CC - Letter from JoAnn Butler to Bill Parsons 7-21-17 Stor itdata�BtWIUIJIT9401
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ATTORNEYS AT LAW
JOANN C. BUTLER
(208) 388.1093
J B UT1 _E R(�)SPI N KBCITLER_CO M
Vin Email (b.parsonsgineridiaiicitl .oi
July 21, 2017
Bill Parsons
City of Meridian/ Zoning Division
33 E. Broadway, Suite 102
Meridian, ID 83642
RE: Stor-It Self Storage, LLCI3735 North Ten Mile Road/H-2017-0071
SB Matter No.: 21263.2
Dear Bill,
You know that Craig Callaham and I represent the applicant in connection with the City's file
referenced above. Thank you for meeting with Craig and me earlier this week to discuss the
Planning & Zoning Commission's recommended approval.
We are asking the City Council, at its July 25th hearing, to delete condition 1.1.1.c:
The applicant shall provide an emergency access and utility easement (water connection
noted in 2.1.1 below) from the required cross -access and through the subject property
out to N. Ten Mile Road. The applicant shall coordinate with the adjacent property
owner (Parcel # SO434417200) and with the Public Works Department on the location of
the required easements.
To begin, the required water connection also is specified in condition 2.1.1 so there is no reason
to reference the water connection in this condition 1.1.1.c. Next, the applicant already has two
entrances to its project: the main entrance and the second, or emergency, access.' There is no
need for our client to use the private property to the north for emergency access. Finally, the
applicant will not, cannot (given security concerns) provide a cross -access to the private
property to the north.
Not only does this condition 1.1.1.c present legal concerns, this condition that requires cross -
access to the north is inconsistent with the approval of that northern property.
I See the Staff Report's analysis on page 6, paragraph H.
MICHAEL T. SPINK JOANN C. BUTLER T. HETHE CLARK GEOFFREY M. WARDLE TARA MARTENS MILLER
251 E FRONT ST • SUITE 200 • PO BOX 639 • BOISE, IDAHO 83701 • 208.388.1000 • FAX 208.388.1001 • SPINKBUTLER.COM
July 21, 2017
Bill Parsons
City of Meridian Zoning Division
Page 2
That property to the north was approved by the City and developed as a self -storage facility
(Citadel Storage; City file no. H-2016-0114). Its condition 1.1.1.e states:
The applicant shall provide cross access from the north to the south [that is, our client's
property] if the site does not develop as a self -storage facility.
When Citadel Storage was reviewed by the City, cross -access to what is now our client's
property, was discussed. However, Citadel had utmost concern that it provide a very secure
self -storage facility, accessible only by its members. Citadel's concern resulted in its condition
1.1.1.e, which prevents cross -access to our client's property if the Citadel site developed as a
self -storage facility (which it did). The security concerns of our client's self -storage facility
applicant are no less?
Of course, conditions attached to an approval must mitigate an adverse effect created by the
particular use. In this case, there is no effect created by the Stor-It facility that warrants this
condition 1.1.1.c. The condition is not reasonably -related to the approval being requested.
Accordingly, we respectfully request condition 1.1.1.c be deleted and look forward to discussing
this with the Council on July 25th.
Sincerely,
A Q
JoAnn Butler
JCB/ g
e; Tammy DeWeerd, Mayor & City Council Members (via Bill Nary)
Bill Nary (brtar.y meridiancitty.org)
Kathleen Weber (kathleen@stor-it.com)
Craig Callaham (craig@quadrant.cc)
2 In addition to the security reasons for deleting condition 1.1.1.c, deletion of this condition ensures that these
similarly -situated property owners are treated consistently by the City.