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
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Conditions Document 4 Tami's Tea Room - ALT, CZC - A-2016-0171
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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
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Community Development Department . 33 E. Broadway Avenue, Ste. 102, Meridian, ID 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org
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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)
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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)
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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 _ _._
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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