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Sideyard Setbacks VARCERTIFICATE OF ZONING COMPLIANCE* Date: Mazch 13, 1998 Owner: Roy and Richazd Brown Address: Linder & Cherry Lane Proposed Use: Hogi Yogi Zoning: Comments: No windows are approved on west side of building. All signage is subiect to design review and requires separate permits. No portable signs or temporary signnage is permitted. Copy of letter of approval from ACHD must be submitted prior to obtainin~building_permit. Submit detailed ligh, tingplans to Public Works Department for approval. Additional trash enclosure may be required for this use and may not be located next to residential properties. All parking dimensions are to meet City Ordinance. Pazking shown on east and south property lines is not approved. A minimum of one 3" caliper tree/1.500 s.f. of asphalt is required for this development. City's failure to s,~ecifically identify Ordinance requirements does not relieve owner of responsibility for compliance. OCCUPANY PRIOR TO RECEIVING APPROPRIATE PERMITS WILL RESULT IN SIGNIFICANT DELAYS AND POSSIBLE LEGAL ACTION. Shari Stiles Planning & Zoning Administrator *Receipt of a Certificate of Zoning Compliance does not indicate compliance with requirements of other departments/agencies, including, but not limited to, Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, etc. This certificate shall expire one (1) year from the date of issuance if work has not begun. ** TX CONFIRMATION REPORT ** AS OF AUG 28 '96 12 43 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 03 0828 12 42 3441192 QEEL~1aLS. WILLIAM G. BERG, JR., Clry Clark JANICE L. GASS, Clry Treasurer GARY D. SMITH, P.E.. Oiry Engineer BRUCE D. STUART, Water Wake Supt JOHN T, SHAWCROtT, Waste Wetor Supt DENNIS J. SUMMERS. PaAte Supt SHARI L STILES, P 8 Z Atlminkkator PATTY 0. WOLFKIEL, DMV SWerulSOt KENNETH W. DOWERS, FIre CNef W L, "BILL' GORDON, PoBce CNeF WAYNE O. CROOKgTON, JR., gttorney MODE MIN/SEC PGS CMD# STATUS ~~ G3--S 00'44" 001 141 OK HUB OF TREASURE YAZLEY A Good Place to Live CITY QF MERIDIAN 33 EAST IDAHO n'IERIDIAN, IDAHO 83642 Phone (206) 888-4433 • PAX (208) 687~d813 Public WnrksBuildmg Depteaueat (208) 887.2211 Motor Vehick/I)rQvers Licenre (208) 868-aa43 ROBERT D. CORRIE Mayor TO: FROM: Daunt Whitman, B~ ng pector cal Shari Stiles, &Z Admi tstrator DATE: August 27, 1996 SUBJECT; Video StorelHogi Yogi -Roy Brown rN 1 M ~n Oe WALT W. MORROW, Presitlent RONALD R. TOL.SAAA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMI.4CION JIM JOHNSON, Orman TIM HEPPER JIM SHEARER GREG OSWND MALCaM MACCOv The foIlowing items still need to be addressed before I can approve of this development: The landscaping plan submitted is not acceptable. Nine trees are shown within the City's sewer easement. While the Public Works Department may allow some low shrubs and sod in this area, I don't believe trees will be acceptable. The Architect needs to coordinate with the Public Works Department for approved plantings. The nine trees shown in this area must be provided elsewhere on the site. Additional plarning areas will need to be incorporated in the plan to accommodate this. When this issue has been resolved to my satisfaction, I will notify you in writing. No Certificate of Occupancy, temporary or otherwise, is to be issued until landscaping issue is resolved. If Applicant desires to not comply with the Ordinance, a variance application must be submitted for approval by the City Council; however, I would not support such a request. Thank you. cc: Terry Butter ,2EB 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. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ROBERT D. CORRIE Mayor TO: Daunt Whitman, Bu~il-di-ng nspector FROM: Shari Mlles, &Z d 'strator DATE: August 27, 1996 SUBJECT: Video Store/Hogi Yogi -Roy Brown COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY The following items still need to be addressed before I can approve of this development: The landscaping plan submitted is not acceptable. Nine trees are shown within the City's sewer easement. While the Public Works Department may allow some low shrubs and sod in this area, I don't believe trees will be acceptable. The Architect needs to coordinate with the Public Works Department for approved plantings. The nine trees shown in this area must be provided elsewhere on the site. Additional planting areas will need to be incorporated in the plan to accommodate this. When this issue has been resolved to my satisfaction, I will notify you in writing. No Certificate of occupancy, temporary or otherwise, is to be issued until landscaping issue is resolved. If Applicant desires to not comply with the Ordinance, a variance application must be submitted for approval by the City Council; however, I would not support such a request. Thank you. 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 Motor Vehicle/Drivers License (208) 888-4443 cc: Terry Butler `_ .. P .9 Z BUTLER & ASSOCIATES 3417 AMERICAN 'TERRACE 1FiO15E, IDAHO 83706 30 July 2'!I.11J6 Daunt Whitman, Buildi~ Inspector Meridian Building Department Meridian Idaho Mr. Daunt Whitman ~~,~', ~~; f~~«.~ The following is in r+e~ards to a phone conversation with Mr. koy Voss of the fire department regarding Mr. Richard and Roy Browns project consisting of Video Land and Hogi Yogi Restaurant, and the availability of water to the project. In discussing the water availability at the site.. It was decided by Mr. Brown to do the following to change the building from a Type 'V' non-rated building to a Type 'V' one- hour. 1 The parapet on the existing Domino's Pizza will be extended the required 30" above the adjacent roof decks of both buildings. and per Mr. Browns description of the construction, which was reinforced concrete pumice block with perlite insulation fill will meet the requirements fora (two hour area separation wall] which would allow the Domino's Pizza building to be a separate building. 2. The area of the video land and Hogi Yogi will then be 8019 square feet. building, To achieve Type 'v' one-hour structure Mr. Brown has opted to install cone-hour rated ceiling system at the bottom of the engineered trusses by Truss Joist. And that all pen rations of the rated ceiling would be protected as required by code. Mr. Brown has also met with Shari Stiles, P&Z Administrator and has indicated that the items in her letter dated July 26, 1996 have been reviewed and met her approval. llear Sirs if you have any liuther questions regarding the above please call Mr. Tetry Butler at (208) 344-1192 Respec,-tiully Submitted 7,~/g~ Terry L. Butler w....:w.._.~~.,,,.,......_....._,......___....._ .. _ JUL 30 '96 16 09 ~ PAGE.02 WILLIAM G. BERG, JR., Clty Cleric JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH 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 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor TO: Daunt Whitman, Building Inspector - Cs FROM: Shari Stiles, P&Z Administrator DATE: July 26, 1996 SUBJECT: Video Store/Hogi Yogi -Roy Brown COUNCIL ~~FR~RFRe WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMIS. ION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY The following items need to be addressed before I can approve issuing a building permit for the above-referenced project: 1. No landscaping plan has been submitted. A detailed plan showing a minimum of one 3" caliper tree per 1,500 square feet of asphalt is required. 2. A minimum 20' planting strip adjacent to existing residential areas is required. This will include the current development as well as future building area (entire western boundary). 3. A total of 48 parking spaces is required. 4. A screened trash enclosure needs to be included on the plan. 5. Ramping and signage for compliance with ADA is not shown. When I have received the above additional irltbrmation in an acceptable format, I will notify you in writing. Please do not issue any permit until this has been done. Thank you. cc: Terry Butler ** TX CONFIRMATION REPORT ** AS OF JUL 26 '96 13 59 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 18 0726 13.59 3441192 MODE MIN/SEC PGS CMDti STATUS G3--S 00'45" 001 193 OK HUB OF TREASURE VALLEY WpJ.IAM G. 9ERG, JR., Clry Clerk A Good PI&ce [0 L1vo WALT W. MORROW, Presldem JANICE L. LASS. ~ Treasoror GARY D. SMITH, P.E., Oily Engineer CITY QF MERIDIAN RONALD R. TOLSMA CHARLES M. ROUNTREE T BRUCE D. STUART, Water Works Supt. GLENN R. 6Efv LEY JOHN T. SHAWCROFT, Waste Watm Supt 33 EAST IDAHO DENNIS J. SUMMERS. Parka Supt. SHARI L. STILES, P 3 Z Adminlatcator MERID]<AN, IDAHO H3642 P & Z COMMISSION PAT1Y A. WOLFKIEL, DMV SuperNSOr Phone (206) 888-4433 • PAX (208) 887-4613 JIM JOHNSON. Chairman KENNETH W. BOWERS. Ffre CNIeI Public Workslauilding Deparunent (208) 887.2211 TIM HEPPER W.4 "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Aaomey lunotor VehiclelDrivees License (208) 888-4443 JIM SHEARER pREG OSLUND ROBERT D. CORRTE MALCOLM MACCOY Mayor TO: Daunt Whitman Building Inspector CS FROM: Shan S tiles, P&Z Administrator DATE: July 26, 1996 SUBJECT: Video Store/Hogi Yogi -Roy Brown The lbllowing items need to be addressed before I can approve issuing a building permit for the above-referenced project: 1. No landscaping plan has been submitted. A detailed plan showing a minimum of one 3" caliper tree per 1,500 square feet of asphalt is required. 2. A minimum 20' planting strip adjacent to existing residential areas is required. This will include the current development as well as future building area (entire western boundary). 3. A total of 48 parking spaces is required. 4. A screened trash enclosure needs to be included on the plan. 5. Ramping and signage for compliance with ADA is not shown. When 1 have received the above additional 'information in an acceptable format, l will notify you in writing. Please do not issue any permit until this has been done. Thank you. cc: Terry Butler CITY 4~ MERIDIAN BUILDING D~PARTM~NT Plan Review Transmittal DATE: 7/ 10/96 PROJECT: VIDEO STORE, HOGI YOGI/ ROY BROWM ADDRESS: 1739 W.CHERRY LN. THE CORNER VINEYARDS CONTRACTOR: ROY BROWN ARCHITECT: BUTLER & ASSOC. 344-1192 ENGINEER: GALLAHER ENGINEERING Prior to the issuance of ~n building permit(s), the following items must be addressed to the satisfaction of the department making comment. Please address any questions or concerns to Daunt Whitman in the Building Department (208)887-2211 _ ;~ ~ =~~- f ~ ~ _ , ~, - ,; ,.. _ _ ,: ~~~- WATER DEPARTMENT: __~. ;. ~~~ ~~,~ ~d~"~' -~ SEWER DEPARTMENT: ~`" ~~,; ~~ 1~~Se~ ~s~ ~~'~'`~ FIRE DEPARTMENT: ~' ~g lr~: ~ ~"~ ~~~~ ~ ~ f ~~! ~ ~ ~- Jl,..~sc~~~`~ ~. PUBLIC WORKS DEPARTMENT: J BI TiLDING DEPARTMENT: ~ ~ , - ~ ~ ~~' ~~-- ~ '~" ~ ~ .- ~ ~' . C:\OFFICE\W PW IMMACROSV tOYBROW N. W PD .~`L ;~~~ ~f~~~,~~--a3~13 CITY OF MERIDIAN BUILDING DEPT. TRANSMITTAL DATE: z l~ 9S PROJECT : ~J r1 d S ~~~ZZ Q PLEASE MAKE YOUR COMMENTS OR CORRECTIONS TO THE BUILDING DEPARTMENT BY Z ZONING ADMIN: WATER DEPT.: SEWER DEPT.: (DATE) ~;r~~t~5 fC S~~ ~~~ ~ ,, _~ ~~ ~>,r Lit ,~~ ~,~ ~~ ~ .~ o al FIRE DEPT.: ~ l ,-- 2 L ~ _~~ Q~~sr ~ ~ G/~ ENGINEERING : ;> ~ ~ ~ ~ _ ~~ ~ ,1 ~~ ~ " . ~ ~~~ ~ G~.CL~ss~ ~~ , 1'~~ ~ ~ ~Cn~Sc~~~ r ~~~ ~~~~ ~1~~ ~~~ ~~ ~~ c (/~ r~' ~ V _ ~~ _~~~.r ft~~ -~. ~,s.~5~~-~'~ ~ i ~i ~~~ ~ f ., r--~i,~ ~~ ~ ~~~ .~ 'J ~ ~,~~ l ~~~,7c1 r ~ ~ ~s l~`~" ~ ~/~/~ c~~s~~v~ ~ ~ ~ f~ ~ ` ~ -- s~ ~~ ~.~ ~ ~. r MERIDIAN CITY COUNCIL MEETING: FE RUARY 7 1995 APPLICANT: REB IRREVOCABLE TRUST ITEM NUMBER; 6 REQUEST; V RIANCE FROM THE TEN FOOT INTERIOR SET BACK TO ALLOW ZERO LOT LINE AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OFLAW 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: BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF R.E.B. IRREVOCABLE TRUST FOR A VARIANCE FROM TEN FOOT INTERIOR SET-BACR REOUIREMENT_ TO ALLOW ZERO LOT LINE DEVELOPMENT FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for hearing on January 17, 1995, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, Roy Brown appearing on behalf of the Applicant, 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 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for January 17, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 17, 1995, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That the 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 this requirement has been met. 3. That Roy Brown, appeared on behalf of the Applicant before the Council to explain the need for the variance; he stated FINDINGS OF FACT & CONCLUSIONS OF LAW Page 1 REB IRREVOCABLE TRUST - VARIANCE FROM 11-2-410, SET BACK that he wants the City to grant the variance from the interior set- back requirement of ten (10) feet to allow a zero lot line development enabling him to develop lots 3, 4 and 5 as one parcel; that there would be a ten (10) foot set-back on the west side of lot 5; that there will never be access or easements from the back of this property to the residential property; he subsequently stated that Idaho Power Company has no power line easement across the property; that at least there is no easement recorded; that he understood that the Power Company has a right to access its power lines and that they have no problem with that. 4. That the ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS in Section 11-2-410 A of the Zoning Ordinance, under the C-N requirements, it is stated that the interior side set-backs are ten (10) feet. 5. That the property is zoned C-N; that the Applicant is the owner of lots 3, 4 and 5 of the Corner at the Vineyards. 6. That the Central District Health Department, Nampa & Meridian Irrigation District, Meridian Fire Department & Police Department have submitted comments and they are incorporated herein; that the City Engineer, Ada County Highway District, and other governmental agencies may submit comments and they shall be incorporated herein if submitted. 7. That the Planning and Zoning Director, Shari Stiles, submitted her comments; she stated that the Applicant should maintain the ten (10) foot side yard setback on the east lot line FINDINGS OF FACT & CONCLUSIONS OF LAW Page 2 REB IRREVOCABLE TRUST - VARIANCE FROM 11-2-410, SET BACK of Lot 3 and west lot line of Lot 5; that the variance be granted for the lot lines between Lots 4 and 5 and Lots 3 and 4 only. 8. There was testimony from the public, opposing the Application. 9. Gary Farnsworth, testified that he is the owner of the Mega Car Wash, which is on Lot 2 that abuts on the east side of the lots that Roy Brown and Company own; that his concerns lay with the traffic flow and safety; that if the set-back were to be reduced, the customers may start to use the bays as a means of getting through to the back to use the vacuums; that may propose a danger to children who at times stand next to the pillars as people are washing their cars; that as it is now, he has no future plans to expand; that he is hemmed in now, but is happy with what he has; that 20 foot farther west of the car wash is still Mr. Farnsworth's property; that Idaho Power's line runs within one (1) or two (2) feet of his property to the west; that there is an easement with Idaho Power; that there would be a problem in working on the power lines should a problem arise because the proposed variance would allow a development to be right up against another existing structure. 10. That John Wasson testified that he lives in the house directly behind lot 3; that his concerns range from traffic behind the proposed structure, the noise level, the possible trespassing and liability concerns; he already has people crossing his property illegally; that a fence is not a deterrent to trespass; that he FINDINGS OF FACT & CONCLUSIONS OF LAW Page 3 REB IRREVOCABLE TRUST - VARIANCE FROM 11-2-410, SET BACK questions the type of project proposed and is opposed to allowing the variance until the Applicant states what kind of plan they have to build at the site. 11. That Hal DeGrange submitted testimony regarding his concerns with security and loitering; that he is opposed to this variance. 12. That there are, in fact, power line easements on lots 2 and 3, of Block 1, of The Corner at Vineyards; that the easement on Lot 3 is the easterly 7.5 feet of the lot and the easement on Lot 2 is the west 7.5 feet of the lot. 13. That Section 11-9-605 of the Subdivision and Development states in part as follows: "A MINIMUM DESIGN STANDARDS REQUIRED All plats submitted pursuant to the provisions of this Ordinance, and all subdivisions, improvements and facilities done, constructed or made in accordance with said provisions shall comply with the minimum design standards set forth hereinafter in this Article; provided, however, that any higher standards adopted by any Highway District, State Highway Department or Health Agency shall prevail over those set forth herein. D EASEMENTS Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines when deemed necessary; total easement width shall not be less than ten feet (10'). Unobstructed drainage way easements shall be provided as required by the Council. F LOTS Lots shall conform to the following: • Pa e 4 FINDINGS OF FACT & CONCLUSIONS OF LAW 9 REB IRREVOCABLE TRUST - VARIANCE FROM 11-2-410, SET BACK 4. Zero Lot-Line Building Lots - a. Yard Setbacks: In no case shall a zero lot line be allowed adjacent to a property line which is noA part of the development application. minimum distance of ten feet (10') shall be maintained between buildings or potential buildings on separate lots." 14. That no other comments regarding the variance were received. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City 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. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Zoning Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provision of Section 11-2-419 A, of the Zoning Ordinance is noted which is pertinent to the FINDINGS OF FACT & CONCLUSIONS OF LAW Page 5 REB IRREVOCABLE TRUST - VARIANCE FROM 11-2-410, SET BACK Application: 11-2-419 A. "The Council may authorize in specific cases a variance from the terms of this Ordinance or from the Subdivision and Development Ordinances as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. No non-conforming use of neighboring lands, structures or buildings in the same district and no permitted or non-conforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall be granted only where strict application of the provisions of this Ordinance would result in unnecessary hardship. A variance application does not go to the Commission unless directed by the Council." 6. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: 11-2-419 C. FINDINGS A variance shall not be granted unless (as a result of a public hearing) 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: 1. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; 2. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, other physical conditions or other conditions which are not self- inflicted, or that these conditions will result in inhibiting the achievements or the objectives of this Ordinance; 3. That the granting of the specified variance FINDINGS OF FACT & CONCLUSIONS OF LAW Page 6 REB IRREVOCABLE TRUST - VARIANCE FROM 11-2-410, SET BACK will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; 4. That such variance will not have the effect of altering the interest and purpose of this Ordinance and the Meridian Comprehensive Plan a 8. That regarding Section 11-2-419 C 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 applicable ordinances would clearly be unreasonable as far as the set back requirement on the east side of lot 3 and the west side of lot 5, since those lots are adjacent to the border property that is not owned by the Applicant and City Ordinances require that in no case shall a zero lot line be allowed adjacent to a property line which is not part of the development application. In regards to the variance of the set back requirements in relation to the lot lines between lots 3 and 4 and 4 and 5, if the Applicant constructs one building on all three lots, the set back is not required since the building would cover all of the property and there is no necessity for the set back. The City has granted such variances in the past. If there are individual buildings on the lots, the set back requirement would have to be met. b. That strict compliance with the. set back requirement of ten feet would not result in extraordinary hardship to the Applicant as a result of factors not self-inflicted, since the ordinance requirements were in effect at the time the Applicant purchased the property and the Applicant could have learned of the requirement, if it did not know. However, in regard to the set back requirement between lots 3 and 4 and between lots 4 and 5, as stated above, there is no necessity for the requirement if one building will be constructed on all three lots. c. That the granting of the specified variance for the lot lines between lots 2 and 3 and the west lot line of lot 5, would be detrimental to the public's welfare or injurious to other property in the area in which the property is situated. FINDINGS OF FACT & CONCLUSIONS OF LAW Page 7 REB IRREVOCABLE TRUST - VARIANCE FROM 11-2-410, SET BACK d. That such variance would have the effect of altering the interests and purposes of the set back Ordinance or the Meridian Comprehensive Plan as pertains to the lot line between lots 2 and 3 and the lot line on the west side of lot 5. 9. That it is concluded that the Application for variance should be denied as pertains to the lot lines between lots 2-and three and the west lot line of lot 5; that the variance of the set back requirement as relates to the lot line between lots 3 and 4 and -the lot line between lots 4 and 5, should be granted if one building is built which totally covers the lot lines between lots 3, 4 and 5; that the variance of the set back requirement should be granted if one building is built which covers the lot line between lots 3 and 4 and one building is built which covers the lot line between lots 4 and 5; that the variance should not be granted where there are individual buildings built on each of the three lots, lots 3, 4 and 5. 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) VOTED VOTED VOTED VOTED VOTED APPROVED• DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW Page 8 REB IRREVOCABLE TRUST - VARIANCE FROM 11-2-410, SET BACK ,y ~ a DECISION The variance is denied or granted depending on the circumstances as set forth in Conclusion Number 9 of the above Conclusions of Law; that Applicant shall record a document, which document shows approval of the document by the City and which reflects the above decision; this recording to inform all eventual owners of any of the three lots of this decision; that no building permit, or permits, shall be issued until plans for construction which show compliance with this decision have been approved by the City Building Inspector and the Applicant has supplied to the City the required recorded document. APPROVED: DENIED: FINDINGS OF FACT & CONCLUSIONS OF LAW Page 9 REB IRREVOCABLE TRUST - VARIANCE FROM 11-2-410, SET BACK C~'I~~G GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary January 11, 1995 TO: REB P.O. BOX 464 NAMPA ID 83653 FROM: Karen Gallagher, t Development Servi SUBJECT: MERIDIAN V - CHERRY LANE W/O CINDER VINEYARDS Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on January 11, 1995. 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 CITY OF MERIDIAN ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 O~fi°C GLENN J. RHODES, President SHERRY R. HUGER, Vice President JAMES E. BRUCE, Secretary TO: ACHD Commission INTER-DEPARTMENT CORRESPONDENCE REB.VAR/DSTECH 01--11-95 DATE: January 6, 1995 FROM: SUBJECT: Development Services Variance Cherry Lane w/o Linder Road Vineyards (Applicant -- REB, P.O. Box 464, Nampa, ID 83653) (Representative - same) FACTS & FINDINGS• 1. The applicant is requesting approval of a variance from the interior side set back standards of the City of Meridian. This will allow a proposed building to overlap interior lot lines. The site is on the. south side of Cherry Lane west of Linder; Vineyard Subdivision, Block 1, Lots 3, 4, and 5. 2. GENERAL INFORMATION: LEAD AGENCY - City of Meridian ACRES - 2 ZONING - Commercial - C-N TRAFFIC ANALYSIS ZONE - 272 L.F. OF FRONTAGE. ON Cherry Lane - 358 MOST RECENT TRAFFIC COUNTS - Date 11/08/93 Volume 11,580 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Route EXISTING RIGHT-OF-WAY - 80-feet REQUIRED RIGHT-OF-WAY - no additional right-of-way required Cherry Lane- is improved with. a 61-foot street section with 5-foot sidewalks on the south side. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. Lots 1 through 5 were approved with two access points to Cher- ry Lane and a shared access along the south property Line. Lots 1 and 2 have been developed and share an access. The ado county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 Variance Cherry Lane w/o Linder Road January 6, 1995 Page 3 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 JAN 11 1995 PLAT OF THE CORNER AT VINEYARDS A ~MZDId! W llt N[ 1/4 ~ 71i ME t/~. SftC>t01 if ' L9i. RfIL, t.LL. 1QlIOM4 AOA fdlflx Wlq ' ~8~2 •A 27 0 !0 100 790 9G1[Jl RR 'CUMD D/f' Im11R •a17O16lt OIOtllT tA/t ~ ~( ~~ V/~ (~K~ORRRY WR ' T ' ~ ~ ~ ~ _ N N 3T j _ _ 2 I 1 s ss~srs~•~bf~ ~r~ ~ 1/ u ~ s ~ !t• pr ~ 2~t.r! ~ s N *~' ~ j.E~2aw1 s.f AMYrYw e~ .~ r r ^ -_--~ __.-- -~~ sar sr r stale ~ , ~~ ,_~~ _ _ _ _ !. B rwr r~ e~ ' _ ~ ~. I : Sd •/1'a 70' 14wr •Ap wr11• Cm a ~ fa• :r «...w, .~. ~. ~ i ~ I ~k I s ~~ ~ _ _ E.ww.K ~» ~ o ~ 1,18 S n 1~ 4 ~¢ 3 i ~WptZt = MA~ .jf~l+•"` t }- _ ~L.I 3j Z R ~ =1$ g ~.oac , ~ ~ M 7, g ' NON7N OA7[ ' M aJ N ~ ' b - _ - •I O~Q MAY VIYIt - • k n owMUS.fwra, ~ k ~ '0 0'~33'M N Q'3J {T rr ONL00 ~ nrn~ =•ae >aw ra iaa a.sw • s a uNr~wrim i t. Y YY w •w~7 ~~~ • w11ww1 ~w In AY•_~... •I~a MIr rr ~~ ~ I HUB OF TREASURE VALLEY 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 Chiet WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. K[NGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning TO: Mayor and Council . ~~ S FROM: L. files, rlamm~~ ~ Zomn~ Administrator DATE: January 13, 1995 SUBJECT: Request for Variance to Sideyard Setback Requirements by REB Irrevocable Trust Applicant has requested variance to allow zero-lot-line development on contiguous parcels under one ownership. I recommend that the variance be granted for the lot lines between Lots 4 and 5 and Lots- 3 and 4 only. Applicant should maintain 10' sideyard setback on the east lot line of Lot 3 and west lot line of Lot 5. MERIDIAN CITY COUNCIL MEETING: JANUARY 17 1995 APPLICANT: REB IRREVOCABLE TRUST ITEM NUMBER; 18 REQUEST; REQUEST FOR A VARIANCE FROM THE TEN FOOT INTERIOR SET-BACK TO ALLOW O P AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: COMMENTS FORTHCOMING CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: 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: HUB OF TREASURE VALLEY 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 GRANT P. KINGSFORD Mayor COUNCIL MEMBEFS RONALD R. TOLSA!A MAk YERRINGTCV ROBERT D. CCP.?~E WALT W. MORRCL: SHARI STILES Planner 8 Zoning Atlm~mstr_-~~ JIM JOHNSON Chairman ~ Plannings ~_c-"; TRANSMITTAL TO AGENCIES FOR COMMENTS ONE LOPMENT PROJECTS WITH THE CITY OF MERID 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: January 10 1994 HEARING DATE: 1/17195 TRANSMITTAL DATE: 12/27/94 REQUEST: Variance re uest BY: REB Irrevocable Trust LOCATION OF PROPERTY OR PROJECT: Lots 3 4 and 5 of Block 1 in Vine ards_Subdivision ----ate-:- A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 88811433 • FAX (208) 88711813 Public Works/Building Department (208) 887-2211 MOE ALIDJANI, P/Z JIM SHEARER, P2 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 --~..~.....- - x , .~ -_ - MERIDIAN POST OFFI~CE(PRELIM $~FiNA;t 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 8~ FINAL PLAT) BUREAU OF RE TION(PRE 8~ FINA T1 CITY FILES OTHER: YOUR CONCISE REMA S: ~ ~ ~,~~~~ r~lr~ ERIDIAN HUB OF TREASURE VALLEY MBERS COUNCIL ME S A GOOCI PIaCe t0 L1VC RONALD R. TOLSMA TON OFFICIAL WILLIAM G. BERG, JR., City Clerk TY OF MERIDIAN MAX YERRING ROBERT D CORRIE WALT W. MORRO~'J JANICE L. GASS. City Treasurer CI SHARI STILES GARY D. SMITH, P.E. City Engineer BRUCE D. STUART. Water Works Supt. 33 EAST IDAHO Planner & Zon~n9 Administra:c~ JOHN T. SHAWCROFT, Waste Water Supt. MERIDIAN, IDAHO 83642 ^^ O n KENNY W. BOWERS, Fire Chief "BILL" GORDON. Police Chiei L phone (208) 888433 • FAX (208) 887.4813 anning 3 zon~ Pl Chairma W. . WAYNE G. CROOKSTON. JR., Attorney public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ONDEVELOPMENT PROJECTS WITH THE CITY OF MERID 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: January 10 1994 TRANSMITTAL DATE: 1"27/94 HEARING DATE: 1/17/95 REQUEST: Variance re uest BY: R rrevoca le T st LOCATION OF PROPERTY OR PROJECT: Lots 3 4 and 5 of Block 1 in V'ne ards division __ ~_. _a_ .~_ _. _ . ~ _ _~~ ~. _ ~ _ _ -._ ~~~d4ERl~3lA#J HADI DISTRiC - _ ~._ -- ~._ --- _ - - - POST OFFICE(PRELIM 8~ FINAL PLA MOE ALIDJANI, P/Z MERIDIAN ADA COUNTY HIGHWAY DISTRICT JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P2 CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT GRANT KINGSFORD, MAYOR SETTLERS IRRIGATION DISTRICT RONALD TOLSMA, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) BOB CORRIE, C/C WEST(PRELIM 8~ FINAL PLAT) S U WALT MORROW, C/C . . INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) MAX YERRINGTON, C/C REAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) WATER DEPARTMENT SEWER DEPARTMENT BU CITY FILES l ~1 _ a °, ` G~ y d BUILDING DEPARTMENT OTHER: YOUR CONCISE REMARKS: FIRE DEPARTMENT POLICE DEPARTMENT fir`, , ~_~~ ~ KE ~~ ~c, - ~ t.e CITY ATTORNEY d ;y ,t},e ' ~ - ~ b "`~" W CITY ENGINEER CITY PLANNER •T~i.~-.- e c.+.3 : [.`- ~`r- -sz Fc~r l~c%~-~- C ~ iJ ..~ ,J W iii ~ /~~~ G~~~~ CENTRAL •• DISTRICT HEALTH DEPARTMENT Rezone # Conditional Use # Preliminary /Final /Short Plat REVIEW SHEET Environmental Health Division Return to: _ ^ Boise ,_~ .. , _ .. .. ^ Eagle ^ Garden city .J .d :: r _. ..... _ ... . s Meridian ^ Kuna ^ Acz ~~..rnvs ~d,S ~ o.J ^ 1. 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. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth o ^ 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: __ -- __ __ _ ^ 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. ^ I o. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I I . 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. ~/~ ffrn/~ O OJ, t=Gv'7~,~ ~ Date: ~~ .~ Reviewed By: rJ-j"'~/fc:~ ~9itC Si :~i"~7 G.~ fi~~ ,e ~'J!tr~A~z~7G_~/% [DHD 10/91 rcb, rev. I I CcNTRr1L ~~ ~ DISTRICT • ~ ~~ ~~\ ~~ ~ • • 7 N. ARMlSiRCNG ?t, • BOISc. !0.83104 •(2081315-5211 • FAX: 321~.,~ ~= DEPARTMENT - MA~NOFFiCc 70 To present and treat disease and disability; to promote healthy lifestyles: and to protect and promote the health and quality of our erarirorurlenL STORMWATER MANAGEMENT RECO1!~`iDATIONS We recommend that the first one half inch of storawater be pretreated through a grassy Swale prior to discharge to the subsur~ace to prevent impact to groundwater and sur~ace water quality. The engineers and architec*..s involved with the design of this project should obtain current best management practices for starawater disposal and design a storawater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) STORMWATER rIANAGEMEN'r MANUAL' FOR THE PQGET SOUND, State of Washington Department of Ecology, February 1892 2) ADA COUNTY HIGRWAY DISTRICT GiJIDELINES FOR STORMWATER AND SITE DRAINAGc^. MANAGr~NT 3) ['AT,Tr ORNIA BEST MANAGzMENT PRACTI~ HANDBOOK ' Prepared by Camp Dresser and McBee, Larry Walker Assoc. , Uribe __ _ _.and. Assoc..,. Resources. Planning Assoc., for the Stormwater , Quality Task Forces 4) URBAN STORM DRAIlIAGE C7~,STERIA MANUAL ~ra11~:: _3:..n Be~t_ Management Practices ~ ,.~ _-- -- Storawater Quality IIrban Drainage and Flood Control District, Denver, Colorado . ~ 9 y~j~ F.Itnar+G Boise. and Ada Cauntin YdMgCaur/Q~s ACa!ldsCaseyGtBa WK3a~-M~ l~moc~C~OSu ~ P.0.8a:1e~ „ Y.Amsaa~gEL itAbRco~rs 57DEaCt~K ManrcTHocne.~. 190SCn5treerE McC:.ip.E36:a 9cxie.10..83704 8oee.D. " `~ a~6d7Rt587•trdl Mo~ntrs~Hotne.~. FR611.1151 Ernna}ieoQeel7=,d09 Lf,a ~,1705Rt?3d. ,~7RL" -4s'~S icsaY P~nc- ~ 7.~ 3?a tiAen6csi.lD. trma~ttz.'I77C5D 836d2R1.880~d525 N~tdiort'..1J•74d0 .Vtiv::Tl-;~ HUB OF TREASURE VALLEY MBERS COUNCIL ME OFFICIALS A Good Place to Live RONALD R. TOLSMA MAX YERRINGTON WILLIAM G. BERG. JR.. City Clerk City Treasurer GASS ANICE L CITY OF MERIDIAN WALT W. MORROLN , . J GARY D. SMITH, P.E. City Engineer SHARI STILES BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO Planner 8 Zoning Administra;cr JOHN T. SHAWCROFT. Waste Water Supt. KENNY W. BOWERS. Fire Chief MERIDIAN, IDAHO 83642 JIM JOHNSON Chairman -Planning 8 Zonin_ W.L. "BILL" GORDON. Police Chief phone (208) 888-4433 ~ FAX (208) 8874813 WAYNE G. CROOKSTON. JR., Attorney public Works/Building Department (208) 887-2211 r~a'~i~° ~~C°~~D GRANT P. KINGSFORD Mayor ~ ~ ~ ~ ~ ~Q~`~ NAMPA & M ~~I~~,,1, UJECTS TRANSMITTAL TO AGENCIES FOR COMMENTS ON Dd~l$~'~~~`I'I~t ~ WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the IVleridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 10 1994 TRANSMITTAL DATE: 12/27/94 HEARING DATE: 1/17195 REQUEST: Varia ce re uest BY: RE Irrevoca le Trust LOCATION OF PROPERTY OR PROJECT: Lots 3 4 and 5 of Block 1 in ine ards ubdivision JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 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 ER . ___ _ - _. 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 8 FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE RE11fLgRKS~ampa & Meridian Irrigation District has no comment on the variance request by REB Irrevocable Trust. CITY PLANN Bill Henson, Assistant Water Su erintendent Nam a & Meridian Irri at ion District :..., :,., ~--.-- .- Y - -- ,,, •, .~ ,, ~ , I ~ ,., ,, ., INTER-DEPARTMENT CORRESPONDENCE GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary TO: ACRD Commission REB.VAR/DSTECH 01--11-95 DATE: January 6, 1995 FROM: Development Services SUBJECT: Variance Cherry Lane w/o (Applicant •- REB, P.O. Box (Representative - same) Linder Road Vineyards 464, Nampa, ID 83653) PRELIMINARY REPORT - NOT FINAL UNTIL APPROVED BY THE ACRD COMMISSION FACTS & FINDINGS: 1. The applicant is requesting approval of a variance from the interior side set back standards of the City of Meridian. This will allow a proposed building to overlap interior lot lines. The site is on the south side of Cherry Lane west of Linder; Vineyard Subdivision, Block 1, Lots 3, 4, and 5. 2. GENERAL INFORMATION: LEAD AGENCY - City of Meridian ACRES - 2 ZONING - Commercial - C-N TRAFFIC ANALYSIS ZONE - 272 L.F. OF FRONTAGE ON Cherry Lane - 358 MOST RECENT TRAFFIC COUNTS - Date 11/08/93 Volume 11,580 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Route EXISTING RIGHT-OF-WAY - 80-feet REQUIRED RIGHT-OF-WAY - no additional right-of-way required Cherry Lane is improved with a 61-foot street section with 5-foot sidewalks on the south side. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. Lots 1 through 5 were approved with two access points to Cher- ry Lane and a shared access along the south property line. Lots 1 and 2 have been developed and share an access. The ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 'variance Cherry Lane w/o Linder Road January 6, 1995 Page 3 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 ~ __ ... PLAT OF THE CORNER AT VINEYARDS A SUldM90N VI iMf NE 1/4 ~ t7t NE t/4, SLC11d1 11 T.7N.. R11L l.1L. IIFJIOUW. ADA CCIMT4 OM10 1992 x ze o so ioo ,eo ~.~ RsT uN~uTttm M~rot i~ aM K • a4 (ims~7ts a Y ' 2 ~ t c~noauu ooar uu+[ v ST ar w isftS N s9 _ - - ~~ ~s . f -- - - tt t2 L EGaD s etr b' sr f atao.u \ ~ r,.~`' S lT St• 0 ' $ ~~.~ ~ a rwr -.M. s.~ Aw.~...~ c.... r •°° ~ 7 f ~St,ss ' 1! ~ w •~ t:a0 r S eP 47 f 210. C b,. B . -f - - - `- ~ - - - - ~~ ~ - •_• - -':~ - ~~ - ~ F • I Sd !/1'n ]0' Ras ~ /M~Yt Cm ~ S~! t/2'n 2•' MOs ~ /1a~1b Cm I ( ~ _~_-~rLw~ ' ~ ( 99 n 3 ~ ~ _-~ ~~6Yr A! a ~ ~ u ~ MAd~ ~.1 _ ~ ; I ~'sk gf,41* ~ R W h1 8 S 4 } ~ 2 t I ~ _ b ~ f ~ A~ ~ 0 e ~ ~ j 'c 8 ~ ~~i t I n ~~ „ H ~ iOll . ~ -~ s ~ 2Tf --- -- -- ---- - ---- s.oo ------ x -- ~. ~,,,,,~ '°'°"'"'°° ".~'' ~ A ~~ se ss' w r x try' sr w saaoo . uu-~wrfm ,~~~ _ Oyu •u~~ wr ~w• HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place to Live RiiNALO R. TOLSMA WILLIAMG.BERG,JR.,CityClerk JANICE L GASS, City Treasurer CITY OF MERIDIAN MAXYERRINGTON ROBERT D. COP.RIE MORROW T W GARY D. SMITH, P.E. City Engineer . WAL BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES r i i t t JOHN T. SHAWCROFT, Waste Water Supt. ra n o s F' inner 3 Zoning Adm KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 JIM JOHNSON W.L. "BILL" GORDON, Police Chief Phone (208) 888-4433 • FAX (208) 887813 C-:air'an ~ Planning ra zoning WAYNE G. CROOKSTON, JR., Attorney 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: January 10 1994 TRANSMITTAL DATE: 12/27/94 HEARING DATE: 1/17195 REQUEST: Variance request BY: REB Irrevocable Trust LOCATION OF PROPERTY OR PROJECT: Lots 3 4, and 5 of Block 1 in Vineyards Subdivision 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 8r, FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ~7ARiANCL--_ AP LIGATION (RE: Meridian Zoning Ordinance) !`~ ~ 13 D K~ ~~o ~,/ ~ J~~ ~T/u S 7~ NAME: ~n~ ~ ~ ~ B ~~uJN (Owner or holder of valid option) ADDRESS: GENERAL LOCATION: l% ~L2~ ~ ~u~ ~:Dd~- y6 ~ _ yoo a Phone: ~D/~ ~~3 ' 1,~Y~ ~, 0, ~oaC 316 S~ lrl~ ~a ~ ~ ~o ~36.r~ ~ - ~ ties ~- LEGAL DESCRIPTION OF PROPERTY: ---- -- ~~ u~ r~ ,4u~S, ,C rya/ ~-~~~ti~ - - PROOF O O~TN'ERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: ~ `~ /C~ VICINITY SKETCH: A vicinity map and/or site plan 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 OwNF.RS: A list of all property owners and addresses within, contiguous to, directly across the street from, and within a 300' radius of the parcel(s) proposed for a variance must be attached. (This information is available from the County Assessor.) DESCRIPTION OF PROPOSED VARIANCE:~~~ ~K~ ~ ~/o ~.,., ~ Al I J b IO ~ ~i~Uz ~~~.~ ID --___, ~~t; ._~ - SIGNAT'UREI ~ ~= _ ~ _ ~- _J CITY COUNCIL RECORDS Date Received Cif Co~ncii Hearing Date Received by NOU 15 '94 09 25 FR CITY OF MERIDIf~I 208 887 4813 70 18016288139 P.02i03 APPLICATION AND STANDARDS FOR VARIANCES the Council unless and until A variance from the terms of this Ordinance shad not bo ~~ for and the Council. Provide a written application for a variance is submitted to the Administra a written narrative containing, where applicable, the following outlined information. ~e ~a C,1-eve, Wtt ~- o ~ L..u~~ie 1. Address of subject property. ~ ~~ y,~,eevec.~6/~ ~-r~rf 2, Name, address and phone number of applicant. I.U . ~ o t3 ~O,Po w, J ,/ ~~b-s~ 3, Name, address and phone number of owners of subject property. "~ ~~_~oo ~ • °~i- b~3-~Jy 4, Proof of ownership or valid option on the property or a contact interest therein with consent of the titled owner. Ste ~¢. (~~e~i ed Du ~ e ~ /OGk 11 ~~~ 5. Legal description of subject property. ~ o~Q NGK~ ~A-~ ~~~ 5 Frk~lr 6, Present use of subject property. ~/AG a N f . 7. What is intended to be done on or with the property. -,17 ~ 9 kPd or ~~ A_ The district that pertains to the subject property- ~ e~ ~,,~,v G -~ ~. Vicinity map at a scale approved by the Counctl showing property hnes~ e~p ~g t~eels> proposed district and such other items as may be required. $e~ i4• r 10. Schematic building plans which indicate typical elevation and floor plan of any proposed consttuction_ •A10 f A-~ P l~ o ~ 6/e 11. A list of the mailingaddresses of all properly owners (from sutheauc tax records of Ada County) within three hundred feet (300') of the external boundaries of the land being considered and a listing of the mailing addresses °~ all property owners wrthm the area of the land being considered. 5'CG A-f~~cG~ 12. Characteristics ofsubject property which Prevent compl~ ce with the requirements of this .~ ~~ .eK use a k Ordinanec_ _ lo' side 1e ~-- ~ c k ~ s 5~n.~ o ~ ~' 13. Minimum requirements o~this Ordinance that need to be reduced to permit proposed use. 14. Difficulty or hardship which would result if requirements of this Ordinance were applied to subject property..C, ~~~ -~ y r ~ ~ ;tau s ~,v«s a HcQ G n-~ ~ ~"•' ~c ~ ~' ~ ~-e NoK - Sow •f-G. oP~°~ dc-wa y s 15. Unusual or peculiar circumstances which indicate that regulations of this Ordinance shoal not be strictly complied with- our ~ ~ e~ c O ~ ~'o~ ~ ee~'a ~ ~' r°~`" ~ ~ 6 ~ ~~ ~l l o ~.~ ~s aa~ P~ ~ e~ K ~ f `~'~~ liar to the land, 16. Statement that special conditions and circumstances exist which are pecu strucpue or buildings involved which are not applicable to other leads, sdvctur~ s or buildings in the same district. ,Q /~.~a~ ads A-o~K7L `fo G 0~~7~ t~GC ia~ ~vo Pew ~~ a.S~ Se>`- 6~~1C ~eSu ({3 /,V uJ~s~~ -O ~r°~~"'~q o.k~ /~M~ ~ uS~~ d ~- t~V 15 '94 09 26 FR CITY OF MERIDIRN 208 f~7 4813 TO 18016288139 P.03i03 17. Statement that a literal interpretation of the provisions of this Ordinance shall deprive the applicant of rights commonly enjoyed by outer properties in the same district under terms of this Ordinance. S~ ~ ~ i6 18. Statement that apecial conditions or circumstances exist that wed n~~ r~o/dr Q S applicant's actio% ~ ~ 9' ua (P /o~Ce~ ~..~ s~ f,u~<f l9. Statement that granting the variance requested shall not confer on the applicant any special privilege that is denied by this Ordinance W other lands, stru ~ ~~ N ~~°gs in the same district. ~ ~ ~~ ~~^~~ ~'~ Il c l v~ r s Sli 6S << 20. Relationship of the propos~ variance ~ the Meridian C mpreh ive/J~lan. - ~(louJ GoKr/NgeOut Y~14N/~t~ Q%~dG~a~.,atn.! 21. A fee established by the Council - ($250.00 + $1.29 for each certified mailing to be sent =Total Fee) /S,Y / . ~! 2 ~~ 22. A statement of how the granting of the variance would convenience the applicant and how the applicant would profit therefrom, which statement shall also represent whether profit and ~enienc~~s the solel~,Teason vfhy, the variance is requested..4l~o~J b~s~ uS-~ / CK P ~I~ G l ~ f'R~~~ Y- Ia ~ 23. The property will be posted 1 week before the hearing stating that the Applicant has applied for a Variance. There must be a signed affidavit that this has been done as part of the application. y ~,%/ ~r~K~ 6~ per ~~ ~ ~~- ~- ~ ~ -{- +~Q~N I a~0 $~ 9iv wrl/ ~~ ~oS f~~P 9~ 7~ ~ ~ r~~`K ~ ma,e w¢~ k Q W. ROY BROWN 0309 '' P.O. BOX 464 20&467-2000 NAMPA, ID 83653 ~19L1U 9 2-111 24 1, ~~ PA TO THE ORDER OF ~ ~ AI $~? 3 >? ~ _ L ~ S~ / : ~Y7~ O ~ i 1 e "- C DOLLAR S ~~a~~ M/~/CT~~j~• We,1 One Ranh Idaho „a~a.7 V L ~ y TnelRh Avenue OII'~ce i-IAIl9 Y O IL.x IAA . . p ,~ 7~ BANK Namp IU AlA5! I AIXI YYI 5511 - - - FOR ~~ ~:124i00019~:1 100 3900 2 3 5 3u' 0309 t~....m.._- - -- ~~~n-~ ** TOTAL PAGE.03 ** P-134257 JB/HH .. .~__... .... _. _ .. ._...._-~.._. ... __ : SPAta•: AKr>VC l~C)!t KGt'ORpING ItKCA ~- . CORRECTION WARRANTY DEED (CORPORATE FORM) MAX A. BOESIGER, INC . , AN IDAHO CORPORATION , a rnrpnru; inn r,rganiietl and existing under the laws of the State of lduhu, with itr• pri,tcipul nl'lic:c at 2447 S . Vista Avenue Boise of County of Ada . Slate rtl' Idaho, grantor. hcrchy C'nNVP.YS nr GRANTS and WARRAN't'S'I'C) REB IRREVOCABLE TRUST of P.O. Box 464, Nampa, ID 83ti53 grunte;:(s) Cur the .um of THE AOLLARS ANA 01'HER GOOA AND VALUABLE CONS IUERATION 1)()t .! .A tt ~. thc~l'c,~lt)~t~n~; dz5cribc.d tract(s) of land in Ada..... _. .. ._ . _ ..._ _,.___. _County. SI:-lc of Idaho: THE EAST 62, 18 FEET OF LOT 3' IN ~LOCIC 1 of THE COkNER nT VINL'YARDS, AS rtF;nsvtt~D ~ ALONG THE. SOUTH LINE, ACCORAING TO THE PLAT THEREOF, 1~ILEp IN DOOK 60 OF PLATS ;: A'1' PAGES 5876 AND 5$77, 1tECORDS OF ADA COUNTY, IDAHO. _...- This Correction Deed being recorded to correct the J.egal deac:ription on that certain Warranty need dated November 7, 1994 and recorded November 9, 1994 as Instrument No, 94099630, Ada County, Idaho. L.ucatictn of above dcscribul property_ . -- -._. .. _-- -. -• •-- -.- House Nn. Sttcct Thy nftiri~rc who ~i~*n tlti~ deed hereby certify taut this; deed and the trunalcr rt:prcKCntcd hcn:by pre ;,cuh~:ri~crJ uudca a resolution !ldopted lsy the hoard oP dil•ecto,:~ ol'thc l;rantor at ., lawful mecaing heh! ;utlt attcrulect by a yuuruu,. In witness wht:renf, the grantor has caused itx corporate Hume trod seal lu hc: hereunto uflixcd by its duly authorirad ofl~rcers lltis 28th cloy of November . A•~• 1`~ 94 MAX ~1,.._..BOESIG]aR. INC. _ ^,_„ _ _ (CURPURATis NAME) Ry: ~ .. ~ ..._ .... ,_ kICHARD BOESIGER, VICE-- PKFSII)EN'I' Agetil: ....._.__ "' SECRL'1'ARY STA'1'fi Or IDAHO ,County ul'_.. _ .Ada _ _.. ,, xs. nn this ._~ 2 th _ ___ day of November. . ,_ ._ ._, in the year of 1994 _ , -, hel~trc me JHANNETTE P1. GRiF'FIN ._.. _._.._ .. ,;, notary huhlic, pr:r~unutly up~cttrc:d'=- RICHARD BOESIGER _ _ .... ...; -_..... , knitwn t,r idenlifie:d to me to ttc the _, VICb: 1'RESIDIrl\'T ___ . ,. ._ _ __.._ .... nt the corporation lhut cxectttcd the intitrumcnt or the person who cxuc llcc! Ih instruntuu cm txhalf of said ~•~~ rr~ruir-n. ,rod acknuwlcd~cd to ntc that such corporation executzd the lama Notary 1'ublic:•, .. ~ 12or:idin~,;,l:. 30ISE. ID .,,~,,,.__,_ .._ My Comn,iss}(, Expires: 1 / 18 / 96_,___.. _ . .r_ ._.. . ~42571B/HH tirncF, nnirvt: ta3K Ktacr»ntrvc un•r,~ CORRECTION WARRANTY DEAD (CORPORATE FORM) MAX A. ~30ESIGER, YNC. , AN IDAHU CORPORATION , a cnrpc-ratum organizui anti c;xititing ttrnit:r the lawh of the State of Idaho, with ils principal ofli4c nt 2447 S. Vista Aventee, Boise ol• C'ounty of Ada .:+late of Idabu, gruttor, IZCreby CC)NV6YS or GIZANI'S and WARRANTS TO W. ROY BRUWN, A MARRIED AN AS HIS SOLE AND SEPERATF.~PRUYERTY ANU R1CIiARD A. BROWN, A :rIARRIF.D MAN AS HIS SOLE AND SEPERATE PROPIikTY ~rantcc:.ts} of t~.0. Box 464, Nampa, IA 83GS3 for Ihu cunt uC TEY DOLLARS AND OTHER GOOD AND VALUABLE CONSiDFRATIUN t;hc following; described tract(s) of land in Adg r~(~t.t.~xs. County, State ni' Idahn; LUTS 3, 4 AND 5 IN BLOCK 1 Off' THE C(IRNFR AT VTN1;:Y'AIZi)s, ACCOI2lltNC TO THE PLAT TH>i:>ror, F1.'LEll IN BOOK 6O OF PLATS AT PAGES 5876 ANU 5877, Rr.CU13llS OF ADA CUUNTY, T.AATiO. EXCEPT THE EAST 62.18 FEET OF LOT 3 TN BLUCK 1 AS MF.ASURLD ALnNC rlil': S(t1.ITH L1K>r_ 'I'h~lss Correction Deed being reeoxded to correct the legal description u~i Lhat ~ertnin Warrantq Dead dated November 7, 1994 and recorded November 8, 1994 as Instrument No. 94U99631 records of Ada County, Idaho Location of ~ibuve dc,cribed property -- -- - .._.. .. _._. -- -- -- -- Hc~utie- No. Street 'I'hc o!'licrrs whn si~tt this deed hereby certify thsu this dicii and thr u.ui~fcr t'~prc~cnt~d hereby are autharir~d ~nutar a res~~lution adopted by the hoard of directors of the granter <tt a ]awful Illt!L'tini', hL'Ifi ttnd attended try n ~lu~trum. in wilnc„ whCrcaf, the grrc~uoi tuiv cau+ud i-s cc}rlwrate nan~c~ and seal to tic hCreurna al'fixcct by its defy :tuihctrtxcd officers this 28th day cif November , A.ll. !~~ 94 _ MAX A. >ius5lGl~K, - ZNC___ _._..._ ...._ (C()R1'C)RA'1't~ NAA•9Fi RrCHARD BOESICFR, VICE-- ~REStt)IiN"I' Aucrt.: STATE Cat' .. IDAHO ,County of .Ada .._ ... ...._--• -, ss. SL'C:1tLTAitY On thin; 28th ,day of November , in the yc::tr of ._...149.4__, . , . , - , hrfc~rr tttc JEANNI;TTE M. GRIFFIN __ __.... ... ._ _. .. , a notary public, Ix;t~anully urp~;arcd~_ RICHARD A. BOESIGI:R _ _ ._.._.._ . .. known ar identified u~ me to he the _ _ VICE PRESIDENT _ !~ __.- . _.-_..._. of the eorpctrution thus executed the instrument or the pc:rsun _ who t~xC.Ct cd tti instrument un tx;half oC said cnr{~ >raliutt, aneE ar.:knowlcdged tc) me that such cutPnr:uion executedi the same. - - Notary PuhGc. -• - Rasiclin~+,;il• BOISE., i'D _._.. ._. My Comntissic ';xpires:._,__1 / 18 / 96 ,_„ , i ~! ~. ~ ~ b •~, 'i_ _ _ ~', .. ~~: ,kz ~7.~~t:"z'I ~~1 r ./% ~ _ __ /~. ~~ ~~ x - y~~ ~["t7 r~~ ~ .~ ~'-~_ r~~~~~~ _1..~:ir_rl=.. ~1 ~ ~. mi ~1 t-J I.--1 ~ 1 a ..,...i ._ .~..~ ~~ ~~ ~u...t~ ~ ~~ WJ LLLL1_L111A.A.1.,~ ~ ~ ~ ~_ ~ ~ '~1 -~/ ~- - ~~ '~ ~ ~ .JJt ~ c ~ ... _ ~o ~'' - ~ _' '_ -- n~ O~ r 7. PLAT OF THE CORNER AT VINEYARDS A SVBOIV1510N IN THE NE 1/4 OF THE NE 1/4, SECTION 11 T.3N., RtW.. B.M.. MERIDIAN ADA COUNTY, IDAHO 1992 SO 25 O SO 100 150 SCALE.a FEET VNPLATTED FOUNO 5/8' R®AR V ~ ate( W. CHERRY LANE IN POT. POWT ON (BA95 OF BEARING) 2 I 1 CEN1FRt.INE CHERRY UNE _ N 89 33. 47 W 1896.51' _ - - - ~- ~ ''`---' - ~1T 72 ,LEGEND o ~r~ S 89' 33. 47_:1 OB.23 / f .o` S 83.51' 09' §' S x~"W ~ Inttl•I Polnt 5•t NumMum CcD on ZRT~ E 231.23 ~ / ~~ ~ Found Bros Cap sro S gg 47 E 240.18 - _ - - - - - - - - __ ~ ~ _ ~ -I qyt - - _tlnts ~ F I • 9•t S/8'z 30' R•bQ wRtt Paatie Co T S•1 1/Yz 24' RWv ~iN Plc+~c Cq .. ~ Boun•en' Un• ~ I h ~ a _ - - _ Easan•nt lln• 0 N I s ~ $ ~ ~' ~ ~psk s~~ . ^ ~ D ~ ~ ~ ~ k ~+ ytl~. S 4 3 2 ~ ~ =~g < n IM ~ n fn I 4 ~ ~ a j., BLOCK T NORTH CATC ~ I ~~ gV BDIN90N N = • I 10' ~ II ~ ZTE J ~ - - - - - - - - - - - - - - - - "' A' --- _ to ~ ' ' _ - - inzrrY _ im Noectis-cacss . eacsmxc ~,s i TNI.1 e, ~ 33 W 36 76 ~ n s nue t~xze ~ nze• ~ ` RS ~ t1 ,,. -~ 5 ~~ N 89' 33. 4Y W 598.00 VNPLATTED 5 23 ~' a ~ y iA7 ~ + 1'OR .,~ I t. Ae Iw an n..er ~•z m na+M a P.mmt.,t w.zot•~ P~.b..~. uml+ .v»t wwt. wwnw. ~..• ............~......... ~ ~~ tgi!