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HomeMy WebLinkAboutMallard, Charles & BrendaOFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, 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 August 8, 1997 Mr. Shawn Nickel Ada County Development Services 650 Main Street Boise, ID 83702 ROBERT D. CORRIE Mayor Re: 97-17-ZC CHARLES & BRENDA MALLARD 3235 S. Linder Road Dear Mr. Nickel: COUNCIL MEMBER WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH The Meridian City Council, in its meeting of June 3, 1997, voted to recommend approval of the lot split for the above-referenced property. The decision was made based upon the applicant's representation that the split/rezone was needed to allow construction of one new home to replace the existing mobile home on the property. The City also requests that all guidelines of the Central District Health Department and Idaho Department of Water Resources be followed. Attached is a copy of the minutes from the City Council meeting. If you have any questions, please do not hesitate to contact me. Sincerely, CITY OF MERIDIAN ~} Shari Stiles Planning & Zoning Administrator HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 /Attachment cc: Charles and Brenda Mallard P *_** ADA COUNTY ~ - ~ ---~~ DEVELOPMENT SERVICES ~~~~ 2 7 ~g97 r 9T 4 '&~- 650 Main, Boise, Idaho 83702 ~Y OF ~E~~~ 0 BUILDING DIVISION -Phone: (208) 364-2277 PLANNING & ZONING -Phone (208) 364-2277 DATE: June 26, 1997 TO: Ada County X_Asaessor X_Building Division _X_S . M. 8 . _X Weed Control X_Zoning Division/Mapping X (3.I.S. Solid Waste Mgmt./Dave Neal Utilities Idaho Power Intermountain dam U. S. Went Water Co. Other Agencies _x Ada Plamissg Ashy X_A.ir National Guard Boise Airport Director Boise Planning i Zoning Boise Public Works/Kent Brown _X Bureau of Reclamation X Soise Project Board of Control X_New York Irrigation District Drainage District Sewer District X Central District Health V. s. Soil Conserntion Dist. FROM: Shawn L. Nickel, Planner II Euse~ of Iand Mat,agaoaxt Boise Fire Department X Meridian Fire District X Meridian Cemetery X Mosquito Abatement X Ada County Highway District Idaho Transportation District X Meridian School District j_-X_ City of Meridian L / V.S. Post Offiee - Neighborhood Assn. RE: 97-17-ZC CHARLES & BRENDA MALLARD Ada County Development Services Department has received an application for a zone change from RT (Rural Transition) to Rl (Estate Residential). The property contains 5.51 acres and is located at 3235 S. Linder Rd., Meridian, Id.; Section 26, T.3N, R.1W. This application is scheduled for public hearing by the Planning and Zoning Commission on August 14, 1997 in the Les Bois Room of the Boise City Hall, 150 N. Capitol Blvd., Boise, Id. and is scheduled to begin at 7:00 p.m. Please submit your comments, on Agency Letterhead, by July 31, 1997 (make specific reference to the File No.). Anon-response shall be considered as "No Comment". ATTACHMENTS: 1. Applicant's Statement 2. Site Plan 3. Vicinity Map 4. Land Use Application i °~ ...~ /~ ~ 0 /~ /~ "'~ /~ "'~ y Charles S. and Brenda K. Mallard 3235 S. Linder Road * Meridian, ID 83642 Ada County Development Services 650 Main Boise, ID 83702 Dear Sirs, June 16, 1997 m ~ rn ~ ~ ~~ ~ ~ _m ;~ F-r ` Q -~ ~, G'~ .~ ~~ o ~~ O ~ C7 n We are requesting permission from Ada County to rezone our property from the current RT designation to a R1 designation. Attached is a letter from the Ada County Development Services dated February 19, 1997. This letter indicates that we have the right to file an application for change to R1 and that the property is eligible for a one time division exception. The letter also suggested that any zone change first be discussed with the City of Meridian, as the property is located within Meridian's impact area. On June 3, 1997 we brought this matter to the Meridian City Council Meeting and received approval from the City for rezoning from RT to R1. The Meridian City Council instructed their planning and zoning to send a letter to Ada County stating their approval of the rezone. The property is located at the southwest corner of Victory and Linder Roads, and is approximately 5.51 acres. The property address is 3235 S. Linder Road, in the NE1/4 of Section 26, T3N, R1 W. Assessor's Parcel S1226110030, currently zoned RT. Buildings on our property include our home, a barn and a temporary double-wide mobile home. There are two separate septic systems and separate utilities to each home, with one well shared by both homes. We have lived in the home since September, 1989 and my wife's parents have lived in the mobile home since December, 1990. We would like to sell approximately 1.5 to 2.5 acres with the existing home, remove the mobile home, and build a new home on the remaining acreage. In order to do this the property must be rezoned from RT to R1, which would allow us to use a one time division available to this property. The one time division would make it economically feasible to divide the property into two parcels. Listed below are our reasons for rezoning the property to a R1 designation: 1. Our family likes this area of Ada County, with the City of Meridian located nearby. Our children have attended schools in the Meridian School District for nine years and have spent most of their lives in our present home 2. The properties in this area have one, two, five, and larger acre lots. The division of our property into two parcels corresponds with the current and future development of the area. 3. The mobile home would be removed, thus there would not be an increase in the number of homes on the property. 4. The mobile home's circuit breaker exemption for property taxation would cease when the home was sold. 5. The existing home and the new home would add greater tax basis for property taxation. 6. The new home may be able to use the existing mobile home septic system (Installed 1990), depending on how the property is divided. If this were possible, only a new well would be needed on the new property. 7. All other utilities for the mobile home could be used by the new home. 8. My wife's parents will live with us, so that we can take better care of them. They both have heart and other health problems that limit what they can do. 9. In addition to health problems, they have very limited financial resources. 10. We also have limited financial resources, however by building one home, we would be able to pay the costs for utilities, insurance and maintenance. This would enable my wife's parents to be free of those burdens and thus feel more financially secure. In summary, we are requesting approval from Ada County to rezone our property from the current RT designation to R1 designation. We will be patiently waiting to hear from you, so we will know how to proceed with our plans. We know how valuable your time is and appreciate your help looking into this matter. If you need to contact us, please ca11887-2065 (Home) or 388-2648 (Work). Sincerely, C.~ 8. dno.¢.¢.a.c.~ Charles S. Mallard v ~ m m L ~ r ~ C o Z ~ ~ ~ ~-- ~ ~{ ~ !`:1 < ~t i ~ 1~.~3 ~N :...~ ~~ ,;.~~ . o a ~~~ - App, pL~;~PJI`~4 ~,,~N. JAN 0 9 1997 23~ .24 ___ .. ., .,. RI .,. ., .25 i~o~~~ . , .` '• '1 • X111' • ~' ~~ I:. . Z' '~, . • 1 RT . . ... ~~ .. `~~- . , n - R,oGE 1 ~ ~ ~ E~,SS1-1N , ~~. O ~~ ~~` ~ ~ o; ~~~ ~ R ~ ~, 3 r~ ,mss ,~, Q i "~ _.~ I 4 650 Main Street .DA COUNTY DEVELOPMENT SERVICES Boise, ID 83702 LAND USE APPLICATION (208) 364-2277 Il1YSTRUCTIONS 1. Submit detailed letter explaining application. 2. 8'/z" x 11" SCALED SITE PLAN SHOWING ALL STRUCTURES. ~ 3. 8'/x" x 11" aerial of site. (This may be obtained from the APA Mapping Division,2nd Floor, 650 Main, Bois9 F o 4. Submit 1" =300' scale zoning map. (This may be obtained from the APA Mapping Division, 2nd Floor, 650 Main, Bo (Please outline and/or highlight your property in question and indicate North on aerial and zoning maps). S. Submit evidence of proprietary int r . (This may include a Title Policy showing interest, Land Sale Contract showing interest, Recorded Warranty Deed showing interest, Option to Purchase, Leased Hold, Earnest Money Agreement.) 6. Submit proper fee. (All zoning fees of $100.00 and over require payment in either cashier's check or cash.) 7. Applications are due on or before the 1st & 3rd Monday of the month by 11:00 a.m. 8. ALL APPLICATION COPIES SHALL BE COLLATED. 9. INCOMPLETE APPLICATIONS WII.L NOT BE ACCEPTED. 10. Required Neighborhood Meetings are to be held by the applicant 14 days (minimum) .prior to public hearings. APPLICATi(lN FOR: (Check One) Appeal (Admin. or P&Z) Comprehensive Plan Amendment Conditional Use for Group Day Care Home (7-12)) Group Day Care Center (more than 12) C.U. Home Occupation Parcel Boundary Adjustment One Acre Split Planned Development Private Road ~ fin, ~~5 Rezone: From_R-~ to~~ Sign ~ Special Exception ~ L 9'P! Subdivision Plat jy ~ ~ ~j Temporary Living Quarters ~ s _ Traffic 8t Development Plan zo cn ~ Variance '~ ~ u: ? ~ C Zoning Ordinance Amendment ~~ ~ RI Zoning Certificate/Inquiry $ Other ~ ~ ~ITEE INFO MATION: (. Location: Quarter~~Section~.~Township~~Range~~ Total Acres ~ S j ~J ~ Subdivision Name: Lot Block Site Address: ~ ` ~ ~ ~ i i Existing Land Use:~~}q Zoning; R "~"" Tax Parcel Number o~ -3- OWIVF:R ~F RECORD: AA + Name: ~Ci, .~c~,I ~Gi.rGX Name•C Ct,r1(?$S, ~' ft,~~t~c.~ Address: L ~ ~ Address: City:(~'1, /' ~w Stater-Zip: City:~Wid1LLh State:~~Zip: ~3~4- Telephone:_ 4~ ~'~.- a0(,, S Telephone: Qg~~~.p(a~_ I consent to the submission of the application accompanying this statement. ~~~r~.~~ ~ rn~.~ Signature: (Owner of Record) I hereby certify that information on this form is correct to the best of my knowledge. h ~ ~ 1 n •1,. ,. ., n Signature: (Applicant) 11 FILE NO. ~~ - ~ 7 - Z,G FEE: $ ~~ ~/.~•~ PLANNER: Date Received:_ ~o - ~~e - ~ 7 grin`~_ BOCC STAFF: Zoning: Area of City Impact:` U.S.P.A.: Posted: Log ~ History. Map ~ Work in Progress ~F~- ~i#iside F1eed,Zone Stamped X-Ref. No.: ?-~F -?~ Svttih~t (Groundwater Study) R~ ~uN £ '~6.~0 t' ~ 3 Meridian City Council ` June 3, 1997 t~ Page 19 Crookston: I think that it means that: a variance would have to be requested. Stiles: Since I started this job three plus years ago, my predecessor had given me the instruction that was the way it was to be done that we allowed the one time split. We have been allowing the one time split, probably even before Wayne Forney was here maybe Gary could attest to that. Jack Niemann had written numerous letters I found in the file saying they are allowed a one time split as long as they meet the requirements of the ordinance as far as lot size and the frontage requirement we have routinely been allowing a one time split. Morrow. That was a matter of policy not of ordinance so we don't have a formal structure to do that. Which we need to do post haste. Rountree: I have a question for Wayne or Shari or both, what did we do with Albertson's at Cherry Lane and Meridian? Crookston: They started out initially coming in with a subdivision plat then we got into the problem with water. Rountree: No we are talking about Cherry Lane and Meridian Road, the old Albertson's. Crookston: That was established prior to our ordinance and, but they have since come in with a subdivision plat. . Come: Well Council it looks like you can do one of two things here. Morrow. What might that be? Cowie: Well you can ask for a variance or you can ask for a subdivision, actually there are three, one time split and do the ordinance post haste as you said. Morrow. Well that would be my preference. (Inaudible) staff has got it pretty well covered I think that what we do is from my perspective is we grant the one time split and then we also come back (inaudible) so my motion would be that we grant the one time lot split for Lamont Kouba at 835 E. Fairview Avenue. Rountree: Second Cowie: Motion made by Mr. Morrow, second by Mr. Rountree, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: CHARLES & BRENDA MALLARD: LOT SPLIT 3225 S. CINDER ROAD - SW CORNER OF VICTORY AND CINDER ROADS: Meridian City Council June 3, 1997 Page 20 ~f Mallard: Our request is, well first we are outside the City of Meridian city limits but we are within the impact area. Our request is for permission from the City of Meridian that we rezone our property from an RT to an R1 status. Presently we have a home on our property, we have 5'/ acres, we have a house. We have our in-laws mobile home there on a conditional use permit and a barn. Presently we have available a one time split, we are eligible for that. We are wanting to take advantage of that one time split sell off the old house and build a new home, remove the mobile home from the property and allow my in-laws with us into amother-in-law quarters. My in-laws both have had heart surgeries in the past, recently my father-in-law has gone through colon cancer and he has had some heart problems in the recent years. Financially they are just making and we were wanting to, if anything goes wrong .with their home I don't have the funds to cover that. Utilities and everything if they move in with us I would pay for all of that being under our house. So our proposal is to take advantage of that one time split. In order to do that we must rezone to an R1. I don't propose to go any farther than just rezoning to an R1. The cost of subdividing and coming up with 5 1 acre pieces is possible but the costs are horrendous and would not justify such an action. Besides we have neighbors, we feel like what we are doing here by maybe keeping 3 acres or 3 '/z and selling two was more compatible with what the neighborhood is. We wouldn't want to go and put five homes right there and make the neighbors unhappy. What we are proposing we feel like fits in with the surrounding area. It-would be beneficial for us and for our in-laws. The reason I am here is because I haven't gone through the formal rezone permit with Ada County. In the process of finding out my property status and being eligible for a one time split they recommended that I contact the City of Meridian and get their permission or see what they would feel in this matter. That is why we are here tonight. Rountree: Just to get on the record that each dwelling would be in excess of an acre? Mallard: Right, I have a drawing there and I proposed from a 1 '/z to a 2'/z that we would sell with the existing home. We haven't quite determined what we would like to do. We would like, we are just trying to pursue this and see what we can do and then what would be the best fit there we will decide down the road. Somewhere in between that probably, 1 '/ to 2'/Z. We would like to retain at least 3 acres. Morrow. Mr. Mayor, (inaudible) my question would be is according to your application your comments here is that you are having the mobile home. removed. Mallard: We will yes. Morrow: The net result is that there are still two dwelling units on the 5.5 acres. If I understood this correctly there is only one well? Mallard: There is only one well. Meridian City Council June 3, 1997 Page 21 Morrow. Will a new well be drilled for the new Mallard: We would have to have a new well for the new home. Morrow. And you would utilize. the existing septic system? Mallard: If possible, if we go to 2 '/2 acres it probably would not be possible. If we sold just 1 '/z acres it would be possible to use that existing drain field. The drain field was put in 1990 when we put in the mobile home. In fact my drain field on our house was put in at that same time too. Morrow. I have no further questions. Question for Shari, is there some sort of formal action that we need to take here such as a letter to the County? Stiles: In the past the County has taken anon-response meaning there was no concern on the part of the City. I think because of some of the recent discussions they are being a little more aware of our comprehensive plan and our desire to follow that comprehensive plan. Our comprehensive plan policy does state that in the rural residential areas there is a minimum of 5 to 10 acre per home. I would hate to see this come up on every single piece of property in our area of impact. But I think in certain cases you have to look at it on a case by case basis. The fact that they have a mobile home there now and are willing to remove it and put on a real home or construct a home on the property. I think that is a plus as long as they meet Central District Health's requirements and Department of Water Resources requirements and stick with the 2 '/ acre minimum there. There are some acre lots I believe just to the south of this five acre piece. And then kitty corner to the NE there are some more I am not sure, they are less than 5 acres I believe. Morrow: So generally you have no problem with this and probably it is appropriate for us given .Ada County's deal to send a letter from the City saying we don't have a problem with this. Stiles: In this particular, if that is the way the Council goes. I mean, I cannot change what your policy is. If Council desires to allow this just hopefully we don't see it on every piece of property that comes up. Morrow: I guess from my perspective, point of discussion I don't have any problem with this. Bentley: I don't have a problem with this either but I would like to see us start notifying the County on some of these issues. We have made it a very strong point that we want to be notified when something is happening in impact areas and I think we need to return the courtesy by letting them know yea or nay on what we want to see. Meridian City Council June 3, 1997 Page 22 :. Stiles: They will have to submit an application to the County and submit it to us for comment. I think they were just letting them know before they spent their money come to City Council and make sure there was no objection. Cowie: Any further discussion? Council, I will entertain a motion. Morrow. Mr. Mayor, I would move that we forward to the County a letter showing our approval of this split for the Mallards and recommend that they approve it. Rountree: Second Cowie: Motion made by Mr. Morrow, second by Mr. Rountree to send a letter to the County for approval of this split? Any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: PAULA DEVANEY: DOG LICENSING FOR GUIDE DOGS AND GUIDE DOG PUPPIES: Cowie: Paula? Devaney: I am here tonight to request and I was, I don't have a copy of the ordinance for dog licensing I am sorry, but Franklin is here also tonight to represent the program. What this program is, it is guide dogs for the blind, these are guide dog puppies in training. They are born in California and then they are raised by puppy raisers throughout the nation for 15 to 18 months before they are .returned to the school to be trained as guide dogs. Most of the dogs are raised by kids in the 4H program. They do sometimes make exceptions and let adults have them if you beg enough which I did. Generally they are raised by young people in the 4H program the only, they are in charge of everything for the dog, paying for their food, the veterinarian care is paid for by the school in California. Or in my case the Meridian vets are really great and they donate part of it. Since it is usually done by kids we were hoping that the licensing fee not the licensing requirement the licensing fee for the guide dog puppies and hopefully if a guide dog is returned to our community and works as a guide dog or an assistance dog that fee would also be raised for the person needing that assistance from the dog. Also we don't have a choice whether the dogs are spade or neutered, that comes from the school and I know the fee varies from that. It seems like a nominal amount and for me it would be, but like I say normally this program is for kids in 4H. That is why we are coming tonight to see if we can get the fee waived, not the requirements but just the fee for guide dogs and guide dog puppies in training. Morrow. Mr. Mayor, I have to tell you from my perspective I did read the Readers Digest version of this particular story and I am a strong supporter of the concept. I do think that part of government's job or its main job is to help folk that are having a tough time and I very candidly think that we ought in fact to waive those fees. HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., C(ty Clerk JANICE L. SMITH, 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 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor August 8, 1997 Mr. Shawn Nickel Ada County Development Services 650 Main Street Boise, ID 83702 Re: 97-17-ZC CHARLES & BRENDA MALLARD 3235 S. Linder Road Dear Mr. Nickel: COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON. Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH The Meridian City Council, in its meeting of June 3, 1997, voted to recommend approval of the lot split for the above-referenced property. The decision was made based upon the applicant's representation that the split/rezone was needed to allow construction of one new home to replace the existing mobile home on the property. The City also requests that all guidelines of the Central District Health Department and Idaho Department of Water Resources be followed. Attached is a copy of the minutes from the City Council meeting. If you have any questions, please do not hesitate to contact me. Sincerely, CITY OF MERIDIAN ~ ~7 Shari Stiles Planning & Zoning Administrator /Attachment cc: Charles and Brenda Mallard Meridian City Council June 3, 199? <' Page 19 Crookston: I think that it means that a variance would have to be requested. Stiles: Since I started this job three plus years ago, my predecessor had given me the instruction that was the way it was to be done that vue allowed the one time split. We have been allowing the one time split, probably even before Wayne Forrey was here maybe Gary could attest to that. Jack Niemann had written numerous letters I found in the file saying they are allowed a one time split as long as they meet the requirements of the ordinance as far as lot size and the frontage requirement we have routinely been allowing a one time split. Morrow. That was a matter of policy not of ordinance so we don't have a formal structure to do that. Which we need to do post haste. Rountree: f have a question for Wayne or Shari or both, what did we do with Albertson's at Cherry Lane and Meridian? Crookston: They started out initially coming in with a subdivision plat then we got into the problem with water. Rountree: No we are talking about Cherry Lane and Meridian Road, the old Albertson's. Crookston: That was established prior to our ordinance and, but they have since come in with a subdivision plat. . Come: Well, Council it looks like you can do one of two things here. Morrow. What might that be? Corrie: Well you can ask for a variance or you can ask for a subdivision, actually there are three, one time split and do the ordinance post haste as you said. Morrow. Well that would be my preference. (Inaudible) staff has got it pretty well covered I think that what we do is from my perspective is we grant the one time split and then we also come back (inaudible) so my motion would be that we grant the one time lot split for Lamont Kouba at 835 E. Fairview Avenue. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: CHARLES & BRENDA MALLARD: LOT SPLIT 3225 S. CINDER ROAD - SW CORNER OF VICTORY AND CINDER ROADS: Meridian City Council June 3, 1997 <~ Page 20 Mallard: Our request is, well first we are outside the City of Meridian city limits but we are within the impact area. Our request is for permission from the City of Meridian that we rezone our property from an RT to an R1 status. Presently we have a home on our property, we have 5'/z acres, we have a house. We have our in-laws mobile home there on a conditional use permit and a bam. Presently we have available a one time split, we are eligible for that. We are wanting to take advantage of that one time split sell off the old house and build a new home, remove the mobile home from the property and allow my in-laws with us into smother-in-law quarters. My in-laws both have had heart surgeries in the past, recently my father-in-law has gone through colon cancer and he has had some heart problems in the recent years. Financially they are just making and we were wanting to, if anything goes wrong with their home t don't have the funds to cover that. Utilities and everything if they move in with us I would pay for all of that being under our house. So our proposal is to take advantage of that one time split. In order to do that we must rezone to an R1. I don't propose to go any farther than just rezoning to an R1. The cost of subdividing and coming up with 5 1 acre pieces is possible but the costs are horrendous and would not justify such an action. Besides we have neighbors, we feel like what we are doing here by maybe keeping 3 acres or 3 '/Z and selling two was, more compatible with what the neighborhood is. We wouldn't want to go and put five homes right there and make the neighbors unhappy. What we are proposing we feel like fits in with the surrounding area. It would be beneficial for us and for our in-laws. The reason I am here is because I haven't gone through the formal rezone permit with Ada County. In the process of finding out my property status and being eligible for a one time split they recommended that I contact the City of Meridian and get their permission or see what they would feel in this matter. That is why we are here tonight. Rountree: Just to get on the record that each dwelling would be in excess of an acre? Mallard: Right, I have a drawing there and I proposed from a 1 '/z to a 2 '/z that we would sell with the existing home. We haven't quite determined what we would like to do. We would like, we are just trying to pursue this and see what we can do and then what would be the best fit there we will decide down the road. Somewhere in between that probably, 1 '/z to 2'/. We would like to retain at least 3 acres. Morrow. Mr. Mayor, (inaudible) my question would be is according to your application your comments here is that you are having the mobile home removed. Mallard: We will yes. Morrow. The net result is that there are still two dwelling units on the 5.5 acres. If I understood this correctly there is only one well? Mallard: There is only one well. Meridian City Council June 3, 1997 Page 21 Morrow. Will a new well be drilled for the new Mal lard: We would have to have a new well for the new home. Morrow. And you would utilize the existing septic system? Mallard: If possible, if we go to 2 '/Z acres it probably wrould not be possible. If we sold just 1 '/z acres it would be possible to use that existing drain field. The drain field was put in 1990 when we put in the mobile home. In fact my drain field on our house was put in at that same time too: Morrow: I have no further questions. Question for Shari, is there some sort of formal action that we need to take here such as a letter to the County? Stiles: In the past the County has taken anon-response meaning there was no concern on the part of the City. I think because of some of the recent discussions they are being a little more aware of our comprehensive plan and our desire to follow that comprehensive plan. Our comprehensive plan policy does state that in the rural residential areas there is a minimum of 5 to 10 acre per home. I would hate to see this come up on every single piece of property in our area of impact. But I think in certain cases you have to look at it on a case by case basis. The fact that they have a mobile home there now and are willing to remove it and put on a real home or construct a home on the property. I think that is a plus as long as they meet Central District Health's requirements and Department of Water Resources requirements and stick with the 2 '/ acre minimum there. There are some acre lots 1 believe just to the south of this five acre piece. And then kitty corner to the NE there are some more I am not sure, they are less than 5 acres I believe. Morrow. So generally you have no problem with this and probably it is appropriate for us given Ada County's deal to send a letter from the City saying we don't have a problem with this. Stiles: In this particular, if that is the way the Council goes. I mean, I cannot change what your policy is. If Council desires to allow this just hopefully we don't see it on every piece of property that comes up. Morrow: I guess from my perspective, point of discussion I don't have any problem with this. Bentley: I don't have a problem with this either but I would like to see us start notifying the County on some of these issues. We have made it a very strong point that we want to be notified when something is happening in impact areas and I think we need to return the courtesy by letting them know yea or nay on what we want to see. Meridian City Council June 3, 1997 Page 22 Stiles: They will have to submit an application to the County and submit it to us for comment. I think they were just letting them know before they spent their money come to City Council and make sure there was no objection. Corrie: Any further discussion? Council, I will entertain a motion. Morrow. Mr. Mayor, I would move that we forward to the County a letter showing our approval of this split for the Mallards and recommend that they approve it. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to send a letter to the County for approval of this split? Any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: PAULA DEVANEY: DOG LICENSING FOR GUIDE DOGS AND GUIDE DOG PUPPIES: Corrie: Paula? Devaney: 1 am here tonight to request and 1 was, I don't .have a copy of the ordinance for dog licensing I am sorry, but Franklin is here also tonight to represent the program. What this program is, it is guide dogs for the blind, these are guide dog puppies in training. They are born in California and then they are raised by puppy raisers throughout the nation for 15 to 18 months before they are returned to the school to be trained as guide dogs. Most of the dogs are raised by kids in the 4H program. They do sometimes make exceptions and let adults have them if you beg .enough which I did. Generally they are raised by young people in the 4H program the only, they are in charge of everything for the dog, paying for their food, the veterinarian care is paid for by the school in California. Or in my case the Meridian vets are really great and they donate part of it. Since it is usually done by kids we were hoping that the licensing fee not the licensing requirement the licensing fee for the guide dog puppies and hopefully if a guide dog is returned to our community and works as a guide dog or an assistance dog that fee would also; be raised for the person needing that assistance from the dog. Also we don't have a choice whether the dogs are spade or neutered, that comes from the school and I know the fee varies from that. It seems like a nominal amount and for me it would be, but like I say normally this program is for kids in 4H. That is why we are coming tonight to see if we can get the fee waived, not the requirements but just the fee for guide dogs and guide dog puppies in training. Morrow. Mr. Mayor, I have to tell you from my perspective I did read the Readers Digest version of this particular story and I am a strong supporter of the concept. I do think that part of government's job or its main job is to help folk that are having a tough time and I very candidly think that we ought in fact to waive those fees. MERIDIAN CITY COUNCIL MEETING: June 3 1997 APPLICANT: ITEM NUMBER; 14 REQUEST• CHARLES & BRENDA MALLARD: LOT SPLlT 3235 S. CINDER ROAD AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Charles S. and Brenda K. Mallard ' 3235 S. Linder Road * Meridian, ID 83642 May 27, 1997 Robert D. Cowie, Mayor of Meridian and Meridian City Council 333 East Idaho Avenue Meridian, ID 83642 Dear Sirs, We aze requesting permission from the City of Meridian to rezone our property from the current RT designation to a Rl designation. Attached is a letter from the Ada County Development Services dated Februazy 19, 1997. This letter indicates that we have the right to file an application for change to R1 and that the property is eligible for a one time division exception. The letter also suggests that any zone change first be discussed with the City of Meridian, as the property's location is within Meridian's impact area. The property is located at the southwest corner of Victory and Linder Roads, and is approximately 5.51 acres. The property address is 3235 S. Linder Road, in the NE1/4 of Section 26, T3N, R1 W. Assessor's Pazcel S 1226110030, currently zoned RT. Buildings on our property include our home, a barn and a temporary double-wide mobile home (See Exhibits 1-3). There are two separate septic systems and separate utilities to each home, with one well shazed by both homes. We have lived in the home since September 1989 and my wife's pazents have lived in the mobile home since December 1990. We would like to sell approximately 1.5 to 2.5 acres with the existing home (See Exhibit 3), remove the mobile home, and build a new home on the remaining acreage. In order to do this the property must be rezoned from RT to R1, which would allow us to use a one time division available to this property. The one time division would make it economically feasible to divide the property into two parcels. Listed below aze our reasons for rezoning the property to a R1 designation: 1. Our family likes this area of Ada County, with the City of Meridian located nearby. Our children have attended schools in the Meridian School District for nine yeazs and have spent most of their lives in our present home 2. The properties in this azea have one, two, five, and larger acre lots (See Zoning and Parcel Maps, Exhibits 4-11). The division of our property into two parcels corresponds with the current and future development of the azea. 3. The mobile home would be removed, thus there would not be an increase in the number of homes on the property. 4. The mobile home's circuit breaker exemption for property taxation would cease when the home was sold. 5. The existing home and the new home would add greater tax basis for property taxation. 6. The new home may be able to use the existing mobile home septic system (Installed 1990), depending on how the property is divided. If this were possible, only a new well would be needed on the new property. 7. All other utilities for the mobile home could be used by the new home. 8. My wife's parents will live with us, so that we can take better care of them. They both have heart and other health problems that limit what they can do. 9. In addition to health problems, they have very limited financial resources. 10. We also have limited financial resources, however by building one home, we would be able to pay the costs for utilities, insurance and maintenance. This would enable my wife's parents to be free of those burdens and thus feel more financially secure. In summary, we are requesting approval from the City of Meridian to rezone our property from the current RT designation to R1 designation. We will be patiently waiting to hear from you, so we will know how to proceed with our plans. We know how valuable your time is and appreciate your help looking into this matter. If you need to contact us, please cal1887-2065 (Home) or 388-2648 (Work). Sincerely, Charles S. Mallard 3 *•• ~-~ ADA COUNTY 3~ -~~~~' DEVELOPMENT SERVICES ~, r "~,,,;,,-="""tea- 650 Main, Boise, Idaho 83702 ~..,~-" n +~'' BUILDING DIVISION -Phone: (208) 364-2277 PLANNING & ZONING -Phone (208) 364-22%7 February 19, 1997 Charles S. Mallard 3235 S. Linder Road Meridian, Idaho 8362 RE: Property Status Report 97-05-ZCA. Property located at 3235 S. Linder Road, in the NE 1/4 of Section 26, T3N, R1W. Assessor's Parcel S1226110030. RT zone. Mr. Mallard: This letter is an addendum to the property status determination letter mailed to you on February 7, 1997. It is in response to our telephone conversation on February 11, 1997, and your letter dated February 12 and received February 14, 1997. In your letter you request additional information which I will address as follows: As stated in our previous letter, your property is currently zoned RT (Rural Transition), it is unplatted land, and county records show that it is 5.51 acres in area. The property is also located within the Impact Area of the City of Meridian but it is not within the Urban Service Planning Area of Meridian. After review of your questions and further inquiry into the public records, we found a copy of the Memorandum of Contract of Purchase between J. Melvin 8~ Goldie L.Taylor and Larry R. & Donna M. Watson that had been recorded with the Ada County Recorder's office under Instrument # 8423179 on May 10, 1984. That document effectively split off Assessor's Parcel S1226110030 which was retained by the Watson's and subsequently conveyed to you. When conveyed to you, in September, 1989, the parcel was not in conformance with the Dimensional Standards of the AP-1 zone (then in effect) which had a minimum lot size of forty acres. However, when an Impact Area Agreement Amendment became effective on January 14, 1991, the property became a conforming lot with the Dimensional Standards of the new RT designation, which as you know has a minimum lot area of five acres. Additional factors to consider are the following: Ada County Code Section. 8-10-3B states: Exceptions: The following divisions of land shall not constitute a subdivision: 3. One division of a lot or parcel of contiguous land held under a common ownership which is of record in the County Recorder's Office or the County Assessor's Office prior to January 1, 1985, into not more than two (2) parcels, providing said division is in compliance with minimum zoning standards. Therefore, you would be eligible for the One Time Division Exception if both resulting lots from such a split met the dimensional standards of the zone in which the property is located. As stated in our previous letter, under the current RT zone you do not have enough land to legally divide your property into two conforming lots. You do have the right to file an application for a change of zone to R1 as you have proposed, however, the following should be considered first: When our staff analyzes a Change of Zone proposal within the Impact Area of Meridian, we are guided by our Comprehensive Plan, our Zoning Code and Meridian's Comprehensive Plan. Therefore, the following must be considered: 1996 Ada County Comprehensive Plan 5.10-17 MERIDIAN AREA OF CITY IMPACT The specific goals, policies and implementing ordinance that Ada County and the City of Meridian have agreed will be applicable in the Meridian area of City Impact, are codified in Ada County Code, Title 9, Chapter 4, as it may be amended from time to time. Ada County Code Section 9-4-3 states: APPLICABLE PLAN POLICIES AND ORDINANCES: A. The Meridian Comprehensive Plan, as amended by the City of Meridian on December 7, 1993, shall apply to the Meridian Area of City Impact. The City of Meridian Comprehensive Plan Rural Areas Policies 6.3a states: Within the Area of City Impact but outside of the Urban Service Planning Area, one single family residential building may be constructed on a 5 or 10 acre lot without municipal sewer services being provided if Central District Health Department approves private sewer and water service. Since the property is within Meridian's Impact Area, but not within the Meridian Urban Service Planning Area, it is recommended that you first discuss a zone change with the City of Meridian Staff (Shari Stiles) for her evaluation of such a proposal. After you consult with Meridian Staff, .and you then wish to pursue a request for a change of zone, it is recommended that you call this office and schedule a Pre Application Conference with our Staff. In this meeting you may pose additional questions that you may have and also you can discuss the application and hearing process. This would be an informal meeting and there is no fee required. For an appointment, call Bob Unger at 364-2277. Finally, this determination was made based upon current information contained in the public records, and on the current Ada County Zoning Ordinance and the Ada County Comprehensive Plan. Future changes made to any of these sources may effect the determination made herein. You may, if you wish, appeal this determination to the Ada County Planning ~ Zoning Commission. To do so, you must file the appeal within fifteen (15) days of the date of this letter. The fee for filing an appeal is $110.00. This fee must be in the form of cash, cashier's check or money order. Sincerely, Jon Salter, Planner I Ada County Development Services c: file T' •,~• r, 3~ ~. ~W - - -T-~iar_o~~-_tn.tr• r+is ~-wiNa to to es usEO o~wr Foa ~ n~tc courrn a gat ~ ANr INIIOCLlRA~ 1~1 • CONT111ME0. N.IY. CORNER SEC. P6 -,= l0[.7t' } /iI. tJ' /IO. I/' /s~. IS' T - ioppo ~ , T - yp,~ ~` .9s ; ' S ~Ir•Il'Le•// 4 w r toe.ll' r r ~ ~ • ~ w ~ o _ ~ o~ y ~ . : ~ ~ ~~G3 `w . ` o ' ~I o ~ o I ~ w : ~ ` ~ 00 : h ~ s ~~ e = _ ` r ~ r , o ~ S r ~%- ~ ~""!~ Ne~• g'ro'w swreta [ saws Z~ f vir•tt'oo.v ,JJD.~l' rc ~• ~ ~// r /,~ ~7 ~ N t tc~ zu • • r ~vp a,c w . . , ,._ .aivrii•. y, GO S .hi ~ ~O. ~ i sze j ~ e ne~•~'io•w ~ ~ ti • na Ne1•<G~/O'w M r ~' .. 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Bam & stabbs approx. 1350 sq. ft.(45' X 307. 4. Storage bldg. approx. 320 sq. ft.(8' X 407. 5. Storage shed approx. 100 sq. ft.(10' X 107. .,