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Ritter, William VAR
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 CITY OF MERIDIAN RONALD R. TOLSMA EE C GLENN R. BENTLEY 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: September 30. 1997 TRANSMITTAL DATE: 9/17/97 HEARING DATE: 10/7 /97 REQUEST: Variance for an off premise sign BY: William T. Ritter D.D.S. LOCATION OF PROPERTY OR PROJECT: 317 W. Cherrv Lane JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P2 BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C _CHARUE 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 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) NAME: W~ ~~lQ/Y1 ~ ~ l ale. ~ . ~ ~ S (Owner or holder of valid option) ADDRESS: GENERAL LOCATION: OF~ Phone: Sc~'~ - O~~ ~ f~~~ y G~rl/~ /D~i~/ LEGAL DESCRIPTION OF PROPERTY:. ~a ~~' 03(~g OF N~ ry, NE yy o F ~ c R ~ A~_ Stc. -'Z- 3 N 'I w PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: 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 pafcel(s) proposed for a variance must be attached. (This information is available from the County Assessor. ) DESCRIPTION OF PROPOSED VARIANCE: ~~ ,~Ei~'~~c~" ~X~~~ST//~~ S/ ~ ~/ Cad 1J~6 ~ ~~if/~~7.~' Gr~,Of~7 ~,d ~~it,~ SIGNATURE: CITY COUNCIL RECORDS Date Received Received by, I.JILLIAM T. BITTER 5g2q UJ, BURNTREE C7` BOISE ID. 83784 2q8 -- 322-2885 KIM CHERRY TRUSTEE CAN--ADA RD. STAR, IDAHO 83669 278 -- 286-7323 APPLYING FOR VARIANCE • PROPERTY OWNER l"HE REASON WE ARE APPLYING FOR THIS SIGN COVERAGE IS TO ADD NEW DENTISTS CURREhdTL'f UJORK:TPdG AT 317 W. CHERRY LANE, ALSO TO INCLUDE THE DEN1`fkL LAB, 5CAREBRTCK LAB THAT GJILL BE LEASING SPACE IN THE NEW BUILDING WHEN COMPLETE:O IN NOVEMBER OF 1997. WE ARE ALSO LEASING SPACE ON "1`hiE SIGN TO OTHE"R TENAN"rS CURRENTLY LEASING SPACE FROM THE CHERRY'S, AT 313 W. CHERRY LANE THIS WILL CLEAN UP THE MOBILE SIGNS CURRENTLY PLACED IN FRONT OF THE BUILDING. WE ALSO NEED TO COMPET"E WITH THE HIGHER SIGNS PLACED ALL AROUhdD US BY OTHER COMPANIES. OUR PATIEtdTS ARE CURRENTLY COMPL.AIN.ING THAT "THEY ARE UNABLE TO LOCATE OUR BUILDING WITH OUR CURREN`1" SIGN COVERAGE. WE FEEL THIS SIGN IS GREATLY NEEDED Ih! OROER FOR UUR B~.ISINESS TO CONTINUE TO GROW Ito "I"HE COMMUNITY. ~I/-~~ 9-~ -g7 WTLC.OW TREF_" DEhJTAL 3:17 W. CI-TERRY LANE. MERIDTAN,ID 83642 2~s - 88s--2055 C~ 12. SIGN CAN NO'f BE: PLACED ON THE PROPERLY CURRENTLY OWNED BY WILLOW TREE DENTAL, WILLIAM T. RTTTER D.D.S. BECAUSE THE PROPERTY TS LOCATED OFF THE STREET AND TS BEF1ThdD THE EXSTSTTNG BUILDING OGJNED BY THE CHERRY F-ANTI Y. WHEN THE PROPERLY UJAS ORIGINALLY PURCHASED FROM CECIL CHERRY TN hIAY OF 1990 THE. PURCHASE HAD ADDITIONAL TERMS AND CONDITIONS PLACED ON THE PURCHASE. SEE EXHIBIT "B" OF THE ORIGINAL DOCUMENTS. 1.3. WE ARE ASKING THE CT1'Y OF MERIDIAPd TO PE:RMTT US TO PLACE STGN COVERAGE OPd THE PROPERTY OWNED BY CHERRY TRUSTEES ACCORDING TO PURCHASE AGREEMENT DATED MAY 5, 1994. THE PROPERTY TN WHICH WE ARE REQUESTING THE STGN TO BE PLACED UJILL BE REPLACING OUR EXSTSTTNG STGN WFiTCF•i L•JAS PC.ACED TN 1990. QUR OFFICE HAS EXPANDED TO FOUR DOCTORS AhdD WE ARE CURRENTLY EXPAPdDING QUR EXSISTIPJG BUILDING 3500 SQUARE FEET. WE I~JILL BE LEASING 150Q SQUARE FEET OF THE NEW RDDI:TTON TO SCARSBRTCh: DEidTAL LAB. OUR CURRENT STGN TS NOW INADEQUATE DUE TO THE PdEW MEMBERS OF OUR GROUP, ALSO THE COPIPANTES AROUND OUR EXS.ISTING BUSINESS HAVE ALI_ REPLACED SIGNS OR ADDED NEI~J SIGN COVERAGE WHICH ARE ALL OFF THE CaROUND SIGNS. WE HAVE HAD NUMEROUS STTUAl~TUNS l"JT-fH NEW PATIENTS NOT FIPJDTNG OUR BUSINESS DUE TO THE OTf-TER BUSYNESS SIGNS TOWERING OVER OUR CX5ISIPdG SIC7N. NE:W PATIENTS HAVE ALL COh<iP'IENTED Ohd THE V.TSIBLTTY OF THE CLlRRENT STGN. WE FEEL `THAT OUR COMPANY AND THE NEW BUSINESSES htESIDIhdG IN OUR FACILITY UJTLL ALL BE FEELING THE HARDSHIP IF WE ARE UNABLE TO PLACE PdEW SIGN COVERAGE TO ADVERTISE QUR LOCATION. 16. WE REALIZE THAI` 1`f-IE SURROUNDING BUSTNESSE'~ ARE CURRENTLY OIJNED BY THE OCCUPANTS PLflCTNG SIGN COVERAGE. OUR PURPOSE ZS SOLELY TO COMPETE WITH ALL °fHE EXSTSTTNG CHANGES TAKING PLACE AROUND OUR FACILITY. QUR BUSYNESS IS LOCATED OFF THF_ STREET (CHERRY LANE) AND I~JE DO NOT HAVE ANY STREET FRONTAGE. 7"HE BUSINESSES THAT ARE GROWING AROUND US ARE CURRENTLY OBSTRUCTING OUR VZSZBZLTY OF OUR LOCATION. SO WITHOUT FRONT SJ:GN COVERAGE OUR BUSINESS WILL FIAVE INCREASING PROBLEMS WITH PATIENTS FTNDTPdG OUR LOCATION ALSO WITH RDVERTTSTNt3 OUR OFFICE. • I~JILI OI,~ TREE DEPdTA1- 317 (r,l. Ch•1ERRY LANE MERIDIAN, ]IDAHO R3G4 2O8 003--2055 WILLOW TREE DEPd7AL, OR, I~J.ILLIAM l'. RII~TER,G.D.S AGREES TO PLACE A SIGN SUPPLIED BY CITY OF MERIDIAN TO STATE HIS INTEPJTION TO CONSTRUCT A NEW SIGN TO REPLACE_ HIS EXSISl`ING MONUMENT SIGN. HE WILL PLACE THIS SIGN IN PUB!_IC VIEWIh!G FOR SEVEPJ DAYS PRIOR TO CITY COUNCIL MEETING DATED acTO~ER 7,~.ss7. I / M• 1 { ~ • LEASE B .EN LIR. Wl'lL1AM 1~. ftl'Fl'f'Ft.li.U.:~ I1N[1 f~1M CFICIikY ffi0f'tk~fY OWNER. AUGUST 25.1997 T KIM G~HERRY AGREE TO I.E.ASE: 1'HF. ;cMA(.( SEC1'IUN OF f'kOPEFtTY CURRENT"l.Y LQCATEO TO THE RIGHT OF 3©3 I~FES'f' CFIC:RRY LANE IN M(:RTC):CAN.'f0 AR. WTLLTAM T. RITTER FOR THE SUhf OF" x:1.00 PEk YEAR TO PLACE SIGNA(iE FOR HIS DENTAL BUSINESS. OR .• R:C'fTFR I~J.CLL [3E RESPUNS'Cf31.E Tl) MA:CN'fA:fN THr STGN ANU 7HE LANUSCAPTNG UT'RECT'LY AKOUNU ~iHf STC;N. 4JILLIAM T. RITT R, .S ' --•~ KTM CHERRY, OWNER ~~~iw/ T~~~ ~~ ~~~x.~cY ~~~ ~~ T ors r \ ~ r ~ • \~ ~~ EXHIBIT "B" AnnITIONAL TERMS AND coNtiiTI4Ns 1 . This Agreement is sub ject to the lluyer being able t~~ obtain finbncing acceptable to him an the property which is the subject of this Agreement as well a$ the improvements which the Buyer intends ip place on said property. Should he be unablo to do so; this Agreement shall be null and void. and the Seller will return the guyar'e earnest money. 2. When and if Sel]er chases to svl] parcel 1, as shown an Exhibit "C", Yre shall first offer to sell said property tc- Auyer in writing for the same selling price. at which Seller intends ~to list the property with a realtc~r~ minus the realtor's fee. Buyer shall have fifteen (1~) days from the date of receipt of said offer to sell, within which to notify Seller in writing of Buyer's acceptance of such offer. B~iyer shall then have thirty ( 30} clays to enter into a formal Agreement to Purchase the pro- pexty under terms ar,cl ronclitions mutually acceptable to both Buyer and Seller. In the event Buyer dyes not accept said otter tca sell by giving the reyuired notice within fifteen (1~) drys and entering into a formal purchase agreement within thirty (30) days tY~ereafter, Seller shall have no further ok,ligation to offer said property to Buyer, and shall be free to 1 i st t}~e property with a realtor or otherwise sell or transfer his interest in the pro- perty. 3. The Seller shall grant to thR 8uy~er perpetue.l ease- ments which shall run with the land fc~r utility purposes and for ingress and egress to and from the property which is the sub feet of this Agreement. Said easements shall be located in approxima- tely the same locatior7 ab tl~e current driveway. The easements shall be maintained by s~,rh of those property owners using the easement proportional to the area cif land which hc~ or eho owns. # _''; e~~e~,,AS,~,:, ~ ~ r ~~`~t..~• ~.._1.t... ~~_...~na~rs $ ~ -~i 1 1 hive d' a +~ an e~ ire the f~atur~ c'C t h ~ _ pis r re #~ ~. fit! `3. y n`a`"`~ esa~ tits ~~ L xYi ~ b i l t ~,~~' t ocaa etna . ~-.,~r,n~~ ' ~'. to ' accomrsoc9arte rser~t "C" ; When Lhs t oCCtsY a r 1~.,,'~l~t°a~t~st~.....arg~"8~y~~` ~.r:. 5. This Agreement is contingent upon the representation of Seller that the proPorty ins zoned so that the L+uyer may Construct r, dental office building on the property. Yf the pro- perty is not zoned irr this mar,r,er tf,is Ayresemant shall be null and void a»d the fieller sha]1 return the Buyer's earnest money. 6. Buyer will finish black topping the area for parking on parcel 3 in Exhibit "C" and wit] run a paved roadway along the west end of said parcel 3 which eha]] lie one-half o» parcel 3 and • Extribit "B" - Pg. 1 ~• • ~ • .. ` c.~~e-help on parcel 1. Buyer shall nay frr the cost of installing ,- the paved roadway which lies on parcel 3 and Seller shall pay for the cost of installing the. roadway which lies on parcel 1. It is undezstoocl and agreed that it will be necessary for Buyer to tear up the black topping along the west edge of parcel 2 on Exhibit "c" for uti]itieg and Seller will pay for the cost of reinsttslling the black topping on this parC of thQ roadway. ' 7. Euyer agrees to maintain the 1>roparty in gaoa con- dition, Hormel-wear and tear excepted.. 8. If any of the provisions of this Exhibit "B" conflict with the arms anA conditions of the printed ReAI Estate Purchase and sale AgteemRnt and• eceipt for Earnest Money to which this Exhi it s attar ~d t e provisions of this Exhibit "A" shall co o .--- ~ _ ~f~~~ =yp . .~ er Date Se sr - Aate __ _ T Seller Date 4 Exttiibit "a" ~ ry. 2 •.cAL ESTATE PURCHASE AND~ALE AGREEMENT AND RECEIPI~R EARNEST MONEY ' THIS,IS A LEGALLY BINDINt3 CONTRACT. READ THE ENTIRE DOCUMENT CAREFULLY BEFORE SIONIN(i. ` IF YOU HAVE ANY QUESTIONS, CONSULT YOUR ATTORNEY BEFORE SI(3NINa. ~1 Meridian • ,Idaho May 1a~.4-- Wi l l i am T Ritter , a S irEg l e man (hareinauercaued'•Buyer") agrees to purchase, and the underalgned Seller agrees to sell the following property located in Me r i d 1 an County of Ada Stela of Idaho, commonly known ae n a - legauy described as: See Attached Exhib~ "A" - (A FULL ANO COMPLETE LEGAL DESCRIPTION MUST BE INSERTED, OR ATTACHED HERETO PRIOR TO EXECUTION'BY SELLER. Buyer ftsroby aulhorl:ee Broker to Insert over Buyers slgnalure the correct legal descrlpllon of the propurty if unavailable al Iha Ilme of sipning, or to cerrocl the toga/ descrlpllon previously entered II erronltous or Incomplete.) 1. EARNEST MONEY 500 ~ 00 (a) Buyer hereby depoalls and i. recelpl la hereby acknowledged of Five Hundred Dollars Ii ) evidenced by C1Cash, xlPersonal Check, ^Cashlers Check, ^Note Due , ort l (b) Earnest Money to be deposited In trust aocount,xlupon acceptance by all parties, orl I , 19 ,and shall be held by L1 Listing Broker, L1Salling Broker, ^Olher Seller for the benefit of the partlea hereto, an 11 a (Broker- shall hold the fully executed broker's copy of the agreement , (c- II all condltlons have been met by Buyer, Buyer and Seller agree Ihat the earnest money (less credit report tees, and any other Buyer's coals) shall De refunded to Buyer In Iha event Iha Ilnancing contemplated hereln by Buyer Is not obtainable. 2, TOTAL PURCHASE PRICE IS FOrty Five ~hQusand ,~Il~ NO~~00--^-------------- -"'----'-- --------------------------------DOLLARS (S 45 OOO OO )payable asfollowa: (a) S 1 000 00 Cash down, Including the above deposited Earnest Money. (b) = 44 000 00 ,_- Balance of the purchase price which will be paid as lollowa: At closing the Buyer will pay to Seller in cash, the___balance of the purchase price in the sum of $44,000.00: 3. This agreement is conlingenl upon Buyer qualllylnp for: f 1FHA, L'VA, ~{Conventlonal, l IFmHA, L11HA, 1 IAssumptlon of exlsling loan(s1. ~, (a-~1NEW FINANCING Purchase loan of not leas than = ' 1 ~yl % interest par annum. (II FHA or VA loan Is sought, read the applicable provlaione on the revorsa aide hereof.) Buyer to pay no more than points plus originallon lee, II any. Seller to pay the points necessary in order to obtai~t above described Inleresl.rale but points not to exceed (b) I"IASSUMPTION of existing loan of approximately S al no more Than % Interest. 4. This agreement Llis, X'is not contingent upon the sale and closing of on or before listed with 5. 11 there are contingencles staled herein, Seller shall/:/, shall not(], have the right to continue to olier the property for sale. (11 the property la to rertlaln on the market, provisions In paragraph 1 on page 4 will apply. 6. The following items are specifically EXCLUDED IN the sale: n a The following Items are apecilically INCLUDED IN the sale: ee ttac a Ex it B 1 2 3 4 6 8 7 8 8 10 tt 12 13 14 15 16 17 18 le 20 21 z2 23 24 25 Z8 27 28 ?s 30 31 32 33 3, 35 38 37 3e 38 COST6 PAID BY: Costa in addition to those listed below may be Incurred by Buyer and Seller. Any coals or fees necessary to the closing of this Iraneacllon shall be borne 40 50% by the Seller and 50°k by the Buyer, unless otherwise agreed hereln, or provided by law or required by lender. Buyer shall purchase Seller's reserve eccounl fl loan 41 Coals Appralaal Loan Aasumpllon Well ~ Pump/InspeCl Cily/County Code Document Preparation Repaln Survey Paid By p e Inspection Septic InaDeclion Fee BUYER X t NIA X X X X X SELLER X Buyer shall pay for fuel In lank, amount to be determined by the supplle! at ~eners expense. Discount points to be paid as agreed herein. As a result of any city or county inspections, Seller MAY BE REQUIRED TO MAKE REPAIRS to the properly in order to comply with the housing code and further agrees to hold the Buyer, the Listing Broker, the Selling Broker, and/or (heir representatives harmless for any such required repairs or upgrades WHETHER OR NOT A SALE IS COMPLETED UNDER THIS AGREEMENT. Coal of repairs not to exceed i n a Any Ilona, encdmbrancos of defects which are to be discharged or asaymed by Buyer or to which title la takon subJecl to (not otherwise eel forth heroin) are: Property to be free of env encumhra cog - 8. The parties agree Ihat Stewart Title Company shall provide the title policy and preliminary report of commitment required hereln. 8. Ii a long term eacrowlcollecllon is involved, the escrow holder shall be Stewart Title Company of Idaho Stewart Title Comnneny of IdahQTha Broker 10 CLOSING. II Is hereby agreed Ihet the ''clwing agent" for lhl• Iraneaclion shall ~ On or before the closing date, Buyer a d Seller shall deposll with the closing y•• reeponslble for closing Is agent all funds and Inalrumenta necessary to complete the sale. The closing date shall be on or before June 15 . 1990 Pepe Iwo of # lour pw~ form ipalbr's Mlltala I I I 1 WN puyePs Inltlals 1 1 I, 1 WN ' 43 44 45 48 47 4S Iff 60 al b2 fi3 54 56 67 60 and taxes and water tltttweemenla (uiing the C LO S In 1 , .,JN. Seller shall deliver pouesslon to Buyer on or halo 2 vallable aaesemenl w a batls-, rents, Insurance premiums eat and reserves on loans, Ilene, or obligations assumed en subject to, and utilltlea shall be . c to s ins except: prorated u of 3 q The Iollowinp additional terms and conditions apply' o this agreement: 12 . S'ee Att c 5 s 7 ' 8 9 Tlme 5 ' nn l_IAM, X1PM, Io accept Ihls oiler. Unless MSY 19 ZQ 10 _, 13. ACCEPTANCE. Seller shall have until 11 accapled, Ihia otter shall lapse and the Broker shall return the Earnest Money to the Buyer. Listing Brokerage: Selling Brokerage: 12 13 By Phone By Phone - 9uyer Buyer's Address: - t4 Buyer Buyer's Phone: Residence Buaineso 15 18 CHECK ONE: 17 t (ACCEPTANCE OF OFFER TO PURCHASE: Seller hereby ACCEPTS the toregoing oiler on the terms and conditions specllied herein. [ (COUNTER OFFER: Seller hereby accepts the toregoing oiler SUBJECT.TO the exceptions or modllicallona as apecitied below or In the attached Addendum, and presents t8 said COUNTER OFFER for Buyer's acceptance. Buyer shall have unlit , t9 Time t.]AM, (:IPM 19 to accept Iha terms specified below: 21 22 23 24 Oats , 19 ,Time OAM, C7PM. 25 Seller's Address: ~ Seller ~ Seller Seller's Phone: Residence Business 27 BUYER ACCEPTS THE COUNTER OFFER. Data --, 19 ,Time C7AM, l IPM. 28 29 Signature of Buyer Signature of Buyer ~ 31 STATE OF IDAHO 1 32 County of ) On This day of 19 belore me, the undersigned, a Notary Public In and for Bald Stale, peraonally 33 appeared known to me -o be the person(s) who signed Ito attached Instrument 34 35 as Seller(s) and acknowledged to me that ( )he( )executed same. IN WITNESS WHEREOF, I have hereunto sal my hand and afllxed my seal the day and year Ilrel above wrlllen. ~ NOTARY PUBLIC FOR IDAHO Residing al ,Idaho My Bond Expires: ~ 19 COMMISSION. The undersigned hereby agrees to pay to: (Brokerage) a commission of as consideration for the etlorls In procuring a Buyer. The commission shall be payable at closing or upon delault by Seller which precludes closing. The amount or due dale Ihereot cannot be Changed without the prior wrlllen consent of the Listing and Selling Brokers. II We lurther acknowledge receipt of a true copy of this agreement with the complete lapel description of the properly inserted and signed by all parties. ~~ Date Signature of Seller Oate Signature of Seller Date DOCUMENT RECEIPT: Broker le required to furnish Buyer and Seller with copies of the agreement bearing all signatures. (One of the following alternatives must therefore be completed.) t lA. IIWe acknowledge receipt of a true and complete copy of the torQyoing Agreement bearing ell signatures: SIGNATURE OF SELLER(Sj SIGNATURE OF BUYER(Sj Oa1e Dale Data CIB. I personally caused a Ilnal copy of the toregoing Agreement bearing all signatures to be malted on r y•: Mall and return receipt requested Io the C]Seller, C7Buyer. 8eM by 37 38 39 40 41 42 43 44 45 48 47 48 48 50 81 82 63 19 by Cerlilted ~ ti6 58 Papa Ihree of a lour papa lorm 8ellw's Inlll~ls ( 1 I 1 Date ~~ ~ .~, ~ , ._ Buyer's INlbb b7 Dab ~ • ~ • J~ i ~ ~ y Q~~ ~ .~ j / w ~ ` z ~ ~ ~ ~ ?S 4f ~r /,3.5.~ w ,. .Sa,r,~ ~ ` ~ ~ ~ 4i ~ ~ GP ~ rr h- ~ ~ h t~ ~ N '~ `~ 'd' '` , t ~ ~i ~ h• 1 N U ~ ~ ~ `~ e ~ ~' ` ~ ~ ~ ~ ~ ~i ~ 4 • 4 , M . 4 ~ ... . . ~pyaoh- 1`1 ' ~~ n - ~ ~ ~ Q.. `Ns 9~ ~ ~ o SDk ~`t P ~S j1 o 1 tt- t~ • . ~ c` ~ v,. ~ J N ~~ . . 0~ ~ H .fi W °,.r T~lTrll D fAr. ~ ~ • APPLICATION AND STANDARDS FOR VARIANCES A variance from the terms of this Ordinance shall not be granted by the Council unless and until a written application for a variance is submitted to the Administrator and the Council. Provide a written narrative containing, where applicable, the following outlined information: /1. Address of subject property. ~L. ~ Name, address and phone number of applicant. :~~ Name, address and phone number of owners of subject property. Proof of ownership or valid option on the property or a contract interest therein with consent of the titled owner. t..-~S:J~ Legal description of sui~ject property. Present use of subject property. ~~-~ What is intended to be done on or with the property. ~- The district that pertains to the subject property. /2~ Vicinity map at a scale approved by the Council showing property lines, existing streets, proposed district and such other items as may be required. ~/ Schematic building plans which indicate typical elevation and floor plan of any proposed construction. 11. A list of the mailing addresses of all property owners (from authentic tax records of Ada County) within three hundred feet (300') of the external boundaries of the land being considered and a listing of the mailing addresses of all property owners within the area of the land being considered. (~~ ~~ l~ ~/ I ~~~~ J ; d 12. Characteristics of subject property which prevent compliance with the requirements of this Ordinance. 13. Minimum requirements of this Ordinance that need to be reduced to permit proposed use. Difficulty or hardship which would result if requirements of this Ordinance were applied to subject property. 15. Unusual or peculiar circumstances which indicate that regulations of this Ordinance should not be strictly complied with. 16. Statement that special conditions and circumstances exist which are peculiar to the land, structure or buildings involved which are not applicable to other lands, structures or buildings in the same district. i' Y 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. 18. Statement that special conditions or circumstances exist that were not a result of the applicant's action. 19. Statement that granting the variance requested. shall not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district. 20. Relationship of the proposed variance to the Meridian .Comprehensive Plan. 21. A fee established by the Council - ~'~~}~,) ~,,, I - b,11 ~ -~r~ ~n~~; ~~~ s ~ ~i-hl~~c~~~~~~ ~~~ ($250.00 + $1-29 for each certified mailing to be sent =Total Fee) 22. A statement of how the granting of the variance would convenience the applicant and how the applicant would profit therefrom, which statement shall also represent whether profit and convenience is the sole reason why the variance is requested. 23. The property will be posted 1 week before the hearing stating that the Applicant has applied for a Variance. There must be a signed affidavit that this has been done as part of the application. 51201449305 GENERAL COUNCIL CHURCHES OF GOD INC HEADQUARTERS 1827 W 3RD ST MERIDIAN ID 83642-1653 51201449010 HOFF AGNES M MERIDIAN CHERRY LANE MH PARK STEVEN CADY 5120 W CHERRY LN MERIDIAN ID 83642-5366 51201449200 THURGOOD KEITH J & CATHIE 236 W CHERRY LN MERIDIAN ID 83642-1607 51201449500 WEST ONE BANK IDAHO U S BANCORP 555 SW OAK STREET PL-7 (TAX) PO BOX 4412 PORTLAND OR 97208 51212110350 MERIDIAN CORP CHURCH OF JESUS CHRIST OF LDS REAL ESTATE DIVISION 50 E NORTH TEMPLE SALT LAKE CITY UT 84150-0002 51212120700 SAMS R BARRY 403 W CHERRY LN MERIDIAN ID 83642-1610 51212110374 MILLSTREAM PROPERTIES L L C 3865 WASATCH BLVD # 314 SALT LAKE CITY UT 84109-3865 51212120610 POE ROBERT E & BERNICE K TRUST 1617 W 04Tx MERIDIAN ID 83642 51212120620 LOWS RORY W & MARY G 1607 W 04Tx MERIDIAN ID 83642 85702760080 OLSON KATHLEEN L 1482 N MIDTOWN ST MERIDIAN ID 83642-2173 U NOTICE OF HEARING • NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on October 7, 1997, for the purpose of reviewing and considering the Application of William T. Ritter, D.D.S., for a Variance for land located in Parcel #0368 of NE %4, NE %4 of Exc RNV Section 12, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located at 317 E. Cherry Lane. The Application requests a variance for an off premise sign. A more particular legal descrip#ion of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 19th day of September, 1997. ANN K. DOTY DEP CITY CLERK PUBLISH September 19 and October 7, 1997. ~j ~~~Gt. C e e x S/ 5 Ti'~/~ S i ~G ~./ - GU//1/ECU ~'6 ~tJ ~4 7'7~C/~~A /1/~~ 77 ~.O,O 9l/~J .~~J1/T7STS .~ d~.~-rte /5z-~ ,C~~i~i ~~ ~,D ,. ~~/ZJ,~G L~ . AG-SO /~/~''GUt,o~ C~j~ L/~.~25 /i~ ~~~ ~•~~X' /~ ~~ E~ ~ t ,, _ _.. ~~:__ C~`i___ f i • ~ aaaawaa a. auaava,awu~a, ,p Del Provant, la.as., ~ s David C. Green, aas w` Hyatt T. Seth, uns. ~~~ U. Otto FLOSS, Qas. k:. ~ ~ ~ . ~; ~ E ~ ~ i ..~; D/F Plex Cab Pylon Display scale: i/2' = r-0• L Sk~ A G &. N A R 4 ~: IY. A 4! N: 4 0$ P~ O$ A T $ B I `^• ~ ~ I ' ~~~ Q.'b'd?J ('~,Ilclt~YV ._. ~ .~ ~ 0 ~ U ~n .. ~~~ ~ F~~ ~ " ~ ~~ _, +, ;. 1- 'k ~i it I~ a F~ ~ ' ~~~ ~,. it i ;, . .I ~~ ~- ~~ ~ '1-s ~ l-i 1.~~M Meridian City Council October 21, 1997 Page 6 and the chain link fence screening inserts as testified to by Ed Pierce in his presentation. Rountree: Second Corrie: Motion made to approve the findings of fact and conclusions with striking item 17 and inserting the comments about the City requiring improvements by the landscaping and seconded, any further comments? Roll call vote ROLL CALL VOTE: Morrow -Yea, Tolsma -Yea, Rountree -Yea, Bentley -Yea MOTION CARRIER: All Yea Corrie: I will entertain a motion for the decision. Rountree: Mr. Mayor, I move that the City Council decides the variance to the requirements to provide curb, gutter, sidewalks and the requirement fora 20 foot planting strip by Lumberman's is granted provided that Lumberman's submit and continue with their pledge in the testimony to do landscape improvements and improvements to the yard fencing. Morrow. Second Corrie: Motion made and seconded on the decision as read, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR AN OFF PREMISE SIGN BY WILLIAM T. RITTER, DDS - 317 W. CHERRY LANE: Corrie: Council, you have the findings before you, any discussion or comments? I will entertain a motion for the findings. Morrow. Mr. Mayor, I would move that we approve 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, Tolsma -Yea, Rountree -Yea, Bentley -Yea Meridian City Council October 21, 1997 Page 7 MOTION CARRIED: All Yea Corrie: Entertain a motion on the decision? Bentley: Mr. Mayor, it is decided the application for variance to the off premise sign prohibition by applicant William Ritter is granted provided the sign is constructed exactly as depicted in the plans submitted. That it is no taller, no wider and shall not have any business listings lower than 10 feet from the ground. Morrow. Second Corrie: Motion made and seconded on the decision as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR TURNBERRY SUBDIVISION BY BENCHMARK LAND CO.: Morrow. Mr. Mayor, with respect to Turnberry Variance I am going to ask for a table on that because at this point in time there is a conflict between Briggs Engineering and their calculations with respect to the diameter of pipe and Nampa Meridian's calculations. They have talked to City Engineer Smith, I ~nrould ask him at this time to explain the just of that conversation. We have not received anything in writing from them so I am hesitant to approve of disprove anything without seeing that in writing. Smith: Mr. Mayor and Council members, I talked with John Anderson Monday morning to request clarification on a letter that was written to Mayor and Council concerning a letter written by Nampa Meridian to the Mayor and Council concerning this variance request. I did that because the letter we received from them was not specific in the reply as to whether or not this ditch could be piped with 48 inch pipe and carry the amount of water. John Anderson subsequently visited the site and took some elevations and called me later Monday afternoon to say that it was his opinion the pipe could be 48 inch diameter and perhaps smaller and carry the flow in the ditch. There is a question or was a question as to the status of a check up structure about 250 feet south of this properties northwest comer. Mr. Anderson informed me that check up structure is not a weir but it is simply a structure used to raise the water level, to slow the velocity of the water down in the ditch to prevent erosion. The ditch could be piped to the northwest comer of this property and that structure could be removed. With the removal of that structure the allowable head across the length of the south and west boundary of this property increases approximately twice of what was originally was calculated or what was used by the engineer in calculating the required pipe diameter. He was writing a letter to me, dictating a letter as we spoke Monday afternoon. I have not received the letter, I called this afternoon and only got their answering machine and left a message for him to fax me a copy of the letter and I didn't receive a reply. • MERIDIAN CITY COUNCIL MEETING: OCTOBER 21.1897 APPLICANT: WILLIAM T. RITTER. DDS ITEM NUMBER: 8 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS i~ IF ~° d ~5,~ J~ ~~~~ r~ G~`~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • • BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF WILLIAM T. BITTER, D.D.S. FOR A VARIANCE TO ALLOW AN OFF PREMISB SIGN FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on October 7, 1997, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for October 7, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 7, 1997, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E. , 11-2-419 D. , and 11- 9-612 B. l.b. of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. 3. That the property is zoned L-O (Limited Office District). 4. That the Applicant's application states that the FINDINGS OF l~'ACT & CONCLUSIONS OF LAW - PAGE 1 VARIANCE - WILLIAM T. BITTER, D.D.S. • • Applicant is requesting a variance for an off premise sign at 317 W. Cherry Lane; that Applicant is currently operating a dental office at 313 W. Cherry Lane; that Applicant's office is located to the rear of the property without any street frontage; that businesses are expanding around Applicant, obstructing visibility of Applicant's office; that Applicant would like to replace the existing monument sign coverage with a new sign that is higher, lists new tenants, and is on the street; that the location is off the premises, bu't that it is necessary to give Applicant's business the visibility needed for patients to locate his office and to compete with surrounding businesses. 5. The property in question is described in the variance application and is incorporated herein as if set forth in full. 6. That at the public hearing, the Applicant testified that he would like to replace his sign that has been there since 1988 to include the other dentists in his practice; that the new sign will direct patients back to the building as well as provide signage for other tenants in the area. 7. The Planning and Zoning Administrator, Shari Stiles, commented that she has no problems with the structure of the sign so long as it meets the setback requirements and that the height of the sign is about the same as another that just went in on the corner. That the Applicant already has a sign there, and so this is a unique situation since he is just replacing the present sign with a larger one. 8. That the Applicant has the consent of the property owner. FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 2 VARIANCE - WILLIAM T. RITTER, D.D.S. ` ~ • 9. That the City Engineer, Meridian Fire Department, Ada County Highway District, Nampa & Meridian Irrigation District, and the Central District Health Department comments, if any, are incorporated herein. 10. There was no further testimony at the hearing, 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 ofdnotice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Planning and Zoning Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That Section 11-9-415 C. of the City of Meridian Zoning Ordinance, which is pertinent to this application, states as follows: PROHIBITED SIaNB FINDINGS OF FACT & CONCLUSIONS OF LAW - SAGE 3 VARIANCE - WILLIAM T. RITTER, D.D.S. • The following activities and types of signs shall be expressly prohibited in all districts except as otherwise provided by this Ordinance: 6. Off-premise signs 6. That the following provision of Section 11-2-419 A., of the City of Meridian Zoning Ordinance is noted which is pertinent to the Application: 2-419 A GENERAL 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. 7. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: 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 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; (Ord. 430, 4-2-84) 2. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the owner, subdivider or developer because of unusual FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 4 VARIANCE - WILLIAM T. RITTER, D.D.S. • topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Ordinance unreasonable under the circumstances, or that the conditions and requirements of this Ordinance will result in inhibiting the achievements or the objectives of this Ordinance; (Ord. 592, 11-17-92) 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; and 4. That such variance will not have the effect of altering the interest and purpose of this Ordinance and the Meridian Comprehensive Plan. 8. That regarding Section 11-2-419 C. it is specifically concluded as follows: a. That there are such special circumstances or conditions affecting the property that the strict application of the off premise sign prohibition of this Ordinance would clearly be impracticable or unreasonable in that Applicant already has a sign in that same location; that Applicant's business is located off the street, without any street frontage; that with businesses going in all around Applicant's business, his signage is presently inadequate in location, size, and it does not presently have room to list all tenants, which the new larger sign could do, ridding the area of a cluster of various signs. b. That strict compliance with the requirements of this Ordinance would result in extraordinary hardshig to the owner/Applicant because his business is located off the street without any street frontage, his sign is currently too small, obstructed by surrounding development, and is constructed low to the ground, which does not permit the visibility needed for continued growth of Applicant's business, making strict compliance with this Ordinance unreasonable under the circumstances. c. 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; and FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 5 VARIANCE - WILLIAM T. RITTER, D.D.S. • • d. That such variance will not have the effect of altering the interest and purpose of this Ordinance and the Meridian Comprehensive Plan. 9. That it is concluded the Application for variance of the off premise sign prohibition of the City of Meridian Zoning Ordinance be granted, provided that the sign is constructed exactly as depicted in the plan submitted, that it is no taller, no wider, and shall not have any business listings lower than ten feet from the ground. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby approve these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW VOTED COUNCILMAN TOLSMA VOTED COUNCILMAN ROUNTREE VOTED COUNCILMAN BENTLEY VOTED MAYOR CORRIE (TIE BREAKER) VOTED FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 6 VARIANCE - WILLIAM T. RITTER, D.D.S. .~ • DBCISION That it is decided the Application for a variance to the off premise sign prohibition by Applicant William Ritter is granted provided that the sign is constructed exactly as depicted in the plan submitted, that it is no taller, no wider, and shall not have any business listings lower than ten feet from the ground.. APPROVED: DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 7 VARIANCE - WILLIAM T. RITTER, D.D.S. Meridian City Council October 7, 1997 Page 22 Rountree: I want the last word to thank Councilman Morrow for the civics lesson and the history lesson. To the project, I think the concept that the applicant has presented in terms of cleaning up the property and closing the yard, landscaping can do nothing but help that neighborhood. For that reason and those stated by Councilman Morrow I would support the variance. Morrow: That being the case Mr. Mayor I would move that we instruct the City Attomey to prepare findings of fact and conclusions of law for the variance requested by Lumbermen's Building Center. Bentley: Second Corrie: Motion made and second to instruct the City Attorney to draw up findings of fact and conclusions of law, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea FIVE MINUTE BREAK ITEM #10: PUBLIC HEARING: REQUEST FOR A VARIANCE FOR AN OFF PREMISE SIGN BY DR. WILLIAM T. RITTER, DDS, - 317 W. CHERRY LANE: Corrie: I will now open this public hearing. William Ritter, 317 W. Chevy Lane, Meridian, was sworn by the City Attorney. Ritter: Thank you very much, I have been in Meridian now as a dentist since 1988 and we started out the practice as an individual solo practice and I rented some space from the Cherry Family who owned the property. At that time H & R Block is currently on the Laundromat and a couple of other businesses in that building. My property is directly behind that. One of the things that was necessary in the purchase of that property was to have an easement so the patients could travel from Cherry lane to my property it would be continuous. And also continuous signage on Cherry lane so in which things development in which they have with H & R Block coming in that is going block us from the West. And of course US bank has come in across the street. What we would like to do is replace the sign that has been there now since 1988 in the current location since 1990. I am in the process of adding onto my building and I have three other dentist that are with me. So I feel like I need to have some signage out on Chevy Lane that will direct patients back to that area as well as provide signage for (End of Tape) the Cherry family is in agreement with this. We are also going to add to that one of the tenants that is in that area now. The hair salon and the nails, in the past they have had quite a few signs along there in different fashions and manner. I never thought it looks all that great but everybody seemed to get along pretty well so I have never really said too much about it. So basically what we want to do is we want to put a sign on the Cherry's property and I think that is why we need the variance. That is what I am proposing. Meridian City Council • • October 7, 1997 Page 23 Bentley: I see you have a scale on here and I don't have a ruler with me, what is the height of this proposed? Ritter: I can't tell you the exact height but it is very similar to the signs height wise that US Bank and also H & R Block have in front of their buildings. I think it is 20 some feet. One problem with leaving the sign where it is now and putting in a monumental type sign is that it is going to block the visibility of people entering and exiting so I think it could potentially be a hazard in that respect. Bentley: I am trying to see from your drawing, is this going to be right at the driveway? Ritter: It will be very close to the sidewalk, that is the current location of the sign that is there now. - - - Bentley: That is all I have thank you. Ritter: Thank you very much. Corrie: Anyone else from the public that would like to issue testimony on this variance? Hearing none, Council any further questions? Morrow: Mr. Mayor, I would like to have staff comments by Ms. Stiles and Mr. Smith. Stiles: Mr. Mayor and Council the applicant was requested to apply for the variance because he is applying for a completely new sign which is anon-conforming use. This is a unique situation in that they have already have that sign there. I would have no problem with this variance, I would hate to see someone else, Idaho Outdoor advertising could come in and request the same thing, get an easement for a dollar from somebody and claim that they had the right to put a sign there. To keep with the ordinance that is why they were required to apply for the variance. Morrow. Thank you, I have no further questions. Bentley: Shari, do you have any problems with the structure of the sign? Stiles: As long as they meet the requirements of Ada County Highway District as far as the setback for the site triangles if they can meet that. Twenty feet high is about the height of the new shell sign that has gone on the corner here. It is not quite like the sign that recently went up on Chevy Lane and it would be great if they could incorporate those other businesses because there has been a lot of A-frame signs sticking out on the front. Bentley: Thank you Meridian City Council October 7, 1997 Page 24 Corrie: Any questions for staff? Rountree: I have a question for Shari, on this variance it would be for this sign and no additions to this particular standard or would the variance allow somebody to come along and request the owner of the sign to put their shingle up there as well. Clear down to the landscaper. Stiles: If they get a variance and a sign permit it will be as they have presented it in their sign permit application. Corrie: Any further questions? I will close the public hearing. Morrow: Mr. Mayor, I move that we instruct the City Attorney to prepare the findings of fact and conclusions of law on the request by William Ritter, 317 W. Cherry Lane. Bentley: Second Corrie: Motion made and seconded that we draw up findings of fact and conclusions of law for the 21 ~ of October, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING: REQUEST FOR CHILD CARE/PRESCHOOL FOR 8 TO 10 CHILDREN BY TYIA LOFTON - 2261 EAST KATELYN: Corrie: I will open the public hearing at this time and ask the owner or representative of the Child Care and preschool to step forward. Is there anyone from the public that would like to issue testimony? David Olson, 2145 East Katelyn, Meridian, was sworn by the City Attorney. Olson: I won't take a lot of your time, I just want to state that I am opposed to allowing the day care at this location. The reason being is for the increased traffic that would be generated on Katelyn Drive. Katelyn Drive is not a through street so all of the traffic that comes to the day care would go through an intersection of East Chateau and Katelyn Drive and I don't speak in public really well so I am really nervous. The intersection right now is an unmarked intersection that is a three way unmarked intersection. There are a lot of children in the subdivision. By allowing ten people or ten children at a day care you could increase the traffic through that intersection of 40 cars a day. That is about (inaudible) And I think that is an awful lot for a residential subdivision. So I just want that to go on record and let you guys decide what-you want to do. Morrow. Question Mr. Olson, it is my understanding tho application that there are already (inaudible} they are asking to increase it by two children. • MERIDIAN CITY COUNCIL MEETING: OCTOBER 7 1997 APPLICANT: 1NILLIAM T. RITTER. DDS __ ITEM NUMBER: 10 REQUEST• PUBLIC HEARING• REQUEST FOR A VARIANCE FOR AN OFF PREMISE SIGN 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 IRRIGATIO~d: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED .COMMENTS SEE ATTACHED COMMENTS ~~ (~ ~ L t SEE ATTACHED COMMENTS !~ d~~~~ ~" n /1 OTHER: All Materials presented at public meetings shall become property of the City of Meridian. OFFICIALS HUB OF TREASURE VALLEY • . COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH City Treasurer A Good P1aCC t0 LIVe WALT W. MORROW, President , BRUCE DS l (~`1 RONALD R. TOLSMA yEE vITY OF MERIDIAN C STUART, Wat er Works Supt. JOHN T. SHAWCROFT, waste water supt. GLENN R. BEN7LE DENNIS J. SUMMERS, Parks Supt. 33 EAST IDAHO SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief Phone (208) 888-4433 • FAX (208) 887-4813 P bli W k ~~G><t(j JOHNSON, Chairman Gi ~/ W.L. "BILL" CORDON, Police Chief u c or sBuilding Department (208) 887-2211 MALCOLM MACCOY WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP SEP 2 31997 RON MANNING ROBERT D. CORRIE BYRON SMITH Mayor /~~ ~p~/~ ~.i ~ i OF a~i:A~l/>!!1~ 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: September 30. 1997 TRANSMITTAL DATE: 9/17/97 HEARING DATE: 10/7 /97 REQUEST: Variance for an off premise sign BY: William T. Ritter D.D.S. LOCATION OF PROPERTY OR PROJECT: 317 W. Cherrv Lane JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P2 BYRON SMITH, P2 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 8 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 8 FINAL PLAT) BUREAU OF RECLAMATIO (P LI 8 FINAL P T) CITY FILES ~ ~ ~ OTHER: ~ YOUR CO~ISE REMARKS: t • . •. WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., Ciry 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/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: September 30. 1997 TRANSMITTAL DATE: 9/17/97 HEARING DATE: 10/7 /97 REQUEST: Variance for an off premise sign BY: William T. Ritter D.D.S. LOCATION OF PROPERTY OR PROJECT: 317 W. Cherrv Lane JIM JOHNSON, P2 MALCOLM MACCOY, P/Z MARK NELSON, P2 BYRON SMITH, P2 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 MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION ?FCEIVlEC"j CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SEP ~ a 997 SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT}IT`~ MikA'IOlgr U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) OTHER ES ~V- / ~" YOUR CONCISE REMARKS: CITY ATTORNEY 5 ~ i i" ~ rli /U i S /L~v ~N CITY ENGINEER CITY PLANNER 7" ~- O /~ ~ O ,T ~ti n f- iS r`/ //~s/ r~r !i 9ile ~j/p~ • cc~n~c SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary September 23, 1997 Meridian Planning Department 33 East Idaho Street Meridian, Idaho 83642 Re: Application MV-08-07 at 317 West Cherry Lane The Ada County Highway District (ACRD) has reviewed the referenced sign application. ACHD staff have concluded the following: The District has no plans to widen this section of Cherry Lane in the near future. The proposed sign should be located outside the right-of--way of Cherry Lane. The proposed sign should be located a minimum of 13-feet from the existing curbline of Cherry Lane. This location will ensure that the sign is not an obstruction to driveway traffic. The submitted materials do not show the location of the proposed sign. Please ask future sign applicants to dimension their drawings so that we might better locate their proposed signs in the field. Please let me know if there are any questions or other concerns. --, // r G~ra~`~l/ ~' r David Szplett Development Services cc: Project File MV-08-97 ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 WILLIAM G. BERG, JR., Cary Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., Ctty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMEAS, Parks Supt. SHARI L STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY ~ O N -I M [`!BERG A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN C GLENN R. BENTLEYEE 33 EAST IDAHO MERIDIAI~I, IDAHO 83642 P A 2 COMMISSION ' Phone (208) 888j1433 • FAX (208) 887-4813 CEIV~.D JIM JOHNSON, Chairman Public Worlts/Building Departrt>ent (208) 887-22 MALCOLM MACCOY Motor Vehicle/Drivets License (208) 888-4443 KEITH 80RUP S E P 2 31997 RON MANNING ROBERT D. CORRIE BYRON SMITH Mayor ~~ ~F ~;~~AN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WI'T'H 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: September 30. 1997 TRANSMITTAL DATE: 9/17/97 HEARING DATE: 10R /97 REQUEST: Variance_ for an off premise sign BY: William T. Ritter D.D.S. LOCATION OF PROPERTY OR PROJECT: 317 W. Cherrv Lane JIM JOHNSON, P2 MALCOLIfA MACCOY, P/Z MARK NELSON, P2 BYRON SMITH, P2 KEITH BORUP, P2 ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE. ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FlRE DEPARTMENT POUCE.DEPARTMENT CITY ATTORNEY CITY ENGINEER CrTY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POSTOFFICE(PREUM ~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION RECElifRD CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SEp ~ g 1987 SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PREUM ~ FlNAL PLAT) Metifiian City U.S. WEST(PRELIM ~ FINAL PLAT) Water Superintendent INTERMOUNTAIN GAS(PREUM S FlNAL PLAT) BUREAU OF RECLAMATION(PREUM ~ FINAL PLAT) CITY FlLES oTr1ER: YOUR CONCISE REMARKS: M Ed, d. ~ .4 w /~..t. _ « ~F~.47f;Y Ha t w'+' A1.4. trY~ prer~-6L"--~, .. ".u y _ _.. ,__ ... MERIDL4N WATER DEPT. 2235 N.W. 8TH MERIDIAN, IDAHO 83642 888-5242 • ~c~~~r~ 5 EP 2 6 1997 QTY OF ltFJtiDMN 'l~Cw~r~iCC 8c ~l'~ud~aot 9~tigatios~ Z~CQazCCt 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 1A~4~44S~4X 208-483-0183 24 September 1997 Will Berg, City Clerk City of Meridian 33 East Idaho Meridtan, ID 83642 RE: Variance for an off Premise Sign -William T. Ritter, D.D.S. Dear Commissioners: Phones: Area Code 208 OFFICE: Nam a 466-7861 x~~cxx~cgx SHOP:X~~CXX4X The Nampa & Meridian Irrigation District has no comment on the above referenced application. Sincerely - ~ ~/I~GC,Q~jcr-- John P. Anderson, Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT JPA: dln cc: File -Shop File - Office Water, Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000