1988 05-17•
A G E N D A
MERIDIAN CITY COUNCIL
MAY 17, 1988
ITEM:
•
MINUTES OF THE PREVIOUS MEETING HELD MAY 3, 1988: APPROVED)
1: AMERICAN LEGION & VFW ON MEMORIAL DAY:
2: FINDINGS OF FACT & CONCLUSIONS ON VARIANCE REQUEST BY_JERRY
SMITH FOR A CHURCH AT 1114 MERIDIAN ROAD: (VARIANCE APPROVED)
3: REQUEST BY FULLER & SCOTT FOR ONE YEAR EXTENSION IN RECORDING
THE FINAL PLAT ON MERIDIAN GREENS: (APPROVED)
4: APPROVAL BY COUNCIL FOR CITY TO MAKE APPLICATION FOR GRANT: (APPROVED)
5: DEPARTMENT REPORTS:
•
•
MERIDIAN CITY COUNCIL MAY 17, 1988
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: Wayne Crookston, Walt Morrow, K. Beumeler, Ralph Hakwins,
Bill Haylett, Chip Schweers:
The Motion was made by Brewer and seconded by Myers to approve the
Minutes of the previous meeting held May 3, 1988 as written:
Motion Carried: All Yea:
Item #1: American Legion & VFW: Memorial Day:
Chip Schweers advised the Mayor & Council that he would no longer be
involved as Commander of the Memorial Day Services and introduced
Ralph Hawkins, Post Commander of the Lloyd Hutchinson Post #113 and
Bill Haylett Commander of the Post 4000 VFW:
Haylett: We appreciate the City involvement in these Memoriai.l Day
Services and would appreciate your attendance at this Memorial Day
Services to be held on May 30th at 11:00 A.M.:
Mayor Kingsford: Thank you very much and I apologize, I will not be
able to attend this year, Council President Brewer has said he will
be there and I encourage any other members of the Council that can to
be there. Thank you very much for all you do for the City and the
Memorial Day Services.
Item # 2: Findings of Fact and Conclusions on Variance Request by
Jerry Smith for a Church at 1114 Meridian Road.
Mayor Kingsford: Councilman you have these included with your agenda,
Are there any questions or comments on the Findings? If not I would
entertain a motion to approve the Findings.
The Motion was made by Tolsma and seconded by Myers that the City
Council does hereby adopt and approve the Findings of Fact and Conc1-
usions on the Variance request by Jerry Smith for a Church at 1114
Meridian Road.
Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea:
Brewer: Yea:
The Motion was made by Myers and seconded by Giesler to approve the
Variance for a Church at 1114 Meridian Road:
Motion Carried: All Yea:
Item #3: Request by Fuller & Scott for one year extension in recording
the Final Plat on Meridian Greens Subdivision:
MERIDIAN CITY COUNCIL~~• •
MAY 17, 1988
PAGE # 2
Mayor Kingsford: You have a letter included with your agenda speaking
to this, they think they might be able to meet the June requirement.
The Motion was made by Giesler and seconded by Tolsma to grant a one
year extension on recording the Final Plat on Meridian Greens Subdiv-
ision:
Motion Carried: All Yea:
Item # 4: Approval by Council for the City to make application for Grant:
Mayor Kingsford: This is for an Economic Development Block Grant in the
amount of $500,000 for the Nahas property, the firm that is engaged to
prepare the pre-application is Montgomery Engineering, Bob Jossis, the
purpose that these funds will be used for is to develop a technical,
industrial park at the Nahas property initially to accomodate a
particular employer that would hopefully bring around two hundred
and sixty jobs to the Meridian Area. These funds would be used for
off site improvements, roads, utilities and landscaping.
The Motion was made by Tolsma and seconded by Myers to approve the
City of Meridian applying for an Economic Development Block Grant in
the amount of $500,000.00 -for the Nahas property.
Motion Carried: All Yea:
Mayor Kingsford: The next thing that is not on the agenda and for
information purposes is a Special Meeting has been scheduled for
May 26, 1988 at 7:30.p.m. for the purpose of having a Public Hearing
on the Block Grant:
Mayor Kingsford: It is also that time of the year when we start thinking
about budgets, if you would visit with your respective department heads
that you preside over and ask them to start on their budgets, please.
I would also like to visit with each of you in the near future to look
at what we might have as far as salary and how we would look at that
to present to the department heads.
Department Reports:
Giesler: The City of Boise has requested that we sign a contract with
them for our radio repair, they have been doing this repair for the
Police Department, the fees are the same on this contract as we have
been paying, I need the Council to authorize the Mayor and City Clerk
to be able to excute this contract.
Mayor Kingsford: If it is not out of line, I do not know how long it
has been since we have reviewed what we might be able to do else-
where and if you would not mind Mr. Giesler would you be willing to
check with a couple other places and compare those. I would still
enterain a motion to authorize myself and the City Clerk to enter
into a agreement if that turns out to be the satisfactory one.
The Motion was made by Brewer and seconded by Myers to authorize the
Mayor & City Clerk to execute the Contract for. radio maintenance if
the findings of the Police Commissioner are favorable.
Motion Carried: All Yea:
MERIDIAN CITY COUNCIL • •
MAY 17, 1988
PAGE # 3
Mayor Kingsford: I appreciate greatly , Mr. Brewer, the efforts on
behalf of the City with the APA, I appreciate the fact that your time
restraints do not allow you to continue and Mr. Tolsma I would express
my appreciation to you tonite for agreeing to accept that position.
City Clerk: Mr. Mayor, I do not know whether it ought to be on record
that the Council approved and authorized the signing of the contracts
for the work to be done at the Senior Citizens Center with the Grant
Funds the City has received.
Mayor Kingsford: That is probably a good idea, if the Council would
authorize the signing of these it would be appreciated.
The Motion was made by Myers and seconded by Tolsma to authorize the
Mayor & City Clerk to execute the necessary contracts in regards to
the Grant Funds for the Senior Citizens Center.
Motion Carried: All Yea:
Tolsma: Our City Park Caretaker has resigned and taken a new job with
Ada County at Barber Park, he had been with the City for seven years
and caretaker of the park for four years.
Mayor Kingsford: On that s'
the Council was to request
efforts.Further along that
Mr. Tolsma if we could get
Clerk and maybe work out a
a couple jobs.
object I think it would be appropriate if
a letter be drawn thanking him for his
line if you have time in the near future
together with the City Engineer and City
job description and maybe even consolidate
Mayor Kingsford: With that if the City Clerk would write a nice letter
the Council and myself would all sign it.
Being no further business to come before the Council the Motion was
made by Myers and seconded by Tolsma to adjourn at 7:45 p.m.:
Motion Carried: All Yea:
APPROVED:
T KINGSFORD, MAYOR
City
Mayon` & Council
P & Z Members
Atty, Eng, Fire
Police, Stuart, Ward Mail (2)
Gass, Mitich, Hallett File (4)
Valley News, Statesman
ACHD, NIMD, CDH, ACC
Settlers Irrg.
.~ ~: s~ ,,
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•.
BEFORE THE CITY COQNCIL
OF THE CITY OF MERIDIAN
APPLICATION OF JERRY SMITH AND
THE CHORCH OF THE FIRST BORN
FOR A VARIANCE AT 1114 MERIDIAN ROAD
FINDINGS OF FACT AND CONCLOSIONS
n~srw~,
~rm~nw
BCROOKBTON
Attome~rs mid
CounseloTe
P.O. Box4Z7
Meridl8n, Idaho
- N38A2
Telephone>IB64181
The. above entitled variance request having come on for
consideration on MaY 3, 1988, at approximately 7:30 o'clock p.m.
on said date, at the Meridian City Hall, 33 East Idaho Street,.
Meridian, Idaho, and the City Council having heard and taken oral
and written testimony, the City Council of the City of Meridian
makes the following:
FINDINGS OF FACT
1. That notice of the public hearing on the variance was
published for two consecutive weeks prior to the scheduled
hearing for May 3, 1988, the first publication of which was
fifteen (15) days prior to said hearing; that the matter was duly
considered at the May 3, 1988 hearing; that copies of all notices
were available to newspaper,. radio and television stations.
2. That the notice of public hearing is. required to be
sent to property owners within 300 feet of the external
boundaries of the land being considered pursuant to 11-2-416 'E
and 11-2-419 D of the Revised and Compiled Ordinances-of the City
of Meridian; that this requirement has been met.
'u • •
nNieROS~,
Frrzc~Ean~
6CROOKBTON
Attorneys and
Counselors
P.O.80x127
Meridian, Idaho
83842
Telephotro88B14B7
3. That the Ordinances of the City of Meridian, 11-2-409B,
Zoning Schedule of Use Control require in the R-15, Residential
District, that no church can be located in that zone unless
permitted by a conditional use permit.
4. That the Applicant has requested that he be granted a
variance from the Zoning Ordinance requiring a conditional use
permit and that the Church be allowed to operate a church in the
R-15 Zone; that prior to the adoption of the current Zoning
Ordinance on April 2, 1984, a church could have validly operated
on the property in question without a conditional use permit;
that in fact the structure located on the property was a church
and was operated as such.
5. The property in question is Lots 1, 2, & 3 of Block 1,
of the Amended Plat of F.A. Nourses Third Addition.
6. That the lot is zoned R-15 Residential which thus can
be used for multi-family dwellings and churchs, but only upon
issuance of a conditional use permit.
7. That the use to which the Applicant proposes to put the
lot is a church.
8. That the Applicant set forth the following pertinent
comments as reasons for justification of the variance the
following: that the property has been used in the past as a
church and the structure thereon is suitable fora church; that
the only reason a church could still not be operated is the
change in Ordinance.
.' ' ' ~I • ~
9. That there was no public
opposition to the variance.
comment submitted in
CONCLOSIONS
1. That all the procedural requirements. of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
2. That the City has authority to grant variances pursuant
to Section 11-2-419 of the Zoning Ordinance.
3. That the City Council has judged this application by
the guidelines, standards, criteria, and policies contained in
the Zoning Ordinance and upon the record submitted to it and the
things upon which it may take judicial notice.
4. That 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 and the State.
5. That the following provisions of Section 11-2-419,
Variances, of the Zoning Ordinance is noted which is pertinent to
the Application:
11-2-419 A GENERAL
aMS~os~,
Firzasaa~.o
acaooaBroN
Attorney8and
COU116910(8
P.O.80x427
MsHdien. Idaho
8364?
Telaphare888.1481
The Council may authorize in specific cases a variance
from the terms of this Ordinance as will not be
contrary to the public interest where, owing. to special
• •
conditions, a literal enforcement of the provisions of
this Ordinance would result in unnecessary hardship. No
non-conforming use of neighboring land, structures or
buildings in the same district and no permited or non-
conforming use of lands, structures or buildings in
other districts shall be considered grounds for
issuance of a variance. Variances shall not be granted
on the grounds of convenience or profit, but only where
strict application of the provisions of this Ordinance
would result in unnecessary hardship. A variance ap-
plication does not go to the Commission unless directed
by the Council.
6. That the specific requirements regarding a variance
that must be evidenced and found by the City Council are as
follows:
11-2-419 C FINDINGS
A variance shall not be granted unless (as a result
of a public hearing) the Council makes a statement
of supportive reasons based directly on the evidence
presented to it which supports conclusions that the
mentioned standards and conditions of this Ordinance
have been met by the applicant and unless all of the
following exist:
1. That there are such special circumstances or
conditions affecting the property that the strict
application of the provisions of this Ordinance would
clearly be impracticable or unreasonable;
2. That strict compliance with the requirements of
this Ordinance would result in extraordinary hardship
to the owner, subdivider or developer because of
unusual topography, other physical conditions or other
conditions which are not self-inflicted, or that these
conditions will result in inhibiting the achievements
or the objectives of this Ordinance.
3. That the granting of the specified variance will not
be detrimental to the public's welfare or injurious to
other property in the area in which the property is
situated.
AMBROSE,
FITZ(iERALD
3CROOKSTON
Attomeya and
Couneeloro
P.0.8ox427
Matidhtn, Idaho
83842
Telaphoire888d481
4. That such variance will not have the effect of
altering the interest and purpose of this Ordinance and
the Meridian Comprehensive Plan.
u • •
7. That there does not appear to be a benefit of profit,
economic gain or convenience to the .Applicant.
8. That regarding Section 11-2-419C it is specifically
concluded. as follows;
a. That there are special circumstances or
conditions affecting the property that the strict
application of the provisions of this Ordinance would
clearly be unreasonable when the property was
previously used as a church and is suitable therefore
and no objection thereto has been received.
b. That strict compliance with the requirements of
this Ordinance would result in extraordinary
hardship to the owner, subdivider or developer.
c. That the granting of the specified variance would not
be detrimental to the public's welfare or injurious to
other property in the area in which the property is
situated.
d. That such variance would not have the effect of
altering the interest and purpose of this Ordinance and
the Meridian Comprehensive Plan, or the legislative
intent and purpose of Idaho Code 67-6530 through 67-
6532.
9. That it is concluded the Application should be granted
provided the Applicant meets the other Ordinances of the City of
Meridian, including the Building Codes, Fire Codes, and Life
Safety Codes.
APPROVAL OF FINDINGS OF FACT AND CONCLQSIONS
The City Council of the City of Meridian does hereby adopt
anneaos~,
FITlOERALD
BCROOKBTON
Attorneys and
Courroetoro
P.O. Box127
McHdlan,ldeho
83842
Telephone 8881481
and approves these Findings of Fact and Conclusions.
ROLL CALL:
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•
Fuller and Associates
P.O. Bax 851
Meridian, Idaho 83642
(208) 888-4892
May 23, 2988
City of Meridian
Honorable :Mayor 8a Counci Zman
33 East Idaho
Meridian, Zd 83542
Honorable Mayor and City Councilman
•
Zhis letter is in regards to the Meridian Greens Subdivision Plat. Zn the
event we do not get the Unit #l of the ?Neridian Greens Plat recorded
before the Z year deadline, we would Zihe to extend it for 1 year.
Zhank you,
~~ ~~
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duller -Scott Investment Co
1Vorrnan C~. ~uZ Zer, Partner
~/s Zs