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Michener, Roger VAR
OFFICIALS 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 ~ couNCIL MEMBERs HUB OF TREASURE VALLEY A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN REE C GLENN R. BENTLE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 MALCOLM MACCOY Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP RON MANNING ROBERT D. CORRIE BYRON SMITH 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: Au4ust 29, 1997 TRANSMITTAL DATE: 8/26/97 HEARING DATE: 9/2 /97 REQUEST: Variance to 20 foot landscape setback BY: Roger Michener LOCATION OF PROPERTY OR PROJECT: East of 1st Street and across from Jackson's Conv. Store JIM JOHNSON, P/Z MALCOLM MACCOY, P2 RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z 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 NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) NAME: Roger Michener (Owner or holder of valid option) Phone: 336-3202 ADDRESS: 519 E. Fairview Avenue, Meridian, ID GENERAL LOCATION: East of lst Street and across from Jackson's Conv. Store LEGAL DESCRIPTION OF PROPERTY: See attached. PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: c-G 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: The applicant would like a reduction of the 20 ft. side yard set back along the westerly edge of the subject property that is adjacent to the Mobile Home Park. We have met with the owners and have satisfied their concerns. Additionally, we are requesting the set back for a driveway only and not for any building structure improvements. SIGNA' CITY COUNCIL RECORDS Date Received C~ Council Hearing Date Received by APPLICATION AND STANDARDS FOR VARIANCES 1. ADDRESS OF SUBJECT PROPERTY: 519 E. Fairview Avenue, Meridian, ID. 2. APPLICANT: Roger Michener 1111 So. Orchard, Suite 200 Boise, ID 83705 Telephone: (208) 336-3202 Faz: (208) 336-3558 3. OWNER : Robert G. and Patricia A. Jacobsen 204 Sunrise Rim Road Nampa, Idaho 83686 Telephone: (208) 457-2507 4. PROOF OF OWNERSHIP: See attached Affidavit of Legat Interest. 5. LEGAL DESCRIPTION: See attached. 6. PRESENT USE OF PROPERTY: Bare ground. 7. INTENDED USE OF PROPERTY: Multi-Tenant Retail Center. 8. DISTRICT THAT PERTAINS TO SUBJECT PROPERTY: Proposed GC Zoning, Meridian City. 9. VICINITY MAP: See attached. 10. SCHEMATIC BUILDING PLANS: To be presented to City Building Department. See Site Plan attached. 11. LIST OF ADJACENT PROPERTY OWNERS: See attached. 12. CHARACTERISTICS OF PROPERTY WHICH PREVENT COMPLIANCE: Fire Department would like to have a driveway access around the entire building. Additionally, several tenants and their customers need to have better access for parking and delivery. 13. MINIMUM REQUIREMENTS OF ORDINANCE THAT NEED TO BE REDUCED TO PERMIT PROPOSED USE: 20 ft. side yard setback reduced to 5 ft. Site plan also adds additional fencing, berming, and landscaping to provide the two trailer houses with more privacy than prior to the buildings construction. • 14. DIFFICULTY OR HARDSHIP WHICH WOULD RESULT IF REQUIREMENTS OF TffiS ORDINANCE WERE APPLIED TO SUBJECT PROPERTY: Lose the access around the entire building for fire protection. 15. CIRCUMSTANCES WffiCH INDICATE THAT REGULATIONS OF TffiS ORDINANCE SHOULD NOT BE STRICTLY COMPLIED WITH: * Better fire protection and safety. * Better traffic flow for tenants and customers. 16. STATEMENT THAT SPECIAL CONDTIIONS EXIST WHICH ARE PECULIAR TO LAND, STRUCTURE OR BUILDINGS INVOLVED WffiCH ARE NOT APPLICABLE TO OTHER LANDS, STRUCTURES, OR BUILDINGS IN THE SAME DISTRICT: Ada County Highway District's restrictions for additional curb cuts on major roadways limits vehicular access to retail building. This ultimately requires more on-site driveways and turnarounds. 17. STATEMENT THAT A LITERAL INTERPRETATION OF THE PROVISIONS OF THIS ORDINANCE SHALL DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER TERMS OF THIS ORDINANCE: N/A 18. STATEMENT THAT SPECIAL CONDITIONS OR CIRCUMSTANCES EXIST THAT WERE NOT A RESULT OF THE APPLICANT'S ACTION: N/A 19. STATEMENT THAT GRANTING THE VARIANCE REQUESTED SHALL NOT CONFER ON THE APPLICANT ANY SPECIAL PRIVII.EGE THAT IS DENIED BY THIS ORDINANCE TO OTHER LANDS, STRUCTURES, OR BUILDINGS IN THE SAME DISTRICT: N/A 20. RELATIONSHIP OF THE PROPOSED VARIANCE TO THE MERIDIAN COMPREHENSIVE PLAN: The property is proposed for commercial use in the Comprehensive Plan as well as the property adjacent to the request variance. 21. FEE: $250 + ($1.42 X 11= $15.62) _ $265.62 22. STATEMENT OF HOW THE GRANTING OF THE VARIANCE WOULD CONVENIENCE THE APPLICANT AND HOW THE APPLICANT WOULD PROFIT THEREFROM, WffiCH STATEMENT SHALL ALSO REPRESENT WHETHER PROFIT AND CONVENIENCE IS THE SOLE REASON WHY THE VARIANCE IS REQUESTED: Allows better vehicular traffic which makes the space more leasable and ultimately more. profitable to tenants and the owner. 23. .SIGNED AFFIDAVIT THAT PROPERTY WILL BE POSTED 1 WEEK BEFORE THE HEARING STATING THAT THE APPLICANT HAS APPLIED FOR A VARIANCE: See below. Applicant will post property one (1) week before the Hearing stating that he has applied for a Variance on said property. Dated this ~ day of ~ ,1997. Roger Mic ener SUBSCRIBED AND SWORN to before me the day and year first above written. e`er ~~ •••. •• ~1,~ ~~,s ~ ~ O'V'A o ~ v ~ ~ '~I- ~ ~ : ary Public for Idaho „F' ~°® Residing at Boise, Idaho. Z ' AU B LZG ' ~ •` ~~,~~.°~ •~. o~~ My commission ezpires: ~a~~o3 ~i 9r'••°..°•°° ~~ e•~ ~i~~~rau~~o~~~ Michener nvestments Commercial Real Estate August 8, 1997 Ms. Shari L. Stiles Planning Director/Zoning Administrator City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Re: 519 E. Fairview Avenue Dear Shari: Enclosed please find our Variance Application for our retail center at 519 East Fairview Avenue, Meridian, Idaho, I would appreciate it if you would take a few minutes to review this and make sure everything is in order. I have also attached a Letter of Agreement between us and Mr. Loren Ross (trailer park/commercial building owner to the west of our project) that addresses our agreement regarding the fencing and landscaping of our common property line. I hope this meets with the City's concerns. Also enclosed with this package are 10 copies (large/small) of our revised site plan/landscape plan for your review as well as 10 copies (large/small) of our general building layout. These were required for the City Council Hearing. Thanks again for your attention to this matter. Please review and let me know of anything that may be required or beneficial to the process. Sincerely, awrence A. Ross, CCIM LR/bm 1111 South Orchard Enclosure Suite 200 Boise, Idaho 83705 Fax (208) 336-3558 (208) 336-3202 ~ichener Divestments ~ ~'ommercial Real Estate Mr. Loren Ross Mr. Ralph Ross Elm Grove Trailer Park P.O. Box 155 Meridian, ID 83642 August 4, 1997 RE: S 19 E. Fairview Avenue, Meridian, ID Property Line Screening/Landscaping Plan Dear Loren and Ralph: The purpose of this letter is to serve as a written record of our agreement as to the landscape along the mar of our common property line. We have attached site plans and elevations that highlight the specifics of this agreement. Our signatures on this letter and initials to the attachments show our joint approval of this agreemem and your support for this project. Please return a copy to us at your earliest convenience and if you have any questions, give us a call. Additionally, you agree to allow us a 10' temporary easement along your property to wnstruct the necessary improvements. This agreement is conditioned upon approval and construction of this project. ~ e,~~~ Sincerely, ~w-re-n~ce A ss, CC ~,_~' ~c'~~, ~~ ,, ~~ ~~~ ~~~w Roger Michener, CCIl~t Owners/Buyers of S 19 E. Fairview, Meridian / f/ /~ Ralph and/or Loren Ross Date / Owner: Elm Grove Trailer Park, Meridian LR/ca 1111 South Orchard Suite 200 Boise, Idaho 83705 Fax (208) 336-3558 (208) 336-3202 /9~ _~ fi Q ~~ r' ~~ J r ~J e ~~ ~ ~ /~~ I O f n Ildn V r. .~ ~ t-.u ,~a F-s~ r. r'~ s r ' O 9Q ® ~ I ~~! .~~: ^ O M C~ i QUuu R P I~ a g ~0. ~~ 8 P ~a • I' ~~ (~ 0 ~~ ~~ s~ ' ~ ~~ ~ `~ I~ - ~~ ~ ~~~ ~1 •; Y -T; ~ '" ~/• J ~- ,_, ~r Z ~ ;J ~ Z ~ /; ./. r .. ., T ~ h-T.~ F~ y. ~. ~r'+ Z Z y ~~ r^~~ Y^, Y I V J 1~ ~~ k~ ~~ ; a.y~~y ~t i' ~" ~, .. - ~ - ~e ~ ,-- ~?r' _h ~~~ ti~ . ~ ;~~. ~;r^ - ~ ~- ~ _ ~ ~ ~, ~ _ N •~ ~ ,~ • • PFMR02P UB 91 N E W M A S T E R U P D A:T E gLLIANCE 4/03/91 Parcel ~~ Si107212550 Code Area 03 ~ Type Qty Value .ACTIVE Nave JACOBSEN ROBERT 6 ~ PATRICIA A 200 .560 25900 Data From 210 3.000 99300 Matster Buyer 410 62900 Bank Code C/0 420 10900 Lien Code Address 204 SUNRISE RIM RD 421 31400 Prepaid L.I.D. NAM?A ID _ Bankrupt 83 686 - 832 4. Sub.Code Last C7a nge 96/u4/29 By : ASR_KINSH Annexation `NG Total 230400 Notes Oesc. PAR 42550 OF NE4NW4 SAC 7 3N 1E Exemption 7;4062384 Grp 000 Typ 000 Ap M?41E0~~72550 3N lE 07 Har dship Property Zon ing R-8 Flag Address OG519 E FAiRVIEW AVE MERIDIAN ID 83642-0000 D.D. Space Type i. REAL Roll 1 PRIMARY Occ. 0 NON-OCC Action: F2=Seiec t F3=cxit F10=Tax Pr+i~02? Ud y7 N E W M A S T E R U P D A T E ALLIANCE 4/03/9 Parpei Z Si101212535 Code Area 03 Type Oty Value ACTIVE - Na~2 i.tAVE~~ WILLIAe4 D & LUCILE 14 200 7,510 159000 Data from $uyer Master C/0 Bank Code Lien Code Address 24$4 SUNSHINE DR Prepaid L.I.D. BOISE ID Bankrupt 83 712 - 755 ] Sub.Code last Cha nge 94/02/25 3y ASR_LAZEN Annexation `Ni Total 159000 Notes Desc. PAR 42535 OF NE4NW4 S_C 7 3N lE Exemption 4212532-8 Grp 000 Typ 000 Ap i~3NiE00725,5 3N lE 07 Har dship :Property Zon ing R-8 Fiag Address OOt7uu t FAIRViEW AVE MERIDIAN ID D.D. Soace Type i READ Roil 1 ?BINARY Occ. 0 NON-OCC Action: F2=Seiec t 3=exit F10=Tax rr •.~ • . PFMR02PuB 91 N E W M A S T E R U P D A T E ALLIANCE 4/03/91 Parcel Si101212505 Code Area 03 Type Qty Value ACTiVt ~ Name bENiRY ALLEN ET U7( 200 3.130 65100 Oata Fron Master Buyer Bank Code C/0 Lien Code Address 4595 SHAnROCK ST Prepaid L.I.O. BOISE ID 83113 - 2543 Last Change : 92%09/22 8y ASR_LAZEN Total 65100 Oesc. PAR X2505 OF NE4NW4 SrC 1 3ra lc 4212500-B Bankrup~ Sub,Code Annexation 'N i. Notes Exemption Grp 000 Typ 000 Ap M3NIEO~J125u5 3N lE O1 Hardship Property Zoning R-8 Fiag Address 00000 E FAiRViEW ID D.D Space Type 1 REAL Roll 1 PP,IMARY Occ. 0 NON-000 . Action: F2=Seiect F3=Exit F10=Tax Priru~pu3 91 N E W +( A S T E R U P D A T E ALLIANCE 4/03%9 Parcel Si10o3~1199 Code Area 03 Type Qty Vaiue ACTIVE ,Nane JuyAN.uESrN ERLI!~~G 210 .860 112400 Data Fro? Buyer 420 301300 Master Ci0 8an+t Code Address 2.21 SERVICE AVE Lien Cooe Prepaid E`!ME~T ID L.I.D. 83611 - 945y `_ast Change O/O~~/00 Sy Desc. PAR ~i199 OF SE4SW4 SEC 6 3N 1t ~SJ2~2~6 M3N_t006i199 Property Address OOi04 E FAiRVIEW Space Type 1 RAL F2=Seiect F3=Exit Bankrupt Suo.Code Annexation `N~: Total 419100 Notes Exemption Grp 000 Typ 000 Ap 3~N lE 06 Hardship Zoning C-G Flag AVE MERIDIAN ID 83642-0000 D.D. P,oli i PRIMARY Occ. 0 NON-000 Action: F10=Tax r PfMRU2PU6 y7 N E-y~ M A S T E R U P D A T E Al I l ANCE 4/03/91 Parcel S1i06347050 Code Area 03 Type Qty Value ACTIVE S Name EAST VALLEY DEVELOPMENT GO LNC 190 •.120 Data Front Buyer 210 .410 6150D Master ~'/0 Bank Code Address 52i E 03RD S T ~ lien Code PrePaid MERIDIAN ID L.I.D. Bankrupt -83542 - 0000 - Sub.Code Last Change 95/12/ 01 By ASR_ DIXiE Annexation `Ni Desc. PAR 47050 OF SE4S;~4 Total 61500 Notes SAC o 3.v lE Exer.ption 494098376 Grp 000 Typ 000 Ap M3NiE0067050 3N lE 06 Hardship Property Zoning C-G Flag Address 00000 BAR BARA DR MERIDIAN ID 83642-0000 D D Space Type 1 REAL Ro ll I PRIMARY Occ. 0 NON-OCC . . Action: F2=Seiec t F3=Exit F10=Tax PFMR02P ~~$ 97 N E W M A S T E R U P D A T E ALLIANCE 4/G3/9 Parcel Si106346910 Code Area 03 Type Qty Value ACTIVE Nane ~~ JAC~{SONS FOO D STORES INC 210 .500 11200 Data Fro.:. 8uyar 420 376600 Master C/0 flank Code Andress ~0 $OX 48$ Lien Code PrePaid MERIDIAN ID L.I.D. Bankrupt 83680 - 0.488 Sub.Code fast Cha nge ; 95/05/ i5 $y ASR2 _MOiJSE Annexation 'N! Desc. PAR 46~i0 OF SE4SiV4 Totai 441800 Notes SrC 6 3N 1E Exemption 495027845 . Grp 000 Typ 000 Ap M3r~it00669't0 3N lE 06 Hardship Property Zoning C-G Flag Address 00412 E FAi RVIEW AVE MERIDIAN ID 8364 2-0000 D D Soacs ~ Tyae i READ Roll i PRIMARY Occ. 0 NON-OCC . . Action: F2=Se ;ec t F=Exit FiO=Tax •~ • • PfMR02 PU8 97 N E W M A S T E R U P O A T E ALLIANCE 4/03/y7 Parcel 511063469pD Code Area 03 _ Type Qty Value ACTIVE Nape NARIEP, KENNETH 0 210 .16U 125000 Data Fron ~~ Buyer 420 103700 Master C/0 Bank Code Andress 4C+G E rAiRV;EN AVE ~ Lien Code Prepaid yiERIDiAN iD L.i,D. Bankrupt -83542 - 1738 ~ Sub.Code fast Change 97/02/21 By : ASR_KI'VSH Annexation `~aC Desc, pAR X6900 Of SE4Si~4 Totai 228100 Notes SC 6 3.'a 1~ Exemption Y~5u34684 Grp 000 Typ 000 Ap M3N1Efti66900 3ti 1E 06 Hardship ...Property Zoning C-~ ri Andress O+J4u0 E t=AiRVIEW AUE MERiDiAN ID 83642 ng -0000 D D Space Type 1 REAL P,oil 1 P - RIMARY Occ. 0 NON-000 . . Action: f2=Se'ect rr 3=Exit f10=Tax PrM~;u[P u~ 97 N E W M A S T E R U P D A T E ALLIA~I Ct 4/03/9- Parce' Sii+~6s46834 Cone Area 03 Type Qty Value ACTiVt Narse f t.uGE-IT INC 2i0 .470 76000 Oata Fron . 3uy?r 420 261300 Master ~~0 Bank Code Andress 4626 OVERLAND P,D STE 219 Lien Code Prepaid 30i~E ID I.I,D. Bankrupt 83765 - 2816 Sub.Code W3 Last C~a nge 3;/12/29 3y ASR_PALMER Annexation `yC Desc. PAR gb8;4 OF SE4S~a Total 331300 Notes SAC 6 3N 1: Exemption X346830-S X9382477 Grp 040 Typ 000 Ap M3'~iEi~u66834 3N lE 06 Hardship Property - Zoning C-G flag Address " u+360 E rr AiRUiEW AVE MERIDIAa ID 83642 -0000 D D a Dace r2=Se'ec "ype i REA~_ Roll 1 PRIMARY 4cc. 0 t ~:;=E i NON-000 . . Action: x t F10=Tax .. ~ • PrMR02PU8 97 N E W M A S T E R U P D A.T E ALLIANCE 4/03/97 Parcel Sii06346832 Code Area 03 Type Qty ~ Value ACTIVE Nave T J N DtVEIpPMENT £0 2i0 '1.290 129200 Data~Fron -Buyer 420 583600 Naster C/0 Bank Code Address 423 W 4TH ST Lien Code Prepaid ~~ D HANFO~tD CA Bank rupt 93230 - 5026 - Sub.Code Last Change ; 93/01/22 By ASR_LAZEV _ Annexation `NC Desc. PAR X6332 OF SE4S;~4 Total 112800 Notes SEC 6 3N lE Exemption T346830-8 Grp 000 Typ 000 Ap M3N1E0~66832 3N lE 06 4ardship Property Zoning C-G Fiag Andress 003~J0 E FAIRViEW AVE MERIDIAN ID 83642-0000 D D Space Type 1 RLAL P,oi1. 1 P P,IMARY Occ. 0 NON-OCC . . Action; F2=Seiec t F3=Exit F10=Tax Pr.+ru1P U8 9J N E W N A S T E R U P D A T E ALLIANCE 4/03/9- Parcel S1i06346625 Code Area 03 Type Qty Value ACTIVE Nana FAIRVIE~i TERP,ACE LLC 210 23.820 238000 Data Fron ~°'Buyer a20 2248300 Master C/0 Bank Code Address 1317 W FOOTHIl1 8lVD STE 226 Lien Code Prepaid UPLAND CA L.I.D. Bankrupt 91186 - 3673 Sub.Code past Cha nge 96/07/Oi 8y ASR2_COi46S Annexation `Ni Desc. PAR ~66?5 OF SELSW4 Total 2486300 Notes S_C 6 3N lE Exemption ~960481~30 Grp 000 Typ 000 Ap M3NiE0~66625 3N iE 06 Hardship property Zoning R-8 Fiag Andress 00700 E AiRVIEW AVE MERIDIAN ID 8364 2-0000 D D Space Type i P.EAL Ro'i i PP.IMARY Occ. 0 NON-OCC . . Action: F2=Seiec t r3=Exit F10=Tax _ .. • PFMR02PU$ y7 N E W M A S T E R U P D A.T E ALLI ANCE 4/03/91 Parcel S1iU72i2705 Code Area 03 Type Qty ~ Value ACTIVE Nave EtM GROVE TRAIlEP, P ARK ET A! 210 '1.800 420800 Oata~Fron ;buyer 420 329100 Master C/0 421 113100 Bank Code Address ?0 80?( 155 422 203000 Lien C-ode lf. Pre?aid Mr~iDiAN ID l.I.D. Bankrupt 83 580 - 0155 - Sub.Code Last Charge : ~5/1~J/27 By ASR_DIXiE _ Annexation 'N Desc. PAR ~27U5 Or NE4N;~4 Total 1066600 -Notes t~~ R~) R/w txenption SEC 7 3"~ lE #2i170G-3 Grp O00 Typ 000 Ap r~~N~E0u727~~5 3N lE 07 Hardship Property Zoning R-8 Fiaq Actress O~s~u7 E FAiRViEW AVE MERIDIAN ID 83642-0000 D D Space Type 1 R~A_ r2=Seiect F3=: P,oli 1 P RIMARY Occ. U NON-OCC . . Action: x~t F10=Tax P~MR02PUS 97 N E w Parcel ~'i072i25L5 Cooe M A S T E Area 03 R U P D A T Type Qt E A!lIANCE 4/03/9 V l Na~~e JA~GSSEN ROBERT G ~ PAiRICIA A y 200 .030 a ue 300 ACTIVE Data Fron Buyer Master CIO Bank Code Aodress 2114 S~N,'SE RIM RD ! ien Code PrePaio NAMPA ID L.I.D. Bankrupt 83 6$6 - $324 Sub.Code i.ast Change 96%~J6!i7 ~ ASR_KINS.s Annexation `N Desc. PAR 4255 Or NE4N~i. Total 300 Notes cXC R.) r?/jy ~J ~- 1. 7 J ~ 1 L Exer~ption #9406LJ84 Grp 000 Typ 000 Ap ~~~+~iEu72545 3N lt- 07 Hardship Property Actress OOO~JO -t t-AiRViEW Zoninq P,1 AVE MERIDIAN ID Flay Space iype i ,rA~ ~2=Seiect ~' =: Roil 1 PRI~MAaY Occ. U NON-OCC D,p, Action: , x,t _ Ft0-Tax ~,; .~ • ADDENDUM TO PURCHASE A,ND SALE AGREEMENT This is an addendum to the Purchase and. Sale Agreement #97-002 for 519 B. Fairview, Meridian, Idaho dated February 18, 1997 by and between Roger Michener and/or Nominee, Buyer, and Robert & Patricia Jacobsen, Seller. This is a mutual agreement between both parties to extend the contingency date and closing date to satisfy governmental approvals. C~ The new contingency date shall be ~~~, 1997 and the new closing date shall be no later than 15, 1997. Q cll. J ~A ` Roger 'chener, uyer Date Robert Jaco sen Date (~.~4.,c-C.~G~ jo - 5 -9 Patricia Jacobse Date Buyer also acknowledges that he has received an acceptable Phase I Report and that he has obtained acceptable financing. • ,. ~ ?`~ t7 Roger ichener, uyer Date. • • ADDENDUM . TO PURCHASE AND SALE AGREEMENT This is an addendum to the Purchase and Sale Agreement #97-002 for 519 E. Fairview, Meridian, Idaho dated February 18, 1997 by and between Roger Michener and/or Nominee, Buyer, and Robert & Patricia Jacobsen, Seller. This is a mutual agreement between both parties to extend the contingency date and closing date to satisfy governmental approvals. The new contingency date shall be August 15, 1997 and the new closing date shall be no later than September 15, 1997. Roger 'chener, Buyer Date Robert Jacobsen Date Patricia Jacobsen Date 02/28/1997 08:45 2083363558 MIG}Et~t IplVESTMENTS • PAGE 01 Fabsuary ?x,1997 AD~EI~DUM TtJ PURCHASE AGREEMENT 4ri~utal Parcl~e and 5aie Agreema~t dated February 18,1997 •i. eo~e+ed sad accepted Febrasry 20,199"1 Proprty: Lot at 319 E. Fsirview~ Avmne ~~ Since the paroperty~aas thought to be zoned comanercial by parties when the Purchase Agiuement was'signed, and since it has bees discovered and co~ismed that it is not, and it is estimated that it will taloe uotd at least June 17th to obtain all governmeatal apprrovals ~&~ such zoning, annexation, and conditional use approvals, and a budding permit app~rval could not bo obtained until August 1,1997 at the earliest... It is therefore mutually agrxd to adjust the date to remove eontingeaeies stated is #7 of the "Parclshse and Sale Agreeraa4t" to be August 1.,1997. Also, the elosing:d~e in #11 of such agreement shall be adjusted to August 29, 1997. AII otlttr forma aid ovnditions of tho Purchase cad Sate Agreement and the Couirtet Offer #1 ~aU r+e~ain ti'ie samo. 2 - Z S?- C~ ~ ~ T y Buyer: get Mid ~ . Date Seller. Ro Jacobsen Dato ..w+ar ~.x ~ 7971 as ow••' I ar u~ 1 ^,/'R~~ea~~l Eys~t~ate ,V y~pp ~H~cy,INC. l . 223 Honr Nampa, Idaho 83686 Office (208) 46b-0454 f~: X66-~~~ PRIME MERIDIAN DEVELOPMENT PROPERTY COMMENTS: Great Location, Just W. p# Fred Meyer . Complex. See P(at Map on Back Side. . N'tARKEYED Real Estate tlni'umited, inc. .. BY: Arlen Gingrich . 466-0454 Office ~ 467-1331 Res. LOCATION: SIZE: un~rnes: ZONING: PRICE: South Side Qf Fairview -~ 3 Bioclcs East of Chevy Plaza. - 3.45 Acres ~ 240 Feet t=airriew Frontage All City Services Available C.G. General Retail & Commer+c~ai. ,~, cglr~ ~.~~ $325,000. ~ For-24Q ~t Frontage X 250 Ft fleep Parcel. S 2 . ~" a ° ~ $2.00 Per S.F. for Remaining 6aclc Pc~operiy °- ~~~ ~ ~ = ~~7y ~r~© ~' " ~~ ~ ~ ~ ` J-U-B ENGINEERS Inc. ~~~ ~~ ~J • u • B , ~ ENGINEERS • SURVEYORS • PLANNERS _ ~ 212 Tenth Avenue South Nampa; ID 83651 Project: 10562-01 208/467-5252 Date: March 27, 1997 FAX: 208/467-6631 DESCRIPTION FOR LLOYD LUMBER COMPANY PARCEL 4 _ - _ i IN THE NE 1 /4 NW 1 /4, SECTION 7, T.3N., R.1f., B.M., _ ADA COUNTY, IDAHO ,. A portion of the NE 1 /4 NW 1 /4, Section 7, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of the NW' 1 /4, Section 7, T.3N., R.1 E., B.M., and running S. 88°35'49" W. 390.00 feet along the Northerly boundary of the said NW 1>4, Section 7 to a point; .thence S. 00°36'03" W. 45.96 feet to a point on the Southerly right-of-way tine of Fairview Avenue, said point being THE TRUE POINT OF BEGINNING; thence continuing S. 00°36'03" W. 4.00 feet to a point on the proposed Southerly right-of-way line of Fairview Avenue; thence continuing 5. 00°36'03" W. 250.08 feet to a point; thence N. 89°11'24" E. 239.86 -feet along a line parallel with and 304.00 feet Southerly from the center line of said Fairview Avenue to a point; . thence N. 00°35'12" E. 250.07 feet to a point on the proposed Southerly right-of-way line of Fairview Avenue; ~ _ thence continuin N. 00°35'12", E. 4.00 feet to a g point on the Southerly right-of-way 'line of Fairview Avenue; thence N. 89°11'24" E. 239.92 feet along a line parallel with and 50.00 feet Southerly from the said center line of Failview Avenue to the Point of Beginning. Containing 1.40 acres, more or less.. .. 1~ •1 1° • ~ ~ • .~ Engineers Surveyors Planners Project' 10562 Date: March 27, 1997 DESCRIPTION FOR LLOYD LUMBER COMPANY PARCEL 1 SUBJECT T0: Existing rights-of-way and, easements of record and/or appearing on said above described parcel: Prepared by: J-U-B EN R Inc. . ~ J~ FY . 44 ~~. ~ _ o '~~~ ~~ - F~AIIS A• ~~ Dennis A. King, P.L.S. 10562\legaldes\parcell.doc i ~ Project: 10562-01 Date: March 27, 1997 DESCRIPTION FOR LLOYD LUMBER COMPANY INGRESS/EGRESS EASEMENT IN THE NE 1 /4 NW 1 /4, SECTION 7, T.3N., R.1 E., B.M., ADA COUNTY, IDAHO J-U-B ENGINEERS, Inc. ENGINEERS•SURVEYORS•PLANNERS 212 Tenth Avenue South Nampa, ID 83651 208/467-5252 FAX: 208/467-6631 A strip of land 30.00 feet in width lying in the NE 1 /4 NW 1 /4, Section 7, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of the NW 1 /4, Section 7, T.3N., R.1 E., B.M., and running S. 88°35'49" W. 390.00 feet along the Northerly boundary of the said NW 1 /4, Section 7 to a point; thence S. 00°36'03" W. 45.96 feet to a point on the Southerly right-of-way line of Fairview Avenue, said point being THE TRUE POINT OF BEGINNING; thence continuing S. 00°36'03" W. 625.92 feet to a point; thence S. 88°49'20" W. 30.01 feet to a point; thence N. 00°36'03" E. 626.11 feet to a point on the said Southerly right-of-way line of Fairview Avenue; thence N. 89°11'24" E. 30.01 feet to The Point of Beginning. Prepared by: J-U-B ENGINEERS, r1z.. ~LiJ ~~ ~ 944 s~~g~Q :~Of~O 10562\legaldes\ing-egrs.doc Dennis A. King, P.L.S. ~a J ~• A~"VIT OF LEGAL INT~tE3T STATE OF IDAHO COUNTY OF ADA ss I~ Robert G. Jacobsen ~ 204 Sunrise Rim Road G~uttae} (addreaa) Nampa Idaho betag first duly sovorn upon oath. depose and day: (city) (state) 1. That I ata the s'eot~ird owner of tht property described on the attached, and I gray my per:aissioa to Roger Mieha#er ~ 1111 50. Oxchard #200, Soise, ID 83705 (tee) (address) to submit the aaoatapat~yitig appLcatioa pertaining to that property. Meridian 2. I agree to indema~-. defend and bold ~ssee City and its employees harmless Prot any claim of Lability resulting from any dispute as to the statements containe herein or as to the~pwaerahip of tlu property which !s the subject of the appiicatior. Dated Zhis ~ ~ ~y of April. _. 19 97 ~vs~s~w G~ SUBSCRIBED AND ~W'dRN to before tae the day sad year first about written. ry Public for Idaho .ding at My Comu,isaion ~itrs: ~~~ ~~,z FOR VALUE RECEIVED, LLOYD LUMBER COMPANX,- INC., the Grantor, does hereby grant, bargain, s•:11 and' convey unto ROBEP.T G. ' JI-COFiSEN and P1ITRICIA A.. JACOBSEN, husband and rife, t:ie Grantees, whore address is 20A Sunrise Rim Road, Nampa, Idaho 83686, the following dta>;cribed premises, incl~iding pursuant to the Idaho Homrhtcud Law, Idaho e} seq., to-wit: The real property describ~:d in which exhibit is attached beret - part hereof. any homestead claim Code, Section 55-1001, Exhibit "P,' o and made a SUoJECT TO United States p.:rtent restrictions and/or State of Idaho deed restrictions; SuL3JLCT TO all taxes and ~:ssessments for t::e year I994 and all subsequer•t years; ,. SU3JECT TO any easements .c•. rights-of-way o~ . record .end/or usage. ' TO I1AVE AND TO HOLD the said premises, with their appurtenances, unto the: said Grantee:;, their heirs and a;;sigri~, for. ever. And the Grantor does hereby covenant to anc with the said Grantees that it is the owner in fee ~impie.of said promises; th~3t said premises are free from all encu ~abrances save a::c.except as ' .;. .. ... '. .. - '..J Gi11 ~:: ,') .. l/r(~• i ~ .~ ~ ~,:f.T CI :~~ ... - { ~ ~ Y ~h '~~ ,+rr1 1!q '. • j ' ` t '~'. r ~ 4'k.,;y~'y.ak. 7'r ti: Y•y •4._ .l 'f t vl i ~ -1•,'.`~`R+S {1y h _ T^n.~iTl ~> .1+~>_ ~~F ~~ H ~ ~~ ~ ' . r• tRi - .I' 1 r Y 71 A: .. ):.- tf i ' ~ ~ .w 4 ~ ' -. ..... -. .~ - 1 1.~ Y ..Y _ } l 3 ti ~3 s .N~ i~ . --,••-'~-'-~..- ._,.w... .._ .. ~.....,.. ~ a or `F -11 Y.t •~ a> i .--..... w . -- ------ r+~s.r.[7q ) _ ~ ... ~ Li , - F 4 i) { f 4 sw ~ 1 1 .L t' S { ~ ~L rl _ _ above set forth; and. that it ,will war--ant!.'and defend the same from all lzi~ful claims whatsoever. . DATED this 30th day of Juac, 1994. ATTEST: RobQrt G. J cobson, - Secretary/Treasurer (Seal) STATE OF ID.~1H0 ss County of Canyor. ~. LT:C - E ANY, INC . - B:: eorge Jacobsen President - On this a~~ duy of ,7une, 1994, before me, .the undersigned, a Notary Public in any: for said State, personally apge:ared George: C. Jacobaer. and Robe~~t G. Jacobsen, known to me to be the President and Secretary, r~:spectivoly, of Lloyd Lumber Company, tnc, an Idaho corporation; she corporation that executed the within and foregoing instru.~nent, and acknowledged to me thRt paid corporation executed-the same. IN WITNESS WHEREOF, I ha~:e hereunto set my hand and affixed my official seal, the day and year in this. certificate iir,t above written. ~~ ,..••~•~••.,~ ~ ti tary Publi for Idaho ~. ,,~*•~,ti~ KU,p~'••.,• kasiding at: ~_~~- ',~'4r~` •• ~~'~ •., N'Y Corrmiosion xpirca : ~ '~ ~ ~j ~' ru~~.~c ,; ?- .. ~. . ~. ..« nv,.w.u... p..r....e.~. '~"n^e'w'F~.'+.rwr*~ywr.~'l'~' - - - - • ~~• t.. ~MY' '.~µ!• .~y'!~ l'IIi'~1# :L q~t. ~ ~h ~t ^'F1' ~#t '-5:,•+t '~- r~• 3 c'~t .'G '~N`G}ey-,_ ~ ~ ~ •~4~. ~ ~~ r ~y i~t ~~rf^Z„ j t. • ~F•Y .aa~~' "^ .r S~f.'•,• w • ~1 ~ ~•. 1 «. 4, "~T .fit •,y ~1 ~r . i ~ : it • ~. ~F +h - f ~ ~ ~. • 'y' r,. e. • ^1_. . ~ E7CiI8IT A - - ~ . .•; Tract of land situated in thg North:nst~ Quarter o!- the Northwest . Quarter 'of Section 7, Township 3 North..Range :East, Poise treridian. Ada County. Idaho, •more .particularly .described as follow: . - Beginning at the Quarter corner common to Sections G and 7, thence South 88 35'49" We3t 31o^g the .linecommon to said Sections 6 anti 7 a distance. of 390. ~)0 feeta thence South 0 35' 12" W_st a distance of -47.8 feet to •the .South •right-of-way of - • Fairview Avenue, being the P~J4L POI.~T OF 8$GINNINC: - tY,Fr:ce South 0 35' 12" kest a distances of - 624.06 feet; •` the..^.~e South 88 50'48" k*est a distance of 23?.99 feet; thence North 0 35'05" East a distance of 623.02 feet to the, said South right-of-way of Fairview Aver.~.:e; thence 1~or:h OS 35'48" East n'on'; said South rio?~t-of-way a distance of 240.05 feet t~~ the P.EF.L POINT OF I?GINNING. - .~'r.'Ci TO ~I! r::iatin; crr recorded easements of rights-of-way. t+ ` ~~'~ ,~~ . 4~~ y.~d' e~ti ""y 'A.. f~''' 'b'~~ .~1~•t', Y./,. h -,,.~W~{ r~ « ~+~'1 •l..'S: ~~`•u'." . a ~4 • .r, ~TIr'~t.~~~F~~ :~~i ~'~ e { ~ r'+t`~t.r rr !~f,~. uJUa arr.. .i°J,iLa.-.,:-.Aw.~.~:~.. ..r.a..•.t...... a~FORE TeE ~RI~IAN c=Tx covxc=L $RIO$TON CORPORATION VARIANCE APPLICATION 1650 FAT EAST OF' 1~RIDIAN ROAD ON THE 30tTT8 SIDE Off USTICR ROAD MERIDIAN, ,IDAHO FINDINfn~S Off FACT AND CO~TCLUSION3 OF LA'i~ The above entitled matter having come on for public hearing December 16, 1997, at the hour of 7:30 o'clock p,m., the Petitioner David W. Turnbull, appearing, the City Council of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That notice of a public hearing on the Variance Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for December 16, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the December 16, 1997, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; that a hearing on the matter was scheduled, noticed and held on December 16, 1997 . 2. That this property is located within the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW ROGER MICHENER/VARIANCE Page - 1 Meridian and the Applicant is the owner of the property which is described in the application which description is incorporated herein, and have consented to this application. 3. 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. 4. That the property is zoned R-8 Residential. 5. That The Applicant stated in his Application for Variance, that the front yard setback was 20 feet and he desired to reduce that to 10 feet. Ordinance 11-2-410 A, Zoning Schedule of Bulk and Coverage Controls, requires in the Residential (R-8) zone that the Minimum Front Setback Requirement is twenty (20) feet. 6. That the Applicant has requested that he be granted a variance from the above front yard setback requirement so that the sunroom, which has already been constructed by Mrs. Helen V. Davis, who has a life estate in the property during her lifetime, and which encroachment of the front yard setback of the twenty foot requirement, requires a ten foot front yard setback. 7. The Applicant stated at the hearing for the Variance as follows: In response to Commissioner Morrow's comment about how Mrs. Davis would handle the matter if the variance was not granted, Mr. Turnbull stated she would probably be upset and that they would be in trouble with her. He stated that she is 85 or 87 FINDINGS OF FACT AND CONCLUSIONS OF LAW ROGER MICHENER/VARIANCE Page - 2 years old, and that she recently this winter she had a stroke. He presented some plans for a proposed building of some ramps to Mrs. Davis's front door and some of those things to accommodate her. He thought the addition to her home made a lovely addition. It provides a nice sunroom and something she would like to have maintained. 8. Commissioner Morrow commented that the property is annexed into the City and it is a City lot. 9. Mr. Turnbull stated that this is not a platted lot as of yet, it is a part of what is the proposed Bedford Place Subdivision No. 4. It was not in the City when she built her home, as it is an older home. 10. Councilman Morrow commented that when the sunroom was built if it was not in the City? 11. Mr. Turnbull stated he doesn't believe and doesn't know if the annexation ordinance was final at that time. 12. Commissioner Morrow questioned as to what process did this go through that allowed the setback to be violated? 13. Mr. Turnbull commented that there was no lot at the time so there was no violation of any setbacks since there wasn't a lot. 14. Commissioner Morrow continued the discussion with a question if there was a building permit required. 15. Mr. Turnbull stated he couldn't tell him whether she obtained a building permit or not. 16. Commissioner Morrow's added comment to Mr. Turnbull's response, was that if Mrs. Davis handled all of this affair on her FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIGHTON CORPORATION/VARIANCE Page - 3 own, and if he was left trying to clean this up, and asked if that was what he was trying to do tonight. 17. Mr. Turnbull's response was yes, and he thought Mrs. Davis went ahead and got her permits and everything and did everything according to the rules. That this was just a conflict between the final plat that is proposed and which is in accordance with the preliminary plat, but after the preliminary plat was approved he thought she had a little extra money after he bought the land so she built herself a nice sunroom. 18. Commissioner Morrow stated that he certainly understood that, and that at 85 years old you write your own rules. Having said that, it doesn't help us a lot with not very far in the distant future with the property. He proceeded to ask the question, "When Mrs. Davis has a life estate, at that point in time when she is deceased where does the property go?" 19. Mr. Turnbull stated that the Brighton Corporation owns the property and then Brighton Corporation would take control of the property. 20. Commissioner Morrow asked if Mr. Turnbull would be agreeable at that point in time to correct the variance to the setback if your variance is approved conditionally that at that point in time that Brighton takes control of the property or sells the property that a condition be that the sunroom be removed and the 20 foot setback be honored. 21. Mr. Turnbull addressed the Mayor and Counil with the response that they could certainly do that if it was required. He FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIGHTON CORPORATION/VARIANCE Page - 4 continued by saying given the fact that the garage is setback, there is actually more than sufficient area for off site parking with that garage and given the fact that the sunroom is a valuable improvement and doesn't otherwise create a negative to the subdivision. It wouldn't be his preference to remove that room. It is a bit counter productive is what he thought. 22. Commissioner Morrow commented that he understood his concern, but Commissioner Morrow's perspective is that they are trying very hard to maintain certain setbacks so there is consistency and certainly present owners iri Bedford Place, and future owners in Bedford No. 4 to have some reasonable expectation of everybody having the 20 foot front yard setback. It seems to him to make a certain amount of sense to keep that . Coupled with the fact from his standpoint if the City grants a variance such as this then all of a sudden everybody needs a sunroom. This makes a tremendous amount of work for our staff already and future Council's and Mayor's. 23. Mr. Turnbull then commented to the Mayor and Councilman Morrow that he understood their point, and that they were not trying to set some kind of particular precedent that the City would have trouble dealing with in the future. He thought everyone would have to admit this is an odd set of circumstances. Commissioner Morrow agreed. 24. Councilman Tolsma questioned the access to Ustick Road off this property. 25. Mr. Turnbull's comment to that question was that it will FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIGHTON CORPORATION/VARIANCE Page - 5 access off of Edgar Street. Councilman Tolsma asked if they will close the access that goes back out to Ustick, and Mr. Turnbull stated yes, that was an ACHD requirement. 26. Councilman Rountree added his comment to the fact that he agreed that they needed to be consistent with the setback. 27. Mayor Currie inquired if the lot was that of Lot 5, Block 6 or Lot 4. Mr. Turnbull responded that it was Lot 5, Block 6, and that it is the wider lot, 79 feet wide. 28. Gary Smith's questioned if you proceed along the lines of allowing the variance for an indeterminate period of time while a life estate is still in existence how would the City keep track of when it is not in existence? Somebody is going to have to look out for when it is no longer a life estate and it belongs to Brighton Corporation. 29. Commissioner Morrow commented to Mr. Smith's question by stating he thought if they opted to leave it in position while Mrs. Davis is exercising the life estate, certainly upon her death, then the life estate terminates and either the City would have to be aware of when that event occurred or Brighton would have to inform the City, that is when it would activate the other issues. Mr. Smith responded that he understood that, but he didn't really know how that happens. Commissioner Morrow commented that a deed restriction could be done, and that it couldn't transfer until those conditions would be met. 30. Mayor Currie asked if David Turnbull owned the house, and he stated yes, and that it is not as old as Mrs. Davis, he FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIGHTON CORPORATION/VARIANCE Page - 6 thought it was around 40 years old, Councilman Tolsma commented to the age issue, and thought it was about 50 years old. 31. Commissioner Morrow's final comment was that if the variance was going to be granted, then he wanted to see it be conditional where it was tied to the life estate at the paint that the life estate is no longer in effect and that the setback be honored. 32. Councilman Rountree closed out the hearing on this matter with his comment as opposed to monitoring and tracking this, that it be done as a deed restriction. 33. The City Planning and Zoning Administrator, Shari Stiles, had no comments to the Variance. cortcLUS=a~ts 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 i1-2-419 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 Zoning Ordinance and upon the record submitted to it and the things FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIGHTON CORPORATION/VARIANCE Page - 7 upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provisions of Section 11-2-419 A, of the Zoning Ordinance is noted which is pertinent to the Application: 11-2-419 A. The Council may authorize in specific cases a variance from the terms of this Ordinance or from the Subdivision and Development Ordinances as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. No non- conforming use of neighboring lands, structures or buildings in the same district and no permitted or non- conforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall be granted only where strict application of the provisions of this Ordinance would result in unnecessary hardship. A variance application does not go to the Commission unless directed by the Council. 6. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: 11-2-419 C. FINDINGS A variance shall not be granted unless (as a result of a public hearing) the Council makes a statement of supportive reasons based directly on the evidence FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIGHTON CORPORATION/VARIANCE Page - 8 presented to it which supports conclusions that the mentioned standards and conditions of this Ordinance have been met by the applicant and unless all of the following exist: 1. That there are such special circumstances or conditions affecting the property that the unreasonable; strict application of the provisions of this Ordinance would clearly be impracticable or 2. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, other physical conditions or other conditions which are not self-inflicted, or that these conditions will result in inhibiting the achievements or the objectives of this Ordinance; 3. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; 4. That such variance will not have the effect of altering the interest and purpose of this Ordinance and the Meridian Comprehensive Plan. 5. That a deed restriction is required to be entered into with Brighton Corporation with regard to the life estate of Helen V. Davis, and that at her demise the property shall resort back to the 20 foot setback requirement. 7. That there does appear to be a specific benefit or profit, economic gain or convenience to the Applicant but the owner of the property, Helen V. Davis, owned the property prior to development and the variance allows her to continue to live in her home until she moves or dies. FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIGHTON CORPORATION/VARIANCE Page - 9 8. That regarding Section 11-2-419 C it is specifically concluded as follows: a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of the set back Ordinance would clearly be unreasonable. b. That strict compliance with the requirements of the set back Ordinance would result in extraordinary hardship to the applicant as a result of factors not self-inflicted. c. That the granting of the specified 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 such variance would not have the effect of altering the interests and purposes of the set back Ordinance or the Meridian Comprehensive Plan. 9. That it is concluded the Application should be granted as long as a deed restriction is entered into. 10. That in the written Application the Applicant requested variance of the tiling of the South Slough Stub; at the public hearing no evidence was presented about this variance and it is not granted. The only variance granted is that of the 20 foot front setback requirement. FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIGHTON CORPORATION/VARIANCE Page - 10 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the Gity of Meridian does hereby adopt and approve these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) APPROVED: VOTED VOTED VOTED VOTED VOTED DISAPPROVED: DECISION It is hereby decided that the variance of the setback ordinance is hereby granted upon the condition that a deed restriction be entered into with Brighton Corporation, and the Applicant shall be required to have the 20 foot setback reinstated after the life estate of Helen V. Davis is no longer valid on the property. MOTION: GRANTED DENIED Brighton Corporation setback Variance 01-02--98 --- Final FINDINGS OF FACT AND CONCLUSIONS OF LAW BRIGHTON CORPORATION/VARIANCE Page - 11 ., Meridian City Council • September 16, 1997 Page 11 Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION NE '/4 NW '/. SECTION 7, T.3N, R.1 E, B.M., IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #773 read in its entirety. Hearing none, I will entertain a motion for Ordinance #773. Bentley: Mr. Mayor, I v~ould move that we adopt Ordinance #773 with the suspension of rotes. Rountree: Second. Corrie: Motion made by Mr. Bentley, second by Mr. Rountree that we adopt Ordinance #773 with suspension of rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE TO THE 20 FOOT LANDSCAPE SETBACK BY ROGER MICHENER - 519 E. FAIRVIEW AVENUE: Corrie: Council, you have the findings of fact and conclusions of law. Morrow. Mr. Mayor if there is no discussion I would move that we adopt the findings of fact and conclusions of law as written. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the findings of fact and conclusions of law, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION .CARRIED: All Yea Corrie: I will entertain a motion on the decision. Morrow. Mr. Mayor, it is hereby decided that the variance on the setback ordinances is hereby granted. The applicant shall not be required to relocate the structures which are going to be built on the property. Bentley: Second Meridian City Council . '~ September 16, 1997 Page 12 Corrie: Motion made and seconded on the decision as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: ORDINANCE #774 -CHERRY LANE BAPTIST CHURCH REZONE: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF THE SW %4 OF THE SE %4 OF SECTION 2, T.3N, R.1W OF B.M., IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance No. 774 read in its entirety? Hearing none I will entertain a motion on Ordinance #774. Tolsma: Mr. Mayor, I move we approve Ordinance #774 with the suspension of rules. Morrow. Second Corrie :Motion made by Mr. Tolsma, second by Mr. Morrow to adopt Ordinance #774 with the suspension of rules. Roll call vote. ROLL CALL VOTE: Morrow --Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #8: ORDINANCE #775 -VACATION OF GENTRY WAY? Corrie: AN ORDINANCE VACATING THE EXISTING TEN FOOT WIDE PUBLIC UTILITY DRAINAGE AND IRRIGATION EASEMENT ADJACENT TO GENTRY WAY IN LOT 12 AND LOT 13 AMENDED MAGIC VIEW SUBDIVISION A SUBDIVISION IN MERIDIAN IDAHO AND RECORDED IN THE RECORDS OF ADA COUNTY, STATE OF IDAHO AND PROVIDING FOR AN EFFECTIVE DATE. (End of Tape) Stiles: Mr. Mayor, does that indicate that the right of way is vacated? Corrie: It is the public utility drainage and irrigation easement adjacent to Gentry Way, it is a ten foot wide area. Counselor, you wrote the ordinance? Crookston: I wrote it two or three different times and the final one eliminates the right of way. I don't have a copy of what you are looking at right now. Rountree: The issue was to leave the road right of way and to leave the irrigation easement there as I recall. • MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 16 1997 APPLICANT: ITEM NUMBER: 6 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: GTY 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 L ~~G ~L~ ~3' ~~ ~ ~~r ~~ Y~ V ~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • BEFORE THS ~,BRIDIAN CITY COUNCIL_____ ROGER „I~ICBE~R VARIANCE APPLICATION 519 F~IRVIRW AVENUE 1~RIDIAN. IDABO FINDINaB OF FACT AND CONCLUSIONS OF LA1+P The above entitled matter having come on for public hearing September 2, 1997, at the hour of 7:30 o'clock p.m., the Petitioner appearing, the City Council brought the matter on for consideration of the January 4, meeting but the Applicant had requested that it be tabled until January 18, 1993, the City Council of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That notice of a public hearing on the Variance Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 2, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the September 2, 1997, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; that a hearing on the matter was scheduled, noticed and held on September 2, 1997. 2. That this property is located within the City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW ROGER MICHENBR/VARIANCE Page - 1 • • and the Applicants are not the owners of the property which is described in the application which description is incorporated herein. The owners are Robert G. and Patricia A. Jacobsen, who have consented to this Application. 3. 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. 4. That the property is zoned Limited Office. 5. That The Applicant stated in his Application for Variance, in paragraph 13. , that the side yard set back was 20 feet and he desired to reduce that to 5 feet. Ordinance 11-2-410 A, Zoning Schedule of Bulk and Coverage Controls, requires in the General Retail and Service Commercial (C-Gj zone that the Minimum Yard Setback Requirement is twenty (20) feet. 6. That the Applicant has requested that he be granted a variance from the above yard setback requirement so that the Fire Department can have access to his structure all the way around the building. 7. The Applicant stated in his hearings for the Re-Zone, Conditional Use, and variance as follows: We have been able to resolve all of these issues with a retaining wall, a block wall or a block or concrete retaining wall with some over above standard landscaping. Part of our request is for a five foot [or] seduction of the 20 foot side yard setback for a commercial zoning adjacent to a residential use which is in this rear corner. We FINDINGS OF FACT AND CONCLUSIONS OF LAW ROGER MICHENER/VARIANCE Page - 2 • • have been required pretty much by the fire department to maintain access completely around our property for fire protection. So it is pretty much imperative that we have that alley between the two buildings. So we basically established a 15 foot side yard setback with the concrete wall with additional landscaping. That has been satisfactory to Loren [Ross] as far as appeasing him and his residential use there. I think it provides a very good screen, probably more so than a 20 foot side yard setback with a wall and additional landscaping. Other than that all the other neighbors are in favor of it. I would be happy to answer any questions you might have. Mr. Ross stated as follows: I have kind of stated the importance of the variance as far as fire codes and everything else earlier. 8. In the Application the Applicant stated, in paragraph 10. as follows, in response to the question CHARACTERISTICS OF PROPERTY WHICH PREVENT COMPLIANCE: Fire department would like to have a driveway access around the entire building. Additionally, several tenants and their customers need to have better access for parking and delivery. 9. In the Application the Applicant stated, in paragraph 10. as follows, in response to the question WHAT MINIMUM REQUIREMENTS OF ORDINANCE THAT NBED TO BE REDUCED TO PERMIT PROPOSBD USE: 20 ft. side yard setback reduced to 5 ft. Sit Plan also adds additional fencing, berming, and landscaping to provide the two trailer houses with more privacy than prior to the buildings construction. 10. There was no testimony offered stating objections to the Variance. I1. Neither the City Engineer, Gary Smith, or the Planning and Zoning Administrator, Shari Stiles, commented that they had any objections to the Variance. FINDINGS OF FACT AND CONCLUSIONS OF LAW ROGER MICHENER/VARIANCE Page - 3 • • 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 owner8 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 Zoning 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 Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provisions of Section 11-2-419 A, of the Zoning Ordinance is noted which is pertinent to the Application: 11-2-419 A. The Council may authorize in specific cases a variance from the terms of this Ordinance or from the Subdivision and Development Ordinances as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. No non-conforming use of neighboring lands, structures or buildings in the same district and no permitted or non-conforming use of lands, structures or buildings in other districts shall FINDINGS OF FACT AND CONCLUSIONS OF LAW ROGER MICHENER/VARIANCE Page - 4 • be considered grounds Variances shall be grant of the provisions of unnecessary hardship. A to the Commission unless • for issuance of a variance. ed only where strict application this Ordinance would result in variance application does not go directed by the Council. 6. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: 11-2-419 C. FIB A variance shall not be granted unless (as a result of a public hearing) the Council makes a statement of supportive reasons based directly on the evidence presented to it which supports conclusions that the mentioned standards and conditions of this Ordinance have been met by the applicant and unless all of the following exist: 1. 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; 2. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, other physical conditions or other conditions which are not self-inflicted, or that these conditions will result in inhibiting the achievements or the objectives of this Ordinance; 3. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; 4. That such variance will not have the effect of altering the interest and purpose of this Ordinance and the Meridian Comprehensive Plan. 7. That there does appear to be a specific benefit or FINDINGS OF FACT AND CONCLUSIONS OF LAN ROGER MICHENER/VARIANCE Page - 5 CJ • profit, economic gain or convenience to the Applicant in that the Applicant would have to relocate the proposed structures to be constructed on the property which were not in existence at the time the time that he desired to purchased the property; however, the people that are living in the trailer court and the owner of the trailer court have not objected to the Variance and have agreed that the Applicant will do other things to protect the residences of the trailer court. 8. That regarding Section 11-2-419 C it is specifically concluded as follows: a. That there are no special circumstances or conditions affecting the property that the strict application of the provisions of the set back Ordinance would clearly be unreasonable since the residents in the trailer park and the owner of the trailer park have not objected. b. That strict compliance with the requirements of the set back Ordinance would result in extraordinary hardship to the applicant as a result of factors not self- inflicted. c . That the granting of the specified 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 such variance would not have the effect of altering the. interests and purposes of the set back Ordinance or the Meridian Comprehensive Plan. 9. That it is concluded the Application should be granted. FINDINGS OF FACT AND CONCLUSIONS OF LAW ROGER MICHENER/VARIANCE Page - 6 i APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopt and approve these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) APPROVEDs D$CISION VOTED VOTED VOTED " DISAPPROVED: It is hereby decided that the variance of the set-back ordinance is hereby granted and the Applicant Bhall not be required to relocate the structures which are going to be built on the property. MOTION: GRANTS DENIED ~_ FINDINGS OF FACT AND CONCLUSIONS OF LAW ROGER MICHENER/VARIANCE Page - 7 Meridian City Council September 2, 1997 Page 31 Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree for the decision as read, all those in favor? Bentley: l have a question for the Counselor, do we have to wait for the approval of the ordinance? Crookston: We don't have to because the property is already annexed. Corrie: Any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR A VARIANCE TO THE 20 FOOT LANDSCAPE SETBACK BY ROGER MICHENER - 519 E. FAIRVIEW AVENUE: Corrie: At this time I will open the public hearing and invite the representative again. Lawrence Ross, 1684 E. Braymere, Boise, was sworn by the City Attorney. Ross: One issue of order, I don't know how we plan on resolving, .is we are also item #16 on the list, 1 don't know if we want to go right into that after this one. But I have kind of stated the importance of the variance as far as fire codes and everything else earlier and I don't want to waste anybody else's time by restating it so I have nothing further to say. Corrie: Does the public want to issue testimony on this variance? Shari do you want (inaudible) Council? I will close the public hearing, Council decision? Morrow: Mr. Mayor, I would move that we instruct the City Attomey to prepare findings of fact and conclusions of law for the variance to the 20 foot landscape setback by Roger Michener at 519 E. Fairview Avenue. Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to have the attorney draw up the findings of fact and conclusions of law for the variance. Any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Council do you want to drop to item 16 and take the late comers agreement? Morrow: I don't have an objection Mr. Mayor. • HUB OF TREASURE VALLEY • WILLIAM G. BERG, JR., Clty Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., Clty 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" CORDON, 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 Works/Building Department (208) 887-2211 Motor Vehicle/Drivers 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 MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH 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: August 29. 1997 TRANSMITTAL DATE: 8/26/97 HEARING DATE: 9/2 /97 REQUEST: Variance to 20 foot landscaae setback BY: Roger Michener LOCATION OF PROPERTY OR PROJECT: East of 1st Street and across from Jackson's Conv. Store JIM JOHNSON, P/Z MALCOLM MACCOY, P2 RON MANNING, P2 BYRON SMITH, P/Z KEITH BORUP, P/Z 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 NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRE M & FIN PLAT) BUREAU OF REC 10 RELI & INAL PLAT) CITY FILES ~ ~ _ YOUR,CONCISE fi=t - 4 i'~~r WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., Clty 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 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/Drivets License (208) 888-4443 ROBERT D. CORRIE Mayor r'OUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMI ION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH 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: August 29. 1997 TRANSMITTAL DATE: 8/26/97 HEARING DATE: 9/2 /97 REQUEST: Variance to 20 foot landscaae setback BY: Roger Michener LOCATION OF PROPERTY OR PROJECT: East of 1st Street and across from Jackson's Conv. Store JIM JOHNSON, P/Z MALCOLM MACCOY, P2 RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z 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 NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT -.,~,r,y ~` IDAHO POWER CO.(PRELIM 8~ FINAL PLA'1~f I~ ~~ U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES ~ ~ ~ ~ /) OTHER: "I YOUR CONCISE REMARKS: ~ ~~ `~ ter NFRIDIAl MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 2 1997 APPLICANT: ROGER MICHENER ITEM NUMBER: ~- REQUEST: PUBLIC HEARING: REQUEST FOR A VARIANCE TO THE 20 FOOT LANDSCAPE SETBACK AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: n MERIDIAN SCHOOL DISTRICT: f~ MERIDIAN POST OFFICE: jU~ ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: J)r CENTRAL DISTRICT HEALTH: lJ NAMPA MERIDIAN IRRIGATION: SETTLERS fRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: P°~ ~~~~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian.