Talley, Christopher & LillianMERIDIAN CITY COUNCIL AUGUST 15, 1989
The Regular Meeting of the Meridian City Council was called to order by Mayor Grant
Kingsford at 7:30 P.M.:
Members Present: Bob Giesler, Ron Tolsma, Bert Myers, Walt Morrow:
-Others Present: Chris Talley, Don Fisher, Elsie Smith, K. Beumeler, Bill Blair, Moe &
Helen Alidjani, Wayne Skiver, Tim Hepper, Ray Campbell, Ann Peterson, Gary Smith, Bill
Gordon, Earl Ward, Danny Higgs, Jessie Danielson, John Manier, Kurt Shellhorn:
The Motion was made by Giesler and seconded by Toisma to approve the minutes of the
previous meeting held August 1 1989 as written:
Motion Carried: All Yea:
Kingsford: We would like to commend one of our Wastewater Treatment Plant employees,
Danny Higgs would you please come forward.
Myers: Presented Danny Higgs with a Certificate for a Class -I Operator._ We are proud
of you, thank you.
Item #1: DON FISHER: MASONIC LODGE ON PARKING LOT:
Fisher: Fisher introduced Jessie Danielson. We are here to represent the Masonic
Masons of Meridian and our property is at 800 E. 2nd Street. Our reason for being
here is we have a problem with the public parking on our pavement which -is about
14,000 square feet around the temple. Going by our former lease, we can not lease
the property out and we don't have liability insurance for the public to park there.
It is our consideration that maybe you could help us resolve this problem of insurance
and the public use of lot without our having to fence them out. At this time we
are just asking for your consideration. We would like to have an answer by October
31, 1989.
Kingsford: We appreciate you coming in and we also have some concerns about it and
the Council will consider it.
Myers: Is your main concern the liability for parking. I can see what -you are
talking about,_ we will have to look into that to see what the City could do�
Danielson: it -would be real nice to work with you gentlemen. -
Item #2: LYNN BALL. ILLITERACY -RALLY:
Kingsford: This Item was cancelled and will be on a later Agenda.
Item #3: FINDINGS OF FACT ON vARIANCE REQUEST BY CHRIS & LILLIAN TALLEY:
Kingsford: Council Members you have had the Findings of Fact do you have any
questions.
Giesler: The drawings on the back are included with the Findings is that correct.
Attorney: Yes:
MERIDIAN CITY COUNCIL
AUGUST 15, 1989
PAGE #2
The Motion was made by Myers and seconded by Tolsma to approve the Findings of Fact
and Conclusions of Law on the fence variance.
Roll Call Vote: Morrow - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea:
Motion Carried: All Yea:
The Motion vas made by Tolsma and -seconded by Myers to approve the Variance Request
on fence for Talley. -
Motion Carried: All Yea: -
Item #4: PUBLIC HEARING: APPLICATION FOR CONDITIONAL USE PERMIT BY ALIDJANI & BLAIR:
Kingsford: Moe would you please come forward and open this up and then we will open
the Public Hearing. - -
Moe Alidjani, 2023 Turnberry, was sworn by the City Attorney.
Alidjan-i: We have a gentleman -that is interested in using the cafeteria, he wishes
to have a church established there. -
s'olsma: Have you seen ACHD comments and the others.
Alidjani: We didn't have any problem. What the Planning & Zoning said is they will
give us a variance on the part about the curbs & gutters because nobody else
had done anything about it.
Giesler: The concern of mine was the parking. Do you feel that there is adequate parkin(.
for this project.
Alidjani: There is about two acres and about z acre of that is blacktop. Also I would
like to make sure there would be a new system of water, power and also gas for heating
would be installed prior to occupancy.
Morrow: What are the requirements to bring the building to the applicable fire and life
safety building codes.
Kingsford: I will now open the Public Hearing. There was no response so the Public
Hearing is closed.
The -Motion was made by Myers and seconded by Tolsma to approve of the Findings of Fact
and Conclusions of Law on the Conditional Use Permit for'Alidjani & Blair for _church
at the cafeteria at the old school.
Roll Call Vote: Morrow - Yea; Giesler - Yea; Myers -Yea; Tolsma - Yea:
Motion Carried: All Yea:
The Motion was made by Myers and seconded by Tolsma to approve of the Conditional Use
Permit for Alidjani & Blair.
Motion Carried: All Yea:
Item #5: PUBLIC HEARING: FENCE VARIANCE REQUEST BY JOHN & RUTH MANIER:
3EFORE THE CITY COUNCIL -
OF' THE CITY OF MERIDIAN
I
APPLICATION OF CHRISTOPHER AND LILLIAN TALLEY
i
FOR A ,VARIANCE FROM THE FENCE URDlrvtiNCE -
AT MERIDIAN PARR SUBDIVISION i
j FINDINGS Of' FACT AND CONN__LUSION;>
I �
The above entitled variance request having con)r on for
considc:ratiun on August 1, 198-9, aL-approxia,-it,.ly 7:30 o'clock
P.m . on -aid date, at the --Meridian City Hall, --33 East -Idaho
Street, Meridian, -Idaho, the Petitioner appearing in person, ana
jthe City Council having heard and taken oral and written
testimony, the City Council of the City of Ni,__ridiarr tier
i
following:
FINDINGS OF FACT j
1. That notice of the public hearing
published for two consecutive weeks prior the scheduled
hearing for August 1, 1989, the first publication of which was
fifteen (15) days prior to said hearing; that t1),- .natter was duly
considered at the August 1, 1989, -hearing; that, copies of all
notices --were available to newspaper, radio and television
stations.
fi
• 0
2. That the notice of public hearing is required to be j
sent to property owners within 300 feet of the irxternal
i
boundaries of the land being considered pursuant to 11-2-416 E
i
and 11-2-419 D of the Revised and Compiled Ordia►inces of the City
of Meridian; that this requirement has b<en met.
I
3. 'Phut the Applicant is the ownr_�r ;f thy' SLIbject
property.
4. That the property- is zoned R-4 Resider,cial and has beer,
developed in that fashion -and there are singl<_-fainily awellings
located in the subdivision.
5. That_ the Ordinances of the city of Meridian, 11-9-605
J, Fences, limit the maximum height of a fence in a residential
district to six (6) feet; that Section 11-9-605 J. 4. also st"tta
that walls, latticework and screens shall b� -considered vo b�
fences and states that only a 3 foot fence can be construct.t_
within the front building set back area.
6. That the Applicant has requested that it be granted a
variance from the above Zoning Ordinance and allowed to move his
South 6 foot fence from his prop-erty to the edge of the sidewalk
and to along his North property -line to have, beginning 2013"
from -the -sidewalk, a 2_ foot section -of 6 foot high fence, then ac:
816" section angling from 6 feet high to 3 feet high, and then
Iii
,L.
. L1
I i.'rl
R 1 end
from that point to the sidewalk a 3 foot high fence. I
_ - s
7. The property in question is Lot 10, L -lock 6, Meridian
Park Subdivision, Meridian, Idaho, also known by the address
of 2567 N.W. 12th Street, Meridian, Ada County, _dano.
8. Thur_ the City Engineer subnAtted cuome-nes concerning
safety, _the lack of knowledge of where a driveway would be
located on the adjacent vacant lot to the we=lt of Applicant's
property;- and- concerning the -sight_ triangle, wi.ich comaie.nts ars.
-incorporated herein as if set forth in full.
9 . That there have been no continents f ro,n property owners
Isubmitted in_oppusition to the variance.- -
I CONCLUSIONS
1. That all the procedural requirei,,en _s 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 Ordinances.
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
fON
is
0
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, l
ordinances, andpolicies, and of actual con:litions (-:xi.�tinq ,
I
within the City and the State.
- 5. That the following -provision of SIction 11-2-419;
I - i
Variances, of the Zoning Ordinance is noted whici, is pertinent to
i
the Application:-
I
11-2-419 A GENERAL
_ The Council may authorize in
- - specific cases a variance f roin the
_ ter►ns of this Ordinance as will not
-be contrary to the public inter-st
where, owing to special conditions,
a literal enforcement of tike
provisions of this ordinance would
result in unnecessary hardship. rdo
non -conforming use of neighboring
land, structures o'r buildings in
I the same district and no periuitr_=,d
I or non -conforming use of land.,,
structures . or buildings in otno.,r
districts shall be consider !d
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
application does not go to the.
Commission unless directed by the
Council.
6. That the specific requirements regarding
a variance
�I
M
9
that must be evidenced and found by the City Council ar, a
follows:
11-2-19 C FINDINGS
A variance shall not be
granted unless (as a result at a
_public hearing) the Council make: a
statement of supportive reasons
based directly on the-evider ce
presented to it which supporr.s
conclusions that the met,tioned
standards and conditions of this
Ordinance have be(.n met by tie
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, subdivid,.r
or developer because of unusii.jl.
topography, other physic,.!
conditions or other condiuioiis
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 i)e
detrimental to. the public's welfare
or injurious to other property in
the area in which the property is
situated.
_.
k
ON
that must be evidenced and found by the City Council ar, a
follows:
11-2-19 C FINDINGS
A variance shall not be
granted unless (as a result at a
_public hearing) the Council make: a
statement of supportive reasons
based directly on the-evider ce
presented to it which supporr.s
conclusions that the met,tioned
standards and conditions of this
Ordinance have be(.n met by tie
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, subdivid,.r
or developer because of unusii.jl.
topography, other physic,.!
conditions or other condiuioiis
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 i)e
detrimental to. the public's welfare
or injurious to other property in
the area in which the property is
situated.
•
j 4. That such variance will not _ I
have the effect of altaring the -
interest and purpose of this
ordinance and the Keridi.an
i Comprehensive Plan.
I
j 7. That there does not appear to be a benefit of profit,
I
economic gain or convenience to the Applicant.
8. That there are safety -concerns regarding Applicant's
I -
i proposal which support a modification of the proposal if. granted.
9. That regarding Section 11-2-411--1 C it is specifically -
concluded as follows:
a That there are special
i
circumstances or cLnditi.-ons
affecting the property that the -
strict ap-plication- of _the - -
provisions of this Ordinance would-
clearly be unreasonable.
b. That strict coakpliancr, with Lhe
j requirements of this Ordinance
j would result in extraordinary
hardship to the owner.
II
C. That the granting of the
specified variance would not be
j 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.
10. That it is concluded the fence proposal should be
I
ski:_ I
4r -
cm
enJ
.lY
aa.l
nodi f iud and granted as modified, provided tht. Applic..,nC ui ct�
the other Ordinances of the City oc Meridian; t ,e Appl-ic<int, for
safety concerns may, construct the fences .�s shown on the ,
attached drawing and at the heights shown on th` attached -�
i
drawing, which drawing is incorporated herein by this reference.
APPROVAL OF FINDINGS OF H'AC`i AND CONCLUSIONS -
The City Council -of the City of Meridian does hereby adopt
and approves these Findings of Fact and Conclusions.
ROLL CALL:
COUNCILMAN MORROW VOTED
COUNCILMAN GIESLER' VOTED
COUNCILMAN MYERS VOTED
COUNCILMAN TOLSMA VOTi.D
MAYOR K1WGSFORD (TIE BREAKER) VOTED
APPROVED: DISAPPROVED:- -
CUKU- J T W FEN„C E .
TO BE "AAOVED.
---------- PRoPesED 6' ,FENCE ADDITION. s
PROPOSED VARI:! 6 LE HLW% 4 T 1
�
FEMCE - SEE NEXT DW6I.
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LOT /Q, 8LK (V , 'MERI DIA” PARK `��'�rCr>>ng► �1u� �i�'�".. ,,`
RDA CDUAITf'; Z'DA NO
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PROPosEO
VAPCIAB LE NE1614T. FENCE
I"Xio' 00(ar EAR CEDAR FZAICE /1nTL .,
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CURQEW T V FEN, C.E
To BE IZEAAOVED.
---------- PROPes£D 4/ FENCE ADDITION.
_ _ PROPo5ED VARIRgLE HEIGHT
FENCE — *EE NEXT DW6t.
FENCE m ri. = / "x �"-CAM C Eva Rct
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do � � GI1TE '
t� 73 r, 0j1 AXAACE FACX3 HON 3E
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LoT /Q, 8LK , 'MER
GIDIAAJ PARK ulCrNrg► 1
DA oU/VTv' 1'DA HO _ __
PROPOSED
vaF-IaaLE WEIGHT FE SC -E
I"x lo" DOG- EAR CEDAR,
' GuIRRENT 4'
FEAI C E
CORNER
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ll.wl.12TM 51
0
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the
City of Meridian and the laws of the State of Idaho, that the
City Council of the City of Meridian will hold a public hearing
at the Meridian City Hall, 33 East Idaho Street, Meridian,
Idaho, at the hour of 7:30 o'clock p.m., on August 1, 1989, for
the purpose of reviewing and considering the Application of
Christopher and Lillian Talley for a variance at Lot 10, Block
6, Meridian Park Subdivision, Meridian, Idaho. The Applicant
proposes to move his 6 foot fence from his property to the edge
of the street.
A more particular legal description is on file in the
office of the City Clerk of the City of Meridian and is
available upon request.
DATED this/2A da , 1989.
ACK IN EMANN I TY
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 8884461
Jim Johnson
Moe. Alidjani
Jim Shearer
.✓ Charles Rountree
✓ Tim Hepper
.% Grant Kingsford
Ronald Tolsma
,✓ Bert Myers
•� Bob Giesler
Walt Morrow
✓ Bruce Stuart
.� Paul Stutzman
.✓ Fire Dept.
,✓ Police
✓ GG ry Smith, Engineer
Earl Ward
TRANSMITTAL DATE: JULY 10, 1989
HEARING DATE: AUG. 1, 1989 - CITY COUNCIL:
City Attorney
Meridian School District
/ Meridian Post Office (Prelim. & Final Plat Only)
'Ada County Highway Dist. ATTN: SUB. REVIEW OFFICE
Ada Planning Association
Central District Health Dept.
Nampa -Meridian Irrigation Dist.
Settlers Irrigation Dist.
Idaho Power Co. (Prelim. & Final Plat Only)
Mountain Bell (Prelim. & Final Plat Only)
Intermountain Gas (Prelim. & Final Plat Only)
NOTE:
To insure that your comments & recommendations will be
considered by the City Council, may we have your answer -
by ASAP .
MERIDIAN CITY COUNCIL 33 East Idaho
Meridian, ID.
REQUEST: FENCE VARIANCE
FOR: CHRISTOPHER & LILLIAN TALLEY
which, if approved, could allow:
VARIANCE FROM 6' FENCE REQUIREMENT
The Property is located:
2567 N.W. 12TH ST., MERIDIAN, ID.
140
Any comments or recommendations about
this request will be presented to the
City Council.
COMMENTS AND RECOMMENDATIONS:
DATE
ADD ADDITIONAL SHEETS AS NECESSARY.
0
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the
City of Meridian and the laws of the State of Idaho, that the
City Council of the City of Meridian will hold a public hearing
at the Meridian City Hall, 33 East Idaho Street, Meridian,
Idaho, at the hour of 7:30 o'clock p.m., on August 1, 1989, for
the purpose of reviewing and considering the Application of
Christopher and Lillian Talley for a variance at Lot 10, Block
6, Meridian Park Subdivision, Meridian, Idaho. The Applicant
proposes to move his 6 foot fence from his property to the edge
of the street.
A more particular legal description is on file in the
office of the City Clerk of the City of Meridian and is
available upon request.
DATED this,/62!�� day , 1989.
ACK REWNS,
AMBROSE.
r-ITZGEHALD
�ROOKSTON
Allorneys and
v O. Br,, 427
ai:01a:,, Idaho
83w.2
�Hwn. 6681461
CLERK
o --
CITY OF MERIDIAN
(0 - IAIAI��
728 Meridian St. Meridian, ID 83642
VARIANCE APPLICATION
(RE: Meridian Zoning Ordinance
NAME : N a L.-/cG�t3ti/ ti, PHONE _ & //" `E
W OR -K -
Owner or holder of 44alid option 3-Z3--3447 (uz
Ch2�S
ADDRESS:
GENERAL LOCATION: IL-p-lfl1/4� ���� - �w�' a" sV
LEGAL DESCRIPTION OF PROPERTY: ,L®% ID ������ Inc -?,1 D le -
,4Z).4 OM AJ7-))2l>A)L/
/PROOF OF OWNERSHIP OR VALID_OPTION:
V agreement must be attached.
PRESENT ZONE CLASSIFICATIONL_�
A copy of your property deed or option
VICINITY SKETCH: A vicinity map at a scale approved by the Mayor showing
property lines, streets existing 1and
propos q�d zoning and such other items
as the Mayor may require.
SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses
within contiguous to, directly across the street from, and within a 300'
radius of the parcel (s) proposed for a Variance must be attached.
(This information is available from the County Assessor.)
DESCRIPTION OF PROPOSED VARIANCE: 1 AJ CeE-,0-SE AX -EA 1A-1 %f14
ACK iAv 1 do )q Ly rEn1GC O W 7
A."Pjz> G (.�� iJ lil, A' rPE E N D C�F� %N�( 1� r°u5 6,
Date Received
Received By
SIGNATURE:
CITY CQUNCIL RECORDS
City Council Hearing Date
REQUIREMENTS: VARIANCE
0
Attach a site plan showing all details of the proposed
development, Complete the following questions and return
with the application.
1. What is intended to be done on or with the property?
T.NE *ee,- i or o u� 1314-Gto
lv t W/64 7-0�/ee���
G?o lurA} AlEb v -3/r/ -//A/ Til f> u P Tt/ Jnr d
f-Jcn.4 sem. .
2. What special conditions and circumstances exist which
are peculiar to the land, structure, or building involved and
which are not applicable to other lands. structures, or buildings
in the same district? We- H)qVj� ♦4 GUR.,%Jt:, 4v f--
3. Why will a literal interpretation of the provisions of
this ordinance deprive you of rights commonly enjoyed by other
properties in the same district under the terms of this ordinance?
WornE s /AJ This U,9 D1 v/5 16,-1 /r -XI
OQK-A.ii(L &o7--1- 1�/'�1�� 7-P6 r -'AJC- la/4Gle-
VI+r-0 ouT 7-C (0A s
4. What special conditions or circumstances exist that were
not a result of your actions?
5. Why will the granting of this Variance not confer on you
any special privilege that is denied by this Ordinance to other
lands, structures, or building in the same district?
•--
APPLICATION AND STANDARDS FOR VARIANCES
A variance from the terms of this Ordinance shall not be granted by
the Council unless and until a written application for a variance is
submitted to the Administrator and the Council containing, where
applicable. (Application available from Administrator.):
1. Address of subject property; 1�
2. Name, address and phone number of applicant;V /
3. Name, address and phone number of owners of subject property;"
4. Proof of ownership or valid option on the property or a contract
interest therein with consent of the titled owner;
5. Legal description of subject property;
6. Present use of subject property; 1/
7. What is intended to be done on or with the property; V
ZZ
8. The district that pertains to the subject property;U
a
9. Vicinity map at a scale approved by the Council showing property v/
lines, existing streets, proposed district and such other items
as may be required;
10. Schematic building plans which indicate typical elevation and
floor plan of any proposed construction;
11. A list of the mailing addresses of all property owners (from
authentic tax records of Ada County) within three hundred (300)
feet of the external boun arses a land being considered
and a listing of the mailing addresses of all property owners
within the area of the land being considered;
2. Characteristics of subject property which/ prevent compliance
with the requirements of this Ordinance;v/
3. Minimum requirements ofttyrs Ordinance that need to be reduced
to permit proposed use; 1/
4. Difficulty or hardship which would result if reguirements of
this Ordinance were applied to subject property;
5. Unusual or peculiar circumstances which indicate that regulations
of this Ordinance should not be strictly complied with; ✓
6. Statement that special conditions and circumstances exist which
are peculiar to the land, structure or buildings involved and
which are not applicable to other lands, structures or buildings
in the same district;
17. Statement that a literal interpretation of the provisions of
this Ordinance shall deprive the applicant of rights commonly
enjoyed by other properties in the same district under terms of
this Ordinance;
18. Statement that special conditions or circumstances exist that
were not a result of the applicant's action; Co h �
19. Statement that granting the variance requested shall not confer
on the applicant any special privilege that is denied by this
Ordinance to other lands, structureq or buildings in the same ��
dist r is t ; �/1S (Itti. S ��.4j -�l �v� -A ip,Q�L iy _ ff �&
20. Relationship of the proposed variance t6 the Meridian Comprehen-
sive Plan;
21. A fee established by the Council;
22, A statement from the titled owner that he grants a lien to the
City to secure the payment of all costs of the City incurred in
processing the Variance application including engineering,
publication, and attorneys costs and fees.
to F'Jl� I
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CURQEM T V FENCE.
TO BE PEkkOVED,
------- - PRoPos£D C FENCE RUNTION,
_ — PROPOSED VARIR13LE HEIC HT
FENCE — 5EE NEXT DW 6,,
FEnlcC Ir 7'L- = / "x &"006 -EAR, CEDA. 2
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B U Y E R (S) C L O S I N G S T A T E M E N T
-------------------------------------------------------------------------
Prepared by
Stewart Title of Idaho
6933 Emerald Street, Suite 103
Boise, Idaho 83704
(208) 378-1666
Seller(s): .... R & M HOMES, INC.
Buyer(s): ..... CHRISTOPHER L. TALLEY AND LILLIAN A. TALLEY
Lender: ....... HOME FEDERAL SAVINGS & LOAN ASSOCIATION
Property: ..... 2567 12TH STREET MERIDIAN, IDAHO 83642
Closing date: 8-04-88 Proration date: 8-05-88
File Number: .. 88015976
--------------------------------------------------------1`-1%--�----
,�, a
SALESPRICE ................................... C1�157,82,5.00
PLUS CHARGES:
/J
LOAN ORIGINATION FEE
1.0000%
................-}`-'
PAYEE: HOME
FEDERAL
SAVINGS &
LOAN
A
UU
APPRAISALFEE
....................... ..... A)
,
PAYEE: HOME
FEDERAL
SAVINGS &
LOAN
A
CREDITREPORT
...........................�...
PAYEE: HOME
FEDERAL
SAVINGS &
LOAN
A
FHAINSURANCE
PREMIUM
.........................
PAYEE: HOME
FEDERAL
SAVINGS &
LOAN
A
INTEREST 08-01-88 TO 08-05-88 @$ -15.7800 .....
PAYEE: HOME FEDERAL SAVINGS & LOAN A
HAZARD INSURANCE PREMIUM 1 YRS ...............
PAYEE: FARMERS INSURANCE GROUP
HAZARD INSURANCE RESERVE 2 MOS. @ $11.33 ......
PAYEE: HOME FEDERAL SAVINGS & LOAN A
COUNTY PROP. TAXES RESERVE 2 MOS. @ $48.33+.I, 3
PAYEE: HOME FEDERAL SAVINGS & LOAN A
SETTLEMENT OR CLOSING FEE .....................
PAYEE: STEWART TITLE OF IDAHO, INC. n `'
528.50
175.00 --'
48.00
21008.30 90
63.12)
019
136.00 N O
22.66 X1�
99.12
102.00
�136.35�
0 •
MERIDIAN CITY COUNCIL
AUGUST 1, 1989
PAGE #3
Morrow: What about users fees or users taxes?
Hallett: Right now you couldn't have a users fee for parents whos kids attend school
it would be unconstitutional to do that. - There are some approachs that could get at
that. THERE WAS FURTHER COMMENT. (TAPE ON FILE).
Kingsford: Nick if you would maybe to clarify Walt's point maybe give an example of
the per pupil expenditure_ differential that we are talking about.
Hallett: In Idaho we average about $2800.00, our per pupil expenditure last year was
about $1880.00, Nationally the per pupil expenditure is $3900.00. We are the lowest
1% of all school districts in the United States. THERE WAS FURTHER COMMENT (TAPE ON FILE)
Kingsford: Nick, I appreciate you coming and sharing that with us.
ITEM #3: PUBLIC HEARING: VARIANCE REQUEST BY CHRISTOPHER & LILLIAN TALLEY ON FENCE:
Kingsford: At this time I will open the Public Hearing, is there anyone who wishes to
testify on this issue? Would you come forward state your name and be sworn.-
Chris
worn:Chris Talley/ -2567 N.W. 12th, was sworn by City Attorney.
Talley:- Last week -I received in- the mail a note by the City Engineer Gary Smith with
two exceptions to the way I proposed my fence to be put up. Because of safety they suggested
that I bring my fence back 8' from the sidewalk on the south end, on the south face along
Darrah Drive. I would like to ask that I be permitted 4 or 5' from the sidewalk, standing
out on the street corner before a car would enter Darrah Drive you'd be able to see the
next intersection all the way down the street, so I don't think it would be a safety
hazard. The next note was on the north end where I wanted to put a variable height fence
in and the note suggested that the slope start at the existing fence and reach 3' heigth
7 to 8' from that point, my only question on that was how the proposed height and the
way I had it drawn in the drawing that I submitted did not meet City code.
Giesler: Is it in our Ordinance that the 3' is ok.
Talley: On the south side toward Darrah Drive if I'm not allowed the 5 feet, then I
would like to move the fence east an additional 5 feet foward the front of the house,
that's given if I have 8 feet from the sidewalk.
Giesler,- You'd also want to move it that amount of feet farther forward -at the left
sidewalk side also or are -you going to angle it up to the home?
Talley: It would still come off perpendicular to the house.
Morrow: I'd -like to hear Gary's comments.
City Engineer: My concern #1 was the sight distance but also there is a vacant lot on
the west side of the Talley's plat and there is no indication right now as to what that
driveway configuration might be or where it might be. We had a similar situation in
the Sunnybrook Subdivision and we did have a driveway problem with a fence that was going
up so that's the reason I held the 8 feet as a criteria.
•
MERIDIAN CITY COUNCIL
AUGUST 1, 1989
PAGE #4
•
I don't know that I'd have a problem with moving that fence up another 5' towards
12th, is that what you said.
Talley: Yes.
Engineer: As long as the Chief doesn't have a problem with that.
Chief Gordon: I don't know that that would create a problem: However I do have a
problem with moving it out closer to the sidewalk. -
Giesler: I feel that if we move that forward we still need to continue that angle.
Tolsma: So what we are doing then is tapering the fencefroma 6 feet to a 3 foot height.
Giesler: That would pretty well make the lot behind him there to the west, that would
almost require the driveway to come out on the west side of that property line wouldn't
it?Is there anything we could put on that lot saying that that driveway would have to
be on that other side.
Kingsford: There would have to be -a deed restriction, and it has already been recorded
so I don't -think that you could specify at -this point. _
- Morrow: The only -thing you -could do with that corner is put a slope on it like_ the slope
over at the other corner that would help some.
Kingsford: Is there any other comments from the Council? Which with regard to that
issue would be the best for sight, Gary?
Engineer: I would rather stay with the 8 feet.
THERE WAS FURTHER DISCUSSION (TAPE ON FILE)
Kingsford: Is there anyone else from the public who would like to offer testimony on
this issue, if there is not then I will close the Public Hearing.
Tolsma: If we were to draw up findings that the fence fronting Darrah Street will be
8' from the sidewalk but he will extend the fence 5' further east along the house with
the same corner cutback and on the north end the fence will run 6' high two foot beyond
the front corner of the -house and then taper down to the three feet at a forty five degree
angle or a twenty five degree angle.
Giesler: If that driveway could be within 5 feet of that property line then I think
we should have an angle on that fence. On the southwest -corner.
Tolsma made a motion and Morrow seconded it to have the City Attorney draw up the Findings
of Fact and Conclusions of Law with the forementioned recommendations.
Motion Carried: All Yea:
ITEM #4: PRE -TERMINATION HEARING: WATER/SEWER/TRASH DELINQUENCIES:
Mayor Kingsford: This is to inform you in writing, if you choose to, you have the right
to a pre -termination hearing at 7:30 P.M. August 1, 1989 before the Mayor and City Council,
to appear in person to be judged on facts and defend the claim made by the City that
ADA COUPAY HICHWAV*DISTRICT
318 EAST 37TH STREET
BOISE, IDAHO 83714
•
Inter -Department
Correspondence
To: Ada County Highway District Commission
Date: July 21, 1989
From: Development Services
Subject: MERIDIAN VARIANCE - 2567 NW 12TH FENCE
FACTS & FINDINGS:
1. Christopher & Lilian Talley request a variance to allow them to
construct fencing out to the back of sidewalk.
2. NW 12th Street has 50 -feet of right-of-way (which is adequate), and
is fully improved.
• 3. W. Darrah Street has 50 -feet of right-of-way (which is adequate), and
is fully improved.
0
REQUIREMENTS:
1. Locate the fences out of the public right-of-way and out of the clear
vision sight triangle at all intersections and driveways.
POLICY IMPLICATIONS:
1. Requirements are made to Meridian City as condition for compliance.
SIGNATURE OF STAFF SUBMITTING:
John R. Stolley, P.E.
"^ERIDIAN. V/ZTR
OFFICIALS
JACK NIEMANN, City Clerk
JANICE GASS, Treasurer
BRUCE D. STUART, Water Works Supt.
WAYNE G. CROOKSTON, JR., Attorney
EARL WARD, Waste Water Supt.
KENNY BOWERS, Fire Chief
ROY PORTER, Police Chief
GARY SMITH, City Engineer
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone 888-4433
GRANT P. KINGSFORD
Mayor
July 28, 1989
COUNCILMEN
RONALD R. TOLSMA
J. E. BERT MYERS
ROBERT GIESLER
WALT MORROW
Chairman Zoning & Planning
JIM JOHNSON
Christopher & Lillian Talley
2567 N.W. 12th st.
Meridian, Idaho 83642
RE: Fence Variance
Attached for -your review are the comments & recommendations
on the request you --have submitted for a variance from the
City Ordinance on fences.
This item will be on the City Council Agenda for August
1, 1989, you should be in attendance.
Sincerely,
pc: File
•
FENCE VARIANCE
CHISTOPHER & LILLIAN TALLEY
2567 N.W. 12TH ST
MERIDIAN PARK SUBDIVISION
C O M M E N T S
1: CITY ENGINEER: SEE ATTAHCED COMMENTS
2: POLICE CHIEF: COULD CREATE A SAFETY HAZARD AS IT IS PROPOSED:
Jim Johnson
Moe Alidjani
Jim Shearer
Charles Rountree
Tim Hepper
Grant Kingsford
Ronald Tolsma
TRANSMITTAL DATE: JULY 10, 1989
HEARING DATE: AUG. 1, 1989 - CITY COUNCIL:
f• A � Al) - FE-»cAF : l ouLo »or ,at &,xren n&n
F�' t11NN 7_0-t k0 u &5 5 0 u rT 4 7D —/h�g S I VEWAtlx_
A+L01''o agpxfaN De. -Mrz
MERIDIAN CITY COUNCIL 33 East Idaho
Meridian, ID.
REQUEST: FENCE VARIANCE
FOR: CHRISTOPHER & LILLIAN TALLEY
NAME
which, if approved, could allow:
VARIANCE FROM Al FENCE REQUIRW"M"
Bert Myers u v i/W S/ 6,4 T
Bob Giesler ���T,9v/cC- .0 ry 71t-1 k/ESS ROIL A SOGiTjt 4dw^0 The Property is located:
Walt Morrow 41 C LE o n N, w, 12 Ty 4r, 0 � ?D/Zo v / bE
p 2567 N.W. 12TH ST., MERIDIAN, ID.
Bruce Stuart Sl EliT D/,T r*11 CE /,0 rt. vr7y-r CC.6 9 car
Paul Stutzman A 02 r vE wee V B U / L T Oh 771-E VA -e q -NT Lo r
Fire Dept. 7 E li/EST dF 7 l/s 4?,VLl cAv1TS #perE%1e Any comments or recamnendations about
Police this request will be presented to the
F�Y10E skfoUL n 8E #057O 8 FEST 8~ j32,ory City Council.
Gary Smith, Engineer 74S AGN: OF Sioit-7w.9LK .
Earl Ward COMMENTS AND RECOMMENDATIONS:City Attorney �• � %1/Lo�7�ZTl� L/n FYI CE Ati #"7 ik'E DATE
Meridian School District NO2TM 6oUN d A -x y x4v utv ,(SE JIn TRE 7D/
Meridian Post Office (Prelim. & Final Plat Only) St-opE (j? • 4_-* &-AlJrin9 SCS ~ 9&,4CH 7PE; ,4hvn7—
Ada County Highway Dist. ATTN: SUB. REVIEW OFFICE #�G HT 7 �v S 44,,- Wm pmr lop mn
Ada Planning Association
Central District Health Dept.
Nampa -Meridian Irrigation Dist.
Settlers Irrigation Dist.
Idaho Power Co. (Prelim. & Final Plat Only)
Mountain Bell (Prelim.& Final Plat Only)
Intermountain Gas (Prelim. & Final Plat Only)
NOTE:
To insure that your comments & recommendations will be
considered by the City Council, may we have your answer-
by
nswerby ASAP
Au7 4_14�
ai'F 641L. �'�
ADD ADDITIONAL SHEETS AS NECESSARY.
Jim Johnson
Moe Alidjani
Jim Shearer
Charles Rountree
Tim Hepper
Grant Kingsford
Ronald Tolsma
TRANSMITTAL DATE: JULY 10, 1989
HEARING DATE: AUG. 1, 1989 - CITY COUNCIL:
Bert Myers
Bob Giesler
Walt Morrow
Bruce Stuart
Paul Stutzman
Fire Dept.
Police
Gary Smith, Engineer
Earl Ward
City Attorney
Meridian School District
Meridian Post Office (Prelim. & Final Plat Only)
Ada County Highway Dist. ATTN: SUB. REVIEW OFFICE
Ada Planning Association
Central District Health Dept.
Nampa -Meridian Irrigation Dist.
Settlers Irrigation Dist.
Idaho Power Co. (Prelim. & Final Plat Only)
Mountain Bell (Prelim. & Final Plat Only)
Intermountain Gas (Prelim. & Final Plat Only)
NOTE:
To insure that your comments & recommendations will be
considered by the City Council, may we have your answer
by ASAP .
MERIDIAN CITY COUNCIL 33 East Idaho
Meridian, ID_,
REQUEST: FENCE VARIANCE
FOR: CHRISTOPHER & LILLIAN TALLEY
NAME
which, if approved, could allow:
VARIANCE FROM 6' FENCE REQUIREMENT
The Property is located:
2567 N.W. 12TH ST., MERIDIAN, ID.
Any comments or recommendations about
this request will be presented to the
City Council.
COMME AND RECOMMENDATIONS:
DATE D -
At�-P
n
ADD ADDITIONAL SHEETS AS NECESSARY.
Jim Johnson TRANSMITTAL DATE: JULY 10, 1989
Moe Alidjani
Jim Shearer
Charles Rountree HEARING DATE: AUG. 1, 1989 - CITY COUNCIL:
Tim Hepper
Grant Kingsford
Ronald Tolsma
Bert Myers
Bob Giesler
Walt Morrow
Bruce Stuart
Paul Stutzman
Fire Dept.
Police
Gary Smith, Engineer
Earl Ward
City Attorney
Meridian School District
Meridian Post Office (Prelim. & Final Plat Only)
Ada County Highway Dist. ATTN: SUB. REVIEW OFFICE
Ada Planning Association
Central District Health Dept.
Nampa -Meridian Irrigation Dist.
Settlers Irrigation Dist.
Idaho Power Co. (Prelim. & Final Plat Only)
Mountain Bell (Prelim. & Final Plat Only)
Intermountain Gas (Prelim. & Final Plat Only)
NOTE:
To insure that your comments & recommendations will be
considered by the City Council, may we have your answer
by ASAP .
MERIDIAN CITY COUNCIL 33 East Idaho
Meridian, ID.
REQUEST: FENCE VARIANCE
FOR: CHRISTOPHER & LILLIAN TALLEY
NAME
which, if approved, could allow:
VARIANCE FROM 6' FENCE REQUIREMENT
The Property is located:
2567 N.W. 12TH ST., MERIDIAN, ID.
Any continents or recommendations about
this request will be presented to the
City Council.
COMMENTS AND RECOMMENDATIONS:
DATE 07-12-89
Sewer Department: Does Not affect Sewer Department. nk-�
ADD ADDITIONAL SHEETS AS NECESSARY.
i
CURPEN T (o' FgN C E . __
TO BE F-EMOVED.
---------- PROPos£D 1' FEIN CE ADDITION,
_ — pROPo5ED VARi Ci LE HEIGHT
FENCE - 5EE NEXT Dvu6,. /
LKPD
2`67 N.IN. /2 r�,ST, M.E/ZjD�R/V, Z'DANQ