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Miss Tami's CZC - A-2016-0171CERTIFICATE OF ZONING COMPLIANCE REPORT C/ fEN DIAN DATE: May 24, 2016 TO Jamison & Tami Shoemaker FROM: - C.Jay Coles, Assistant City Planner SUBJECT`. Tami's Tea Room - ALT, CZC - A-2016-0171 OWNER: Shoemaker Jamison DESCRIPTION OF APPLICANT'S REQUEST The applicant, Jamison & Tami Shoemaker, requests Certificate of Zoning Compliance (CZC) and Alternative Compliance (ALT) approval for a change of use from business/commercial to primarily residential on 0.28 acres of land in the O-T zoning district. The site is located at 1031 N. Main Street, DECISION The applicant's request for Certificate of Zoning Compliance and Alternative Compliance is approved with the conditions listed in this report. Note: This is not a building permit. Please contact Building Services at (208) 887-2211 to verify if you need a building permit and/or inspection. If you do need a building permit, you must complete that process before you commence the use or construction. Please contact Building Services for additional details about building permits and inspections. Process Conditions of Approval 1. Per UDC 11-513-5B2, the Director (at the applicant's request) approved alternative compliance regarding the offstreet parking. 2. No signs are approved with this application. Prior to installing any signs on the property, the applicantshall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 3. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 4. The site plan is approved as shown in Exhibit B. 5. The approved site plan may not be altered without prior written approval of the City of Meridian Planning Division. 6. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 7. If any changes must be made to the site plan to accommodate ACHD requirements, the applicant shall submit a new site plan to the City of Meridian Planning Division for approval prior to issuance of the building permit. 8. The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. Conditions Document 1 Tami's Tea Room - ALT, CZC - A-2016-0171 Ongoing Conditions of Approval 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-38-14. 2. The applicant shall comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14. 3. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 4. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 5. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 6. The applicant shall have an ongoing obligation to maintain all pathways. 7. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 8. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11-3A-3. ANALYSIS OF UDC REQUIREMENTS RELATED TO SITE SPECIFIC CONDITIONS: The applicant requests alternative compliance to UDC 11-3C-6A, which requires a minimum number of offstreet parking spaces, including a required number of covered (garage) parking spaces according to the number of bedrooms in the house. Per Table 11-3C-6, a house with 2-4 bedrooms requires four (4) offstreet parking spaces, at least two (2) in an enclosed garage. This site has been operating as a business location with a CUP approval dating to February 1990. As such, offstreet parking has been installed in accordance with commercial standards and as the business needed. The applicant now is requesting a change of use from commercial to primarily residential and contends that the site has a total of eleven (11) offstreet parking spaces; and while none of them are in a garage, the total exceeds the standard of the UDC by having over the number of required offstreet parking spaces. In addition, the applicant states that if they were to adhere to the garage requirement and built such a structure, some of the landscaping onsite would be lost, potentially including an historic tree of more than 100 years in age. In order to grant approval for alternative compliance, the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR Due to the number of existing offstreet parking spaces (11), and already installed landscape onsite, the Director finds strict adherence to UDC 11-3C-6 is not feasible. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the applicant's alternative means for meeting the requirements of the UDC as discussed above provides an equal or superior means of compliance as there are more than the required number of offstreet parking spaces onsite. Conditions Document 2 Tami's Tea Room - ALT, CZC - A-2016-0171 3. The alternative means will not bematerially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative will not be detrimental to the public welfare or impair the use/character of the surrounding properties as the location has operated with the current parking configuration for some time. CITY COUNCIL REVIEW The applicant or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Division on or before June 7, 2016, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11-5A-6B. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. EXPIRATION Certificates of Zoning Compliance issued in conjunction with a proposed use shall expire if the use has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. Certificates of Zoning Compliance issued in conjunction with construction or alteration of a structure shall expire if the construction or alteration has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until May 23, 2017. EXHIBITS A. Vicinity Map B. Site Plan Conditions Document 3 Tami's Tea Room - ALT, CZC-:A-2016-0171 A. Vicinity Map Vicinity Map Legend 11 31 „n C_C y�Areacf Impact .. Parcels Meridian 1n+ is fe 4e R-i5 a I IGJ e 1 Myr I _ �,Stafe Ave Prml Date. 5/2312016 0 0.025 0.05 Miles ac f -nse .1 an,l o`i aks ekl 12h- m c (, Mrd' ak sn h 9 $ o k A' ry Ime . I I y t 1 ra p CE tla Igl rem EI ye l 1013 ��114 f120 1 l� (�Q/rE IDIZ IAN,— Conditions Document 4 Tami's Tea Room - ALT, CZC - A-2016-0171 =vn'i '�' T, 91 -- — .... .... N�fka�h �I STREET SITE PLAN i�,a —3 Conditions Document 5 Tami's Tea Room-ALT. CZC - A-2016-0171 �E IDIAN;,-- May 24, 2016 Jamison and Tami Shoemaker 1031 N Main Street Meridian, ID 83642 RE: ALT Request for Required Residential Parking - (A-2016-0171) Dear Mr. & Mrs. Shoemaker: Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Ty Palmer Anne Little Roberts This letter is to confirm the Director approved your request for alternative compliance to Unified Development Code (UDC) 11-3C-6A for the parking standards for the subject property based on the required Findings listed in UDC 11-513-5E, as follows: 1. Strict adherence or application of the requirements are not feasible; or Due to the number of existing offstreet parking spaces (11), and already installed landscaping onsite, the Director finds strict adherence to UDC 11-3C-6A is not feasible. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the applicant's alternative means for meeting the requirements of the UDC as discussed above provides an equal or superior means of compliance as there are more than the required number of offstreet parking spaces onsite. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. The Director finds that the proposed alternative will not be detrimental to the public welfare or impair the use%haracter of the surrounding properties as the location has operated with the current parking configuration for some time. The Applicant, Director, or a Party of Record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Division of the Community Development Department . 33 E. Broadway Avenue, Ste. 102, Meridian, ID 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org Community Development Department on or before June 8, 2016, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11-5A-613. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. Thank you for contributing to the success of Meridian. Please help us serve you better in the future. Visit our web -site at www.meridiancity.org/Planning/ to fill out a comment card and give us feedback on how we are doing. Sincerely, Caleb Hood, AICP Planning Division Manager CH:cc Community Development Department . 33 E. Broadway Avenue, Ste. 102, Meridian, ID 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org ECEI EkH IAIN 6D3AHO STAFF USE ONLY: Project name: AeSC UR t;,3 12-a Rwp, File number(s): -o❑0 { (- Assigned Planner: C.3 Co /a Related files: L U F KCb Type of Review Requested (check all that apply) Planning Division REVIEW APPLICATION ❑ Accessory Use ❑ Planned Unit Development ❑ Administrative Design Review ❑ Preliminary Plat �Altemative Compliance ❑ Private Street ❑ Annexation and Zoning ❑ Property Boundary Adjustment Certificate of Zoning Compliance ❑ Rezone ❑ City Council Review ❑ Short Plat ❑ Comprehensive Plan Map Amendment ❑ Time Extension: ❑ Comprehensive Plan Text Amendment Director/ Commission/Council (circle one) ❑ Conditional Use Permit ❑ UDC Text Amendment ❑ Conditional Use Modification ❑ Vacation: Director/Commission (circle one) Director/ Council (circle one) ❑ Development Agreement Modification ❑ Variance ❑ Final Plat ❑ Other ❑ Final Plat Modification Applicam name: .1 % tiSb h tl pcx m t sh d e-1'1" k k t v Phone: Applicant address: 3 �� Rl J h c, Email: �5 h o tx .1 a - Gd Wk City: State:_ Zip: g 3 6q2 Applicant's interest in property: JY Own ❑ Rent ❑ Optioned ❑ Other Owner name: S CA* "L 6t.5 Ut b-oV'0- Phone: Owner address: City: Agent/Contact name (e.g., architect, engineer, developer, representative): Firm name: Agent address: City: Primary contact is: ❑ Applicant ,Owner ❑ Agent/Contact Information Email State: Zip: _ Phone: Email: State: Zip: _ Location/street address: N✓ -0- Township, range, section: 3 IV 1,2� () Assessor's parcel number(s): () t H �'..+r" Total acreage: . %-? Zoning district: 0- Community Development . Planning Division n 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.orgtplannine -1- (Rev. 0611212.014) G 11r Project/subdivisionname: I a DUl'CS�� General description of proposed project/request: c 1. G Y19 ITIL✓ �6'�f�k 6�� UFs Vey rnr Proposed zoning district(s): C/i T 6 W n Q' 4n aY, commer Acres of each zone proposed: NTH Type of use proposed (check all that apply): MResidential ❑ Office ❑ Commercial ❑ Employment ❑ hidustrial ❑ Other Who will own & maintain the pressurized irrigation system ,nn''UlV t ithis development? / Which irrigation district does this property \li�e/L' rwithin? / V " Primary irrigation source: y "V G� Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): s Residential Project Summary (if applicable) JVA Number of residential units: Number of building lots: Number of common lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2-3 bedrooms: Minimum square footage of structure (excl. garage): Minimum property size (s.f): Gross density (Per UDC l l-1A-1): Acreage of qualified open space: 4 or more bedrooms: Maximum building height: _ Average property size (s.f.): - Net density (Per UDC I I-IA-1): Percentage of qualified open space: Type and calculations of qualified open space provided in acres (Per UDC 11-3G-3B): Amenities provided with this development (if applicable): Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhouse ❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Other Non-residential Project Summary (if applicable) NA Number of building lots: _ Gross floor area proposed: Hours of operation (days and hours): Total number of parking spaces provided Authorization Print applicant name: W\, `50' Applicant signature: �— Common lots: Other lots: Existing (if applicable): Building height: Number of compact spaces provided: 6, eta KkV Date: Community Development ■ Planning. Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity:org/nlanning -2- (Rev. 0611212014) h-eg9 _S3&3 `1V--%9 Q09hG9 t1L9, ^94r Ipti21 7npN Ldf-49i (VOZ) taoJ 1--mo Ii979 .4.pt 'DuwpH TOf ..'s 'w"n Nuts. wU ♦ZLt lt1lYt9"La SM LIM7LfP rv'crM&Av'm Tycrf M Ylx� v 14 �5 ,c7f N �t r �i 1 , i 1 1 I r 1 1 1 1 q I Jamison & Tami Shoemaker 1031 N. Main St. Meridian, ID 83642 Certificate of Zoning Compliance Narrative: We are asking to change our Conditional Use Permit from Commercial back to Residence Use. Alternate Compliance for Garage. Our property is located in Old Towne. In your code you request a two car garage, and as stated before we are in Old Towne which makes this request not possible for our excisting building and property. We have no space for a two car garage on our property without destroying our beautiful landscaping including losing Meridian's oldest Dark Maple Tree. (Over 100 years old!) We have a total of 11 off street parking spaces. You are asking for 2 spaces inside a garage and two outside. I know of no code that requires owners to actually keep two cars parked inside the garage. So the only reason for a two car garage is to give room for storage. To that end we have a storage area of 563 sq. feet. (Larger than a 2 car garage) and it has 10 ft. high walls. It's like a large garage, but without a tradition garage door. Jamison & Tami Shoemaker 1031 N. Main St. Meridian, ID 83642 AMBROSE. FITZGERALD CROOKSTON kIIorneys and Counselors P.O. Box 427 lerlatan, laaho a3642 ,phone �61 WARRANTY DEED FOR VALUE RECEIVED, RONDA L. MINSHEW, the Grantor, does hereby grant, bargain, sell and convey unto JAMISON SHOamAKER and TAMI SHOEMAKER, husband and wife, the Grantees, whose address is 533 Kearney Place, Meridian, Idaho 836042, the following described premises, to -wit: LOT 16, 17 18 AND THE EAST 15 FEET OF LOT 19 IN BLOCK 6 OF F.A. NOURSE'S SECOND ADDITION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 2 OF PLATS AT PAGE 64, RECORDS OF ADA COUNTY, IDAHO. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantees, their heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantees, that they are the owners in fee simple of said Premises; that said premises are free from all encumbrances, and that they will warrant and defend the same from all lawful claims whatsoever. DATED This 30th day of June , 1989. RONDA L. MINSHEi STATE OF IDAHO } SS. County of Ada } On this 30tn day of June , 1989, before hie, the undersigned, a Notary Pui:iic in and for said State, personally appeared RONDA L. 4INSHE4, known to me to be the persons whose names arF subscribed to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residence: 3i{iii4`;AaxcO:a BOIS_, T D:_HO COC1Zi5S_c)n e_tpJres) 13. F.,vloaed me Or loll erring Pununrnrs to br yInlet m I pour ASSIGNMENT WARRANTY DEED BARGAIN AND SALE DEED I Chrak one. Yj 13u,r,sx-,'i'nm theprieilegeuf prep:p'i'm,ar, Payment Jua. moh,' d � . rum,. Boyers are act en the P riciltgeof Preen. hogany payee,. doe.nders oid ru.. ar ....tare. lu. Interest at the rate of—_9-r 'i poa . cannot one, _July-3�1989 -- -- -xml .hxu be computed on the unpaid prinvipal baton,, to da". ofpa.mept caul, time:, peymm:t i-s :oa.le- 16. C'hcsk ene: K] dal p:panent. slnJl Le art+lire,l first m the interest thou Jue. xnd for L:dan.e call, prSYrcipni. l Interestshallbe pail in::dditiun to "I ill' mod all,onerns. . 553,945.51 Il. A.'hen sou revoked the unpaid pri,c, pal of ,�O_ and interest ftir 9d l m cIs, . : shall dr . 11,erdl of the abovem de,udnts except the r rnra,l. suLaquen. h n signment', supplemental ogrello,on id L"1,1 in v'ue. iuua. to :thy ofthe Buyers, ur ills order, .vain thereby. aone.our ,seen.. is. Until fic"Inc, %-litter notice m %cn.signet I" each of the Seller, pIymenry n' run-e:ceJ ; th i. r.:,a.. ,hot Le disposed nfm follnu's: Credit checking aermmt of: ('rodit savings account o❑ Other insn,rctionc: 13�tty _Mae _Reimter'_a--Tsust-Account., _Idaho.-First-Na t iona 1 Bank -now West One Bank, Meridian, Branch, Meridian, ID. recount-N3i0005119014_ _—_—.._._._.___.___....... _.._....__,.._._..__._ 19; Any Instrument .1 1.111allon Blared ill 11111%V here,cich at this time. or hereahn, i`.,pool .pp. III, roodiciwr e that the a option for may at its optifor are reason. wid,in 15 Jags from the i1"O'itof su.h lent, ref." m accept thesame; in hich e,ent the e n,.holJer shall notify all parties here,. it , ,,t;n, o .Or refusal :uhd ,hall return such instruments, together rcith the fee paid in connection there,-ith no the party., mn,icaepusiting the same. 20. It shall be the sole rePonsabilip' of the buyer and seller to see that m kept, on in farethe proper.. and that Real Property taxes are paid in the fm,n,, arrant, and the escrowholder shes ll mare no reshmuiLill r: or liability for lack or ins. Blciener of asm,m,O Pr lark of,o, ,n, oftaxes. oL Tire escrow -holder shell have a lien %pen all monies, papers and pt,pc MiO, held br it in eo... fro on hc,,�,;:h for any fees, costs.,expenses due it It"emuler. In case any party shall assign his right, matter any document, deposited hmeumler. or should a % peaty c are ii third party any right, interest, lien a ,.bran,, under any doemnent deposit till hereunder , propnt. ...... �I by these escrow n instrmcnoas, if such a sig... cut o at r cation of rights in a third pertc i mde ,. nhout pay numt co the wholder's filing fee. a.c re es...holdeq sHn a- auer of aceo.nhodorion m the partak ies will ..re are.......bit eff." [ocrocorop)y vvith suchss aignment a of I IIhTv neon «nlfrz.,a"z ,mniia.hien g,, . ,r if.'ibe eel,..holder shall not how be board by , 111 rilirnti. r givenit be a par c hereto o a chiral nvr ,nd sha11 under o - .; vain stances and inn Wane, be I ... w, to the parties hereto on any third pvrtg. for an. n r.,,, o—no, our of nr rob, cell ro its acts vumce,tcd ,.Hh such a elpnurem r emir, of righr_. 'Ihe .,holder 'hill) ",I' be held u: notce of any e.. nwons ufron or p-hbawn al,' :r such a.s,I. nmeno .11 h, ,:lea. ,.Ln, !,ocnA hereunder. 11 1Ce have read the (.,ageing c,1f u,u..a,. mhdenrmd .he mean" dhertof, I I agree than Pma­ lid, rbn.pa-ray, it the ndhannisuciti,ai of .Lis e is bound only and solely by the foregoing , tinea i uctione, r .111 b,rrher .,at,,, and signed instinct ions as w-e may, her e%her, Jelivorm said company and o:e came be o I Ober I _c Ih in „riting. IN :,.,..ESS It HEREOF.. th, wdv signet have hereuate sa their h.,nds and <,als 0,c ____ - _ _. mac ,. COMPLETE ADDRESS IPlease prin1r: -- HONIDA L;, MINSHEW 1031_East lst_Street 533 Kearney Place _ b!erxdaFt=�1'•daho=—_-_ �.1,..-9-36¢�= Serial S,,mtty Numher -ZIP Sdvial Seen, itr Number n_6. The malusiRned company hereby orknmrle,i,es r i,rt of the docu nt,la, des, ric..l in the for,tnping amd greeen', an ageees to hall and dispose of the s.m.e in maordan.e cnh $I, anar.aton. and up„n the toms mad ra, inoa, aooce set forth. PIONEER TITLE COMPANY 01' ADA COUNTY All, Rerri"ll _ _._ half, :Irrr nt ad,ia,E.ri„a pro L70 I Li F4 •\ V V � V V C y 1 �v i C y 'l \ V N.L \ 1 V n _ J v J r No Text E IDIAN Community Development Date: 5/9/16 Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 208.887.2211 Address/Parcel Verification The address and parcel information below has been researched and verified as correct by the City of Meridian Community Development Department. Project Name: Jamison and Tami Shoemaker Residence Address: 1031 N. Main St. Parcel Number: R6129010425 T/R/S: 3N 1E 01 Property Owners: Jamison and Tami Shoemaker 1031 N. Main St. Meridian, ID 83642 Address Verification Rev: 04/23/12