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HomeMy WebLinkAboutObservation Point CUP 03-047MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless k~" ~~ ~ 'xt .~ crrr of f,"~~i~ _ a.. ~` C~ri~i~n~~~~fi <, Il IDAHO ,Ij LEGAL DEPARTMENT (208) 466-9272 • FAX 466-4405 PARKS & RECREATION (208) 888-3579 • Fax 898-5501 PUBLIC WORKS (208) 898-5500 • Pax 867-1297 BUILDJNG DEPARTMENT (208) 887-2211 • Pax 887-1297 Keith Blyd ~ "'TAensuae ~^'y'~ i sixse PLANNING &ZONING issa (208) 884-5513 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your commenis and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: October 9, 2003 Transmittal Date: September 4, 2003 Hearing Date: OCtOber 16, 2003 File No.: CUP 03-047 Request: Request for Conditional Use Permit to demolish existing home and rebuild one single family residential dwelling for caretakers quarters on lot 2, block 2 of Observation Point Subdivision in a R-0 zone By: RF Construction Location of Property or Project: 500 East Victory Road David Zaremba, P2 (No vAR, vac, FP) Jerry Centers, P/Z (No VAR, VAC, FP) Leslie Mathes, P/Z (No VAR, VAC, FP) Michael Rohm, P/Z (No vAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) Robert Corrie, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department Meridian School District (No FP) Meridian Post Office (FP/PP Doty) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FP/PPonly) U.S. West (FP/PP only) Intermountain Gas (FP/PP Only) Bureau of Reclamation (FPiPP ~~ty) Idaho Transportation Department (No FP) AdaCoUnty (Annexation only) Ada County Land Records (FP/PP only) Meridian. Development Corporation Historical Preservation Commission Your Concise Remarks: 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 8848723 Pinance & Utility Billing Fax (208) 887-4813 ~r ~ ~ CITY OF MERIDIAN • Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208) 884-5533 Phone / (208) 888-6854 Fax Cn1VT)TTTnNAT, T?SF. PF,RMTT APPTJf'ATT(1N ^ Check here if Planned Development Application (RE: Meridian Zoning Ordinance -Section 11-17) RF_CONSTRUCTION PHONE: 322-5600 Fes: PHONE: 322-5600 FAX: 322-0149 EMAIL: ADDRESS: 6874 Fairview Avenue Boise, ID 83704 ENGINEER, SURVEYOR, PLANNER: OWNER(S) OF RECORD: ,Terry L.. Cayen ADDRESS: same as above ADDRESS: E-MAIL: RF CONSTRUCTION 6874 Fairview Avenue Boise, ID 83704 PHONE: 322-5600 FAX: E-MAIL: ADDRESS, GENERAL LOCATION OF SITE: 500 East Victory Rd, Meridian, ID PARCEL 51119346605 Lot 2 Bk 2 DESCRIPTION OF PRESENT USE: residential 1 / Observation Point DESCRIPTION OF PROPOSED CONDITIONAL USE: residential 1 NUMBER OF ACRES: 1.88 NUMBER OF RESIDENTIAL UNITS: SQUARE FOOTAGE OF NON-RESIDENTIAL BUII.DINGS:~~ PRESENT ZONE CLASSIFIC,AT'ION:~_ I have read the information APPLICANT'S SIGNATURE: the information is true and correct. 1 Rev. 03/25/03 ~~ ~ ~ Extension of Non-conforming Use RE: Lot 2, Block 2, Observation Point Subdiviswn The Council has already approved this project at the June 10, 2003 meeting and are wanting to have a public hearing on the matter for legal purposes. The following is a brief description of what we are attempting to accomplish. 1.Demolish the existing house and storage shed. 2. Re-build one single family residential dwelling in the same approximate location as the existing. The square footage will be 1125 sq ft with an attached, two car, garage. a. The new home will be connected to public water system. b. The new home will use the existing septic tank until sewer service is available. Notes: 1. The home will be used for caretaker quarters for the property located across Victory Rd (225 W. Victory), as is the current dwelling. 2. New landscaping will be placed on the site to enhance the area. I will insure that a public notice sign is posted 10 days prior to the hearing. It is my request that this matter be expedited in order to start construction before rainy weather moves in. If I can be of any assistance please contact me at 322-5600 or 867-0707. Sincerely -~. Elliott Sheffield Representing Deny Caven ~-5~~e e~aV\ S~o~~ ~owi aLCeS 5 cah j ~ ~ `~ ~~ e d` c~`F~ f na,1`y ''! w u~a V~ a ~a,A,~ne,to (JS C(s(arooi~ ~o e~oS~ ~v ;c~i~l 1 `~ ~w ~ ~ .S • Gr eo. ~ ~aria.,~~~ ~~ «~.~ w2oV,t ~ , "~ `AFFIDAVIT OF LEGAL IN'T'EREST. STATE OF IDAHO COUNTY OF ADA I, err `- l~l v~!lJ ~ ~7 `~ ~ 6tr~v/,.P~,J name) (address) //~ being fast duly sworn upon drS L ~~si'GW oath, depose and say: (city) (state) That I am the record owner of the property described on the attached, and I grant my permission to: /~0 ~/ J~P/-f~ e /c~ ~/; "/~-~~/V'tti~rCJ~^-~ ~ (o ~7~ ~j~l~I~t/i Pw~ ~P. (name) (address) ~ o~iv . ~ ~ ~~ 70 . to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property, which is the subject of the application. 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CAVE, A MARRZSD MAN wheiae nIDtnt address is 6874 FAIRYIBW AVEPIU&, BOISE ID 83704 the Qo3ntep(s), the followig8 deaattbed peemisvgi, in Ada County, Idakio, TO WIT: LOT 2 Al 9LOG$ 2 OF OBSERYATlON POIIVT SUBDMSION, ACCORDIIdG 1'0 IZ3E ~Q~' P'~T Tom. FIL>ID IN HOOK 84 OF PLATS AT PACiSS 9276 T~OUGFi 92'78, RECORD5 OF AAA COLINTY,IDAHO_ 7'O FL1'VS AND't~0 FfOLt? tls eafl pt®~s, wiW $eir ~s Coro We mid fumpa acna m4 acdeoe icrerar. Aod ~e aaid C~agm~(a} do(a,)>r~y a+tbwnt W and rraa the said Citaaieele~ ~r,~ 1o°~t~11o tae almpte staid peada~ ~ ~7' aao 6ae t4mn.ll eoeumlaaox, aa"~6 ~mra. aad pOy~ ~ ~4~) of+rey. pmmeu+ro mveouu, ~+~6 ~Sad~ aed wlisy aaaam~ (navy) tar tke am 8maal taia and aaeasaoimti aed god Cinept(a) sa'LL vsnot and defend fae woe Liam an lsvf~nl altimielq~oioever, ~ Pyle, >~ !3/02 / ,~~ V1CtORY 41, LLC STATF OF Il]AHO COUNTY OF AAA oN rriis63 DAY OF SBPTE[Yl$B[~ ~ TZ~ v~~D 2~, BPFORP Ml' TYiB UNDFRS1CiN$D, PER90NAt,I,Y APP$ARBA ``'yR Gf ~' KNOWN OR IDBNfIg~p TO MTs TO Bg ~g ~ LIlI4TIFD L1iABIL1TY' COhq,ANX TIlAT MANAGSR OR 1VIbM8ER OF 1Ii8 PHRSON(S7 WHO F 17dE 1N3TR><711dg~ OT1pN~Bffi3gXg ~UM1~TT OR TFJE LIIrnI1~'E~T) ~Li~gA,g8II,1'iy CO~,~,ly, AND ACIQ+IOWLBDGBD TO ME 1TIAT SUCH ~~f/ IG'ZTYCQ~ANY E~ SAAB. ""w~47Yrl5ION aa/-S~4i: ~ RBSL~INtj AT: /~ ~/ d e, < ~ ?~4 ~-• e~ e~ ~ ~~ h C r ' A a'E> C ti,~ p ~: ~ C - , 'f . 4 r ' .7 L o 7 `" '~~t tiC ~ L~l(s~ r ,1 c o ~ 'D,:~,~. U I' 1 J . •~,n .gG~'.. ROYAL FORK RESTAURANT CORPORATION 6574 FAIRVIEW AVE. BOISE, IDAHO 83704 WELLS FAR00 BANK BOISE,ggIO~.A~H7~O 83704 ~3~ CHECH N0. arE I ^'mv zz/03 ~ ~C1 02859 ~/ AMOUN O 31.1 o ~-- iTHE IDER y y~ ~ ~~ ~ ~ ~ \ © ~ ~ ~ ~~ O RESTAURANT CORPORATION SIGNATURE .. . 11.00285911' I:124i037991:0030398 ' IV ~ a a m a -~ lrJO m ~/+ n ~ ' P V N o° n m ~ z y _ ~ m O z '~y n 1/ m 2' n x m n = m ~ H , ~v 2 (1 o D~ \~ y m V~ 1 C' m O r _~S N m ~ S 1 (J z x -,T ^'4w ^ T O m `° ~ 1 D r X z .5 z n 4 ~ V\ ~ n z -~ --- --- -- --- --- -- --- -- - --- --- - -- -- - p d -- -~ ~ ~ g s" J o to N 4 \ _ ~ ~ r~~)' a` '`~p~1 tap ~` i x; q m _ < ~a~. C ~ Q 1 0 w a" ~i D P ~ _ N PROPERTY OWNERS WITHIN 300' LOT 2, BLOCK 2 OBSERVATION POINT LAULHERE MARC LAULHERE PAMELA J PO BOX 6019 NORCO CA 92860-0000 S MERIDIAN RD HUBBELL TIM J HUBBELL CAROL M 110 E VICTORY RD MERIDIAN ID 83642-6984 MCKINLEY DENNIS MCKINLEY LORA DAWN 437 E FOREST RIDGE DR MERIDIAN ID 83642-0000 PIERCE ROBERT WILLIAM PIERCE ANDREA ROGERS 582 DAWN CT KUNA ID 83634-0000 448 E OBSERVATION DR OBSERVATION POINT HOMEOWNERS ASSOCIATION INC 6874 FAIRVIEW AVE BOISE ID 83704-0000 E VICTORY RD E OBSERVATION DR CAVEN JERRY L 6874 FAIRVIEW AVE BOISE ID 83704-0000 500 E VICTORY RD LOGUE MERT E LOGUE REBECCA L 574 E OBSERVATION DR MERIDIAN ID 83642-0000 CAVEN IOM TRUST 6874 FAIRVIEW AVE BOISE ID 83704-0000 E VICTORY RD VICTORY 41 LTD' LIABILITY CO 6874 FAIRVIEW AVE BOISE ID 83704-8501 470 E OBSERVATION DR 553 E FOREST RIDGE DR 492 E OBSERVATION DR 548 E OBSERVATION DR 459 E FOREST RIDGE DR 3009 S ANDROS WAY 481 E FOREST RIDGE DR 537 E FOREST RIDGE DR 3061 S ANDROS WAY 2985 S ANDROS WAY 598 E OBSERVATION DR __ A. Public Works Department: 1. Discussion of Observation Point Subdivision - Exception to Final Plat Notes Regarding Lot 2, Block 2: Corrie: Next is the Public Works Department, discussion on the Observation Point Subdivision exception to Final Plat notes regarding Lot 2, Block 2. Brad. Watson: Thank you, Mr. Mayor and Council Members. This is a somewhat unusual issue, just a little background on it. There is a lot in Observation Point, the southwest corner, it's south of the Ridenbaugh Canal, and when it was recorded one of the plat notes stated that no Building Permit could be issued on that lot. The reason for that, if you have read this memo, hopefully, that gives you a little background on it -- there was no sanitary sewer service to it without a lift station and that's how that got in there. Elliott Sheffield of R.F. Custom Homes, I believe, is representing Victory 41, the developer, who is hoping to simply replace the existing house that is on that lot. It is, evidently, a caretaker's house and that's what it would continue as. They have proposed a -- I think about a 1,150 square foot replacement house. The other plat note that is a bit troublesome is that it requires aminimum -- let me see -- 2,100 square feet house in that subdivision. I spoke with Mr. Nichols about this and I guess this is at least our initial step in getting it before Council. I could see no other way to interpret that plat note or those plat notes in order to issue a Building Permit. I haven't met Mr. Sheffield I have only talked to him on the phone. Well, he's here, evidently. He could probably answer any additional questions you might have, but I'm here, too, if you have any for me. Corrie: Okay. Nichols: Mr. Mayor, Members of the Council, one of the reasons for bringing this in front of you is to look back at what was in the intent of the Council when the plat note was placed on that particular lot. It's a very large lot and I think there was some consideration. that it might be further subdivided or might be a commercial use or might be some other use. You didn't want to have a bunch of houses on there that couldn't be sewered and you didn't want to have a commercial use on there that couldn't be sewered, so the request has come, as it did outside of what at least was contemplated for that lot at the time that that subdivision was approved. That's why it's at least for your discussion to see how you want staff to handle it. The proposal would be that the house would be connected to city water it's just that they would maintain their septic system. I think that one compromise might be that so long as it's owned by the current owner that the septic system could continue, that sort of thing. It would be an exception to the existing ordinance. Corrie: Okay. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Yes. I just had a question for Mr. Nichols. For the plat note, what they are asking for is, essentially, an amendment or an exception to the plat note. Would we need to have a hearing about that, so that we can provide adequate notice and -- I guess I just can't remember what process we -- Nichols: Councilman Nary, Members of the Council, I think that's what we have done, we have got one that will come before you on Packard Subdivision No. 2 to remove a plat note. This is likely not one that will generate any public interest, but it's preservation and integrity of process, but we didn't even want to go there if it was the kind of thing where we said, well, there is no sense in entertaining the issue. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: It seems to me I recall some of that was also in question as the sewer capabilities and I think some additional work was done by the developer to bring more capacity on line is that correct, Brad? I'm relying on my memory on that one. Watson: Council Member de Weerd, Mayor, and Council Members, that's kind of ayes and no answer to your question. They changed from their original concept of serving that whole subdivision by gravity sewer, sort of in midstream, because they would have had some sewer that was over 30 feet deep. We talked with them they, eventually, installed a lift station east of the Ridenbaugh Canal. Conceivably, this particular lot could be sewered to that lift station, but it would -- it would involve a bore under that canal and be quite expensive. This particular piece of property, this lot, is designated on our master plan to go into the future Black Cat Trunk to the west. We don't really want it going over to that lift station anyway, but'-- De Weerd: It seems what our attorney has given us an option on sounds very reasonable. I don't have any problem with it. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Yes. I guess the only other thing I would like to -- I'd like to at least make sure there isn't any objection to that, so perhaps some type of notice or _. something like that -- because Idon't -- I guess those neighbors across the canal, I guess if they have some concems -- I don't know what it would be, but some notice, so they have some opportunity to be heard before we simply amend it, I think that would make the most sense to me. At least we are covered, so that later on somebody can't come back and say we didn't know it and -- otherwise, I don't think have any problem with it. Corrie: Well, then, we can put it on the agenda. Okay. Do you have anything that you'd like to say on that? Sheffield: No, sir, I don't have anything in particular, but if you have any questions I would be glad try to answer them. Corrie: Usually, we have you come up here and talk up here, so that we get it on the record. Sheffield: I don't have anything in particular to add to that, but if there were any questions or concerns, I would be happy to try to clarify anything. Corrie: Okay, y our name and address just for the record. Sheffield: My name is Elliott Sheffield. Address is 1872 North Haven Cove. Corrie: All right. Thank you. Okay. 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