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HomeMy WebLinkAboutOliason Park Subdivision VARMayor ROBERT D. CORR[E Council Membere CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KELTH BIRD HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT 008) 881-1361 PI,BLIC ~L'ORKS BUILDING DEPARTMENT 1308> s8~-33I I PLANNING AND ZONING DEPARTMENT (308)881-533 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6, 1998 TRANSMITTAL DATE: August 28, 1998 HEARING DATE: October 13, 1998 REQUEST: VARIANCE FOR OLIASON PARK SUBDIVISION BY: J.J. HOWARD ENGINEERS LOCATION OF PROPERTY OR PROJECT: East of 603 E. Pine TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATIO(N) YOUR CONCISE REMARKS: ~ / ~~ ~-- ,. , ~ c- i fI ~/ (~ r N C9 r MERIDIAN CITY COUNCIL MEETING: JANUARY 5 1999 APPLICANT: TONY HICKEY ITEM NUMBER: 4 REQUEST: VARIANCE FOR OLIASON PARK SUBDIVISION AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS TO BE SUBMITTED CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING 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: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council Meeting December 15, 1998 Page 6 Corrie: Motion made by Mr. Rountree second by Mr. Bird City Council of the City of Meridian adopts and approves the Findings of Fact and Conclusions of Law and Order of Decision. ROLL CALL VOTE: Bird, yea. Bentley, yea. Rountree, yea. Anderson, yea. MOTION CARRIED: All ayes. 4. PUBLIC HEARING: REQUEST FOR VARIANCE FOR OLIASON PARK SUBDIVISION BY TONY HICKEY -EAST OF 603 PINE: 5. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 2.84 ACRES FOR PROPOSED OLIASON PARK SUBDIVISION BY TONY HICKEY - EAST OF 603 PINE: 6. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED OLIASON PARK SUBDIVISION BY TONY HICKEY -EAST OF 603 E. PINE: Corrie: At the present time I'll open the public hearing on items 4, 5, and 6 and we'll hear the annexation and zoning request first, and I invite the representative of Oliason Park Subdivision to start. The procedure here tonight will be that we'll hear from the developer and then we'll have all the testimony for the public hearing and then after that we'll have the testimony against and then we'll have a rebuttal from the director of the Oliason Park. Give us your name and address, start. JIM HOWARD, JJ HOWARD ENGINEERING, WAS SWORN BY THE CITY ATTORNEY. Howard: We are before the for a rezone, annexation and a variance. There will - I don't suppose that - do you have a copy of the plat in your packet? That will work if you have one in your packet. The Planning and Zoning Commission recommended approval of this subdivision and we're coming before you with the one special request is a variance. The variance is really centered around three or four items. There were some limitations imposed upon us by the extension of Idaho, and access on Pine. The parcel is so deep some 341 feet deep that what we've done is we've looked at that in terms of the economy of developing that parcel and we created 11 lots out of it. The lot sizes range from one lot at 19,178 feet, one lot a 9,400, four at 9,282, three at 9,000 and two at 7,125. We're requesting a variance based on the size of those lots. It would be difficult to with that lot size, I believe the zone in that area is either 6,000 or 6,500 so you can see we're well above the lot size. We're not looking for any reductions in the lot size. It's just that frontage. We have looked at it and we know that we can develop attractive homes on that size of lot. It's an in-fill project. The geometry imposed on us by the extension of Idaho, we looked at various concepts, came to the city and said you Meridian City Council Meeting December 15, 1998 Page 7 know do you really want Idaho extended? ACHD really left it up to the city and the city determined that Idaho needed to be extended. So that left us a parcel that's pretty deep, and in order to be competitive in that market place in the setting with an in-fill project based on the homes around them, we elected to generate 11 lots out of it. So that's the only unusual request that we're coming -well it's pretty much a standard request and like I say the Planning and Zoning Commission didn't seem to have a problem with that, and we're before the Council, and I'm ready to answer any questions you might have. There has been a number of proposals that we came forward with and we just kept amending them downward. We started with even a higher density townhouse situation, and it's gone from a townhouse to single family to accommodate the neighbors and the neighbors' concerns. So we're at a point right now where if we were to reduce the lot count, we just really can't develop it, but we're comfortable with this, and I hope you are. That's all I have. If there's any questions that I can answer, I would be happy to do it. The owner is here also for those questions that I can't answer, I'm sure he can. Corrie: Any questions from Council? Bird: I have none. Rountree: Mr. Mayor, Mr. Howard, would you go into a little more depth about the reason for the variance and -what the hardship is. Howard: If you'll look at the plat, the overall depth between Idaho and Pine, this development is 341 feet. Ideally we'd like that longer. In the marketplace, we've got to create a yield. We can sell those lots with a dwelling on it that will fit into the neighborhood for a certain amount. If the number is reduced beyond what it is now, it becomes uneconomical to develop that parcel and it will lay in an agricultural state, and it's close to the city. The hardship that was really imposed is had we not had to extend Idaho, and we were limited frontage on Pine, it would have been a little easier parcel to develop. So in essence it's the geometry of the parcel that has made it more difficult to develop. Therein lies the real problem that (Inaudible) in depth or it's much deeper in depth than we'd like to see, but again we're generating very large lots, and there are plans that we can submit to the city if needed that would show the way we can balance those lots out their depth. So there's lots of room on the parcel itself. It's just the geometry that is difficult to develop. It's a parcel that will be tough to develop and we had a real good plan for a townhouse concept, but I think the neighbors just weren't comfortable with it. They wanted to see the single family units and that's what we came to. So we came back to the city with single family as opposed to townhouses. It was easier to develop in the townhouse concept, and we came before P & Z with it. So really the hardship to answer your question is geometry, the imposition of extension of Idaho, creating all the improvements and those have to be shouldered in the costs of Meridian City Council Meeting December 15, 1998 Page 8 the marketplace and bringing those into a competitive marketplace with all the houses around it. Rountree: And the variance is on the lot frontages. Howard: Yes. Rountree: I just wanted you to state that. Howard: Yes, that's true. We wish we could trade frontage for area, but in this case the geometry won't let us. Rountree: If you figure out how to do that, let us know. Howard: Okay. Any questions? Bentley: I have none. Corrie: Anyone else from the public would like to issue testimony in favor of this annexation and zoning, preliminary plat or variance? Is there anyone from the public who would like to issue testimony in objection to any one of these three? Questions from Council and staff? Bird: Mr. Mayor, I would like to ask staff if there are going on this - it looks like they're just allowing down Idaho Avenue a half road; is that allowable? Stiles: The half road was a requirement of Ada County Highway District. Typically what they do is require half the street section plus 11 feet or something like that. They don't require them to do the full road section. Bird: Okay, thank you. Corrie: Any other questions of staff? Staff comments? No other questions, I will close the public hearing for the annexation and zoning, preliminary plat and also the request for the variance. Bird: We have to do these in three separate, and it's annexing first, then variance and then the plat. The plat first and then the variance? Thank you. Rountree: Mr. Mayor I would move that we accept the recommendation of Planning and Zoning Commission and request the Counsel prepare Findings of Fact and Conclusions of Law and an annexation ordinance. Meridian City Council Meeting December 15, 1998 Page 9 Bird: Second. Corrie: Motion made b Zoning Commission annexation antd Zosecond b Conclusions of y Mr. Bird to accept the Plannin attorne . y Law be pre ared nmg request that the Findin 9 and y An further discussion? nd also annexation ordinance be s of Fact and prepared by the Gigray: Mr. Ma or ' submitted y point of order and clarification. with this a proposed findin noted that there In mY review of the item that is was a reference to ags from the Plannin project, and Idon't - if that's the case,pramosed develo g and Zoning Commission I annexation you have a pment agreement with this clarification I would need are we dire Wondering if the motion because on g desi nation that raises that issue because your normal course is that cted to prepare a develo ' and I guess the that's been signed and agreed to. y°u don't finalize pment agreement also your action on annexation until Rountree: That's in the recommendation i s it not? Gigray: That's how I see it, but I'm just thi we'll go ahead and prepare that as well. nkmg if your motion would include that, then Rountree: Do I need to include it if it's in th accept the recommendation. a recommendation? Gigray: Well it's in a 1'indin is, I II follow your direction, g' and I was just seeking clarification. Rountree: That was the intent. Corrie: Any further discussion? Bird: I have none. Corrie: Do we have a roll call vote on that one ROLL CALL VOTE: Will Bird, yea. Bentley, yea. Anderson, yea MOTION CARRIED: qll ayes. That was my motion to If you assume that it Rountree, yea. Corrie: The next item will be the prelimina Tony Hickey. ry plan of the Oliason Park Subdivisi on by Meridian City Council Meeting December 15, 1998 Page 10 Rountree: Mr. Mayor, just a point of clarification shouldn't both those items be tabled until we take action the annexation? Corrie: I think we probably need to do that. Is that correct? Gigray: Mr. Mayor, Councilman Rountree, members of the Council, the (Inaudible decision the Idaho Supreme Court that came down this last year indicated that - I mean it's clearly you want to have a final action on annexation which would be your assa e of the ordinance and of course its being recorded, which makes it a final action The Court determined that until the engineer signs on the plat there isn't a final action on th plat so you could annex and zone and approve a final plat but direct that the city e engineer not sign off on the plat until all the other action has been completed if you wanted to go ahead and move on that. Rountree: Question on annexation. (Inaudible) I mean variance request as well? Gigray: The variance I think is a necessity of granting the final plat, is it not because it's a variance of the plat, and you couldn't a variance and that will require Findings because hat'slatqualsi jud c al mpattee that have a public hearing on so we should be directed to prepare findings for your a y~oval at the next Council meeting on that one. pp Corrie: On the variance. Gigray: Yes. Corrie: I'll entertain a motion on the preliminary plat. Gigray: Mr. Mayor, I'm sorry. Councilman Bird is making sure that I'm paying attention to this. This is a preliminary, not a final plat. It does make a difference. I think we could proceed with all of them and then you direct us to make the findings on the variance and go ahead and approve the prelimina recommended and subject to the grantnlgtof theevar ancecoMy a nolohaes fe mistake. p g or the Bentley: Mr. Mayor I would move that we approve the preliminary plat for Oliason Park Subdivision. Bird: Second. Corrie: Motion is made by Mr. Bentley second by Mr. Bird to approve the prelimina plat for Oliason Park Subdivision. Any further discussion? Hearing none, all those n favor of the motion say aye. Meridian City Council Meeting December 15, 1998 Page 11 MOTION CARRIED: All ayes. Corrie: Okay, then we need to go for the variance then for Findings of Facts. Bentley: Mr. Mayor I would move that we instruct the city attorney to prepare Findings for the variance request for Oliason Park Subdivision. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to have the attorney prepare the Findings of Fact and Conclusions of Law for the variance for Oliason Park Subdivision. Any further discussion? Bentley: Can we have those prepared for our next meeting on January 5cn~ Corrie: Okay. Rountree: Mr. Mayor question, those Findings should reflect the recommendation of the Council? Should they not? Gigray: Yes, they will. (Inaudible) Gigray: When you make your motion that will tell me how to draft them. (Inaudible) Bentley: I'll withdraw my motion. Rountree: Help me Glenn. Corrie: If it sounds like we're confused up here, we are. We're trying some new procedures out according to some laws that's been changed and we're kind of about another four or five council meetings, we'll have it done pretty good here. Mr. Bentley, did you withdraw your motion? Bentley: Yes, I did. Bird: Mr. Mayor before we go into this, that last motion regarding the preliminary plat, that motion did Glenn reflect upon staff conditions, didn't it? Meridian City Council Meeting December 15, 1998 Page 12 Bentley: Yes. Bird: Okay. I just wanted to make -okay now you can go. Bentley: Mr. Mayor I would move that we approve the variance for Oliason Subdivision and instruct the city attorney to prepare findings reflecting the approval. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the variance for Oliason Park Subdivision and direct the city attorney to draw up the Findings of Fact and Conclusions of Law to be presented on the January 5~h meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. 7. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 12.21 ACRES BY MERIDIAN JOINT SCHOOL DISTRICT NO. 2 -WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW & USTICK ROAD: Corrie: At this time I will open the public hearing and invite the representative from the school district to come forward. AMBER VAN OCKER, LATHAM KHRON ARCHITECTS, OFFICE ADDRESS 1735 FEDERAL WAY, BOISE Van Ocker: Mr. Mayor, Council members, thank you for the opportunity tonight to speak to you on this application. Jim Carberry from the Meridian School District is also with me this evening to answer any questions that may arise. We have reviewed the recommendations from the staff and from the Planning and Zoning Commission and are in agreement with those items. As you know we are requesting annexation of 12.2 acres from Ada County to Meridian City with the zoning designation of R-4 to develop a new Meridian Elementary School. We are currently in the process of discussions with ITD and neighboring property owners for access on to this site. We have agreements in place currently with the developer of the Packard Subdivision for our sewer and water connections and I'll make it brief. Basically that's all we really have to discuss and we'll be open for any questions at this time that the Council may have. Corrie: Questions from Council. Rountree: Do you have a site layout? Van Ocker: Yes, we do if you would like to see it. MERIDIAN CITY COUNCIL MEETING: DECEMBER 15 1998 APPLICANT: TONY HICKEY ITEM NUMBER: 4 REQUEST: VARIANCE FOR OLIASON PARK AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: REVIEWED CITY BUILDING DEPT: WATER DEPARTMENT: REVIEWED MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Mayor HUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT CinitMm re CITY OF MERIDIAN P~~BL« w=o K~ CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 ~~~~~ as7''z1 ~ RON ANDERSON Phone (208) 888-4433 • Fax (208) 887~1~i ~E~~LANNING AND ZONING KEITH BIRD Y ~ .L'J DEPARTMENT CEP 0 1 1998 `?~g's~~-"j~ ~ . -. ~~'~' MERIDIAIlT 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6, 1998 TRANSMITTAL DATE: _ August 28, 1998 HEARING DATE: October 13, 1998 REQUEST: VARIANCE FOR OLIASON PARK SUBDIVISION BY: J.J. HOWARD ENGINEERS LOCATION OF PROPERTY OR PROJECT: East of 603 E. Pine TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, 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 CITY FILES 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) IDAHO TRANSPORTA 10 DEPARTMENT ADA COUNTY (ANI~E~Tj~N) n ~.., YOUR CONCISE J Mayor ROBERT D. CORRIE Council M m rs CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208) 884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6. 1998 TRANSMITTAL DATE: August 28, 1998 HEARING DATE: October 13. 1998 REQUEST: VARIANCE FOR OLIASON PARK SUBDIVISION BY: J.J. HOWARD ENGINEERS LOCATION OF PROPERTY OR PROJECT: East of 603 E. Pine _ TAMMY DE WEERD P2 MALCOLM MACCOY, P2 MARK NELSON, P2 BYRON SMITH, P2 KEITH BORUP, P2 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 CITY FILES 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) D S E P - ~ 1998 CITY OF MERIDIAN YOUR CONCISE REMARKS: /vy e0~'l~fnrs-, ~S y-r .. . .. BEFORE THE MERIDLAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF THE VIRGINIA JENNISON FAMILY TRUST BY THEIR DULY AUTHORIZED AGENT, TONY HICKEY, FOR A VARIANCE FOR LESS THAN 65 FOOT MINIMUM STREET FRONTAGE ON SINGLE-FAMILY RESIDENTIAL LOTS IN AN R-8 ZONE, FOR OLIASON PARK SUBDIVISION, EAST OF 603 E. PINE, MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE ECEIVE~ R ,~A~ Q 5 1999 City Clerk Office city r ~~J ~ j~I a~ao~ The above entitled matter coming on regularly for public hearing before the City Council on the 15th day of December, 1998, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions 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 VIRGINIA DENNISON FAMILY TRUST -PAGE 1 BY THEIR DULY AUTHORIZED AGENT, TONY HICKEY OLIASON PARK SUBDIVISION/FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION GRANTING A VARIANCE Meridian adopted December 21, 1993 Ordinance #629 -January 4, 1994 and Maps. 2. The requirements of Idaho Code §§ 67-6509, 6516 and §§ 11-2-416 E and 419 D as evidenced in the record of this matter. 3. The Applicant is Virginia Jennison Family Trust whose address is 2090 S. Cole Road, Boise, Idaho 83709. The location of the subject property is the West 333.5 feet of Lot 1, of the Onwiley Subdivision, Ada County, Idaho. 4. The legal description of the property appertains to the real property that is included within the conditionally approved Preliminary Plat of Oliason Park Subdivision as appears in the record of proceeds of this matter. 5. The present land use of subject property is presently zoned by Ada County as Rural Estate (R-1), and contains an existing home on Lot 1. 6. The proposed land use of subject property is to develop the subject property in the following manner: Construct an eleven (11) lot residential subdivision with a shared drive-way on Pine Avenue for Lots 2 through 4. The Applicant also proposes to extend Idaho Street. 7. The present zoning district of subject property is (R-1) Rural Estate. The proposed site of the subject property is east of 5`'' Street and north of the Union Pacific Railroad. Pine Avenue runs adjacent to the northern border of the property VIRGINIA JENNISON FAMILY TRUST -PAGE 2 BY THEIR DULY AUTHORIZED AGENT, TONY HICKEY OLIASON PARK SUBDIVISION/FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION GRANTING A VARIANCE site. 8. That a vicinity map of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been furnished. 9. That a schematic drawing, of which is attached to these findings marked Exhibit "A" has been supplied. 10. The Applicant requests avariance of the provisions of Section 11-2-410(A) of the Zoning Schedule of Bullc and Coverage Controls for an R-8 Zone which requires 65' to the footage as shown on "Preliminary Plat of Oliason Park Subdivision", J.J. Howard Engineering/Surveying dated 8/12/98, Drawing No. 311-07-240-000. 11. Jim Howard of J.J. Howard Engineering testified representing the Applicant and no one testified in opposition to the request. 12. The existence of special circumstances or conditions affecting the property are: 12.1 The subject property is an in-fill and due to its size and street frontage availability the only economical way of developing the whole parcel is to allow shorter street frontages. Otherwise, only a portion of the parcel would be subdivided leaving a 2.5 acre parcel that would not be developed or annexed. 13. Strict compliance with the requirements of § 11-2-410 (A) of the Municipal Code of the City of Meridian would result in extraordinary hardship to the owner, and VIRGIMA DENNISON FAMILY TRUST -PAGE 3 BY THEIR DULY AUTHORIZED AGENT, TONY HICKEY OLIASON PARK SUBDIVISION/FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION GRANTING A VARIANCE developer, because the conditions and requirements of the ordinance would result in inhibiting the achievements or the objective of the ordinance because the lots herein, proposed to be platted, otherwise meet all Zoning Schedule of Bullc and Coverage Controls and this proposal insures the orderly development of this entire in-fill area. 14. The granting of the requested variance will not be detrimental to the public's welfare or injurious to other property in the area of the proposed plat, and, in fact, the development of the plat in accordance with the conditions of approval and the requirements of the Subdivision Ordinance will prevent the conditions which are the source of the complaints raised in the public hearing of this matter. 15. The granting of this variance will not have an effect of altering the interest and purpose of the Subdivision or Development Ordinance and or the City's Comprehensive Plan for the reasons stated in finding of fact number 13 and 14. 16. The applicant paid the fee established by the City Council for application variance. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho Code § 67-6516 to provide as part of its zoning ordinance for the VIRGINIA JENNISON FAMILY TRUST -PAGE 4 BY THEIR DULY AUTHORIZED AGENT, TONY HICKEY OLIASON PARK SUBDIVISION/FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION GRANTING A VARIANCE process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code § 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in § 11-2-419 of the Municipal Code of the City of Meridian. 3. That the requirements for the processing of a variance request are set forth in Idaho Code §§ 67-6509, 6516 and §§ 11-2-416E and 418E Municipal Code of the City of Meridian. 4. Application and standards for variances are set forth in § 11-2-419B Municipal Code of the City of Meridian, and the findings which are required are set forth in § 11-2-419C, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and VIRGINIA JENNISON FAMILY TRUST -PAGE 5 BY THEIR DULY AUTHORIZED AGENT, TONY HICKEY OLIASON PARK SUBDIVISION/FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION GRANTING A VARIANCE that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Section 11-2-410A of the Zoning Schedule of Bullc and Coverage Controls of the Municipal Code of the City of Meridian provides for an R-8 Zone which requires 65' to the frontage as shown on "Preliminary Plat of Oliason Parlc Subdivision" J.J. Howard Engineerin~Surveying dated 8/12/98, Drawing No. 311-07-240-000. DECISION AND ORDER 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: 1. That Tony Hickey, duly authorized agent for the Virginia Jennison Family Trust 2090 S. Cole Road, Boise, Idaho 83709 is hereby granted a platting variance of the Minimum Street Frontage requirements of the R-8 Zone as provided in the Zoning Schedule of Bullc and Coverage Controls of § 11-2-410(A) to allow street frontage as shown on the "Preliminary Plat of Oliason Park Subdivision", J.J. Howard Engineering/Surveying dated 8/12/98, Drawing No. 311-07-240-000. VIRGIMA JENNISON FAMILY TRUST -PAGE 6 BY THEIR DULY AUTHORIZED AGENT, TONY HICKEY OLIASON PARK SUBDIVISION/FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION GRANTING A VARIANCE NOTICE OF FINAL ACTION Please take notice that this is a final 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 a variance authorizing a platting variance of the Minimum Street Frontage requirements of the R-8 Zone as provided in the Zoning Schedule of Bullc and Coverage Controls of § 11-2-410(A) to allow street frontage as shown on the "Preliminary Plat of Oliason Park Subdivision", J.J. Howard Engineering~Surveying dated 8/12/98, Drawing No.311-07-240-000 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. VIRGIMA JENNISON FAMILY TRUST -PAGE 7 BY THEIR DULY AUTHORIZED AGENT, TONY HICKEY OLIASON PARK SUBDIVISION/FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION GRANTING A VARIANCE By action of the City Council at its regular meeting held January 5, 1999. ROLL CALL: COUNCILMAN KEITH BIRD VOTED COUNCILMAN RON ANDERSON VOTED COUNCILMAN CHARLIE ROUNTREE VOTED COUNCILMAN GLENN BENTLEY VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. By: City Clerk Dated: msg\D:WIyFiles\Meridian City File\Findings3\Variance\Oliason Park Sub Variance Street Frontage.wpd VIRGINIA JENNISON FAMILY TRUST -PAGE 8 BY THEIR DULY AUTHORIZED AGENT, TONY HICKEY OLIASON PARK SUBDIVISION/FINDINGS OF FACT AND CONCLUSIONS OF LAW & ORDER OF DECISION GRANTING A VARIANCE Mayor ROBERT D. CORRIE 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 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6, 1998 TRANSMITTAL DATE: August 28, 1998 HEARING DATE: October 13, 1998 REQUEST: VARIANCE FOR OLIASON PARK SUBDIVISION BY: J.J. HOWARD ENGINEERS LOCATION OF PROPERTY OR PROJECT: East of 603 E. Pine _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, 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 C ITY ATTORN EY CITY ENGINEER ,CITY PLANNER CITY FILES 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: REcE~D CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 vaRIANCE APPLICaTlON (RE: Meridian Zoning Ordinance) or holder of valid option) AUG 1 3 1998 CITY OF MER.IUI~ ~L~v~TING & 20NI1~ G Phone:~~ ~~7 GENERAL LOCA110N: i0 ®~ ~• ~ r J ~~~ ~y~%n U~i LEGAL DESCRIPTION OF PROPERTY: C 3:33• ~ O-t' LO ~ ' ~I?I~JI fG1'" ~~~'o( . PROOF OF OWNERSHIP OF VALID OPTION; A copy of your property deed or option ~~ mum be attachcd. PRESENT ZONE CLASSIFICATION:~'"1 VICINITY SKETCH: A vicinity map and/or site plan at a scale approved by the City showing property lines, streets existing an+d proposed zoning and such other items as the City may require. DESCRIPTION OF PROPOSED VARIANCE: ~~-4~-' ~~~~ ~5 f7~~~~i'n~cmC~ I hereby certify that the information contained herein is true aad comcct. SIGNATZIRE: CITY COUNCIL RECORDS Date Received City Council H~Date Received by . ld !/fit-- ~~ ~ -~ State of Idaho County of _,4 ~,~_~ ) S.S. On this ~~~ day of _~~1-~ , in the year of 19~, before me ~p~~,,-.~.. ~~c.~,.u ,personally appeared F-~~ proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument, and acknowledged that _he executed the same. ~ ~v otary Public My Commission Expires on ~ f3-~ State of Idaho S.S. County of ) On this I3'~' day of _~~~~,-~- , in the year of 19~~, before me ~.¢~~„e,_ ~',,, ~ ~,~ ,personally appeared ^ ~ ail- proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument, and acknowledged that S he executed the same. ~,. ., otary Public My Commission Expires on_~°-/_3°a'Lc~ ~vante ~ea[t~, Inc. Y090 S. Cole Road • Boise, Idaho 83709 • Office (Y08) 377-Y090 • Fax (Y081 377-Y989 August 13, 1998 Meridian Planning and Zoning Commission Re: Proposed Oliason Park Oliason Park, located East of 603 E. Pine is proposed to be a l O lot single family subdivision on 2.5 acres. Bordered on the ?forth by Pine Street, 4 lots will have 1 common shared street entrance. Bordered on the St.uth by Idaho Street extenc-ed over 300' with 6 individual drive way entrances. Bordered on the West by existing residential single family homes of the original City of Meridian. The homes for several blocks West appear to be placed on 50' or narrower lots. Due to the location as an in-fill subdivision we are respectfully requesting annexation and rezoning to R8 along with a plat approval for 1 O lots. These lots are larger by several hundred square feet than minimum requirements. We are asking for only 1 variance from the city's basic regulations, that being a frontage reduction from 65' (city recommended size) to 58'. At 58' street frontage, Oliason Park will still have larger frontage than the existing, older homes. The lots can be priced. to accommodate new homes which will blend with existing property as far as size and value are concerned. Should we be required to meet the 65' minimu:-n frontage, the oversized lots will need to be sold at such a level that the new hoses will excessively exceed the existing. This will most likely have a more negative than positsve effect on the existing homes. At the lower density with 65' frontages the project will simply not work, leaving the 2.5 acres in the coa~nty w=.th only agricultural pursuits avw;lable. Simply stated, by allowing a variance to 58` street frontage the project will blend as well as one could expect. Without the variance, the project will not be viable. The city will be much better served by allowing this variance than to force the property to be left in its current zoning. The comprehensive plan calls for urban to mixed use development in this area. This limited size development appears to meet all City criteria in all other respects. City water and City sewer will be utilized in the project as well. Thank you for your assistance and consideration in this endeavor. Sincerely, ~ / ~•/ F.A. Hickey Broker :~ ./,i~/~' Virginia Jennison Owner / ~tL-i..i-i 7`''u J7 • J-a r' i Uf ~t~r ~ i ! ~t ~~~iJS : ~tC-'.' l 1. 1?27UU118~ }jARR NTY DEf~ FOR VALUE RECEI'.'ED, RECEI?T QF KHiCH IS HEREBY ACKNOVLEDGED~ DORIS KATHLEEN OLIASON GOES HEREBY AND NEREYITH GRANT. BARGAIN. ScLI AND CONVEY UNTO DORIS KATHLEEN OLIASON AS TRUSTEE OF THE DORIS KATHLEEN OIIASON FARILY TRUST. IN TRUST THE FOLLOWING REAL PROPERTY, TO VIT: THE VEST 333.5 FEET OF LOT 1. OF THE OHVILEY SUBDIVISION. ADA COUNTY IDAHO TOGETHER VITH All APPURTENANCES THERETO. :~" ~~~; DATED /~. /q~/ llr~.G~ ~%'=ku DORIS KATHLEEN oLiASON STATE OF IDAHO ) COUNTY OF ADA ) ~ Oh THIS /~ -DAY Of Q~ 1991 BEFG..E ME. A lIOTARY PUBLIC FOR IDAHO. PERSBNALIY APPEARED DORIS KATHLEEN OLIASON. KNOVM TO ME TO BE THE PERSON VHO EXECUTED THE ABOVE SIGNATt'RE. AND SHE aCKNOWLEDGED EXECUTING THE SAnE. ,.: ~ . DATED: /~--~~-41 - '-' ~ • , 1DAH0 NOTARY PUBLIC ~ ~ I ': ~ . . ;;~„~:. COMMISSION EXPIRES:B-1'4 1~~ '.• '.~;1 .; ~ . _ .+ 9`i0';66~7 ;. - :. . 1ST :~ '9 ~n~tG f E:.rLZ-= RECO~.:~ , .:~~,= ...:'. .. ~ ~ .~ •: f' CF TOTAL P.~2 April 22, 1997 To whom it may concern: This letter is to inform you that Tony Hickey, Broker for Avante' PM, has the authority to act on behalf of the Virginia Jennison Family Trust in regards to the properties placed with Avante' PM for management by the Virginia Jennison Family Trust.. Vi inia J nison, Trustee, Date Virginia nnison Family Trust 4//-// T y Hickey ker Date Avante' P State of Idaho S.S. County of ~c;liz~ ) On this ~_day of~~~~L , in the year of 19~, before me /~ r~CLi ~c~., G ~.Z rr~1~F~,r ,personally appeared ~ (;(t~ ~llrcliit ~i~. JJ P~r1~~c~~;.~ ,proved to me on the basis of satisfactory evidence to be the persons whose name is subscribed to the within instrument, and acknowledged that she executed the same. otary Pu~ic My Commission Expires on~~~~ ~,,~3~, L1_~ ;I ~ ~_1_l =1 1 TT~TI OL/ASDAi PARK S[lB'0. ..WnHnIrT- 1 I_ _-_ ~!"'1T101Jtlfdd ~ 1 'I g 1 1 1 1 1 I ~~ AML''I~~'`~' ul 1 1 1 .........J 1 „~.,. L-D -_-_~ UNIOMPACIPICWB~OAD = -- - - ---_ - - . P. R. R,-- _ -_____- --_____ Yt~htl'tY NtAF' ~_~_ J. J. HOWAR® ENGINEERING & SURVEYING 1675A Hill Road BOISE, IDAHO 83702 (208) 344-0574 PROPERTY DESCRIPTION FOA OLIASON PARK SUBDIVISION A parcel of land being the west 339.50 feet of Lot 1, Onwiler Subdivision, lying in the NW'/4 SE'/4 of Section 7, T.3N., R.IE., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the Brass Cap marking the'/4 corner common to Sections 7 and 8, T.3N., R. lE., B.M., Ada County, Idaho; thence, S.89°00'00"W. 2647.59 feet along the north line of said SE '/4 to an iron pin marking the Center'/4 corner of said Section 7 and the Northwest corner of Lot 1, Onwiler Subdivision, records of the Ada County Recorder, Boise, Idaho; thence, S.00°00'00"W. 25.00 feet to the south right-of--way of Pine Avenue, said point being the REAL POINT OF BEGINNING; Thence along the following courses and distances to iron pins: along said right-of--way, N.89°00'00"E. 333.50 feet; Thence, 5.00°00'26"E. 373.46 feet to the south line of said Lot 1; Thence, N.90°00'00"W. 333.50 feet to the Southwest corner of said Lot 1; Thence, N.00°00'00"E. 367.64 feet to the REAL POINT OF BEGINNING, said parcel containing 2.84 acres. C:\word\documents\legals\oliason. doc HtAL 1TE PURCHASE AND SALE AC RENT AND RECEIPT FOR EARNEST MONEY ~ ram s THIS IS A LEGALLY BINDING CONTRACT. BEFORE SIGNING, READ THE ENTIRE DOCUMENT, INCLUDING + REALTOR THE GENERAL PRINTED PROVISIONS AND ATTACHMENTS. IF YOU HAVE ANY QUESTIONS BEFORE eouu nousrac s SIGNING, CONSULT YOUR ATTORNEY AND/OR ACCOUNTANT ovvoeruMir~ Ion 225503 t. REAL ESTAT OFFICES• ~ (~ Listing Agency V Awl E ~W <T~/MLSa ~_'~/~,~_ Listing Agent Name 7~u N Y f L r~ MLS/1-73 8 Phone Nlofficel ~.C ~_Ihomel 2. BUYER A LE(~~ AL DESCRIPTION: ~d 4t ~ I~ ° h _S O tit A w f0 J e'>`. /} 5 5 f agrees t purchase an a undersigne LER ogre s to sell the following as ~ ~ ~ /rU ~ r C tf`~ C legally described as: if l4" 1~G 6.1C~ n/1 wt e 90 II Iz u I+ is to n le DATE jDl~_~97 Selling Agency U A.J f Ef R l,1' MLSp L ~(a Selling Agent Name 7'EfQ MLS!! C~ 7~~_ Phone plotficel 3 ] ] . '~ p ~y D home) 8 rr3 E3 -f B,S-'Z7 real estate hereinaher _ (Hereafter called "BUYER"1 "premises" commonly known ~ Idaho,~ip 8 3G'( Z 3. TOTAL PURCHASE PRICE: ~ l~~~(y ~ 7~'"A o y S A N~ a- r ~, DOLLARs S ~,S'~.~ ©~ payable upon the ollowing TERMS AND CONDITIONS (Not including closing costs 1 4. FINANCIAL TERMS: (Note: A+C+D+E+F+G should add up to~or he equal to 1 total purchase price, except for 100 % financing ) $ ~ ~ ~O . ~ ° A. EARNEST MONEY: BUYER hereby deposits ~~/Al ~ "}' t+o y SrFn.l~ DOLLARS as Earnest Money evidenced by:^ cash ^ personal check ^ cashier's check L~ note due ^ other and a receipt is hereby acknowledged. Earnest Money to be deposited in trust account upon acceptance by all parties and shall be held by: ^ Listing Broke/r; ~ Selling Broker ^ other for the benefit of the parties hereto, and TO fy Y N f L~ ~ ~ (Broker) shall hold the completely executed Broker's copy of this Agreement. The responsible Broker sharillyy~~be _ B. ALL CASH OFFER: 1L7 YES ^ NO If this is an all cash offer do no[ complete lines 28 through 64, fill blanks with N.A. zz v z+ zs 1e n za tt! F~ C. NEW LOAN PROCEEDS: This Agreement contingent upon BUYER obtaining: ^ FHA ^ VA ^ CONVEN ^ IHFA zv ^ RD ^ OTHER FIRST LOAN of 5 not including mortgage insurance, with interest so not to exceed % for a period of vear(sl at: ^ fixed rate ^ other BUYER tl shall pay no more than _ pointls) plus origination fee if any. SELLER shall pay no more than _ pointlsl. Any reduction in sz points shall first accrue to the benefit of the ^ BUYER ^ SELLER ^ Divided Equally. BUYER shall apply for such loan within zz business daylsl of SELLER's acceptance. Within business days of SELLER'S acceptance BUYER agrees to furnish t+ SELLER with a written loan commitment showing lender approval of credit report, income verification, debt ratios and subject only ss to satisfactory appraisal and final lender underwriting. If such written commitment is not received by SELLERS within [he strict time ze allotted, SELLERS may at their option cancel this agreement by notifying BUYERS in writing of such cancellation. If an appraisal is z7 - required by lender, the property must appraise at not less than purchase price or BUYER's Earnest Money may be returned at BUYER's is request. s9 ~ ~ D. EXISTING LOAN(S): This Agreement is contingent upon ^ the Assumption of or ^ Subject to the following loans, +o if any:^ FIRST LOAN of approximately S payable at S (including PI 1 per month, with +i interest currently at % ^ fixed rate ^ other .Assumption Fee, if any, not to exceed +z ^ SECOND LOAN of approximately S payable at S (including PI) per month, with interest +t currently at % ^ fixed rate ^ other .Assumption Fee, if any, not to exceed .SELLER ++ shall within business dayls) of acceptance provide BUYER with copies assumed or taken subject to. Within business +s daylsl of receipt thereof BUYER shall in writing notify SELLER of his/her approval or disapproval of such terms of the aforementioned +b documents. SELLER shall furnish BUYER a current loan information statement of the above loanlsl within business daylsl +7 of acceptance. In the event of Assumption, BUYER shall use his/her best efforts to obtain the consent of the lender of record to +e assume the above loan(s) within business daylsl of acceptance, or waive this condition in writing. All charges related to such +9 assumption shall be paid by the ^ BUYER ^ SELLER ^ Shared Equally. so ^ASSUMPTION of FHAIVA Loan with Release of Liability. BUYER shall assume SELLER'S potential indemnity liability to the U.S. sl Government for the repayment of the loan. BUYER is also qualified and ^ will or ^ will not reinstate SELLER'S eligibility. sz f1..1 A E. SELLER TO CARRY: ^ FIRST LOAN ^ SECOND LOAN ^ OTHER LOAN. v BUYER to execute: ^ a Contract for Deed or ^ a note secured by a ^ Deed of Trust or ^ Mortgage on the property, in favor s+ of SELLER, for the balance of S _ _ _ __ payable at S_ per month, including interest at % per ss annum for years and with ttte entire balance due_ yearlsl from date of note or contract for deed. se The entire balance of loan is due and payable upon sale or transfer of property: ^ YES ^ NO. s7 FINANCIAL STATEMENT: Within business daylsl of acceptance, BUYER shall furnish SELLER: ^ a current financial se statement ^ credit report or ^ both, for the sole purpose of credit approval, which approval shall not he unreasonably withheld. s9 BUYER authorizes SELLER to engage the services of a reputable credit reporting agency far this purpose at BUYER'S expense and ao SELLER shall notify BUYER within business daylsl of receipt of financial statement and/or credit report, of approval or bl ^ tsapproval or nurtn~s Crean tit writing. ez h-J /'7 F. ADDITIONAL FINANCIAL TERMS: at ^ Additional financial terms are specified under the heading "ADDITIONAL TERMS AND CONDITIONS" (Section 5). b+ ^ Additional financial terms are contained in an addendum of same date, attached hereto, signed by both parties. bs ~O~ G. APPROXIMATE FUNDS DUE AT CLOSING: Cash at closing, not including closing costs, to be paid by BUYER at closing eb in GOOD FUNDS, which includes: cash, electronic transfer funds, certified check or cashier's check. Any net difference between 67 the approximate balances of the loans shown above, which are to be assumed or taken subject to, and the actual balances of said bM loans at closing of escrow shall be adjusted in ^ Cash ^ Other: _ 69 70 n BUYER and SELLER acknowl dg i of copy of this page, which o tes Page 1 of 4 Pages. n BUYER'S Initial _ 1 _I SELLER'S Initials l 11 1 71 This form is printed and distributed by the Ada County As' ci~ ion of ALTORSy, Inc. /Idaho Assocration REALTORSm, Inc. This lotm has been designed for and 7+ ~s provided only for use by real estate professionals licei eJ y the Idaho Real Estate Commissmn who are Ise members of the Narional Association of REALTORS°. 7s BY ANY OTHER PERSON IS PROHIBITED. m Copyright Ada County Association of REALTORS"', Inc. /Idaho Association of REALTORS", Inc. All rights reserved. n 7a R.E.21 EFFECTIVE DATE JULY 1, 1996 BROKER'S COPY ... .,"..•.. ,..~ ... ., r,~~o r.unr=uvi~iv i ~ I - I'HUt J i ~~ / ~- lrav PROPERTY ADDRESS: (a ~ 3 1~ ~nJ 1~.. ,7 ~r r'Lttfi ID !1: Z Z ~j ~~ nu 16. INSPECTION: BUYER chooses ^ to have inspection; ~ not to have inspection. BUYER shall have the right to conduct inspections, iTl investigations, tests, surveys and other studies at BUYER'S expense. If BUYER chooses not to have inspection skip lines 1 76 to 191. BUYER l12 shall, within df~ business daylsl complete these Inspections and give to SELLER written notice of items disapproved of. BUYER is strongly In advised to exercise these rights and to make BUYER's own selection of professionals with appropriate qualifications to conduct Inspections n+ of the entire property. BUYER's acceptance of the condition of the property is a contingency of this Agreement. ns 176 m nn I1v Itlu lal i a? inl In+ Ixs Ina Itl7 Intl Inv IMI 191 19? 17 en 1 ~,+ ws rx, 1 B. 191 r,n rrv 2u0 ml 202 ?O] ?a ?US ?~ Id7 208 ?09 SATISFACTION/REMOVAL OF INSPECTION CONTINGENCIES: 1. If BUYER does not within the strict Gnte perioJ specified give to SELLER written notice of items disapproved of, BUYER shall conclusively be deemed to have: lal completed all Inspections, investigations, review of applicable documents and disclosures; Ibl elected [o proceed wnh the transaction and Icl assumed all liability, responsibility and expense for repairs or corrections other than for items which SELLER has otherwise agreed in writing to repair or correct. 2. If BUYER does within the strict time period specified give to SELLER written notice of items disapproved of, BUYER shall provide to SELLER pertinent sectionlsl of written home Inspection. SELLER shall have ~"q~~}_business dayjs In which to respond in writing. 3.If SELLER does not respond within the strict time period specified, BUYER shall have N~. business daylsl iafter receipt of SELLER'S response, or after the expiration of the time for SELLER to respond, whichever occurs first) to cancel this Agreement in writing. 4. If BUYER does not give such written notice of cancellation within the strict time periods specified, BUYER shall conclusively be deemed to have elected to proceed with the transaction without repairs or corrections other than for items which SELLER has otherwise agreed in writing to repair or correct. SELLEfl shalt make the property available fur all Inspections. BUYER shell keep the property free and clear of liens; indemnify and hold SELLER harmless from all liability, claims, demands, damages and costs; and repair any damages arising from the Inspections. No Inspections may be made by any governmental building or zoning inspector or government employee without the prior consent of SELLER, unless required by local law. FINAL VERIFICATION OF CONDITION: BUYER shall have the right to make a final Inspection of the property approximately /L! 9- day(s) prior to close of escrow, not as a contingency of the sale, but solely to confirm that: lal repairs have been completed as agreed in writing by BUYER and SELLER, (bl SELLER has complied with SELLER'S other obligations, and (cl the property is otherwise in substantially the same condition as on the date of acceptance of the offer, unless otherwise agreed in writing. COSTS PAID BY: Costs in addition to those IisteJ below may be incurred by BUYER and SELLER unless otherwise agreed herein, or provided by law or required by lender, or otherwise stated herein~he helo~ costs w II be paid as indicated. Some costs are subject to loan program requirements. SELLER agrees to pay a maxinunn of S ~I~.. ~ ~1-~ ~,. lender/appraiser inspection required costs. BUYER SELLER Snared Equally Not AyyliCUDle BUYER SELLER Snared Equally Not AppDCa DIa Appraisal Fea Titla Inz. Lender's Extsndad ALTA Closing Escrow Fee V' Tiue Ins. Owner's Extended Policy Canuact Preparation / Tiue Ins. Standard Policy Document Preparation / Seyliv Inayecrion Flood Ceriilication Fea ~ Septic Pumping Flood Tracking Fea f Survey loan Assumption Fae / Well Inspection Tax Service Fee IIO 19. TITLE INSURANCE: zll (A) TITLE COMMITMENT: Prior to closing the transaction, ~ SELLER or ^ BUYER shall furnish to BUYER a commitment of a title zl2 insurance policy showing the condition of the title to said premises. BUYER shall have ~ business daylsl from receipt of the commitment zls or until twenty-four (241 hours prior to closing, whichever is the less, within which to object in writing to the condition of the title as se[ forth 2l+ in the commitment. If BUYEfl does not so object, BUYER shall be deemed eve accepted the conditions of [he title. It is agreed [hat if the 2ls title of said premises is not marketable, or canltot be made so within ~ business daylsl after notice containing a written statement of 2lD defect is delivered to SELLER, BUYER'S Earnest Money deposit will be returned to BUYER and SELLER shall pay for the cost of title insurance ?l1 cancellation fee, escrow and legal fees, if any. ''-it I B) STANDARD TITLE POLICY: SELLER snail within a reasonable time after closing furnish to BUYER a title insurance policy in [he amount 'n9 of the purchase price of the premises showing marketable and insurable title subject to the liens, encumbrances and defects elsewhere set '-''-n out in this Agreement to he discharged or assumed by BUYER. ?zl (C 1 LENDER'S ADDITION (ALTA POLICY): Thu lender will require that BUYER IBorrowerl furnish an Extended Coverage Lenders Addition zz? (ALTA) Policy. This extended coverage lenders policy will cover those ctaints against the property that may have become legal obligations ??r before the purchase of the home and yet may nut be public record until after the purchase. ??+ (D) EXTENDED COVERAGE TITLE POLICY: A standard policy of title irtsurartce does not cover certain potential problems or risks such -''-s as liens li.e. a legal claim against premises for payment of Borne debt or obligatiortl, boundary disputes, claims of easement and other matters zee of claims if they are not of public record at time of closing. However, under Idaho law, such potential claims against the premises may have ?n become legal obligations before [he purchase of the home and yet may not be of public record until after the purchase. It is recommended ??a that BUYER talk to a title insurance company abfo-uyt what it offers in the way of extended coverage. Extended Coverage Title Policy requested ?r1 ^ Yes ~ No. Additional premium paid hy: ^ BUYER ^ SELLER . 'z5o I E 1 The parties agree that Title Company shall provide title policy and preliminary report zn of commitment. az 20. COUNTERPARTS: This Agreement may he executed in one or more counterparts, each of which is deemed to be an original hereof, and all ?SS of which shall together constitute one and the same instrument. ?s+ 21. ENTIRE AGREEMENT: This Agreement contains the entire Agreement of the parties respecting the matters herein set forth and supersedes ?SS all prior Agreements between the parties respecting such matters. No warranties, including, without limitation, any warranty of habitability, '?Sa agreements or representations not expressly set forth herein shall be binding upon either patty. ?71 22. FACSIMILE TRANSMISSION: Facsimile transmission of any signed original document, and retransmission of any signed facsimile z1s transmission shall be the same as delivery of an original. At Ilia request of either party or the Closing Agency, tfte parties will confirm facsimile ?59 transmitted signatures by signing an original document. 2+0 ?+l BUYER and SELLER ackno i t of copy of this .page, which co titutes Page 3 of 4 Pages. ?+2 z+s BUYER'S Initials ( I SELLER'S Initials 1 II ) z++ - -- -- ?+5 This form is printed and distributed by the Ada Count As ciation of REALTORS°, Inc. /Idaho Associati of REALTORS, Inc. This form has been designed far and 2+b is provided only for use by real estate professionals B ed by the Idaho Real Estate Commission who era also members of the National Association of REALTORS'. 2+~ USE BY ANY OTHER PERSON IS PROHIBITED. z+a Copyright Ada County Association of REALTORS', Inc. / Itlalto Association of REALTORS, Inc. All rights reserved. ?+9 ?su R.E.21 EFFECTIVE DATE JULY 1 1996 zsl BROKER'S COPY 25t :s+ PROPERTY ADDRESS: ~ ~ ~ ~/ I Il.~ ID1t Z ZSSo3 :5s zs6 23. DEFAULT: if BUYER default<_ in the performance of this Agreement, SELLER has the option: IL) accepting the Earnest Money as liquidated 2s7 damages or (21 pursuing any other lawful right or remedy to which SELLER may be entitled. If SELLER elects to proceed under Ill, SELLER zse shall make demand upon the holder of the Earnest Money, upon which demand said holder shall pay from [he Earnest Money the costs incurred 2s9 by SELLER'S Broker an behalf of SELLER and BUYER related to the transaction, including, without limitation, the costs of title insurance, escrow z6o fees, credit report fees, inspection fees and attorney's fees; and said holder shall pay any balance of the Earnest Money, one-half to SELLER z61 and one-half to SELLER'S Broker, provided that the amount to be paid to SELLER'S Broker shall not exceed the Broker's agreed to commission. 262 SELLER and BUYER specifically acknowledge and agree that if SELLER elects to accept the Earnest Money as liquidated damages, such shall 262 be SELLER'S sole and exclusive remedy, and such shall not be considered a penalty or forfeiture. If SELLER elects to proceed under 121, the z64 holder of the Earnest Money shall be entitled to pay the costs incurred by SELLER'S Broker on behalf of SELLER and BUYER related [o the z6s transaction, including, without limitation, the costs of brokerage fee, title insurance, escrow fees, credit report fees, inspection fees and 2a6 attorney's fees, with any balance of [he Earnest Money to be held pending resolution of the matter. z67 If SELLER defaulN, having approved said sale and fails to consummate the same as herein agreed, BUYER'S Earnest Money deposit shall be 26a returned to him/her and SELLER shall pay for the costs of title insurance, escrow fees, credit report fees, inspection fees, brokerage fees and 269 attorney's fees, if any. This shall not be considered as a waiver by BUYER of any other lawful right or remedy to which BUYER may be entitled. z7a 24. SALES PRICE INFORMATION: The parties to this Agreement acknowledge that sales price information compiled as a result of this z7t Agreement may be provided to the County Assessor's Office by either party or by either party's Broker. z7z 25. TIME IS OF THE ESSENCE IN THIS AGREEMENT. 272 26. ACCEPTANCE: BUYER'S offer is made subject to the acceptance of SELLER on or before IDatel~ /9? and (Time) ~ r . {~? z74 If SELLER does not accept this Agreement within the time specified, the entire Earnest Money shall ere unded to BUYER on demand. 27s 27. CLOSING: On or before the closing date, BUYER and SELLER shall~l@posit w' the clp 'ng agency all funds and instruments necessary to 276 complete the transaction. The closing date shall be no later than J '~' ~ ~j,.Qp,, z, ~,.~ m The parties agree that the "closing agency" for this transaction shall be _ ]~n y y~,r S r\~ r D x / t r~ ~. 27d If a long-term escrow /collection is involved, [hen [he long-term escrow holder shall be /1.) `}4 z79 Long term escrow fees/costs to be paid by ^ BUYER ^ SELLER ^ Shared Equally 3H0 eel 28. POSSESSION: BUYER shall be entitled to possession ® upon closing or ^ other . "Closing' means the date on zee which all documents era either recorded or accepted by an escrow agent and the sale proceeds are available to SELLER. Property taxes and zet water assessments (using the last avajlaM~e assessment as a basisl, rents, interest and reserves, liens, encumbrances or obligations assumed ze4 and utilities shall be pro-rated as of ~~ ~~ ®~ j KJ (p .BUYER shall pay for fuel in tank, amount to be determined by the supplier at zes SELLER'S expanse. 2e6 29. SPECIAL CONSIDERATIONS AND CONTINGENCIES: This Agreement is made subject to the following special considerations andlor ze7 contingencies which must be satisfied prior to closing: zne 2H9 290 30. REPRESENTATION CONFIRMATION: 29t In this transaction, the brokeragelsl involved had [ha following relationship(s) with [he BUYER ('agent' or'nonagent' or 'limited dual agent'1: 292 I D 191 Listing broker acted as alnl /~ f Vim. [ ~(~..tQ V f~' L-. (_a I for the BUYER. 294 29s Selling broker acted as alnl ~ f /`~, 1 ~ (TL.IC~ U Q~ ~.. ~ (e ~~ ~ for the BUYER. z96 In this transaction, the brokerage(s) involved has the following relationship(s) with the SELLER ('agent' or 'nonagent' or 'limited dual agent'1: 297 eve Listing broker acted as a(nl t U (._ ~ K.) for the SELLER. zv9 / too Selling broker acted as a(n) Jh t e'er t ~~,~ ~U gt:.. G ~,~1-/~ for the SELLER. tin toe Each party signing this document confirms that he or she has received, read and understood the Agency Disclosure Brochure and has elected tot the relationship confirmed above. In addition, each party confirms that the broker's agency office policy was made available for inspection to+ and review. EACH PARTY UNDERSTANDS THAT HE OR SHE IS A 'CUSTOMER' AND IS NOT REPRESENTED BY A BROKER UNLESS THERE tos IS A SIGNED WRITTEN AGREEMENT FOR AGENCY REPRESENTATION. to6 31. BUYE SIGNATURES: to7 ^ EE TT HED R'S DUMISI: (Specify number of BUYER addendumisl attached.) toe tog BUYER Signet BUYER Signature no BUYER IP ' amel BUYER (Print Namel ttl Date ~ Time .--Phonep Date Time Phone!! nz Address_ Address tlt City State Zip City State Zip tl+ 32. SELLER'S SIGNATURES: tls On this date, I/1Ne hereby approve and accept the transaction set forth in the above Agreement and agree to carry out all the terms tl6 [hereof on the part of the SELLER. IlWe Further acknowledge receipt of a true copy of this Agreement signed by both parties. tl7 ^ SIGNATURE(S) SUBJECT TO COUNTER OFFER ^ SEE ATTACHED SELLER ADDENDUM tie ^ SEE ATTACHED SEL RS RIGHT TO CO IN TO MARKET PREMISES ^ SEE ATTACHED COUNTER OFFER(SI 119 tzo SELLER Signature ~ SELLER Signature tzl SELLER (Print Namel SELLER (Print Name! tzz Date ~~~ 7 9~ Time Phone It Date Time Phone N tzt Address --~- Address tz4 City State Zip City State Zip us tz6 33. BUYER'S ACKNOWLEDGMENT OF RECEIPT OF FINAL COPY BEARING ALL SIGNATURES: t27 true copy of the~ceg ' g Agreement, signed by the SELLER and containing [he full and complete description of the premises, tee is eby received on this day of tg ]39 ~_ no BUYE BUYER: nt n tt2 / / BUYER and SELLER ckno ceipt of copy of this page, which constitutes P of 4 Pages. ttt (/// BUYER'S INITIAL 11 ) SELLER'S INITIALS ( 11 1 v4 775 This form is printed and distributed by the Ada Co ty ssociation of REALTORS", Inc. /Idaho Association of REALTOR Inc. This farm has been designed for and n6 is provided only for use by real estate professi na IicenseJ by the Idaho Real Estate Commission who are also mein rs of the National Association of REALTORS'. tt7 USE 8Y ANY OTHER PERSON IS PROHIBITED. rte Copyright Ada County Association of REALTORS'", Inc. I Idaho Association of REALTORS®, Inc. All rights reserved. tt9 RE 2t EFFECTIVE DATE JULY 1, 1996 BROKER'S COPY