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.
Yours very truly,
Gem State Developmental
Center, Inc., Owner
~~ ,~ ~~i~
Y L~ ~ .~~:/ ,,~.
Martin Landholm, President
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