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1980 12-08 A G E N D A Meridian Planning and Zoning December 8, 1980 ITEM: Minutes of previous meeting approved as read. 1. Joe Osier - Conditional Use for Office - Peridian Park - 1332 Darrah Dr. Hearing - Recommended approval for three years. 2. Settlers Village Final Plat - Norus Annexation - Recommended approved provided that the agreements are furnished to the City that proves that the boundaries are legal. Meridian Planning and Zoning December 8, 1980 Regular meeting called to order by Chairman Annette Hinrichs at 8:01 p.m. Member present: Don Sharp, Burl Pipkin, Bob Spencer. Others present: Bill Blankinship, Norm Noonan, Don Hubble, Joe Osier Minutes of the previous meeting were approved as read. Agenda 1 Hearing - Conditional Use for office - Joe Osier - 1332 Darrah Dr, Meridian Park. Joe Osier was present to request a conditional use for a sales office in residential zoning. Osier: "We have a subdivision that's currently partially completed, 59 lots (displaying map) there is actually 88 lots shown, but 59 completed and you follow the loop around. These three lots are improved with three model homes on them. This house (indicating 1332 Darrah Dr.) is being used as a sales office out of the garage and this is what I need, a conditional use Hermit for -- to be used as a sales office to market 145 lots that will subsequently be in the subdivision." Hinrichs: "This is to be used as a sales office only until the subdivision is completed?" Osier: "Yes." Sharp: "In this subdivision you are conforming with all of the items you agreed to in the preliminary - final plat process?" Osier indicates yes with a nod, and displayed brochures of homes that are being sold. He stated the minimum home is 1,350 sq. ft., ranging 1,353 to 1,376 sq. ft., all two car garage, different floor plans. All custom built would have to conform to covenant speci- fications. Hinrichs called for public comment. There was none. The Motion was made by Lee Mitchell and seconded by Don Sharp that the Commission recom- mend to the City Council approval of a conditional use permit to Joe Osier, 1332 Darrah fora sales office, for a three year period. Motion Carried: All yea. Agenda 2 Settlers Village Final Plat Bill Blankinship and Norm Noonan were present with the final plat for Settlers Village. Blankinship, displaying maps: "There are a few differences that we have made on our final plat. We were having some boundary disputes, but we have resolved these disputes and resolved these different parcels of land -- we have an agreement to resolve with the City of Meridian on the well lot. What we have done, these lots were 102 feet deep, now about 93, as we gave Bill Curtis (to the west) about 7 feet right along his old fence line. These dimensions will be slightly different than preliminary. We had to widen lots up to keep our square footage. On that side (east side) we added about 7 feet, all along the east side to the beginning of commercial. The Michels own the three lots fronting Fairvie~ and they decided to keep the previous boundary. Lle have drafted legal agreements to all the people. On the north side, we retained the very same as preliminary -- Earl Harmon owns part and the City owns part of north boundary. We have to draw up an agreement for the City of Meridian, wherein we will agree that the plat of record is the actual boundary instead of fence line." There was discussion concerning survey. Don Hubble was present to explain problem of previous surveying. Blankinship: "There's a section line right out there in the center of Locust Grove and Fairview. There were five surveys, recorded from 1900 on -- none of which agree." ~- ~ • ~,leridian Planning and Zoning December B 1 Noonan: "What happened, the legal description was described so far away from that sec- tion corner, but the fence wasn't on that legal description. The legal description was actually over 7, more feet -- the fence has been there for 50 or 80 ,years inside that property boundary, so the fence is there, nobody makes a change within 3 ,years, a fence becomes a legal boundary. We had to change the legal boundary to meet the fence line. The same thing happened over here -- the fence was not on the property boundary so we moved this boundary over to match the fence." Sharp: "How do we avoid this happening in the future?" Noonan: "Well, that boundary would be the legal property description, unless someone says 'my fence is there' and takes it to court." Blankinship: "Adverse possession is 3 years in the state of Idaho, and what it assumes is that you have paid taxes within- your fence lines and so you possess this land, paid taxes on it, regardless of whether the fence is in the proper place or not. Rnytime you survey and find old fence lines you should take these into consideration. Title Companies,when inspecting will question fence lines." There were at least four different survey pins on one corner within a 6 foot range. Everyone offically signs and agrees to the correct boundary and then leaves the correct boundary pin. Blankinship states there was a meeting at that one corner with the other surveyors and an agreement made at that time. The accuracy of Dan Hubbies survey was also contributed to a laser type instrument which very few surveyors have acquired. Hinrichs: "Did you clear things up with the ACHD?" Blankinship: "Yes, we've even got the bond." Spencer: "Are there any boundary disputes?" Blankinship: "No, to the best of our knowledge we're straight." The Motion was made by Sharp and seconded by Spencer that the Commission recommend approval to the City Council of Settlers Village Final Plat be approved as amended provided that the agreements are furnished to the City that proves that the boundaries are legal. Motion Carried: Sharp, yea; Spencer, yea; Mitchell, nay; There being no other business to come before the Commission the P:lotion was made by Spencer and seconded by Mitchell that the meeting be ad,iourned. Motion Carried: All yea. ~' / 1~i1i~ ~- ~! -~(./L fir. GGr.J~ Chairman -Ci Clerk (/ c: Flayor Nampa-Meridian Irrigation Council Ray Sotero Clerk Joe Osier-' Treasurer Settlers Village-' P&Z Hein Attorney Burce Vern Earl J-U-B Fire Chief ~~Ada County Commissioners -ACHD Ada~County Zoning Director APA AIC Central District Health Meridian Planning and Zoning November 10, 1980 Meeting called to order by Chairman Don Sharp at 8:15 p.m. Members present: Annette Hinrichs, Lee Mitchell, Burl Pipkin, Bob Spencer The Motion was made by Mitchell and seconded by Pipkin that the minutes of the previous meetino be approved. Motion Carried: All yea. Don Sharp resigned as Chairman and Annette Hinrichs was unanimously elected Chairperson. Sharp will remain on Commission. Meeting adjourned at 8:25 p.m. rperson c: P&Z Mayor Council Dept. heads Ada County Zoning Director -._ .cis.,..