1982 01-11•
A G E N D A
MERIDIAN PLANNING AND ZONING
January 11, 1982
OLD BUSINESS:
ITEM:
C~
Minutes of the previous meeting held December 14, 1981
1. Reynold Schenk
Townhouse Proposal
Tabled From Dec. 14, 1981
Recommended APPROVAL
Meridian Planning & Zoninq Commission ~~ January 11, 1982
Regular Planning and Zoning Commission meeting called to order by Chairman
Annette Hinrichs at 8:00 P. M.
Plembers Present: Don Sharp; Lee Mitchell; Bob Spencer
Uthers Attending: Reynold Schenck; Ray and Maude Pethtel
Minutes of the previous meeting held December 14, 1981 were approved as written.
The h1otion was made by Mitchell and seconded by Sharp that the minutes be approved.
P1otion Carried: All yea
Agenda Reynold Schenck - Townhouse Proposal 431 and 435 East State Street
1
Bob Spencer addressed Chairman Hinrichs with a request to abstain for any action.
The Motion was made by Sharp and seconded by Mitchell that the Reynold Schenck
Replat proposal be removed from the Table.
f4otion Carried: All yea Spencer, Abstained
Schenck: "We had a question concerning the fences and the Fire Department. I talked
with the gentlemen at the Fire Department and he indicated that he had no problem
with the privacy fence as long as there is not one across the back." Plat was
displayed showing fences. "Each individual has a fence so that they can have their
own - originally we had proposed to have fences along the back. The Fire Department
indicated they had no problem with the fences coming down through here but would
prefer that we didn't put fences across the back. They have three sides to get into
this so they only have a problem with the back."
Chairman finrichs, Don Sharp stated that they disagreed with the Fire Department in
not allowing a fence along the back.
Sharp: "I don't quite understand wliy you can't have a fence along the back"
Rlitchell expressed that he was adamantly against the Fire Department not allowing
a property a fence along their back property and along a ditch.
Schenck stated that he had no problem with the Fire Department and did not mind
the restriction of having a fence.
fdembers of the Planning and Zoning Commission expressed their disapproval of the
Fire Department not allowing a back yard privacy fence. (Tape on File)
Schenck: "On the Set back on East State Street, we have run the tape and the house
that is on the lot now is about two feet back further than everybody else. !~Jith the
20 foot setback requirement we will be from one (1) to two (2) feet maximum in line
with everybody else. This is setback a little further than the next house (Scott)
I talked with Vern and he said as long as I conform with over 5090 of the houses
there is no real problem."
Schenck spoke of the house across the street and Pethtel's suggested that he not be
concerned as much with what was across the street than their property and Vera Sm tt's
which are neighboring and on the same block - the 400 Block."
Schenck: "The Code says as long as it doesn't distort the view of the neighborhood,
but this project will be within two (2) feet in line with everybody. "
Plaude Pethtel: "The Code says 20 feet from the sidewalk in and that is what we are."
Schenck: "That is what we are planning - 20 feet back from the edge of the sidewalk
which is the property line - if you are 20 feet back we should be right in line with
you."
Schenck: "4Je do not have a problem with the irrigation now that we don't have a fence.'
iPleridian Planninq_& Zoninq _ _ .2. January 11, 1982
(Agenda 1 (Cont'd) Schenck Proposal......
Ray Pethtel: "I hate to intervene but if there are kids in those middle units,
the ditch will have to be fenced.. That is a live ditch - not just a little flow -
It comes down 5th, goes down the alley, comes across and carries at least 25 to 30
inches of water. It irrigates all of those people there and across the road."
Schenck: "They told me .out of Nampa-Meridian Irrigation that it didn't have to be
fenced. I have no problem with putting a screen over the top of that because it is
probably would work a lot better than try to put in another type of irrigation system."
h1aude Pethtel: "The screens will have to be placed so we can pull them off - there
are headgates all along there."
Schenck: "The headgates would be set up so that you would not have a problem."
Pethtel: "It should be placed so that no child could fall through - they would go
under the road."
Schenck: "Well, they said I didn't have to but rather than lose a child, I would
rather be safe than sorry."
There leas more discussion concerning the fencing in the neighborhood. (Tape on file)
Density was tabulated at approximately 15 units per acre.
Sharp: "Personally, I think it would be a good idea to have that ditch screened
for the protection of the children. But, I disagree with the Fire Department -
I think these people should be allowed a back fence. With three open sides there
ought to be some way to get Fire equipment in there."
Schenck: "The Fire Department does have some concern in getting the equipment
in the back."
Sharp: "Are you going to have a Homeowners type of organization to maintain the
property?"
Schenck: "The way I understand it there has to be a Homeowners Association primarily
to the point where it comes time to maintain it, they all have to paint it the same
color, take care of the exteriors in the same manner. It isn't the full-blown
Homeowners Association - the legal terminology escapes me. Everyone agrees at the
time whatever the rules are, they put in to paint it, hire it to be done pro-rata
share, etc., etc. From my attorney I understand there has to 6e .something they sign.
It isn't one like Maple Bills. They each are responsible for their interior and
backyards, etc."
Sharp: "Are you making a provision for Arbitration - to settle a dispute that can't
be settled in a Democratic matter?"
Schenck: "The Attorney will have to take care of that but I'm sure that will be in
there."
Sharp: 'The primary concern I have with a project like this is the size of it and I
question whether the democratic process can work with four people."
Schenck: "I understand that when your Escrow Agent is handling it the payments
will include a payment into a fund - that is set up in an escrova. The funding
will already be there."
Maude Pethtel: "Who is going to take care of the sidewalk on State - which family
is going to take care of that?"
There was discussion concerning the care of the. sidewalk and it was determined that
the unit on East State Street would be responsible. Schencl: felt that it would
be hired done by the group or one of the members. Pethtels told the Commission that
the sidewalks have never been taken care of or shoveled free of snow - the other
homes on that street have keot their sidewalks free of snow.
The owner of the East State side unit would technically be responsible.
Ray Pethtel requested that Schenck find a means to prevent the occupants of the four
units throwing their garbage and papers in and around the ditches and property line.
Mitchell: "I think when this project is developed is the time to take care of that
ditch - you as a project developer should the that ditch or screen."
The Motion was made by Mitchell and seconded by Sharp recommend approval to the City
Council of the Schenck Replat located at 431 and n35 East State and to be approved on
the basis that the setbacks be proper, the irrigation ditches be tiled or screened
_ ._ tw
Meridian Planninq & Zoning .3. January 11, 1982
Agenda 1 (Cont'd) Schenck.........
that a reserve be established to cover the cost of exterior maintenance, that the
agreement include some means of arbitration to settle disputes, and that this
proposal comply with all other City Ordinances.
f4otion Carried: All yea. Spencer Abstained
There being no other business to come before the Commission the P1otion was made by
Mitchell and seconded by Sharp that the meeting be adjourned.at 8:30 P. M.
Motion Carried: All yea
C/~~G%~~ ~L~~ /~i
Annette Hinrichs, Chairman
ATTEST:
LaWana L. Niemann, City Clerk
pc: Mayor & Council
Planning & Zoning
Stuart;Ward;Schoen
fVichols;Crookston;
Fire;Hein;Kiebert;
AIC;ACIiD;Central Health;
Nampa-Meridian Irrig;
Ada Zoning Director.
Ada County Commissioners
Reynold Schenck