1987 07-21~ S
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A G E N D A
MERIDIAPJ CITY COUNCIL
JULY 21, 1987
ITEM:
MINUTES OF THE PREVIOUS MEETING HELD JULY 7, 1987:(APPROVED)
1. FINDINGS OF FACT AND CONCLUSIONS OF LAW ON VARIANCE REQUEST
BY ROBIN PRINDLE.(FINDINGS DISAPPROVED, NEW FINDINGS TO BE PREPARED)
2. CURT CRUM, JUVENILE CENTER:
3. RON VAN AURER: LOT LINE ADJUSTMENT ON PROPERTY SOUTH OF
FREEWAY: (APPROVED)
4. FRED FENpER::~DISCUSS_POSSIBLE FUTURE PROJECT:
~. DEPARTMENT REPORTS:
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MERIDIAN CITY COUNCIL JULY 21, 1987
Regular meeting of the Meridian city council called to order by Mayor
Grant Kingsford at 7:30 p.m.:
Members Present: Bill Brewer, Ron Tolsma, Bert Myers, Bob Giesler:
Others Present: Dennis Clark, Roy Porter, Rob Prindle, Twayne Walker,
Julie Stutts, Jackie Graham, Leonard Evans, Fred Fender, Gary Smith,
Bob Mitich, Walt MOrrow, Steve Wherry, Curt Crum, Mr. Tallman, Bill
Nary, Members of Scout Troop # 129:
The Motion was made by Brewer and seconded by Myers to approve the
minutes of the previous meeting held July 7, 1987 as written.
Motion Carried: All Yea:
Mayor Kingsford: I would like to welcome the Member of Scout Troop
# 129 who are in attendance at tonites meeting. I would like to also
publically commend the Little League Baseball Team, the thirteen year
olds, that are headed to the State Tournament in Coeur d"Alene, they
were last years State Champions and placed seventh in the Western
Region.
Item #1: Findings of Fact & Conclusions of Law on Variance Request by
Robin Prindle:
Mayor Kingsford; This is the Variance Request for lot coverage for the
Retirement Home in Meadowview Subdivision, Are there any comments from
the Council Members on the Findings?
Giesler: After the Public Hearing, I did some research on this, we did
have a lot of people in here at that time who had some concern and after
reading the Findings I wanted to do some more research on this, the main
issue, actually we have three issues that are talked about in the
Findings, one of them is that a Variance shall not be granted for
convenience or profit, the comments centered around the actual use
of the property rather than the actual problem we do have with the 350
lot coverage. Setting back and kind of reappraising that I look at the
economic way the economy is in this area. I think we have to start out
by looking at what the State is doing, we see the State spending millions
of dollars,--the Department of Commerce, trying to promote growth in our
State. I think the Cities have to do the same. So regarding the 35o it
has never came before us, so I tried to figure out some ways what is
wrong with the 350, why do we have it in there. First I called Ada
County and they do have the 35% Ordinance but it has never came before
them to where they had to make a ruling on it. I talked to Boise City
and they had the same thing but could arrive at a reason why they had
it so they did away with it. Talking with Nampa, they have the 350
coverage but it has never came up before them and Caldwell has a 350
lot coverage but they have never had to deal with it, but none of them
could really shed any light on why this was in their Ordinance's except
for uniformity and have enough grass for children who were around and
that sort of thing. So we are trying to promote growth in our City and
I think maybe we have to do the same thing, I feel maybe that the 350
MERIDIAN CITY COUNCIL • •
JULY 21, 1987
PAGE # 2
lot coverage. is obsolete and out of date in this area, maybe we need to
be competitive. During this time I met with the Chairman of the Planning
& Zoning and give me some reasons why this 35o was in the Ordinance, he
really could not come up with anything. This was discussed at their
meeting last week and it was the consensus of the Commission that this
needed to be amended. I feel that if we go ahead and approve this Variance
we are setting a precedence, if that is the case so be it, lets go ahead
and allow this shelter home to`be in this area, we need to be competitive
with the other cities, I think this is something that would benefit the
City and also be good for some older people and not down grade the area
it is going in and I really do not have a problem with it. One of the
other things that was brought up during the Public Hearing and was of
concern of many of the people was the use of the shelter home, one of
the things brought up was the older people needing their privacy and the
children and the older people not being compatible, after looking into
that we know that the State requires that this be allowed in a residential
area, I feel that is one of the reasons that the older people will be in
a residential area where the children and the younger people would be
around them. The State Department of Health & Welfare also has many
programs they promote where the children go into these homes and visit
with these older poeple that is how important they seem to feel that it
is and also a Nationwide: program that is called Adopt a Grandparent that
is televised and advertised, this is how important its is for the older
people and younger people to be together. I really do not feel the older
people are against having the younger people around. Getting back to the
350 lot coverage, if this Variance was to be approved of ,course the other
issue of the Ordinance we have saying that a Variance cannot be granted
for profit or convenience of course that would not come into effect then.
I really feel we need this type of thing in our area and I really dis-
agree with the Findings and I would ask with these things I have come up
with that Mr. Mayor and the rest of the Council that we disagree with
these Findings and that we have new Findings written with a recommend-
ation of approval.
Myers: Mr. Giesler has some good points and has did some good research
on this, however the thing it comes down to, I have talked to several
people and the thing that concerns several people in that area is the
size of the home and I have to agree with them, it is going to dwarf
the rest of the homes in the neighborhood, as far as the shelter home
at the public hearing they were not really in favor of the shelter
home in their area. I have no problem with the shelter home itself
being there but I do have a problem with the size of the home in that
area and according to the Ordinance a Variance should not be granted
for profit or convenience and that to me is important and I would say
if Mr. Prindle wanted to go ahead and build the shelter home in that
area with the 35% coverage which would be approximately 600 square
feet less then that would be the thing to do. I do not feel like
just because he needs a larger home to make it more economically
feasible that we ought to grant a Variance for it.
Brewer: I have some comments that I would like to make tonite regarding
the Findings of Fact, really they do not pertain to this issue but for
the public knowledge, the process is something the Legislature directs
us to carry out. In situations like this proposal we must direct our
legal counsel to do the Findings and I am not finding fault with our
City Attorney, I want people to know that but I do find fault with the
MERIDIAN CITY COUNCIL • •
JULY 21, 19,87
PAGE # 3
process itself, I believe we as elected officials hear the same facts
and have access to the same codes as our City Attorney and I believe
I can make those decisions without counsel's advise very often. The
Findings and the Conclusions in the case of the Eagle Road Interchange
Hearings and the Regional Mall Hearings for instance, they go over a
period of time, I believe are worthy, but I feel many of these day to
day operations that come before us, we should have the ability to be
able to make these decisions without having to have our City Legal
Representative do the Findings of Fact and Conclusions of Law. One
reason I feel that way is if our City Attorney is able to direct the
vote in that manner we really do not need a Mayor & Council. I believe
we as a City Council should have the right as to when we want to have
Findings made and not be forced by Legislature to have them on every
proposal like this. On the. Findings before us tonite in #9 of the
Findings it shows that the applicants plans show that all setback
requirements will be met, which means even though this particular home
would be approximately 600 square feet larger than the normal home in
that area it would meet our setback requirements, therefor I can't see
where there would be any problem as far as fire hazards or anything which
causes us to have those requirements, then in #11 of the Findings that
the public comments submitted were in opposition to the shelter home
rather than the issue of the lot coverage which was the question before
the Council. Under the Conclusions themselves in the document under
#2 it state the City has the authority to grant Variances and in #4 it
state the Council may take judicial notice of its own proceedings, those
of the Commission, governmental statutes, ordinances and policies and
of actual conditions existing within the City & the State. That parag-
raph, just to me goes on to state that we as the governing Council have
the right to grant Variances from our codes. In conclusion.I believe in
this project, I see it as a positive addition to the subdivision in
question and possibility instead of a well maintained facility on this
same lot a home could well be built for a family of eight, who have
three junk cars and an unkept yard full of trash, where this facility
would be a well maintained structure and an asset to the subdivision.
These are pioneers of our community .and I believe we should have shelter
homes so they can stay here in the Meridian area where their family &
friends can visit them occasionally.
Tolsma: Basically I echo Mr. Brewer's comments, I read through the
Findings, I had negative thoughts on this until I spent. several hours
the last few days going over some of this and seeing the lot and seeing
the people and generally looking at other shelter homes, where they
were located and how they were kept up and the only drawback that I
can see is like Mr. Myers said is the building is about twice as large
as the other homes in that area, but where there is no garage on the
unit it is really not going to be as much out of ,place and like was
mentioned there could be a family with eight children build on this
lot and there would probably be a lot more hardship on the neighbor-
hood than there would with eight elderly people living there. I went
through the Findings and the testimony we had at the public hearing and
really the only question we had was that it was going to be a shelter
home and not on the 350 lot coverage.
Myers: I just want to make one thing clear, I am not against a shelter
home and I am not against growth or development, I just feel in this
case that the Ordinance is such that we should stick by it. Mainly with
MERIDIAN CITY COUNCIL •
JULY 21, 1987
PAGE #
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the Variance the larger home would dominate that area plus it is more
for an economic gain, I feel which is not what the Variance is for.
Mayor Kingsford: This first issue is to approve the Findings of Fact,
is there a Motion to that effect?
The Motion was made by Myers to approve the Findings of Fact, Motion
died for lack of a second.
The Motion was made by Giesler and seconded by Tolsma that the Findings
of Fact be disapproved:
Motion Carried: Brewer, Yea: Tolsma, Yea: Giesler, Yea.: Myers, Nay:
The Motion was made by Brewer and seconded by Giesler to have the City
Attorney re-address this issue and prepare new Findings of Fact and
Conclusions of Law.
Motion Carried: Brewer, Yea: Tolsma, Yea: Giesler: Myers, Nay:
Brewer: We might request to, that while our City Attorney is going about
this that he spend some time with our Commissioners, Walt Morrow and his
group, find out their position on changing this 35% lot coverage.
Mayor Kingsford: I might in lieu of that pass on, Mr. Morrow, I think
there-~.is some real merit, we have discussed it before, I think there
is some real merit in having lot coverage, especially in a R-4 Zone and
I hope it would not be abandoned post haste, I would hope that your
Commission would give some good consideration to it as you do everything.
Item #2: Curt Crum: Ada County Juvenile Center:
Crum: Approximately a year ago the Juvenile Center opened a satelite
office here in Meridian through the benevolence of a businessman here
in town who had some property and we opened a probation office here
to be more accessible to the public, we felt to be more responsible
to the community and to the county because we did have~i. fair amount
of juveniles on probation in this area. What has happened in the last
year we were able to fund that operation through a grant as of ,recent
we have found out that our funding for the next year has not been
approved by the County Commissioners, it leaves us in a precarious
position wanting to continue on with that office or an office here in
Meridian, the problem is we do not have any budget to continue the
services or an office that we would like or are appropriate. In light
of that we would ask if there would be any consideration to using
either the office of this present building once it is vacated see if
there could be some office space available here and whatever agreement
could be reached to take care of the utilities and such to make it
useable, I might note that we really do not know what the City Council's
intention is for this building, but we would just like to propose that
as an option if possible and explore it futher if .need be.
Mayor Kingsford: I might direct you to make a written proposal to the
Council, they are entertaining several different options for this build-
ing and certainly we would look at your proposal.
MERIDIAN CITY COUNCIL • •
JULY 21, 19.87
PAGE # 5
Item #3: Ron Van Auker: Lot line Adjustment Property South of Freeway:
Mayor Kingsford: Is the someone present to represent this request:
Mr. Dennis Clark was in the audience:
Clark: I work gar Ron. Van Auker and what we are requesting is a lot
line adjustment for the property located South of the freeway which
was recently annexed and zoned Light Industrial. This will be the pro-
posed site for the new Inland Coca-Cola Bottling plant. The area that
is outlined on the maps you have is the site basically. what we are
requesting is what was formerly Lot 1 of Timothy Subdivision be
enlarged to include that area that extends South to Overland Road
along the West side of the property. Clark showed the Mayor &Council
on the maps what they were requesting.
Mayor Kingsford: Are there any questions of the Council? Under our
Ordinance we do have the ability to adjust lot lines and split a lot.
Giesler: Mr. Mayor, I would have nv problem with this, I am glad to
see further development of there.
The Motion was made by Myers and seconded by Tolsma to approve the
Lot Line adjustment as requested by Ron Van Auker:
Motion Carried: All Yea:
Item #4: Fred Fender. Discuss Possible Future Project.
Doctor Fender: I appreciate the opportunity to come at the last moment
before the Mayor & Council and present an item of business, I just have
a letter here for the Mayor & Council that explains what I would like
some direction on. It just came to my attention that the property down
the street where the church burned down a few months ago came up for sale.
I have been looking around the area in the hopes that in a couple of
years perhaps I might be able to purchase a piece of property and build
my own office. When this property came up for sale I did some investigat-
ing and found it would be feasible for me to do. My purpose for coming
before you this evening, as you know this property is now zoned resident-
ial, and I would appreciate the Mayor & Council's .thinking on whether
there would be an objection to the re-zoning of this property for a
doctors office. There have been no plans drawn for a building, it prob-
ably be two to three years down the road before the building was built.
It would be in the area of 2500 to 4000 square feet. I would like any~of
your comments or objections before I carry this to far.
Mayor Kingsford: Well certainly I would like to commend you for the job
you have done here for the three years and applaud you for wanting to
make an additional committment here in Meridian. I would recommend that
you consider a re-zone of this property to Limited Office.
There was no objections from the Council on this proposal.
Department Reports:
Mitich: One thing I did not understand when you were talking about the
MERIDIAN CITY COUNCIL • •
JULY 21, , 19 8 7
PAGE # 6
shelter home over in Meadowview there is some kind of Ordinance or
law about financial gain.
Mayor Kingsford: What .our Zoning & Development Ordinance says is that
a Variance should not be granted for financial gain. I think they are
talking about additional financial gain over and above what would be
without the Variance. On that subject I asked the City Attorney to
look at that State Code that talks about shelter homes and the inter-
petation by the Health & Welfare with regards to that issue. State Code
says that the shelter homes that are for physically or mentally hand-
icapped people must be permitted in a residential zone. This does not
fit this category unless Heath & Welfare has taken a different view of
it than how I read that State Code. The thing might be that even though
we have presented this maybe it does not fit in this classification and
would not be allowed in a R-4 Zone anyway.
City Engineer: The water replacement project has gotten underway, it
seems to be progressing along good. Also the APA is in the process of
updating their population forcast for Ada County and the Cities of
Ada County. It was brought to the attention of the City Engineer that
preparation for the official 1990 Census had already started and this
should maybe be brought to the attention of the APA before very many
funds were expended to update the population count in Ada County.
Brewer: First in regards to my comments tonite, I want to make it very
clear that I am not finding any fault with our legal counsel and also
I condone your comments, Mr. Mayor, in that there are times when these
Findings are needed, it is just that I feel that very often in some of
our lessor issues it is an additional cost to our developers that has
to be born by them that I do not feel is necessary. Then today I
noticed Pandoras Pawn, there is quite a few freezers stored outside.
Police Chief: they were verbally warned by one of the Officers about
two weeks ago.
Brewer: Bob Mitich our Electrical Inspector was by my place the other
day and the portable electric sign issue came up again, we discussed
the ninety day limitation that is supposed to be on these signs and
we realize that the Electrical Inspector is the only one really to
try and keep track of these things and it is something that has to
be done at no compensation. I wonder if maybe there could be fee
that could be charged for these to make it worthwhile for our
Inspector to be able to keep track of these.
Mayor Kingsford: I think it would be well to have some kind of permit
for these so they could be kept track of. I would maybe ask the P & Z
Commission to take a look at when they are reviewing the Ordinance.
Mayor Kingsford: Could we have some direction from the Council, on about
last November, Hoalst & Anderson were in and asked for continuation of
their Conditional Use Permit for six months, at that time I recommended
we grant them a year and that they have work in progress and be doing
something on it, as I drive by there naturally I see nothing happening
I think we may do well to direct the City Clerk to write them a letter
and say they better get in here with what to do or they are going to
be closed on the 1st of November.
MERIDIAN CITY COUNCIL • •
JULY 21, 1987
PAGE # 7
The members of the Council concurred with this and advised the City
Clerk to write a letter to Hoalst & Anderson.
Being no further business to come before the Council the Motion was
made by Myers and seconded by:Brewer to adjourn at 8:15 p.m.:
Motion Carried: All Yea:
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
V
GRANT P. KING O , YOR
ATTEST:
~! Mayor Council
-' P & Z ommission
Atty Eng, Fire
Police, Ward, Stuart
Mitich, Hallett
Valley News, Statesman
Kiebert, ACHD, NIMD
Set~ler~,Irrigation
CDH, ACC
Mail (4)
File (4)
r
FRED W. FENDER, M.D.
FAMILY PRACTICE
900 NORTH CINDER
MERIDIAN, IDAHO 63842
TELEPHONE 888-5406
July 21, 1987
To the Meridian City Council Re: Conditional use permit
,:;
This letter is a request for a change in the zoning status of the property listed
as 1001 Meridian Street, Meridian, Idaho. The property is the site of the former
Church of Christ which burned down earlier this year. The property has been
cleared of all debris and currently is a vacant lot, bounded on the west by Meridian
PrimarySchool, on the south by the Meridian School District Administration Building,
on the north by a private residence, and on the east by Meridian Street. It
currently is zoned as R-4, but I am requesting a conditional use permit to use the
property as the future site of a professional medical building.
I am a Family Practice physician and have been practicing in Meridian for three
years. Currently I am leasing space in the Meridian Professional Plaza on Linder
Road. It is my hope to build within three years a professional office building
at the site described above, to house myself and possibly one other physician.
The building would be used solely for the purpose of seeing patients and those
activities related to the practice of medicine. Although the plans for this.build-
ing have not been drawn at the .present, the size of the building would be approx-
imately 2.500 to 4000 ft2. These measurements take into consideration the setbacks
currently specified in the Meridian City Code. The building would be one story
and contructed in a visually esthetically fashion to match other newer office
buildings already in existence in the Meridian area. A sign advertising the business
would be placed either on the front of the building or on the lawn facing Meridian
Street.
Parking at this site would be provided for by designating spaces immediately to the
south of the property adjacent to the driveway provided b~?e the School District
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as access to Meridian Primary. The main access to the office would be from
Meridian Street, although alternative access could be had by approaching Meridian
Primary from Pine Street.
A firm offer has been made to the sellers of this property and final financing
is currently being arranged. This offer is obviously dependent on the issuance
of a conditional use permit by this council and Planning and Zoning review.
Thank you very much for your consideration. If there are questions regarding the
future use of this property, please contact me at 888-5406 or 888-2272.
Respectfully
c:~/"
Fred W. Fender, M.D.
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