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1991 04-09 A G E N D A MERIDIAN PLANNING & ZONING APRIL 9, 1991 I ITEM: MINUTES OF THE PREVIOUS MEETING HELD MARCH 12, 1991: (APPROVED) 1: FINDINGS OF FACT & CONCLUSIONS OF LAW ON REQUEST FOR CONDITIONAL USE PERMIT BY LARY CORDINGLY: (APPROVED) 2: PUBLIC HEARING: REZONE REQUEST BY FREDIC SHOEMAKER, LOTS 1-7, BLK 3, LEISMAN ADDITION: (FINDINGS ~ BE PREPARED) 3: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR FAMILY LIFE CENTER BY MERIDIAN UNITED METHODIST CHURCH: (FINDINGS TO BE PREPARED) MERIDIAN PLANNING & ZONING APRIL 9, 1991 The Regular Meeting of the Meridian Planning & Zoning Commission was called to order by Chairman Jim Johnson at 7:30 p.m.: Members Present: Moe Alidjani, Charlie Rountree, Tim Hepper, Jim Shearer: Others Present: Jan Reed, Ralph Lawrence, Diana Engmark, Phyllis Musgrove, Wayne Crookston, John Lowe, MINUTES OF THE PREVIOUS MEETING HELD MARCH 12, 1991: The Motion was made by Rountree and seconded by Shearer to approve the Minutes of the previous meeting held March 12, 1991 as written: Motion Carried: All Yea: ITEM #1: FINDINGS OF FACT & CONCLUSIONS OF LAW ON REQUEST FOR CONDITIONAL USE PERMIT BY LARY CORDINGLY: Johnson: These are new Findings of Fact that reflect the testimony received at the last Planning & Zoning meeting. The Motion was made by Rountree and seconded by Hepper that the Meridian Planning & Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. Roll Call Vote: Hepper - Yea: Alidjani - Abstain; Rountree - Yea; Shearer - Yea; Motion Carried: 3 - Yea; 1 - Abstain: The Motion was made by Rountree and seconded by Shearer that the Meridian Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that the Council approve the proposed use as an accessory use on the property described in the application subject to the conditions stated herein. Motion Carried: All Yea: ITEM#2: PUBLIC HEARING: REZONE REQUEST BY FREDIC SHOEMAKER, LOTS 1-7, BLK 3, LEISMAN ADDITION: Crookston: I will be stepping down because my office is within 300 ft. so I have a conflict of interest. Johnson: Jack Riddlemoser will step in for Crookston. I will now open the Public Hearing. John Lowe, 1816 Incline, was sworn by the attorney. Lowe: I have a contract to purchase these lots in Leishman Addition. Originally these lots were zoned in 1978 for residential. Then in 1981 it was rezoned from Residential to Office Use. What we are asking essentially is to go back to the original zoning. I am trying to rezone lots 1-5 on Block 3 for duplexes. I have a letter from two adjacent owners, owners of lots 2-6 in Block 1 and Lot 6-7 on Block 3 where they have no opposition to this request. PLANNING & ZONING APRIL 9, 1991 PAGE #2 Alidjani: I have a question regarding the owners of Block 2, do they have any input. Lowe: Yes I received some negative response. Rountree: Do you have a concept of how you are going to put duplexes on these lots? Lowe: Yes. Explained to Commission how the unit would sit on the lot. Units facing each other. Rountree: You mentioned affordable, what rental rates are we looking at? Lowe: $450.00 for a two bedroom unit. Rountree: Will you be maintaining ownership? Lowe: Yes, 2 am the builder and owner. Rountree: Will you be responsible for the maintenance and landscaping? Lowe: Yes I will. Rountree: What do you propose for parking? Lowe: We have four parking places for each duplex, two covered and two open. Rountree: What do you propose for landscaping? Lowe: Grass and shrubs with an automatic sprinkler system. Hepper: You stated that in the restrictive covenants it said that if the majority of the property owners agreed you can change that, is that a simple majority? Lowe: Yes. Hepper: Do you see any potential conflict with rental units and kids being so close to a commercial area? Lowe: Well not really. Riddlemoser: Do you have copies of the covenants with you? Lowe: Yes. It was zoned for duplexes. Discussion on lot sizes. (TAPE ON FILE) Wayne Crookston, 2125 Turnberry, was sworn by the attorney. Crookston: Gave brief history on subdivision. Originally it was a five acre tract at one time. Ny partner and I bought an interest in Block 2 and Block 3. Office buildings were built on Block 1, then we built our office building on Block 2 and Lot 3 has been vacant. The first three buildings that were built on the property were build under a Conditional Use Permit and then when we bought our building we decided to have the whole, all the lots rezoned from Residential to Limited Office. PLANNING & ZONING APRIL 9, 1991 PAGE #3 The technical ownership of Blk 2 is in that corporation (FALCO) of which I am an officer and Mr. Fitzgerald is an officer. Atwood and Leishman are no longer owners. They sold their interest in Block 1, they no longer own those properties or have an interest in them. The purpose in rezoning it to Limited Offices was to have offices that why we built out there. In fairness to Mr. Lowe the property has been for sale for sometime on the lots that he is talking about. The reason that we object to the rezone, we already have trespassing on our property, kids from the High School come over to smoke, if there will be kids it will impact our property. I don't know who signed the consent on Lot 2-6 Block 1. Johnson: Signed by George Coveck. Crookston: The other objection we have is that there are Commercial Ventures planned on the other side of Pine Street. We think it is in line to keep that area in line as commercial area. We just think that it should be left commercial. Alidjani: Asked Crookston about the map. Crookston: Yes. Hepper: Which lots did you say are presently in forclosure? Crookston: It is my understanding that lot 2-6, Block 1. Johnson: What is your source of information for that Mr. Crookston? Crookston: My partner is handling the forclosure. Johnson: You've discussed this with Mr. Fitzgerald? Crookston: I have. Riddlemoser: Is that your basis for your challenging whether or not a majority of the lot holders have consented? Crookston: No its not, because I don't know whether or not everybody has consented. The covenants also state that they are to be used for commercial lots only not residential. The real objections are the impact it will bring to our building, and that much of the area is already zoned commercial or industrial. Jim Reed, 2952 N. Mountain Road, Boise, was sworn by the attorney. Reed: I used to be the manager of the Meridian Branch of Farmers and Merchants Bank and at that time I saw a tremendous need for rental units. I don't feel personally that it's a consideration for the lender to consent to these changes. I am in favor of the rezoning because I think Meridian needs those units. MERIDIAN PLANNING & ZONING APRIL 9, 1991 PAGE #4 Alidjani: Did I hear you say you have an interest or some kind of partnership with John? Reed; Yes I will have. Johnson: Anyone else to come forward and testify? Diana Engmark, 3728 Harbor Point Drive, was sworn by the attorney. ~. Engmark: I've been a re@lator in Meridian for six and a half years. There is not a day that goes by that we don't have people calling for rental units. There is a tremendous need for them in Meridian. Johnson: Anyone else to testify? Dean O'Bray~ 48 S. Blackcat Rd.~ Kuna, was sworn by the attorney. O'Bray: I'm the owner of O'Bray And Company, a Real Estate office in Kuna. I have no interest in these to be duplexes but I will share with you some knowledge n'that I have. There is a very di_finite need. Your fortunate to be in a growth pattern that this can happen. Johnson: Anyone else? Beth Biddick, 788 NW 15th, was sworn by the attorney. Biddick: I live accross the street from this area and I agree with Mr. Crookston. I see no reason that the residential can be put someplace else. Johnson: Anyone else? Mr. Lowe we have some additional questions, could you please come forward. Riddlemoser: You say you are the owners of these lots? Lowe: No, I have a contract to purchase the lots. My contract is subject to it being rezoned. Riddlemoser: I'd like a copy of the latest covenants. Lowe: It is my understanding that there is a new owner on line. I feel that there is a need for rental units, it would be close to schools and I can't see any impact on Mr. Crookston's property. Johnson: In the design could you see anything that might help alleviate that first objection of Mr. Crookston's, which is the additional children around the building. Lowe: I can't fence them in. There is a privacy yard in the back of each one of these. Johnson: Anyone else to testify, hearing no response I will close the Public Hearing. Rountree: Aside from needing more rental units in Meridian, it seems to me that this PLANNING & ZONING ARPIL 9, 1991 PAGE #5 is a place and opportunity to maintain that type of activity in an already zoned established commercial area. I don't see any advantage. of changing it to a higher density residential as opposed to other than the immediate five residential duplex units. Hepper: Is lots 6 & 7, Block 3, are they to remain commercial? Discussion. (TAPE OF FILE) The Motion was made by Shearer and seconded by Rountree to have the attorney prepare the Findings of Fact and Conclusions of Law. Motion Carried: All Yea: Johnson: Is there a recommendation that you would like to make to the City Council. No recommendation made. ITEM #3: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR FAMILY LIFE CENTER BY MERIDIAN UNITED METHODIST CHURCH: Johnson: At this time I will open the Public Hearing, is there anyone to testify. We have a change in Counsel. Crookston is in place and Riddlemoser is stepping down. Bob Maxie, 373 O'Cory Way, Boise, was sworn by the attorney. Maxie: I am one of the arch_~.tects involved in planning the Family Life Center. What we would like to build on that vacant piece of church owned property to the north of the existing building is an approximately 8,400 sq. feet of basically the family life center consists of a multi purpose room serving many needs of the church, an activity center, a dance area, a basketball court, church social functions, dinners this kind of thing. Surrounding that with classrooms that would serve as overflow Sunday school classrooms, they would function if we are successful in handling a Day Care Center. We have it set up so that people wishing to use the Day Care could unload under cover. Our biggest problem is lack of parking. We don't feel that this is going to increase the crowding in the area. We do feel that the building would be an asset to the community. Rountree: Do you have any proposed agreements with your neighbors as far as parking arrangements? Maxie: There are members of the church here tonight that could address that point better than I could. Hepper: Going by the City requirements, how many parking spaces are required and how many do you have? Maxie: It spoke to one per bus or vehicle delivering children to the Daycare Center. The Day Care Center is not our prime motive. MERIDIAN PLANNING & ZONING APRIL 9, 1991 PAGE #6 Maxie: I would say we would be looking at anywhere between 10 and 30. As far as the number of parking stalls, it is shown on our site plan I would have to go back and count those. Johnson: If I interpret your site drawing correctly you have 32 parking spaces. Anyone else from the public who wishes to testify? Phyllis Musgrove, 214 East Pine, was sworn by the attorney. Musgrove: I do think that this is a nice idea but I'm worried about being blocked in. (Expressed concerns about being blocked in) They don't have enough parking. Johnson: We appreciate your comments, maybe something can be worked out with the church. Anyone else from the public to testify? Wes Hoalst, 385 Montvue Drive, was sworn by the attorney. Hoalst: I am the Administrative Chairman of the Meridian Methodist Church and our agreement has been for many years with the Masonic Lodge for usage of their parking lot on weekends. If we have a problem with blocking this lady's driveway we will certainly work on that to correct this. Most of our use is on weekends, there would be some evening use. The building itself is not built for the purpose of Day Care Center. Our purpose of this Family Life Center is to be a community service type. It would be a building that can be functional for many uses but is not a public building. Rountree: What's the time line on getting to construction? Hoalst: Our goal for ground breaking is to be the fall of 1991. Major construction to begin in spring and complete in the fall of 1992. Johnson: Anyone else to testify? Ralph Lawrence, 4192 Tattenham Way, Boise was sworn by the attorney. Johnson: I have some questions like the size of your congregation, average Sunday attendance, and how much parking that you are getting from the Masonic Lodge? Also how much parking are you sacrificing with the construction of the building? Lawrence: We expanded our parking space temporarily when we moved that old house off of there. We have all of that. 2 suppose you could park between 20 & 25 if you really parked them in straight lines. We would probably loose about half of that in the building process. Our Average attendance year around is 200. Johnson: You would have two or three people to a car? Lawrence: Probably two. MERIDIAN PLANNING & ZONING APRIL 10, 1991 PAGE #7 Lawrence: When there is a youth function such as a basketball game your not going to have the same numbers of cars as on a Sunday morning. The usage of the new unit is going to be a lower density parking than the peak hour on Sunday morning. Johnson: The problems with this lady that is having trouble with her company parking, would you say that that is a Sunday only occurance? Lawrence: I would suppose so. Johnson: Is the church looking at the Day Care as an income producing thing? Lawrence: Not necessarily. Johnson: Would it go beyond the scope of the church? Lawrence: Yes it probably would, it would serve the general public. Johnson: Anyone else to testify? Hearing no response I will close the Public Hearing. The Motion was made by Rountree and seconded by Shearer to have the attorney prepare the Findings of Fact and Conclusions of Law. Motion Carried: All Yea: The Motion was made by Rountree and seconded by Alidjani to make a favorable recommendation to the City Council with the condition that parking be resolved. Motion Carried: All Yea: Discussion. (TAPE ON FILE) The Motion was made by Rountree and seconded by Shearer that we clarify & define what is major welding with respect to fabrication of steel or metal. Motion Carried: All Yea: The Motion was made by Shearer and seconded by Rountree to adjourn at 8:50 P.M.: Motion Carried: All Yea: (TAPE ON FILE) ATT'E'S/T, ~ ter... c,~-~ L 3 CK NI , CITY CLERK APPROVED: ~ ~ __ R ~~ M S~h~ a~.~~ ~~ho,~nlcKJ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION LARRY CORDINGLEY CONDITIONAL USE PERMIT 322 WEST BROADWAY MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW AM BROSE, FITZGERALD 6 CROOKSTON Attorneys An0 Couneelora P.O. Bow l27 Mer101an, IENo 838,3 Telaptlone 8884181 The above entitled matter having come on for public hearing March 12, 1991, at the hour of 7:30 o'clock p,m., the Petitioner appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter, makes the following Preliminary Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. 7h at a notice of public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 12, 1991, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 12, 1991, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations. 2. That this property is located within the City of Meridian and is owned by Applicant, and the property is described as the East 1/2 of lots 5 & 6, Block 7, Westview Addition, Meridian, Ada County, Idaho; the proposed use of the property is to make custom carved wood signs and other wood products, such as fine furniture, in the garage located on the property. 3. That the property is located in the R-8 Residential District; that the present authorized use of the premises is a residence with a garage workshop behind the Applicant's residence; that the Applicant proposes to use the garage as a shop to make wood products as a craft and hobby, but also to sell some products; that the remainder of the premises will continue to be used by the Applicant for his residence. 4. That the use requested is a use found under 11-2-409 C, Cabinets, Doors, Toys and Other Secondary Wood Products; such use is listed as an Industrial Use; that such industrial use is not listed in 11-2-204 A as an allowed conditional use in the R- 8 District. 5. That the R-8 District is described in the Zoning AMBROSE, FITZGERALD BCROOKSTON Attomays antl Counselors P.O. BOa 127 Maritlian, ItlaNa 83812 TalepMne 88&1/81 Ordinance, 11-2-408 B. 2 as follows: (R-8) MEDIUM DENSITY RESIDENTIAL DISTRICT: he purpose o the R- istrict is to permit the establishment of single and two (21 family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two (2) family dwellings in well-established • • neighborhoods of comparable land use. Connection to the Municipal Water and Sewer• systems of the City of Meridian is required. 6. That the Applicant has applied for a conditional use to conduct his use in his garage; the Applicant testified that he has conducted the proposed use in his garage for about one year for crafts and hobbies, and that he does on occasion sell his wood products but not as a principal source of income. 7. That the proposed use is more in the nature of a home occupation. 8. That the property to the west and east is residential; and the property to the north and south is residential. 9. Ada County Highway District, the Department of Health, the City Engineer, the City Building Inspector, the City Sewer Department, and Nampa & Meridian Irrigation District submitted comments, and such are incorporated as if set forth in full herein. 10. That there was testimony submitted which objected to the possible traffic that could be created; that those testifying had no real objection to the use itself but did not want to have parking or traffic problems as a result; they also did not want to see the use grow into a more intense retail use. I1. That there was one letter submitted that had no AMBROSE, FITZG ERALD BCROOKSTON Attornaye and Coonsebra P.O. Box 12] Merlolen, IOMo 8]842 Telephone 888-H81 objection other than desiring that Applicant maintain his property in an aesthetically pleasing fashion; the property is now clean and well maintained. 12. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. CONCI USIONS 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 of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Complied Ordinances of the City of Meridian, Idaho; 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2- 418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 4. That the actual use proposed by the Applicant is more properly defined as a Home Occupation, which is defined in 11-2- 403 B, Definitions, as follows: "Any gainful operation, profession or craft, which is customarily incidental to or carried on in a dwelling place, and wherein the use is clearly incidental and secondary to the use of the structure for dwelling purposes." 5. That it is concluded that the appropriate standards to AMBROSE, FITZG ERALD B CROOKSTON Attorneys and Counaelore P.O. Boz z27 MerIGMn, IEa~o 8382 Telap~ona SBB~~~81 measure the application by are the Accessory Use Standards for Home Occupations, which are in 11-2-410 D 2C, Home Occupation Standards; that Home Occupations under the above referenced section are allowed which do not change the appearance of the residence or the condition of its residential character; the following conditions shall apply: (1) No persons other than members of the family residing on the premises shall be engaged in such occupation; (Z) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than twenty five percent (25%) of floor area of the dwelling unit shall be used in the conduct of the home occupation; (3) No article shall be sold or offered for sale on the premises except such as is produced by the occupants on the premises and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use; (4) No significant traffic shall be generated by such home occupation, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this Ordinance and shall not be located in a required front yard; (5) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in other than a single- family residence. (6) In no way shall the appearance of the residence be altered nor the occupation be conducted in a manner which would cause the premises to differ from its residential character in the use of construction, lighting, signs and in the emission of noise, fumes, odors, vibrations or electrical interference. 6. Also the Accessory Use Standards contained in 11-2-410 AMSROSE, FITZG ERALD B CROOKSTON Attomeye enE Counselor F.G. BoY ART MaNElen, IWNo B78e] Tslapllone BBBJ/81 C 2A, Accessory Building Standards, shall also apply; those standards are as follows: (1) All parts of an accessory building shall be located within the lot of ownership. Where an alley has been vacated permitted uses may be located at the centerline of such alley, provided: a. Proof of ownership is established. b. Disclaimer by the City of any utility easements; and c. Written disclaimer by all utility companies waiving use of the portion of alley to be improved by a structure. (2) No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory. (3) An accessory building may be erected detached from the principal building, or it may be connected thereto by a breezeway or similar structure. No accessory building shall be erected in any required court, or in any required yard other than a rear yard, except that where the natural grade of a lot at the front line of the principal building is such as a result in a driveway having a grade of ten percent (10%) or greater, a private garage may be erected within the front yard, but not within fifteen feet (15') of any street line. (4) No accessory building or structure shall occupy more than forty percent (40%) of the area of a required rear yard. (5) If not in a rear yard, an accessory building shall be connected with the principal building to which it is accessory, and shall be so placed as to meet all yard and court requirements for a principal building including height and other dimensions.. (6) If located in a rear yard, both detached and connected accessory buildings shall be subject to the requirements set forth in the following paragraphs: (a) The height shall not exceed fifteen feet (15'). AMBROSE, FIT2GERALD B CROOKSTON Atlorneya and Counaelora P.G. BOY aR] Merldlen, Idaho exaz TelePaOne 88&ta81 (b) No detached accessory buildings shall occupy any portion of the front yard setback for a lot with a nonresidential zone, if such lot has a common lot line to another lot zoned residential. (c) Underground fallout shelters may be located within five (5') feet of any property line and shall be exempt from maximum lot coverage requirements. (d) No part of an accessory building on a corner lot located within twenty five (25') feet of an adjacent residentially zoned lot (either directly or across an alley) shall be nearer to such adjacent lot than the least depth of the existing front yard or required street side yard for a building on such adjacent lot, nor shall accessory building project into the side or front yard for the principal building to which it is accessory, (e) Coverage of rear yard by accessory buildings shall not exceed twenty five percent (25%). (f) No accessory building or portion thereof located in a required rear yard shall exceed fifteen (15') feet in height. 7. That it is concluded that the use proposed by the Applicant is an allowed Home Occupation if conducted in accordance with the conditions set forth herein; that if Applicant violates any of the conditions the Accessory Use Permit will be subject to revocation. 8. That the proposed use with an Accessory Use Permit would be in compliance with the Meridian Comprehensive Plan, and would meet the requirements of the R-8 District set forth in I1- 2-408 B. 2. 9. That the property will be subject to the requirements AMRROSE, FITZGERALD BCROOKSTON Attomaye one Counselors P.O. Bos sx] MerlElen, IGWw 87B~Y TelepMne 8881681 of the Ada County Highway District, the Central District Health Department requirements, the Nampa & Meridian Irrigation District, and the comments of the City Engineer, City Building Inspector and City Sewer Department; specifically the Applicant shall meet the off-street parking requirements which as stated in the comments of the City Engineer is four (4) off-street AMBROSE, FITZGERALD i CROOKSTON Allorners en0 Counsebrn P.O. BOM t27 MBtlEi~o, IONo 83N2 Talsplarro 88&USl parking spaces. 10. The Applicant shall main his "No Parking" sign in the alley and shall instruct customers to use the parking spaces rather than the alley. 11. No employees shall be allowed unless they are also occupants and residents of the Applicant's home. AMBR08E, FITZG ERALD B CROOKSTON Attorneys entl Counselors P.O. Box 12T Merltllen, IMho 87812 Telephone BB8~1181 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CAU_: Commissioner Commissioner Commissioner Commissioner Chairman Joh Hepper Voted -""~~ Alidjani Voted+~~j/r~~~"~ Rountree Voted~d.'%•~-- ~r Shearer Voted;~I.' _-~ son (Tie Breaker) Voted DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that the Council approve the proposed use as an Accessory Use on the property described in the application, subject to the conditions stated herein. MOTION: APPROVED:'`~~`-' DISAPPROVED: v~/_,s~k • '7r~t.~i514 • 3G4~ i44 PROTECTIVE COVLTJANTS AND RESTRICTIONS LF,ISMAN ADDTTION ADA COUNTY, IDAHO Dated: 11-30-']'J Recorded: Instrument No.: KNO'A ALL M}7J BY THE:;E PRESF:id'CS, that the undersigned, LeRoy Atwood, Beverley Atwood, Richard Leisman and LnVerne Leisman hereby certify and declare: I. THAT they are the owners in fee simple of all that certain real estate situated in Meridian, Idaho, and particularly described as follows: That property described in Exhibit A, attached hereto and incorporated herein in full by reference. II. THAT all of the real estate, and lots, parcels and tracts thereof and any convey- ance covering or describing all or any part thereof, either by reference to the above described plat or by any number or designation thereon, or by other describ- tion shall be subject to the following restrictions, covenants and conditions and that by the acceptance of any such conveyance, the grantees or grantee, and their heirs, executors, administrators, successors and assigns, covenant with the under- signed, their heirs and assigns, and with each other as to the property described in or by such covenants, as follows: (a) All of said lots shall be known and described as duplex lots, and said lots or any part thereof, or any structure placed thereon shall not be-used for commercial purposes, but the use of said lots shall be limited solely to duplex purposes as followst (1) A11 lots shall be duplex dwellings, meaning a structure completely under one roof for use by not more than two families, and not to exceed one and two stories in height. Lots shall not be used for parking of large commercial or like service vehicles. (b) No building shall be erected, placed or altered on any building plot in this subdivision until the building plans, specifications, and plot plan showing the location of such building have been approved in writing as to conformity and a harmony of external design with existing structures in the subdivision, and as to location of the building with respect to topography and finished ground eleva- tion by an architectural committee composed of LeRoy Atwood, Beverley Atwood, Richard Leisman and Laverne Leisman, or by a representative designated by a majority (continued) / I 3G4 _ 146 3. 145 • to all lots. the event of the death or resignation of :maining member shall appoint a resident -on to fill the vacancy. The said committee disapprove such design or location within .d specifications have been submitted to it, n the erection of such building or the mak- menced prior to the completion thereof, such is covenant shall be deemed to have been uch committee nor its designated represent- ensation for services performed pursuant to mittee or of its designated representative 2000, and thereafter the approval described ed, unless prior to said date, and effective be executed by the then record owners of a sion and duly recorded, appointing a repre- all thereafter exercise the same powers pre- ed on any duplex building plot nearer than or nearer than 20 feet to any side street 3 garage or other outbuilding located 30 shall be located nearer than 5 feet to r, that such detached garage or building shall setback requirements herein. ivity shall be carried on upon any lot nor may be or become an annoyance to the neigh- any lot having a width of less line, nor shall any dwelling be ss than x,000 square feet. I serviced by the City of Meridian, ons of said City. All garbage and •ie City of Meridian, Zdaho, pursuant tit shall be mandatory to use the user qualifies as a "hardship" case Paid City of Meridian. •Iwhich obstructs sight lines at 1ys shall be placed or permitted to irea formed by the street property >et from the intersection of the ty corner from the intersection of phtline limitations shall apply on a street property line with the edge be permitted to remain within such ~ge line is maintained at sufficient s. ~1 of any nature may at any time subdivision, excepting domestic at in no case shall such pets be shall such pets be permitted_for shack, garage, barn or other outbuildings e be used as a residence temporarily or f a temporary character be used as a maintenance of utilities and drainage recorded plat. ne story structure exclusive of open than 960 square feet. In the case cture, the ground floor area shall not i I h the land and shall be binding on until January 1, 2000, at which nded for successive periods of ten en owners of the lots, it is agreed ed) Page 4 Instrument No.: 3G4 ~ 14'7 IV. If any interested party, or any of his or her heirs and assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for any person or persons owning real property situated in said subdivision to prosecute any proceedings at law or in equity againist said person or persons violating or attempting to violate any such covenants, and either to prevent him or them from doing so or to recover•.damages for such violation. V. Invalidation of any one of these covenants by judgment or court order, shall in no way affect any of the other provisions, which shall remain in full force and effect. IN WITNESS WHEREOF, said LeRoy Atwood, Beverley Atwood, ichard Leisma and Laverne ~9is~ ~, have hereunto set their hands and seals this ~ ~`.%day of ,~1.,,,,._.L.„ ~ ~' ) / LeRoy A - od Beverley Atwoo STATE OF IDAHO County of ~ :.i ~ `/ Richard Leisman v? cc ~ .xiL,ti ~ 1 Laverne Leisman r1, On this ~ day of tif..u~2 , 19 ~~ , beforennme, the undersigned, a ,noat/ary Public in and for saidy^t te, Jersonally appeared.Lt. ' ~ .( 1.~« ~~~,¢„++,F~.~i ,tTt-~t~~~Gt~'tr_A~ a7ld ,-i ,' C , known to me to be the persons who names are subscribed to the hin instrument, and acknowledged to me that they executed the same. IN WYITJ~S:i 'dFiEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. hda Crunty, Idaho, ss. J~ 7,uc;; f j• ~ PJotary Public for State of Idaho - GATE ,J _ /Q - ~ Y Residing at ~°~ lJ , CLAREPICE A. PLAN7"ING '""' ~ ! LL-i av 2-!~...,P.. /~: Decucy -George Kovatieh Investments • Land Development • Construction 801 tieventh titreer (707) 528-8703 3235 Cohhle4tmte hrh'e 546-1733 I am the current owner of Lots 2 through 6 in block 1 of Leisman Addition, according to the gfficial Plat thereof, filed in Book 44 of Plats at Page 3548, records of Ada County, Idaho, known ae 870-900 North Linder Street, Meridian, Idaho 83842. It is my anderstanding that the property to the east of my property is to be rezoned from commercial to a zoning that would n11ow duplexes. I have no objections to the change in the zoning. QEORQE COV TCH DATE tian~a Rohs, California 95404 mrt+xENDfww I am the owner of Lots 6 and 7, Leisman Addition to the City of Meridian and write to express my approval of the rezone I understand is being sought for Lots 1, 2, 3, 4 and 5 from its current zoning of LO to R15 so as to allow the construction of duplexes. 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