Loading...
CC - Letter from JoAnn Butler to Bill Parsons 7-21-17 Stor itdata�BtWIUIJIT9401 R� 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.