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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. "-CAM C EDA RVo • � o ay1'dip � R CP ti u� t Mti • . l I F&OC- I k� a aft 1 tGATE �i �3� OF�MLE Fi1GE>, a iE �. • , f6riets M� 00 'JVI 40 ZS`7 /1I,N/ /2 T~ ST,; AA EiQ w"If RAND ' LOT /Q, 8LK (V , 'MERI DIA” PARK `��'�rCr>>ng► �1u� �i�'�".. ,,` RDA CDUAITf'; Z'DA NO 0 PROPosEO VAPCIAB LE NE1614T. FENCE I"Xio' 00(ar EAR CEDAR FZAICE /1nTL ., lug 2�y1 I � -- 2=0•, 4 G1�lRRE1�CT �i' i F"CF. • ColtN EQ ZO-O AW. 12V. i 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 ?, -o •= 1 � s •,Gt i G k 11 ,. Ci �E w IEG�ioltS j I ' do � � GI1TE ' t� 73 r, 0j1 AXAACE FACX3 HON 3E CnAAJA 2547 AjU//2T"ST MER/D/f�l 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 1 . ,A 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 �pe��vu�� IMS 4, T(P.�gRo+oE ALL SIDES -SSPE Mlvl. 15 KII11.1-14 )O'-O"OIc HOUSE TW.'W MKI. ZOVO Tn F%OP, L.I1..IE5 AS SNow11 . 9i $. 1RrjLgp►Tldo4 WTR. kOrPROV106a PER ID1440 ' - CooC , Sec r. 31- 3806. 1. ALL scra-4c/C5 T cOMAL ;O L ns Cob. ALG. OXTAILS SNgLL BE 'vkRll=IBD "'/Cc�RRE4r Xo.J,44 R60S W'7b ®w EJeir•/6n NY-,r4o4 PcgT M�►P oN M4-6 `^1C)7Y1CouNTr AS REq'O. I A/ SFWC7-off PR/oje 7VSi eJ iJfCn04./ • �iILL/AM5 AiJD 55 2, W'TR • {i SercIEIL B'r CIT`I' ole voCo►t.. KITR. C,o. gO1SE , 1OA►•I 383-'i 14 3. ALL LIT1unEs-M $E yw,4P RLRO"4c> - � 30 � NI I �• aw, M1N. � � 0 - M N -•I • M I 0 M i � 15� . c.ol—I �- 1••-11st� go 14t) WIt�- �✓Lo �1 1'111-J. -I'p � iz�-tsr F -'I I t�-I • I % I MA.�c U•190 50 -� *3. 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 P NEI"goR5 FeNc.E 2-S467 /11,bE/. !2 rH ST, NLEFIU/AAJ, X DA"D LDi /O, 8LK , IL4E-R/D/AAJ PARK 1 CAA = 5 ft ADA COUNTY, XDA HD 2 rnm = ! f t If,\ GATE ;Z-714 Es 14610.3c P2OPOs E D VAgIRB LE 14EIGHT FENCE 1"X&," DOG, Eat CEDAR- FEAlCE mTL. CE 0ORN E2 2 5 r--#, N.vJ, ► aY" ST I I .. 21 .3 S E I L N so 4 5 6 7 6 9 10 a LOWRY ST. at ' S B I I I 4 5 = I I I I O 6 3 4 5 a 2 3 4 3 5 LAIRE STREET 4 1 23 I 2 3- 4 5 6 2 7 1 3 58 4 _4 6 24 23 20 Ig 18 17 4 6 9 5 22 _ 17 16 'S ~ 7 - 6 10 W 7 21 16 15 6 6 W 8 9 , 10'4y 15 _ n = 14 7 F- ' 14 12 2 311 1 j 13 8 13 12 13 3 7 14 V 11 N 4 13 6 � 3 4 - 5 abo ' 6 _ ori 36�' I. i 1 1 2- 3 4 5 6 7 B 9 E'j 10 II 12 13. 14 15 16 ;118 - CHATEAU AVENUE. 1 2 3 a a( N 12 13 7 , a CHATEAI 6 6 7 cur) 6 7 6 7 e 9 10 11 A D �/ = 5 5 6 = 36 37 38 3s 40 5 I 5 6 5 8 E 17 I IS 14 CO w I — 19 18 10 Q 35 34 33 32 31_L3012 4 4 3 9 Cf) 4 4 9 ( 4 5 DRI %= 11 FAIRWOOD CT. 3 10 3 3 10 3 3 20 S B ; 4 � 3 I = IP — 1 1pm� �. 2 I I I-- 2 3 10 8 5 \ 3 Fie 18 21 22 P3 i P 0 cc6 13 ,` I 12 I 12 2 I 22. < 9 7 -2 14 17, 16 18 14-13 I rA..A nD1Wr o �C� w_ 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