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Shoemaker, Tami & Jamison VAR
f Meridian; S. p nber S, 2001 9 Stiles ng Coordinator f Meridian ian, Idaho As. Stiles: 8886854; Sep -12.01 5:49PM; undersigned request the following .information: Page 212 1. Is there a C nditional Use permit approved by the City for Cottage EXpreSSions Gilt Shop? i 5�� C��-� I S /1°S o�S�b�� �r'�` ue would like to receiv10, e a cop 2. Is there a Conditional Use permit approved by the City for Cottage Expression Restaurant? ve would like to receive a copy. Ca {Ckr 3. If there are not Conditional Use permits for Cottage Expressions, why not? As we understand, they -are required. 4. What further action has been taken on the variance which was tabled for 6 months on December 6, 1994? �10All . as rluir rpvf�ed. sire all copies requested be St. to Jack Riddlemoser. r ►ttagc Expressions Conditional Use Permit information requested. street Carlton .Street ....1.�................. �..........................I............ 4 41... .......................... /' � it f hieridi�an; 8886854 • Sep -12-01 5:48PM; PZlge 1 ; 2 j� ;�1) SEP 0 7 2001JACK C. RIDDLEMOSER ATTORNEY AT LAW t%1T�!'()k"wja D wx 7 t 1 East Fauvitw Avenue P1XNNTVG&2 ft" -54 MeiidiV. Ideho 83641 P60or 208! 80•1491 . Fax 2081888.1323 September 5, 2001 .e Stiles ling Coordinator of Meridian Idaho Lan, Idaho 836422 UP Cottage Expressions Ms. Stiles Enclosed is Petition and Request for information concerning bove matter. We request your assistance and we will expect ceive the requested information within one week. truly yours, t'r�C) R EMSER Lents TAMI SHOD CONDITIONAL USE PERMIT 1031 EAST FIRST F.A. NOURSE 2ND ADDITION -------------- 12 1998 June Cottage Expressions C/O Tami and Jamison Shoemaker 1031 E. 1s' Meridian, Idaho 83642 Dear Mr. and Mrs. Shoemaker: It has come to my attention that your business establishment is in violation of the City of Meridian's Wastewater Pretreatment Ordinance. The Wastewater Department staff has informed me that your business produces grease, and other substances, which f enters into the sewer lines in violation of the City's Ordinance. The applicable section of the Wastewater Pretreatment Ordinance states: "Grease, oil and sand interceptors shall be provided when they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil or sand." Meridian's Wastewater Pretreatment Ordinance Section 7-704(8). Furthermore, Section 7-704(2) of the Meridian Wastewater Pretreatment Ordinance states: "No user shall contribute or cause to be discharged, directly or indirectly, any of the following described substances into the wastewater collection system or treatment facilities." Section under 7-704(2)(e), prohibits a user from contributing or discharging into the waste collection system, and goes on to state: BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF TAMI AND JAMISON SHOEMAKER FOR A VARIANCE FROM 11-2-414 D AT THE CORNER OF EAST FIRST AND CARLTON FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on November 15, 1994, at approximately 7:30 o'clock p.m. on said date, and was continued to December 6, 1994, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicants appearing, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT A. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for November 15, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the November 15, 1994, hearing; that copies of all notices were available to newspaper, radio and television stations. B. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11- 9-612 B. l.b of the Revised and Compiled Ordinances of the City of Meridian; that his requirement has been met. C. That the Applicants were granted a conditional use permit in 1990 for the operation of custom decor and gift shop; the SHOEMAKER VARIANCE - FINDINGS & CONCLUSIONS Page - 1 original conditional use permit required the Applicants to meet the comments of Gary Smith, City Engineer, which were that one off- street parking space was required for each 200 square feet of floor area of retail and two off-street spaces for the residence; the Applicants have commenced the operation of a restaurant, in addition to the custom decor and gift shop without requesting a conditional use permit for that business; it apparently is the combination of the decor and gift shop with the restaurant that is causing the off-street parking problem. D. That Ordinance 11-2-414 A, OFF-STREET PARKING AND LOADING FACILITIES, 1., requires that no building or structure shall be erected, altered or its use changed unless permanently maintained off-street parking and loading have been provided in accordance with the provisions of this Ordinance. 11-2-414 also requires that the parking be paved. E. That Ordinance 11-2-414 A, OFF-STREET PARKING AND LOADING FACILITIES, 1., requires that when the intensity of use of any building, structure or premises shall be increased through addition of dwelling units, gross floor area, seating capacity, parking and loading facilities as required herein shall be provided for such increase of use. F. That the Applicants have requested to be granted a variance from the above Ordinance requirements and so that they will not be required to meet the off-street parking requirements, which require nine off-street parking spaces for the uses of the property. SHOEMAKER VARIANCE - FINDINGS & CONCLUSIONS Page - 2 G. The Applicants did submit a drawing of their property with the Application; the drawing does show space that could be used for off-street parking if garages and sheds were removed; the Applicants submitted an amended drawing showing angle parking in the alley, as desired by the Ada County Highway District; the drawings show a carport or garage to the west of the house and an existing shed. H. The property in question is described in the variance application and is incorporated herein as if set forth in full. I. That the property in the area where the variance is requested is zoned Old Town, which requires a conditional use permit to operate any commercial use. J. That the Applicants do own the property. K. That the Meridian Planning Director submitted comment which was that this request was precipitated by the Applicants' increasing the restaurant area, thus adding to the parking necessary and she stated that retention of the existing tree is a valid reason for granting the variance; she recommended that the variance be granted provided neighboring properties are not adversely affected and all other agency and staff conditions are met. L. The Ada County Highway District, for site specific requirements, commented as follows: 1. Replace unused curb cuts on Carlton Street with standard curb, gutter and sidewalk. 2. Locate driveway curb cuts a minimum of 5 -feet from the side lot property lines when driveways are not being SHOEMAKER VARIANCE - FINDINGS & CONCLUSIONS Page - 3 shared with the adjacent property. 3. Utilize 45 -degree angle parking off the alley. Coordinate design with District Traffic Services staff. 4. Pave the alley with a minimum of 12 -feet wide abutting parcel. Where obstruction permit, 16 -feet of pavement will be required. 5. Construct 5 -foot wide concrete sidewalk on Carlton abutting parcel. M. That a letter was received from Steven R. Pletelo, residing at 35 East Carlton; he stated that he thought the Applicants need to have at least nine parking spaces and that the architectural plans show that they can get those parking spaces without taking out the tree; he also stated that the parking for the residents along East Carlton has gotten worse because we do not have much parking behind our houses and that the street is narrow and when two cars are parked on both sides of the street it is hard for two cars to pass. N. That there was no public comment at the public hearing. CONCLUSIONS 0. 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. P. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. Q. That the City Council has judged this application by the SHOEMAKER VARIANCE - FINDINGS & CONCLUSIONS Page - 4 guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance upon which it may take judicial notice. R. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. S. That the specific requirements regarding a variance that must be evidenced and found by the City Council, are as follows: A variance shall not be granted unless the Council makes a statement of supportive reasons based directly on the evidence presented to it which supports conclusions that the mentioned standards and conditions of this Ordinance have been met by the Applicant and unless all of the following exist: a. That there are no special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would be clearly impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Ordinance unreasonable under the circumstances, or that the conditions and requirements of this Ordinance will result in inhibiting the achievement or objectives of this Ordinance; C. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. T. That there does appear to be a specific benefit, profit, SHOEMAKER VARIANCE - FINDINGS & CONCLUSIONS Page - 5 economic gain or convenience to the Applicant if this variance is granted since they would not have to go to the expense of putting in the required off-street parking spaces and they would be able to retain the tree; retaining the tree is to the best interest of the City and the public but there appears to be ways to retain the tree; that the parking would have to be paved and to put in the parking west of the home would require the carport or garage and the existing shed to be removed, which would take a period of time to accomplish. U. That regarding Section 11-2-419, it is specifically concluded as follows: a. That there are no special circumstances or conditions affecting the property that the strict application of the provisions of the off-site parking requirements would clearly be unreasonable; there clearly is enough land to place off-street parking on if the garage and shed are removed and an adequate parking area is placed there. b. That strict compliance with the requirements of this off- street parking Ordinance would not result in extraordinary hardship to the Applicant, since they have sufficient land area to place an off-street parking lot. C. That the granting of a variance would be detrimental to the public's welfare or possibly injurious to the public; the parking on the streets in the area is causing a problem as evidenced by the letter from Mr. Pletelo. d. That the variance would have the effect of altering the interests and purposes of the off-street parking Ordinance. V. That it is concluded that the Application for a variance from 11-2-414, OFF-STREET PARKING, should be denied, but since it will take some time to remove the carport or garage and the existing shed, it is further concluded that the Applicants shall SHOEMAKER VARIANCE - FINDINGS & CONCLUSIONS Page - 6 have six (6) months to remove the carport or garage and existing shed and place a parking lot of sufficient size to meet the Ordinance requirements and complete the required off-street parking. W. It is further concluded that the City has granted time extensions in meeting the off-street parking requirements where a structure previously used as a home has been converted into a commercial use and that it is appropriate to grant the extension to allow the continuation of the business while the owners and operators of the property and the use meet the Ordinance requirements. X. It is further concluded that the Planning Director shall take measurement of the amount of space that is being used for the business to see exactly how much space is being used for commercial purposes and determine exactly the amount of parking that is required and Applicants shall assist the Planning Director. Y. That it is further concluded that if the required parking is not in place and paved within six ( 6 ) months, the business shall cease operation to the extent that only the amount of business space shall be used for which the Applicants have the required off- street parking as required under the Off -Street Parking Ordinance. SHOEMAKER VARIANCE - FINDINGS & CONCLUSIONS Page - 7 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) DECISION VOTED VOTED VOTED VOTED VOTED U Based on the above Findings of Fact and Conclusions of Law it is decided the Application for a variance from 11-2-414, OFF-STREET PARKING is denied, but the Applicants shall have six (6) months to install, construct and pave the required parking, as stated in these Findings of Fact and Conclusions of Law. DISAPPROVED: � �ea A4v* SHOEMAKER VARIANCE - FINDINGS & CONCLUSIONS Page - 8 "BROSE, FITZGERALD & CROOKSTON M E M O R A N D U M DATE: ATTORNEYS AND COUNSELORS AT LAW GRAND L. AMBROSE (1915.1968) Councilman Corrie JOHN O.. ITZGERALD,CROOKSTO P.A. 1530 WEST STATE - P.O. BOX 427 WAYNE G. CROOKSTON, IR, P.A. Councilman Yerrington WILLIAM J. SCHWARTZ Councilman Morrow JOHN O. FITZGERALD H, P -A- MERIDIAN, IDAHO 83680 PETER W. WARE, JR. Wayne G. Crookston, Jr. SUBJECT: THIS FIRM INCLUDES PROFESSIONAL CORPORATIONS M E M O R A N D U M DATE: December 20, 1994 TO: Councilman Corrie Councilman Tolsma Councilman Yerrington Councilman Morrow Mayor Kingsford FROM: Wayne G. Crookston, Jr. SUBJECT: Alternate Findings of F Shoemaker - Variance TELEPHONE (208) 888-4461 FACSIMILE (208) 888-3969 IVA G11 - act & Con usions of Law for Please find attached an Alternate set of Findings for Shoemaker Variance request. Of the two sets I have presented, choose which set the Council prefers. Meridian City Council December 20, 1994 Page 3 Kingsford: I think we have that do we not, the development agreement on that one? Stiles: We have not, this is one that we waited until the final plat. Kingsford: This now is the final plat and they haven't. Merkle: Mr. Mayor, this is the one that we went through and upon annexation on when to submit the development agreement for review. In Shari's condition on the final plat it says subject to approval on the development agreement being approved and executed prior to signing the final plat. So when 1 read that I didn't resubmit on yet but it is very simple. Kingsford: Final plat won't be signed until that (inaudible) Morrow. In essence that is what I am trying to get the motion to. Would you like to restate the motion? Kingsford: I think I've got it, is there a second? Corrie: Second Kingsford: Moved by Wait, second by Bob to approve of the final plat for Hartford Subdivision conditioned upon the agreement of staff and an agreeable development agreement from the Council being approved, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: TABLED DECEMBER 6,1994: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A VARIANCE REQUEST BY TAMI AND JAMISON SHOEMAKER: Kingsford: Does the Council have questions or comments about that? Morrow. Mr. Mayor, we are dealing here with (Inaudible) Morrow. There seems to be some question as to the status of the Conditional Use Permit for the restaurant portion, has that status been cleared up? Kingsford: I think it has been resolved to the, I think each member of the Council discussed that as far as I knew is was resolved. Any difference in agreement in that Council members? Meridian City Council December 20, 1994 Page 4 Morrow. Having that clarified I would move that we adopt the findings of fact and conclusions of law dated December 20, 1994. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the findings of fact and conclusions of law, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington - Yea, Corrie - Yea, Tolsma Yea MOTION CARRIED: All Yea Kingsford: Mr. Morrow would you read that decision please? Morrow. The decision would be based on the above findings of fact and conclusions of law. It is decided the application for a variance 11-2-414 off street parking is denied but the applicant shall have 6 months to install, construct and pave the required parking as stated in these findings of fact and conclusions of law. Kingsford: Any question about that Shoemakers? (Inaudible) Shoemakers: We have 6 months to come up with parking that we don't have? Kingsford: To meet an adequate parking to meet our ordinance. Shoemakers: And your ordinances are for (inaudible) Kingsford: That is something 1 understand Shari you are going to measure and declare what those are, am I correct? Stiles: Yes Kingsford: So you will be working with staff then during that time. We did receive and I don't know whether you got this Jamison, just today from ACRD. Shoemaker: Yes, he was there (inaudible). (Inaudible) Meridian City Council December 20, 1994 Page 5 Shoemaker: You were going to work up something different on the Carlton side so I wanted that information available to you that is why we haven't been able to do anything is because we haven't been able to develop anything that allowed a turn around in that area. So I wanted that information available. Kingsford: I think what the Council is looking at perhaps and I don't necessarily want to speak for them, they can correct me if I am wrong, but was that during that time perhaps the garage might be removed and possibly a turn around of some fashion be designed that would accommodate the parking. Shoemaker: That is the reason for the letter. There is not enough room. I have looked at all the requirements and stuff, it is just not there, I assume you are talking 3 spaces. Kingsford: That is something that will have to be determined. Shoemaker: Even one space if you want to do a turn around, you come in at a 45 there isn't anywhere to turn around. The only place is to get rid of this parking spot and back into here and exit. And if you know ow you can convince people to do that or how you are going to put signs and arrows to pull in this way and back out into this spot and then out, 1'd be glad to hear it. I have been working really hard to try and figure out something with this space available. With that letter and stuff I am just letting you know 1 have reached a dead end. If there is any input I am more than welcome to listen to it. By the time you have your fence and your 4 foot of landscaping and then your parking spot and everything and a driveway it all gets used up and no turn built. T. Shoemaker: We are trying to avoid coming back in 6 months and going through it all again because we can't find that parking like you are wanting to do. We are stuck without being able to do it at that point. Corrie: I guess somewhere along the line we are not communicating about this garage. Is that garage part of your property? Why can't it come down and use it for parking? That is what you are talking about? Shoemaker: (Inaudible) is where that existing garage is right now. Even though it is a very (inaudible) (Discussion Inaudible) Corrie: It says existing carport to be enclosed. T. Shoemaker: It is enclosed. ,1�,N Meridian City Council December 20, 1994 Page 6 (Inaudible) T. Shoemaker: That is one side of the plan, I know that the City has those plans saying that is enclosed. (Inaudible) Kingsford: Something that again we might be able to work out with the highway district because they have done it for us on 1 st Street is perhaps a ball at your property line or something for some protection. People back out on to East 1st from several of those points and they didn't like it, but there is a protective ball there that helps. I am sure that something can be worked out and hopefully we can do that in the 6 month period. If not than certainly we are open to T. Shoemaker: If it doesn't work out do we have to come back and go through this whole thing again and put out all the money to go through it again? Kingsford: We will be able to probably handle anything except maybe the mailings on the same thing. T. Shoemaker: We are really working with you we are trying to do it too. We are just frustrated just like you are trying to figure where to do that and we just want to show you where we are at with the highway district. Morrow: Mr. Mayor, can we do something like since this is going to be (inaudible) six month time frame basically it is continued so if we can't work it out then we press on underneath this same format so we don't have to do the mailings and the cost? Kingsford: I am not sure where we are at with having just denied and which those findings called for. I suppose a possibility would be for the Council to make a motion to continue to the end of that six month period. Does that sound reasonable Counselor? Crookston: If that is the desire of the Council it would be more preferable to have a motion to withdraw the denial and table it for a certain date which can be the six months. Kingsford: Is that more agreeable to the Council? Morrow. From my perspective I don't see anything wrong with that. We have a situation here where the Shoemakers are struggling, we are struggling and it seems to me somehow when you get this worked out it is just a matter of finding the common ground. Shari has to do her thing to find out exactly what the numbers are and we don't know what the Meridian City Council December 20, 1994 Page 7 numbers are. From my own perspective my own preference would be that we (inaudible) until a date 6 months from tonight or the nearest meeting 6 months from now. And that is how I feel about it. Corrie: That tree that we are talking about does that belong, is that on your property? Shoemaker: Yes (Inaudible) Morrow: I think that tree house was started by a former City Councilman in attendance tonight. Kingsford: In those days they used to call it a dog house. Corrie: I would like to help as much as we can. I think it is worthwhile. T.Shoemaker: If we do figure out this before the six months, we want to get this parking in can we come and do something before that? Morrow. If you figure it out before the six months all you have to do is construct it and then it is a dead issue I think. (Inaudible) Morrow. I think at least my intent here in terms of seeing if we table it for 6 months is that it is a last resort type of deal. If something can't be worked out at all then we come back in the public forum and figure out something. My preference would be that it is done and you are operating and the asphalt or whatever is there. Not that we don't like but it would be real nice not to see you anymore. T. Shoemaker: I would like to, I know we can't do those (inaudible) 15th of March or something like that. I would prefer not to go the six months because I am sure we can find something before the six months. 1 would like to get it before that the earliest or the latest we can do instead of waiting six months. Morrow. You can do, you can start tomorrow. T. Shoemaker: But if we can't find anything then we are going to have to have you guys say alright yea or nea, so we are going to have to come back for that official Meridian City Council December 20, 1994 Page 8 Morrow. And that would be in six months time. T. Shoemaker: That is why I am saying can we do it before then? (Inaudible) Morrow. Mr. Mayor I withdraw my former motion with respect to the Kingsford: I think you have to have a motion to withdraw the second first. Corrie: 1 will withdraw the second Morrow. Mr. Mayor I withdraw my motion to adopt the findings of fact and conclusions of law. Kingsford: Is there a new motion? Morrow: Mr. Mayor I move that we table the Tami and Jamison Shoemaker variance request until a date 6 months from the second meeting in December, the second meeting in June. Crookston: Point of order, I thought we had a motion to withdraw the approval of the findings of fact and conclusions of law, we did not have a vote on that. Then we had the motion to table it and we had a vote on that. Kingsford: We haven't yet had a vote on the table, we haven't had a vote on either of them. 1 would entertain a vote on the withdrawal, all those in. favor of withdrawing? Opposed? MOTION CARRIED: All Yea Kingsford: Motion on the table. Morrow: Mr. Mayor I move that we table to the second meeting in June the Tami and Jamison Shoemaker request for a variance. Yerrington: Second Kingsford: Moved by Walt, second by Max to table the request for variance for 6 months to the second meeting in June for the Shoemakers, all those in favor? Opposed? MOTION CARRIED: All Yea r 11 A- �'%1OQlyiahth- o�2t c`y (208) 884-1300 EXT. 236 & 238 BUS. (208) 884-1306 FAX, 880-1047 MOBILE GARY and NANCY MUMFORD Sales Associates COLDWELL BANKER ASPEN REALTY, INC. 900 NORTH LINDER ROAD MERIDIAN, ID 83642 An Independently Owned and Operated Member of Coldwell Banker Residential Affiliates. Inc. 12/20/94 16:17 $208 345 7650 GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary Shari Stiles Planning & Zoning Administrator City Of Meridian ACRD RE: MERIDIAN VARIANCE 1031 E. 1st IBJ 001/001 DEC 2 0 1994 December 20, 1994 VIA FACSIMILE MERVEIST.MEM Cottage Expressions The parking layout along the Carlton Street frontage shows that several future proposed parking spaces will force vehicles to back directly into the street to leave the premises. The District generally does not allow this sort of situation for commercial Projects and staff recommends that those additional parking spaces not be allowed as shown. We do agree with allowing the handicapped parking space remain in the proposed location which is parallel and within the public right-of-way. If you have any questions or comments, please call me at 345-7662. St art C. Ric,Develo men Analyst p Y Development Services SCR/scr CC: Project File Chron File Tami & Jamison Shoemaker ada county highway district 318 East 37th • Boise, Idaho 83714 - Phone (208) 345-7680 DEC 20 '94 15:08 208 345 7650 PAGE.01 MERIDIAN CITY COUNCIL MEETING: DECEMBER 20 1994 APPLICANT: TAMI AND JAMISON SHOEMAKER ITEM NUMBER; 4 REQUEST; FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR CITY ATTORNEY: c CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: I �, MERIDIAN SCHOOL DISTRICT: 14- f l MERIDIAN POST OFFICE: i ME ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: A MERIDIAN IRRIGATION NAMP SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: PARKING LOT LICESNE AGREEMENT This Agreement made, effective as of Tc, 19 1996 by and between the Chapel of the Chimes, whose mailing address is, 105 E Carlton Ave., Meridian, Idaho 83642, hereinafter referred to as Licensor, and Jamison and Tami Shoemaker, whose mailing address is 1664 S Sportsman Way., Meridian, Idaho 83642, hereinafter referred to as Licensee. Cd y The parties hereto agree as follows: Section 1. Grant of Permission. In consideration of Licensees promises contained in this Agreement, Licensor hereby gives permission, revocable and terminable as provided below, to Licensee and to Licensee's tenants leasing commercial properties located at 1031 East First Street, Meridian, Idaho, and the customers of such tenants to enter upon that certain real property of Licensor improved as a parking lot and more particularly described below for the purpose of using portions of it for temporary automobile parking, all on the terms and conditions set forth in this Agreement all of which Licensee promises to comply and abide with. Section 2. Description of Property. The real property of Licensor that Licensee and the persons described in Section I hereof are permitted to enter upon and utilize the parking spaces as herein provided pursuant to the terms of this Agreement is more particularly described on Exhibit A attached hereto and by this reference made a part hereof. Section 3. Consideration. The permission granted to Licensee under this Agreement is given to Licensee as an accommodation to Licensee and it shall be without charge to Licensee for the use thereof. Licensee hereby acknowledges the title of Licensor to the above described real property and now and forever for himself and his successors and assigns hereby relinquishes and/or disavows any right title and interest therein. Section 4. Permission Not Exclusive. 'Me permission granted to Licensee under this Agreement is not exclusive to Licensee and Licensee and the persons identified in Section I hereof shall only have the privilege under this Agreement of occupying up to S0 parking spaces at only such times daily from 2:00 a.m. to 10:00 p.m. as such parking spaces are not being utilized by Licensor or it's employees or guests and further provided that Licensor hereby reserves for the benefit of employees or guests a priority license to utilize said parking spaces at any such time Licensor deems necessary. The exclusive right and privilege of Licensor to utilize all of the real property described herein, including the parking spaces subject to the provisions hereof for the periods not covered by the non-exclusive licenses provided for herein are specifically reserved to Licensor and its employees and guests. Section 5. No Buildings. Obstructions or Exits. Licensee shall not.erect any buildings or other structures on the herein described property, or erect or have, erected or installed, permit to remain on the subject property any temporary structures, fixtures, shelters, PARKING LOT LICENSE AGREEMENT - attachments, signs or other things attached to or being on such real property and placed thereon by Licensee or the tenants or customers or such tenants of Licensee. In addition, Licensee shall not install, nor permit any of its tenants to install, any additional doorways or passageways providing pedestrian ingress or egress to the parking spaces from the side or rear portions of licensed commercial buildings. Section 6. Use. Licensee shall not use the herein described property for any other purpose other than the temporary parking of automobiles during the hours permitted by Section 4 hereof, and shall not perform or permit any of Licensee's tenants or the customers thereof to perform any disorderly conduct or commit any nuisance on such property or to use such property in anyway so as to interfere with the exercise by Licensor or its employees or guests of the complete and unobstructed use of the subject property, Section 7. Indemnification. Licensee shall exercise the privileges under and pursuant to this Agreement at Licensee's own risk, and, irrespective of any negligence of Licensor, Licensee shall indemnify and bold Licensor harmless from and against any and all liability for damages, costs, losses, and expenses resulting from, arising out of, or in any way connected with the, occupation or use of the described real property by Licensee, or the Licensee's tenants or their customers, or the failure on the part of Licensee to perform fully all and singular Licensee's promises contained in this Agreement, Licensor shall not be liable to Licensee if for any reason whatsoever Licensee's occupation or use of the property under and pursuant to this Agreement shall be hindered or disturbed. Licensee shall procure and maintain comprehensive general liability insurance covering Licensor as an additional insured against claims for bodily injury or death or property damage occurring in, upon or about or resulting from the real property herein described, or any street, drive, sidewalk, curb, or passageway adjacent thereto, in standard form and with such insurance company or companies in an amount of no less than One Million Dollars ($1,000,000) which insurance shall include blanket contractual liability coverage which insures contractual liability under the indemnifications set forth in this Agreement. Section 8. Privilege Not Assignable. Licensee's privileges under this Agreement shall not be assignable by Licensee in whole or in part. Section 9. Termination. Licensor reserves the right to terminate the permission granted by this Agreement, in its sole and absolute discretion, at any time by giving Licensee at least thirty (30) days written notice of such termination, except that Licensor may, at its election, terminate the permission immediately without such notice at any time Licensee shall fail to comply with or abide by each and all of the provisions of this Agreement or to keep all and singular Licensees promises contained in this Agreement. Section 10. Notice. Any notice provided for or concerning this Agreement shall be writing and shall be deemed sufficiently given when sent by regular U.S. Mail if sent to the respective address of each patty as set forth at the beginning of this Agreement. PARKING LOT LICENSE AGREEMENT - 2 Section 11. Time is of the Essence. It is specifically declared and agreed that time is of the essence of this Agreement, Section 12. Governing Law. It is agreed that this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Idaho. Section 13. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any broach of any of the terms and conditions of this Agreement shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. Section 14. Attornev's Fees. In the event that any action is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful parry, in addition to all sums that either party may be called upon to pay, a reasonable sum for the successful party's attorney's fees. Section 15. Entire Agreement. This Agreement shall constitute die entire Agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. Section 16. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in writing, signed, by each party, or an authorized representative of each party. IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first above written. CHAS OF THE C S BILL BREWER 4-OZ"o ZrT,4��741 SHOEMAKER PARKING LOT LICENSE AGREEMENT - 3 E . C,,,,<tO r lu ilz I � J \ Q i O E . C,,,,<tO r lu ilz I � � ! Q i O ' n Meridian City Council December 6, 1994 Page 3 Kingsford: Moved by Walt, second by Bob to approve of the decision on the variance, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Walt, you made the motion would you read the decision please? Morrow: Upon motion duelly made and seconded the application of Vijya Laxmi Development Inc. for a variance from 11-9-605 E which variance would allow a block length greater than 1000 feet is hereby denied. Kingsford: Those findings can be picked up in the morning. ITEM #3: TABLED NOVEMBER 15,1994: FINAL PLAT FOR HARTFORD SUBDIVISION, 66 LOTS BY VIJYA LAXMI, INC.: Morrow: With the request for variance being denied, if the variance is denied the final plat as presented to us reflects an approval of that variance so it would appear to me that the final plat needs to be tabled pending correction of the final plat, so 1 would so move. Corrie: Second Kingsford: Moved by Walt, second by Bob to table the final plat for Hartford Subdivision until the next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ,,t— ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A VARIANCE REQUEST BY TAMI AND JAMISON SHOEMAKER: Kingsford: Has the Council reviewed those findings? Crookston: Mr. Mayor we do not have findings on those. Kingsford: My agenda says that we do. Crookston: That is what your agenda says but we don't have them. Kingsford: Will you explain that to me? Crookston: Yes I will, Shari Stiles and I have discussed this, what was presented to the Meridian City Council December 6, 1994 Page 4 City on the variance had a map with it that showed 6 parking spaces along the alley between this property and Circle K, it also showed 3 parking spaces on the north along Carlton Street. In preparation of the findings when I saw that map and I saw the application that they needed 9 off street parking spaces, 1 looked at the map and said well they have 9 off street parking spaces. So I had a discussion with Shari and I questioned how many parking spaces they actually needed. There was discussion between her and myself, ultimately it turned out that at least the parking spaces along Carlton may not be able to be done. Then I received the comments from Ada County Highway District which indicated that they parking spaces along the alley needed to be angled, that was not shown on the map. We thought that it was better to have some more input from the Showmaker's, Shari I thought that we had discussed that she would contact the Shoemaker's, I don't know whether she did, but we need some more input on that. Specifically what actually can be done there. So we ask that the findings be delayed until we had that information. Kingsford: It is pretty much then what you and I talked about yesterday. Shari, did you contact the Shoemaker's? Stiles: Yes, I understood that they were going to be here tonight, but maybe something came up. Shoemaker: (Inaudible) Stiles: I talked to your husband when he brought that site plan in. Shoemaker: (inaudible) He is supposed to be here, he met with you and all I know is that he showed you what we were supposed to draw up the 450 angles that you wanted to see that in there and he brought that. That is all I know that was revealed to me from him of your meeting. Maybe there was more but that was all I got from him, we don't know that there was anything more said about the Carlton parking that we cannot do at this time because of they are asking us to put in that big pit in that small area for 3 parking spots which cost more than the parking itself. That alone costs a lot, we have to knock down the shed to do it. We can put the 6 in the angled and he brought something to you, do these guys have it? Stiles: Yes Shoemaker: Okay, to be abled to have the angled like the Ada County Highway I think it is, would like us to do. And then we can also have the one on Carlton for the handicapped that we had discussed at the last meeting, he shows that. We do plan to eventually put in more but at this time that is what we can put in. r� Meridian City Council December 6, 1994 Page 5 Kingsford: Counselor, Shoemaker: I know this is what we discussed last time too. Crookston: That certainly helps, a question that arose was the lighting that you propose, particularly along the parking in the alley. Shoemaker: There is a large light there already that is in the alley that will remain there. It is a big street light. Crookston: Is that along 1 st Street, or is it towards the back? Shoemaker: It is in the alley along E. 1 st but it lights up the entire backyard which will light up that entire parking area. It is bigger than your street lights that we have now on E. 1 st. Crookston: So, under your proposal then, you would have 6 parking places. Shoemaker: And the hadicapped would make 7. Crookston: How many are you required to have? Shoemaker: Did it come out to be 9? Stiles: I believe so. Shoemaker: We were trying, was it 7, 1 don't remember. You were going to check on that to how many square feet and, did you check on that specifically? Last meeting I remember we couldn't decide on if it is square feet or occupnacy or whatever it was you were going to check on that. Stiles: Our ordinance requires the square footage, it is just based on square footage. So did you figure out exactly what that was. Kingsford: Was that what the 9 was based, square footage? So your request for a variance is from 9 to 7? Shoemaker: Right Kingsford: And that is then what you will deal with? Shoemaker: And that is basically to save that tree. Meridian City Council December 6, 1994 Page 6 Crookston: I have seen the new map that was brought in. That extends the parking towards the tree, how far does that extend it? Shoemaker: (Inaudible) it brings it farther west than the original 6 900, but the 900 was 20 foot plus the 5 foot walk and the 450 is a 15 foot distance. So it brought us back 5 feet. Crookston: By saying brought it back what do you mean? Shoemaker: It brought it back towards the alley at the south 5 feet farther away from the original. I coudl show you, there is a little bit left (inaudible) original corner of the 900, 6. Crookston: It was substantially farther away from the tree initially then this shows. Shoemaker: The 900, the Ada County Highway District required the 450. Even at 6, we are farther than we would like to be. That is where we are at, quite a bit that way and quite a bit into the trumpeter vines also. So, I am song 1 don't have it measured in feet, but the 5 foot going south 1 believe helps also. Crookston: Do you think that is going to interfere with the life of the tree? Shoemaker: If I had it my way I would like to reduce that to 5, because that 450 taken so far. We are at the mercy of the City here to try and find a compromise that is workable. Crookston: (Inaudible) the parking along Carlton, the 3 spaces that you showed on your initial map. When could you put those in? Shoemaker: Talking with Ada County Highway District we don't know if they will ever allow us to do that as drawn because it would cause them to back up onto Carlton and as you know they don't like that idea of having to back into a street, even a side street. So that is something the architect drew up and aparently at that point in time it had never gone before Ada County Highway District. Crookston: Is there anyway to extend that area to make it bascially a parking lot where they would drive in and park along your west boundary. And then when they came out they would be facing out. T. Shoemaker: I know the architect looked at that at one time and didn't think it was able to do it without more footage because we have that building built there. Shoemaker: You would be in a situation where the only place they could back up is our proposed handicapped spot and obviously if somebody is there then there is not much Meridian City Council December 6, 1994 Page 7 room there to (inaudible) there is no room to turn a car around even if you took out that existing garage. Crookston: Thank you. Kingsford: Counselor, do you have adequate information for findings now? Crookston: I do, it just seems to me there might be a way to make parking along that west boundary though and then they would meet the ordinance and they wouldn't need a variance. I think it is fine along the alley. Kingsford: And you got your architectural degree the same time you got your law degree and all that is kosher. Crookston: Actually I had my architectural before. Kingsford: We are all in trouble. Your recommendation then is what, we have to table this to have findings. Crookston: Yes you do, you need findings. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to table the findings of fact and conclusions of law for a variance for Tami and Jamison Shoemaker until next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea (Inaudible) Kingsford: If we need anything they had better get with you and in advance of next meeting. (Inaudible) ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING FOR RAVEN HILL SUBDIVSION BY ALLAN CHANDLER: r1 MERIDIAN CITY COUNCIL MEETING: 61 APPLICANT: J'Ao e I -Ka REQUEST:14 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: AGENDA ITEM NUMBER: T COMMENTS AGE EXPRESSIONS DEL AND ADDITION 1 Av. �t b�5e (f reiS`X&13e� P40�rtl/5t ops ice ��qd Ia1a19y � er_ T_ L II A. �LYr.�U MPti� 404 �CtO? l �J3� �1 i ' i ' •• �Fe� - t -------------- T_ AGE EXPRESSIONS DEL AND ADDITION 1 Av. �t b�5e (f reiS`X&13e� P40�rtl/5t ops ice ��qd Ia1a19y � er_ T_ L II A. �LYr.�U MPti� 404 �CtO? l �J3� �1 Meridian City Council November 15, 1994 Page 12 Kingsford: Moved by Walt, second by Ron to approve of Ordinance #678 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea \✓ ITEM #8: PUBLIC HEARING: VARIANCE REQUEST BY TAMI AND JAMISON SHOEMAKER: Kingsford: At this time I will open that public hearing and invite the owner or his designee to speak first. Jamison Shoemaker, 1664 South Sportsman Way, was sworn by the City Attorney. Shoemaker: Basically what our request is, this is the map that Ada County Highway District had, the City had an updated map which shows 9 parking spots along the alley. And when we looked at that and measured that out that would obviously hinder that black maple tree that is there to the point that we would end up killing that tree because of covering the root system. So we have asked for a variance to limit that to 6 spaces, the Ada County Highway District has asked us to make that from 900 to 450 which I would calculate I think would take another 6 more feet. That is the just of it, one other point that I have always been trying to get a clear answer on, we have an area over available that would be a good spot for handicap off Carlton, but if you notice this line that is our property line and then the rest of it is easement. And talking to our architect he didn't want to draw one in there because I guess technically you are not supposed to put any parking in an easement. So that becomes dead man's land, but it would be a good spot to take this handicap spot, put here making access to the entrance way closer and then that would also that extra 5 foot could give us an extra 5 foot buffer zone for that tree there also. I don't know what the technical ramifications are to put that handicap in that area. Kingsford: I think that depends on the designation of the easement, doesn't it counselor. If it is just an easement you own the property you can do with it what you want so long as it doesn't impact someone's availability to use that. Crookston: That is correct, pavement could be torn up or removed if access needed to be gained to the purpose of the easement. Shoemaker: Maybe 1 am using the wrong term, it is their right of way, this line is our actual property line, this dotted line we have property pins and that is our property line. So that is right of way that the County is not using right now, the curb is out here, we propose Meridian City Council November 15, 1994 Page 13 putting in 5 foot sidewalk and still ample room for a parking spot. Kingsford: I think you could use that for that so long as the highway district doesn't widen that street. Shoemaker: That is my assumption that it would be available and if they wanted to widen the street someday then we would lose that parking spot. Kingsford: Any questions for Mr. Shoemaker? Morrow: I have a couple of questions, we have in our packet a couple of letters from neighbors. Apparently this has become expanded from an original gift shop to the concept of a shop and a restaurant. I have noticed myself in driving by that it is apparently very successful which is a positive thing. But in the letters in our packet from a couple of the neighbors and speaking verbally to another one at some points in time parking at this place does infringe upon the neighbors usages of their properties and their parking even though they are public streets. It seems to be sensitive to try and save the tree going from 9 to 6 spaces means that is 3 more spaces that are on the public street and impact the neighbors. It would appear to me that something needs to be done my you folks to help address and alleviate the problems with respect to the neighbors properties even with putting in the spaces because they certainly have rights to use their property free from your business impacting them. I am not exactly sure what I am suggesting here to you other than you need to be a little more sensitive or maybe alter business hours a little bit or something to make sure you are helping those folk out. In a new construction project the parking requirements would be very restrictive and they would be well tied to the building and so on and so forth and there would be a minimal impact on the general public parking. And so this is a situation where a business has gone from a very small neighborhood type business to a business that is fairly successful and it is having a greater impact on the neighborhood. I guess I might suggest that before it expands any more or has a greater impact that some consideration of those neighbors be taken into account. Kingsford: We will allow you to offer comment when he is finished, I don't want to see a family fight here. (Inaudible) Kingsford: Everyone will have a shot, it is a public hearing. Shoemaker: If I understand n Meridian City Council November 15, 1994 Page 14 Kingsford: I am not sure that is good idea for me to say shot and him talking about dead man's land and being that close to mortuaries is kind of an eerie thing, go ahead. Shoemaker: I am trying to remember exactly on the City code for restaurant and retail space, is it parking spot for every 200 square feet? Kingsford: I think there are 2 different things, isn't there a space, square footage and also for number of seating, if I remember correctly. I might be confusing that with water and sewer hook ups. Stiles: I think it is just based on square footage as far as I can remember. Shoemaker. I cam up with 1635 square feet of retail and restaurant space, I believe I can subtract kitchen and bathrooms and things like that, am I correct on that. Stiles: I believe it is based on gross floor area. Shoemaker: Okay, whether it is retail space. At the 1635 that would be 8 1/3 parking spots I don't know if we go up or is we round down if it is under 100 square feet. If it is at 8 with B6 and if I am allowed to do this one here I would be at 7 and that is within one and that is a lot of parking spaces compared to a lot of the downtown businesses if you want to look at amount of square footage. So 1 feel we are making a major step towards trying to be line with the needs of the neighbors and try and stay in line with what we are capable of doing and staying within the City ordinance. Tami Shoemaker, 1664 South Sportsman Way, was sworn by the City Attorney. Shoemaker: In your address, I understand when you said if we do anything more in expanding we need to look at that further down which if we do anything more we will not go and expand until we could have more parking which is something we have in the planning. If we do, we have talked to a close neighbor that we can buy some more property for some more parking. At this time we can't just like a lot of people in the downtown area cannot apply more parking. I see some on the list that are asking for variances that don't have any room for off road parking. Yes it has been successful, we have tried to be very cautious of our neighbors and are trying to be careful. One of, the things I would propose that the City could help with is if they would actually put lines on Main street, on East 1st street and actually say there is parking there. We have many and many that don't think they can park in those bulbs especially when they are coming from other out of town areas. And then they will park and take up 3 good parking spots because there is no actual line. I am very, I say this over and over it needs to be actual lines to say that is parking instead of just a little white line that you can't see especially. Meridian City Council November 15, 1994 Page 15 1 would propose, that would really help for the street parking. We are trying to, if we do expand we would not expand without being able to have ample parking later on. Kingsford: Thank you Tami. Lila Hill, 5175 Howry Lane, was sworn by the City Attorney. Hill: I own the property at 51 East Carlton which adjoins the Shoemaker's property. It is true, Tami has talked to me about the purchasing of my property and as long as my son Boyd is living there it is not for sale. So it eventually will be because I think someday Boyd will move from there. But as to the tree, if there was a way to fix it so that tree could be saved because that is a really special tree. It is the only tree of its type in the area, if it could be fixed so that now that the parking is on a angle that there could be even one more place between it and my property which would give that additional parking place and that might be looked into but I think there are ways of working around just so that there would be enough left that you get water to the roots of that tree. Because if the tree was there when I purchased that property almost 40 years, it was a growing tree at that time and it is a magnificent tree now and I would certainly hate to see it destroyed. But I think there might be ways of making parking around since they have gone to the angle instead of the straight which might make a dip in for the tree and room for another parking space. Their alley of course is narrow but so is Carlton Street, you have to really careful backing out of our property onto Carlton because if there is someone parked behind you there is not quite enough room. It is one of the narrower streets but I certainly, if there is anyway to save that tree let's try to do it. Kingsford: Anyone else from the public that would like to offer testimony on this? Roen Wilson, 1567 Leslie Way, was sworn by the City Attorney. Wilson: I cannot address the tree because I have not noticed the tree and I appreciate trees too. But I am concerned about the parking situation there and I have observed that when people come to the Cottage Expressions shop they usually stay quit a long time because they are eating there. I have seen cars there for an hour and a half. I don't know how many people they can serve but figure it out for yourself. Even if they had 8 or 9 parking spots that still being there that long a period of time causes a lot of congestion .and they are parking way up 1 st Street even on the other side of 1 st Street and on Carlton both ways. So I think that it is a real problem and I think it is going to be a bigger problem if off street parking isn't really careful addressed. Thank you Kingsford: Thank you (End of Tape) Counselor, how does that, need to have findings on a variance? Meridian City Council November 15, 1994 Page 16 Crookston: Yes we do. Kingsford: It is appropriate to direct the Attorney to prepare those. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to have the City Attorney prepare findings of fact and conclusions of law on the request for a variance on parking by the Shoemakers, all those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Mr. Mayor, could I ask a couple questions on this one. Mr. and Mrs. Shoemaker, on the garage, it says existing car port and patio to be enclosed, are you intending on using that as part of the restaurant patio is there anyway you can work something out that the garage area can be made into a parking area? (Inaudible) Corrie: It is already enclosed you can't tear the garage down? (Inaudible) Corrie: Is that green garage part of yours? (Inaudible) Corrie: It is a shed, I was wondering if there is anyway that can come down and be an extra parking for you? (Inaudible) Corrie: How many people do you serve at a time. (Inaudible) Kingsford: Those findings will be approved at the next meeting. Anytime you deal with a land use change under the Land Use Planning Act you have to have findings of fact and conclusions of law to take into account that testimony that was given and so forth and Meridian City Council November 15, 1994 Page 17 weight that against what the law is and our zoning ordinance and so forth and then make a decision based on that. So, what happens is Wayne will call each of the Councilmen and take their view as to what took place at the public hearing and examine that against the ordinances and see how that measure and make that a public finding. That is another way of saying it is avoiding the legal hassle of being sued and those sorts of things. Is that reasonably appropriate Counselor? Crookston: I will generally agree with your comment. Shoemaker: Because of this off road variance we have given temporary occupancy of the new addition, what does this do for our occupancy? Kingsford: Well, I would assume that your temporary occupancy is based on this variance being granted and so that will be in effect until such time the Council makes a ruling. ITEM #9: PUBLIC HEARING: VARIANCE REQUEST BY JOSEPH AND MARY daROSA: Kingsford: At this time I will open that public hearing and invite them or their representatives to speak first. Is there anyone from the public that would like to offer testimony on this issue? Julie Grapatin, 137 East Pine, was sworn by the City Attorney. Grapatin: Since they are not here does that mean nothing happens? I live right across the street and I am concerned about parking also. Kingsford: It doesn't mean that nothing will happen, this has been noticed and the public has an opportunity to give input this evening and this is the one public hearing that they get a chance to do that. Take whatever shot you would like. Grapatin: Since the beauty school moved in across the street from us, we don't have a chance to park in front of our house anymore or around our house. In fact I can't get in my driveway some days to get to my garage. If another business across the street is going to take more parking I just wonder what is going to happen there at Pine and 2nd. There is a lot of business and a lot of cars, there is not much room left. That was my only comment. Kingsford: Any questions the Council may have. Thank you, anyone else from the public that would like to offer testimony on this issue? Seeing none I will close that public hearing. We need to have findings prepared. Walt, did you have a comment? n MERIDIAN CITY COUNCIL MEETING: November 151994 APPLICANT; TAMI AND JAMISON SHOEMAKER AGENDA ITEM NUMBER: 8 REQUEST;VARIANCE REQUEST BY TAMI AND JAMISON SHOEMAKER AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS SEE ATTACHED COMMENTS "REVIEWED' SEE ATTACHED COMMENTS �u A SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 8884433 • FAX (208) 8874813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TO: Mayor and Council FROM: Shari L. Stiles, Planning & Zoning Administrator DATE: November 10, 1994 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning SUBJECT: Variance Request for Off-street Parking Requirements - Tami and Jamison Shoemaker This request was precipitated by the Applicants' increasing the restaurant area, thus adding to the parking necessary. The Applicants participated in the East First Street LID to improve the current on -street parking. I believe the retention of the existing tree is a valid reason for granting the variance, and I recommend approval provided neighboring properties are not adversely affected and all other agency and staff conditions are met. OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 8, 1994 TRANSMITTAL DATE: 10/24/94 HEARING DATE: 11/15/94 REQUEST: Variance Request for Tami and Jamison Shoemaker BY: Tamil and Jamison Shoemaker LOCATION OF PROPERTY OR PROJECT: Comer of E. Carlton and East 1st Street JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C _WALT MORROW, C/C _MAX YERRINGTON, C/C _WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY CITY ENGINEER _CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PRECE E -4 ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION 0 C T 3 1 1994 CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT CITY Q SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAUOF LAMATION(PRELIM & FINAL P CITY FILES OTHER: YOUR CONCISE REMARKS: OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 8, 1994 TRANSMITTAL DATE: 10/24/94 HEARING DATE: 11/15/94 REQUEST: Variance Request for Tami and Jamison Shoemaker BY: Tami and Jamison Shoemaker LOCATION OF PROPERTY OR PROJECT: Comer of E. Carlton and East 1st Street JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z _CHARLES ROUNTREE, P2 _TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C _BOB CORRIE, C/C _WALT MORROW, C/C _MAX YERRINGTON, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PT . ADA COUNTY HIGHWAY DISTRICT RECEWL, ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH OCT 2 6 1994 -SETTLERS IRRIGATION AITION D SOTR CT DISTRICT CITY Uy.. 1A LAAAAI`i IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES % OTHER: LO 'off Cg �y YOUR CONCISE REMARKS: Tfit 3' , 11�i o -o S iJ a "f /- ;LENN J. RHODES, President SHERRY R. HUBER, Vice President .AMES E. BRUCE, Secretary i elp W-*4j_VV_V SUBJECT: ACHD Commission Development Services RECEWD"', NOV 4 _TNTER-DEPARTMENT C!'111 ,J 3 CORRESPONDENCE ,�.HOEMKR.VAR/DSTECH 11-9-94 Variance from Parking Standards DATE: November 4, 1994 1031 E 1st, Meridian (Applicant - Tami and Jamison Shoemaker, 1664 Sprortsman Way, Meridian ID 83642) PRELIMINARY REPORT - NOT FINAL UNTIL APPROVED BY THE ACHD COMMISSION FACTS & FINDINGS: 1. The applicant is requesting a variance from the City of Meridi- an's standards and proposes to have 6 -parking stalls perpendic- ular to the alley along the site's south side. The site is located at the southwest corner of Carlton and 1st Street. 2. GENERAL INFORMATION: LEAD AGENCY - City of Meridian ACRES - 0.25 SQUARE FEET OF PROJECTED BUILDING - 325 ZONING - Commercial - ESTIMATED VEHICLE TRIPS PER DAY - 20 TRAFFIC ANALYSIS ZONE - 270 L.F. OF FRONTAGE ON lst Street - 125 MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE -TO -RIVERS PATHWAY PLAN - Route EXISTING RIGHT-OF-WAY - 72 -feet REQUIRED RIGHT-OF-WAY - No additional right-of-way required 1st Street is improved with a 49 -foot street section and a 12 -foot wide sidewalk with 2 -feet of brick pavers. L.F. OF FRONTAGE ON Carlton - 110 MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Local ADA COUNTY RIDGE -TO -RIVERS PATHWAY PLAN - No pathway shown EXISTING RIGHT-OF-WAY - 42 -feet REQUIRED RIGHT-OF-WAY - No additional right-of-way required. ada county highway district 318 East 37th - Boise, Idaho 83714 - Phone (208) 345-7680 Variance - 1031 E ^9t Parking Standards AO -S November 4, 1994 Page 3 pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. 3. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: Karen Gallagher - OL91�!!► (QOL) 7110H LL£f-L9f (40Z) mal /gq;m - - - InN 040PI •off\ *K '*/s •Wnos NWS uMI tzzI NOWN i r:,. .+ter Yry cmomy" Tyra qm 1SBMHJ.ZION 321 OLLIHOMV �aN�—N VIQ18a NO111aab aNV 13C SNOISS3UdX3 3LDV I I �� i3gik l I I x�l�k I I 1 I' CENTRAL •• DISTRICT HEALTH DEPARTMENT Rezone # Conditional Use # Preliminary / Final / Short Plat REVIEW SHEET Environmental Health Division ❑ I. We have Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. Return to: NO V 0 3 1994 ❑ Boise ❑ Eagle U1 f Dir Mr-" ANO Garden city Meridian ❑ Kuna ❑ ACz ~-- VAk JA -n) c ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet ❑ 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 9. Street Runoff is not to create a mosquito breeding problem. ❑ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 12. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store 13. lyD D13I Gc:arJS q Date: Reviewed By:�'^ fDHD 10/91 rcb, rev. II/93 jll To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: - November 8, 1994 TRANSMITTAL DATE: 10/24/94 HEARING DATE: 11/15/94 REQUEST: Variance Request for Tami and Jamison Shoemaker BY: Tami and Jamison Shoemaker LOCATION OF PROPERTY OR PROJECT: Comer of E. Carlton and East 1st Street JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z _CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z _GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C _MAX YERRINGTON, C/C _WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: Nampa & Meridian Irrigation DicYr;r_t hag no comment- on thp variance request for .C8d[t1 nXId JnIIl1Snn Shnamakar Bill Henson Assistant Water Superintendent Nampa & Meridian Irrigation District NOV - 7 19`91111 CITY OF NEI_ I A = HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer RONALD R. TOLSMA GARY D. SMITH, P.E. City Engineer CITY OF MERIDIAN MAX YERRINGTON ROBERT D. CORRIE BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief MERIDIAN IDAHO 83642 Planner & Zoning Administrator WAYNE G. CROOKSTON, JR., Attorney Phone (208) 8884433 • FAX (208) 887-4813 JIM JOHNSON Public Works/Building Department (208) 887-2211 Chairman - Planning &Zoning GRANT P. KINGSFORD Mayor pi TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT'PTtOJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: - November 8, 1994 TRANSMITTAL DATE: 10/24/94 HEARING DATE: 11/15/94 REQUEST: Variance Request for Tami and Jamison Shoemaker BY: Tami and Jamison Shoemaker LOCATION OF PROPERTY OR PROJECT: Comer of E. Carlton and East 1st Street JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z _CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z _GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C _MAX YERRINGTON, C/C _WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: Nampa & Meridian Irrigation DicYr;r_t hag no comment- on thp variance request for .C8d[t1 nXId JnIIl1Snn Shnamakar Bill Henson Assistant Water Superintendent Nampa & Meridian Irrigation District NOV - 7 19`91111 CITY OF NEI_ I A = RECEIVED 0 V - 8 1994 CM OF MERIDIAN Loren and Gayla Ross 50 & 52 E. State Meridian, ID 83642 (208) 888-7557 William G. Berg, City Clerk City Council City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 TO WHOM IT MAY CONCERN The following is in response to the proposed application of Tami and Jamison Shoemaker for a parking variance. Upon review of the site plan proposed for additional parking along the alley consisting of 6 parking slots, I have several concerns. One concern is that the area be self monitored/policed to assure that the alley is open at all times and that overflow does not consume parking slots on my property. Another concern is that the alley is one way proceeding west. That means a considerable increase of traffic down the alley. Is there any remedy for dust that either the City or Shoemakers would be willing to participate in? Upon further study of the site plan, is it possible that the parking slots be positioned at either a 45 or 60 degree angle for ease of use? It would appear that a 90 degree placement w/only a 20' depth off of a narrow alley would result in an almost impossible angle to negotiate. The Shoemakers have been good neighbors to us and in no way is the above presented to put an undue obstacle in the way of their progress. Sincerely, Loren and Gayla Ross RECEIVED N 0 V 1 4 19941 CITY OF MERMAN 7—o / ej,1 d / qA Cl �fV Cj) Uh4, On ti* ✓&r 14hu- GA+- /0.31 t�1 / 14*1 K f�ey n4ad -jv have q4- "-I+ ti i r,k mar-kt;" Spm ie -00 a; .j . it +k., q rcA, - - ec.,-�vre e1 uM s 44ve ► ccth 9-#•1- - os� dark; •, 9 Rv ka " -Pot- 4u v—e i 4wi b c+ Etkst Cck l f -ova . h 4s yo+kK wovse 6,r-awk w4 doti,+ have mock P&t kih9 bo-h%P%d Dur h ouseS. A,44,&-, ��tltl liu- � j -S rlc rro by) 4 U,,Aa. Cars ar(- Po -k- kLto or, b DA S►&4 cW 44 s�,4-+ j 4- ICc, fro PAST Tr-- ca"ri-gr off. Ect9�- C tA+cr\, + /0 5f-'--a-f h ed hqv< ilu pt-ko-1 °b Cars we- cah hat/4 }-k4 t /q(, -T n �q qc ,qi,n S4- fkcby S'nei5 Vii~ � h]1� Q CC n.5wei,- o'h -ft- J)- v-- * a ppre.,&v-p\ -& *L S+&vd&A Po va •; u hc.c Sats I' f all, Tnc No4- Ou jk j?vom. LA, 3�C�=�rf foh to ex fes® P,;,6/1,L o- r—"y A., 14 Tu dc�y On ti* ✓&r 14hu- GA+- /0.31 t�1 / 14*1 K f�ey n4ad -jv have q4- "-I+ ti i r,k mar-kt;" Spm ie -00 a; .j . it +k., q rcA, - - ec.,-�vre e1 uM s 44ve ► ccth 9-#•1- - os� dark; •, 9 Rv ka " -Pot- 4u v—e i 4wi b c+ Etkst Cck l f -ova . h 4s yo+kK wovse 6,r-awk w4 doti,+ have mock P&t kih9 bo-h%P%d Dur h ouseS. A,44,&-, ��tltl liu- � j -S rlc rro by) 4 U,,Aa. Cars ar(- Po -k- kLto or, b DA S►&4 cW 44 s�,4-+ j 4- ICc, fro PAST Tr-- ca"ri-gr off. Ect9�- C tA+cr\, + /0 5f-'--a-f h ed hqv< ilu pt-ko-1 °b Cars we- cah hat/4 }-k4 t /q(, -T n �q qc ,qi,n S4- fkcby S'nei5 Vii~ � h]1� Q CC n.5wei,- o'h -ft- J)- v-- * a ppre.,&v-p\ -& *L S+&vd&A Po va •; u hc.c Sats I' f all, Tnc No4- Ou jk j?vom. LA, 3�C�=�rf foh NXNAInlub NOV141994 CITY OF MERIDIANJ I- /3- `� Ll TO Met-- 14A Ct'JV c, uh4.I -�T7 Wi li r,of- )W- "Ll, tO allgAd h On't* J&v-iuh c44- /031 L—*Sf .-T -t�611< tf ey n4 -ad '�o hawe q'- LaA-,j+ Vit t htt_ 6Q,r k " ' PP6 C. -� e=-00111' Jr,44 . +%t4 qrc,j1i 4 -e<, -i -u► -e e1 S - 7► Cc ty\ g.,L+ Aa 0 park;.,9 'S -PQ &0-�S L v; +i,, oL+ -j ,�, k ti9 } 4�u rn"ie- ti, --,e . Pat/ ki k j -Go - +J1.0- 1-'e i,4-tq n 4 E64St Cci0toh , h 4S y &++&h wovse auk 4 coo,,+.+ have muck �+-ki k �hi+� our // h ouw- ho -fhtlt� ftu- ' 1-f YlAv-r-t) w 4 Usha, Gars aro- P&;--64 0►, b Sk&4 51-w- 4x+ j i- I'S h&,4� -, two Cc*.,- s -iv e4gS . #If0 �t- Co"Pe¢ - o� Eas4- Gw-1¢ov-, * /0 5f-r-�,f• ii, � 4-:, `1qv-e- Ila pit-ki`y,q 06 1f'(X,rs So we_ Cah ha v,4 f -L 4v se� +o 94 0 J�S''r¢if- -J- (,e Y)Auq q-qj'n sf fl�x bu s.-ness 6 t- T k -f C V%5wei,- oVj '#-' JX of agprcd%, gym- ff,& 5+ A f -or va,4a r►c4- Sots if atl, JA.,A-_ VQ -0 3 1 &t, C( - l /V h ccnc GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary TO: TAMI & JAMISON SHOEMAKER 1664 SPORTSMAN WAY MERIDIAN ID 83642 November 10, 1994 FROM: Karen Gal he r ' ator Developm t s SUBJECT: MERIDIAN V - 10 1ST PARKING STANDARDS Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on November 9, 1994. The attached staff report lists the conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. LS CC: Development Services Chron MERIDIAN CITY HILL ada county highway district 318 East 37th • Boise, Idaho 83714 9 Phone (208) 345-7680 v INTER -DEPARTMENT CORRESPONDENCE SHOEMKR.VAR/DSTECH 1.1-9-94 GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary TO: ACHD Commission DATE: November 7, 1994 FROM: Development Services SUBJECT: Variance from Parking Standards 1031 E 1st, Meridian (Applicant - Tami and Jamison Shoemaker, 1664 Sportsman Way, Meridian ID 83642) FACTS & FINDINGS: 1. The applicant is requesting a variance from the City of Meridi- an's standards and proposes to have 6 -parking stalls perpendic- ular to the alley along the site's south side. The site is located at the southwest corner of Carlton and 1st Street. 2. GENERAL INFORMATION: LEAD AGENCY - City of Meridian ACRES - 0.25 SQUARE FEET OF PROJECTED BUILDING ADDITION - 325 ZONING - OT (Old Town) ESTIMATED VEHICLE TRIPS PER DAY - 20 TRAFFIC ANALYSIS ZONE - 270 L.F. OF FRONTAGE ON 1st Street - 125 MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE -TO -RIVERS PATHWAY PLAN - Route EXISTING RIGHT-OF-WAY - 72 -feet REQUIRED RIGHT-OF-WAY - No additional right-of-way required 1st Street is improved with a 49 -foot street section and a 12 -foot wide sidewalk with 2 -feet of brick pavers. L.F. OF FRONTAGE ON Carlton - 110 MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Local ADA COUNTY RIDGE -TO -RIVERS PATHWAY PLAN - No pathway shown EXISTING RIGHT-OF-WAY - 42 -feet REQUIRED RIGHT-OF-WAY - No additional right-of-way required. ada county highway district 318 East 37th • Boise, Idaho 83714 9 Phone (208) 345-7680 Variance - 1031 r^"'.st Parking Standards November 4, 1994 Page 3 pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. 3. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: NOV 0 91994r Karen Gallagher T AGE EXPRESSIONS DEL AND ADDITION MPOSED WgM14DICX LAP- "PAV-Y, NG OFF ACLLEY VF T AGE EXPRESSIONS DEL AND ADDITION MPOSED WgM14DICX LAP- "PAV-Y, NG OFF ACLLEY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 8, 1994 TRANSMITTAL DATE: 10/24/94 HEARING DATE: 11/15/94 REQUEST: Variance Request for Tamil and Jamison Shoemaker BY: Tami and Jamison Shoemaker LOCATION OF PROPERTY OR PROJECT:__ Corner of E. Carlton and East 1st Street JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z _CHARLES ROUNTREE, P2 _TIM HEPPER, P/Z _GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C _WALT MORROW, C/C _MAX YERRINGTON, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ,.N ' HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN RONALD R. TOLSMA MAX YERRINGTON GARY D. SMITH, P.E. City Engineer ROBERT D. CORRIE BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN IDAHO 83642 Planner & Zoning Administrator W.L. "BILL" GORDON, Police Chief r WAYNE G. CROOKSTON. JR., Attorney Phone (208) 888-0433 • FAX (208) 887-4813 JIM JOHNSON Public Works/Building Department (208) 887-2211 Chairman -Planning &Zoning GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 8, 1994 TRANSMITTAL DATE: 10/24/94 HEARING DATE: 11/15/94 REQUEST: Variance Request for Tamil and Jamison Shoemaker BY: Tami and Jamison Shoemaker LOCATION OF PROPERTY OR PROJECT:__ Corner of E. Carlton and East 1st Street JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z _CHARLES ROUNTREE, P2 _TIM HEPPER, P/Z _GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C _WALT MORROW, C/C _MAX YERRINGTON, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: 1 CITY OF MERIDIAN 33 E. IDAHO AVE. MERIDIAN, IDAHO 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) NAME: La Y �`l 1 <l L� C� 1�� ryl i SC a -, ��-e 4� c e (Owner or holder of valid option) ADDRESS : I (t' � q C� GENERAL LOCATION: ,(L. L PHONE LEGAL DESCRIPTION OF PROPERTY.: PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION � L I t� Ll� `'� �' ' 6-1-o A ' °ry' VICINITY SKETCH: Avicinity streetsmap existingscale andapproved proposedbzonthe ngCity and showing property lines, such other items as the City may require. SURROUNDING PROPERTY OWNERS: A list f l pross p he stey oentr and addresses within contiguoug to, directly a 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: Date Received Received By CITY COUNCIL RECORDS City Council Hearing Date APPLICAATI0N AND STANDARDS FOR VARIANCE 1. 1031 E.1ST STREET MERIDIAN, IDAHO 83642 2. TAM! L. SHOEMAKER 1664 S.SP0RTSMAN WAY MERIDIAN, ID 83642 (208) 888-6855 3. TAMI L. & JAMIS0N R. SHOEMAKER 1664 S. SPORTSMAN WAY MERIDIAN, ID 83642 (208)888-6855 4. SEE ATTACHED COMMUNITY IT IS THE OLDEST LIVING BLACK LOTS - 16 TO 18 INC. E 1/2 OF LOT 19 - BK 6 MERIDIAN F.A. 5. KILL THE TREE. ALSO A LARGE AREA OF BEAUTIFUL GROWING N0URSES 2ND ADD. GROWING IN THE AREA WILL 6. PRESENTLY BEING USED AS A GIFT SHOP WITH A TEA AND LUNCH ROOM 7. SAME AS ABOVE BUT WE ARE ADDING AS MUCH OFF STREET PARKING AS WE CAN. WE NEED YOU TO SAY "0K". 8. WHAT KIND OF DISTRICT? I GUESS MERIDIAN 9.- 11. SEE ATTACHED 12. JUST NOT ENOUGH ROOM. 13. WE SHOULD HAVE 9 OFF STREET PARKING SPACES WE CAN GET THESE BUT BECAUSE OF A VERY OLD AND IMPORTANT TREE LOCATED IN THE AREA, FOR THE PROPOSED PARKING, WE ARE NO ABLE TO PUT 3 OF THE PARKING SPACES IN. 14. THIS TREE HAS HISTORICAL VALUE TO THE MERIDIAN COMMUNITY IT IS THE OLDEST LIVING BLACK MAPLE IN THE AREA IF WE PUT PARKING BY IT WE WILL KILL THE TREE. ALSO A LARGE AREA OF BEAUTIFUL GROWING TRUMPET VINE WHICH IS GROWING IN THE AREA WILL BE L0ST, WILL RUIN THE LANDSCAPE OF THE BACK YARD. 15. SEE ABOVE. 16. SEE ABOVE 17. MANY DOWN TOWN BUSINESSES ARE UNABLE TO MEET THE REQUIREMENT FOR OFF STREET PARKING SPACES. 18. WE DID NOT PLANT THE TREE. 19. SAME AS 17 20. NONE THAT 1 KNOW OF. r ,cis I a Fk-f EXIaTW.s STREET 6m VJW , 8'> lo' r c.' GB B qF'a` - PC -P ' j rev p tt4 I {Y4-. WA � t SDI . %" C. w.aano Meridian, Idaho 83642 888-4433 LD BY I CASH I C.O.D. I CH Phone: ON ACCT. I MDSE. RETD. I PAID OUT �'�'�► -.'111! WIN All claims and returned go 003053 By� G5 202 2 PRINTED IN U.S.A. MIN MU 00Z accompanied by this bill. TAX k TOTAL 273 i242 WEST ONE BANK, IDAHO 92.1No, 14E MERIDIAN OFFICE OS 1241 COTTAGE EXPRESSIONS POST OFFICE Box 408 MERIDIAN, IDAHO 83642 1031 E. 1ST STREET MERIDIAN, IDAHO 83642 (208) 888-6829 PAY THE O ORDER OF IIII00 148411' 1: L 24 L000 19l: L 1000 S 13 S 1681I■ JOHN & ELLEN R0BBINS 32 E. STATE MERIDIAN, ID 83642 1)0R0THY MCCLURE 38 3E. STATE MERIDIAN, ID 83642 1 0REN & GAYLA R0SS 0F0R 46 E. STATE) & 1383 LINDERW00D MERIDIAN, ID 83642 (52 E. STATE> Wm. DEAN & D0R0THY MAYES C/0 CIRCLE K C0RP. #445 P.O. BOX 52084 PH0ENIX, AZ 85072-2804 (F --0R 66 E. STATE) 47 E. CARLT0N MERIDIAN, ID 83642 LILA FAY HILL (F0R 51 E. CARLT0N) 5175 H0WRY LN MERIDIAN, ID 83642 GE0RGE J. & BETTY MAE JERREAD (FOR 105 W. CARLT0N) C/0 CHAPEL 0F THE CHIMES P.0. B0X 255 MERIDIAN, ID 83642 DENNIS E. & JOAN M. NIELS0N 1012 E. IST MERIDIAN, ID 83642 WALTER R. & VIRGINIA L. JOHNSON (F0R E. 1ST) 1.083 N. JUSTIN PL MERIDIAN, ID 83642 �c w`u*& 1115 E. IST MERIDIAN, ID 83642 DEAN MERRELL 28 E. CARLT0N MERIDIAN, ID 83642 RAYMOND GR0SS0 36 E. CARLT0N MERIDIAN, ID 83642 TRAVIS DASTICK 48 E. CARLT0N MERIDIAN, ID 83642 MARK DALE 31 E. CARLT0N MERIDIAN, ID 83642 MARGARET E.MATHEWS (F0R 35 E. CARLT0N> 2104 LEMHI CR. B0ISE, ID 83705 ANGUS HILL (F0R 1123 E. 1ST> 5,340 S. EAGLE RD. MERIDIAN, ID 83642 U.S. POSTAI SERVICE 850 CHERRY LANE SAN8RUN0, CA 94099— 0330 #3605 CRAIG D0WNUM 41 E. CARL T0N MERIDIAN, ID 83642 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 p.m., on November 15, 1994, for the purpose of reviewing and considering the Application of Tami and Jamison Shoemaker, for a Variance request for land located on Lots 16 - 18 and the East 1/2 of Lot 19 of Block 6 in F.A. Nourses 2nd Addition, Boise Meridian, Ada County, Idaho, and which property is generally located on the corner of E. Carlton and East 1st St. The Application requests a Variance to the off street parking ordinance. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 24th day of October 1994. n WILLIAM G. BERG, JR., CITY CLERK Q v .. 76 ELµ 6ELM AV. ZZ ` Icy, I O zz3 Awe. ti 4 J.Y.Zi 3¢3s MAPLE AV. zz3Soo Q Z.2-357 a %co z Z.3.r -3 Q CHERRY AV. I J .� y O ; v � �jyo�jl `7i cc 05, WASHINGTON V Is U zi u Zi j& 17 16 14 wto A I 4# 3c a STATE /-AV. .: 't Li volt SLA AUG 14 2000 CITY OF IRIDIAN PLANNING & ZONING (e--6 �usfrafeG�' moo/ o�icj/-y--Co�r�'er/�ih� � �j O!9 1-5-1,free Ile IfIv a�z/ �i� n �074G1 S'iG�LS- •�/D�;'Y/�//y /�i/riOeLIJ�.S 1116le we/ r `-�- or nes L�. �. Du)fiPv GEIVEi Leonard Maurer 0 C T 1 7 2000 41 E. Carlton Ave Cl i14.1 RTDIAN Meridian, I. D. 83642 PLA.N�4�� October 17, 2000 Meridian Planning Zoning 200 E Carlton Ave. Meridian I. D. 83642 Re. Street Parking on Carlton between 1st. & Meridian Rd. I recently purchsed a home at 41 Carlton Ave. I would like to be able to park on the street at various times during the day, but from 11: a.m. to 3 :p.m. the street is packed with parked autos ,who's owners are eating at The Cottage Expressions Tea House. I can see that The Elegant Nails business has a parking lot off of Carlton & Meridian rd. as does EPI' S and the beauty shop on I st at Carlton. Can you explain why the Cottage Expressions appears to be exempt from furnishing enough parking for there coustomers ? The alley parking is NOTan answer, it is NOT adequate. This is certainley a strange situation. I appreceiate your attention in this matter. Sincerely, onard Maurer RECEIVED �7p�R�" MAYORS OFFICE CITY OF MERIDIAN � X�resSiahs _ c- �' O D- V1,ma-�_ �-- ----��-------------- c t less -}- and S tote =5 `-o n �I pu 1 a�I yl Y%�� t' i h 9S4-0 Yj a,ppe 3r ire- _ b Y� e_ �(e 5 l � S T e Uv-. a i n bor hbccl Some- aue Veto q o� ►pus+r_at a� n u e- r_ '4 h f_-A�:1 IIA_ s °5e - o- yvv-3i h� r1 Y e-h_a lS -r2y)-NaA`n aCA-i_U ed -__j i_S S-a+iS��-e� -- -.-_ _ _ 1 r_o to e-m S- -.\r--e abed _ ��- q -Q�2-pli u _ �_� _ __ __� X._l. � _fi_.a _i� � _ �-=_.�--i�.-3.-u .e. � e_ .�-n-.�.d'�-F2r�-a(_►_ _ ___ 'cntg eA S& c 660 E. Watertower Lane, Suite 202 Meridian, ID 83642 facsimile transmittal To: Mr. Jack C. Riddlemoser Fax: 888-1323 From: Shari Stiles Date: 04/20/01 Re: Cottage Expressions Parking Pages: 3 CC: City Clerk ❑ Urgent 0 For Review ❑ Please Comment ❑ Please Reply ❑Please Recycle _ TAMI SHOEMAKER CONDITIONAL USE PERMIT 1031 EAST FIRST F.A. NOURSE 2ND ADDITION No ry� 1 4,P June 12, 1998 ly Cottage Expressions C/O Tami and Jamison Shoemaker 1031 E. 1" Meridian, Idaho 83642 Dear Mr. and Mrs. Shoemaker: It has come to my attention that your business establishment is in violation of the City of Meridian's Wastewater Pretreatment Ordinance. The Wastewater Department staff has informed me that your business produces grease, and other substances, which enters into the sewer lines in violation of the City's Ordinance. The applicable section of the Wastewater Pretreatment Ordinance states: "Grease, oil and sand interceptors shall be provided when they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil or sand." Meridian's Wastewater Pretreatment Ordinance Section 7-704(8). Furthermore, Section 7-704(2) of the Meridian Wastewater Pretreatment Ordinance states: "No user shall contribute or cause to be discharged, directly or indirectly, any of the following described substances into the wastewater collection system or treatment facilities." Section under 7-704(2)(e), prohibits a user from contributing or discharging into the waste collection system, and goes on to state: "Any solid or viscous substances which will or may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater system such as, but not limited to: grease ..." Clearly, the deposit of any grease or oil substances into the sewer without the use of an interceptor is a violation of the City Ordinance. It is important that you contact the Meridian Wastewater Department (888-2191) within 7 days from the date of this letter to set up an appointment to discuss a solution to this violation. Failure to contact the Meridian Wastewater Department (888-2191), and set up an appointment, shall cause the City to proceed with all legal remedies. Section 7-723.03 sets forth the procedure the City shall follow to enforce the Wastewater Pretreatment Ordinance. The legal remedies the City shall pursue, if an appointment is not set and a solution is not obtained, are set forth in Sections 7-724.01, 7- 724.02, and 7-724.04. Any user violating Meridian's Wastewater Pretreatment Ordinance shall be liable to the City for a civil penalty of $1,000.00 per violation. Further, any violation of Meridian's Sewer Usage Ordinance carries a penalty of $300.00 per violation. Each day upon which a violation continues or occurs, under each ordinance, shall constitute a separate violation. Please set up an appointment within 7 days from the date of this letter to address these violations. The Wastewater Department number is 888-2191. The contact person is Celeste Vialet. Mrs. Vialet anticipates hearing from you within 7 days from the date of this letter. John Prior Assistant City Attorney JP/msg AMBROSE, FITZGERALD & CROOKSTON Atlomaya and Counaalon P.O. Box 427 Mwldlan, Idaf�o $7642 TOWIhona 6664461 BEFORE THE MERIDIAN PLANNING A -ND ZONING COMMISSION TAMI SHOEMAKER CONDITIONAL USE PERMIT 1031 E. FIRST STREET MERIDIAN, IDAHO PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing February 13, 1990, 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 Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for February 13, 1990, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 13, 1990, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of AMBROSE, FITZGERALD i CROOKSTON Attorna" and Couneews P.O. Boa 427 Meridien, Idelw !3642 Telephone 686.4461 Meridian and is owned by the Applicant and is described in the application which description is incorporated herein. 3. That the property is zoned Old Town (OT), which requires a conditional use permit for the operation of a custom decor and gift shop which the application requests; that the proposed use is a retail store; that in Old Town conditional uses are generally required for any use where the property was not previously used for that purpose. 4. That the 0-T District is described in the Zoning Ordinance, 11-2-408 B. 10 as follows: (O -T) OLD TOWN DISTRICT: The purpose of the — _Uistric t is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi -public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium- high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City center. The district shall be served by the Municipal Water. and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 5. That the use proposed by Applicant is an allowed conditional use in the O -T district, 6. That other property in the area is used commercially and residentially; that the property to the south is used commercially; the property to the east is a mortuary and AMBROSE, FITZGERALD A CROOKSTON Attorr ys and COUrk" Wa P.O. Box 427 MaAdlan, kWw ON42 Tat WW4 ON 4461 funeral business; the property to the west is residential; the property to the north has previously been used commercially; the property kitty corner is owned by the U.S. Post Office and is proposed to be used as a post office. 7. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. 8. That the building on the property is presently used as a residence. 9. That the Applicant stated that the 325 square feet closest to Carlton Street would be used for the business; that she would supply two (2) off-street parking spaces on the north side of the house; and that she would meet the sign code. 10. That the area has a large traffic count presently and is expected to increase, at least until the Eagle Road/i-84 interchange is completed. 11. t That sewer and water is already connected to the property, but the use may require additional charges or fees. 12. That the City Engineer submitted comments and they are incorporated herein as if set forth in full herein. 13. That the Ada County Highway District (ACRD) submitted comments and they are incorporated herein as if set forth in full herein. 14. That Richard Orton submitted written comment objecting to the application; that no public comments were given at the hearing. 15. That the Applicant did not need to submit petitions AMBROBE, PnzaERAW & CROOKBTON Atlw" &ld Gb�rwMw� P.O. !wc 427 Mwkio mew 03W TMkPh0m8N.44 1 signed by at least 75% of the people owning property within 300 feet of the property indicating their approval of the use of the property as requested by Applicant since the property is in the O-ld Town District. 16. That there may be improvement to streets and sidewalks for part of the area around the Applicant's property, as part of a possible local improvement district. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have .t been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property; that obtaining the consent of 75% of the owners of property within 300 feet of the external boundaries of the Applicant's property is not required. 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 Compiled 'ordinances of the City of 'Meridian; 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(0) of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 4. That 11-2-418(C) of the Revised .and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning.Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit 'is required by ordinance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional Ise permit to allow the use. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not inv;�lve a use, f activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive cproduction of traffic or noise. ;:h. That sufficient parking for the property and the proposed use will be required. i. The development and uses will not AMBROSE, result in the destruction, loss or damage of FITZGERALD a natural or scenic feature of major L CROOKSTON importance. AtlornWe end 5. That the comments of the City Engineer must be met and P.O. Box 4V W WWn. kWw 83W complied with. 6. That site specific requirement No. I of the ACHD need not be met; that site specific requirement No. 2 need not be met at this time, but maybe required at a later date if the local improvement district (LID) does not perform the work or if the LID does not do all of the sidewalks, and then Applicant will have tows a condition of this conditional use permit. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED (COMMISSIONER. ROUNTREE VOTED COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION Th4e Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they AMBROSE, FITZGERALO approve the Conditional Use Permit requested by-the Applicant aCROOKSTON for :the property described in the application with the Anornsys snd CounsNon P.O. Box a? 07642 ToMphom 668.4461 conditions set forth in the Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, the fire and life safety codes, and the Uniform Building Code, and other Ordinances of the City of eridian, MOTION: APPROVED: AMBROSE, FITZGERALO A CROOKSTON Anomaya and Counaalora P.O. Box 427 MWWI&n, Idaho 83642 Talaphorn 8061461 DISAPPROVED: CENTRAL DISTRICT HEALTH DEPARTMENT ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET Return to: _ Rezone # DECO e BoiseEagle Conditional Use # 177 -RI ,6 R e APi�i f7- L,- Meridian Preliminary/Final/Short Plat kuna ACZ 1. We have no objections to this proposal. 2. — We recommend denial of this proposal. 3. _ Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. 4. _ We will require more data concerning soil conditions on this proposal before we can comment. 5. _ We will require more data concerning the depth of (high seasonal ground water)(solid lava) from original grade before we can ccmment concerning individual sewage disposal. 6. _ We can approve this proposal for individual sewage disposal to be located (2,4) feet above solid lava layers. 7. _ We can approve this proposal for: _Central sewage _Interim sewage _Individual sewage _ Camirdty sewage system and Central water Individual water _ Community water well. 8. _ Plans for _Central sewage _Camuni.ty sewage system _Sewage dry lines, and _Central water _Community water must be submitted to and approved by the Regional Health and Welfare Environmental Services Field Office. 9. Street runoff is not to create a mosquito breeding problem. 10. _ This department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 11. _ If restroom facilities are to be installed then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 12. _ We will require plans be submitted for a plan review for any (food establishment)(beverage establishment)(swinming pools or spas)(grocery store). 13. 2 D Reviewed by / Date MERIDIAN CITY COUNCIL MARCH 6, 1990 PAGE V Giesler: Nampa -Meridian also had some comments were those taken care of? Briggs: Yes those have been or will be taken care of. Tolsma: Is there anyone else who wishes to testify? Being no response, the Public Hearing was closed. The Motion was made by Giesler and seconded by Myers to approve the Final Plat on Meridian Manor #6: Yerrington: I think that should be amended to Gary Smith's letter. The Motion made by Giesler and seconded by Myers was withdrawn. The Motion was made by Giesler and seconded by Myers to approve the -Final Plat on Meridian Manor #6 with -making tfie necessary changes . from the comments --of the City Engineer. - --- - Motion Carried: All Yea: ITEM #3: PUBLIC HEARING: VARIANCE REQUEST BY INTERWEST FINANCIAL: STREET LIGHTS IN CHATEAU MEADOWS EAST: Tolsma: I will Open the Public Hearing, is there anyone who wishes to tesify? This is for putting in post lights instead of street lights, they come on at dark and go off in sunlight. The only comment that the Engineer had was to have some way to enforce burned out bulbs. Myers: Have you talked to anybody about that Gary? Engineer Smith: No I haven't yet. I picked up on a comment from Chief Bowers, when he drove through at Meridian Greens it seemed that there was a lack of light being on for one reason or another, it is something to talk about, some way to improve these lights. When all the lights are on and working it's a good thing but when light start burning out and people don't replace them it -gets to be a problem.) Giesler: I think that Mr. Smith has a very good point. When all the lights work it is nice, but when all the lights are not on it's a problem. Tolsma: Being there is no one present who wishes to testify on this, I will close the Public Hearing. Moe Alidjani: There are also some areas that won't be built on and those areas are real dark. Giesler: How important is it that Interwest knows tonight on this? The Motion was made by Myers and seconded by Yerrington to have the Attorney prepare the Findings of Fact and Conclusions of Law. Motion Carried: All Yea: - -- I� #4 • Y CONDITIONAL USE PERMIT FOR TAMI -SHOEMAKER AT 1031 EAST FIRST STREET: PROPERT-y IN OLD TOWN DISTRICT: MERIDIAN CITY COUNCIL MARCH 6, 1990 PAGE #3 The Motion was made by Giesler and seconded by Myers to approve the Findings of Fact and Conclusions of Law for Tami Shoemaker at 1031 East First Street: Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea: Motion Carried: All Yea: The Motion was made by Giesler and seconded by Yerrington to approve the Conditional Use Permit for Tami Shoemaker. Motion Carried: All Yea: ITEM #5: PRE -TERMINATION HEARING: WATER/SEWER/TRASH DELINQUENCIES: Tolsma: This is to inform you in writing, if you choose to, you have the right to a pre- determination hearing at 7:30 P.M. -3/6/90 Before the Mayor and City Council, to appear in person to be judged on facts and defend the claim made by the City that your water, sewer, and trash bill is delinquent. This service will be discontinued 3/14/90 unless paid in full. Is there anyone present who wishes to contest their water/sewer/trash bill? Wilma Blair: Explained that she can't pay her bill, would like to know if the Council would give her until April 1st to pay. Clerk Niemann: You'll pay it all on the 1st? Permission was granted until the 1st of April. Tolsma: Is there anyone else present who wishes to contest their water/sewer/trash delinquency? Due to their failure to pau their water bill or to present any valid reason why the bill has not been paid, their water shall be turned off on March 14, 1990. In order to have their water turned back on, there will be an additional fee of $10.00. They are hereby informed that they may appeal or have _the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho Code. Even though they appeal, the water will be shut off. The Motion was made by Yerrington and seconded by Myers to approve the turn off list with the exception of Wilma Blair. -- -- --- Motion Carried: All Yea: Tolsma: The total amount of the past due accumulation this month is $8,293.87. ITEM #6: APROVE THE BILLS: - - - The Motion was made by Myers and seconded by Yerrington to approve the bills. Motion Carried: All Yea: - ITEM #7: DEPARTMENT REPORTS: - Engineer Smith: The Mayor asked that I bring the Council up to date on a project that we are looking at, it is the extension of the sewer along Ten Mile Creek from where it exists right now at the southwest 12th St. out at Crestwood Estates Subdivision. There has been some interest for development on the south side of the interstate at Kuna Meridian Overland Road. SPECIAL MEETING P & Z FEBRUARY 27, 1990 PAGE #6 equal to what it would cost us to extend the trunk line from where it is now at Western Equipment to the corner of our property. Johnson: Is there anyone else who wishes to testify, hearing no response the Public Hearing is closed. The Motion was made by Hepper and seconded by Shearer to have the attorney prepare the Findings of Fact and Conclusions of Law with a recommendation for approval. Motion Carried: All Yea: ITEM #4: FINDINGS OF FACT & CONCLUSIONS OF LAW ON REQUEST FOR CONDITIONAL USE PERMIT BY BATES/FISHEL FOR USED CAR LOT AT 225 WEST FRANKLIN: Johnson: If you don't have any questions please entertain a motion. The Motion was made by Alidjani and seconded by Rountree that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Roll Call Vote: Alidjani - Yea; Rountree - Yea; Shearer - Yea; Hepper - Yea: Motion Carried: All Yea: The Motion was made by Alidjani and seconded by Rountree that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application, subject to the conditions stated herein and that such conditional use be reviewed on an annum, basis for compliance with the conditions stated herein. Motion Carried: All Yea: - - yITEM 465: FINDINGS OF FACT & CONCLUSIONS OF LAW ON REQUEST FOR CONDITIONAL USE PERMIT BY �TAMI SHOEMAKER AT 1031 EAST FIRST STREET FOR CUSTOM DECOR & GIFT SHOP: Johnson: Are there any questions on these Findings of Facts? Shearer: I am still bothered by #6 the second line that indicates the property to the north has previously been used commercially I think that should read that it is currently zoned commercially. Johnson: We can make that notation, that is correct it is zoned commercially. The Motion was made by Rountree and seconded by Shearer that the Meridian Planning & Zoning Commission hereby adopts and approved these Findings of Fact and Conclusions of Law in addition to.the amendment to Item 466. Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - Yea; Motion Carried: All Yea: 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 they f SPECIAL MEETING P & Z FEBRUARY 27, 1990 PAGE 417 approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, the fire and life safety codes, and the Uniform Building Code, and other Ordinances of the City of Meridian. Motion Carried: All Yea: ITEM 416: FINDINGS OF FACT AND CONCLUSIONS OF LAW ON REQUEST BY WAYNE & MARY WILLIAMSON FOR CONDITIONAL USE PERMIT FOR A PUD RESIDENTIAL SINGLE FAMILY DEVELOPMENT: Johnson: Reviewed the change in application for Wayen & Mary Williamson. The Motion was made that the Meridian Planning & Zoning Commission hereby adopts and approved these Findings of Fact and Conclusions, by Hepper and seconded by Alidjani. Roll Call Vote: Hepper - Yea; Alidjani - Yea; Rountree - Yea; Shearer - Yea; Motion Carried: All Yea: The Motion was made by Hepper and seconded by Rountree that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the Cit; of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application under the conditions contained herein, specifically 11-9-607 of the Revised and Compiled Ordinances of the City of Meridian, and subject to approval of the final development plan and design review and subject to approval of the home owners association documents and of the restrictive covenants. Motion Carried: All Yea: Being no further business to come before the Commission the Motion -was made by Shearer and seconded by Rountree to adjourn at 8:15 P.M.: (TAPE ON FILE OF THESE PROCEEDINGS) ATTEST: JA CITY CLERK APPROVED: JIM JOHNSON, CHAIRMAN S MERIDIAN PLANNING & ZONING FEBRUARY 13, 1990 PAGE #4 Chet, 12 Goldie Drive, Boise, was sworn by the Attorney. Chet: I'd just like to say that Sam is a real nice guy and he will be good for the community. Johnson: I will close the Public Hearing at this time. Crookston: We haven't addressed the ACHD comments. Mr. Fishel have you had a chance to review the ACHD comments? Fishel: Yes I have. Crookston: Do you have any problems with those? Fishel: No Sir. I called the ACHD this afternoon and I asked them if there would be any problems with them, in other words what to expect with the Planning & Zoning Board, I told them I was going to the Public Hearing this evening and he said there would be no problem with anything, it depends on whatever your recommendations are. Fishel: If you ever do decide to put curb & gutter along that street or whatever, I'm going to be 100% in front of the line to make my contribution because that's going to enhance my business and make it look alot better. But at this time I am not financially prepared to come up with that kind of money. Crookston: So you do have a problem with the financial committment. Fishel: That should be up to the property owners. If you don't require it then they won't. That's what he told me. Johnson: I will new close the Public Hearing. The Motion was mad= by Rountree and seconded by Alidjani to have the Findings of Fact prepared for the Conditional Use Permit. Motion Carried: All Yea: The Motion was made by Rountree and seconded by Alidjani to recommend approval to the City Council. Motion Carried: All Yea: ITEM #5_ PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY TAMI SHOEMAKER FOR CUSTOM *`DECOR & GIFT SHOP AT 1031 EAST FIRST STREET: Johnson: Is there a representative present, please come forward and be sworn. Tami Shoemaker, 1031 E. First Street, was sworn by the attorney. Shoemaker: We are taking an area of 325 sq. ft. in the house, we're putting a little gift shop, with basically handmade gifts from Idaho and we are living in the rest of it. It's just a small shop and there will not be any public restrooms. my husband did want to ask on the parking, do we just need two off road parking places? We did have a letter from Richard Orton, he was concerned that this would not be good for the neighborhood. L'ERIDIAN PLANNING & ZONING FEBRUARY 13, 1990 PAGE #5 We just want to make it look really nice. something we have to pay for? Johnson: Eventually you will. On the comment from ACRD, is the sidewalk Shearer: My only comment on this would be that I don't think that they need to put forth that financial commitment, because that's going to be the LID, which I presume will be taken care of, the four foot walk on Carlton, that's a separate item. Why aren't we going for a rezone? Johnson: Carlton is the boundary for Old Town. Rountree: Just make sure the sign you are going to put out doesn't get into the site triangle of E. lst and Carlton. Shoemaker: We park on Carlton now, we would just delete some of our yard there and just have it there. Hepper: Would the garage there have to be moved? Shoemaker: No, the driveway is quit wide there. Alidjani: So what you are proposing is the parking would be on Carlton Street. Shoemaker: Right, I think it would look alot nicer if we could keep it off of East First. Johnson: I will. -open -the Public Hearing at this time, is there anyone present who wishes to testify, please come forward and be sworn. Hearing no response, I will close the Public Hearing. The Motion was made by Alidjani and seconded by Rountree to prepare the Findings of Fact and Conclusions of Law for Tami Shoemaker at 1031 East First Street. Motion Carried: All Yea: The Motion was made by Shearer and seconded by Rountree to recommend favorable upon this request to the City Council. Motion Carried: All Yea: ITEM #3: PUBLIC HEARING: PRELIMINARY PLAT ON THE VINEYARDS SUBDIVISION: Johnson: Is there a representative here, please come forward and be sworn in. Max Boesiger, 1399 E. Monteray Drive, Boise, was sworn by the Attorney. Boesiger: Our firm developed Sunnybrook Farms here in Meridian, also some others in Boise. As you know it's located at the intersection of Cherry Lane and Linder. We have to compete with Boise and we have some expenses here that we wouldn't have in Boise, TAMI SHOEMAKER CONDITIONAL USE PEPMIT REQUEST 1031 EAST FIRST ST: COMMENTS 1: Ada County Highway District: None Received: 2: Central District Health: No Objections: 3: Nampa Meridian Irrigation: Drainage must be retained on Site, all ditches must be protected: 4: City Engineer: See Attached: 5; Sewer Department: Review Sewer Rate: 6. Police Department: No Problems: 7: Building Department: Recommend Approval: 8: Letter attached from Rick Orton: 9: Public Hearing held February 13, 1990 before the P & Z Commission, Findings of Fact to be prepared: _0: At Special Meeting of the Planning & Zoning Ccgrmission held February 27, 1990, Ccmnission approved the Findings of Fact and made recommendation this request for Conditional Use Permit be approved by the Meridian City Council: Copy of Findings attached: _1: Also attached are the Comments & reccamiendations by ACED which were incorporated into the Findings of Fact: Richard F. Orton Jr. 134 East State St. Meridian, Idaho 83642 (208) 888-3668 City of Meridian Attn: Mr. Niemann 33 East Idaho St. Meridian, Idaho 83642 Re: CUP 1031 E. 1st Dear Jack; Jan. 27,1990 Please pass my greetings to the Planning and Zoning Commission and the Council. Also in the referenced matter please ask these good folks to deny this conditional use permit. Th o � ` S V ^ n .. C r�!' i -4 1 .. - - , a ,. -. - - - .. , « _ - - -- - +. - ... _ _ i . . _ �1 Nom• �i � j.. _ � r i�Cyt� MIL; neo Lo on the competitive nature of free enterprise. Ld"iu"c1l zuAlltg anti bring additional stress into an alreadyfragileAdditionally neighborhood. I am concerned that this request simply isn't necessar plenty of suitable commercial land in town. You should encourage businesses to locate in areas already zoned for business uses. n e el ichard F. Orton Jr. ADA COUNTY HIGHWA`r" DISTRICT 318 EAST 37TH STREET BOISE, IDAHO 83714 Inter -Department Correspondence To: Ada City Highway District Commission From: Subject: Date: February 2, 1990 Development Services MERIDIAN CU 1031 EAST IST GIFT SHOP (Tami Shoemaker, 1031 East 1st, Meridian ID 83642 - 888-6829) FACTS & FINDINGS: 1. Tami Shoemaker requests a conditional use permit to operate a custom decor and gift shop in part of her home at 1031 East 1st in Meridian. 2. East 1st is designated a minor arterial street on the 1995 Urban Func- tional Street Classification Map requiring 66 -feet of right-of-way and construction to a 52 -foot back-to-back street section with 4 traffic lanes. East 1st Street has 80 -feet of right-of-way (which is adequate), and is fully improved. The sidewalk is badly damaged. 3. Carlton is designated a local street on the 1995 Urban Functional Street Classification Map requiring 50 -feet of right-of-way and con- struction to a 36 -foot back-to-back street section with 2 traffic lanes. Carlton Street has 60 -feet of right-of-way (which is adequate), and is fully improved. The sidewalk is only 2 -feet wide. 4. The alley has 16 -feet of right-of-way (20 -feet is required) and is improved with gravel. There is no customer access on the alley. 5. There are no pedestrian ramps at the corner of East 1st and Carlton. 6. There are no site changes planned. Requirements are provided to Meridian Planning & Zoning as conditions for compliance. SITE SPECIFIC REQUIREMENTS: I. Acceptable financial commitment shall be provided to the District for the required street improvements on East 1st abutting parcel. 2. Provide a 4 -foot wide sidewalk on Carlton abutting parcel. Meridian CU .31 East 1st February 2, 1990 Page 2 STANDARD REQUIREMENTS: Gift Shop I. Street and drainage improvements required in the public right-of-way shall be designed and constructed in conformance with District stan- dards and policies. 2. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 3. Three sets of street construction plans shall be submitted to the Dis- trict for review and appropriate action. 4. A right-of-way permit must be obtained from ACHD for all street and utility construction within the public right-of-way. Contact Quality Control at 345-7667 (with zoning file number) for details. S. A request for modification, variance or waiver of any requirement or Policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commis- sion action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments^ please contact the Develop- ment Services section at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: John R. Stolley, P.E. m ' W rL4 ~ Q C1� H N Q U x 1W�M �aj w .• h1 - i �y 9-0 41 -V4 a >4 _ H w,yg'• N "' • g e� a �, o 0 o � b o w v M O L I U v ^ v C M o ro N a v o a C 3- U Q G v v o � ro O E+ U1 f!1 L l.•� •• En -coo v 3 �j v G � C/) m ro ro w o �, 3 'ti u ro b v L • .-I G U cc G Y ro ro 7 ro w M S4 v C 14 v r+ o 4-1 Ca ro a v G sa � • ,-a q G _ x 6 ro v —4' a r -I L - l E -4•� ro = z �y 9-0 41 -V4 a >4 _ H w,yg'• N "' • g a 8 w 0 N N O r -i zzLa H 3� IIIIIIIII�IIIIIIIII'Illlll� AMBROSE, FITZGERALD d CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8881481 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 Planning and Zoning Commission 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 February 13, 1990, for the purpose of reviewing and considering the Application of Jim and Tarni Shoemaker, for a conditional use permit at 1031 E. First Street, Meridian, Idaho. The A p p 1 icants proposed use is for a Custom Decor and Gift Shop. The property is generally described as Lot 16, 17 and 18 and the East 15 feet of Lot 19, Block 69 of F. A. Norse Second Addition. The property is located in the Old Town District. 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. The public is welcome to submit verbal testimony or may submit written testimony up until the completion of the hearing. DATED this2i,� A day of January, 1990. NZ 4 O 4�� e ✓ //0;R X91 BADLEY MAPLE AV. 9 99 97 "co 23 LOT OT 17Z 445.4 CHERRY AV. cn 14� h O e � � Li X ui ir J.7 IL L WASHINGTON AV. %3cFn wy. 11 -7 so 29 ztizr U, 25 U ZJ U ZJ LO 19 ig 17 16 W to ,po ..... . C A P I Tr)kl A%/ L 4 5 6 41 10 / -, i I y 1/" 3l ,z 0 - 4 rN I L op z STATE ...-'-AV. 0 0 / TIVI v: Z) is 17 16 15 zq zi zz z/ Is /f /i af /J /Z 7 4 153 ti n 3e % ti --PINE — -AV. W 114 CORNER SEC. 7 r2.77 JO 0 4S 1 [30. 8 7 4 3 ro ,z 0 - 4 rN I L op z STATE ...-'-AV. 0 0 / TIVI v: Z) is 17 16 15 zq zi zz z/ Is /f /i af /J /Z 7 4 153 ti n 3e % ti --PINE — -AV. W 114 CORNER SEC. 7 r2.77 9ppeo x, Jul SHop rk E E-7 �--� 3'c�c�ass fa� CITY OF MERIDIAN _ "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888.4433 yusiorner s I_ (C� Order Nq. Date I 1 Name Address Phone: SOLD BY CASH C.C.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT I—SHI I ( - I I I I I I I Al: claims and returned goods UST be accompanied by this bill. TAX 004969 Be TOTAL / GS 202 2 CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: ! A iVl i h[/^ PHONE ADDRESS:— ! , r i i>` %�'� ._ , ,) 1.4 11 i� �T ; ?f 2 - GENERAL GENERAL LOCATION: <<' . - �- _ j Y; ,� �t, DESCRIPTION OF PROPOSED CONDITIONAL USE: ZONING CLASSIFICATION: PLAN: A plan of the p all buildings, lation, open sp signs and yards LEGAL NOTICE OF PUBLIC Pursuant to establishes Planning and Zoning Coi Hall on The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by J �.. w,: �L1UP Y\^ til for the property generally described as located at 13 3 '�-- I �Z SUBDIVISION . BLOCK LOT NUMBER ; I f rr� cst I5 j TO 4-0 b �ti s 6 f C uSt ci i . `Q 4L (- c) • CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: I ArYli ��Hr) F= MMIC(= r (-L) rT-Ac,i kxPVF- ;"t': PHONE ADDRESS: 1(; I i 4A, 59; 6'f 2 - GENERAL GENERAL LOCATION : CP) e A F LT Ac r 0_A0 I -T-A 0 DESCRIPTION OF PROPOSED CONDITIONAL USE: 3/0 Ht2tA- EitiC, IIS"- F-�;�1rT5� ffo ZONING CLASSIFICATION: (J / PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circu- lation, open spaces, landscaping, refuse and service areas, utilities, signs and yards. LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by \/ for the property generally described as located at SUBDIVISION r, A . fy g kA\r S e s 'aP4- � ����5� BLOCKLOT NUMBER 14, TO F Y- 0h0 P' 0 r-� r C , ) � '`" 0 �L. UI�iQ� �l 6 f .. �i.t�cl h_ 1[ ,G . %. CONTENTS OF CONDITIONAL USE APPLICATION An application for a Conditional Use Permit shall be filed with the Administrator by at least one (1) owner or lessee of property for which such conditional use is proposed. At a minimum, the application shall contain the following information where applicable. (Application available from Administrator): J 1. Name, address and phone number of applicant; �J. Name, address and phone number of owner of subject property; /7313 Legal description of property; LoT I(o, Il, 16 a„ d +tc East is �eeT o F 19 Proof of ownership of subject prop aty; I0 _O f,A• Nouest:ts SECOND a,00,noN IAC -t -o2 p t N C� T0 TI.4e PLAT F,Lw tN Qootc 2 oL Tii 4 P bF� 5. Description of existing use; pL04TS AT o,= A-104.�outir PG.k ro. 6. Present use of subject property; 7. Proposed use of the subject property; 8. Twenty-five (25) copies of avicinity map of a scale of one (1) inch equals three hundred feet; 9. Characteristics of subject property which make a conditional use desirable; 10. A listing of the mailing addresses of all property owners (from authentic tax records of Ada County) vho are within three hundred (300) feet of the external boundaries of the land being considered, and a list of all owners within the area being considered for a Conditional Use; 11. In Residential Zoning a petition signed by three-fourths (3/4) or seventy-five percent (75%) of all those persons owning property within said three hundred (300) feet approving of the Conditional Use, and a petition signed by one hundred percent (100%) of all landowners within the area being considered showing their approval of the proposed Conditional Use; Does not apply to Old Town Zoning,Commercial or Industrial Zonin 12. A fee established by the Council; (See 2-422 A) $160.00 13. A statement that the owner grants a lien against said property for payment of all costs incurred by the City including engineer- ing, publication and attorney fees. 14. A statement that the proposed use does or does not violate any subdivision covenants or restrictions or deed restrictions. 15. The property will be posted 1 week before hearing stating they have applied for a Conditional Use Permit or Zoning. There must be a signed affidavit that this has been done as part of the application. MEMORANDUM OF CONTRACT OF PURCHASE BE IT KNOWN, that under date of 30th , 1969, RONDA L. MINSHEW, Seller and JAMISON SHOEMAKER and TAMI SHOEMAKER, husband and wife, Buyers, entered into an Agreement of Sale of the following described real property: Lot 16, 17, 18 and the East 15 feet of Lot 19 in Block 6 of F.A. NOURSE'S SECOND ADDITION, according to the plat thereof, filed in Book 2 of Plats at page 64, records of Ada County, Idaho. and that by the terms of said Agreement of purchase Buyers covenant that so long as any portion of the deferred balance due the Seller remains unpaid, they will not mortgage or otherwise create any cloud upon the title as it relates to Sellers' interest. DATED This 30th day of June , 1989. Buyers: Seller: AMBROSE. FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 421 MNblan, Idaho !3642 Telephone 6884461 3P94 SUN, ISHO&MAKER _ -�— TAMI SHOEMAKER RONDA L. MINSHEW STATE OF IDAHO ) ss. County of Ada ) On this 30th day of June __, 1989, before me, the undersigned, a Notary Public in and for said State, personally appeared JAMISON SHOEMAKER and TAMI SHOEMAKER, husband and wife, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residence: Boise , Idaho. Commission expires: 05-09-95 STATE OF IDAHO ) . ss. County of Ada ) On this _ joth day of June_ , 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared RONDA L. MINSHEW, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residence: Boise, , Idaho. Commission expires: 05-097-95 AMBROSE. FITZGERALD IICROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, I"ho 63642 Telephone 668-4461 SH©P ,5T F—F—:T- 0- r4�11- OSTOM 0 Eco, k Aioir� Wj I.W I V "oAs 4 4 16 3 0 BAD_ LEY LE AV. J "N AP i' 9 97 V 10 i -- -..__ _ . LOT r 7 Z _ CHERRY AV. Qi 4454 it LL. h O n i (n F— \, _ W Q1 2 1 4 6 6 7 a to 11 IL 13 14 tLo Fc— - ' cn Lo ��, WASHINGTON AV. %3 u) )0 _ L - !e t! ZI ZT Zb 25 ZA 23 U LI Lo r9 (g IT re a W I c, I N i 12 j 3 4 5 7 x 9 to n r2 r3 N 15 i0 10 48 7/.•; 5,7 S.^ w I ...... e A R LT O N AV. _.. i40 )o JO BB n 10 °/ 3o JO )a 4d j O O 10 ZB lB tl tG t5 t9 t3 it 2/ ZB / I ` t� /O /7 /G /5[14/jLZI B 7Al S N i y J I J J� I ti/ t 3 4• S v 7 d 9 ro // /i /! /a /S +� o 3e 3a B0 l Y 3 4 5 7 dl9 /0 � 0 Z 4 ` J0 4d STATE .:'AV. ODI 1 30 1) IN tt Z6,?,f Zq id t0 8e H r j o At/ 4 5 G'; i0 10 48 7/.•; 5,7 S.^ �F /o 4 116,13114 till1pli ----I- - T - - T I ' 4—,--- --- - - a — - -PINE - -A V. A W. 1/4 CORNER ^ SEC. 7 '2 i B 7 6 •s 4 5 G'; i0 10 48 7/.•; 5,7 S.^ w I ' 4—,--- --- - - a — - -PINE - -A V. A W. 1/4 CORNER ^ SEC. 7 '2 i i0 10 48 7/.•; 5,7 S.^ I ' 4—,--- --- - - a — - -PINE - -A V. A W. 1/4 CORNER ^ SEC. 7 '2 i DennLA C. & goan M. NLe wn ,'0,'2 C. ,'At MenLdLan, ID 83642 Bnent L. 8 Gruen Alyen 1'20 C. State MenLdLan, 1d 83642 3653 Bnent L. & Gruen 41gen ,'%4 C. State MenLdLan, ID 83642 &V-3653 PhULp A C T A L P eteftAon r'6%7 S. P oruen.lLne Nampa, ID 83686-7282 ( f on addne A of 925 C. ,'At • ) (land B. & Manganei Pau.lLn 55 State MenLdLan, ID 83642. 888-2045 RLChand F & Yane L Onton 134 C. State MenLdLan, ID 83642 &V-3668 BennLce Rambo ,'41 C. Canlion MenLdLan, ID 83642 888-7752 aeonge Yn. & Betty Mae gennead C/0 Lha e.l of the Chime. P.O. BOX 255 lflenidLan, ID 83642 (09)347-5%56 (fon addne4,i of 105 (S. Can.lton) L L.la Fay #al 5175 #oron y Ln- MenLdLan, n.MenLdLan, ID 83642 (fon addneA of 51' C. Canit on) Dourue VLctoA Deboen & Ruby K. 44ambunu 47 C. CanIton Men.Ld ian, ID 83642 Steven A & Kathn n Fenden 1'3660 lUleany 35 «� Pay, CA 92064-6529 (fon addne.4 of 4,' C. Can.lion) Manpnet C. &m MathewA Donothy Cone, Life 64t. , Jo0 ie� tU � c 705 (fon addne4. of 35 C. Canlion) Rebecca L. MadAen 3,' C. Caniton MenLdLan, 1D 83642 Ul U l Lam A. & Paula 9. lladdenham 2.5 C. Caniton MenLdLan, ID 83642 Maratha R. Benny ,'8 C. State then id ian, ID 83642 1'550 aeon e C. & #ajel W. Mann 24 t. State MenLdLan, ID 83642 888-5554 Yoyce Bonup 32. C. State MenLdLan, ID 83642 Donoth�c M Mcl.lune 38 C. Jiate MenLdLan, ID 83642 888-%857 Donoth M McClune 38 C. tate MentdLan, ID 83642 (fon addnew of f C. State) Lonen D. & Gay.la RoAA 0'383 L indenmood MenLAan, ID 83642. 888-5694 (Ion addneA of 52 C. State) Alm. Dean & Donothea Maye. C/0 CLnc�le K ConpowiLon #445 P.O. BOX 52084 PhoenLx, AZ 85072-2804 (Fon addne�.m of 66 6. State) 8<48-332% Raymond C U A Gno wo 36'6. Canit on MenLdLan, ID 83642 888-,','2.5 Swad n f/enen.4AA 48 6. Can.lton MenLdLan, ID 83642 Lavenne W. Schoen Rodne R. Schoen ,',','5 t %rat MenLdLan, ID 83642 <488-2,'24 Warm V. & MavL4 Culvert 1'1'31' 6. i'At /pert Ld Lan, Id 83642 SS(F-2224 4nd #LII 53V S. Gaye Rd. /pert i.d Lan, !7 83642 &U-2091' (Ioa addae& of 1'1'23 6. 1'a0 dan KennefA Yn. B2L4iol 45 C. WaAALnaton five. Mert�di.an, Id 43642 W4755 Mohanrnad & #e.Len 4I Ld janL P.O. BOX 626 Men Ld Lan, Iv 43642 88(F -71'3d' U.S. Po'lta.( SeRV Lce- 850 CAeancy Lane San Btuno, CA 94099-0330 (jolt #3605) Green, Glenn e. & Mayne E. 3070 E. Franklin Rd. Meridian, ID 83642 (for 33 - 37 E. Washington) 888-2803 Tavares, Marvin M. P.O. BOX 343 Meridian, ID 83642 (for 38 E. Washington) 888-2568 Matcham, Bessie B. 25 E. Washington Meridian, ID 83642 888-3397 Merrell, Dean 28 E. Carlton Meridian, ID 83642 888-3326 Brinegar, E. E. & Virginia K. 1639 Conant Av. Burley, ID 83318 (for 115 E. State) Aldrich, Earl 121 E. State Ave. Meridian, ID 83642 888-6948 Holloway, H.R. & Nola L. 127 E. State Meridian, ID 83642 888-5431 Wees-Walley, Linda R. 29 E. State Meridian, ID 834642 888-1216 Hall, Arthur R. & Florence E. 39 E. State Meridian, ID 83642 888-4384 Nixon, Bonnie J. Rt. 1 Box 426 A Bandon, OR 97411 (for 43 E. State) Bowen, Larry M. & Cates, Gale A. 49 E. State Meridian, ID 83642 888-1927 (Image West Photography) Grand Central 66 Doug Boyce 930 E. 1st. Meridian, ID 83642 888-5693 Johnson, W. R. P.O. Box 645 Meridian, Idaho 83642 (for 1103 E. 1st) HEARING PROCEDURES FOR CONDITIONAL USE PERMIT 1. The Applicant shall: a. Give notice of the hearing, at least fifteen (15) days prior to the hearing, be certified mail to property owners within the land being considered and to owners within 300 feet of the external boundaries of the land being considered. Said notice of certified mail must be deposited with the United States Post Office at least 15 days prior to the hearing. Said notice shall contain a vincinity map of the property, a brief statement of the nature of the application, the name and address of the applicant. b. Provide the City Clerk with the names and addresses of property owners notified, a notarized statement of compliance and a copy of the notification. 2. The Commission Shall: a. Conduct at least one public hearing at which interested persons will have the opportunity to be heard. At least 15 days prior to hearing notice of the time and place shall be published in newspaper. b. Within 45 days after hearing the Commission, shall transmit its recommendation to the Council with supporative reasons, the Commend shall recommend the application be approved, approved with conditions or denied. The Commission shall insure that any approval is in accordance with the Comp. Plan, this Ordinance and State Law. 3. The Council: a. The Council shall conduct one public hearing after notice requirements as above. b. After hearing the Council shall approve, approve with conditions or deny, with supportive reasons. c. A Conditional Use Permit in the old town district only requires a public hearing before the P & Z Commission and then is passed on to the Council with the recommendation at which time the Council may approve, deny or modify the recommendation of the Commission. 4. FOR APPLICANTS INFORMATION: Additional water and sewer hookup fees could be required as part of the approval of the conditional use permit. PETITION REQUIREMENTS: 1. Petitioner must supply a comprehensive list of ALL residences within 300 feet from the proposed Conditional Use property line to include Name, Address, Telephone and Date. 2. Supply 20 copies of all required materials. 3. Three-fourths (75%) of those persons owning property within 300 feet must agree to this Conditional Use before the proposed use will be considered. WE THE UNDERSIGNED DO NOT OBJECT TO USING THE PROPERTY LOCATED AT , MERIDIAN, FOR THE PURPOSE OF NAME ADDRESS PHONE DATE HEARING PROCEDURES FOR CONDITIONAL USE PERMIT 1. The Applicant shall: a. Give notice of the hearing, at least fifteen (15) days prior to the hearing, be certified mail to property owners within the land being considered and to owners within 300 feet of the external boundaries of the land being considered. Said notice of certified mail must be deposited with the United States Post Office at least 15 days prior to the hearing. Said notice shall contain a vincinity map of the property, a brief statement of the nature of the application, the name and address of the applicant. b. Provide the City Clerk with the names and addresses of property owners notified, a notarized statement of compliance and a copy of the notification. 2. The Commission Shall: a. Conduct at least one public hearing at which interested persons will have the opportunity to be heard. At least 15 days prior to hearing notice of the time and place shall be published in newspaper. b. Within 45 days after hearing the Commission, shall transmit its recommendation to the Council with supporative reasons, the Commend shall recommend the application be approved, approved with conditions or denied. The Commission shall insure that any approval is in accordance with the Comp. Plan, this Ordinance and State Law. 3. The Council: a. The Council shall conduct one public hearing after notice requirements as above. b. After hearing the Council shall approve, approve with conditions or deny, with supportive reasons. c. A Conditional Use Permit in the old town district only requires a public hearing before the P & Z Commission and then is passed on to the Council with the recommendation at which time the Council may approve, deny or modify the recommendation of the Commission. 4. FOR APPLICANTS INFORMATION: Additional water and sewer hookup fees could be required as part of the approval of the conditional use permit. PETITION REQUIREMENTS: 1. Petitioner must supply a comprehensive list of ALL residences within 300 feet from the proposed Conditional Use property line to include Name, Address, Telephone and Date. 2. Supply 20 copies of all required materials. 3. Three-fourths (75%) of those persons owning property within 300 feet must agree to this Conditional Use before the proposed use will be considered. WE THE UNDERSIGNED DO NOT O&7ECT TO LOCATED AT USING THE PROPERTY , MERIDIAN, FOR RITE PURPOSE OF NAME ADDRESS PHONE DATE dennL4 C. & goan M. Ni_e. Aon Rebecca L. Madien 1'01'2 C. I'At�V C. Caniton hen i.d Lan, Id (43642 /� /� Q Men Ld Lan, ZU : J 3672 c83 L indenwovd Bnent L . & Gwen Al enUIUI Lam d. & Paula #addenham 2.5 L Call1ton V 1'20 C. State I4en i.d Lan, Id 83642. (4<4<4- 3653 Irl en Ld i.an, Id 83642 % Bnent L. &Gwen ALgen Irlantha R. Benne 1'(? C. State ✓ /d en i d . State an, Id <43642 (4<4<4- 365 3 Irl en Ld Lan, ID (43642 (?(?,?-1'5.50 l; h i_L i.F> d C l 4 L% et en ion --Ij'6 i 7 S. l owenl ine N7q)a, ZD (436(46-72(42 ( on addneai of 925 C. 1af.l /a,?d B. State. lau.lin Meni.di.an, Id 83642 (4(4(4-2.045 ,RZaAd/—t4F-44a.ne L Onton 1'34 C. State Meni.di.an, ID 83642 (4(4(4-366(4 Benni.ce Rambo 141' C. Can.lton Aen i.d i.an, ZD 83642 (4(4(4-7752 gjeon e Yn. & Betty Mae Yennead �C/0 Lha. e.L of the Chime4 l.0. BOX 2.55 lr)enLdi.an, ZD 83642 (61'91347-51'56 (fon addnem of I'05 C. Caldion) L Ua Fay #tLl X1'75 flvwnY Ln. Irl en td i.an, Id 83642 (Ion addae&4 of 51' C. Can.lton) vuwe Utcton Deboen & Rube K 47 C. Can.ltvn leen Ld i_an, ZD (43642 Steven .4 & Kathn n Fenden 1'3660 ilUleany #�35 Poway, Cd 92064-6529 Geon e C. & #aje,l W. Mann 24 State MenLdLan, Id 83642 (4&(4-5554 Ygcyce Bonur 2 C. State amen zdi.an, Id 83642 do" 06 lrl.lhcClune J(4 C. tate menLdi.an, Id 83642 (4(4(4-1'(457 donothAl. McC.lune 3S C. Jtate �) en Ld i.an, ZD 83642. 7 On addneai of ,C. State) u� Lo c%n D. & Gacy.la Rom c83 L indenwovd C' Irl en Ld i.an, ZD 8364.2. (4&4(4-5694 (fon addne4A of 52 C. State) Wm. Dean & Dvnvthea Irlaye.4 C/O CLAcle K Conronati.on #445 ,/ . 0 . BOX 52084 l hoenix, 4Z (45072-2(404 (Fon addnem of 66 C. State) (4(4(4-3321' 4nambunu IR vnd C C% OX GnoAAo 36�. Can.lton MentdLan, ZD 83642 (4(4(4-625 man llendenaho�. 4(4 C. CanItvn Ill en i_d i.an, ZD 83642 (folt addn AA of 4l' C. Can.ltvn) 1(lrlancganet C. Cmma MathewA Donvthy��,,Con/e(Li.�e &t. �oOL/4J_e, T �hL i';I' (Ion addneAi of 35 C. Can.lton) A avenne W. Schoen vdneR. Schoen 1' I' 115 9. I'/lt Men td i_an, ZD 83642 (4(4(4-21'24 Wann V. & Mav LA Cul ven ,' 1+ 3,' 6. 1'.4t Meit i.d Ean, ID 83642 &U-2224 ,4na ASL l S3f S. Cae R.I. .Imes i.d i.an, d 83642 &U-2091' (/on addneAA al 1','23 C. 1'40 d1an. Kenneth Yn. BniAiol 45 C. lUcr4ALngtvn i4ve. V meni.di.an, Id 83642 &U-1755 Mohammad & Ne.(en 41 i.d j an L r.0. Box 626 Men Ld i.an, ID 83642 &?8-71' 31' U.S. % vita.L SenvLce 850 Uenncy Lane San Bnunv, C4 94099-0330 (�vn #3605) Green, Glenn e. & Mayne E. 3070 E. Franklin Rd. Meridian, ID 83642 (for 33 - 37 E. Washington) 888-2803 Tavares, Marvin M. P.O. BOX 343 Meridian, ID 83642 (for 38 E. Washington) 888-2568 Matcham, Bessie B. 25 E. Washington Meridian, ID 83642 888-3397 Merrell, Dean 28 E. Carlton Meridian, ID 83642 888-3326 Brinegar, E. E. & Virginia K. 1639 Conant Av. Burley, ID 83318 (� (for 115 E. State) --,'Aldrich, Earl 121 E. State Ave. Meridian, ID 83642 888-6948 f__,Holloway, H.R. & Nola L. P 127 E. State Meridian, ID 83642 888-5431 'Wees-Walley, Linda R. 29 E. State Meridian, ID 834642 888-1216 Hall, Arthur R. & Florence E. 39 E. State Meridian, ID 83642 888-4384 Nixon, Bonnie J. Rt. 1 Box 426 A Bandon, OR 97411 (for 43 E. State) Bowen, Larry M. & Cates, Gale A. 49 E. State Meridian, ID 83642 888-1927 (Image West Photography) Grand Central 66 Doug Boyce 930 E. 1st. 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N C7 o° H, •TIVw SS911m CIN `Q3I3ILX3 1 `'Q'n'1 `Raxrtcl�Ti `R�xa icier v vn _ , ..-- --.-- VARIANCE REQUEST BY TAMI & JAMISON SHOEMAKER - CORNER OF E. CARLTON & E. 1 ST STREET 'y June 12, 1998 Cottage Expressions CIO Tami and Jamison Shoemaker 1031 E. 1s Meridian, Idaho 83642 Dear Mr. and Mrs. Shoemaker: /Ci It has come to my attention that your business establishment is in violation of the City of Meridian's Wastewater Pretreatment Ordinance. The Wastewater Department staff has informed me that your business produces grease, and other substances, which enters into the sewer lines in violation of the City's Ordinance. The applicable section of the Wastewater Pretreatment Ordinance states: "Grease, oil and sand interceptors shall be provided when they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil or sand." Meridian's Wastewater Pretreatment Ordinance Section 7-704(8). Furthermore, Section 7-704(2) of the Meridian Wastewater Pretreatment Ordinance states: "No user shall contribute or cause to be discharged, directly or indirectly, any of the following described substances into the wastewater collection system or treatment facilities." Section under 7-704(2)(e), prohibits a user from contributing or discharging into the waste collection system, and goes on to state: "Any solid or viscous substances which will or may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater system, such as, but not limited to: grease ..." Clearly, the deposit of any grease or oil substances into the sewer without the use of an interceptor is a violation of the City Ordinance. It is important that you contact the Meridian Wastewater Department (888-2191) within 7 days from the date of this letter to set up an appointment to discuss a solution to this violation. Failure to contact the Meridian Wastewater Department (888-2191), and set up an appointment, shall cause the City to proceed with all legal remedies. Section 7-723.03 sets forth the procedure the City shall follow to enforce the Wastewater Pretreatment Ordinance. The legal remedies the City shall pursue, if an appointment is not set and a solution is not obtained, are set forth in Sections 7-724.01, 7- 724.02, and 7-724.04. Any user violating Meridian's Wastewater Pretreatment Ordinance shall be liable to the City for a civil penalty of $1,000.00 per viglation. Further, any violation of Meridian's Sewer Usage Ordinance carries a penalty of $300.00 per violation. Each day upon which a violation continues or occurs, under each ordinance, shall constitute a separate violation. Please set up an appointment within 7 days from the date of this letter to address these violations. The Wastewater Department number is 888-2191. The contact person is Celeste Vialet. Mrs. Vialet anticipates hearing from you within 7 days from the date of this letter. John Prior Assistant City Attorney JP/msg BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF TAMI AND JAMISON SHOEMAKER FOR A VARIANCE FROM 11-2-414 D AT THE CORNER OF EAST FIRST AND CARLTON FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on November 15, 1994, at approximately 7:30 o'clock p.m. on said date, and was continued to December 6, 1994, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicants appearing, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT A. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for November 15, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the November 15, 1994, hearing; that copies of all notices were available to newspaper, radio and television stations. B. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11- 9-612 B. l.b of the Revised and Compiled Ordinances of the City of Meridian; that his requirement has been met. C. That the Applicants were granted a conditional use permit in 1990 for the operation of custom decor and gift shop; the SHOEMAKER VARIANCE - FINDINGS & CONCLUSIONS Page - 1 original conditional use permit required the Applicants to meet the comments of Gary Smith, City Engineer, which were that one off- street parking space was required for each 200 square feet of floor area of retail and two off-street spaces for the residence; the Applicants have commenced the operation of a restaurant, in addition to the custom decor and gift shop without requesting a conditional use permit for that business; it apparently is the combination of the decor and gift shop with the restaurant that is causing the off-street parking problem. D. That Ordinance 11-2-414 A, OFF-STREET PARKING AND LOADING FACILITIES, 1., requires that no building or structure shall be erected, altered or its use changed unless permanently maintained off-street parking and loading have been provided in accordance with the provisions of this Ordinance. 11-2-414 also requires that the parking be paved. E. That Ordinance 11-2-414 A, OFF-STREET PARKING AND LOADING FACILITIES, 1., requires that when the intensity of use of any building, structure or premises shall be increased through addition of dwelling units, gross floor area, seating capacity, parking and loading facilities as required herein shall be provided for such increase of use. F. That the Applicants have requested to be granted a variance from the above Ordinance requirements and so that they will not be required to meet the off-street parking requirements, which require nine off-street parking spaces for the uses of the property. SHOEMAKER VARIANCE - FINDINGS & CONCLUSIONS Page - 2 G. The Applicants did submit a drawing of their property with the Application; the drawing does show space that could be used for off-street parking if garages and sheds were removed; the Applicants submitted an amended drawing showing angle parking in the alley, as desired by the Ada County Highway District; the drawings show a carport or garage to the west of the house and an existing shed. H. The property in question is described in the variance application and is incorporated herein as if set forth in full. I. That the property in the area where the variance is requested is zoned Old Town, which requires a conditional use permit to operate any commercial use. J. That the Applicants do own the property. K. That the Meridian Planning Director submitted comment which was that this request was precipitated by the Applicants' increasing the restaurant area, thus adding to the parking necessary and she stated that retention of the existing tree is a valid reason for granting the variance; she recommended that the variance be granted provided neighboring properties are not adversely affected and all other agency and staff conditions are met. L. The Ada County Highway District, for site specific requirements, commented as follows: 1. Replace unused curb cuts on Carlton Street with standard curb, gutter and sidewalk. 2. Locate driveway curb cuts a minimum of 5 -feet from the side lot property lines when driveways are not being SHOEMAKER VARIANCE - FINDINGS & CONCLUSIONS Page - 3 shared with the adjacent property. 3. Utilize 45 -degree angle parking off the alley. Coordinate design with District Traffic Services staff. 4. Pave the alley with a minimum of 12 -feet wide abutting parcel. Where obstruction permit, 16 -feet of pavement will be required. 5. Construct 5 -foot wide concrete sidewalk on Carlton abutting parcel. M. That a letter was received from Steven R. Pletelo, residing at 35 East Carlton; he stated that he thought the Applicants need to have at least nine parking spaces and that the architectural plans show that they can get those parking spaces without taking out the tree; he also stated that the parking for the residents along East Carlton has gotten worse because we do not have much parking behind our houses and that the street is narrow and when two cars are parked on both sides of the street it is hard for two cars to pass. N. That there was no public comment at the public hearing. CONCLUSIONS O. 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. P. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. Q. That the City Council has judged this application by the SHOEMAKER VARIANCE - FINDINGS & CONCLUSIONS Page - 4 guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance upon which it may take judicial notice. R. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. S. That the specific requirements regarding a variance that must be evidenced and found by the City Council, are as follows: A variance shall not be granted unless the Council makes a statement of supportive reasons based directly on the evidence presented to it which supports conclusions that the mentioned standards and conditions of this Ordinance have been met by the Applicant and unless all of the following exist: a. That there are no special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would be clearly impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Ordinance unreasonable under the circumstances, or that the conditions and requirements of this Ordinance will result in inhibiting the achievement or objectives of this Ordinance; C. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. T. That there does appear to be a specific benefit, profit, SHOEMAKER VARIANCE - FINDINGS & CONCLUSIONS Page - 5 economic gain or convenience to the Applicant if this variance is granted since they would not have to go to the expense of putting in the required off-street parking spaces and they would be able to retain the tree; retaining the tree is to the best interest of the City and the public but there appears to be ways to retain the tree; that the parking would have to be paved and to put in the parking west of the home would require the carport or garage and the existing shed to be removed, which would take a period of time to accomplish. U. That regarding Section 11-2-419, it is specifically concluded as follows: a. That there are no special circumstances or conditions affecting the property that the strict application of the provisions of the off-site parking requirements would clearly be unreasonable; there clearly is enough land to place off-street parking on if the garage and shed are removed and an adequate parking area is placed there. b. That strict compliance with the requirements of this off- street parking Ordinance would not result in extraordinary hardship to the Applicant, since they have sufficient land area to place an off-street parking lot. C. That the granting of a variance would be detrimental to the public's welfare or possibly injurious to the public; the parking on the streets in the area is causing a problem as evidenced by the letter from Mr. Pletelo. d. That the variance would have the effect of altering the interests and purposes of the off-street parking Ordinance. V. That it is concluded that the Application for a variance from 11-2-414, OFF-STREET PARKING, should be denied, but since it will take some time to remove the carport or garage and the existing shed, it is further concluded that the Applicants shall SHOEMAKER VARIANCE - FINDINGS & CONCLUSIONS Page - 6 have six (6) months to remove the carport or garage and existing shed and place a parking lot of sufficient size to meet the Ordinance requirements and complete the required off-street parking. W. It is further concluded that the City has granted time extensions in meeting the off-street parking requirements where a structure previously used as a home has been converted into a commercial use and that it is appropriate to grant the extension to allow the continuation of the business while the owners and operators of the property and the use meet the Ordinance requirements. X. It is further concluded that the Planning Director shall take measurement of the amount of space that is being used for the business to see exactly how much space is being used for commercial purposes and determine exactly the amount of parking that is required and Applicants shall assist the Planning Director. Y. That it is further concluded that if the required parking is not in place and paved within six ( 6 ) months, the business shall cease operation to the extent that only the amount of business space shall be used for which the Applicants have the required off- street parking as required under the Off -Street Parking Ordinance. SHOEMAKER VARIANCE - FINDINGS & CONCLUSIONS Page - 7 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) DECISION VOTED VOTED VOTED VOTED VOTED U Based on the above Findings of Fact and Conclusions of Law it is decided the Application for a variance from 11-2-414, OFF-STREET PARKING is denied, but the Applicants shall have six (6) months to install, construct and pave the required parking, as stated in these Findings of Fact and Conclusions of Law. DISAPPROVED: P441° SHOEMAKER VARIANCE - FINDINGS & CONCLUSIONS Page - 8 Meridian City Council December 20, 1994 Page 3 Kingsford: I think we have that do we not, the development agreement on that one? Stiles: We have not, this is one that we waited until the final plat. Kingsford: This now is the final plat and they haven't. Merkle: Mr. Mayor, this is the one that we went through and upon annexation on when to submit the development agreement for review. In Shari's condition on the final plat it says subject to approval on the development agreement being approved and executed prior to signing the final plat. So when I read that I didn't resubmit on yet but it is very simple. Kingsford: Final plat won't be signed until that (inaudible) Morrow. In essence that is what I am trying to get the motion to. Would you like to restate the motion? Kingsford: I think I've got it, is there a second? Corrie: Second Kingsford: Moved by Walt, second by Bob to approve of the final plat for Hartford - - Subdivision conditioned upon the agreement of staff and an agreeable development -- agreement from the Council being approved, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: TABLED DECEMBER 6,1994: FINDINGS OF FACT AND CONCLUSIONS OF LA FOR OR A VARIANCE REQUEST BY TAMI AND JAMISON SHOEMAKER: Kingsford: Does the Council have questions or comments about that? Morrow. Mr. Mayor, we are dealing here with (Inaudible) Morrow. There seems to be some question as to the status of the Conditional Use Permit for the restaurant portion, has that status been cleared up? Kingsford: I think it has been resolved to the, I think each member of the Council discussed that as far as I knew is was resolved. Any difference in agreement in that Council members? Meridian City Council December 20, 1994 Page 4 Morrow: Having that clarified I would move that we adopt the findings of fact and conclusions of law dated December 20, 1994. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the findings of fact and conclusions of law, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea Kingsford: Mr. Morrow would you read that decision please? Morrow. The decision would be based on the above findings of fact and conclusions of law. It is decided the application for a variance 11-2-414 off street parking is denied but the applicant shall have 6 months to install, construct and pave the required parking as stated in these findings of fact and conclusions of law. Kingsford: Any question about that Shoemakers? (Inaudible)-._. Shoemakers: We have 6 months to come up with parking that we don't have? Kingsford: To meet an adequate parking to meet our ordinance. Shoemakers: And your ordinances are for (inaudible) Kingsford: That is something I understand Shari you are going to measure and declare what those are, am I correct? Stiles: Yes Kingsford: So you will be working with staff then during that time. We did receive and don't know whether you got this Jamison, just today from ACRD. Shoemaker: Yes, he was there (inaudible). (Inaudible) Meridian City Council December 20, 1994 Page 5 Shoemaker: You were going to work up something different on the Carlton side so I wanted that information available to you that is why we haven't been able to do anything is because we haven't been able to develop anything that allowed a turn around in that area. So I wanted that information available. Kingsford: I think what the Council is looking at perhaps and I don't necessarily want to speak for them, they can correct me if I am wrong, but was that during that time perhaps the garage might be removed and possibly a turn around of some fashion be designed that would accommodate the parking. Shoemaker: That is the reason for the letter. There is not enough room. I have looked at all the requirements and stuff, it is just not there, I assume you are talking 3 spaces. Kingsford: That is something that will have to be determined. Shoemaker: Even one space if you want to do a turn around, you come in at a 45 there isn't anywhere to turn around. The only place is to get rid of this parking spot and back into here and exit. And if you know ow you can convince people to do that or how you are going to put signs and arrows to pull in this way and back out into this spot and then out, I'd be glad to hear it. I have been working really hard to try and figure out something with this space available. With that letter and stuff I am just letting you know I have reached a dead end. If there is any input I am more than welcome to listen to it. By the time you have your fence and your 4 foot of landscaping and then your parking spot and everything and a driveway it all gets used up and no turn built. T. Shoemaker: We are trying to avoid coming back in 6 months and going through it all again because we can't find that parking like you are wanting to do. We are stuck without being able to do it at that point. Corrie: I guess somewhere along the line we are not communicating about this garage. Is that garage part of your property? Why can't it come down and use it for parking? That is what you are talking about? Shoemaker: (Inaudible) is where that existing garage is right now. Even though it is a very (inaudible) (Discussion Inaudible) Corrie: It says existing carport to be enclosed. T. Shoemaker: It is enclosed. Meridian City Council December 20, 1994 Page 6 (Inaudible) T. Shoemaker: That is one side of the plan, I know that the City has those plans saying that is enclosed. (Inaudible) Kingsford: Something that again we might be able to work out with the highway district because they have done it for us on 1 st Street is perhaps a ball at your property line or something for some protection. People back out on to East 1st from several of those points and they didn't like it, but there is a protective ball there that helps. I am sure that something can be worked out and hopefully we can do that in the 6 month period. If not than certainly we are open to T. Shoemaker: If it doesn't work out do we have to come back and go through this whole thing again and put out all the money to go through it again? Kingsford: We will be able to probably handle anything except maybe the mailings on the same thing. T. Shoemaker: We are really working with you we are trying to do it too. We are just frustrated just like you are trying to figure where to do that and we just want to show you where we are at with the highway district. Morrow. Mr. Mayor, can we do something like since this is going to be (inaudible) six month time frame basically it is continued so if we can't work it out then we press on underneath this same format so we don't have to do the mailings and the cost? Kingsford: I am not sure where we are at with having just denied and which those findings called for. I suppose a possibility would be for the Council to make a motion to continue to the end of that six month period. Does that sound reasonable Counselor? Crookston: If that is the desire of the Council it would be more preferable to have a motion to withdraw the denial and table it for a certain date which can be the six months. Kingsford: Is that more agreeable to the Council? Morrow. From my perspective I don't see anything wrong with that. We have a situation here where the Shoemakers are struggling, we are struggling and it seems to me somehow when you get this worked out it is just a matter of finding the common ground. Shari has to do her thing to find out exactly what the numbers are and we don't know what the Meridian City Council December 20, 1994 Page 7 numbers are. From my own perspective my own preference would be that we (inaudible) until a date 6 months from tonight or the nearest meeting 6 months from now. And that is how I feel about it. Corrie: That tree that we are talking about does that belong, is that on your property? Shoemaker: Yes (Inaudible) Morrow: I think that tree house was started by a former City Councilman in attendance tonight. Kingsford: In those days they used to call it a dog house. Corrie: I would like to help as much as we can. I think it is worthwhile. T.Shoemaker: If we do figure out this before the six months, we want to get this parking in can we come and do something before that? Morrow. If you figure it out before the six months all you have to do is construct it and then it is a dead issue I think. (Inaudible) Morrow. I think at least my intent here in terms of seeing if we table it for 6 months is that it is a last resort type of deal. If something can't be worked out at all then we come back in the public forum and figure out something. My preference would be that it is done and you are operating and the asphalt or whatever is there. Not that we don't like but it would be real nice not to see you anymore. T. Shoemaker: 1 would like to, I know we can't do those (inaudible) 15th of March or something like that. I would prefer not to go the six months because I am sure we can find something before the six months. I would like to get it before that the earliest or the latest we can do instead of waiting six months. Morrow. You can do, you can start tomorrow. T. Shoemaker: But if we can't find anything then we are going to have to have you guys say alright yea or nea, so we are going to have to come back for that official Meridian City Council December 20, 1994 Page 8 Morrow. And that would be in six months time. T. Shoemaker: That is why I am saying can we do it before then? (Inaudible) Morrow Mr. Mayor I withdraw my former motion with respect to the Kingsford: I think you have to have a motion to withdraw the second first. Corrie: I will withdraw the second Morrow. Mr. Mayor I withdraw my motion to adopt the findings of fact and conclusions of law. Kingsford: Is there a new motion? Morrow: Mr. Mayor I move that we table the Tami and Jamison Shoemaker variance request until a date 6 months from the second meeting in December, the second meeting in June. Crookston: Point of order, I thought we had a motion to withdraw the approval of the findings of fact and conclusions of law, we did not have a vote on that. Then we had the motion to table it and we had a vote on that. Kingsford: We haven't yet had a vote on the table, we haven't had a vote on either of them. I would entertain a vote on the withdrawal, all those in favor of withdrawing? Opposed? MOTION CARRIED: All Yea Kingsford: Motion on the table. Morrow: Mr. Mayor I move that we table to the second meeting in June the Tami and Jamison Shoemaker request for a variance. Yerrington: Second Kingsford: Moved by Walt, second by Max to table the request for variance for 6 months to the second meeting in June for the Shoemakers, all those in favor? Opposed? MOTION CARRIED: All Yea -44 /f a e i;q,rt h e i- /�ro�eeEy Ac q-2o- �c d,7 ���� acs � �1� �- ��� ��° (208) 884-1300 EXT. 236 & 238 BUS. (208) 884-1306 FAX, 880-1047 MOBILE GARY and NANCY MUMFORD Sales Associates ,Q g-W7,—ts� COLDWELL BANKER ASPEN REALTY, INC. 900 NORTH LINDER ROAD MERIDIAN, ID 83642 An Independently Owned and Operated Member of Coldwell Banker Residential Affiliates. Inc. L ak L41 vos c c� V .;UJ .i fJ OJU .i�hi) . 4001; uui GLENN J. RHODES, President SHERRY R. HUBER, vice President JAMES E. BRUCE, Secretary Shari Stiles Planning & Zoning Administrator City Of Meridian RE: MERIDIAN VARIANCE 1031 E. 1St RECEIVED D E C 2 0 1994 December 20, 1994 VIA FACSIMILE MERVEIST.MEM Cottage Expressions The parking layout along the Carlton Street frontage shows that several future proposed parking spaces will force vehicles to back directly into the street to leave the premises. The District generally does not allow this sort of situation for commercial projects and staff recommends that those additional parking spaces not be allowed as shown. We do agree with allowing the handicapped parking space remain in the proposed location which is parallel and within the public right-of-way. If you have any questions or comments, please call me at 345-7662. St art C. Rich�evel opmen Analyst Development Services SCR/scr CC: Project File Chron File Tami & Jamison Shoemaker ada county highway district 318 East 37th • Boise, Idaho 83714 - Phone (208) 345-7680 DEC 20 194 15:08 ')00 'isle cera once n, MERIDIAN CITY COUNCIL MEETING: DECEMBER 20. 1994 APPLICANT: TAMI AND JAMISON SHOEMAKER ITEM NUMBER; 4 REQUEST; FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS f, le — 6145eo �x,f^�'ss PARKING LOT LICESNE AGREEMENT This Agreement made, effective as of fti I , 1996 by and between the Chapel of the Chimes, whose mailing address is, 105 E Carlton Ave., Meridian, Idaho 83642, hereinafter referred to as Licensor, and Jamison and Tami Shoemaker, whose mailing address is 1664 S Sportsman Way., Meridian, Idaho 83642, hereinafter referred to as Licensee. RECD, v The parties hereto agree as follows: JUN i 1 1996 rry PF'VIERIDWM Section 1. Grant of Permission. In consideration of Licensee's promises contained in this Agreement, Licensor hereby gives permission, revocable and terminable as provided below, to Licensee and to Licensee's tenants leasing commercial properties located at 1031 East First Street, Meridian, Idaho, and the customers of such tenants to enter upon that certain real property of Licensor improved as a parking lot and more particularly described below for the purpose of using portions of it for temporary automobile parking, all on the terms and conditions set forth in this Agreement all of which Licensee promises to comply and abide with. Section 2. Description of Property. The real property of Licensor that Licensee and the persons described in Section I hereof are permitted to enter upon and utilize the parking spaces as herein provided pursuant to the terms of this Agreement is more particularly described on Exhibit A attached hereto and by this reference made a part hereof. Section 3. Consideration. The permission granted to Licensee under this Agreement is given to Licensee as an accommodation to Licensee and it shall be without charge to Licensee for the use thereof. Licensee hereby acknowledges the title of Licensor to the above described real property and now and forever for himself and his successors and assigns hereby relinquishes and/or disavows any right title and interest therein. Section 4. Permission Not Exclusive 'Me permission granted to Licensee under this Agreement is not exclusive to Licensee and Licensee and the persons identified in Section I hereof shall only have the privilege under this Agreement of occupying up to so parking spaces at only such times daily from 2:00 a.m. to 10:00 p.m. as such parking spaces are not being utilized by Licensor or it's employees or guests and further provided that Licensor hereby reserves for the benefit of employees or guests a priority license to utilize said parking spaces at any such time Licensor deems necessary. The exclusive right and privilege of Licensor to utilize all of the real property described herein, including the 2.0 parking spaces subject to the provisions hereof for the periods not covered by the non-exclusive licenses provided for herein are specifically reserved to Licensor and its employees and guests. Section 5. No Buildings. Obstructions or Exits Licensee shall not -erect any buildings or other structures on the herein described property, or erect or have, erected or installed, permit to remain on the subject property any temporary structures, fixtures, shelters, PARKING LOT LICENSE AGREEMENT - attachments, signs or other things attached to or being on such real property and placed thereon by Licensee or the tenants or customers or such tenants of Licensee. In addition, Licensee shall not install, nor permit any of its tenants to install, any additional doorways or passageways providing pedestrian ingress or egress to the parking spaces from the side or rear portions of licensed commercial buildings. Section 6. Use. Licensee shall not use the herein described property for any other purpose other than the temporary parking of automobiles during the hours permitted by Section 4 hereof, and shall not perform or permit any of Licensee's tenants or the customers thereof to perform any disorderly conduct or commit any nuisance on such property or to use such property in any way so as to interfere with the exercise by Licensor or its employees or guests of the complete and unobstructed use of the subject property, Section 7. Indemnification. Licensee shall exercise the privileges under and pursuant to this Agreement at Licensee's own risk, and, irrespective of any negligence of Licensor, Licensee shall indemnify and bold Licensor harmless from and against any and all liability for damages, costs, losses, and expenses resulting from, arising out of, or in any way connected with the, occupation or use of the described real property by Licensee, or the Licensee's tenants or their customers, or the failure on the part of Licensee to perform fully all and singular Licensee's promises contained in this Agreement. Licensor shall not be liable to Licensee if for any reason whatsoever Licensee's occupation or use of the property under and pursuant to this Agreement shall be hindered or disturbed. Licensee shall procure and maintain comprehensive general liability insurance covering Licensor as an additional insured against claims for bodily injury or death or property damage occurring in, upon or about or resulting from the real property herein described, or any street, drive, sidewalk, curb, or passageway adjacent thereto, in standard form and with such insurance company or companies in an amount of no less than One Million Dollars ($1,000,000) which insurance shall include blanket contractual liability coverage which insures contractual liability under the indemnifications set forth in this Agreement. Section 8. Privilege Not Assi nable. Licensee's privileges under this Agreement shall not be assignable by Licensee in whole or in part. Section 9. Termination: Licensor reserves the right to terminate the permission granted by this Agreement, in its sole and absolute discretion, at any time by giving Licensee at least thirty (3 0) days written notice of such termination, except that Licensor may, at its election, terminate the permission immediately without such notice at any time Licensee shall fail to comply with or abide by each and all of the provisions of this Agreement or to keep all and singular Licensees promises contained in this Agreement. Section 10. Notice. Any notice provided for or concerning this Agreement shall be writing and shall be deemed sufficiently given when sent by regular U.S. Mail if sent to the respective address of each patty as set forth at the beginning of this Agreement. PARKING LOT LICENSE AGREEMENT - 2 Section 11. Time is of the Essence. It is specifically declared and agreed that time is of the essence of this Agreement, Section 12. Governing Law. It is agreed that this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Idaho. Section 13. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of anv broach of any of the terms and conditions of this Agreement shall not be construed as r thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. Section 14. Attornev's Fees. In the event that any action is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all sums that either party may be called upon to pay, a reasonable sum for the successful party's attorney's fees. Section 15. Entire Agreement. This Agreement shall constitute die entire Agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. Section 16. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either parry in connection with this Agreement shall be binding only if evidenced in writing, signed, by each party, or an authorized representative of each party. IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first above written. CHAPK OF THE 'CS BILL BREWER PARKING LOT LICENSE AGREEMENT - 3 Q-4 .0 B - ca C. Ik -t' o V-, Meridian City Council December 6, 1994 Page 3 Kingsford: Moved by Walt, second by Bob to approve of the decision on the variance, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Walt, you made the motion would you read the decision please? Morrow: Upon motion duelly made and seconded the application of Vijya Laxmi Development Inc. for a variance from 11-9-605 E which variance would allow a block length greater than 1000 feet is hereby denied. Kingsford: Those findings can be picked up in the morning. ITEM #3: TABLED NOVEMBER 15,1994: FINAL PLAT FOR HARTFORD SUBDIVISION, 66 LOTS BY VIJYA LAXMI, INC.: Morrow: With the request for variance being denied, if the variance is denied the final plat as presented to us reflects an approval of that variance so it would appear to me that the final plat needs to be tabled pending correction of the final plat, so I would so move. Corrie: Second Kingsford: Moved by Walt, second by Bob to table the final plat for Hartford Subdivision until the next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A VARIANCE REQUEST BY TAMI AND JAMISON SHOEMAKER: Kingsford: Has the Council reviewed those findings? Crookston: Mr. Mayor we do not have findings on those. Kingsford: My agenda says that we do. Crookston: That is what your agenda says but we don't have them. Kingsford: Will you explain that to me? Crookston: Yes I will, Shari Stiles and I have discussed this, what was presented to the Meridian City Council December 6, 1994 Page 4 City on the variance had a map with it that showed 6 parking spaces along the alley between this property and Circle K, it also showed 3 parking spaces on the north along Carlton Street. In preparation of the findings when I saw that map and I saw the application that they needed 9 off street parking spaces, I looked at the map and said well they have 9 off street parking spaces. So I had a discussion with Shari and I questioned how many parking spaces they actually needed. There was discussion between her and myself, ultimately it turned out that at least the parking spaces along Carlton may not be able to be done. Then I received the comments from Ada County Highway District which indicated that they parking spaces along the alley needed to be angled, that was not shown on the map. We thought that it was better to have some more input from the Showmaker's, Shari I thought that we had discussed that she would contact the Shoemaker's, I don't know whether she did, but we need some more input on that. Specifically what actually can be done there. So we ask that the findings be delayed until we had that information. Kingsford: It is pretty much then what you and I talked about yesterday. Shari, did you contact the Shoemaker's? Stiles: Yes, I understood that they were going to be here tonight, but maybe something came up. Shoemaker: (Inaudible) Stiles: I talked to your husband when he brought that site plan in. Shoemaker: (Inaudible) He is supposed to be here, he met with you and all I know is that he showed you what we were supposed to draw up the 450 angles that you wanted to see that in there and he brought that. That is all I know that was revealed to me from him of your meeting. Maybe there was more but that was all I got from him, we don't know that there was anything more said about the Carlton parking that we cannot do at this time because of they are asking us to put in that big pit in that small area for 3 parking spots which cost more than the parking itself. That alone costs a lot, we have to knock down the shed to do it. We can put the 6 in the angled and he brought something to you, do these guys have it? Stiles: Yes Shoemaker. Okay, to be abled to have the angled like the Ada County Highway I think it is, would like us to do. And then we can also have the one on Carlton for the handicapped that we had discussed at the last meeting, he shows that. We do plan to eventually put in more but at this time that is what we can put in. Meridian City Council December 6, 1994 Page 5 Kingsford: Counselor, Shoemaker: I know this is what we discussed last time too. Crookston: That certainly helps, a question that arose was the lighting that you propose, particularly along the parking in the alley. Shoemaker: There is a large light there already that is in the alley that will remain there. It is a big street light. Crookston: Is that along 1 st Street, or is it towards the back? Shoemaker: It is in the alley along E. 1st but it lights up the entire backyard which will light up that entire parking area. It is bigger than your street lights that we have now on E. 1 st. Crookston: So, under your proposal then, you would have 6 parking places. Shoemaker: And the hadicapped would make 7. Crookston: How many are you required to have? Shoemaker: Did it come out to be 9? Stiles: I believe so. Shoemaker: We were trying, was it 7, 1 don't remember. You were going to check on that to how many square feet and, did you check on that specifically? Last meeting I remember we couldn't decide on if it is square feet or occupnacy or whatever it was you were going to check on that. Stiles: Our ordinance requires the square footage, it is just based on square footage. So did you figure out exactly what that was. Kingsford: Was that what the 9 was based, square footage? So your request for a variance is from 9 to 7? Shoemaker: Right Kingsford: And that is then what you will deal with? Shoemaker: And that is basically to save that tree. Meridian City Council December 6, 1994 Page 6 Crookston: I have seen the new map that was brought in. That extends the parking towards the tree, how far does that extend it? Shoemaker: (Inaudible) it brings it farther west than the original 6 900, but the 900 was 20 foot plus the 5 foot walk and the 450 is a 15 foot distance. So it brought us back 5 feet. Crookston: By saying brought it back what do you mean? Shoemaker: It brought it back towards the alley at the south 5 feet farther away from the original. I coudl show you, there is a little bit left (inaudible) original corner of the 900, 6. Crookston: It was substantially farther away from the tree initially then this shows. Shoemaker: The 90°, the Ada County Highway District required the 450. Even at 6, we are farther than we would like to be. That is where we are at, quite a bit that way and quite a bit into the trumpeter vines also. So, I am sorry I don't have it measured in feet, but the 5 foot going south I believe helps also. Crookston: Do you think that is going to interfere with the life of the tree? Shoemaker: If I had it my way I would like to reduce that to 5, because that 45° taken so far. We are at the mercy of the City here to try and find a compromise that is workable. Crookston: (Inaudible) the parking along Carlton, the 3 spaces that you showed on your initial map. When could you put those in? Shoemaker: Talking with Ada County Highway District we don't know if they will ever allow us to do that as drawn because it would cause them to back up onto Carlton and as you know they don't like that idea of having to back into a street, even a side street. So that is something the architect drew up and aparently at that point in time it had never gone before Ada County Highway District. Crookston: Is there anyway to extend that area to make it bascially a parking lot where they would drive in and park along your west boundary. And then when they came out they would be facing out. T. Shoemaker: I know the architect looked at that at one time and didn't think it was able to do it without more footage because we have that building built there. Shoemaker: You would be in a situation where the only place they could back up is our proposed handicapped spot and obviously if somebody is there then there is not much Meridian City Council December 6, 1994 Page 7 room there to (inaudible) there is no room to turn a car around even if you took out that existing garage. Crookston: Thank you. Kingsford: Counselor, do you have adequate information for findings now? Crookston: I do, it just seems to me there might be a way to make parking along that west boundary though and then they would meet the ordinance and they wouldn't need a variance. I think it is fine along the alley. Kingsford: And you got your architectural degree the same time you got your law degree and all that is kosher. Crookston: Actually I had my architectural before. Kingsford: We are all in trouble. Your recommendation then is what, we have to table this to have findings. Crookston: Yes you do, you need findings. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to table the findings of fact and conclusions of law for a variance for Tami and Jamison Shoemaker until next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea (Inaudible) Kingsford: If we need anything they had better get with you and in advance of next meeting. (Inaudible) ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING FOR RAVEN HILL SUBDIVSION BY ALLAN CHANDLER: MERIDIAN CITY COUNCIL MEETING APPLICANT:. AGENDA ITEM NUMBER: REQUEST: G' -n AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: �j ie"1 111 f a ces ,SLI n4.'9F —'-4 "14 :- 14-1 AGE EXPRESSIONS DEL AND ADDITION I I I I )/ t-elq � 404 fa°t", `0'3I il. eg��- � �-g7 N i �„', A, n4.'9F —'-4 "14 :- 14-1 AGE EXPRESSIONS DEL AND ADDITION I I I I )/ t-elq � 404 fa°t", `0'3I il. eg��- � �-g7 Meridian City Council November 15, 1994 Page 12 Kingsford: Moved by Walt, second by Ron to approve of Ordinance #678 with suspension of the rules, roil call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea \d ITEM #8:_ PUBLIC HEARING: VARIANCE REQUEST BY TAMI AND JAMISON SHOEMAKER: Kingsford: At this time I will open that public hearing and invite the owner or his designee to speak first. Jamison Shoemaker, 1664 South Sportsman Way, was sworn by the City Attorney. Shoemaker: Basically what our request is, this is the map that Ada County Highway District had, the City had an updated map which shows 9 parking spots along the alley. And when we looked at that and measured that out that would obviously hinder that black maple tree that is there to the point that we would end up killing that tree because of covering the root system. So we have asked for a variance to limit that to 6 spaces, the Ada County Highway District has asked us to make that from 900 to 450 which I would calculate I think would take another 6 more feet. That is the just of it, one other point that I have always been trying to get a clear answer on, we have an area over available that would be a good spot for handicap off Carlton, but if you notice this line that is our property line and then the rest of it is easement. And talking to our architect he didn't want to draw one in there because I guess technically you are not supposed to put any parking in an easement. So that becomes dead man's land, but it would be a good spot to take this handicap spot, put here making access to the entrance way closer and then that would also that extra 5 foot could give us an extra 5 foot buffer zone for that tree there also. don't know what the technical ramifications are to put that handicap in that area. Kingsford: I think that depends on the designation of the easement, doesn't it counselor. If it is just an easement you own the property you can do with it what you want so long as it doesn't impact someone's availability to use that. Crookston: That is correct, pavement could be torn up or removed if access needed to be gained to the purpose of the easement. Shoemaker. Maybe I am using the wrong term, it is their right of way, this line is our actual property line, this dotted line we have property pins and that is our property line. So that is right of way that the County is not using right now, the curb is out here, we propose Meridian City Council November 15, 1994 Page 13 putting in 5 foot sidewalk and still ample room for a parking spot. Kingsford: I think you could use that for that so long as the highway district doesn't widen that street. Shoemaker: That is my assumption that it would be available and if they wanted to widen the street someday then we would lose that parking spot. Kingsford: Any questions for Mr. Shoemaker? Morrow: I have a couple of questions, we have in our packet a couple of letters from neighbors. Apparently this has become expanded from an original gift shop to the concept of a shop and a restaurant. I have noticed myself in driving by that it is apparently very successful which is a positive thing. But in the letters in our packet from a couple of the neighbors and speaking verbally to another one at some points in time parking at this place does infringe upon the neighbors usages of their properties and their parking even though they are public streets. It seems to be sensitive to try and save the tree going from 9 to 6 spaces means that is 3 more spaces that are on the public street and impact the neighbors. It would appear to me that something needs to be done my you folks to help address and alleviate the problems with respect to the neighbors properties even with putting in the spaces because they certainly have rights to use their property free from your business impacting them. I am not exactly sure what I am suggesting here to you other than you need to be a little more sensitive or maybe alter business hours a little bit or something to make sure you are helping those folk out. In a new construction project the parking requirements would be very restrictive and they would be well tied to the building and so on and so forth and there would be a minimal impact on the general public parking. And so this is a situation where a business has gone from a very small neighborhood type business to a business that is fairly successful and it is having a greater impact on the neighborhood. I guess I might suggest that before it expands any more or has a greater impact that some consideration of those neighbors be taken into account. Kingsford: We will allow you to offer comment when he is finished, 1 don't want to see a family fight here. (Inaudible) Kingsford: Everyone will have a shot, it is a public hearing. Shoemaker: If I understand Meridian City Council November 15, 1994 Page 14 Kingsford: I am not sure that is good idea for me to say shot and him talking about dead man's land and being that close to mortuaries is kind of an eerie thing, go ahead. Shoemaker: I am trying to remember exactly on the City code for restaurant and retail space, is it parking spot for every 200 square feet? Kingsford: I think there are 2 different things, isn't there a space, square footage and also for number of seating, if I remember correctly. I might be confusing that with water and sewer hook ups. Stiles: I think it is just based on square footage as far as I can remember. Shoemaker. I cam up with 1635 square feet of retail and restaurant space, I believe I can subtract kitchen and bathrooms and things like that, am I correct on that. Stiles: I believe it is based on gross floor area. Shoemaker: Okay, whether it is retail space. At the 1635 that would be 8 1/3 parking spots I don't know if we go up or is we round down if it is under 100 square feet. If it is at 8 with B6 and if I am allowed to do this one here I would be at 7 and that is within one and that is a lot of parking spaces compared to a lot of the downtown businesses if you want to look at amount of square footage. So I feel we are making a major step towards trying to be line with the needs of the neighbors and try and stay in line with what we are capable of doing and staying within the City ordinance. Tami Shoemaker, 1664 South Sportsman Way, was sworn by the City Attorney. Shoemaker: In your address, I understand when you said if we do anything more in expanding we need to look at that further down which if we do anything more we will not go and expand until we could have more parking which is something we have in the planning. If we do, we have talked to a close neighbor that we can buy some more property for some more parking. At this time we can't just like a lot of people in the downtown area cannot apply more parking. I see some on the list that are asking for variances that don't have any room for off road parking. Yes it has been successful, we have tried to be very cautious of our neighbors and are trying to be careful. One of. the things I would propose that the City could help with is if they would actually put lines on Main street, on East 1 st street and actually say there is parking there. We have many and many that don't think they can park in those bulbs especially when they are coming from other out of town areas. And then they will park and take up 3 good parking spots because there is no actual line. I am very, I say this over and over it needs to be actual lines to say that is parking instead of just a little white line that you can't see especially. Meridian City Council November 15, 1994 Page 15 I would propose, that would really help for the street parking. We are trying to, if we do expand we would not expand without being able to have ample parking later on. Kingsford: Thank you Tami. Lila Hill, 5175 Howry Lane, was sworn by the City Attorney. Hill: I own the property at 51 East Carlton which adjoins the Shoemaker's property. It is true, Tami has talked to me about the purchasing of my property and as long as my son Boyd is living there it is not for sale. So it eventually will be because I think someday Boyd will move from there. But as to the tree, if there was a way to fix it so that tree could be saved because that is a really special tree. It is the only tree of its type in the area, if it could be fixed so that now that the parking is on a angle that there could be even one more place between it and my property which would give that additional parking place and that might be looked into but I think there are ways of working around just so that there would be enough left that you get water to the roots of that tree. Because if the tree was there when I purchased that property almost 40 years, it was a growing tree at that time and it is a magnificent tree now and I would certainly hate to see it destroyed. But I think there might be ways of making parking around since they have gone to the angle instead of the straight which might make a dip in for the tree and room for another parking space. Their alley of course is narrow but so is Carlton Street, you have to really careful backing out of our property onto Carlton because if there is someone parked behind you there is not quite enough room. It is one of the narrower streets but I certainly, if there is anyway to save that tree let's try to do it. Kingsford: Anyone else from the public that would like to offer testimony on this? Roen Wilson, 1567 Leslie Way, was sworn by the City Attorney. Wilson: I cannot address the tree because I have not noticed the tree and I appreciate trees too. But I am concerned about the parking situation there and I have observed that when people come to the Cottage Expressions shop they usually stay quit a long time because they are eating there. I have seen cars there for an hour and a half. I don't know how many people they can serve but figure it out for yourself. Even if they had 8 or 9 parking spots that still being there that long a period of time causes a lot of congestion .and they are parking way up 1 st Street even on the other side of 1 st Street and on Carlton both ways. So I think that it is a real problem and I think it is going to be a bigger problem if off street parking isn't really careful addressed. Thank you Kingsford: Thank you (End of Tape) Counselor, how does that, need to have findings on a variance? Meridian City Council November 15, 1994 Page 16 Crookston: Yes we do. Kingsford: It is appropriate to direct the Attorney to prepare those. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to have the City Attorney prepare findings of fact and conclusions of law on the request for a variance on parking by the Shoemakers, all those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Mr. Mayor, could I ask a couple questions on this one. Mr. and Mrs. Shoemaker, on the garage, it says existing car port and patio to be enclosed, are you intending on using that as part of the restaurant patio is there anyway you can work something out that the garage area can be made into a parking area? (Inaudible) Corrie: It is already enclosed you can't tear the garage down? (inaudible) Corrie: Is that green garage part of yours? (Inaudible) Corrie: It is a shed, I was wondering if there is anyway that can come down and be an extra parking for you? (Inaudible) Corrie: How many people do you serve at a time. (Inaudible) Kingsford: Those findings will be approved at the next meeting. Anytime you deal with a land use change under the Land Use Planning Act you have to have findings of fact and conclusions of law to take into account that testimony that was given and so forth and Meridian City Council November 15, 1994 Page 17 weight that against what the law is and our zoning ordinance and so forth and then make a decision based on that. So, what happens is Wayne will call each of the Councilmen and take their view as to what took place at the public hearing and examine that against the ordinances and see how that measure and make that a public finding. That is another way of saying it is avoiding the legal hassle of being sued and those sorts of things. Is that reasonably appropriate Counselor? Crookston: I will generally agree with your comment. Shoemaker: Because of this off road variance we have given temporary occupancy of the new addition, what does this do for our occupancy? Kingsford: Well, I would assume that your temporary occupancy is based on this variance being granted and so that will be in effect until such time the Council makes a ruling. ITEM #9: PUBLIC HEARING: VARIANCE REQUEST BY JOSEPH AND MARY daROSA: Kingsford: At this time I will open that public hearing and invite them or their representatives to speak first. Is there anyone from the public that would like to offer testimony on this issue? Julie Grapatin, 137 East Pine, was sworn by the City Attorney. Grapatin: Since they are not here does that mean nothing happens? I live right across the street and I am concerned about parking also. Kingsford: It doesn't mean that nothing will happen, this has been noticed and the public has an opportunity to give input this evening and this is the one public hearing that they get a chance to do that. Take whatever shot you would like. Grapatin: Since the beauty school moved in across the street from us, we don't have a chance to park in front of our house anymore or around our house. In fact I can't get in my driveway some days to get to my garage. If another business across the street is going to take more parking I just wonder what is going to happen there at Pine and 2nd. There is a lot of business and a lot of cars, there is not much room left. That was my only comment. Kingsford: Any questions the Council may have. Thank you, anyone else from the public that would like to offer testimony on this issue? Seeing none I will close that public hearing. We need to have findings prepared. Walt, did you have a comment? MERIDIAN CITY COUNCIL MEETING: November 151994 APPLICANT; TAMI AND JAMISON SHOEMAKER AGENDA ITEM NUMBER: 8 REQUEST;VARIANCE REQUEST BY TAMI AND JAMISON SHOEMAKER AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED' CITY FIRE DEPT: SEE ATTACHED COMMENTS 4 / I CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: 0Ajj c n:( MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY A DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION; SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH. P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 8884433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TO: Mayor and Council FROM: Shari L. Stiles, Planning & Zoning Administrator DATE: November 10, 1994 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning SUBJECT: Variance Request for Off-street Parking Requirements - Tami and Jamison Shoemaker This request was precipitated by the Applicants' increasing the restaurant area, thus adding to the parking necessary. The Applicants participated in the East First Street LID to improve the current on -street parking. I believe the retention of the existing tree is a valid reason for granting the variance, and I recommend approval provided neighboring properties are not adversely affected and all other agency and staff conditions are met. HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A Good Place to Live WILLIAM G. BERG, JR., City Clerk RONALDDTOLSMA JANICE L. GASS, City Treasurer CITY OF MERIDIAN MAX YERRINGTON ROBERT D. ORRIE GARY 0. SMITH, P.E. City Engineer BRUCE 0. STUART, Water Works Supt. WALT W. MORR ROW JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner & Zoning Administrator W.L. 'BILL" GORDON. Police Chief JIM JOHNSON WAYNE G. CROOKSTON. JR., Attorney Phone (208) 888-1433 • FAX (208) 887-4813 Chairman - Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 8, 1994 TRANSMITTAL DATE: 10/24/94 HEARING DATE: 11/15/94 REQUEST: Variance Request for Tami and Jamison Shoemaker BY: Tami and Jamison Shoemaker LOCATION OF PROPERTY OR PROJECT: Corner of E. Carlton and East 1st Street JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z _CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z _GRANT KINGSFORD, MAYOR RONALD TOLSMA, CIC _BOB CORRIE, C/C _WALT MORROW, C/C MAX YERRINGTON, C/C _WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PRECEIVED ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION 0 C T 3 1 1994 CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT CITY OF MERHA SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF LAMATION(PRELIM & FINAL P CITY FILES OTHER: YOUR CONCISE REMARKS; i7 �/ HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA BER City ., City le WILLIAM JANICEL. BERG. JR., Treasurer WILLIE L. G. CITY OF MERIDIAN MAX YERRINGTON ROBERT D. CORRIE GARY 0. SMITH, P.E. Cit Engineer Y 9 R WALT W. MORROW BRUCE 0. STUART, Water Works Supt. Supt. 33 EAST IDAHO STILES JOHN T. SHAWCROFT, Waste Water KENNY W. BOWERS. Fire Chief MERIDIAN, IDAHO 83642 & Zoning Planner 8 Zoning Administrator Z W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 8884433 • FAX (208) 887-4813 Chairman - Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 8. 1994 TRANSMITTAL DATE: 10/24/94 HEARING DATE: 11/15/94 REQUEST: Variance Request for Tami and Jamison Shoemaker BY: Tami and Jamison Shoemaker LOCATION OF PROPERTY OR PROJECT: Corner of E. Carlton and East 1st Street JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z _CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z _GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C _BOB CORRIE, C/C _WALT MORROW, C/C _MAX YERRINGTON, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLA -M ADA COUNTY HIGHWAY DISTRICT RECEIVED ADA PLANNING ASSOCIATION OCT 2 6 1994 CENTRAL DISTRICT HEALTH SETTLERS IRRIGATION D SNAMPA MERIDIAN TRIDISTRICT Ci,�. , , l d1 11'►iia f'��s� IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: ZO YOUR CONCISE REMARKS: TI<i .s , i�, o a s io o f I✓ FFe cl' 7"h -e- �LENN J. RHODES. President -H.ERRV R. HUBER. Vice President ;MMES E. 3RUCE, Secretary TO: FROM: SUBJECT: ACHD Commission Development Services RECEDED NOV 041994 'LATER -DEPARTMENT CORRESPONDENCE cl'! �HOEMKR.VAR/ DSTECH 11-9-94 Variance from Parking Standards DATE: November 4, 1994 1031 E 1st, Meridian (Applicant - Tami and Jamison Shoemaker, 1664 Sprortsman Way, Meridian ID 83642) PRELIMINARY REPORT - NOT FINAL UNTIL APPROVED BY THE ACHD COMMISSION FACTS & FINDINGS: 1. The applicant is requesting a variance from the City of Meridi- an's standards and proposes to have 6 -parking stalls perpendic- ular to the alley along the site's south side. The site is located at the southwest corner of Carlton and 1st Street. 2. GENERAL INFORMATION: LEAD AGENCY - City of Meridian ACRES - 0.25 SQUARE FEET OF PROJECTED BUILDING - 325 ZONING - Commercial - ESTIMATED VEHICLE TRIPS PER DAY - 20 TRAFFIC ANALYSIS ZONE - 270 L.F. OF FRONTAGE ON 1st Street - 125 MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE -TO -RIVERS PATHWAY PLAN - Route EXISTING RIGHT-OF-WAY - 72 -feet REQUIRED RIGHT-OF-WAY - No additional right-of-way required 1st Street is improved with a 49 -foot street section and a 12 -foot wide sidewalk with 2 -feet of.brick pavers. L.F. OF FRONTAGE ON Carlton - 110 MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Local ADA COUNTY RIDGE -TO -RIVERS PATHWAY PLAN - No pathway shown EXISTING RIGHT-OF-WAY - 42 -feet REQUIRED RIGHT-OF-WAY - No additional right-of-way required. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 variance - 1031 E est Parking Standards November 4, 1994 Page 2 Carlton is improved with a 33 -foot street section and a sub- standard sidewalk. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. There is an unimproved alley along the site's south boundary. The alley has 16 -feet of right-of-way. The actual driveable width of the alley has been reduced to approximately 12 -feet by structures and fences. This is insufficient width for vehicles parked perpendicularly to back-up. Staff recommends 45 -degree angled parking with 16 -feet of pavement, reduced to a minimum of 12 -feet where obstacles exist. 4. This application is scheduled for public hearing by the City of Meridian Planning Commission on November 11, 1994. The following requirements are provided to the City of Meridian Planning & Zoning as conditions for approval. SITE SPECIFIC REQUIREMENTS: 1. Replace unused curb cuts on Carlton Street with standard curb, gutter and sidewalk. 2. Locate driveway curb cuts a minimum of 5 -feet from the side lot property lines when driveways are not being shared with the adjacent property. 3. Utilize 45 -degree angle parking off the alley. Coordinate design with District Traffic Services staff. 4. Pave the alley with a minimum of 12 -feet wide abutting par- cel. Where obstructions permit, 16 -feet of pavement will be required. 5. Construct 5 -foot wide concrete sidewalk on Carlton abutting parcel. STANDARD REQUIREMENTS• 1. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall conform to the requirements of the City of Meridian and shall retain all storm water on-site. 2. A right-of-way permit must be obtained from ACHD for any street or utility construction within the public right-of- way. Utility cuts should be combined where practical to limit Variance - 1031 E '-it Parking Standards - November 4, 1994 Page 3 pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. 3. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar dans of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: Karen Gallagher l OLSL-991 (oOZ) 71WN LLit-49t toot) ::o! li"ito I99to o4opq 'or - • tot '94S '41n*S Huls H+U /ZZI I� UW4wllr • r- .+an OA 1Y 'Q'mwrm T1T�al -LSSf1 -LbON Madn.LC;3J.1 HO2d'D' "AQz NOIJilaad GNd '13Q SNOISS3bidX3 3DV ooi,4= I IV p� CIF CENTRAL DISTRICT HEALTH DEPARTMENT Rezone # Conditional Use # REVIEW SHEET Environmental Health Division l ,. "`Return to: N 0 V 3 !9j' '} ❑ Boise . El Eagle C1Ji Y V irii;ilill�i" ❑ Garden city �leridian ❑ Kuna Preliminary / Final / Short Plat ❑ ACZ /�i�- C�- ❑ I. We have Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ solid lava from original grade ❑ b. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet ❑ 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 9. Street Runoff is not to create a mosquito breeding problem. ❑ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 12. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store 13. q NO ©13 Date: v Reviewed By:� 0 OND 10/91 rcb, rev. 11/93 ill OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH. P.E. City Engineer BRUCE D. STUART. Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GOROON, Police Chief WAYNE G. CROOKSTON. JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 8884433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor G COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 8, 1994 TRANSMITTAL DATE: 10/24/94 HEARING DATE: 11/15/94 REQUEST: Variance Request for Tami and Jamison Shoemaker BY: Tami and Jamison Shoemaker LOCATION OF PROPERTY OR PROJECT: Corner of E. Carlton and East 1st Street JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z _CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z _GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C BOB CORRIE, C/C _WALT MORROW, C/C _MAX YERRINGTON, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH �NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: Nampa & Meridian Irrigation Dy,,zrr;rr hac nn rommenr on the variance request for T8•I'; nx3ri—T3m•i znn Shnamakar_ Bill Henson, Assistant Water Superintendent Nampa & Meridian Irrigation District RECEIVED N 0 V -7 19-94 CITY OF MEk_w ';1A 4 RECEIVED N 0 V - 8 1594 CITY OF MERIDIAN Loren and Gayla Ross 50 & 52 E. State Meridian, ID 83642 (208) 888-7557 William G. Berg, City Clerk City Council City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 TO WHOM IT MAY CONCERN The following is in response to the proposed application of Tami and Jamison Shoemaker for a parking variance. Upon review of the site plan proposed for additional parking along the alley consisting of 6 parking slots, I have several concerns. One concern is that the area be self monitored/policed to assure that the alley is open at all times and that overflow does not consume parking slots on my property. Another concern is that the alley is one way proceeding west. That means a considerable increase of traffic down the alley. Is there any remedy for dust that either the City or Shoemakers would be willing to participate in? Upon further study of the site plan, is it possible that the parking slots be positioned at either a 45 or 60 degree angle for ease of use? It would appear that a 90 degree placement w/only a 20' depth off of a narrow alley would result in an almost impossible angle to negotiate. The Shoemakers have been good neighbors to us and in no way is the above presented to put an undue obstacle in the way of their progress. Sincerely, Loren and Gayla Ross RECEIVED N Q V 1 4 1994 CITY CI= MERIMAN �- /3- 9� TO mom, d, CI'fV C,) Ljh4A Wl1k wof - Lj?- "ja -fD cxfind Pob1,, 9---av%-Kj aiUL 71, C1"4y hti, 14 'r..e-Tatcy ,a--- MS _) L+ L,I,-e -b 5 " ve my off-), ,' 011 On t�k /031 T f� l*nl< fj e.y n4zd -tv have a4- 1k5+ fixt Nim s-k►;� 5pa(_4_� �w-Oou%`.,--J. �c���d�.,y -i-Q +k -R grcAi _�e(_+v" eIavit Ccty\ c) -g.+ -dot{ par -,;,,9 Spq c -o -S wk +4. oc.+- . k h9 o v } A ma p[z 1ap,kj" -(;r +JAL ei,44,b of Er:Asf CG►-1foj . h9S o+kK Wovse 6.a.GGtuk vs -c- doti.+ kiave mock Pil kih� b-p—hi r\d our h aow. 14h v 4lu-, ftq- S � 1's rIq,rrvby) 4 u, -Aa, Cars a►^4- PC) -l --k-4 a v, b DA SOA 042 `,#- j +- 11 h. -i -P-►- two G415 +D PLASS . #ArO 44-4- Garhner o� 04,s4- /0 5h-- of t),a d +n Aqv-e- I 4 Pf k►� o6 `-ay-] .So We. Lah h✓t f -L 4v Seq- to 94 ok n l� c�q� 5� bvs„ass t• k 4e Ct n5wer ov, a ppraf15-h fv- S+a,% a" -P, Va. ; u ")cc Sqqs I } a11, Tji+ Nol- Ehoujk foam • P- Olt* 3 E&t. C -A v -//-10h ���- �8 �/ � ` �C�/KG'✓nG� ��/GcC.=%� � c� %ZG�-C'6�1 GC /c�zi RECEIVED N 9 V 1 4 1.994 CITY OF MERI 31AN TMeZ,,d,q, C('fV G UkUl PubI« a }U T� C-145 '0-- % �� �� �- . wove, L1, -e -b '3,1 ve my 0,f i,, i'ovN On 44L 1%L►r i a h u- cAi- /031 L—*St 11+- S7F,--Q-t ►�1�:-1cl �4 � • —T 1ft Cill< -t Eley n 4gd fv hawe a4- "s+ s+ Y i r2 �i Y kl;,,dl S�G G� re-� ui-.•� . /� C G o,-�• h5 l V -�i►�Z arci,i -et.+u" X1 5 Ccty� 9� Ac dark 'seraup-S i.Vl'{�.o�} - .k ►.9 ova 44v metpk tveA. Pa✓ -'or- +4.j- ,•,ei,44- c+ E-e,ff CcyIf h4r worse ba- cask v---4 cQo�.+ hav4 mocA P&i-kih9 Our h ouseS. nhd 4vl— -f�GL� ffu- J1'-te{ I`S ylcu-row 4 W na, Cars Ctrs- Pwrk-j o v, bo+k S1&4 042 4t t SI,4t+ 14- IS R.-4 -Cr tWU Ccs✓S +0 fAS e #/,r0 Co"rig r o �- E-aS 4- CW -1 4vY\, + /0 5fr-ce-f tj ee +o A q✓ -e . (zrkl a6 CAvT FeS4-•--c+e4 .SU W� C,Qh ✓{ f'itR. V,"S*; 6;1 ky 4o s, +,:, 94 ok I 5� -T ve Y)All, ctgti,"n s+- fk.,. 6 t- S i LI k 4R Cin ,er o� 1 �- D�- �{u p� c t'1vr �o�- f� S+a�,�ivd�s for Va • I u ►►ce SaIS If at!, TJi+ Imo` Eho ik Y OOM JAP- 0-aAA 3 SE&t C -.A >-- f 7ton RECEIVED N 0 V 1 4 1994 CITY OF MEHIMAN TO Mel, -1414A Ci lt� G Ljku! -� Wt It Yti041 �L "IA to extol® o h cAf- /031 L --)1St 1 Sf"•-�e e"i' �:-� c� 4 Y< t� nK 1 Qy n ewe to have a+ UA -(S+ i"i . VV11v2 �Ctrk►VL! SpGCa� iW-00at, v. qrcj,; -� et. -i -u" pjapjs - "� cc iv\ park;h9 Pa►'kik, -'or- +,kL y o-F��ti worse ��� cQoti+ haute mock PLxvko,9 Dur h oJ��tlll i r� _seS. /Th d �'+��i-flu- } n q Y r V U� 1► a... -GGt r S GtY�C � 1^_kAj _ S 1&4 _. 04? _S�^2.n.'}' � �_IS - R __-�►-._'�'wo G4✓S- � ��cfS . _!7"�,t0. Gary�n�er o�Qs4- Ca6-1 Fnh- /,if`r�e f hid -i-o % )-ki lt� `%q °6 -bars 1-P-s4'►-,-��_ sa wo—_ca.x 1a✓4 -�- � PA, q gejcr i sf fko- bus -'re -ss 6-)1- T i 0nk -14\,e Ct 50-1 #-, cr►, - �� v�- �1 I i - p,-4d%;h - �F� s+E�1 AA •-or va r , Q „mac SalS f ati, TJS4- N04- Ehv'sj „oyn Gcrc GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary TO: TAMI & JAMISON SHOEMAKER 1664 SPORTSMAN WAY MERIDIAN ID 83642 A November 10, 1994 FROM: Karen Gal he r ' ator Developm t s SUBJECT: MERIDIAN V - 10 1ST PARKING STANDARDS Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on November 9, 1994. The attached staff report lists the conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. LS CC: Development Services Chron MERIDIAN CITY HALL ada county highway district 318 East 37th • Boise, Idaho 83714 9 Phone (208) 345-7680 i � I 4�1 I � GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary TO: FROM: SUBJECT: ACHD Commission Development Services INTER -DEPARTMENT CORRESPONDENCE SHOEMKR.VAR/DSTECH 1.1-9-94 DATE: November 7, 1994 Variance from Parking Standards 1031 E 1st, Meridian (Applicant - Tami and Jamison Shoemaker, 1664 Sportsman Way, Meridian ID 83642) FACTS & FINDINGS: 1. The applicant is requesting a variance from the City of Meridi- an's standards and proposes to have 6 -parking stalls perpendic- ular to the alley along the site's south side. The site is located at the southwest corner of Carlton and 1st Street. 2. GENERAL INFORMATION: LEAD AGENCY - City of Meridian ACRES - 0.25 SQUARE FEET OF PROJECTED BUILDING ADDITION - 325 ZONING - OT (Old Town) ESTIMATED VEHICLE TRIPS PER DAY - 20 TRAFFIC ANALYSIS ZONE - 270 L.F. OF FRONTAGE ON 1st Street - 125 MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE -TO -RIVERS PATHWAY PLAN - Route EXISTING RIGHT-OF-WAY - 72 -feet REQUIRED RIGHT-OF-WAY - No additional right-of-way required 1st Street is improved with a 49 -foot street section and a 12 -foot wide sidewalk with 2 -feet of brick pavers. L.F. OF FRONTAGE ON Carlton - 110 MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Local ADA COUNTY RIDGE -TO -RIVERS PATHWAY PLAN - No pathway shown EXISTING RIGHT-OF-WAY - 42 -feet REQUIRED RIGHT-OF-WAY - No additional right-of-way required. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 variance - 1031 E 1st Parking Standards November 7, 1994 Page 2 Carlton is improved with a 33 -foot street section and a sub- standard sidewalk. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. There is an unimproved alley along the site's south boundary. The alley has 16 -feet of right-of-way and is one-way. The actual driveable width of the alley has been reduced to approx- imately 12 -feet by structures and fences. This is insuffi- cient width for vehicles parked perpendicularly to back-up. Staff recommends 45 -degree angled parking with 16 -feet of pavement, reduced to a minimum of 12 -feet where obstacles exist. 4. This application is scheduled for public hearing by the City of Meridian Planning Commission on November 11, 1994. The following requirements are provided to the City of Meridian Planning & Zoning as conditions for approval. SITE SPECIFIC REQUIREMENTS: 1. Replace unused curb cuts on Carlton Street with standard curb, gutter and sidewalk. 2. Locate driveway curb cuts a minimum of 5 -feet from the side lot property lines when driveways are not being shared with the adjacent property. 3. Utilize 45 -degree angle parking off the alley. Coordinate design with District Traffic Services staff. 4. Pave the alley with a minimum of 12 -feet wide abutting par- cel. Where obstructions permit, 16 -feet of pavement will be required. 5. Construct 5 -foot wide concrete sidewalk on Carlton abutting parcel. STANDARD REQUIREMENTS• 1. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall conform to the requirements of the City of Meridian and shall retain all storm water on-site. 2. A right-of-way permit must be obtained from ACHD for any street or utility construction within the public right-of- way. Utility guts should be combined where practical to limit variance - 1031 1 st November 4, 1994 Page 3 Parking Standards pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. 3. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING• Karen Gallagher DATE OF COMMISSION APPROVAL: NOV 09 1994 AGE EXPRESSIONS DEL AND ADDITION MPoSED PER�EttA%c-u LAP -'?Ag -y, ING oFF 4,�LLF-Y t j x OFFICIALS HUB OF TREASURE VALLEY A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA JANICE L. GASS. City Treasurer CITY OF MERIDIAN NGTON GARY D. SMITH, P.E. City Engineer OB RTD.CGTON ROBERT D. OPRIE BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief "BILL" MERIDIANIDAHO 83642 Planner & Zoning Administrator W.L. GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney , Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON Chairman - Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 8, 1994 TRANSMITTAL DATE: 10/24/94 HEARING DATE: 11/15/94 REQUEST: Variance Request for Tami and Jamison Shoemaker BY: Tami and Jamison Shoemaker LOCATION OF PROPERTY OR PROJECT: Comer of E. Carlton and East 1st Street JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z _CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z _GRANT KINGSFORD, MAYOR RONALD TOLSMA, CIC _BOB CORRIE, C/C _WALT MORROW, C/C _MAX YERRINGTON, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: CITY OF MERIDIAN 33 E. IDAHO AVE. MERIDIAN, IDAHO 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) NAME:- 1a YVl I ny1 Cl Ct yy1 ► s'6 i�� MO kej�:PHONE � (Owner or holder of valid option) ADDRESS: I C m ct GENERAL LOCATION: �vT �',l C? r' "�` .l Gi Y I Ovid F ri S+ LEGAL DESCRIPTION OF PROPERTY: Lois _ I� :b 1 'rtC , E/ PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION L P"M' VICINITY SKETCH: A vicinity map at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within contiguoug 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: CITY COUNCIL RECORDS Date Received City Council Hearing Date Received By APPLICAA7I0N AND STANDARDS FOR VARIANCE 1. 1031 E.1ST STREET MERIDIAN, IDAHO 83642 2. TAM! L. SHOEMAKER 1664 S.SP0RTSMAN WAY MERIDIAN, ID 83642 (208) 888-6855 3. TAMI L. & JAMIS0N R. SHOEMAKER 1664 S. SPORTSMAN WAY MERIDIAN, ID 83642 (208)888-6855 4. SEE ATTACHED 5. LOTS - 16 TO 18 INC. E 1/2 OF LOT 19 - BK 6 MERIDIAN F.A. N0URSES 2ND ADD. 6. PRESENTLY BEING USED AS A GIFT SHOP WITH A TEA AND LUNCH ROOM 7. SAME AS ABOVE BUT WE ARE ADDING AS MUCH OFF STREET PARKING AS WE CAN. WE NEED YOU TO SAY "0K". 8. WHAT KIND OF DISTRICT? I GUESS MERIDIAN 9.- 11. SEE ATTACHED 12. JUST NOT ENOUGH ROOM. 13. WE SHOULD HAVE 9 OFF STREET PARKING SPACES WE CAN GET THESE BUT BECAUSE OF A VERY OLD AND IMPORTANT TREE LOCATED IN THE AREA, FOR THE PROPOSED PARKING, WE ARE NOT ABLE TO PUT 3 OF THE PARKING SPACES IN. 14. THIS TREE HAS HISTORICAL VALUE TO THE MERIDIAN COMMUNITY IT IS THE OLDEST LIVING BLACK MAPLE IN THE AREA IF WE PUT PARKING BY IT WE WILL KILL THE TREE. ALSO A LARGE AREA OF BEAUTIFUL GROWING TRUMPET VINE WHICH IS GROWING IN THE AREA WILL BE LOST, WILL RUIN THE LANDSCAPE OF THE BACK YARD. 15. SEE AB0VE 16. SEE ABOVE 17. MANY DOWN TOWN BUSINESSES ARE UNABLE TO MEET THE REQUIREMENT FOR OFF STREET PARKING SPACES. 18. WE DID NOT PLANT THE TREE. 19. SAME AS 17 20. NONE THAT I KNOW OF. NIM A 5", 10' ,4 (.' Deal 5,NjFrA-E CIPAJ',� Fwp j�N x(04 Amc-t2 aT N "r 4 ria VeTml.i N z z 0 0 - -�o W �a- � o ao X W W Z a z a - C1W� J .o .. eridian, Idaho 83642 888-4433 IL, uawmer s Order No. Name Address Date ��. 19 Phone: SOLD BY CASH I C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT If r TSP d 14 ESI All claims and returned goods Musy Ae accompanied by this bill. 003053 Re e4-kDk TAX TOTAL ' Z73 .Z 2 va �vt t PRINTED IN U.S.A. 1 CSs T� rC . WEST ONE BANK, IDAHO 92-1 No 148 MERIDIANCOTTAGE EXPRESSIONS OST OFFICE Box 408 1241 1031 E. 1ST STREET MERIDIAN, IDAHO 83842 MERIDIAN, IDAHO 83642 (208) 888-6829 J PAY � � A� THE O ORDER OF 11'00 148411' 1: 1 24 1000 191: 1 1000 5 1 3 5 16811' JOHN & ELLEN R0BBINS 32 E. STATE MERIDIAN, ID 83642 DOROTHY MCCLURE 38 3E. STATE MERIDIAN, ID 83642 L0REN & GAYLA ROSS (FOR 46 E. STATE) & 1383 LINDERW00D MERIDIAN, ID 83642 (52 E. STATE) Wm. DEAN & DOROTHY MAYES C/0 CIRCLE K CORP. #445 P.O. BOX 52084 PHOENIX, AZ 85072-2804 (FOR 66 E. STATE) mom 49wm o LA" S &"L 47 E. CARLT0N MERIDIAN, ID 83642 LILA FAY HILL (FOR 51 E. CARLT0N) 5175 H0WRY LN MERIDIAN, ID 83642 GEORGE J. & BETTY MAE JERREAD (FOR 105 W. CARLT0N) C/0 CHAPEL OF THE CHIMES P.O. BOX 255 MERIDIAN, ID 83642 DENNIS E. & JOAN M. NIELS0N 1012 E. IST MERIDIAN, ID 83642 WALTER R. & VIRGINIA L. JOHNSON (FOR E. 1ST) 1083 N. JUSTIN PL MERIDIAN, ID 83642 �' w`aso 1115 E. 1ST MERIDIAN, ID 83642 DEAN MERRELL 28 E. CARLT0N MERIDIAN, ID 83642 RAYMOND GROSSO 36 E. CARLT0N MERIDIAN, ID 83642 TRAVIS BASTICK 48 E. CARLT0N MERIDIAN, ID 83642 MARK DALE 31 E. CARLT0N MERIDIAN, ID 83642 MARGARET E.MATHEWS (FOR 35 E. CARLT0N) 2104 LEMHI CR. BOISE, ID 83705 ANGUS HILL (FOR 1123 E. IST) 5340 S. EAGLE RD. MERIDIAN, ID 83642 U.S. POSTAL SERVICE 850 CHERRY LANE SANBRUN0, CA 94099- 0330 #3605 CRAIG D0WNUM 41 E. CARLT0N MERIDIAN, ID 83642 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 p.m., on November 15, 1994, for the purpose of reviewing and considering the Application of Tami and Jamison Shoemaker, for a Variance request for land located on Lots 16 - 18 and the East 112 of Lot 19 of Block 6 in F.A. Nourses 2nd Addition, Boise Meridian, Ada County, Idaho, and which property is generally located on the corner of E. Carlton and East 1st St. The Application requests a Variance to the off street parking ordinance. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 24th day of October 1994. WILLIAM G. BERG, JR., CITY CLERK LL z 3�.3 7 c�- ELM AV. -047.2- Z 7. O /%%i 717 do. fit 4 Z 3¢3s MAPLE AV. Z 44- 2- Z. 3-5-0 c, ISO Z-,�- 3,5-1 a AV- CO4 223.5-30 CHERRY AV. 4v r 0 y �� � + 9`�f' \% ui W 3 SCh IIIA S H I N G T ON AV. I 27 15 :4 23 PZ -A - v u 12 -L-T-ON---A 11 414174 4/t/&. 14 z v> .6 7 S cv 3o ial STATE /.A v. Aa JIJ- ODI A ti ♦ j1 11".7 U zy iii ........... Si 7 �5S ie IO C 30 4 'N r tai HCl -2n CD 4 0 Q Q. m ty m o O CL = o y Q p p m Ol --I m 7 W O � r d N m -C Tow Ztk Chas Hhpkins i { C �r- IIPIAI ainP_tunnnnw 1nJ r N E a cr: c. D -pyo E a ° c t az �.E ` n $ m c - C c m LQ y z c =.CO 2N OGF 'U—V E. y Z � LL I e W U E •.'J C -c O O. O C O 1 � y yup U)u =• 'c3..E •�x'« -6 m w a 73 a�'1) oe°o`ogm,E o v c> V U Oy6go cyy � cc U •` U .G e�w ,. 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N M � Vj �Q [� 00 Q� O � y � F- J c 0 e HP LaserJet 3100 Printer/Fax/Copier/Scanner SEND CONFIRMATION REPORT for City of Meridian 8886854 Sep -12-01 5:50PM Job Start Time Usage Phone Number or ID Type Pages Mode Status 579 9/12 5:48PM 1 '13" 8881323 Send .............. 2/ 2 96 Completed................ Total 1113" Pages Sent: 2 Pages Printed: 0 PcErvED SEP 07 Oen JACK C. RIDDLEMOSER i;l'lYtiFM[iRIDfAlf ATTORNEY AY UW PLAINNQHi I' Z�1llli¢ 712 East how' AVMUe M"Idim Meho 83642 Phone 2081118.491 . F. 2081881.1323 September S, 2001 Sharie Stiles Planning Coordinator City of Meridian 33 11. Idaho Meridian, Idaho 536422 Re: ',COP Cottage Expressions Deal; Ms. Stiles Enclosed is Petition and Request for information concerning the aba a matter. We request your assistance and we will expect to receive the requested information within one week. y.ty truly yours, cc -Clients JACK C. RIDDLEMOSER ATTORNEY AT LAW 712 East Fairview Avenue Meridian, Idaho 83642 Phone 208 / 888.1491 • Fax 208 / 888.1323 September 5, 2001 Sharie Stiles Planning Coordinator City of Meridian 33 E. Idaho Meridian, Idaho 836422 Re: CUP Cottage Expressions Dear Ms. Stiles RECR SEP 0 7 2001 ITY OF mERIp"S PCLANNW Enclosed is Petition and Request for information concerning the above matter. We request your assistance and we will expect to receive the requested information within one week. y truly yours, CK C. R D LEMOSER JCR?vp cc:Clients September 5, 2001 Sharie Stiles Planning Coordinator City of Meridian Meridian, Idaho Dear Ms. Stiles: We the undersigned request the following information: 1. Is there a C nditional Use permit approved by the City for Cottage Expressions Gift Shop? S — Ci (It,( %�°5 �/�5�Oe �r /rGuti �`no� 55 %s. If so, we would like to receive a co�. f j 5 2. Is there a Conditional Use permit approved by the City for Cottage Expression Restaurant? SPS If so, we would like to receive a copy. Ci� ClerC j 5 reYOfA5 4uO -6- /L,a y. . �• ��� 3. If there are not Conditional Use permits for Cottage Expressions, why not? As we understand, they are required. 4. What further action has been taken on the variance which was tabled for 6 months on December 6,1994? /Ume QS We desire all copies requested be sent to Jack Riddlemoser. Re: Cottage Expressions Conditional Use Permit information requested. State Street l 46,A �1�.A C L Ae 32...: ..... .:...�.......... a............................................ Carlton Street ................`......................... 47.... . .............. ;�..i�........................... 41.... F 35...,V...J' . (......1 .................. 31..N�11 ��'"....... 25.W�Ra,.-. U oL J JUL_-31-01 02:13 PM STUDIO! -'CREATION 208 c:95 0775 F1.01 l ffMIOCRUT101% Photography promotioo, bo Businesses, Non -Profit Organizations& Churches Studio Quality Portrait Photography... On Location 41 East Carlton • Meridian, Idaho 83642 (208) 835.0775 • www.studio-creatlons.com U.S. Chamber of Commerce • Profrssionai Photographers of America ,1 � �14(leo-o IIECEVED I AUG 15 2001 CITY Ok' HERIDIAN p�ZG ZONINV' zel -t a; -01i C`2 L%7L on 7�7�_6? 12 -70' a Aez_l /11 1: P 011 /ev P/� �) /c- ze, Z�), le r PO- X04ale r In )I r vn �� r� v� sC� -IOW P I 1 -gyp re 0- � a" co-; e,,� P e 1� I ! f alllc( fes- lt �1-131d / - Pro'osal Page No. 1 1 PEa gQ P AVG I n 2at" Ae,eol e X57 T w 0 (kt G it Saving & Gravel or &I.4V2()'6th St North. Nampa, Id- 83687 Office 208-467-3650 Fax 208-467-5080 5 V* - 2 We licreby submit specifications and estimxc�s for: A, -j -c Alley - e-a-Aif4OW &'Sj� ill gravel in alley as specified by A.C.H.D. and prepare base for paving. Pave 10 Std. It. = va 2 1/2" of compacten asi)iiait to be nrovided uy z,:'n� colAni 'Y- Z-kAA^ 4 r -11 Ir - L? 01 �__ - j 3D0 - I 'Ve res teA t*)We '3 bo ' *' k \ 3t)D t4o re-srons-I't, VVVe'r AfAT (°.o -opera We 11).-OPOSIC LLrc �kt l-rial and labor - C0111PICte III �-1:4-61LIWICI_ for the sum of. Tb-ree Thousand, One Hundred Ninety and 60/ 100 deHars (S 3,190.60 Pavinent to be made as follows.- iw% upon canyktba oipn*,cta-41ovendofmm&pwa!ssesti,,mtm Aywv,,dbk,,, inww raAeadowedbylaw Ali =aft" is quacainmed to be as sgnafad Ali to be c—fiend i- —d—fil. .ee nownfing to opm wnam order. mW will lseenas an towA dL&ew owe and above theemanaft- All agcV"ftftftcor&"QeM 1 smium ac6cluits m &Io bermd one c—uol. O. to * FM -omaMad c" -q ina.•a..� 0- -dro ars f.4 mesad hV VN&daa Coapmuioa t... Acceptance of Proposal -The above prices specifications You and conditions _y and are hereby accepted. 'You are authorized to do the work as specified. Payment YAII be made as outlined above. Date of Acceptance Authorized Signature David M. Dirfee 2LXOTF_- 7hisproposdin.Vbewah&awn byusffnot accepted wedn T— (10) days. Signature Signature . Please Sign and Return One Copy for Acceptance, and Job Scheduling Purposes M 02 PIIO\*EFA-X DATE' 7/2/01 STREET W. 73B NAME CYT -Y, `71101 & Zif, Meridian, ID 83642 JOB LOCATION AK0 HI I, I t CA, PLANS P... We licreby submit specifications and estimxc�s for: A, -j -c Alley - e-a-Aif4OW &'Sj� ill gravel in alley as specified by A.C.H.D. and prepare base for paving. Pave 10 Std. It. = va 2 1/2" of compacten asi)iiait to be nrovided uy z,:'n� colAni 'Y- Z-kAA^ 4 r -11 Ir - L? 01 �__ - j 3D0 - I 'Ve res teA t*)We '3 bo ' *' k \ 3t)D t4o re-srons-I't, VVVe'r AfAT (°.o -opera We 11).-OPOSIC LLrc �kt l-rial and labor - C0111PICte III �-1:4-61LIWICI_ for the sum of. Tb-ree Thousand, One Hundred Ninety and 60/ 100 deHars (S 3,190.60 Pavinent to be made as follows.- iw% upon canyktba oipn*,cta-41ovendofmm&pwa!ssesti,,mtm Aywv,,dbk,,, inww raAeadowedbylaw Ali =aft" is quacainmed to be as sgnafad Ali to be c—fiend i- —d—fil. .ee nownfing to opm wnam order. mW will lseenas an towA dL&ew owe and above theemanaft- All agcV"ftftftcor&"QeM 1 smium ac6cluits m &Io bermd one c—uol. O. to * FM -omaMad c" -q ina.•a..� 0- -dro ars f.4 mesad hV VN&daa Coapmuioa t... Acceptance of Proposal -The above prices specifications You and conditions _y and are hereby accepted. 'You are authorized to do the work as specified. Payment YAII be made as outlined above. Date of Acceptance Authorized Signature David M. Dirfee 2LXOTF_- 7hisproposdin.Vbewah&awn byusffnot accepted wedn T— (10) days. Signature Signature . Please Sign and Return One Copy for Acceptance, and Job Scheduling Purposes M 02 -ab ti�l M e r c a I s �.� h c e s e_-�_ /Y\OL" J YL q C- e S �. ; , Vaff- �anc� ow n rs dl i v\ e a `� V) eed hbetrw 40I Ep I a_ a July 19, 2001 NO Several residents on E. State and Carlton have expressed an interest in having our alley paved which would be a real improvement for property owners and to those who use the alley. The numbers of cars using it has increased considerably. After checking with the Ada Cour11111MwuV District, it was determined the District would be willing to furnish the materials an no cosi. ", ��� State Paving & Gravel Works of Nampa would raja: : ~: zhe labor at a cc of approximately $150 per lot. This is a reasonable prier'. However. all ptuporty 0 A7ners : both sides of the alley would have to partici Coni :-f Gem State Paving's tnroposai is attached. interested? Sa_-_ 4'�±Meet 46 ------ 32------ 12- V 35---------------------- 31 ------------- ------ 31 25- rogroposal Page No. 1 of 1 Pages Gem State Paving & Gravel Works, Inc. 520 36th St. North, Nampa. Id. 83687 Office 208-467-3650 Fax 208-467-5080 PROPOSAL SL;BNIHTED'rO Pl-]()NF FAX CATG Helen Bevin on 888-7653 7/2/01 TITLEET JOB NE 4�Z E C44kmt-Ave. Lank 15q6 C.YrY, STATE & ZIP JOB LOCATION Meridian, ID9-3-642- e Prepare ai-al Pave A:II-',: - Remove excess gavcll in alley as specified by A.C.H.D. and prepare base for paving. Pave approx sq. ft. area wi* 2 '/z" ,A compacted asphalt to be provided by the courity. f OWNERS ARE REQUIRED TO OBTAIN ANY NECESSARY PERMITS We Propose to ftL�r2sjj MRiorlpi complete in accordanw,"illb above for the sum of: 71-ree Th--Lsand, One Hundred Ninety and 60/100 s I'S 3.190.60 Pa3,ment to be made as follows: AVuPpaidbdance biwwst raw dLbWoed 4f kW.. r6�� AU wm.W is ga—mmd to be " sp.*.& ALL sa do to be complewd ina wodmaafilw uawarc acaicifing to atandacdPts- Ary •.. -- -- of aeoiaeiawEaho.espeariodawsia�otwapwfamselwiLLE�eaeeo�aedowl� apoa pitta orders. and sill be " extra ckamucDuet and ahmw&ceshmabe_ AEE a9n*meat mftii%geftupon .vdkmaccidents mddaWbMoMout a+ a—L 0swert&awNFtm,t*aud&a*doo One .edare fttv cove -d hV W—k—'s C..q—%uL�- Autliori7ed Signature David M. Duf,•e WA1077-7- IUs paWo--.d maybe ordidwwn by as tfrim acnqxad w&hia T— (10) days. Acceptance of Proposal - The above prices specifications and conditions Signature are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance Signature Please Sign and Return One Copy for Acceptance, and Job Scheduling Purposes or--------------- i4 (::�- �oSSi'b �lv J J a mor�roj eatrr- r;iv N;ll 9 MAY 0 3 2001 ID 1110elepo D April 20, 2001 Mr. Jack C. Riddlemoser Attorney at Law 712 East Fairview Avenue Meridian, ID 83642 Re: Cottage Expressions Parking Requirements Dear Mr. Riddlemoser: I have reviewed the conditional use permit requirements for Cottage Expressions. The Shoemakers applied for a variance from parking requirements in October of 1994. The reason stated for the request was to save a Black Maple tree, which is in the Shoemaker's yard near the alley. I don't find evidence that the variance was ever acted upon, because the Shoemakers were able to provide the nine parking spaces they are required by City Ordinance to have. City Ordinance requires only one parking space for every 200 square feet of gross floor area. This standard is, admittedly, woefully inadequate when it comes to restaurants, but that is all that is required. The Shoemakers have seven spaces off of the alley, and two off-street parking spaces north of Carlton. In addition, they entered into an agreement with Bill Brewer, former owner of Chapel of the Chimes, wherein they were allowed up to 20 parking spaces in the mortuary lot. Parking spaces are not required to be on the same lot as the use; they may be up to 300 feet from the use served. I do not find anything in the file that would lead me to believe that the Shoemakers are in violation of their conditional use permit and cannot recommend that revocation proceedings begin. One course of action the neighborhood may wish to consider is to approach the City Council with a request for some form of restriction for residential parking only on Carlton Street, similar to what has been done near Boise State University and other areas with parking problems. I realize that option has its problems, as well, but I have yet to come up with another alternative. I did telephone the Shoemakers on 3/21 and informed them of the neighborhood's concerns. I told them also that they may not use the gravel parking area in back of Lila Hill's old house for employee parking. Fred Burns of Code Enforcement has notified them of the need to clean up the adjacent lot and is continuing to work with them. However, the Shoemakers are not required to pave the lot for parking at this time. HUB OF TREASURE VALLEY LEGAL DEPARTMENT MAYOR A Good Place to Live (208) 288-2499 • Fax 288-2501 Robert D. Corrie CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO (208) 887-2211 • Fax 887-1297 MERIDIAN, IDAHO 83642 Keith Bird (208) 888-4433 •Fax (208) 887-4813 PLANNING AND ZONING Tammy deWeerd City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 Cherie McCandless April 20, 2001 Mr. Jack C. Riddlemoser Attorney at Law 712 East Fairview Avenue Meridian, ID 83642 Re: Cottage Expressions Parking Requirements Dear Mr. Riddlemoser: I have reviewed the conditional use permit requirements for Cottage Expressions. The Shoemakers applied for a variance from parking requirements in October of 1994. The reason stated for the request was to save a Black Maple tree, which is in the Shoemaker's yard near the alley. I don't find evidence that the variance was ever acted upon, because the Shoemakers were able to provide the nine parking spaces they are required by City Ordinance to have. City Ordinance requires only one parking space for every 200 square feet of gross floor area. This standard is, admittedly, woefully inadequate when it comes to restaurants, but that is all that is required. The Shoemakers have seven spaces off of the alley, and two off-street parking spaces north of Carlton. In addition, they entered into an agreement with Bill Brewer, former owner of Chapel of the Chimes, wherein they were allowed up to 20 parking spaces in the mortuary lot. Parking spaces are not required to be on the same lot as the use; they may be up to 300 feet from the use served. I do not find anything in the file that would lead me to believe that the Shoemakers are in violation of their conditional use permit and cannot recommend that revocation proceedings begin. One course of action the neighborhood may wish to consider is to approach the City Council with a request for some form of restriction for residential parking only on Carlton Street, similar to what has been done near Boise State University and other areas with parking problems. I realize that option has its problems, as well, but I have yet to come up with another alternative. I did telephone the Shoemakers on 3/21 and informed them of the neighborhood's concerns. I told them also that they may not use the gravel parking area in back of Lila Hill's old house for employee parking. Fred Burns of Code Enforcement has notified them of the need to clean up the adjacent lot and is continuing to work with them. However, the Shoemakers are not required to pave the lot for parking at this time. Mr. Jack C. Riddlemoser April 20, 2001 Page 2 I am sorry I am unable to be of some help in this matter, but would welcome the chance to open up some dialogue with the City Council to see if we can jointly come up with some ways to remedy the situation. Please let me know how you wish to proceed. You may contact me at 884-5533 if you have any questions or would like additional information. Thank you. Sincerely, CITY OF MERIDIAN Shari Stiles Planning Director/Zoning Administrator cc: City Clerk 04/02/2001 09:38 DATE: TO: 8881323 RIDDLEMOSER JACK C. RIDDLEMOSER ATTORNEY AT (AW 712 East FalrvlewAvenve Merldlan, Idaho 83642 Phone 208 / 888.1491 • Fax 2081888.1323 FAX COVER SHEET April 2, 2001 Shari Stiles, P and Z ,pAx # 888-6854 PROM: JACK C. RIDDLEMOSER PAGE 01 E" vED APR 0 2 2001 GIT Y OF iERIDIAN PLANNING & ZONING Have you reviewed the Conditional Use Permit for Cottage Expressions (parking requirements). The adjoining neigh4 are very anxious over tis situation. O NUMBER OF PAGES; 1 The pages comprising this facsimile transmission contain confidential information from JACK C. RIDDLEMOSER. This information is intended solely for use by the individual entity named -as the recipient hereof. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify us by telephone immediately so we may arrange to retrieve this transmission at no cost to you. HARD COPY TO FOLLOW: Yes NOX_ cCIVi Alf � lit WDVkN 001 " . 2 February 22, 2001 C1T '�,)r `B ��Cx :P��11N� Planning and Zoning Dept. City of Meridian 200 E. Carlton, Ste 201 Meridian, ID 83642 Re: Street Parking on E.Carlton (Between East First & Meridian Road) Commission Members: The undersigned residents of this area respectfully request that you take action to alleviate this ongoing problem. We understand that this was previously addressed by the City but as of today's date, there has been no improvement. Since adequate parking lots are required for commercial enterprises, why hasn't this been enforced? We request your immediate attention and action. Printed Name Signature Address Date l/ fl GA l�i ell 11 aa- 14 A yr rt Ll DTTG ere" OlL E a ACE EXPRESSIONS DEL AND ADDITION I 1 eLe/�.�d Rlel JI_F y—� F y1=o (3� 6aay�. s t - -1 ,SLS AZCM ITEGTURE- NOrcTHUJ=-c=T RA U" NAVWWIQC Al -l" 6RGNrrit= 1 PLONPJM 1224 first SIM.1 Sourn. Ste. 304 N--. laene 63631 , —.1 ..,-%%77 .0mL (2061 466-1670 At. r..frr 4,4 ¢1tcg--� J C - 1 ---------1- ------------- 0 IT DTTG ere" OlL E a ACE EXPRESSIONS DEL AND ADDITION I 1 eLe/�.�d Rlel JI_F y—� F y1=o (3� 6aay�. s t - -1 ,SLS AZCM ITEGTURE- NOrcTHUJ=-c=T RA U" NAVWWIQC Al -l" 6RGNrrit= 1 PLONPJM 1224 first SIM.1 Sourn. 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We i S vo, IsSdJ SV' t' Q BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF TAMI AND JAMISON SHOEMAKER FOR A VARIANCE FROM 11-2-414 D AT THE CORNER OF EAST FIRST AND CARLTON FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on November 15, 1994, at approximately 7:30 o'clock p.m. on said date, and was continued to December 6, 1994, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicants appearing, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT A. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for November 15, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the November 15, 1994, hearing; that copies of all notices were available to newspaper, radio and television stations. B. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11- 9-612 B. l.b of the Revised and Compiled Ordinances of the City of Meridian; that his requirement has been met. C. That the Applicants were granted a conditional use permit in 1990 for the operation of custom decor and gift shop; the SHOEMAKER VARIANCE - FINDINGS & CONCLUSIONS Page 1 original conditional use permit required the Applicants to meet the comments of Gary Smith, City Engineer, which were that one off- street parking space was required for each 200 square feet of floor area of retail and two off-street spaces for the residence; the Applicants have commenced the operation of a restaurant, in addition to the custom decor and gift shop without requesting a conditional use permit for that business; it apparently is the combination of the decor and gift shop with the restaurant that is causing the off-street parking problem. D. That Ordinance 11-2-414 A, OFF-STREET PARKING AND LOADING FACILITIES, 1., requires that no building or structure shall be erected, altered or its use changed unless permanently maintained off-street parking and loading have been provided in accordance with the provisions of this Ordinance. 11-2-414 also requires that the parking be paved. E. That Ordinance 11-2-414 A, OFF-STREET PARKING AND LOADING FACILITIES, 1., requires that when the intensity of use of any building, structure or premises shall be increased through addition of dwelling units, gross floor area, seating capacity, parking and loading facilities as required herein shall be provided for such increase of use. F. That the Applicants have requested to be granted a variance from the above Ordinance requirements and so that they will not be required to meet the off-street parking requirements, which require nine off-street parking spaces for the uses of the property. SHOEMAKER VARIANCE - FINDINGS & CONCLUSIONS Page 2 G. The Applicants did submit a drawing of their property with the Application; the drawing does show space that could be used for off-street parking if garages and sheds are removed. H. The property in question is described in the variance application and is incorporated herein as if set forth in full. I. That the property in the area where the variance is requested is zoned Old Town, which requires a conditional use permit to operate any commercial use. J. That the Applicants do own the property. K. That the Meridian Planning Director submitted comment which was that this request was precipitated by the Applicants' increasing the restaurant area, thus adding to the parking necessary and she stated that retention of the existing tree is a valid reason for granting the variance; she recommended that the variance be granted provided neighboring properties are not adversely affected and all other agency and staff conditions are met. L. The Ada County Highway District, for site specific requirements, commented as follows: 1. Replace unused curb cuts on Carlton Street with standard curb, gutter and sidewalk. 2. Locate driveway curb cuts a minimum of 5 -feet from the side lot property lines when driveways are not being shared with the adjacent property. 3. Utilize 45 -degree angle parking off the alley. Coordinate design with District Traffic Services staff. 4. Pave the alley with a minimum of 12 -feet wide abutting parcel. Where obstruction permit, 16 -feet of pavement will be required. SHOEMAKER VARIANCE - FINDINGS & CONCLUSIONS Page 3 5. Construct 5 -foot wide concrete sidewalk on Carlton abutting parcel. M. That a letter was received from Steven R. Pletelo, residing at 35 East Carlton; he stated that he thought the Applicants need to have at least nine parking spaces and that the architectural plans show that they can get those parking spaces without taking out the tree; he also stated that the parking for the residents along East Carlton has gotten worse because we do not have much parking behind our houses and that the street is narrow and when two cars are parked on both sides of the street it is hard for two cars to pass. N. That there was no public comment at the public hearing. CONCLUSIONS O. 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. P. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. Q. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance upon which it may take judicial notice. R. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, SHOEMAKER VARIANCE - FINDINGS & CONCLUSIONS Page 4 ordinances, and policies, and of actual conditions existing within the City and the State. S. That the specific requirements regarding a variance that must be evidenced and found by the City Council, are as follows: A variance shall not be granted unless the Council makes a statement of supportive reasons based directly on the evidence presented to it which supports conclusions that the mentioned standards and conditions of this Ordinance have been met by the Applicant and unless all of the following exist: a. That there are no special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would be clearly impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Ordinance unreasonable under the circumstances, or that the conditions and requirements of this Ordinance will result in inhibiting the achievement or objectives of this Ordinance; C. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. T. That there does appear to be a specific benefit, profit, economic gain or convenience to the Applicant if this variance is granted since they would not have to go to the expense of putting in the required off-street parking spaces and they would be able to retain the tree; retaining the tree is to the best interest of the City and the public but there appears to be ways to retain the tree. VARIANCE - FINDINGS & CONCLUSIONS Page 5 U. That regarding Section 11-2-419, it is specifically concluded as follows: a. That there are no special circumstances or conditions affecting the property that the strict application of the provisions of the off-site parking requirements would clearly be unreasonable; there clearly is enough land to place off-street parking on if the garage and shed are removed and an adequate parking area is placed there. b. That strict compliance with the requirements of this off- street parking Ordinance would not result in extraordinary hardship to the Applicant, since they have sufficient land area to place an off-street parking lot. C. That the granting of a variance would be detrimental to the public's welfare or possibly injurious to the public; the parking in the area is causing a problem as evidenced by the letter from Mr. Pletelo. d. That the variance would have the effect of altering the interests and purposes of the off-street parking Ordinance. V. That it is concluded that the Application for a variance from 11-2-414, OFF-STREET PARKING, should be denied. W. It is further concluded that the Applicants do not have a conditional use permit for the operation of the restaurant that they are now operating; that the initial conditional use permit was only for a custom decor and gift shop; the Applicants have not made application to expand that conditional use permit and the operation of the restaurant use must cease. X. That it is further concluded that if the Applicants still desire to operate the restaurant that they must apply for a conditional use permit to allow that use; that if the conditional use permit for the restaurant is granted it is likely that they would not need a variance of the off-street parking ordinance if they remove the garage and shed and any other structures to the SHOEMAKER VARIANCE - FINDINGS & CONCLUSIONS Page 6 west of the home. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW VOTED COUNCILMAN YERRINGTON VOTED COUNCILMAN CORRIE VOTED COUNCILMAN TOLSMA VOTED MAYOR KINGSFORD (TIE BREAKER) VOTED DECISION Based on the above Findings of Fact and Conclusions of Law it is decided the Application for a variance from 11-2-414, OFF-STREET PARKING is denied. That the Applicants, since they do not have a conditional use permit for the restaurant, they must cease operating the restaurant. APPROVED: DISAPPROVED: SHOEMAKER VARIANCE - FINDINGS & CONCLUSIONS Page 7 Meridian City Council November 15, 1994 Page 12 Kingsford: Moved by Wait, second by Ron to approve of Ordinance #678 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea ITEM #8: PUBLIC HEARING: VARIANCE REQUEST BY TAMI AND JAMISON SHOEMAKER: Kingsford: At this time I will open that public hearing and invite the owner or his designee to speak first. Jamison Shoemaker, 1664 South Sportsman Way, was sworn by the City Attorney. Shoemaker: Basically what our request is, this is the map that Ada County Highway District had, the City had an updated map which shows 9 parking spots along the alley. And when we looked at that and measured that out that would obviously hinder that black maple tree that is there to the point that we would end up killing that tree because of covering the root system. So we have asked for a- variance to limit that to 6 spaces, the Ada County Highway District has asked us to make that from 90° to 450 which I would calculate I think would take another 6 more feet. That is the just of it, one other point that I have always been trying to get a clear answer on, we have an area over available that would be a good spot for handicap off Carlton, but if you notice this line that is our property line and then the rest of it is easement. And talking to our architect he didn't want to draw one in there because I guess technically you are not supposed to put any parking in an easement. So that becomes dead man's land, but it would be a good spot to take this handicap spot, put here making access to the entrance way closer and then that would also that extra 5 foot could give us an extra 5 foot buffer zone for that tree there also. I don't know what the technical ramifications are to put that handicap in that area. Kingsford: I think that depends on the designation of the easement, doesn't it counselor. If it is just an easement you own the property you can do with it what you want so long as it doesn't impact someone's availability to use that. Crookston: That is correct, pavement could be torn up or removed if access needed to be gained to the purpose of the easement. Shoemaker: Maybe I am using the wrong term, it is their right of way, this line is our actual property line, this dotted line we have property pins and that is our property line. So that is right of way that the County is not using right now, the curb is out here, we propose Meridian City Council November 15, 1994 Page 14 Kingsford: I am not sure that is good idea for me to say shot and him talking about dead man's land and being that close to mortuaries is kind of an eerie thing, go ahead. Shoemaker: I am trying to remember exactly on the City code for restaurant and retail space, is it parking spot for every 200 square feet? Kingsford: I think there are 2 different things, isn't there a space, square footage and also for number of seating, if I remember correctly. I might be confusing that with water and sewer hook ups. Stiles: I think it is just based on square footage as far as I can remember. Shoemaker: I cam up with 1635 square feet of retail and restaurant space, I believe I can subtract kitchen and bathrooms and things like that, am I correct on that. Stiles: I believe it is based on gross floor area. Shoemaker: Okay, whether it is retail space. At the 1635 that would be 8 1/3 parking spots I don't know if we go up or is we round down if it is under 100 square feet. If it is at 8 with B6 and if I am allowed to do this one here I would be at 7 and that is within one and that is a lot of parking spaces compared to a lot of the downtown businesses if you want to look at amount of square footage. So I feel we are making a major step towards trying to be line with the needs of the neighbors and try and stay in line with what we are capable of doing and staying within the City ordinance. Tami Shoemaker, 1664 South Sportsman Way, was sworn by the City Attorney. Shoemaker: In your address, I understand when you said if we do anything more in expanding we need to look at that further down which if we do anything more we will not go and expand until we could have more parking which is something we have in the planning. If we do, we have talked to a close neighbor that we can buy some more property for some more parking. At this time we can't just like a lot of people in the downtown area cannot apply more parking. I see some on the list that are asking for variances that don't have any room for off road parking. Yes it has been successful, we have tried to be very cautious of our neighbors and are trying to be careful. One of the things I would propose that the City could help with is if they would actually put lines on Main street, on East 1 st street and actually say there is parking there. We have many and many that don't think they can park in those bulbs especially when they are coming from other out of town areas. And then they will park and take up 3 good parking spots because there is no actual line. I am very, I say this over and over it needs to be actual lines to say that is parking instead of just a little white line that you can't see especially. Meridian City Council November 15, 1994 Page 15 1 would propose, that would really help for the street parking. We are trying to, if we do expand we would not expand without being able to have ample parking later on. Kingsford: Thank you Tami. Lila Hill, 5175 Howry Lane, was sworn by the City Attorney. Hill: I own the property at 51 East Carlton which adjoins the Shoemaker's property. It is true, Tami has talked to me about the purchasing of my property and as long as my son Boyd is living there it is not for sale. So it eventually will be because I think someday Boyd will move from there. But as to the tree, if there was a way to fix it so that tree could be saved because that is a really special tree. It is the only tree of its type in the area, if it could be fixed so that now that the parking is on a angle that there could be even one more place between it and my property which would give that additional parking place and that might be looked into but I think there are ways of working around just so that there would be enough left that you get water to the roots of that tree. Because if the tree was there when I purchased that property almost 40 years, it was a growing tree at that time and it is a magnificent tree now and I would certainly hate to see it destroyed. But I think there might be ways of making parking around since they have gone to the angle instead of the straight which might make a dip in for the tree and room for another parking space. Their alley of course is narrow but so is Carlton Street, you have to really careful backing out of our property onto Carlton because if there is someone parked behind you there is not quite enough room. It is one of the narrower streets but I certainly, if there is anyway to save that tree let's try to do it. Kingsford: Anyone else from the public that would like to offer testimony on this? Roen Wilson, 1567 Leslie Way, was sworn by the City Attorney. Wilson: I cannot address the tree because I have not noticed the tree and I appreciate trees too. But I am concerned about the parking situation there and I have observed that when people come to the Cottage Expressions shop they usually stay quit a long time because they are eating there. I have seen cars there for an hour and a half. I don't know how many people they can serve but figure it out for yourself. Even if they had 8 or 9 parking spots that still being there that long a period of time causes a lot of congestion and they are parking way up 1 st Street even on the other side of 1 st Street and on Carlton both ways. So I think that it is a real problem and I think it is going to be a bigger problem if off street parking isn't really careful addressed. Thank you Kingsford: Thank you (End of Tape) Counselor, how does that, need to have findings on a variance? Meridian City Council November 15, 1994 Page 16 Crookston: Yes we do. Kingsford: It is appropriate to direct the Attorney to prepare those. Morrow: So moved Yerrington: Second Kingsford: Moved by Wait, second by Max to have the City Attorney prepare findings of fact and conclusions of law on the request for a variance on parking by the Shoemakers. all those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Mr. Mayor, could I ask a couple questions on this one. Mr. and Mrs. Shoemaker, on the garage, it says existing car port and patio to be enclosed, are you intending on using that as part of the restaurant patio is there anyway you can work something out that the garage area can be made into a parking area? (Inaudible) Corrie: It is already enclosed you can't tear the garage down? (Inaudible) Corrie: Is that green garage part of yours? (Inaudible) Corrie: It is a shed, I was wondering if there is anyway that can come down and be an extra parking for you? (Inaudible) Corrie: How many people do you serve at a time. (Inaudible) Kingsford: Those findings will be approved at the next meeting. Anytime you deal with a land use change under the Land Use Planning Act you have to have findings of fact and conclusions of law to take into account that testimony that was given and so forth and Meridian City Council November 15, 1994 Page 17 weight that against what the law is and our zoning ordinance and so forth and then make a decision based on that. So, what happens is Wayne will, call each of the Councilmen and take their view as to what took place at the public hearing and examine that against the ordinances and see how that measure and make that a public finding. That is another way of saying it is avoiding the legal hassle of being sued and those sorts of things. Is that reasonably appropriate Counselor? Crookston: I will generally agree with your comment. Shoemaker: Because of this off road variance we have given temporary occupancy of the new addition, what does this do for our occupancy? Kingsford: Well, I would assume that your temporary occupancy is based on this variance being granted and so that will be in effect until such time the Council makes a ruling. ITEM #9: PUBLIC HEARING: VARIANCE REQUEST BY JOSEPH AND MARY daROSA: Kingsford: At this time I will open that public hearing and invite them or their representatives to speak first. Is there anyone from the public that would like to offer testimony on this issue? Julie Grapatin, 137 East Pine, was sworn by the City Attorney. Grapatin: Since they are not here does that mean nothing happens? I live right across the street and I am concerned about parking also. Kingsford: It doesn't mean that nothing will happen, this has been noticed and the public has an opportunity to give input this evening and this is the one public hearing that they get a chance to do that. Take whatever shot you would like. Grapatin: Since the beauty school moved in across the street from us, we don't have a chance to park in front of our house anymore or around our house. In fact I can't get in my driveway some days to get to my garage. If another business across the street is going to take more parking I just wonder what is going to happen there at Pine and 2nd. There is a lot of business and a lot of cars, there is not much room left. That was my only comment. Kingsford: Any questions the Council may have. Thank you, anyone else from the public that would like to offer testimony on this issue? Seeing none I will close that public hearing. We need to have findings prepared. Walt, did you have a comment? AMBROSE, FITZGERALD & CROOKSTON M E M O R A N D U M DATE: ATTORNEYS AND COUNSELORS AT LAW GRANT L. AMBROSE (1915-1968) Councilman Corrie JOHN O. FITZGERALD, P.A. 1530 WEST STATE - P.O. BOX 427 WAYNE G. CROOKSTON, JR, P.A. Councilman Yerrington WILLIAM J. SCIBVARTZ Councilman Morrow JOHN O. FITZGERALD 11., P.A. MERIDIAN, IDAHO 83680 PETER W. WARE, JR. Wayne G. Crookston, Jr. SUBJECT: THIS FIRM INCLUDES PROFESSIONAL CORPORATIONS M E M O R A N D U M DATE: December 20, 1994 TO: Councilman Corrie Councilman Tolsma Councilman Yerrington Councilman Morrow Mayor Kingsford FROM: Wayne G. Crookston, Jr. SUBJECT: Alternate Findings of F Shoemaker - Variance TELEPHONE (208) 8884461 FACSIMILE (208) 888-3%9 G k1A/1- act & Con usions of Law for Please find attached an Alternate set of Findings for Shoemaker Variance request. Of the two sets I have presented, choose which set the Council prefers. BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF TAMI AND JAMISON SHOEMAKER FOR A VARIANCE FROM 11-2-414 D AT THE CORNER OF EAST FIRST AND CARLTON FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on November 15, 1994, at approximately 7:30 o'clock p.m. on said date, and was continued to December 6, 1994, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicants appearing, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT A. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for November 15, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the November 15, 1994, hearing; that copies of all notices were available to newspaper, radio and television stations. B. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11- 9-612 B. 1.b of the Revised and Compiled Ordinances of the City of Meridian; that his requirement has been met. C. That the Applicants were granted a conditional use permit in 1990 for the operation of custom decor and gift shop; the SHOEMAKER VARIANCE - FINDINGS & CONCLUSIONS Page - 1 original conditional use permit required the Applicants to meet the comments of Gary Smith, City Engineer, which were that one off- street parking space was required for each 200 square feet of floor area of retail and two off-street spaces for the residence; the Applicants have commenced the operation of a restaurant, in addition to the custom decor and gift shop without requesting a conditional use permit for that business; it apparently is the combination of the decor and gift shop with the restaurant that is causing the off-street parking problem. D. That Ordinance 11-2-414 A, OFF-STREET PARKING AND LOADING FACILITIES, 1., requires that no building or structure shall be erected, altered or its use changed unless permanently maintained off-street parking and loading have been provided in accordance with the provisions of this Ordinance. 11-2-414 also requires that the parking be paved. E. That Ordinance 11-2-414 A, OFF-STREET PARKING AND LOADING FACILITIES, 1., requires that when the intensity of use of any building, structure or premises shall be increased through addition of dwelling units, gross floor area, seating capacity, parking and loading facilities as required herein shall be provided for such increase of use. F. That the Applicants have requested to be granted a variance from the above Ordinance requirements and so that they will not be required to meet the off-street parking requirements, which require nine off-street parking spaces for the uses of the property. SHOEMAKER VARIANCE - FINDINGS & CONCLUSIONS Page - 2 G. The Applicants did submit a drawing of their property with the Application; the drawing does show space that could be used for off-street parking if garages and sheds were removed; the Applicants submitted an amended drawing showing angle parking in the alley, as desired by the Ada County Highway District; the drawings show a carport or garage to the west of the house and an existing shed. H. The property in question is described in the variance application and is incorporated herein as if set forth in full. I. That the property in the area where the variance is requested is zoned Old Town, which requires a conditional use permit to operate any commercial use. J. That the Applicants do own the property. K. That the Meridian Planning Director submitted comment which was that this request was precipitated by the Applicants, increasing the restaurant area, thus adding to the parking necessary and she stated that retention of the existing tree is a valid reason for granting the variance; she recommended that the variance be granted provided neighboring properties are not adversely affected and all other agency and staff conditions are met. L. The Ada County Highway District, for site specific requirements, commented as follows: 1. Replace unused curb cuts on Carlton Street with standard curb, gutter and sidewalk. 2. Locate driveway curb cuts a minimum of 5 -feet from the side lot property lines when driveways are not being SHOEMAKER VARIANCE - FINDINGS & CONCLUSIONS Page - 3 shared with the adjacent property. 3. Utilize 45 -degree angle parking off the alley. Coordinate design with District Traffic Services staff. 4. Pave the alley with a minimum of 12 -feet wide abutting parcel. Where obstruction permit, 16 -feet of pavement will be required. 5. Construct 5 -foot wide concrete sidewalk on Carlton abutting parcel. M. That a letter was received from Steven R. Pletelo, residing at 35 East Carlton; he stated that he thought the Applicants need to have at least nine parking spaces and that the architectural plans show that they can get those parking spaces without taking out the tree; he also stated that the parking for the residents along East Carlton has gotten worse because we do not have much parking behind our houses and that the street is narrow and when two cars are parked on both sides of the street it is hard for two cars to pass. N. That there was no public comment at the public hearing. CONCLUSIONS O. 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. P. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. Q. That the City Council has judged this application by the SHOEMAKER VARIANCE - FINDINGS & CONCLUSIONS Page - 4 guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance upon which it may take judicial notice. R. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. S. That the specific requirements regarding a variance that must be evidenced and found by the City Council, are as follows: A variance shall not be granted unless the Council makes a statement of supportive reasons based directly on the evidence presented to it which supports conclusions that the mentioned standards and conditions of this Ordinance have been met by the Applicant and unless all of the following exist: a. That there are no special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would be clearly impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Ordinance unreasonable under the circumstances, or that the conditions and requirements of this Ordinance will result in inhibiting the achievement or objectives of this Ordinance; C. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and 'the Comprehensive Development Plan. T. That there does appear to be a specific benefit, profit, SHOEMAKER VARIANCE - FINDINGS & CONCLUSIONS Page - 5 economic gain or convenience to the Applicant if this variance is granted since they would not have to go to the expense of putting in the required off-street parking spaces and they would be able to retain the tree; retaining the tree is to the best interest of the City and the public but there appears to be ways to retain the tree; that the parking would have to be paved and to put in the parking west of the home would require the carport or garage and the existing shed to be removed, which would take a period of time to accomplish. U. That regarding Section 11-2-419, it is specifically concluded as follows: a. That there are no special circumstances or conditions affecting the property that the strict application of the provisions of the off-site parking requirements would clearly be unreasonable; there clearly is enough land to place off-street parking on if the garage and shed are removed and an adequate parking area is placed there. b. That strict compliance with the requirements of this off- street parking Ordinance would not result in extraordinary hardship to the Applicant, since they have sufficient land area to place an off-street parking lot. C. That the granting of a variance would be detrimental to the public's welfare or possibly injurious to the public; the parking on the streets in the area is causing a problem as evidenced by the letter from Mr. Pletelo. d. That the variance would have the effect of altering the interests and purposes of the off-street parking Ordinance. V. That it is concluded that the Application for a variance from 11-2-414, OFF-STREET PARKING, should be denied, but since it will take some time to remove the carport or garage and the existing shed, it is further concluded that the Applicants shall SHOEMAKER VARIANCE - FINDINGS & CONCLUSIONS Page - 6 have six (6) months to remove the carport or garage and existing shed and place a parking lot of sufficient size to meet the Ordinance requirements and complete the required off-street parking. W. It is further concluded that the City has granted time extensions in meeting the off-street parking requirements where a structure previously used as a home has been converted into a commercial use and that it is appropriate to grant the extension to allow the continuation of the business while the owners and operators of the property and the use meet the Ordinance requirements. X. It is further concluded that the Planning Director shall take measurement of the amount of space that is being used for the business to see exactly how much space is being used for commercial purposes and determine exactly the amount of parking that is required and Applicants shall assist the Planning Director. Y. That it is further concluded that if the required parking is not in place and paved within six (6) months, the business shall cease operation to the extent that only the amount of business space shall be used for which the Applicants have the required off- street parking as required under the Off -Street Parking Ordinance. SHOEMAKER VARIANCE - FINDINGS & CONCLUSIONS Page - 7 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) DECISION VOTED VOTED VOTED VOTED VOTED Based on the above Findings of Fact and Conclusions of Law it is decided the Application for a variance from 11-2-414, OFF-STREET PARKING is denied, but the Applicants shall have six (6) months to install, construct and pave the required parking, as stated in these Findings of Fact and Conclusions of Law. APPROVED: DISAPPROVED: SHOEMAKER VARIANCE - FINDINGS & CONCLUSIONS Page - 8 MERIDIAN CITY COUNCIL MEETING: DECEMBER 20 1994 APPLICANT: TAMI AND JAMISON SHOEMAKER ITEM NUMBER; 4 REQUEST; FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: All COMMENTS 12/20/94 16:17 $208 345 7650 V, GLENN J. RHODES: President SHERRY R. HUBER, VIC9 President JAMES E. BRUCE, Secretory ACHD Shari Stiles Planning & Zoning Administrator City Of Meridian RE: MERIDIAN VARIANCE 1031 E. 1st W.9UU.L VVJ. DEC 2 D 19194 December 20, 1994 VIA FACSIMILE MERVEIST.MEM Cottage Expressions The parking layout along the Carlton Street- frontage shows that several future proposed parking spaces will force vehicles to back directly into the street to leave the premises. The District generally does not allow this sort of situation for commercial projects and staff recommends that those additional parking spaces not be allowed as shown. We do agree with allowing the handicapped parking space remain in the proposed location which is parallel and within the public right-of-way. If you have anyquestionsor comments, please call me at 345-7662. lj/ St art C. Rich, Developmen Analyst Development Services SCR/scr CC: Project File Chron File Tami & Jamison Shoemaker ada county highway district 318 Eost 37th • Boise, Idaho 83714 • Phone (208) 345-7680 ncr gra +qA lS:np 209 345 7650 PAGE.01 �'X a e i-.vta he �- /;�- n f a #0 j_ - I-V (208) 884-1300 EXT. 236 & 238 BUS. (208) 884-1306 FAX, 880-1047 MOBILE GARY and NANCY MUMFORD Sales Associates Ire -r.1 1611 10 *4i7s I COLDWELL BANKER ASPEN REALTY, INC. 900 NORTH LINDER ROAD MERIDIAN, ID 83642 An Independently Owned and Operated Member of Coldweii Banker Hesicenuat muludtub- -- Z)7/[,J I oe- PARKING LOT LICESNE AGREEMENT R'ECE I VEa JUN 2 1 1996 Crry OF WERIDIAty This Agreement made, effective as of T�i 19, 1996 by and between the Chapel of the Chimes, whose mailing address is, 105 E Carlton Ave., Meridian, Idaho 83642, hereinafter referred to as Licensor, and Jamison and Tami Shoemaker, whose mailing address is 1664 S Sportsman Way., Meridian, Idaho 83642, hereinafter referred to as Licensee. The parties hereto agree as follows: Section 1. Grant of Permission. In consideration of Licensee's promises contained in this Agreement, Licensor hereby gives permission, revocable and terminable as provided below, to Licensee and to Licensee's tenants leasing commercial properties located at 1031 East First Street, Meridian, Idaho, and the customers of such tenants to enter upon that certain real property of Licensor improved as a parking lot and more particularly described below for the purpose of using portions of it for temporary automobile parking, all on the terms and conditions set forth in this Agreement all of which Licensee promises to comply and abide with. Section 2. Description of Property. The real property of Licensor that Licensee and the persons described in Section I hereof are permitted to enter upon and utilize the parking spaces as herein provided pursuant to the terms of this Agreement is more particularly described on Exhibit A attached hereto and by this reference made a part hereof. Section 3. Consideration. The permission granted to Licensee under this Agreement is given to Licensee as an accommodation to Licensee and it shall be without charge to Licensee for the use thereof. Licensee hereby acknowledges the title of Licensor to the above described real property and now and forever for himself and his successors and assigns hereby relinquishes and/or disavows any right title and interest therein. Section 4. Permission Not Exclusive. 'Me permission granted to Licensee under this Agreement is not exclusive to Licensee and Licensee and the persons identified in Section I hereof shall only have the privilege under this Agreement of occupying up to .90 parking spaces at only such times daily from 1:00 a.m. to 10 :00 p.m. as such parking spaces are not being utilized by Licensor or it's employees or guests and further provided that Licensor hereby reserves for the benefit of employees or guests a priority license to utilize said parking spaces at any such time Licensor deems necessary. The exclusive right and privilege of Licensor to utilize all of the real property described herein, including the 'P-0 parking spaces subject to the provisions hereof for the periods not covered by the non-exclusive licenses provided for herein are specifically reserved to Licensor and its employees and guests. Section 5. No Buildings, Obstructions or Exits Licensee shall not erect any buildings or other structures on the herein described property, or erect or have, erected or installed, permit to remain on the subject property any temporary structures, fixtures, shelters, PARKING LOT LICENSE AGREEMENT - attachments, signs or other things attached to or being on such real property and placed thereon by Licensee or the tenants or customers or such tenants of Licensee. In addition, Licensee shall not install, nor permit any of its tenants to install, any additional doorways or passageways providing pedestrian ingress or egress to the parking spaces from the side or rear portions of licensed commercial buildings. Section 6. Use. Licensee shall not use the herein described property for any other purpose other than the temporary parking of automobiles during the hours permitted by Section 4 hereof, and shall not perform or permit any of Licensee's tenants or the customers thereof to perform any disorderly conduct or commit any nuisance on such property or to use such property in any way so as to interfere with the exercise by Licensor or its employees or guests of the complete and unobstructed use of the subject property, Section 7. Indemnification. Licensee shall exercise the privileges under and pursuant to this Agreement at Licensee's own risk, and, irrespective of any negligence of Licensor, Licensee shall indemnify and bold Licensor harmless from and against any and all liability for damages, costs, losses, and expenses resulting from, arising out of, or in any way connected with the, occupation or use of the described real property by Licensee, or the Licensee's tenants or their customers, or the failure on the part of Licensee to perform fully all and singular Licensee's promises contained in this Agreement, Licensor shall not be liable to Licensee if for any reason whatsoever Licensee's occupation or use of the property under and pursuant to this Agreement shall be hindered or disturbed. Licensee shall procure and maintain comprehensive general liability insurance covering Licensor as an additional insured against claims for bodily injury or death or property damage occurring in, upon or about or resulting from the real property herein described, or any street, drive, sidewalk, curb, or passageway adjacent thereto, in standard form and with such insurance company or companies in an amount of no less than One Million Dollars ($1,000,000) which insurance shall include blanket contractual liability coverage which insures contractual liability under the indemnifications set forth in this Agreement. Section 8. Privilege Not Assignable. Licensee's privileges under this Agreement shall not be assignable by Licensee in whole or in part. Section 9. Termination. Licensor reserves the right to terminate the permission granted by this Agreement, in its sole and absolute discretion, at any time by giving Licensee at least thirty (30) days written notice of such termination, except that Licensor may, at its election, terminate the permission immediately without such notice at any time Licensee shall fail to comply with or abide by each and all of the provisions of this Agreement or to keep all and singular Licensees promises contained in this Agreement. Section 10. Notice. Any notice provided for or concerning this Agreement shall be writing and shall be deemed sufficiently given when sent by regular U.S. Mail if sent to the respective address of each patty as set forth at the beginning of this Agreement. PARKING LOT LICENSE AGREEMENT - 2 Section 11. Time is of the Essence. It is specifically declared and agreed that time is of the essence of this Agreement, Section 12. Governing Law. It is agreed that this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Idaho. Section 13. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any broach of any of the terms and conditions of this Agreement shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. Section 14. Attorney's Fees. In the event that any action is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all sums that either party may be called upon to pay, a reasonable sum for the successful party's attorney's fees. Section 15. Entire Agreement. This Agreement shall constitute die entire Agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. Section 16. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in writing, signed, by each party, or an authorized representative of each party. IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first above written. �Oh trc,,,- VjI1t"\ c ha p",l 0-F -rh-e ck, Ywts fc r /la(c� f'`,rh.w� Park,, c—�i cc C� Qns � ►tip. manly v, ��� �,� ©ham v►, -,0Y �8Y C4 J't ro K 4 b% a. )OK4 r1c.VV-ca sPctce ter, ., JV i� w� � %1 o t ►yea �t{r' CHAP" OF THE CIMES BILL BREWER PARKING LOT LICENSE AGREEMENT - 3 OAF I SHOEMAKER Meridian City Council December 6, 1994 Page 3 Kingsford: Moved by Walt, second by Bob to approve of the decision on the variance, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Walt, you made the motion would you read the decision please? Morrow: Upon motion duelly made and seconded the application of Vijya Laxmi Development Inc. for a variance from 11-9-605 E which variance would allow a block length greater than 1000 feet is hereby denied. Kingsford: Those findings can be picked up in the morning. ITEM #3: TABLED NOVEMBER 15,1994: FINAL PLAT FOR HARTFORD SUBDIVISION, 66 LOTS BY VIJYA LAXMI, INC.: Morrow: With the request for variance being denied, if the variance is denied the final plat as presented to us reflects an approval of that variance so it would appear to me that the final plat needs to be tabled pending correction of the final plat, so I would so move. Corrie: Second Kingsford: Moved by Walt, second by Bob to table the final plat for Hartford Subdivision until the next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A VARIANCE REQUEST BY TAMI AND JAMISON SHOEMAKER: Kingsford: Has the Council reviewed those findings? Crookston: Mr. Mayor we do not have findings on those. Kingsford: My agenda says that we do. Crookston: That is what your agenda says but we don't have them. Kingsford: Will you explain that to me? Crookston: Yes I will, Shari Stiles and I have discussed this, what was presented to the Meridian City Council December 6, 1994 Page 4 City on the variance had a map with it that showed 6 parking spaces along the alley between this property and Circle K, it also showed 3 parking spaces on the north along Carlton Street. In preparation of the findings when I saw that map and I saw the application that they needed 9 off street parking spaces, I looked at the map and said well they have 9 off street parking spaces. So I had a discussion with Shari and I questioned how many parking spaces they actually needed. There was discussion between her and myself, ultimately it turned out that at least the parking spaces along Carlton may not be able to be done. Then I received the comments from Ada County Highway District which indicated that they parking spaces along the alley needed to be angled, that was not shown on the map. We thought that it was better to have some more input from the Showmaker's, Shari I thought that we had discussed that she would contact the Shoemaker's, I don't know whether she did, but we need some more input on that. Specifically what actually can be done there. So we ask that the findings be delayed until we had that information. Kingsford: It is pretty much then what you and I talked about yesterday. Shari, did you contact the Shoemaker's? Stiles: Yes, I understood that they were going to be here tonight, but maybe something came up. Shoemaker: (Inaudible) Stiles: I talked to your husband when he brought that site plan in. Shoemaker: (Inaudible) He is supposed to be here, he met with you and all I know is that he showed you what we were supposed to draw up the 450 angles that you wanted to see that in there and he brought that. That is all I know that was revealed to me from him of your meeting. Maybe there was more but that was all I got from him, we don't know that there was anything more said about the Carlton parking that we cannot do at this time because of they are asking us to put in that big pit in that small area for 3 parking spots which cost more than the parking itself. That alone costs a lot, we have to knock down the shed to do it. We can put the 6 in the angled and he brought something to you, do these guys have it? Stiles: Yes Shoemaker: Okay, to be abled to have the angled like the Ada County Highway I think it is, would like us to do. And then we can also have the one on Carlton for the handicapped that we had discussed at the last meeting, he shows that. We do plan to eventually put in more but at this time that is what we can put in. Meridian City Council December 6, 1994 Page 5 Kingsford: Counselor, Shoemaker: I know this is what we discussed last time too. Crookston: That certainly helps, a question that arose was the lighting that you propose, particularly along the parking in the alley. Shoemaker: There is a large light there already that is in the alley that will remain there. It is a big street light. Crookston: Is that along 1 st Street, or is it towards the back? Shoemaker: It is in the alley along E. 1st but it lights up the entire backyard which will light up that entire parking area. It is bigger than your street lights that we have now on E. 1 st. Crookston: So, under your proposal then, you would have 6 parking places. Shoemaker: And the hadicapped would make 7. Crookston: How many are you required to have? Shoemaker: Did it come out to be 9? Stiles: I believe so. Shoemaker: We were trying, was it 7, 1 don't remember. You were going to check on that to how many square feet and, did you check on that specifically? Last meeting I remember we couldn't decide on if it is square feet or occupnacy or whatever it was you were going to check on that. Stiles: Our ordinance requires the square footage, it is just based on square footage. So did you figure out exactly what that was. Kingsford: Was that what the 9 was based, square footage? So your request for a variance is from 9 to 7? Shoemaker: Right Kingsford: And that is then what you will deal with? Shoemaker: And that is basically to save that tree. Meridian City Council December 6, 1994 Page 6 Crookston: I have seen the new map that was brought in. That extends the parking towards the tree, how far does that extend it? Shoemaker: (Inaudible) it brings it farther west than the original 6 900, but the 90° was 20 foot plus the 5 foot walk and the 450 is a 15 foot distance. So it brought us back 5 feet. Crookston: By saying brought it back what do you mean? Shoemaker: It brought it back towards the alley at the south 5 feet farther away from the original. I coudl show you, there is a little bit left (inaudible) original corner of the 900, 6. Crookston: It was substantially farther away from the tree initially then this shows. Shoemaker: The 90°, the Ada County Highway District required the 450. Even at 6, we are farther than we would like to be. That is where we are at, quite a bit that way and quite a bit into the trumpeter vines also. So, I am sorry I don't have it measured in feet, but the 5 foot going south I believe helps also. Crookston: Do you think that is going to interfere with the life of the tree? Shoemaker: If I had it my way I would like to reduce that to 5, because that 450 taken so far. We are at the mercy of the City here to try and find a compromise that is workable. Crookston: (Inaudible) the parking along Carlton, the 3 spaces that you showed on your initial map. When could you put those in? Shoemaker: Talking with Ada County Highway District we don't know if they will ever allow us to do that as drawn because it would cause them to back up onto Carlton and as you know they don't like that idea of having to back into a street, even a side street. So that is something the architect drew up and aparently at that point in time it had never gone before Ada County Highway District. Crookston: Is there anyway to extend that area to make it bascially a parking lot where they would drive in and park along your west boundary. And then when they came out they would be facing out. T. Shoemaker: I know the architect looked at that at one time and didn't think it was able to do it without more footage because we have that building built there. Shoemaker: You would be in a situation where the only place they could back up is our proposed handicapped spot and obviously if somebody is there then there is not much Meridian City Council December 6, 1994 Page 7 room there to (inaudible) there is no room to turn a car around even if you took out that existing garage. Crookston: Thank you. Kingsford: Counselor, do you have adequate information for findings now? Crookston: I do, it just seems to me there might be a way to make parking along that west boundary though and then they would meet the ordinance and they wouldn't need a variance. I think it is fine along the alley. Kingsford: And you got your architectural degree the same time you got your law degree and all that is kosher. Crookston: Actually 1 had my architectural before. Kingsford: We are all in trouble. Your recommendation then is what, we have to table this to have findings. Crookston: Yes you do, you need findings. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to table the findings of fact and conclusions of law for a variance for Tami and Jamison Shoemaker until next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea (Inaudible) Kingsford: If we need anything they had better get with you and in advance of next meeting. (Inaudible) ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING FOR RAVEN HILL SUBDIVSION BY ALLAN CHANDLER: MERIDIAN CITY COUNCIL MEETING: November 151994 APPLICANT; TAMI AND JAMISON SHOEMAKER AGENDA ITEM NUMBER: 8 REQUEST;VARIANCE REQUEST BY TAMI AND JAMISON SHOEMAKER AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED' CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION; SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: n OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM .,UB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 8884433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TO: Mayor and Council �S FROM: Shari L. Stiles, Planning & Zoning Administrator DATE: November 1.0, 1994 COUNCIL MEMBERS RONALD R.TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning SUBJECT: Variance Request for Off-street Parking Requirements - Tami and Jamison Shoemaker This request was precipitated by the Applicants' increasing the restaurant area, thus adding to the parking necessary. The Applicants participated in the East First Street LID to improve the current on -street parking. I believe the retention of the existing tree is a valid reason for granting the variance, and I recommend approval provided neighboring properties are not adversely affected and all other agency and staff conditions are met. HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS - A Good Place to Live ADA PLANNING ASSOCIATION 0 C T 3 1 1934 RONALD R. TOLSMA WILLIAM JANICEL. BES, City , Treasurer JANICE L. GASS, City Treasurer CITY OF MERIDIAN MAX YERRINGTON ROBERT D. CORR!E ROBERT GARY D. SMITH, P.E. City Engineer IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Water Supt. BUREAU OFLAMATION(PRELIM & FINAL P Planner &Zoning Atlministraicr KENNY W. BOWERS, Fire Chief MERIDIAN IDAHO 83642 ' OTHER: W.L.''BILL'' GORDON, Police Chief YOUR CONCISE REMARKS; /7 ./ JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 Chairman - Planning 8 Zoninc Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 8, 1994 TRANSMITTAL DATE: 10/24/94 HEARING DATE: 11/15/94 REQUEST: Variance Request for Tami and Jamison Shoemaker BY: Tami and Jamison Shoemaker LOCATION OF PROPERTY OR PROJECT: Corner of E. Carlton and East 1st Street JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PRECEIs - ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION 0 C T 3 1 1934 CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT ICITY Or SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OFLAMATION(PRELIM & FINAL P CITY FILES OTHER: YOUR CONCISE REMARKS; /7 ./ OFFICIALS HUB OF TREASURE VALLEY A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG. JR.,City Clerk . RONALD RTOLSMA JANICE L. GASS. City Treasurer CITY �F MERIDIAN MAX YERRINGTON ROBERT D. CORNGTON GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS. Fire Chief "BILL" MERIDIANIDAHO 83642 Planner & Zoning Admmisiratcr W.L. GORDON, Police Chief , JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 Chairman - Planning & Zcning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn-. Will Berg, City Clerk by: November 8. 1994 TRANSMITTAL DATE: 10/24/94 HEARING DATE: 11/15/94 REQUEST: Variance Request for Tami and Jamison Shoemaker BY: Tami and Jamison Shoemaker LOCATION OF PROPERTY OR PROJECT: Corner of E. Carlton and East 1st Street JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z _CHARLES ROUNTREE, P2 _TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PUR=L ADA COUNTY HIGHWAY DISTRICT i ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH 0 C T 2 6 199 NAMPA MERIDIAN IRRIGATION DISTRICT ..;., SETTLERS IRRIGATION DISTRICT L>tI,3i' IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: & � 6 — YOUR CONCISE REMARKS: Tk , -1. >C, s 0 . f r- rip_ r_ t 7`h. -e_ !LENN J. RHODES. President -HERRY R HUBER, Vice President ;MES E. 3RUCE, Secretary 0091A FROM: SUBJECT: ACHD Commission Development Services NOil O 4 1934 Variance from Parking Standards "LATER -DEPARTMENT CORRESPONDENCE Q_HOEMKR. `IAR/DSTECH 11-9-94 DATE: November 4, 1994 1031 E 1st, Meridian (Applicant - Tami and Jamison Shoemaker, 1664 Sprortsman Way, Meridian ID 83642) PRELIMINARY REPORT - NOT FINAL UNTIL APPROVED BY THE ACHD COMMISSION FACTS & FINDINGS: 1. The applicant is requesting a variance from the City of Meridi- an's standards and proposes to have 6 -parking stalls perpendic- ular to the alley along the site's south side. The site is located at the southwest corner of Carlton and 1st Street. 2. GENERAL INFORMATION: LEAD AGENCY - City of Meridian ACRES - 0.25 SQUARE FEET OF PROJECTED BUILDING - 325 ZONING - Commercial - ESTIMATED VEHICLE TRIPS PER DAY - 20 TRAFFIC ANALYSIS ZONE - 270 L.F. OF FRONTAGE ON 1st Street - 125 MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE -TO -RIVERS PATHWAY PLAN - Route EXISTING RIGHT-OF-WAY - 72 -feet REQUIRED RIGHT-OF-WAY - No additional right-of-way required 1st Street is improved with a 49 -foot street section and a 12 -foot wide sidewalk with 2 -feet of brick pavers. L.F. OF FRONTAGE ON Carlton - 110 MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Local ADA COUNTY RIDGE -TO -RIVERS PATHWAY PLAN - No pathway shown EXISTING RIGHT-OF-WAY - 42 -feet REQUIRED RIGHT-OF-WAY - No additional right-of-way required. ada county highway district 318 East 37th 9 Boise, Idaho 83714 • Phone (208) 345-7680 Variance - 1031 E 1st Parking Standards November 4, 1994 Page 2 Carlton is improved with a 33 -foot street section and a sub- standard sidewalk. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. There is an unimproved alley along the site's south boundary. The alley has 16 -feet of right-of-way. The actual driveable width of the alley has been reduced to approximately 12 -feet by structures and fences. This is insufficient width for vehicles parked perpendicularly to back-up. Staff recommends 45 -degree angled parking with 16 -feet of pavement, reduced to a minimum of 12 -feet where obstacles exist. 4. This application is scheduled for public hearing by the City of Meridian Planning Commission on November 11, 1994. The following requirements are provided to the City of Meridian Planning & Zoning as conditions for approval. SITE SPECIFIC REQUIREMENTS: 1. Replace unused curb cuts on Carlton Street with standard curb, gutter and sidewalk. 2. Locate driveway curb cuts a minimum of 5 -feet from the side lot property lines when driveways are not being shared with the adjacent property. 3. Utilize 45 -degree angle parking off the alley. Coordinate design with District Traffic Services staff. 4. Pave the alley with a minimum of 12 -feet wide abutting par- cel. Where obstructions permit, 16 -feet of pavement will be required. 5. Construct 5 -foot wide concrete sidewalk on Carlton abutting parcel. STANDARD REQUIREMENTS: 1. Submit site drainage plans and calculations for review and appropriate action by ACRID. The proposed drainage system shall conform to the requirements of the City of Meridian and shall retain all storm water on-site. 2. A right-of-way permit must be obtained from ACRD for any street or utility construction within the public right-of- way. Utility cuts should be combined where practical to limit Variance - 1031 E 1st^ Parking Standards November 4, 1994 Page 3 pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. 3. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING• Karen Gallagher a DATE OF COMMISSION APPROVAL: El | --7 rl U | | \ AW -71 F T -TTTE__j --------- - c00 CENTRAL DISTRICT HEALTH DEPARTMENT Rezone # Conditional Use # Preliminary / Final / Short Plat �" 1-17 REVIEW SHEET Environmental Health Division ❑ I. We have Objections to this Proposal. Return to: NOV 0 3 lS.31 ❑ Boise ❑ Eagle C: Y orvL3eTh1°3❑ Garden city Meridian ❑ Kuna ❑ ACz ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet ❑ 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 9. Street Runoff is not to create a mosquito breeding problem. ❑ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 12. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store ►, q 13. NO Date: Reviewed By:'�~ 0 fDHD I0/91 rcb, rev. 11/93 ill To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 8 1994 TRANSMITTAL DATE: 10/24/94 HEARING DATE: 11/15/94 REQUEST: Variance Request for Tami and Jamison Shoemaker BY: Tami and Jamison Shoemaker LOCATION OF PROPERTY OR PROJECT: Corner of E. Carlton and East 1st Street JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z _CHARLES ROUNTREE, PrZ TIM HEPPER, P/Z _GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C _WALT MORROW, C/C _MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH �c NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: Nampa & Meridian Irrigation District bAq nn rnmment on the variance request for Bill Henson, Assistant Water Superintendent NamDa & Meridian Irrigation District V CITY OFn� 6. °... ittl+.. HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk MAX YERRINGTON ROBERT D.R. JANICE L. GASS. City Treasurer CITY OF MERIDIAN W WALT W. MORORROW GARY D. SMITH, P.E. City Engineer STILES BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt 33 EAST IDAHO Zoning Planner & & Zoning Adm�nistra;cr KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 JIM JOHNSON W.L. "BILL" GORDON, Police Chief Phone (208) 888-4433 • FAX (208) 887-4813 ,_ _ Chairman - Planning 8 Zoning WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 t GRANT P. KINGSFORD Mayor TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS TRANSMITTAL WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 8 1994 TRANSMITTAL DATE: 10/24/94 HEARING DATE: 11/15/94 REQUEST: Variance Request for Tami and Jamison Shoemaker BY: Tami and Jamison Shoemaker LOCATION OF PROPERTY OR PROJECT: Corner of E. Carlton and East 1st Street JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z _CHARLES ROUNTREE, PrZ TIM HEPPER, P/Z _GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C _WALT MORROW, C/C _MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH �c NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: Nampa & Meridian Irrigation District bAq nn rnmment on the variance request for Bill Henson, Assistant Water Superintendent NamDa & Meridian Irrigation District V CITY OFn� 6. °... ittl+.. IRSLECEIVED N 1) V - 8 1994 *aTY OF MERIDIAN Loren and Gayla Ross 50 & 52 E. State Meridian, ID 83642 (208) 888-7557 William G. Berg, City Clerk City Council City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 TO WHOM IT MAY CONCERN The following is in response to the proposed application of Tami and Jamison Shoemaker for a parking variance. Upon review of the site plan proposed for additional parking along the alley consisting of 6 parking slots, I have several concerns. One concern is that the area be self monitored/policed to assure that the alley is open at all times and that overflow does not consume parking slots on my property. Another concern is that the alley is one way proceeding west. That means a considerable increase of traffic down the alley. Is there any remedy for dust that either the City or Shoemakers would be willing to participate in? Upon further study of the site plan, is it possible that the parking slots be positioned at either a 45 or 60 degree angle for ease of use? It would appear that a 90 degree placement w/only a 20' depth off of a narrow alley would result in an almost impossible angle to negotiate. The Shoemakers have been good neighbors to us and in no way is the above presented to put an undue obstacle in the way of their progress. Sincerely, Loren and v Gayla Ross I> Z e� L� a bE� �4LL8`' r •�-�� I 1------------------- ----------- ' -- --- ! x m AGE EXPRESSIONS DEL AND ADDITION - 3 to 77]k T� I3 I e� L� a bE� �4LL8`' r •�-�� I 1------------------- ----------- ' -- --- ! x m AGE EXPRESSIONS DEL AND ADDITION RECEIVED N 0 V 1 4 1.994 CITY OF MEHIMAN 1-l-e—a vc 3 a } & 9,,g T- �Jc y on f4 Jo_r(uhL4L Rf- /031 0*5f Is �tY`2Qt r\�I�t%tr 1 Ct nK j� e y ri-p� fv hawe a4- Uk- %+ �1; �Yme k;" Spic -00 �, ..� • % ���Y�� �,y �-� arc i ��t,-fv►-e �� t -i �I Cc v\ 9.a1" i�ok �ark�►�g PaVkhaj Tor of EGSt `A�-lfoh hqS wovse w�-joti,+ have rnvc-11 Fkx►-kih9 A YJCtvLv ) 4 Ca" OLV4- 6)eWk'j o►t bo4t\ Sed" 0-� Gamer o� �a5�- �►'1 d` % ►�a�� Il l -P -J-a h4.V� 1' c �xrk► 06 Gxv'S �e5��►'cf�24 Su wee CQh haVt 4 s,,o- t- 94 ok %1RV2 nu i C�g�iin5f bvS�'►,es5 k t-� iLkk 4Q Va.-, u h�.e 3 OFFICIALS HUB OF TREASURE VALLEY A Good Place to Live COUNCIL MEMBERS JANICE L. GASS, City Treasurer CITY OF MERIDIAN RONALD R. TOLSMA ROBERT D. NGTON ROBERTAX CORRIE GARY 0. MITH,P,JR.,CiEngink GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner & Zoning Administrator W.L.''BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 Chairman - Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn- Will Berg, City Clerk by: November 8, 1994 TRANSMITTAL DATE: 10/24/94 HEARING DATE: 11/15/94 REQUEST: Variance Request for Tami and Jamison Shoemaker BY: Tami and Jamison Shoemaker LOCATION OF PROPERTY OR PROJECT: Corner of E. Carlton and East 1st Street JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z _CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z _GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C _BOB CORRIE, C/C _WALT MORROW, C/C _MAX YERRINGTON, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: xlsTll-�, :a Tom. --r 1 I DRIVE=Y TERFL7 I , .� T -T cop II +j z O 0 P VIM a S", 10' 7, Cep W�6 *jpFt4-eF c,RAvek- Rep jAIN ��(oj4M (-1,61E12 h -T F "15,4r4 +� e�;� EXISTNO STREET 6r.N SM P 4 NaN 16 tx fP4 L I yP Lk3W -4 N z l z O 0 P -/�� 0 V♦ N W � Q o ao XZ W Wa a z a J W � a W I SHED Its Kwil I's Tf Vi 0 w c�uii z d ' S•v'UG EXISTING TREES 9 I" 74 r-- - WALK V 3 REMOVE EXISTING I " FENCE ------ ---- --- I �\�------- AD -- _� -- �t------- 2- I.�xa i � NEW SWI►-I� �1'E I I20'-0' NEW SHADE TREES (TYP. OF 5) gW-Toj4 Of I I E,�is-�1h� G��• �-K MOVE I (STING I 0 � I I (P I NOTE: NEW RAMP I I ABANDON EXISTING FLOOD -- IRRIGATION SYSTEM AND EM PROVIDE NEW 0 V EXISTING I SPRINKLER SYSTEM AUTOMATIC E i FENC I THRDLIGH OUT. i EXISTMG STREET SIGN SITE i='L4N EXISTING SIDEWALK ear, s� � � v �� �ni�6� � ��; Ss ��