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Home My WebLink AboutLacy, Debi and Mel CUPMayor ROBERT D. CORRIE City Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 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 Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: SEPTEMBER 7, 1999 TRANSMITTAL DATE: AUGUST 5, 1999 HEARING DATE: SEPTEMBER 14, 1999 FILE NUMBER: CUP -99-030 REQUEST: TO ADD ON AN ATTACHED 2 CAR GARAGE AND 1 BAY CAR PORT (BOAT STORAGE) AND REMOVE OR RELOCATE EXISTING SMALL DETACHED GARAGE BY: MEL OR DEBI LACY LOCATION OF PROPERTY OR PROJECT: 1414 N MERIDIAN RD, 3 BLOCKS SOUTH OF CHERRY LN ON EAST SIDE TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, 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) YOUR CONCISE REMARKS: 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 Planning.and Zoning Commission of the City of Meridian will hold a public hearing at the'Meridian City Hall, 33 East,ldaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on September 14, 1999 for the purpose of reviewing and considering the application of Mel or Debi Lacy for a conditional use permit to add on an attached 2 car -garage and 1 bay car port and remove or relocate existing small detached garage at 1414 North Meridian Road -3 blocks south of Cherry Lane on east side. A more particular description 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 23`d day of August, 1999. PUBLISH, August 25'& September 8, 1999. 1 WILLIAM G. BERG, JR., CITY CLERK ��°�rrir►rfrr G SEAL _ f�/,it)till ti«t�t`��\ O MEL LACY -1414 N. MERIDIAN RD. PROPERTY OWNERS WITHIN 300' (CUP) CRITSER RICK D*& DARCI D KELSO BONNIE M PO BOX 159 2745 W MCMILLAN RD HORSESHOE BEND ID 83629 MERIDIAN ID` 83642-5156 1519 E GIST ST E OIST ST, 1403 E 01ST ST WHITMORE EFFIE 1522 MERIDIAN MCGOLDRICK BETTY J MERIDIAN ID 83642 1402 MERIDIAN MERIDIAN ID 83642 HALL D LEO AND ASHBAUGH PHILLIPk AES INC 1505 E O1 ST PO BOX 567 MERIDIAN ID 83642 MERIDIAN ID 83680-0567 1335 E 01ST ST MAYES WM DEAN ET UX N MERIDIAN RD PO BOX 300 MERIDIAN ID 83680-0300 INTEGRITY LLC 1508 N MERIDIAN RD 1323 3 01ST ST MERIDIAN ID 83642 ANDERSON STEVEN C & MARICA AND HOALST WES BROOKS ELMORE 4 1434 MERIDIAN ST 819 CAMELLIA LN MERIDIAN ID 83642 MERIDIAN ID 83642 1332 N MERIDIAN RD EVANS GEORGIA HOYLE RICK JEROME KENNETH M & DARLENE K 210 W MALLARD STE C 1324 MERIDIAN ST BOISE ID 83706 MERIDIAN ID 83642 1423 E O 1ST ST E 01"' ST TIBBS DOUGLAS & MARLA 1409 E O l ST ST PO BOX 1122 MERIDIAN ID 83642 OWEN MARY H 1311 E O1 ST ST 1428 MERIDIAN ST MERIDIAN ID 83642 DOLL LISA D 1308 N MERIDIAN RD MAHNKEN JODY L MERIDIAN ID 83642-2249 1422 N MERIDIAN RD MERIDIAN ID 83642-2251 LACY MEL A 1414 N MERIDIAN RD - MERIDIAN ID 83642 fir, �� , • yr r MERIDIAN GOSPEL TABERNACLE ROBERTS EVERT ET AL/TRUSTEES PO BOX 432 MERIDIAN ID 83680-0432 1501 N MERIDIAN RD 1432 W O1 sT ST 1431 N MERIDIAN RD 1424 W Ol ST ST 1421 S MERIDIAN RD W O1 ST ST 1405 N MERIDIAN RD MAYES WM DEAN JR PO BOX 593 MERIDIAN ID 83680-0593 1419 N MERIDIAN RD ASHCRAFT ERMA 1404 W 01ST MERIDIAN ID 83642 SMART BLAINE E & STEWART KARRIE L 1332 W OlsT MERIDIAN ID "83642 BINGHAM MICHAEL LORIN & M ELIZABETH 1329 MERIDIAN MERIDIAN ID 83642 TERRILL ARNOLD R AND JOY LINDA S 1324 W OIST ST MERIDIAN ID 83642 PETERS EUGENE L & JAMIE L 1323 MERIDIAN RD MERIDIAN ID 83642 HOWARD FERN I 1315 MERIDIAN MERIDIAN ID 83642 TRAVIS ROYAL & BETTY J TRUST TRAVIS R & BETTY J LIFE ESTATE TRAVIS R & BETTY J CO -TRUSTEES 1305 N MERIDIAN RD MERIDIAN ID 83642-2266 l t 14z } REcEIvIED CITY OF MERIDIAN AUG 0 4 1999 APPLTCATION FOR A CONDITIONAL USE PERMIT CITY of TMERID AN GENERAL LOCATION: ax'e-5 5, a F GfI�Y GAIT CAI S/.D€ DESCRIPTION OF PROPOSED CONDITIONAL USE: 4,00 QA/ Ad A7TA(#,--,J W. ZONING CLASSIFICATION: C Prr4oeV 641Ul4�- I certify that the information contained herein is true and correct. Sig t4"f6rr-e OfA61i�rd • 1/ / / • LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by the property generally described as located at TO SUBDMSION, BLOCK , LOT for 0 L q I q At. MCk ijO JqA1 67- 2,) ;5/tAAE 31 66A.,Qcle- oi::7 r. -A. AXbc6ea� 4.aomOV -r e) AA CC� &S etic -�7 1) C. C- Tw Ab ijo O.Ij 6 F rqc 6"r-- EFXj'577d& SA 7UE 73j1t.o1lvle-- n---w--6ucz PAP- KiTl TP PO-oPe;e 7Y/ Az --.5c> IT— z.,jout-4 5-7-0eA;16 13, JUL-16-98 THU 11;27 AM FAX N0, ORDER NO. 97069a--. MN1\LM EXHIBIT "A" (3) PARCEL I BEGINNING at the Southwest corner of Block 4 of F.A. NOURSEfs THIRD ADDITION To MERIDIAN, as shown on the Official Plat thereof, filed in Book 7 of Plats' at Page 200; records of Ada County, Idaho; thence North along the West boundary of said Block 4 a distance of 70 feet to the REAL PLACE OF BEGINNING; thence North a distance of 60 feet to a point on the West boundary Of said Block 4; thence East parallel with the North boundary of said Block 4 a distance,of 150 feet to a point; thence South parallel with the West boundary of said Block 4 a distance of 60 feet to a point; thence West parallel with the South boundary of said Block 4, to the REAL PLACE OF BEGINNING. PARCEL II BEGINNING at the Southwest Corner of Block 4 of F.A. NOURSE?S ADDITION'ToMERIDIAN, as shown on the Official Plat thereof, filed in BOOK 7 of Plats at Page 200, records of Ada count Idaho, thence; y� North 70 feet, thence East 150 feet to the REAL POINT OF BEGINNING; thence East 73.5 feet; thence North 60 feet; thence West 73.5 feet; thence South 60 feet to the REAL POINT OF BEGINNING. P. 02/02 i f� J "' •'" "" " -" " 1 Lill LW. 1 , UL/ UL. -�- /0-o" 97079655 ` TFLIS FORM FURNsHED co VRTESY OF: F` D A 00. R F C O R D C R j. D010 tiAVARRO �O1Sc 1D ALLIANCE TITLE & ESCROW CORP. '97 SEP 26 P `f FEE 'QQ OEP READ& APPROVED BY GRANT=S) RECORDED AT TILE REQUEST OF SPACE ABOVE THIS LINO FOR RECORDING DATA {0531} Y w ;Order No.: 97069671 MM\LM WARRANTY DEED ' FOR VALUE RECEIVED DELORIS M. DAVIS,,., an, 'unmarried. person GRANTOR(S), does(do) hereby. GRANT, BARGAIN, SELL and CONVEY unto MEL A. LACY, an unmarried man GRANTEE(S), whose current address is: 1414 N. MERIDIAN RD., MERIDIAN, IDAHO 83642 the following described real property in ADA County, State of Idaho, more particularly described as follows, to wit: As set forth on the attached EXHIBIT. "A',#,, by this reference becomes a part hereof . • ; ;i , ; , , t ,;�; . '� : , TO HAVE AND TO HOLD' the said pfemisea;:with'their appurtenances unto the said Gr'antee(s),'and; Grantees) heirs and assigns forever, `.' And the'said;Grantoi•(s)-',does(do) %hereby covenant to aiid widi the- sald : Grantee(s), that Grantor(s) is/are the owryec(s)'iti fee S .. ple`;of said 'premises;'' that said premises'are'fcee from •.,.. • . all encumbrances, EXCEPT those to which this conveyance is, expressly,":made, subject and those made; 'suffered or done by the Grantee(s); and • subject to'resec'vattons;;restrtctLons, dedications, easements, rights of wayand agreements, (if any) of record, and generihaxes'apd assessments;, (iudi dding'irrigation and utilityassessments, If any) for the current * year, which .,are not yet'due; aixl pay",able, ; ;arid that Grantors) will warrrant and defend the same from all lawful claims whatsoever. Dated: September 25, 1997 DELORIS M. DAVIS STATE OF IDAHO COUNTY OF ADA On this 2 6th day of September , in the year of 1997before me, the undersigned, a Notary Public in and for said State, personally appeared DELORIS M. DAVIS known or identified to me to be the persons) whose.name(s) is/are subscribed to the within instrument, and acknowledged tome that he/she/they executeitp same.' t �, , •'�9 ;.i:.:.,�•q�;•-., • , Si ' nater �C, 4, . • Name: � n(Y) c CTr`t# h A t) B L% J' 'Residing at: d+ • 0 0 go�,. . .V mes : s.a$-49 S00 ppl,4q 0- C 71 1: VACANT I CLEANCYLS 77 cri MR � 29 7. C-' 7F- 444�- 7e i fs 3 42 OL K4 9e3l rr 414- � IEI Borrower/Client Me[[ Lacy Address 1414 N. Meridian Road City Meridian County Ada state Id zip code 83642 is M NEIGHBORHOOD BOUNDARIES AND COMMENTS The Subject's neighborhood is bounded by Fairview Avenue to the north, Pine Avenue to the south, 1st Street to the east and 4th Street to the west. This neighborhood encompasses predominately older single family residences. Commercial use does front 1st -Street, but the Subject is far enough removed that no direct adverse condition results. The Subject is within easy proximity of all city services. Similar single family residences exist next to and in the immediate area of the Subject. Properties of this price range and location sell rather well with a marketing time indicated between 3 and 4 months. HIGHEST AND BEST USE The Subject is within a CC understanding from the city non -conforming use. Due to family houses and demand as Highest and Best Use would residence. That is not to conversion to commercial us however, based upon the tes current use would still be family values would be the within this report verifys destroyed [refer to letter Community Commercial Zone. It is my of Meridian, that this is a legal the predominancy of similar single such, it is my opinion that the continue to be a single family say that sometime in the future, e could not happen, as it could, is of Highest and Best Use, the the interim use. As a result, single operable value. A letter included that a SFR could be rebuilt if from City]. COMMENTS AND ADDITIONAL FEATURES The Subject dwelling is a ranch design with a full basement and a detached one car garage. There is a large rear yard and some concrete slab for a patio. The living room has a ceiling fan. The kitchen has plastic laminate counter and splash and average wood cabinets. A new roof is being added of which this report is Subject To. ANALYSIS COMMENTS I utilized the three most recent and similar comparable sales that the current market could provide. All are close in distance to the Subject. Site adjustments were made as required. No adjustments were supportable for design variations, though some do ex`ist.,Sale No. 3 was adjusted downward for its brick veneer. Age and condition differences were taken into account and adjustments made based on reports from Parties to -the sale. Sale,No. 3: wasp adjusted downward for its additional .5 bath. Square footage differences were taken into account and consistent adjustments applied to each sale. Basement variances were taken into account. Amenity oriented items adjusted for involve differences in air conditioning, garages, decks, patios, sheds, woodstoves and kitchen built-in appliances. No adjustments under $500 were made. The total net adjustments are near or within the preferred ten percent range. The value indicators form a reasonable and Thi, f— w + — h ,nen-i _,.,... ,- - AALW MEL 4-AACy- oo -Afr, >- 577 '610T-lr�E- OF -- my AAAUjCAT IWI OF: M Y OkOPERTY a- 6 7 -E -,O .8 Y THS c> C-- Ioq- T 5,-o -tu rTH Z -5 4, �IC -72 ; SEP -10-97 WED 03:27 PM RWLIC MORTGAGE FAX NO. 68-73-&79 SEF' 10 '97 15:19 FR (W '--IF t1ER I D I PN 2168-7 4613' TO :.04 .Offn Au WILLIAM G. BERG, JR., City Clerk JAMCE L. SMITH, City Treyturvr GARY D. SMITH, P,E., Clty Emgk*er BRUCE; D, MART, Wats Wot,. Supt, JOHN T. EHAWCROFT, Wai v Wntor su0r DENNI6 J. SUMMCkS. pdrkS Sup,. LHARi L. STILES, P &z Agminictraror PATTY A. WOLFKIEL, DMV Supe,rw6or KENNETH W. BOWERS, Fho chlgr W.L. 'GILL' GO"oON, police Chia, WAYNE G. CROOKSTON, JR., Attorney September 10, 1997 Vicki Nugent Republic Mortgage 174 N_ Orchard Boise, ID 83705 Dear Ms. Nugent: NUB OF TREASURE VALLEY A Good Placc io Live CITE' OF MERIDIAN 33 EAST IDAHO MERIDUN, IDAIJO 83642 Pho19' (209) 888-4433 - FAX (209) b87-4813 Public work;-Buildirts Departmonr (:ng) g87.221 I Motor Vchic,c/DrivrrS Licetist (209) 899.4443 ROGERT D. CORRIE Mayor - IZ. P. 01/01 P. EI%iO2 COUNCIL MFM9ERS WALT W MpnROW, Prealduni RQkALO R. TOLSMA CHARLES M.ROUNTAEE GLENN R. BENTLEY P A z COMdMISS1QN JIM JOHNSON, CAalrmen MALCOLM MAGCOY KEITH BORuP RON MANNING BYRON sMrTH The current zoning for the property at 1414 N. Meridian Rd. is CommuniTy Commercial (C -C) which does not permit single family housing. I)ue to the fact that the house was being used as a residence, the City of Meridian would permit a structure of equal square footage to be constructed if fire or other natural occurrence destroys the existing structure. The house must remain in a condition equal to or better than its current state. If'you have any questions, please contact me at 888433. Sincerely, -Q -r3, a" Dean Ehlers Planner Planning & Zoning Dept City OrMcridian +* TOTRL FRGE.02 ,K* c O O 4 ✓ /� 30 , /3tAGK WA ur TRE�5 FEi✓ i E*rsrin/G> z I XL WA cN 3 -RAIL o i aIL WflT£ 3' TRIC SNR�P/`J j � FJOvAA c�3. SkQrJB 6E.D i 6cxrs-n v--) � ftSlf -TREE C). --. - i • � '�ou� A L I N[' S t` - Ivaw • � i'`� � FE.vCE <.oCATIOA/ 2 rA(ST/A/C, ALL Po 01 -ASN w(ccoo TR �E (MAY&-� {'AVCA� EN7" `C C�(sTin/L) 2/0' j Z v FpRSYiNrA I -- -- — 7— a W �REN�o�E i � x .elf �w ,old PAVE Plr i ' Ftov,E� j , j S � wrNoow {. EXlS T/n/(& Fcow�eS w+ HERAS I i ,,. TtoWe•ZZ 8�4 S( X14--- `� � • pzbroSEp NEW &ARACy£ _4 CAP--PoR-r- FOR : Mt L— Ci C)E i,-, t L-A cy jX11Ll A/• MER1,01AAJ 57- ►Mi:-: Rr01.4A/ 16 83& ,Z - JASI,� DQidEwst Y SPRdtE p� i i � Y Al�E.�lQ�s��/ STREET NoRT� ** TX CONFIRMATION REPORT ** 0 AS OF AUG 23 199 13:46 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD## STATUS 11 08/23 13:45 208 888 1097 EC --S 00'31" 001 093 OK -------------------------------------------------------------------------- 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 Planning and Zoning Commission 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 7:00 p.m. on September 14, 1999 for the purpose of reviewing and considering the application of Mel or Debi Lacy for a conditional use permit to add on an attached 2 car garage and 1 bay car port and remove or relocate existing small detached garage at 1414 North Meridian Road -3 blocks south of Cherry Lane on east side. A more particular description of the above property is on file in the City Clerk's y 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 23"' day of August, 1999. PUBLISH, August 25 & September 8, 1999. WILLIAM G. 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H O w fOn N fD 7 ur CD 0 3 3] 0 w CD am -0 ?j it p T CD p m 11110 ��G n2 �w ❑ Elm 0 m 3 RO-o�v�j 0° a -'moms C � c, apoZ-38 v 3 w cD .;. m�O o m w 0 w. 2. 0 m v -D ti' >(nN •G CD C . n O 0 N_ Q� N RL 0 ID w J Wyn G d jn C CD w W m C 7 CD wwnoCDo om O O a O' -j N O O N y o N w» n n m �dmo3__0.m w o w E'c m N Q Nw�w--3 v,:3 wc_3oo= ryM ID ID NX'CO-O y C c O0 W p O - ND C c 313.m3� ., �,m Oc C. -L -X www m'C,M 0 y' pO_ x 0 - N�= 0 30CCL N 2) -2.3 +, o� ��m n .� -nP �wv c��3 O wmmw X .. M (D _. ons N =U3 N w�wa�vo Qso m CD �+ -3 _ IV o � 2 CL w O f�X 'KID. _ =$N3-Cp N p N c m3o3OQ CD U 3=3 3 m y o ° m 2 0 o 3 d. CD 300�Oow <m�D'�w 7ovO, u) m a w c x.„y 3 p CD .m=0 3 55 ° x_ w r wSCDXcm O N = X C 0 3 CD �.0 . fO O.SN w•7 •.. ". CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 Customer's Order No. Date $t Z I �2 Name M4.1 Address Phone: SOLD BYr ,_446.}tC.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT Y C.U. p-175 I - 1Ce r+-- Yhai (� r)q S I I I I I I I _ I I I I I I I ctaifstoQ eefnptli&wr'1llsik417ac£oinii�httik" 0009,320 Received By SY TAX TOTAL PRINTD ^ PRINTED IN U.S.A. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF MEL AND DEBI LACY FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF AN ATTACHED 2 CAR GARAGE, 26'6" X 48' AND ONE BAY CARPORT FOR BOAT STORAGE AND TO REMOVE AND/OR RELOCATE THE EXISTING SMALL DETACHED GARAGE LOCATED 1414 N. MERIDIAN ROAD, MERIDIAN, IDAHO. CASE NO. CUP -99-030 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 19th day of October, 1999, for final action on conditional use permit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant, Mel and Debi Lacy, owners of the property, are granted a conditional use permit of an attached 2 car garage, 26' 6" x 48' and one bay carport for boat storage and to remove and/or relocate the existing small detached garage. The requested conditional use is described in the drawings, including a Vicinity Map, addressed in Exhibit "A" attached hereto, for the development of the aforementioned projects and which property is described hereinbelow to -wit: PARCEL 1 BEGINNING at the Southwest corner of Block 4 of F.A. NOURSE'S THIRD ADDITION TO MERIDIAN, as shown on the Official Plat thereof, filed in Book 7 of Plats at Page 200; records of Ada County, Idaho; thence ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 4 MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE fy� North along the West boundary of said Block 4 a distance of 70 feet to.the REAL POINT OF BEGINNING; thence North a distance of 60 feet to a point on the West boundary of said Block 4; thence East parallel with the North boundary of said Block 4 a,,distance of 150 feet to a point; thence South parallel with the West boundary of said Block 4 a distance of 60 feet to a point; thence West parallel with the South boundary of said Block 4, to the REAL POINT OF BEGINNING. PARCEL II . BEGINNING -at the Southwest Corner of Block 4 of F.A. NOURSE'S ADDITION TO MERIDIAN, as shown on the Official Plat thereof, filed in Book 7 of Plats at Page 200, records of Ada County, Idaho, thence; North 70 feet, thence East 150 feet to the REAL POINT OF BEGINNING; thence East 73.5 feet; thence North 60 feet; thence West 73.5 feet; thence South 60 feet to the REAL POINT OF BEGINNING. Common address known as 1414 N. Meridian Road, Meridian, Idaeho. 2. That the above named applicant is granted a conditional use permit for construction of an attached 2 car garage, 26' 6" x 48' and one bay carport for boat storage and to remove and/or relocate the existing small detached garage, located at 1414 N. Meridian, Idaho, Meridian, Idaho,,subject to+the following conditions of use and development: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 4 MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE i • 2.1 The proposed garage and carport shall be constructed per the Uniform Building Code and meet all minimum setback requirements of the City. 2.2 If the Applicant intends to use the detached garage, (proposed t relocate to the far east end of property) as a studio apartment, a separate Conditional Use Permit will be required. Any relocation of the existing building will require that the building meet all current Codes. 2.3 A privately owned and maintained sewer line crosses this property in the approximate location of the building expansion. Applicant should be prepared to discuss ownership and any liability issues if buildings are erected over this line. The City of Meridian has no responsibility or ownership but is concerned about potential for blocking future access to the line for maintenance purposes. 2.4 This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. An approval of transfer will be,required for any new owners/tenants . 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of § 11-2-418 J of the Municipal Code of the City of Meridian, a copy of which is attached to this permit. By action of the City Council at its regular meetin held on theday o4q!�, 1999. r ob rt D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public WoKlot+ Department and City Attorney. .�`(„� Of y B Dated: SEAL - City Clerk `mss ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 3 OF 4 MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE t r 14 msg/Z:AWork\NI\Meridian 15360M\Lacy CUP\CUPOrder ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 4 MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE EXHIBIT "A" Z 7 7 4L co — im I mm m NIDAYS SECOND SUBDIV[SION! N Rr) M, CD C—, Zi z > > M C. s:T EXHIBIT "A" 4 il P? r 7-7 0 c-57 C;K 67 �EXHIBIT "A" jjj -TV r7 C;K 67 �EXHIBIT "A" i' J 1 I I I I t f I �I i �I v I T IV II i I I I J I � I I i 1j I j I � I -Z >. rnrN c T .. I LN J � c Rt M Y Lam.. n. .I a v 1 n 0 EXHIBIT "A" 1 I I I I t f I �I i �I v I T II i I I I J I � I I i 1j I j I � I E*r s rin/c:) v .9 Ex L:5_1 IA16, vimv- o 7 -RAIL W+9/TE FG�CN Zt ��ou1ER � _ /Ulric/ FGou/E;e � (iE0 � L__L '..00ATiOAJ F0.2 FA r5TiA/v OL ALL i wr�covJ TR Sig' EXHIBIT "A" F4? op October 15, 1999 MERIDIAN CITY COUNCIL MEETING: OCTOBER 19 1999 APPLICANT: MEL & DEBI LACY ITEM* 6 REQUEST: FF&CL REQUEST FOR CONDITIONAL USE PERMIT TO ADD ON AN ATTACHED 2 CAR GARAGE AND 1 BAY CARPORT AND REMOVE OR RELOCATE EXISTING DETACHED GARAGE AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED FINDINGS CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: I CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: C n� SETTLERS IRRIGATION: v IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. S • C BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF MEL AND DEBI LACY FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF AN ATTACHED 2 CAR GARAGE, 26' 6" X 48' AND ONE BAY CARPORT FOR BOAT STORAGE AND TO REMOVE AND/OR RELOCATE THE EXISTING SMALL DETACHED GARAGE LOCATED 1414 N. MERIDIAN ROAD, MERIDIAN, IDAHO Case No. CUP -99-030 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permit application having come before the City Council on October 5, 1999, and Shari Stiles, Planning and Zoning Administrator, appeared and testified at the hearing, and no one appearing in opposition, and the City Council having received the staff report and the record made before the Planning and Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: FINDINGS OF FACT,AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE I FINDINGS OF FACT A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 5, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearings having been posted upon the property under consideration more than one week before said hearing and the copies, of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the said October 5, 1999, public hearing; and the Applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6512; and §§11-2-416E and 11-2-418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE - 2 3. Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian' and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. 4. The property is located at 1414 N. Meridian Road, 3 blocks south of Cherry Lane, Meridian, Idaho. S. The owner of record of the subject property Mel A. Lacy of 1414 N. Meridian Road, Meridian. 6. Applicant is Mel and Debi Lacy. 7: The subject property is currently zoned Community Business (CC). The zoning district of CC is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408(B.9). 8. The proposed application requests a conditional use permit for construction of an attached 2 car garage, 26' 6" x 48' and one bay carport for boat storage and to remove and/or relocate the existing small detached garage. The zoning designation within the City of Meridian Zoning and Development Ordinance 11-2-406 concerns non -conforming structures and uses and requires a conditional use permit be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE - 3 obtained for a change or expansion of a non -conforming structure or use. (Meridian City Zoning and Development Ordinance, Section 11-2-409). 9. That the Applicant, Mel and Debi Lacy, owners of the property, are granted a conditional use permit for construction of an attached 2 car garage, 26' 6" x 48' and one bay carport for boat storage and to remove and/or relocate the existing small detached garage. The requested conditional use is described in the drawings, including a Vicinity Map, addressed in Exhibit "A" attached hereto, for the development of the aforementioned projects and which property is described hereinbelow to -wit: PARCEL 1 BEGINNING at the Southwest corner of Block 4 of F.A. NOURSE'S THIRD ADDITION TO MERIDIAN, as shown on the Official Plat thereof, filed in. Book 7 of Plats at Page 200; records of Ada County, Idaho; thence North along the West boundary of said Block 4 a distance of 70 feet to the REAL POINT OF BEGINNING; thence North a distance of 60 feet to a point on the West boundary of said Block 4; thence East parallel with the North boundary of said Block 4 a distance of 150 feet to a point; thence South parallel with the West boundary of said Block 4 a distance of 60 feet to a point; thence FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE - 4 West parallel with the South boundary of said Block 4, to the REAL POINT OF BEGINNING. PARCEL II BEGINNING at the Southwest Corner of Block 4 of F.A. NOURSE'S ADDITION TO MERIDIAN, as shown on -the Official Plat thereof, filed in Book 7 of Plats,at Page 200, records of Ada County, Idaho, thence; North 70 feet, thence East 150 feet to the REAL POINT OF BEGINNING; thence East 73.5 feet; thence North 60 feet; thence West 73.5 feet; thence South 60 feet to the REAL POINT OF BEGINNING. Common address known as 1414 N. Meridian Road, Meridian, Idaho. 10: The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE - 5 0 ! proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of�the City of Meridian. 11.A Conditions requested by the City of Meridian Planning and Zoning Administrator and Assistant City Engineer within their Memorandum dated September 13, 1999, be required as follows: Adopt the recommendations of the Assistant to the City Engineer and the P&Z Administrator;, 1 1. l The proposed garage and carport shall be constructed per the Uniform Building Code and meet all minimum setback requirements of the City. 11.2 If the Applicant intends to use the detached garage (proposed t relocate to the far east end of property) as a studio apartment, a separate Conditional Use Permit will be required. Any relocation of the existing building will require that the building meet all current Codes. 11.3 A privately owned and maintained sewer line crosses this property in the approximate location of the building expansion. applicant should be prepared to discuss ownership and any liability issues if buildings are erected over this line. The'City of Meridian has no responsibility or ownership but is concerned about potential for blocking future access to the line for maintenance purposes. 11.4 This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. An approval of transfer will be required for any new owners/tenants. 12. The proposed uses within the subject application will be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE - 6 harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance. 13. The uses proposed within the subject application will be subject to the conditions set forth in Finding of Fact no. 11 and will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 14. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 15. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 16. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 17. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE - 7 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW I. Idaho Code § 67-6512 provides in part that: (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, and when it is not in conflict with the plan; and (C) That upon the granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to, those: 1) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of development; 3) Controlling the duration of development; 4) Assuring that development is maintained properly; 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE - 8 or services; requiring more restrictive standards than those generally required in an ordinance; requiring mitigationt,of effects -of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Permits by the enactment of § 11-2-418 Municipal Code. 3. Idaho Code § 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local Land Use Planning Act of 1975." 4. The City of Meridian has enacted the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance'No. 629, January 4, 1994. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: I . That the Applicant, Mel and Debi Lacy, owners of the property, are granted a conditional use permit of an attached 2 car garage, 26' 6" x 48' and one bay FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE - 9 ILI 0 carport for boat storage and to remove and/or relocate the existing small detached garage. The requested conditional use is described in the drawings, including a Vicinity Map, addressed in Exhibit "A" attached hereto, for the development of the aforementioned projects and which property is described hereinbelow to -wit: PARCEL 1 BEGINNING at the Southwest corner of Block 4 of F.A. NOURSE'S THIRD ADDITION TO MERIDIAN, as shown on the Official Plat thereof, filed in Book 7 of Plats at Page 200; records of Ada County, Idaho; thence North along the West boundary of said Block 4 a distance of 70 feet to the REAL POINT OF BEGINNING; thence North a distance of 60 feet to a point on the West boundary of said Block 4; thence East parallel with the North boundary of said Block 4 a distance of 150 feet to a point; thence South parallel with the West boundary of said Block 4 a distance of 60 feet to a point; thence West parallel with the South boundary of said Block 4, to the REAL POINT OF BEGINNING. PARCEL II BEGINNING at the Southwest Corner of Block 4 of F.A. NOURSE'S ADDITION TO MERIDIAN, as shown on the Official Plat thereof, filed in Book 7 of Plats at Page 200, records of Ada County, Idaho, thence; North 70 feet, thence East 150 feet to the REAL POINT OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE - 10 • BEGINNING; thence East 73.5 feet; thence North 60 feet; thence West 73.5 feet; thence South 60 feet to the REAL POINT OF BEGINNING. Common address known as 1414 N. Meridian Road, Meridian, Idaho. 2. The applicant is granted a conditional use permit for and subject to the following terms and conditions: 2.1 The proposed garage and carport shall be constructed per the Uniform Building Code and meet all minimum setback requirements of the City. 2.2 If the Applicant intends to use the detached garage (proposed t relocate to the far east end of property) as a studio apartment, a separate Conditional Use Permit will be required. Any relocation of the existing building will require that the building meet all current Codes. 2.3 A privately owned and maintained sewer line crosses this property in the approximate location of the building expansion. Applicant should be prepared to discuss ownership and any liability issues if buildings are erected over this line. The City of Meridian has no responsibility or ownership but is concerned about potential for blocking future access to the line for maintenance purposes. 2.4 This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. An approval of transfer will be required for any new owners/tenants. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE - 11 3 3. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Cleric and then a copy served by the Cleric upon the applicant, the Planning and Zoning Department, Public Works Department and'City Attorney and any affected party requested notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE - 12 NOTICE OF FINAL ACTION Please talce notice that this is a finat action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the lgf� day of �64�r '1999. ROLL CALL COUNCILMAN ANDERSON VOTED �I COUNCILMAN BENTLEY VOTED_!= COUNCILMAN BIRD VOTED COUNCILMAN ROUNTREE VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE - 13 0 • MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: l ;�' �'/z MOTION: APPROVED4--DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: �� Dated: l �� ity /CI msn/Z:\Work\NWeridian 15360N4\Lacy CUMUMCIsOrdDec FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MEL AND DEBI LACY RE: CONSTRUCT ATTACHED 2 CAR GARAGE ONE BAY CARPORT AND TO REMOVE AND/OR RELOCATE EXISTING DETACHED GARAGE - 14 EXHIBIT "A" m m R' _S r --- NIDAYS'cECOND.SUBD'IVISI_____ N! rn r a I c 1 II � CD I I icn —i Z �-oi N o N I a m' ;I -r .� m EXHIBIT "A" #�? PP114 _ loc Jf� iso ---- — — -- 1% U 71 / 6.1 ' v C&7C � r F G��ER.31t.EaD Q L Ili X-- - _ .... _ 41L. �1 F-IIHIBIT «A„ /: r � C x n (� _ O • �> _J O } C \d N 77, - �p n 0 - 7 T b r rr y n � n c nth 71- Y y C - c 3 EXHIBIT "A" r � C x n (� O �> _J O } C \d N n 0 EXHIBIT "A" r � C x n (� �> _J O } C I> EXHIBIT "A" -- , , ^ " ~ _ ` ^ ' ` - ~ ~ ` .. ` EXHIBIT "A" -- , , ^ " ~ .^ ~ Meridian City Council Pr uracil Meeting y October 19, 1999 Page 2 ITEM 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT STORAGE UNITS ON UNUSED PORTION OF COMMERCIAL LOT BY BERTA WAGNER — NORTHWEST CORNER OF MERIDIAN ROAD AND TAYLOR AVENUE: EM"6.-' FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUESTr' FOR�CONDITIONAL USE PERMIT TO ADD ON.AN ATTACHED 2 CAR GARAGE AND,.1 BAY CARPORT (BOAT -STORAGE) AND REMOVE OR RELOCATE: EXISTING SMALL DETACHED `GARAGE'BY MEL AND DEBT LACY =1414 N: MERIDIAN ROAD: Stiles: Item 1, 1 believe we're still waiting for an annexation and zoning request for the parcel that was left out. There's a triangular piece that's an enclave, and staff had requested that be included as part of their request. Their attorney, Mr. Shoemaker, said the City had the ability to do that, and the City should be responsible for preparing that annexation and zoning, and Council did not agree or they didn't state they agree with them, and so I think we're still stuck at having that enclave and not being able to proceed with Items 'I and 2. As far as Item 2, they've also proposed some changes for the public roadway that was approved by Ada County Highway District Commission to come from Fairview Avenue. Now they have verbally discussed coming in through the Michner property for their access, and we haven't seen a new plan on that. Conditional use permits for a daycare, I don't know that there were any problems with that one. Let's see. On four, this was the Kids Club, conditional use permit to add another building to expand their facility for the daycare. The only thing that we had added to those Findings was to ask that they add some kind of architectural feature to the west side of the building such as awnings or windows or some kind of treatment that would be reviewed by staff. Number 5 is pretty straightforward, I just to add some storage units on the remainder of the parcel owned by Berta Wagner where the Napa store is now. Number 6 is for expansion of a non- conforming use in a C -C zone. They're asking to add an attached two -car garage and a carport and relocate their detached garage. Besides being the non -conforming use, we'd ask that if that detached garage were going to be relocated that it meet all uniform building codes, uniform building and fire codes. Seven was — 1 Rountree: Question, Shari. Are you satisfied that the Findings of Facts contain that information, or are you asking that be added to it? Stiles: That was in the Findings. Rountree: Okay. Don't confuse us. Meridian City Council ting October 19, 1999 Page 16 Bird: Aye. Corrie: And Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES .0 ITEM 6. FINDINGS -OF FACT AND CONCLUSIONS OF LAW: REQUEST - --FOR CONDITIONAL USE PERMIT TO ADD ON AN ATTACHED 2 CAR GARAGE�AND 1 BAY CARPORT (BOAT STORAGE) AND REMOVE OR RELOCATE EXISTING SMALL DETACHED GARAGE BY MEL AND DEBI LACY — 1414 N. MERIDIAN ROAD: Corrie: Item No. 6 is Findings of Facts and Conclusions of Law: Request for conditional use permit to add an attached two -car garage and one bay carport (boat storage) and remove or relocate existing small detached garage by Mel and Debi Lacy, 1414 North Meridian Road. Any discussion on Item 6 and the Findings of Facts? Bird: I have none. Corrie: Hearing none, I'll entertain a motion on Item No. 6. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I'd make a motion we approve the Findings of Facts and Conclusions of Law, a request for conditional use permit to add on an attached two -car ' garage and a one -bay carport and remove or relocate an existing detached garage for Mel and Debi Lacy. Bird: Second. Corrie: Motion has been made and seconded to approve the Findings of Facts and Conclusions of Law on Item No. 7 — 6. Excuse me. Further discussion? Roll -call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Meridian City Councillating 10 'October 19, 1999 Page 17 Bird: Aye Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES ITEM 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF .6 ACRE FROM R-8 TO L -O BY MIKE GAMBLIN—LOCATED AT CHERRY LANE AND LEISURE LANE.- Corrie: ANE:Corrie: Item No. 7; Findings of Facts and Conclusions of Law: Request for rezone of .6 acre portion of R-8 to L -O by Mike Gamblin located at Cherry Lane and Leisure Lane. Shari. Stiles: Mr. Mayor and Council, I have missed one item on this. Under the Findings of Facts and Conclusions of Law on Page 24, Item 2.20; it says applicant shall dedicate right-of-way for Leisure Lane and improve to ACHD standards. We discussed that last time, and said that the applicant would build curb, gutter and sidewalk on his property and match existing pavement. Bird: That's right, Shari. So we need to strike that one? Corrie: 2.20? Bird: Uh-huh. Corrie: Okay. Gigray: Mr. Mayor. Corrie: Mr. Gigray. Gigray: Point of information. Mayor and Council, I also see that there are a number of conditions upon the rezoning designation, and so I would recommend to the Council that in their Findings and Decision of Order and we will prepare the appropriate substituted pages if you should follow this recommendation that it direct the city attorney to prepare a development agreement because you cannot condition a zoning ordinance on conditions, and that's why we have development agreements that would include those conditions which are,set forth in Section 2 of the Order. Corrie: Okay. Any further discussion? Rountree: Mr. Mayor. Meridian City Council Meeting October 5, 1999 Page 72 Corrie: Okay. I sure hope that's on tape because I don't think I'm going to be able to `repeat it. Motion made by Mr. Bentley, seconded by Mr. Anderson to approve the I request for final plat of Vienna Woods Subdivision No. 1 and No. 2 and incorporating the agreement for services and incorporate the comments by Engineer Gary Smith in his letter of October 4th to the Council. Any other discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES 24Y REQUESY FOR CONDITIONAL USE`PERMIT TO ADD-ONAN ATTACHED-2- CAR TTACHED2`CAR GARAGE AND`TBAY CARPORT (BOAT STORAGE) AND REMOVE, OR RELOCATE EXISTING SMALL DETACHED GARAGE BY MELAND„DEBT LACY -1414_N.. MERIDIAN ROAD: Corrie: Okay. Item No. 24 is a request for a conditional use permit to add on an attached two -car garage and one bay carport (boat storage) and remove or relocate existing small detached garage by Mel and Debi Lacy, 1414 North Meridian Road. Council, have any questions of staff or staff have any comments on this request? Shari? Stiles: Mr. Mayor and Council, just would like to note our memo of September 13, 1999 and if this is approved that those comments be incorporated in the findings. Corrie: I think we have a — isn't this a grandfather rights, Shari? 'Oh. Yes. It is. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Shari, you've seen their reply from today, haven't you? Stiles: From today? Bird: Yeah. 10/5/99, received October 5th City Clerk from Mel and Debi Lacy. Have you got it, Shari? Stiles: 4iYes. I was just reading it. It sounds like 'they intend to comply with our comments. Bird: The only thing, No. 4 was on the sewer. I guess they're going to be willing and agree on that, too. *** End of Tape 4 *** Meridian City Council Meeting October 5, 1999 Page 73 Corrie: Gary. Smith: Mr. Mayor. There was some interpretation made by me on the — in reading the legal description of the sewer line and these service lines, and I believe I interpreted it correctly. What it tells me is that thez service line to this (inaudible) is not in the easement as described; however, it is there and it has been for a lot of years. I don't know the legality of that, but I would assume it has some grandfather right if that's the right word, but I wouldn't swear to that. I think the main thing is to, since there is a conflict there, that this proposed improvement does not impact that existing sewer line and they maintain access to it. Apparently, that's the case. Thank you. Corrie: Thank you, Gary. Any other comments? Hearing none, I'll entertain a motion on the conditional use permit and for Findings of Facts (inaudible). Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that the City Council'pass in favor of the conditional use permit on an attached two -car garage and one bay carport/boat storage and remove or relocate existing small detached garage by Mel and Debi Lacy, 1414 North Meridian Road and for the attorneys to draw of Findings of Facts and Conclusions of Law and Decision and Order showing in favor with the staff comments. Anderson: Second. Corrie: Motion is made and seconded to request for the conditional use permit, Item No. 24, attorney draw up the Findings of Facts and Conclusions of Law with approval. Further comments? Hearing none, all those in favor of the motion say aye. a. MOTION CARRIED: ALL AYES 25. REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT STORAGE UNITS ON UNUSED PORTION OF COMMERCIAL LOT BY BERTA WAGNER — NORTHWEST CORNER OF MERIDIAN ROAD AND TAYLOR AVENUE: Corrie: Item No. 25 is a request for conditional use permit to construct storage units on unused portion of commercial lot by Berta Wagner northwest corner of Meridian Road and Taylor Avenue. Staff comments? You made your comments on September the 14th and the recommendation to the City Council. Any further comments? Stile: I have nothing to add. 0 October 1, 1999 • MERIDIAN CITY COUNCIL MEETING: OCTOBER 5 1999 APPLICANT: MEL AND DEBI LAiCCX ITEM #: 24 REQUEST: CONDITIONAL USE PERMIT TO ADD ON AN ATTACHED 2 CAR GARAGE AND 1 BAY CARPORT (BOAT STORAGE) AND REMOVE OR RELOCATE EXISTING SMALL DETACHED GARAGE AGENCY t CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER 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: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: C6140:43 COMMENTS SEE STAFF COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. C? .�a-1 A� ZlaC la -4-f I /,//&Iu1fi-4�0 Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 83 Barbeiro: Yes. Thank you. I move that we prepare findings for ther'equest for accessory use permit for the home daycare by Darcy Robertson at 1458 North Haven Cove Avenue with staff comments. De Weerd: Second. Borup: There's a motion to second. Any discussion? All in favor? MOTION CARRIED: ALL AYES. Borup: Thank you. Now, that's more like it. Hatcher: I'll schedule the review of the findings on this for October 12th; is that fair? PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT TO ADD ON AN ATTACHED 2 CAR GARAGE AND 1 BAY CARPORT AND REMOVE OR RELOCATE EXISTING SMALL DETACHED GARAGE -BY MEL ORDEBI LACY -1414 N. MERIDIAN ROAD, 3 BLOCKS SOUTH OF CHERRY LANE ON EAST SIDE: (APPROVE RECOMMENDATION TO CITY COUNCIL) Borup: Item No. 7, public hearing request for condition use permit to add an attached two -car garage and one bay carport. A removal or relocate existing structure by Mel or Debi Lacy. Shari, do you have any comments on this item? Stiles: Mr. Chairman, Commissioners, did you get the comments that we have dated September 13th? I don't have anything to- add to that. I can put up a transparency of the site plan that was submitted, if you'd like. Borup: Any questions for Shari? See none. Does the applicant here like to address this commission? Lacy: Mel Lacy at 14.14 North Meridian Road. I'd just like to add on the garage and carport to accommodate better parking off the road, ease the driveway situation with my neighbor to the south of me, and to be able to utilize my lot a lot better. It's a deep lot, it's 60 feet wide but 210 feet deep, and it's kind of hard to get into the back with the way the existing building sits there. I'd like to use that ; either tear it down or relocate it in the back as a storage building. But it'd be nice to have indoor parking for our cars. That's about it. Borup: Okay. Any questions from the Commission? Brown: Mr. Chairman. 0 • Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 84 Borup: Mr. Brown. Brown: Mel, have you seen the Staff report and their comments? Lacy: No, I have not. Brown: Would you look at this and make sure that there's not any problems that you're going to have with that. Lacy: 1 -guess I wasn't aware of on Item No. 1, 1 didn't realize there was a —`well, I did have a fax. I though I drew in there a five-foot setback on the boundary on the south. I guess my plan maybe didn't show that, but I thought that I had it in the same existing line as the existing house. Brown: Your sketch addresses — Lacy: Oh. On the south. I'm sorry. That existing — yeah. That's going to be — that's the one I'd like to remove. Borup: Yeah. That's referring to the existing garage. By moving that takes care of that problem. Lacy: I might even turn that into a studio apartment. It's just a garage and that's — just would just be left as a storage if I did move it. If not allowed to move it, it would definitely go. I want to back to the back of the property. Borup: Mr. Brown, was there any specific items that you hada concern on? Brown: There was like a question on one of the items (inaudible). No. 3 where the Staff wasn't sure of the intent. } Lacy: Oh. That's strictly just carport. I have a boat and a utility trailer I'd like to store in there, if I'm looking at it right. About closing it in? Brown: And I just didn't want to approve the conditions without you having the 'ability to see what they.were recommending as not a secret combination up here or anything, but you at least know what was going on. Lacy: Item No. 4, 1 guess I need a little clarification of what that is. Borup: Oh yes. That came up last time, I remember. Lacy: Right. And I thought we had that addressed, but — Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 85 Borup: Just make a note of that again. Lacy: From my understanding with Gary Smith before was everybody's on their f own to have their own sewer line. It shouldn't be tied into mine. Borup: And the building's not going to be over the top of the sewer line? 1 1 Lacy: The building — my building would be over top of mine unless if I need to relocate it, then (inaudible) Borup: Yeah: It looks like you don't have any buildings out along the property lines anyway that affect that. Lacy: Pardon? I didn't — Borup: You don't have any buildings out in the back that would affect that anyway, it looks like. Lacy: Right. Borup: Thank you. Any other — it sounds like the only thing of all the staff comments, the only one that maybe you had a question on was closing in the carport? You're saying that's not going to have cars parked there? It's going to be trailer storage? l Lacy: Trailer. Utility trailer,, 1 4 -foot utility trailer. Borup Okay. Thankyou. This is a public hearing. Do we have anyone from the public that'd like to — yes, ma'am. Mahnken: Hi. Jody Mahnken from 1422 North Meridian Road. I'm next door. October 20th, 1998, there was a condition use permit granted to Lacys to convert his garage to a bedroom and bath. I believe it has been done because I know people, his daughter goes'and spends the night in there. Borup: But this is a building he wants to tear down. Mahnken: Yes. So I just wanted to make sure that — is it going to be inhabited after it's moved, and when it's moved, will it be brought up to code? The other thing is that Mr. Lacy's house has a basement and a top floor. The basement has its separate entrance, actually two separate entrances. If, in the future, he sells that, that could be done as a rental unit; the upstairs could be also a Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 86 separate rental unit, and then if that garage is — which has the bathroom and bedroom could also be converted to a studio apartment, that would put three rental units on that property which would impact the neighborhood. On August 31St, 1998, the Planning and Zoning, I can read it, what he wanted to do initially was build on a bedroom. I just want to make sure that this is truly going to be'a garage and not be converted into a bedroom for his family, and I can read this, but it's from your minutes. Okay, and will the pool be five feet from the existing boundary line? I didn't see that. I have submitted just for the record a copy of the 1955 sewer easement for the file, and I want to submit a copy of the warranty deed which I found in my search from September 24th, 1963 which could clarify some more boundaries and building structures. I'm not familiar with the interpretation of it. My sewer line, I do have my own sewer line, and it does pass over his property one foot. May I give you this? Borup: Are you concerned that him adding this garage is going to affect your sewer line? Mahnken: Well, I just — there was something that needed to be stated. I just wanted to show you for the record where my line was located. Fred located my line for me, and he painted a green line. Borup: Okay. I'm not sure what pertinence that has to do with the application. Mahnken: Well, if he's putting the — well, okay. Let me just tell you. My sewer line has been there since 1955. Borup: And you said it goes one foot over his property? Mahnken: Yes. Borup: He doesn't have any buildings that affect that? Mahnken: Right, but I just wanted to make a condition of acceptance that the permissible easement be stated and that the clean-out be accessible so the sewer line can be.cleaned out, and I do have photos and a plat map, and Fred showed me where my line was and where the Lacy's line was. Borup: Okay. Thank you. Any questions from the Commission? Barbeiro: Mr. Chairman. Borup: Yes, Mr. Barbeiro. • Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 81 Barbeiro: With regards to her discussion about the possibility of turning his basement or upstairs into an apartment; would he not have to, or the new owner, have to come the Planning and Zoning Commission for an auxiliary lawn permit? Borup: Yeah. There — establish as a duplex or something. It wouldn't be approved. That correct? Wouldn't be approved now as a multi -family unit? Stiles: If they relocate that garage, the other conditional use is null and void if they have converted that garage into a living "unit now, it's not legal because there were no building permits issued for it. So we'll have the Building Department go out there and check it out prior to any permits being issued. Borup: Okay. Any other questions? Anyone else from the public? Mr. Lacy, I have one question for you. At least one. Just for the record, the garage is built for storing cars? Lacy: Correct. Borup: Okay. And the other garage is going to be moved to the (inaudib;e) proposing to tear down and move, that would be strictly as storage, you say? Lacy: Correct. Borup: Okay: And is there any problem with accessibility for your neighbor to get at the clean-out for her sewer line? Lacy: No. Borup: Okay. Thank you. Any other questions for Mr. Lacy? That's all I have Lacy: Thank you. Borup: Commissioners. Hatcher: I move that we close the public hearing. Barbeiro: Second the motion. Borup: We have a motion'to second to close the public hearing. Any discussion? All in favor? MOTION CARRIED: ALL AYES. Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 88 Borup: Okay. - Hatcher: Mr. Chairman. Borup: Yes, Mr. Hatcher. Hatcher: I move that we recommend to City Council the conditional use permit for the two -car garage and one bay carport to be constructed by Mel and Debi Lacy. The only clarification that I'd ask on that motion is that we just state for the record that in addition to the staff comments that the relocation of the existing pool comply with the five-foot setbacks that are -standard to UBC. Borup: Does that apply to an above -ground pool? Barbeiro: Any permanent structure has to stay (inaudible) Hatcher: Well, it's not (inaudible) Borup:� Shari, do you have a comment? Stiles: They do require a building permit. Borup: For an above -the -ground pool? Lacy: I do have one and they're working (inaudible) the setback. Hatcher: There wasn't a setback at all on the pool? Shari, can you clarify`that? Stiles: They would need to get another building permit. I don't think the one that they had was valid. I mean, it would (inaudible) for relocation, so they'd have to come back in and they would also have to get a certificate of zoning compliance which would mean they'd have to comply with whatever your conditional use requirements were. Hatcher: But the — the standard five-foot setback requirement does not apply to a pool? Stiles: The CC zone, which is what they're in, it may have zero side yard setback. But when they came in with their plans, we will require the five-foot setback if that's what your approval is. That's (inaudible) Hatcher: Strike that corfdition. 0 Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 89 Borup: Okay. That's what's different here is the CC zone. Hatcher: Okay. Borup: It's not a regular residential zone. Stiles: And they need to comply with whatever their site plan is that they've submitted. Hatcher: Okay. I'll just clarify my motion that we approve it based upon staff comments. Borup: All staff comments, even closing – how about closing in the carport? Hatcher: I don't'see that that's required. Borup: So all staff comments except for that. , Hatcher: Except for that, yes. Borup: Do we have a motion? Barbeiro: Second the motion. Borup: Motion to second. Any discussion? All in favor? MOTION CARRIED: ALL AYES. Borup:' Thank you. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT STORAGE UNITS ON UNUSED PORTION OF COMMERCIAL LOT BY BERTA WAGNER—NW CORNER OF MERIDIAN RD AND TAYLOR AVE: (APPROVE RECOMMENDATION TO CITY COUNCIL) Borup: Item No. 8, public hearing request for conditional use permit to construct storage units on unused portion of commercial lot by Berta Wagner. Do we have a staff report on – Stiles: Mr. Chairman, Commissioners, our report is dated today. We had nothing in addition to the ten site-specific requirements basically just to comply with all ordinance requirements, and also as Meridian Road is an entryway - BEFORE THE PLANNING ;AND ZONING COMMISSION IN THE MATTER OF THE ) Case No. CUP -99 REQUEST FOR CONDITIONAL ) q. . USE PERMIT FOR 2 CAR ) RECOMMENDATION TO `CITY GARAGE AND 1 BAY CARPORT ) COUNCIL ADDITION ) MEL & DEB LACY, ) Applicant ) INTRODUCTION b 1. The property is located at 1414 N. Meridian Road, 3 blocks south of Cherry'Lane, Meridian, Idaho. 2. The owner'of record of the subject property Mel A. Lacy of 1414 N. Meridian Road, Meridian. 3. Applicant is Niel and Debi Lacy. 4. The subject property is currently zoned Community Business (CC). The zoning district of CC is defined within the City,_, of Meridian Zoning and Development Ordinance, Section 11-2-408(B.9). 5. The proposed application requests a conditional use permit for construction of an attached 2 car garage, 26' 6" x 48' and one bay carport for boat storage and to remove and/or relocate the existing small detached garage. The RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT — 2 CAR GARAGE AND I BAY CARPORT ADDITION — MEL & DEBI LACY r r t f zoning designation within the City of Meridian Zoning and Development Ordinance 11-2-406 concerns non -conforming structures and uses and requires a conditional use permit be obtained for a change or expansion of a non -conforming structure or use. (Meridian City Zoning and Development Ordinance, Section 11-2-409). RECOMMENDATION I . The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the applicant, subject to the following: Adopt the recommendations of the Assistant'to the City Engineer and the P&7- Administrator: &ZAdministrator: 1.1 The proposed garage and carport shall be constructed per the Uniform Building Code and meet all minimum setback requirements of the City 1.2 °If the Applicant intends to use the detached garage (proposed t relocate to the far east end of property) as a studio apartment, a separate Conditional Use Permit will be required. Any relocation of the existing building will require that the building meet all current Codes. 1.3 A privately owned and maintained sewer line crosses this property in the approximate location of the building expansion. applicant should_ be prepared to discuss ownership and any liability issues if buildings are erected over this line. The City of Meridian has no responsibility or ownership but is -concerned about potential for blocking future access to the line for maintenance purposes. 1.4 This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. An approval of transfer will be required -for any new owners/tenants. ey/Z:\Work\M\Meridian 15360M\Iacy CUP\CUP.Rec RECOMMENDATION TO CITY COUNCIL - 2 ` CONDITIONAL USE PERMIT — 2 CAR GARAGE AND 1 BAY CARPORT ADDITION — MEL & DEBI LACY a JUSTIN P. AYLSWORTH JULIE KLEIN FISCHER WM. F. GIGRAY, 111 D. SAMUEL JOHNSON WILLIAM A. MOR -Row CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCER. WHITE • 0 WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466-9272 FAX (208) 466-4405 E-MAIL: WFG@WPPMG.COM October 1, 1999 William G. Berg, Jr. Meridian City Cleric 33 E. Idaho Meridian, Idaho 83642 f r MERIDIAN OFFICE 200 EAST CARLTON AVENUE SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL. (208) 288-2499 FAX (208) 288-2501 PLEASE REPLY TO MERIDIAN OFFICE 4 I Re: 1. CUP -99 BY MEL & DEB LACY 2. CUP -99-029 BY BERTA WAGNER Will: Please find enclosed the originals of the Recommendations to the City Council by the Planning and Zoning Commission on the above referenced applications. Please note these matters will be heard before the City Council on October 5, 1999. Very truly yours R `Stephe Rutherford Enclosures msg/Z:\Work\M\Meridian 15360M\Meridian FOrms\PZReCC1k.Itr a MEMORANDUM: September 13, 1999 To: Planning & Zoning Commission, Mayor & City Council SEP 14 1999 From: Bruce Freckleton; Assistant to City, Engine r City of Meridian Shari Stiles, P&Z Administrator City Clerk Office Re: Request for Conditional Use Permit to Add On an Attached 2 -Car Garage and 1 Bay Carport and Relocate Existing Detached Garage in a C -C Zone by Mel A. Lacy We have reviewed this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: This site is located in a C -C zone. The Applicant has grandfather rights for use of the existing residence. The Applicant applied for a Conditional Use Permit from the City in July 1998 to convert the garage into a studio apartment, which was approved. However, no building permit was ever issued for conversion of the garage. City Ordinance Section 11-2-406 deals with non- conforming buildings, structures and uses. Specifically, this Section permits a change or expansion of non -conforming structures only through the conditional use process. 1. The proposed garage and carport shall be constructed per the Uniform Building Code and meet all minimum setback requirements of the City. The existing garage does not meet the minimum 5' setback from the south boundary. As shown on the plan, the relocated garage meets setback requirements. 2. If the Applicant intends to use the detached garage (proposed to relocate to the far east end of property) as a studio apartment, a separate Conditional Use Permit will be required. Staff will recommend denial if proposed due to poor accessibility on site. However, Staffs understanding is that the garage relocation is for storage only. Any relocation of the existing building will require that the building meet all current Codes. 3. It is not clear from the application if the Applicant intends to enclose the carportiboat storage area on the north side. Staff recommends this be enclosed to reduce potential fumes and noise impact on the adjacent property to the north. 4. A privately owned and maintained sewer line courses this property in the approximate location of the building expansion. Applicant should be prepared to discuss ownership and any liability issues if buildings are erected over this line. The City of Meridian has no responsibility or ownership but is concerned about potential for blocking future access to the line for maintenance purposes, private or not. �A. I:3oq J HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT City Council Members OF MERIDIAN (208) 288-2499 - Fax 288-2501 .CITY PUBLIC WORKS CHARLES ROUNTREE` 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 - Fax 887-1297 RON ANDERSON (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax ( 208) 888-4218 DEPARTMENT (208) 8845533 - Faz 887-1297 MEMORANDUM: September 13, 1999 To: Planning & Zoning Commission, Mayor & City Council SEP 14 1999 From: Bruce Freckleton; Assistant to City, Engine r City of Meridian Shari Stiles, P&Z Administrator City Clerk Office Re: Request for Conditional Use Permit to Add On an Attached 2 -Car Garage and 1 Bay Carport and Relocate Existing Detached Garage in a C -C Zone by Mel A. Lacy We have reviewed this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: This site is located in a C -C zone. The Applicant has grandfather rights for use of the existing residence. The Applicant applied for a Conditional Use Permit from the City in July 1998 to convert the garage into a studio apartment, which was approved. However, no building permit was ever issued for conversion of the garage. City Ordinance Section 11-2-406 deals with non- conforming buildings, structures and uses. Specifically, this Section permits a change or expansion of non -conforming structures only through the conditional use process. 1. The proposed garage and carport shall be constructed per the Uniform Building Code and meet all minimum setback requirements of the City. The existing garage does not meet the minimum 5' setback from the south boundary. As shown on the plan, the relocated garage meets setback requirements. 2. If the Applicant intends to use the detached garage (proposed to relocate to the far east end of property) as a studio apartment, a separate Conditional Use Permit will be required. Staff will recommend denial if proposed due to poor accessibility on site. However, Staffs understanding is that the garage relocation is for storage only. Any relocation of the existing building will require that the building meet all current Codes. 3. It is not clear from the application if the Applicant intends to enclose the carportiboat storage area on the north side. Staff recommends this be enclosed to reduce potential fumes and noise impact on the adjacent property to the north. 4. A privately owned and maintained sewer line courses this property in the approximate location of the building expansion. Applicant should be prepared to discuss ownership and any liability issues if buildings are erected over this line. The City of Meridian has no responsibility or ownership but is concerned about potential for blocking future access to the line for maintenance purposes, private or not. �A. I:3oq P&Z Commission, Mayor & Council I September 13, 1999 4 Page 2 I 5. The Meridian Fire Department needs to review this application and any building plans for conformance with the Uniform Fire Code. 6. This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. An approval of transfer will be required for any new owners/tenants. Lag2.CUP .r ...�• ry'k�.� � ®.:� .� v.® � � aT� Y®M .Uil....+ N•.I�>.. �.Iaf'f :na.i/ii+'' trVS +R p. '�.r� •t'. ;ia A _:'14Y'N�' by�Y R •�S ,rwryr .tit . `fy "2 4t11 +'. a' kz'C JA.•�l V ; %7 •t4�bM' . Ai ._.A K d: d ...� ._.:F,�- _ ,.tet. N:2. Lt � •5.:_• �� "'� � �n v+�' _ rt • t._ "y:tr`,`k�;X1, .. 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N N 04 O H N O m N O C N O N Y O i0 O h m0 m ¢ H T Nit C4 N n O O N O N H O Y O N O K O M N m N 0 n O Of m O ^ K N O °i N •- N O O 01 65 m M as y N M m m ^ m N:: O N N K cr m QY Y N - IOcrIr a LD In it r• C-4Mr 3a 1 OS gvoi 3• 59 t DOGOZ06ZL98It 98 n OY•• O O O N H O O 59 59 Ge N O O N M h x O O m N s N O O Y h Y O N I O O^ 01 �ppq} ry O N O M O m Nqn 1 h O N N k 98 '."6 m Cadrn .N-. u C .O ry 1 N m q n N N g a' m K m C t0 m 1 �p K 01 N m 10 ss �O tY 0: 66 if-+ 63 �:.:�::.:�.:.,.:...:.,..::.;. ....... ..... .Fit.►{_�1%F fil�.,..:. .... ., .. ,.. :::::.:....:..:::.�:: .. p I ell /C A l, Date: October 5, 1999 f To: Planning & Zoning Commission, Mayor and City Council" From: Mel and Debi Lacy 0 ,RECEIVE OCT 0 5 1999 F CITY OF MERIDIAN CITY CLERK OFFICE We have reviewed the 'minutes from the hearing, and the memorandum from the Planning & Zoning Commission. We offer the following comments to be considered. As per items in the memo; #1 We fully intend, and will build the addition upon approved plans from the Meridian Building Department. The existing detached garage was in place prior to the house construction mi 1958 accounting for no setbacks. We would like to relocate the building to gain access to the rear of the property. #2 We do notintendto use the relocated detached garage as a studio apartment. The building would be used for storage of lawn care equipment kids toys, etc. The building would be located upon new footings and foundations as per approved plans from the Building Department. #3 The building plans that we will submit to the Building Department will indicate the north sidewall to be Lap siding (to match existing on the house) for the full length of the structure, (including the carport section). Then east of the structure, along the north property line will be a 6' cedar fence running to the East property line. #4 Our understanding from Gary Smith about the sewer taps from the main line were suppose to be (1) per lot, and each homeowner was responsible for their own line. Gary.. showed us a map where the taps were supposed to be located. We do not feel it should be our responsibility to provide Ms. Mahnken access to the main line through our property, but if that is the legal out come of the matter, we will comply. Our intended location of the detached garage is 5' from north property line and 15' from east property line. This should accommodate access to the tap indicated on the map submitted by Ms. Mahnken. #5, 6 We fully agree to these conditions. Our comments on the minutes; We feel that some of the wording didn't come through properly on the tape, or I didn't get across what I meant to say. We have no intentions of turning the Detached Garage into a studio apartment. At the time in July of 98' we were trying to blend (2) families and needed extra space for our 17yr old daughter. She has since moved out, therefore a Studio Apartment is no longer and issue. We want to thank you all for your time involved in this process, and we hope you will grant us this use of our property. Wemay not be able to attend the meeting this evening but wanted an opportunity to clarify some of the issues that were brought about in the memorandum from the City of Meridian. Respectfully Mel and Debi Lacy 3 • E Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 83 Barbeiro: Yes. Thank you. I move that we prepare findings for the 'request for accessory use permit for the home daycare by Darcy Robertson at 1458 North Haven Cove Avenue with staff comments. De Weerd: Second. Borup` There's a motion to second. Any discussion? All in favor? MOTION' CARRIED: ALL AYES. Borup: Thank you. Now, that's more like it. Hatcher: I'll schedule the review of the findings on this for October 12th; is that fair? PUBLIC HEARING:--REOEEST FWR CONDITIONAL USE iPERMIT TO ADD ON AN ATTACHED 2 CAR'GARAGE AND 1 BAY CARPORT AND REMOVE OR RELOCATE EXISTING SMALL DETACHED GARAGE -BY MEL OR DEBI LACY -1414 N. MERIDIAN ROAD, 3 BLOCKS SOUTH OF CHERRY LANE ON EAST SIDE: (APPROVE RECOMMENDATION TO CITY COUNCIL) Borup: Item No. 7, public hearing request for condition use permit to add an attached two -car garage and one bay carport. A removal or relocate existing structure by Mel or Debi Lacy. Shari, do you have any comments on this item? Stiles: Mr. Chairman, Commissioners, did you get the comments that we have dated September 13th? I don't have anything to add to that. I can put up a transparency of the site plan that was submitted, if you'd like. Borup: Any questions for Shari? See none. Does the applicant here like to address this commission? Lacy: Mel Lacy at 1414 North Meridian Road. I'd just like to add on the garage and carport to accommodate better parking off the road, ease the driveway situation with my neighbor to the south of me, and to be able to utilize my lot a lot better. It's a deep lot, it's 60 feet wide but 210 .feet deep, and it's kind of hard to get into the back with the way the existing building sits there. I'd like to use that ; either tear it down or relocate it in the back as a storage building. But it'd be nice to have indoor parking for our cars. That's about it. Borup: Okay. Any questions from the Commission? Brown: Mr. Chairman. 1 0 Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 84 Borup: Mr. Brown. Brown: Mel, have you seen the Staff report and their comments? Lacy: No, I have not. Brown: Would you look at this and make sure that there's not any problems that you're going to have with that. Lacy: I guess I wasn't aware of on Item No. 1, 1 didn't realize there was a — well, I did have a fax. I though I drew in there a five-foot setback on the boundary on the south. I guess my plan maybe didn't show that, but I thought that I had it in the same existing line as the existing house. Brown: Your sketch addresses — Lacy: Oh. On the south. I'm sorry. That existing — yeah. That's going to be — that's the one I'd like to remove. Borup: Yeah. That's referring to the existing garage. By moving that takes care of that problem. Lacy: I might even turn that into a studio apartment. It's just a garage and that's —just would just be left as a storage if I did move it. If not allowed to move it, it would definitely go. I want to back to the back of the property. Borup: Mr. Brown, was there any specific items that you hada concern on? Brown: There was like a question on one of the items (inaudible). No. 3 where the Staff wasn't sure of the intent. Lacy: Oh. That's strictly just carport. I have a boat and a utility trailer I'd like to store in there, if I'm looking at it right. About closing it in? Brown: And I just didn't want to approve the conditions without you having the ability to see what they were recommending as not a secret combination up here or anything, but you at least know what was going on. Lacy: Item No. 4, 1 guess I need a little clarification of what that is. Borup: Oh yes. That came up last time, I remember. Lacy: Right. And I thought we had that addressed, but — Meridian Planning and Zoning Committee Special Meeting September 14, 1.999 Page 85 Borup: Just make a note of that again. Lacy: From my understanding with Gary Smith before was everybody's on their own to have their own sewer line. It shouldn't be tied into mine. Borup: And the building's not going to be over the top of the sewer line? Lacy: The building — my building would be over top of mine unless if 1 need to relocate it, then (inaudible) Borup: Yeah. It looks like you don't have any buildings out along the property lines anyway that affect that. Lacy: Pardon? I didn't — Borup:- You don't have any buildings out in the back that would affect that anyway, it looks like. Lacy: Right. Borup: Thank you. Any other — it sounds like the. only thing of all the staff comments, the only one that maybe you had a question on was closing in the carport? You're saying that's not going to have cars parked there? It's going to be trailer storage? Lacy: Trailer. Utility trailer, 14 -foot utility trailer. Borup: Okay. Thank you. This is a public hearing. Do we have anyone from the public that'd like to — yes, ma'am. Mahnken: Hi. Jody Mahnken from 1422 North Meridian Road. I'm next door. October 20th, 1998, there was a condition use permit granted to Lacys to convert his garage to a bedroom and bath. I believe it has been done because I know people, his daughter goes and spends the night in there. Borup: But this is a building he wants to tear down. Mahnken: Yes. So I just wanted to make sure that — is it going to be inhabited after it's moved, and when it's moved, will it be brought up to code? The other thing is that Mr. Lacy's house has a basement and a top floor. The basement has its separate entrance, actually two separate entrances. If, in the future, he sells that, that could be done as a rental unit; the upstairs could be also a Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 86 separate rental unit, and then if that garage is — which has the bathroom and bedroom could also be converted to a studio apartment, that would put three rental units on that property which would impact the neighborhood. On August 31St, 1998, the Planning and Zoning, I can read it, what he wanted to do initially was build on a bedroom. I just want to make sure that this is truly going to be a garage and not be converted into a bedroom for his family, and I can read this, but it's from your minutes. Okay, and will the pool be five feet from the existing boundary line? I didn't see that. I have submitted just for the record a copy of the 1955 sewer easement for the file, and I want to submit a copy of the warranty deed which I found in my search from September 24t", 1963 which could clarify some more boundaries and building structures. I'm not familiar with the interpretation of it. My sewer line, I do have my own sewer line, and it does pass over his property one foot. May I give you this? Borup: Are you concerned'that him adding this garage is going to affect your sewer line? I Mahnken: Well, I just — there was something that' needed to be stated. I just wanted to show you for the record where my line was located. Fred located my line for me, and he painted a green line. Borup: Okay. I'm not sure what pertinence that has to do with the application. Mahnken: Well, if he's putting the — well, okay. Let me just tell you. My sewer line has been there since 1955. Borup: And you said it goes one foot over his property? Mahnken: Yes. Borup: He doesn't have any buildings that affect that? Mahnken: Right, but I just wanted to make a,condition of acceptance that the permissible easement be stated and that the clean-out be accessible so the sewer line can be cleaned out, and I do have photos and a plat map, and Fred showed me where my line was and where the Lacy's line was. Borup: Okay. Thank you. Any questions from the Commission? Barbeiro: Mr. Chairman. Borup: Yes, Mr. Barbeiro. i i Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 87 Barbeiro: With regards to her discussion about the possibility of turning his basement or upstairs into an apartment; would he not have to, or the new owner, have .to come'the Planning and Zoning Commission for an auxiliary lawn permit? Borup: Yeah. There — establish as a duplex or something. It wouldn't be approved. That correct? Wouldn't be approved now as a multi -family unit? Stiles: If they relocate that garage, the other conditional use is null and void if they have converted that garage into a living unit now, it's not legal because there were no building permits issued for it. So we'll have the Building Department go.out there and check it out prior to any permits being:issued. Borup: Okay. Any other questions? Anyone else from thepublic? Mr:.Lacy, I, have one question for. you. At least one. Just for the record, the garage is built for storing cars? Lacy: Correct. Borup: Okay. And the other garages is going to be moved to the (inaudible) proposing to tear down and move, that would be strictly as storage, you say? Lacy: Correct. Borup: Okay. And is there any problem with accessibility for your neighbor to get at the clean-out for her sewer line? Lacy: No. Borup: Okay. Thank you. Any other questions for Mr. -Lacy? That's all I have. Lacy: Thank you. Borup: Commissioners. I Hatcher: I move that we close the public hearing. ` 4 Barbeiro: Second the motion. Borup: We have a motion to second to close the public hearing. Any discussion? All in favor? MOTION CARRIED: ALL AYES. Meridian Planning and Zoning Committee Special Meeting i September 14, 1999 ' Page 88 _ Borup: Okay. Hatcher: Mr. Chairman. Borup: Yes, Mr. Hatcher. Hatcher: I move that we recommend to City Council the conditional use permit for the two. -car garage and -one bay carport to be constructed by Mel and Debi Lacy. The only clarification that I'd ask on that motion is that we just state for the record that in addition to the staff comments that the relocation of the existing pool comply with the five-foot setbacks that are standard to UBC. i Borup: Does that apply to an above -ground pool? i Barbeiro: An permanent structure has to stay Y p y (inaudible) Hatcher: Well, it's not (inaudible) Borup: Shari, do you have a comment? Stiles: They do require a building permit. Borup: For an above -the -ground pool? Lacy: I do have one and they're working (inaudible) the setback. Hatcher: There wasn't a setback at all on the pool? Shari, can you clarify that? Stiles: They would need to get another building permit. I don't think the one that they had was valid. I mean, it would (inaudible) for relocation, so they'd have to come back in and they would also have to get a certificate of zoning compliance which would mean they'd have to comply with whatever your conditional use requirements were. Hatcher: But the — the standard five-foot setback requirement does not apply to a pool? Stiles: The CC zone, which is what they're in, it may have zero side yard setback. But when they came in with their plans, we will require the five-foot setback if that's what your approval is. That's (inaudible) Hatcher: Strike that condition. Meridian Planning and Zoning Committee Special Meeting September 14, 1999 Page 89 Borup: Okay. That's what's different here is the CC zone. f Hatcher: Okay. Borup: It's not a regular residential zone. Stiles: And they need to comply with whatever their site plan is that they've submitted. Hatcher: Okay. I'll just clarify my motion that we approve it based upon staff comments. i Borup: All staff comments, even closing – how about closing in the carport? } Hatcher: I don't see that that's required. Borup: So all staff comments except for that. Hatcher: Except for that, yes. Borup: Do we have a motion? Barbeiro: Second the motion. Borup: Motion to second. Any discussion? All in favor? MOTION CARRIED: ALL AYES. Borup: Thank you. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT STORAGE UNITS ON UNUSED PORTION OF COMMERCIAL LOT BY BERTA WAGNER—NW CORNER OF MERIDIAN RD AND TAYLOR AVE: (APPROVE RECOMMENDATION TO CITY COUNCIL) Borup: Item No. 8, public hearing request for conditional use permit to construct storage units on unused portion of commercial lot by Berta Wagner. Do we have a staff report on – Stiles: Mr. Chairman, Commissioners, our report is dated today. We had nothing in addition to the ten site-specific requirements basically just to comply with all ordinance requirements, and also as Meridian Road is an entryway Y MERIDIAN PLANNING & ZONING MEETING: SEPTEMBER 14, 1999 APPLICANT: ° MEL OR DEBI LACY _ ITEM NUMBER: 7 REQUEST: CONDITIONAL USE PERMIT TO ADD ON AN ATTACHFn 2 CAR r;ARAr,F ANn I RAV AGENCY CITY CLERK: R CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITT COMMENTS 4z EE. CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: �` r BUREAU OF RECLAMATION: GUff INTERMOUNTAIN GAS: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. f -Ur "W lt'th6no 4 J, oar d1f. 0, V5�1 Ot, VW; 6 Boar I d i lt'fi�of. gr -7- Gtano or•_2 sea t B1ocM:'4 e o GO 1t one t.W4 , (. poinr, 'gn. 4 tmaz j,� wate,r -r di -W " I&W I btlonq.� i To ed thirith A ..neih 6 bo,ft, t 6' o* a,,t ir:ora Vou d * a,,*t ir.:O MO lion o a pr.a t igDt11TV tv V v 14"..Wlth', do' r 1 h d' itsmilv'41 o"ri,,Aitl the OsId C;rii%M i the ik and, ihV tei a"# iif Wd too I pat.t in fr" 4 ir 1-1 10t L�i sild 6a'ti�'.bAhAt a he All *Acuirb tvs At h� 111' ml'�% And J:d- A �t 7.li . .... . b umoi coum•or S�ATZ'OF, il)Ao, !CPUNTYt or" 'DA 44 er. a t t7T81jr JAW.': j� do*, 6? wi *0 t ! h NetarT NWJ4 Ma 4419 GPAMT'td MO 41A L 64 A I-af wt 169 rht the! MIAMN Ids i. I". s JI... X� iw:, 0 '1t, Apwe�.Re••1reQt7�, Ae �+,•�.�j?,+r•e%��f.,lree►� 1 � �•i� 'T 4-71" v_ 17 f -Ur "W lt'th6no 4 J, oar d1f. 0, V5�1 Ot, VW; 6 Boar I d i lt'fi�of. gr -7- Gtano or•_2 sea t B1ocM:'4 e o GO 1t one t.W4 , (. poinr, 'gn. 4 tmaz j,� wate,r -r di -W " I&W I btlonq.� i To ed thirith A ..neih 6 bo,ft, t 6' o* a,,t ir:ora Vou d * a,,*t ir.:O MO lion o a pr.a t igDt11TV tv V v 14"..Wlth', do' r 1 h d' itsmilv'41 o"ri,,Aitl the OsId C;rii%M i the ik and, ihV tei a"# iif Wd too I pat.t in fr" 4 ir 1-1 10t L�i sild 6a'ti�'.bAhAt a he All *Acuirb tvs At h� 111' ml'�% And J:d- A �t 7.li . .... . b umoi coum•or S�ATZ'OF, il)Ao, !CPUNTYt or" 'DA 44 er. a t t7T81jr JAW.': j� do*, 6? wi *0 t ! h NetarT NWJ4 Ma 4419 GPAMT'td MO 41A L 64 A I-af wt 169 rht the! MIAMN Ids i. I". s JI... X� iw:, 0 '1t, t �' tr- �'�.'� 5'�4•a, 'vird F t;r..,.,Y^=' y -v ��' �'�.�• ...�.+ 1. 'RP 46.36 h SEP 1 4 1999 ,ZC1.TY OF MERIDIAN R1,61f'f0 F WAY EASDM—. Y CITY CLERK OFFICE Thin'°indenture 'mA. a-andentered into this da rot December , 2955, . by and between Ft E. Morford and 'Tacoma uucand and wife, Morrord,/ of Meridian Idaho ,~as grantor and the City of Meridian, Ada County, Idaho, a municipal oorpora- tion, as grantee, WITNESS1;br_ W`dEREAS, the said grantor is the owner in fee simple of a parcel of land lying and being within the corporate limits'of said City,of Meridian, Ada County, Idaho, particularly described as follows: J(7 n 88rin 61-1 Ind It. r*PPt Wide a^C! 21.6 feat iitLT v, Bald SGj'j..g -:1(jt5l:0, 1 f;:et of the West One-half of the Porth 246 feet"oi :dock 4, Nourse's Third Addition, Meridian, Ada 4 Also strips OL' l --Arid 8 feet wida extending .from the lateral sews -r wesLuriv ;.o ;.he uound:iry o£ adjoining property in thu Irortrl feet of 816ck 4, Noursets Third Addition, Nuviai9h, nd i CounLy-, Idaho. The serer ptne on said land shall be laid not more six ieet west or' the east boundary of the above described.. proper ty. AND VHF EAS) the grantee herein desires to construct a pipe line for conveying sewage upon and across the AbnvA described land in connection with additional sewer lines and sewage treatment plant authorized by bond election in said city held August 30, 195; TFEREFOpE, in consideration of the suas'of one dollar ($1.00) lawful money of the United States and other good apd valuablt con- sideration in hand paid, -the receipt for which it hereby ackngw- ledged, the undersigned, F. h. Morford and Tacoma Morford, _ r do_ hereby give and grant the City of Meridian, its suocessors, and assigns forever, the right to lay, maintain, operate, us*, re- pair and remove a certain pipe line far oonvsying swags through, over and across the above described. real property for the ptIr oee aforesaid, jt' 3 -✓ter _, -- .rr,., � . . I _- -- RECEIVUD _ y SEP 1,4 1999 71 } CITY OF MERIDIAN .. ". . CITY CLERK OFFICE M 7 Said pipe and pipe line shall be laid under the e.irtaee of I the ground and the soil around the sale shall be packed,, reasonabl;; level with the surface of the ground. I The grantee shall at all times have full and free aooees to f the right of way for said pipe line for any necessary purpose connected with the use, operation, repair and enjoyment of said pipe line, and shall have full •`and -free access at all 'times through its agents, servants and'! employees. to and across -the above desex•ibed lands of the gran`lior for all purposes oontieated I with this easement, This easement and the considerations paid thereunder are agreed by the undersigned grantor to be in full settlement of all damages which in ar,y way or manner may be sustained by reason of the i^atallation, construction, ropair, use and occupancy of tho { said pipe line thru and across the within dosoribed lands of the said grantors, except a's herein specifically statad, k DATED This day of Cecumber , 1955, I' GRANTO I. It 1 { STATE OF county of 33. On this day of ecember undersigned, a - ballore me, the 90tarY Pubil,3 appeared y .. in and for Bald State Nlo,rford personally a-na--Tacoma Who executed the Morfo Person S rd husband and wife foregoing In trurnent to rie that —he they) qxeouto t , he and go d IN WITNESS WHEREOF -L' - . ,I have hereunto set m rV official seal t n y hand and a f-' he day and Year itills written certificate fi rat abo,., fNo t Y Pu r Not i__ SIP, or Residenae.:. i jar, --Blbo .a n, —UtEIAIA�d - ij_o--- au�L__ SPATE' ril., tile ""Illext -k -2 J 1 1 ....................... 19-ISX Ptecpm#4 T110AfA$ ..ecar.." ....... s II Al P� S { /K I WA UT TfIE�'S ' q .g EX 157 rNG j 3 -RAIL Wfi/TE FEn/CF! fl r4 �S� AIEW h� 1 (�r��(-J FIovJfR f sH,e d8 6E,D � N TREE r d ,-- xt /i); - I-OCA-rO J Fo,ex rsTi�/C�IJ Po OL ALC ASN TRS W1��OcrJ j 4 � r'IICt�I !SD I j � ��x(srin/6•) 210 2 J , FoQSYTF+,A V�oE o5ED NEW 6AP_A61t _ - -4 CAP io-r- F-=oma 'RFw�r: �„ I M;U-L E �, t L-Ac-Y EXi5rlrr> 'r , comcRcff I qlq 11� MEQ/D�r1�tf 5?" . 2 NEuJ � I— —�y--- i _ � ��Or�!✓ � IO 8 3 � S�Z... , i FLOWOS / / /1,�;. { I EVEIC4R (: .. 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