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HomeMy WebLinkAboutLDS Church VARHUB OF TREASURE VALLEY N,lILLIAM G. BERG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY ®F MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivecs License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY 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: March 11. 1997 TRANSMITTAL DATE: 2126/97 HEARING DATE: 3/18/97 REQUEST: Variance reQUest for reduction of set back LOC~TT01~6 PROPERTY OR PROJECT: 1560 N. Ten Mile (Ten Mile and Cherry lane) JIM JOHNSON, P2 MALCOLM MACCOY, P/Z JIM SHEARER, P2 GREG OSLUND, P2 KEITH BORUP, P2 ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, 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 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ 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: ~IJ s ~ ~f~G t ~ - L~ ~- o~ eel` Phone: 3 ¢2 - Z7 3 ~' (Owner or holder of valid option) ~f1-RT~ ~'~.-~se.,,~ ADDRESS: ~s~ b h~. ~'~ ~r ~ ! ~~~. GENERAL LOCATION: T'f~ `v-, ~ ~`e ` C ~;~{/L~ ~f ~-.'9~~ LEGAL DESCRIPTION OF PROPERTY: S~~~S3I r ~ -~ -' T31~-R~~-~~ ~- PROOF bF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: ~ ~- VICINITY SKETCH: A vicinity map andlor 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 pafcel(s) proposed for a variance must be attached. ('This information is available from the County Assessor.) DESCRIPTION OF PROPOSED VARIANCE: ~~.t~ r~ c.~i.c,:w ~' r2e a.. ~ rP ~ SIGNATURE: CITY COUNCII. RECORDS Date Received - `SiMM~S 3 4-5=6 ~~ (iity Council Hearine Date Received by February 11, 1997 Mr. Dean Ehlert Meridian Planning & Zoning 33 E. Idaho Meridian, Idaho 83642 Re: LDS -Ten Mile & Cherry Lane -Addition LCA N~ 96045.01 4 d Dear Dean: Attached please find an application for a setback variance for an addition to an existing church located at 1560 N. Ten Mile which is currently zoned R-4.. This request is at the suggestion of the City Council during a previous, hearing when we asked for direction on how to proceed on this project. The additional 1200 sq. ft. will be added on the west end of the building and will partially encroach approximately 5'-0" into the setback due to the additional right-of--way that ACRD obtained previously. I do not feel this addition will impact Ten Mile, and as discussed at our City Council Meeting, the Church would grant the remaining right-of--way to the south if required by the Highway District. I have included a list of addresses of all property owners located within 300'-0" of the referenced property as required. According to the Zoning Schedule, the front setback along Ten Mil is 30'-0" for arterial and collector streets, which we would like to have reduced to 25'-0" The original Church design was internally programmed for expansion for future Bishop's Office along the west end of the facility. With the addition of these offices and the expansion of the adjacent meeting rooms, overcrowding will be reduced at this and other facilities. The existing setback which partially jogs has not been used by A.C.H.D. to date for a taper, and therefore a 25'-0" setback should not compromise public safety now or at a later date. The 30'0" required setback is certainly proper for residential property by does adversely impact the Church due to its limited expansion capabilities in regards to internal operation efficiencies. I also feel that the commercial complex across Ten Mile would not be impacted by the reduction of the 30'-0" setback to 25'-0". LOMBARD-CONRAD, ARCHITECTS, P.A. • 1221 SHORELINE LANE, BOISE, IDAHO 83702-6880 • (208) 345-6677 • FAX (208) 344-9002 1119 IDAHO STREET, ELKO, NEVADA 89801 • (702) 778-9494 • FAX (702) 778-0495 19800 VILLAGE OFFICE COURT, #103, BEND, OREGON 97702 • {541) 382-9867 • FAX (541) 385-8816 Since 1972 LOMBARD-CONRAD ARCHITECTS Februa 11, 1997 ~. Mr. Dean Ehlert City of Meridian Page 2 As you are aware, this Church and the proposed addition is in a unique zoning situation (R-4); however, should not affect Meridian's existing Comprehensive Plan. We do not plan to add any additional parking, but will re-landscape the site to add more variety and color to the neighborhood. I have also included an illustration for your use. This addition would certainly allow the existing Church facility to better serve its members both physically and spiritually. Sincerely, PA Steve M. Simrrlons, AIA Associate Principal SMS/dt: 9645-O1.L04 LDS/CINDER, MERI ,. ®.. ... .... _. _ .: . ........ DIAN 12 EXPANSION TEN MILE AND CHERRY LANE LCA No. 96045.01 FILE ID: 9645-01.L04 4d February 5, 1997 Ms. Shan Stiles Meridian Planning & Zoning 33 E. Idaho Meridian, Idaho 83642 Re: LDS -Ten Mile & Cherry Lane -Addition LCA N° 96045.01 4 d Dear Shari: Attached please find an application for a setback variance for an addition to an existing church located at 1560 N. Ten Mile. This request is at the suggestion of the City Council during a previous hearing when we asked for direction on how to proceed on this project. The additional 1200 sq. 8. will be added on the west end of the building and will encroach approximately 5'-0" into the setback due to the additional right-of--way that ACHD obtained previously. I do not feel this addition will impact Ten Mile, and as discussed at our City Council Meeting, the Church would grant the remaining right-of--way to the south if required by the Highway District. As you are aware, the proposed addition faces the new Albertsons Store and therefore will not be further impacting any surrounding neighbors. We do not plan to add any additional parking, but will re-landscape the site to add more variety and color to the facility. Please feel free to call me with any questions you may have. Sincerely, LOMBAIjd~-CON~rPIARCHITECTS, PA Steve M. Simmons, AIA Associate Principal SMS/dt: 9645-O1.L04 S LOMBARD-CONRAD, ARCHITECTS, P.A. • 1221 SHORELINE LANE, BOISE, IDAHO 83702-6880 • (208) 345-6677 • FAX (208) 344-9002 1119 IDAHO STREET, ELKO, NEVADA 89801 • (702) 778-9494 • FAX (702) 778-0495 19800 VILLAGE OFFICE COURT, #103, BEND, OREGON 97702 • (541) 382-9867 • FAX (541) 385-8816 Since 1972 '7m' ~" ~' -rD"III I_I 25' -m" ~© m a` a ~c ~ ~ oa ~ ~~~ F I M (n N ~ N 9°aa~ ~ ~ a ~ ~ a ~ e C N to UO W F- 2 V Q Q w L Q ° ~ ~ a ~ Z V `~' 0 m ~ ~ Q m ~ c ~ N °i +~ L g U .i L N a aNC 0 ~~~ i i i ~ ~ i. ~~! i i\ I r~ 1 ~~` ~ AREA OF _.i_ INFRINGEMENT i 1 _J 1 ~ EXISTING i ! Bl1ILDING ~. ~, 1~ 1~ 1~ ~~ ~~ ~a i i i ~------- ADDITION 1 3m'-m° ~_ 1 1 1 1 I' I 1 I 1 I'or Value Received Clarence W. Clauson AKA Clarence Clauson and 7_ola Clatrsnn, llushan<l and !life the grantor s, do hereby grant, bargain, sell nntl com•ey unto TIIF. C~RPORATIGN OF THE PRESIDING BISIiOP OF THF. CHURCH OF .JESUfi CHRIST OF i.ATTER UAY SAINTS the grantee ,whose current address is 336 South Third St. East Salt Lake C:Cty, Utah 84111 the following described premises, in ADA County Idaho, to-tvit: That portion of Northtaest z Section 11, T.3N, R.1!d., Boise Meridian, Ada County, Idaho, described as follows: Beginning at a point on the Sectior, line wt;ich hears South 300.00 feet from the Section corner common to Sections 2, 3, 10, and 11, T3N, P,1W., Boise Meridian, Ada County, Idaho. Thence South along said Section line 300.00 feet to a point 'thence South 89°03'40" E.st 726.].5 feet to a ste 1 pir. thence North 300.00 feet to a steel pin. Thence North 89°03'40" !lest 726.1` feet to the place of beginning. TO HAVE AND TO HOLD the said premises, 4viih their appurtarances unto the said Grantee its heirs and assigns forever. And the ~ai~l c~r•:rntor s <lo hereby covenant to and with the said Grantee ,that the) are the owners in fcc simple of said premises; that they are free froth all incumbrances Except: 1978 [axes, current years irrigation, and easements. and that they will warrant and defend the same frorn all lawful claims whatsoever. Dated : Ap r i 1 '..''• 19 ~ o i j` , ~ ! n ... Clarence !~. Clauson ' -- Zola (,lauson STATE OF IDAI10, COUIv'Tl OF Canyon On this :: G~ 4`~ day of ARFil , 19 78, before me, a notary public in and for the said State, per- sonally npp~eared..,,. "Clarence W. Clauson and ~, ,• know~t t4 me •toBe tho pcrsor S whose nnmo s arC ,. subbclitied-taSlu~-~~thin ing:rumznt, and nckn,wledFed to S'1'ATI•~ OF' lUA?30, COL'::'I'1 OF ~ _`.c~- I her~b~ certify tint this instrument ecus filed for record at tli~ request of ~hFi.('U Tl i'1_'c _~ at <~~ minutes past ~~ .o'clock ~ hI•, ;,..~ _ ') dry of t.'x>~i.~.~ 12;%.1 , in m.• vl;; r, ar.d du!y rrc,rdcd in L'o.'r. ~:f Drcds nt Yu~c "Y ASSESSOR This is a compilation of records as the rds Division *** appear in Ada County. 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T __...~-. 6...._ 3t y i. ~ ~ ~ °o~° o}^o °o °0'~9 ,yeFp 12 °oC - o.^' °o°~!~ 5 '. ? h h P ~'7 ,.7 , . .' ... .. _.. nom, .r~ ~/~ M `:°' :.. -dOi0f >~ 51211233800 ~~ :~~ LU.s ~w'~~ ~O~L•tT l7/~/2 J.,..,~, Au~x~~~ PHONE: (20~) 233-t~633 FAX: (20$) 233-4666 February 25, 2000 William G. Berg, Jr. Meridian City Clerk 33 East Idaho Street Meridian, Idaho 83642 Re: Request for connection to City services Dear Mr. Berg: REcErvED ~ ~ e z $ loot crrY o~ ~x~nr~v We appreciate your timely response to our request for connection to City water and sewer. Please accept this letter as our formal request for connection to City water and sewer services. The Owner is prepared to enter into an agreement to become annexed and zoned into the City of Meridian. We have enclosed a copy of the site plan and plumbing site plan for your review. Please do not hesitate to call if you have any questions. 1133 ~I,C ClQEElC PLACE POCATELLD, IaAHo $3201 dN{ aa E a~~~ R 1 y T x rqy ~ ~~V ~~7 4 G e _ py yJ~SS 4 $y SS y9gggg -~ ~ - i~ w 6. ~~Qd~ >YRP~ ~~~d~ 98Y~ ~tSY~ ~~[~~ W a e z C4~9 ~ i~ i' ', I g " ~ # $ ro J n & .i~ t g \. ~ ~ ~ ~~~;~ ~~ g~~ k~[ ~ ie ~ ~ ~~~~ ~ ~~~ A~ 1 i ~ ~~~~~ ~ ~.! € ~ ~~ 8g ~~ ~~ ~~ ~~~ ~~ ~3d ~g ~ ~ ~~~3~ ~~ ~~~ g ~ ~~~ ~t ~~ i~~~ ~~~ ~~~ ~~ ~~ ~~ -O 00 OOG OC~O O O 00 O ~ ~ _ - 1-(-fTTI ,, ~ ~IIIIIIIII I I Ilr~lllll ~~ ~ -. , 0 O !~ I- I--, H R~ x 9 !~ 11 G-1 x ~~ H t J 7 H ~~ i ~' j ~~ ~~_ m ~; ~~ ~~~ i. ~ W r- s ~~ W ,;~~ ~~ x~ \ ~ i 16 ' I 'I~ I !P ~ Yh~ ~ j~~~ ~ gy~ ~ 6 ~"~ ~ Q p6~ ~ ~. ~ - A 9 a a aaa ~E ~~~ ~~ ee ~ -:i I ~I ~, - h a ~ e a a ~aaa as>; 3 ! s tl~~ ~~ ~ g~~ ii ~~~~~ ~~~~! o ' r ~I ~ . s s D ~~ E _ ' 1/1 S -III' ~ ~~y ~~ ~-~ ___ 1~ ------ O GCS T 6 R G V= R C /~ D--- ~, e ~; I_ D Itt i ~ ~_ '; z g ~~ > t ~ ~ R N 1 R i i i mil ,r ~~z 1 I i i _• ~ I i~ i ~~1 ~- _ _ __`_ ~ Citr of Meridian nvo~ ce 33 East Idaho Meridian, ID 83642 Imroice Number. 91- ~~ (208)888 Date: Mar 11,1997 Fa~c (20887.4813 T0: Meridian LDS Church 1560 N. Ten Mile Road Meridian, ID 83642 Mail to (if different address): QTY. DESCRIPTION UNIT PRICE TOTAL I Legal notice of public hearing for City Council Meeting 3-18-91 57.75 51.75 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SUBTOTAL 57.75 TOTAL DUE ~ 557.75 CERTIFICATE OF ZONING COMPLIANCE* Dater n,12 '121, 1997 Owner: LDS Church Address: 1560 N. Ten ile Road Proposed Use: Church Addition Zoning: R-4* Comments: ounc' ,gra_n_ted ,pennicsion for continuance of the Church use and addition in arrordance with a variance aonroved on April 1, 1997, to allow a reduction in the setback to 25 feet A condition of the building..Rennit is that 45 feet of ri t-of-w X from the centerLr~e of Ten Mme Road be dedicated to the Ada County I-Iiehway District A recorded warranty deed is to be cuhmitt~ to the P»hlic Works Department prior to issuance of the building Hermit Shari Stiles Planning & Zoning Administrator Date:~:pri121, 1997 *Receipt of a Certificate of Zoning Compliance does not indicate compliance with requirements of other departments/agencies, including, but not limited to, Ada County Highway District, Central District Health Department, Nampa-Meridian Irrigation District, Meridian Sewer, Water, Building or Fire Departments, etc. { MERIDIAN CITY COUNCIL MEETING: Aaril 1,1997 APPLICANT: MERIDIAN LDS CHURCH ITEM NUMBER; 5 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST TO REDUCE THE SETBACK 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 OTHER: All Materials presented at public meetings shall become property of the City of Meridian. . BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF LDS CHi1RCH - AREA OFFICE FOR A VARIANCE TO FRONT 8Ei-SACR RE UIREMENT AT 1560 NORTH TEN MILE ROAD FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for hearing on March 18, 1997, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, Steve Simmons 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 March 18, 1997, the first. publication of which was fifteen (15 ) days prior to said hearing; that the natter was duly considered at the March 18, 1997, 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, which at this time. does not allow churches, but that is not the concern in the Application; the concern is that under 11-2-410 A, thirty ( 30 ) feet FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 1 is required for a front building set-back and twenty-five ( 25 ) feet for local streets; the property fronts on Ten Mile Road which is a collector street at this time, and the required front set-back for the church property is therefore thirty (30) feet. 4. That the Applicant has requested that it be granted a variance from the required front set-back requirement of thirty (30 ) feet and be allowed to only have a twenty-five ( 25 ) front set- back. 5. The entire property in question is described in the Application and is incorporated herein as if set forth in full. 6. That the Applicant owns the property. 7. That the Applicant testified that they have submitted for the variance, a 5 foot infringesJent into the required 30 foot setback on the west side of the property fronting Albertson's directly to the west and Ten Mile. We haven't received any negative comments from staff or any of the other utilities in their review and basically are just waiting for a decision. Our violation is only a small portion of the building because of the additional right of granted to ACRD back when the building was originally built. There was discussion between Mr. Simmons, the Mayor and Councilmen, City Engineer, Gary Smith, and Wayne Crookston, City Attorney, regarding the width of 'fen Mile Road and if there would be sufficient set-back if the Road. was widened; there was comment by Mr. Simmons, that the original width was requested or right of way was requested to allow for that flaring of that intersection. FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 2 We don't know when that is going to happen and our original letter to the Council we had also stated that the church would be willing to grant the additional five feet if required on the south side of the property. We haven't heard of a tine frame as to when that is going to happen or even if it will happen. Mr. Morrow stated that that is a section line road, the right of way will be a. 90 foot right of way. The cross section of asphalt ultimately could be the same as Cherry Lane. Mr. Crookston stated that as he understood it they have a 30 foot required setback now and what they are asking for is a variance of 5 feet for this portion and they would then have a setback of 25 feet and Mr. Morrow stated the new setback would be 25 feet; that is correct. Mr. Morrow also stated that it was his presumption that ACRD had bought the right of way for a 90 foot right of way for the portion across the front of, not only the LDS church but the Reynolds property, and there is another little church to the south,. Stonehouse. The question would be is, "Does the five foot right of way that ACRD acquired complete the 90 foot section, 45 feet on your side of center line which is the maxianum right of way for that section line roads?" Mr. Simmons responded that that is the reason we are asking for the variance. We are five feet into the west setback on the top or I guess it would be the 3rd of the building to the north side which that illustration shows. So otherwise we wouldn't be asking for the variance. So you are correct Mr. Crookston that it would be a 25 foot setback. Gary Smith stated that according to the bid plans on the FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 3 Cherry Lane remodel project the highway show 45 foot of property on the Reynolds but it jogs back to 40 feet in front of the church according to the plans of the reconstruction project. It means there is not 45 feet of right of way existing in front of the church. Mr. Simmons responded that it was his understanding that the additional right of way, where you see the jog, that is where the additional right of way was added and requested to allow for the intersection expansion if it ever happened. City Staff, at our first meeting on November 6, recommended that we touch base with ACHD and in fact we would agree that if they need the additional right-of-way along the west side of the property we will work with them and provide .that if they really want that. The owner did not have a concern with that. So we don't have a problem if that is a condition. 8. That no person appeared at the hearing objecting to the variance application, and no other testimony was taken. CONCLUSIONS OF LAW 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. FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 4 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Coautissioa, 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: 11-9-612 A. 1. PURPOSE The Council., as a result of unique circumstances (such as topographic - physical limitations or a planned unit development), may grant variances from. the provisions of this Ordinance on a finding that undue hardship results from the strict compliance with specific provisions or requirements of the Ordinance or that application of such provision or requirement is impracticable. 6. That the specific requirements. regarding a variance that must be evidenced and found by the City Council are as follows: 11-9-612 A. 2., FINDIN~3S No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 5 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. 7 . That t ear to be a ~ e~Lf ~ ~ _b~~f~ t :~ the A~plican~ v~hielr--Hsu-ltd-regt~-i-~e--it- ~ -~~-c~emQiss~he~-anZ3- over,. -but -~ i~ -week..~not- _.the~~..Apg~i~t;-thatr---created_ ' ¢ivation;. __.tfrat_._ -tiie---- ordtrt~rraa-- - has- __ L~~r_, _~ha~ed- subdi`t~son "p~a't~was-•~pprcvs~~ Cit~r's current~sEet_back ~ it would be in the best interest of the City to grant the variance. 8. 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 30 feet front street set-back requirement on a collector street would not be clearly be unreasonable, but ACRD had the opportunity to require that much of a set-back when it reconstructed a portion of the Ten Mile Road at the time it reconstructed Cherry Lane Road, but it did not require the 30 foot set-back at that time. FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 6 b. That strict compliance with the requirements of the set- . back requirements in effect at the time of the reconstruction of Ten. Mile Road would result in extraordinary hardship to the Applicant as a result of factors not self-inflicted and if that much of a set back was required by ACRD it could have asserted that at the time that it widened that portion of Ten Mile Road. 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 front set-back requirement, as required by the Zoning Ordinance. 9. That it is concluded the Application for a variance should be 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 MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) DECISION VOTED VOTED VOTED VOTED VOTED That it is decided the Application for a variance of 30 foot set-back on Ten Mile Road in effect is approved, but the Applicant shall allow a 25 foot set-back on Ten Mile Road and the front set- back shall be that distance APPROVED: DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OP LAW - Page 7 t MERIDIAN CITY COUNCIL MEETING: March 18.1997 APPLICANT: MERIDIAN LDS CHURCH ITEM NUMBER; 5 REQUEST: PUBLIC HEARING: REQUEST FOR A VARIANCE TO REDUCE SETBACK 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: "REVIEWED" COMMENTS SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS . SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the Crty of Meridian. WILLIAM G. BERG, JR., City Clerk JA~JICE L. LASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chlef W.L. "BILL" GORDON, Pollee Chlef WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VAIdJEY A Good Place to Live CITY ®F MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAX (208) 887-+ff13 Public WorksBuilding Depa~ment (208} 887-221 I Motor Vehicle/Drivets License (208) 8r8-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY 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 Glerk by: March 11. 1997 TRANSMITTAL DATE: 2/26/97 HEARING DATE: 3/18197 REQUEST:- Variance request for reduction of set back BY: Meridian LDS Church LOCATION OF PROPERTY OR PROJECT:- 1560 I-L Ten Mile (Ten Mile and Cherrv lapel JIM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P2 GREG OSLUND, P2 KEITH BORUP, P2 ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, 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 NANtPAIIAERID1~rN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELMA 8 FINAL PLAT) INTERMDUNTA~f GASP ELIM & FINAL PLAT) BUREAU OF RECLAMA R LIM 8 FINAL P T) CITY FILES ~ OTHER: YOUR CONCISE R FEB 2 8 199r CITY ~F ~tERII~IAI~ WILLIAM. G; BERG, JR., City Cleric JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Pollce Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY ~F MEIaIDIAN 33 EAST IDAHO MERIDIAN,1DiAH0 83642 (208) 888-4433 • lFA~ (208) 887-4813 Public WorksBuilding Dep~nxat (208) 887-2211 Motor Vehicle/DrivrtsLicrose (208) 888-4443 ROBERT D. CORRIE May~ar COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY 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 yoir comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 11. 1997 TRANSMITTAL DATE: 2/26/97 HEARING DATE: 3/18/97 REQUEST: Variance request for reduction of set back BY: Meridian LDS Church LOCATION OF PROPERTY OR PROJECT: 1560 N. Ten Mile (Ten Mile and Chem lapel JIM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P2 GREG OSLUND, P2 KEITH BORUP, P2 ROBERT CORRIE, MAYOR RONALD TOLSMA, CIC CHARLIE ROUNTREE, C!C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDfAN SCHOOL DISTRICT MERIDPAN POST OFFICE(PRELIM & FINAL PLAT1 ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NANPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERk40UNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FEES OTHER: 01 ~ ~o ~ R `7 YOUR CONCISE: REMARKS: CENTRAL ~~~ DISTRICT ~1'HEALTH DEPARTMENT Rezone # Conditional Use # CENTRAL DISTRICT HEAL~'H DEPARTMENT Environmental Health Division Preliminary /Final /Short Plat I. 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 sew~e 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 ane submitted, we can approve this proposal for: ^ central sewage ^ community sewa;e 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 sewaoe system ^ community water ^ sewage dry lines ^ central water ^ 10. ^ I I. ^ 12. ^ 13. Street Runoff is not to create a mosquito breeding problem. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sevrage 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 a< spas ^ child care center ^ beverage establishment ^ grocery store ^ 15 Date: `~ / 3 I q . ~ Reviewed By:~ Review Sheet CDHD 10/91 rc6, rev. I/95 Return to: ^ Boise ^ Eagle ^ Garden city Meridian ^ Kuna ^ ACZ WiLLIAI~A G: BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P 8 Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREAS[IRE VALLEY A Good Place to Live WALT W. MORROW, President CITY OF N.IE N RONALD R. TOLSMA lr,~ CHARLES M. ROUNTREE n (~'~ fie, ENN R. BENTLEY 33 EAST IDAHO ~ I`' U U L~ MERIDIAN, IDAHO 83 P & Z COMMISSION (208) 888-4433 • FAQ (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding 1)epa<ntunt (208) 887-221' 7 JIM SHEARER Motor Vehicle/Drivecs I,iaense (208) 888-4443 GREG OSLUND ROBERT D. CDRRIE I~IAI~~ ~~ ~ ~ G: r~ 1 ~ ~ ~A I Y MALCOLM MACCOY ~ IRRIGATIG~~ DIS r ~IC~ TRANSMITTAL TO AGENCIES FOR COMlt~IENTS 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: March 11. 1997 TRANSMITTAL DATE: 2/26/97 HEARING DATE: 3/18/97 REQUEST: Variance request for reduction of set back BY: Meridian LDS Church LOCATION OF PROPERTY OR PROJECT: 1560 N. Ten Mile (Ten Mile and Cherry lane) JIM JOHNSON, P2 MERIDCAN SCHOOL DISTRICT MALCOLM MACCOY, P2 MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P2 ADA PLANNING ASSOCIATION KEITH BORUP, P2 CENTRAL DISTRICT HEALTH ROBERT CORRIE, MAYOR NAMP/i6 MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM 8 FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM ~ FINAL PLAT) GLENN BENTLEY, CIC INTERId10UNTAIN GAS(PREUM 8 FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONC~E REMARKS: POLICE DEPARTMENT CITY ATTORNEY DEAR COMMISSIONERS CITY ENGINEER CITY PLANNER THF. NAMPA & PIERIDIAN IRRIGATIO~i DISTRICT HAS NO COMMENT ON THE ABOVE REFER EN .ED APPL.TGATION. NAMPA & MERIDIAN IRRIGATION DISTRICT MERIDIAN CITY COUNCIL MEETING: December 3.1996 APPLICANT: ITEM NUMBER; 8 REQUEST: REQUEST FOR A TEMPORARY OFFICE BUILDING FOR THE LDS CHURCH 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 OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~ _ .~ (l( I( SII) 0 :~~ 0 I ~~ r' 0+ ~~ b' 0 0 ~~ ~ OO ~ ~" ., ~ ~' A ;~ , d ~ , ova ~ >./ {,v4d .'Y~S.:._....:_u.F. T~Mpar~~a.Y 5'~'Ak'E D~~IGES ti WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney TO: FROM: DATE: SUBJECT HUB OF TREASURE VALLEY A Good Place to Live CITY OF 1VIERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding DeparUnent (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor and City Cou~ncil -~ /~ Mayor Shari Stiles ~~~''"~' ~~'~~ November 1, 1996 COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY Proposed Remodel of/Addition to Existing LDS Church at Cherry Lane/Ten Mile The LDS Church is planning an expansion to their existing facility. When a building permit is to be issued, I have to verify that the building meets Ordinance requirements. The church is currently in an R-4 zone, which does not allow churches as a permitted or as a conditional use. Therefore, I asked their architect to make a request of the City Council for permission to construct the addition. Attached are reduced plans showing the proposed addition. If Council allows the addition, I would request that the Architect ensure that the additional needed right-of--way is dedicated on Ten Mile Road (a minimum of 45 feet from centerline) prior to obtaining the building permit and that setback requirements will still be met. If Council does not grant their request, the only option would be to go through the rezoning process. Thank you.