNCILMAN YERRINGTON VOTED COUNCILMAN MORROW VOTED MAYOR KINGSFORD (TIE BREAICER) VOTED FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 6 C~ DECISION • That it is decided the Application for a variance of the lot frontage at building setback in effect at the time Fenway Park Subdivision No. 3 was platted and approved for Lot 3 Block 2, Fenway Park #3, is approved. APPROVED: ~~'/ DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 7 • • Meridian City Council February 7, 1995 Page 33 on your comment. Crookston: I don't specifically recall the Planning and Zoning meeting, but this indicates that only Sherry Rock testimony was addressed. Kingsford: Was that testimony different than what we heard is the issue is it not? Crookston: She stated the same thing basically that she stated before Planning and Zoning. The other concerns are very similar to what she stated, I don't think it is necessarily appropriate, it may be appropriate but it is not mandatory that you change the findings. Kingsford: Well, what is your recommendation? Crookston: I would recommend that we amend the findings to add testimony that was stated. Kingsford: But would you say that if you weren't getting however many dollars an hour? Crookston: Well I would say it more willingly if I got a substantial increase. Morrow: So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to have the City Attorney prepare amended findings and conclusions, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Those will then be considered at the next meeting, they will incorporate the testimony that was given additional this evening. I guess lighting was an issue and there were some other points, those will be considered then by the Council at the next meeting and if adopted they will be made public to everyone with interest. Thank you much. ITEM #15: PUBLIC HEARING: REQUEST FOR A VARIANCE TO THE LOT FRONTAGE AT BUILDING SETBACK BY ROBERT TRUAX: Kingsford: At this time I will open the public hearing and invite Mr. Truax or his designee to speak first. • • Meridian City Council February 7, 1995 Page 34 Robert Truax, 12058 W. Stillwater, Boise, was sworn by the City Attorney. Truax: As it says here I am requesting a variance for the lot frontage at building setback on a lot in Fenway Park. Kingsford: This is a flag lot as I recall the issue. Truax: No it is not. Kingsford: The chord wasn't at the setback at the chord, is that the one or am I off on a different tangent? Truax: This is on a culdesac, a pie shaped lot and it has a setback line that runs between the property line somewhat parallel to the street that needs to be a distance of 70 feet. Morrow. What are the issues? What has created the situation here? Truax: What created the situation in the first place was the architect that I used drew up the plan and placed the house in the normal city setback which in this case is not the case. We submitted the plan to the Meridian Building Department it was approved, it got by him, we put our foundation down and we called for an initial inspection, a foundation inspection. Came out and it was approved, we continued on building the house, I went to get a loan, a construction loan on the house to pay off the lot obviously and cover the construction bills, Stewart Title came out and said that we were in violation of that ordinance, setback ordinance. Morrow: So the house is already under construction? Truax: The house is almost done. It was 3/4 completed prior to this being brought up. Morrow: And good relationship with Mr. Huchstep? Truax: Not particularly no. Kingsford: Do you know Mr. Spencer, we can maybe fix you up with somebody that will move it. Truax: For what it is worth we do meet and exceed the standard setback requirements in the City of Meridian. In this special circumstance of course we are applying for a variance because we do not meet the minimum setback in this particular culdesac. And it involves I believe 4 or 5 lots. It has a special set back situation. It doesn't seem to affect the • • Meridian City Council February 7, 1995 Page 35 neighborhood in any way. It doesn't show up as being out of place or out of ordinary. All other setbacks we have met side yards and back yard. I believe I went out and measured and we are approximately 22 feet from the property line setback from the front property line as it sits right now. Morrow. You referenced 4 other lots. Truax: It is in a culdesac and they all have this, (inaudible) they all have this similar situation. Morrow: And they have been built on? Truax: They have not. Kingsford: There is a map here in your packet that shows where it sits and the subdivision map is the one before that. Berg: This is in your transmittal, not in your comment packet. Morrow: So at any rate Mr. Truax have places been built on these other 4 lots? Truax: At the moment I am the only home in the culdesac being built. Morrow: Thank you. Kingsford: Any other questions for Mr. Truax? Anyone else from the public that would like to offer testimony on this issue? Seeing none I will close that public hearing. Morrow: Can we have some comments from Mr. Smith please? Kingsford: You can if you want. Morrow: I would like, Mr. Smith, can you bring us up to speed? Smith: I went out with our Building Inspector and Mr. Truax and there is an infringement on the setback as was shown on the plat. This subdivision was platted under our old ordinance that required a 70 foot frontage at building setback, that is the reason that the special set back lines were shown on the plat. Mr. Truax is correct that the building as it is located on the lot does meet the 20 foot front yard setback required by ordinance now. Also the lot does meet our present ordinance of having a 40 foot chord on the curve. So from the standpoint of the house meeting current ordinances it does for set backs, the C~ Meridian City Council February 7, 1995 Page 36 • architect that placed the house on the lot drew the 70 foot frontage line on the site plan but then placed the house right over it. I don't know why exactly, but anyway. Kingsford: Probably a University of Idaho graduate. Smith: Gosh, I hope not, but that was one of the things that I wanted to bring up that it does meet the ordinance requirements. Morrow. A question of you, obviously if it meets the current ordinance requirements and if the variance is granted it should not in the sake of subdivision uniformity should not the other lots be granted the same leeway? I guess what I am asking here is if we are going to have this one setting way up and the others comply with what is done they are going to set way back. Kingsford: I think if you look at that (inaudible) it is not going to be all that noticeable. A corner sits up and violates all of that and I think when you are in that culdesac you are really not going to see that and it is not going to encroach on somebody else's view. Now if it does I think we should certainly be open to review of that to those other builders in there. And I would say that our Building Inspector probably erred and he didn't catch it, it is an issue that he measured on our current ordinance and didn't look at which he should have this particular subdivision plat. Smith: Mr. Mayor, I think that on the other 3 lots they will be looked at quite closely to make sure that they do comply with this. I think the only thing that should be brought out is the other 3 lots are a little deeper than the one that Mr. Truax built on. I think there is more room to located the building envelope on the lot within the set back line and not have the problem perhaps that this particular house had. Kingsford: Other questions of the Council? Did you want to ask the attorney anything? Crookston: I am prepared to answer any. Morrow. He went to the same school as the architect, I know what those answer are. Crookston: Do you want to hear the fight song? Kingsford: Not particularly. Is there a motion? Morrow. Mr. Mayor, 1 would move that we approve the variance on lot frontage at building setback for Mr. Truax. • • Meridian City Council February 7, 1995 Page 37 Tolsma: Second Kingsford: I think we need findings. I would entertain a motion to withdraw the second. Tolsma: I withdraw the second. Morrow. I withdraw the motion. Mr. Mayor, would you instruct the City Attorney please as a U of I graduate to prepare findings of fact better than his classmate prepared the blueprints. Tolsma: Second Kingsford: Moved by Walt, second by Ron to have the City Attorney prepare findings of fact acid conclusions of law on the variance request for Truax Construction, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: We will have those at the next meeting. (Inaudible) Kingsford: Will it be done before the next meeting, the 21st? (Inaudible) Kingsford: I don't think there is any question Mr. Truax about all of that, I think the issue becomes now to what we can legally do and that was your original question. Given Counselor that there was no testimony against can the Council not approve of that variance subject to those findings? How can Mr. Truax deal with his approaching closing prior to the next meeting. Crookston: Well, I would have to know where he went to school first? (Inaudible) Kingsford: Well, that is going to change the vote a little bit then. Crookston: I think that under these circumstances it would be appropriate to grant the variance but you are still going to have adopt findings that will reflect the Council's decision granted. Meridian City Council February 7, 1995 Page 38 Kingsford: Now if he had said he had 2 sons at Boise State where they ought to have been what would your opinion have been? Crookston: It would have been about 2 months away, not true. Kingsford: I entertain a motion then to that effect. Morrow: Do you want me to resurrect my original motion? Kingsford: We still have to have the findings prepared, we go with that, but 1 would entertain a motion to approve the variance and that will be finalized upon the approval of the findings of fact. To approve the variance but it would be finalized conditioned upon the approval of the findings. Tolsma: So moved (Inaudible) Kingsford: I think that once this motion may have been passed, and I am assuming here, that then the variance has been granted. We have to do a house keeping matter with regard to the adoption of the findings. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve of the variance request of Robert Truax on the set back, all those in favor? Opposed? MOTION CARRIED: All Yea Morrow. Point of clarification, I think the answer of your question may very lie with your banker and the title company. Kingsford: I think that barring your need otherwise, probably our minutes will be prepared within the next this week, if that meets with your approval you can get a copy of those. If you need that faster we may be able to get the secretary to draw those minutes up for you. ITEM #16: IDA-TRAN: REQUEST FOR A TEMPORARY OFFICE BUILDING AT 1450 N. HICKORY AVENUE: Kingsford: Is there a representative from Ida-Tran? • • MERIDIAN CITY COUNCIL MEETING: FEBRUARY. 7.1995 APPLICANT: ROBERT TRUAX ITEM NUMBER; 15 REQUEST; REQUEST FOR A VARIANCE TO THE LOT FRONTAGE AT BUILDING SETBACK AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION; SEE ATTACHED COMMENTS ~ c~ SETTLERS IRRIGATION: ; ~ Q J ' (~ ~~ IDAHO POWER: ~ ~v C t US WEST: ~ ~ ~U Q ~1 INTERMOUNTAIN GAS: ~ ~ (~ t j~ BUREAU OF RECLAMATION: ~ G " OTHER: I h U~ ~ ~I l" ~V a~ • ~ ' HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk S i CITY OF MERIDIAN MAX YERRINGTON ROBERT D. CORRIE P.E. City Eng neer GARY D. SM TH WALT W. MORROW BRUCE D. STUART, Water Works Supt. N T HAWCROFT W W s 33 EAST IDAHO SHARI STILES , JOH . S aste ater t,pt. Planner s Zoning Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887813 Chairman -Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERH)IAN 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: January 31, 1995 TRANSMITTAL DATE: 1/20/95 HEARING DATE: 2/7/95 REQUEST: Variance request BY: Robert Truax LOCATION OF PROPERTY OR PROJECT: Lot 23, Block 2 of Fenway Park No. 3 JIM JOHNSON, P2 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 REC~I~~ SETTLERSRRR GATION DIS~RICT TRICT ,1pN 2 3 ~5~5 IDAHO POWER CO.(PRELIM & FINAL PLAT)C',~. ~ Ur Nltnl~iAl'~ U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8t FINAL PLAT) CITY FILES /~~ ~ , ~~ OTHER: YOUR CONCISE REMARKS: ~Li r S (,~~ i GL /VO ~F~~2 L ~~'~` /~rJ ~~E -2 • CENTRAL •• DISTRICT HEALTH DEPARTMENT Rezone # REVIEW SHEET Environmental Health Division ;~;,.`tv,.;!'~_::. • ~ ~.~~Return to: F~ fu ~ 2 1-)~~ ^ Eagle ~~~~' ~~ ~"~%~~i,~iit'lP~ ^ Garden city Conditional Use # Preliminary /Final /Short Plat ~~'leridian ^ Kuna ^ Acz / ~c/~ G~l //,f /O~/ No.~ ^ 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 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. 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. ~F~~~ /(/D 08/EC77~/,f Date: ~ l C3 ~ /~~ Reviewed By: r fDHD 10/91 rcb, rev. II/93 jll R OFFICIALS WILLIAM G. BERG, JR., Cily 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. KENNY W. BOWERS, Fire 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) 8884433 • FAX (208) 887.4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES n 1 ? i~ner 8 Zoning Administrator L,:._._'~: t -~ JIM JOHNSON Chairman ~ Planning 8 Zoning fA J "' ''~ ~.I ~ a~-:. ~. F ... '~ I~i':.~:PyiiC.s: t~s'.~;. i~ 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: January 31, 1995 TRANSMITTAL DATE: 1/20/95 HEARING DATE: 2/7/95 REQUEST: Variance request BY: Robert Truax LOCATION OF PROPERTY OR PROJECT: Lot 23, Block 2 of Fenway Park No. 3 JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P2 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 ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: Nampa & Meridian Irrigation )istrict has no comment on the variance request by :obert Truax. FE3 0 2 1~~a • • HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA l I JANICE L. GASS, City Treasurer , T CITY OF MERIDIAN CORRIE ROBERT D. Engineer H, P E. Ci y GARY D. SM WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, waste water supt. Planner 8 Zoning Administrator KENNY W. BOWERS, Fire Chief IDAHO 83642 MERIDIAN W.L. "BILL" GORDON, Police Chief , Phone (208) 888--0433 • FAX (208) 887-4813 JIM JOHNSON Chairman -Planning & Zoning WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TO: FACSIMILE COVER SHEET FAX NUMBER: 336 -` 038 DATE: 2 _ S' 9S DELIVER TO: ~~1~ ~~s~r2~~l~ TITLE/DEPARTMENT: ~/~Q ~ ~ T ~¢-`~ S2 °Z 9 ADDRESS: ~~ew~t T t~ CONFIDENTIAL: YES NO ~o'~' ~~'cc. aX TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): b FROM: CITY OF MERIDIAN - FAX NUMBER (208) 887-4813 NAME: ~~ l~ TITLE/DEPARTMENT: COMMENTS: PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY. (208) 888-4433 • Meridian City Council February 7, 1995 ITEM #15: PUBLIC HEARING: REQUEST FOR A VARIANCE TO THE LOT FRONTAGE AT BUILDING SETBACK BY ROBERT TRUAX: Kingsford: At this time I will open the public hearing and invite Mr. Truax or his designee to speak first. Robert Truax, 12058 W. Stillwater, Boise, was sworn by the City Attorney. Tnaax: As it says here I am requesting a variance for the lot frontage at building setback on a lot in Fenway Park. Kingsford: This is a flag lot as I recall the issue. Truax: No it is not. Kingsford: The chord wasn't at the setback at the chord, is that the one or am I off on a different tangent? Truax: This is on a culdesac, a pie shaped lot and it has a setback line that runs between the property line somewhat parallel to the street that needs to be a distance of 70 feet. Morrow: What are the issues? What has created the situation here? Truax: What created the situation in the first place was the architect that 1 used drew up the plan and placed the house in the normal city setback which in this case is not the case. We submitted the plan to the Meridian Building Department it was approved, it got by him, we put our foundation down and we called for an initial inspection, a foundation inspection. Came out and it was approved, we continued on building the house, I went to get a loan, a construction loan on the house to pay off the lot obviously and cover the construction bills, Stewart Title came out and said that we were in violation of that ordinance, setback ordinance. Morrow: So the house is already under construction? Truax: The house is almost done. It was 3/4 completed prior to this being brought up. Morrow. And good relationship with Mr. Huchstep? Truax: Not particularly no. Kingsford: Do you know Mr. Spencer, we can maybe fix you up with somebody that will C~ J Meridian City Council February 7, 1995 move it. • Truax: For what it is worth we do meet and exceed the standard setback requirements in the City of Meridian. 1n this special circumstance of course we are applying for a variance because we do not meet the minimum setback in this particular culdesac. And it involves I believe 4 or 5 lots. It has a special set back situation. It doesn't seem to affect the neighborhood in any way. It doesn't show up as being out of place or out of ordinary. All other setbacks we have met side yards and back yard. I believe I went out and measured and we are approximately 22 feet from the property line setback from the front property line as it sits right now. Morrow: You referenced 4 other lots. Truax: It is in a culdesac and they all have this, (inaudible) they all have this similar situation. Morrow: And they have been built on? Truax: They have not. Kingsford: There is a map here in your packet that shows where it sits and the subdivision map is the one before that. Berg: This is in your transmittal, not in your comment packet. Morrow. So at any rate Mr. Truax have places been built on these other 4 lots? Truax: At the moment I am the only home in the culdesac being built. Morrow: Thank you. Kingsford: Any other questions for Mr. Truax? Anyone else from the public that would like to offer testimony on this issue? Seeing none I will close that public hearing. Morrow: Can we have some comments from Mr. Smith please? Kingsford: You can if you want. Morrow. I would like, Mr. Smith, can you bring us up to speed? Smith: I went out with our Building Inspector and Mr. Truax and there is an infringement • • Meridian City Council February 7, 1995 on the setback as was shown on the plat. This subdivision was platted under our old ordinance that required a 70 foot frontage at building setback, that is the reason that the special set back lines were shown on the plat. Mr. Truax is correct that the building as it is located on the lot does meet the 20 foot front yard setback required by ordinance now. Also the lot does meet our present ordinance of having a 40 foot chord on the curve. So from the standpoint of the house meeting current ordinances it does for set backs, the archi#ect that placed the house on the lot drew the 70 foot frontage line on the site plan but then placed the house right over it. I don't know why exactly, but anyway. Kingsford: Probably a University of Idaho graduate. Smith: Gosh, I hope not, but that was one of the things that I wanted to bring up that it does meet the ordinance requirements. Morrow. A question of you, obviously if it meets the current ordinance requirements and if the variance is granted it should not in the sake of subdivision uniformity should not the other lots be granted the same leeway? I guess what I am asking here is if we are going to have this one setting way up and the others comply with what is done they are going to set way back. Kingsford: I think if you look at that (inaudible) it is not going to be all that noticeable. A corner sits up and violates all of that and I think when you are in that culdesac you are really not going to see that and it is not going to encroach on somebody else's view. Now if it does I think we should certainly be open to review of that to those other builders in there. And I would say that our Building Inspector probably erred and he didn't catch it, it is an issue that he measured on our current ordinance and didn't look at which he should have this particular subdivision plat. Smith: Mr. Mayor, I think that on the other 3 lots they wilt be looked at quite closely to make sure that they do comply with this. I think the only thing that should be brought out is the other 3 lots are a little deeper than the one that Mr. Truax built on. I think there is more room to located the building envelope on the lot within the set back line and not have the problem perhaps that this particular house had. Kingsford: Other questions of the Council? Did you want to ask the attorney anything? Crookston: I am prepared to answer any. Morrow. He went to the same school as the architect, I know what those answer are. Crookston: Do you want to hear the fight song? • • Meridian City Council February 7, 1995 Kingsford: Not particularly. Is there a motion? Morrow. Mr. Mayor, I would move that we approve the variance on lot frontage at building setback for Mr. Truax. Tolsma: Second Kingsford: I think we need findings. I would entertain a motion to withdraw the second. Tolsma: I withdraw the second. Morrow. I withdraw the motion. Mr. Mayor, would you instruct the City Attorney please as a U of I graduate to prepare findings of fact better than his classmate prepared the blueprints. Tolsma: Second Kingsford: Moved by Walt, second by Ron to have the City Attorney prepare findings of fact and conclusions of law on the variance request for Truax Construction, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: We will have those at the next meeting. (Inaudible) Kingsford: Will it be done before the next meeting, the 21st? (Inaudible) Kingsford: I don't think there is any question Mr. Truax about all of that, I think the issue becomes now to what we can legally do and that was your original question. Given Counselor that there was no testimony against can the Council not approve of that variance subject to those findings? How can Mr. Truax deal with his approaching closing prior to the next meeting. Crookston: Well, I would have to know where he went to school first? (Inaudible) C~ Meridian City Council February 7, 1995 • Kingsford: Well, that is going to change the vote a little bit then. Crookston: 1 think that under these circumstances it would be appropriate to grant the variance but you are still going to have adopt findings that will reflect the Council's decision granted. Kingsford: Now if he had said he had 2 sons at Boise State where they ought to have been what would your opinion have been? Crookston: It would have been about 2 months away, not true. Kingsford: t entertain a motion then to that effect. Morrow. Do you want me to resurrect my original motion? Kingsford: We still have to have the findings prepared, we go with that, but I would entertain a motion to approve the variance and that will be finalized upon the approval of the findings of fact. To approve the variance but it would be finalized conditioned upon the approval of the findings. Tolsma: So moved (Inaudible) Kingsford: I think that once this motion may have been passed, and 1 am assuming here, that then the variance has been granted. We have to do a house keeping matter with regard to the adoption of the findings. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve of the variance request of Robert Truax on the set back, alt those in favor? Opposed? MOTION CARRIED: All Yea Morrow: Point of clarification, I think the answer of your question may very lie with your banker and the title company. Kingsford: I think that barring your need otherwise, probably our minutes will be prepared within the next this week, if that meets with your approval you can get a copy of those. If you need that faster we may be able to get the secretary to draw those minutes up for you.