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Thunder Creek Subdivision VAR • HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A Good Place to Live WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA S W CITY OF MERIDIAN ROBERT D!CORR E GARY D. SM TH P.E. City Eng eer WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief " " MERIDIAN, IDAHO 83642 Planner & Zoning Administrator GORDON, Police Chief W.L. BILL JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 Chairman -Planning & Zoning Public Works/Building Department (208) 887-221 I 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: August 30, 1994 TRANSMITTAL DATE: 8/12/94 HEARING DATE: 9/6/94 REQUEST: 1/ariance request for Thunder Creek Subdivision BY:_ Farwest Developers LOCATION OF PROPERTY OR PROJECT: East of N Ten Mile Road between Pine Avenue and Chernr Lane 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, CIC _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 8t 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 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: 4 W` ~_ a ~LL ~~ Om oM a ya a p E a ~ ~~ o~ mm ~m ~O ~~~~o ~~ o ;w u m 4 O- m~ o ~q ~ ~> e' _~ ~ -_ H N H O .~ ,~ ~ 4 Q 3 a ~~$ ~~ =33 9~ X00 i~ i'~ _ 8 ~_ i~ ~ m ~ :: ~' 0 G ti W p, ~ ^ s ~ 4 '~~UU ~ 1000 9 a 0 a m m N m Q o; E ~~ z ~ o~ E~ ~Q N W W ~ W D y R C ~ r. ~~ €'~~ € ~~~~~ .F ~~~ ~~~~.~ ~~ ~q~ •~ ~~ ~.~~~ ~~ e ~~~ •Y ~~ .~E~~ ~_~ O ~ ~ ~~s ~ ~'~:~~° v .~~~ S~ ~~ ~ ~'~- ` ~ ~~~~ oA~~ ~ O ~$ ~~ LL ~•~~ ~ ~ ~~~ ~~.~~~$ ,' ~. F~ ~ ~ .° ~~ ~ y ~ >~~,' M m ~ ~ ~a ~ ~ ~° ~ ~ m~H ~ N ~ 4 c,D oO ~ ~ .~ ~ ~ ~ p ~ l ~~ ~~ S ~ ~ 1 CCC~~~~ ~ ~ ~ ~ ,` d r t'T i~ .' ~ ~ 1- ~ J ~ ~ ~ ~ ~ ~~ 3,~ ~ ~~ IL , ~q _ .~ ~i ~ ~~~~~J ~ ~S~ ~~ •O ~ ~ ~d~ '~a ~, ~~ ~~ ~~~ ~ ~~~ ~~,~ ~~ ~ ~~~va~- N I er1 oe .~ .` t O W a a 0 a h ~~ 00 d E 10 z~ ~~ d d oy ~ c d y E ~Q c ~ ~ s x a 4 'e V SS9bdX3 QNV '3S14NVHJZiBW bOd Jd1aJ~1 NNf1.L7a 'Q9IdI.LN9J "4'O'J '08Nl1SNI 'Q3~1HJ.SI~J9~! NOd $$61 '1~0 'LL8£ wick 3d ,.,,,.:.~.~..,~,,.,,,~~~..~, ,,awe,.~.u........~....®.......,...~. W~,.~,,..,.,.. ~,. ., ~.~~.e:,~.,~..,..".,.~,.~„ • • CITY OF MERIDIAN RECEIVER 33 E. IDAHO AVE. MAY 1 3 1994 MERIDIAN, IDAHO 83642 CITY ~r i~~K1iVi~j~i VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) NAME :Goldsmith Charter, 4450 W State St, Boise, ID 83703 . PHONE 208/338-9708 ADDRESS: 1180 North Ten Mile Road. Meridian, Idaho 83642 GENERAL LOCATION :East of N Ten Mile Rd between Pine Ave & Cherrv Ln LEGAL DESCRIPTION OF PROPERTY: See Attachment C PROOF OF OWNERSHIP OR VALID OPTION: A c.q,~r~our property deed or option agreement must be attached. ;,~ PRESENT ZONE CLASSIFICATION R-4 Residential tyistrie~t °f~--~ ;~,; ~ ,. VICINITY SKETCH: A vicinity map at a scale appr7Sit~ by the city showing property lines, streets existing and proposed zoning and other such 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: Requirement to pipe the Eight Mile Irrigafion Lateral as it adjoins the northeast border of the property in aruestion SIGNATURE• I CITY COUNCIL RECORDS Date Received .> " ~ 3 ' q y City Council Hearing Date Received By F APPLICATION AND STANDARDS FOR VARIANCES A variance from the terms of this Ordinance shall not be granted by the Council unless and until a written application for a variance is submitted to the Administrator and the Council containing, where applicable. 1. Address of subject Property: 1180 North Ten Mile Road, Meridian, Idaho 83642. 2. Name, address, and phone number of applicant: Roylance & Associates, P. A. 4619 Emerald Street, D-2 Boise, Idaho 83706 208/ 336-7390 3. Name, address, and phone number of owner(s) of subject property: Goldsmith Charter 4450 West State Street Boise, Idaho 83703 208/ 338-9708 4. Proof of ownership or valid option on the property or a contract interest therein with consent of the titled owner: See Attachment B. 5. Legal Description of subject property: See Attachment C. 6. Present use of subject property: Property is vacant. 7. What is intended to be done on or with the property: The property is the site of a proposed single-family residential subdivision under concurrentcnnsideration by the Meridian City Planning and Zoning Commission. Also refer to Attachment A 1. 8. The district that pertains to the subject property: The property is zoned R-4 Residential District. 9. Vicinity map at a scale approved by the Council showing property lines, existing streets, proposed district, and other such items as may be required: See Attachment D. 10. Schematic building plans which indicate typical elevation and floor plan of any proposed construction: See Attachment E. • 11. A list of all the mailing addresses of all property owners (from authentic tax re- cords of Ada County) within three hundred feet (300') of the external boundaries of the land being considered and a listing of the mailing addresses of all prop- erty owners within the area of the land being considered: See Attachment F. 12. Characteristics of subject property which prevent compliance with the require- ments of this Ordinance: Property is bordered to the northeast by a major open irrigation lateral which would require the installation of large-diameter pipe in order to cover the canal. 13. Minimum requirements of this Ordinance that need to be reduced to permit pro- posed use. Owner/developer requests that the requirements of Section 9-605 of the Meridian City Code be modified to allow providing for the public safety by the erection of suitable fencing along the Eight Mile Lateral. 14. Difficulty or hardship which would result if requirements of this Ordinance were applied to the subject property: Compliance with the provisions of Section 9-605 was not imposed upon previous similar developments located along the Eight Mile Irrigation Lateral. 15. Unusual or peculiar circumstances which indicate that regulations of this Ordi- nance should not be strictly complied with: The size of the bordering lateral would require the installation of minimum 48-inch diameter pipe would be required. It is the position of the applicant and owner/developer that more economical alternatives exist. 16. Statement that special conditions and circumstances exist which are particular to the land, structure, or buildings involved and which are not applicable to other lands, structures, or buildings in the same district: Refer to Attachment A 2. 17. Statement that a literal interpretation of the provisions of this Ordinance shall de- prive the applicant [property owner] of rights commonly enjoyed by other prop- erties in the same district under terms of this ordinance: Refer to Attachment A 3. 18. Statement that special conditions or circumstances exist that were not a result of the applicant's [property owner's] action. Refer to Attachment A 4. 19. Statement that granting the variance requested shall not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district: • • Refer to Attachment A 5. 20. Relationship of the proposed variance to the Meridian Comprehensive Plan: This variance request does not pose any detrimental impact to the fulfillment of the Meridian Comprehensive Plan. 21. A fee established by the Council: $ 250.00 + $ 1.29 for each certified mailing to be sent =Total Fee 22. The property will be posted 1 week before hearing stating that 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. • • REQUIREMENTS: VARIANCE Attach a site plan showing all details of the proposed development. Complete the following questions and return with the application. 1. What is intended to be done on or with the property? The property in question is the site of a proposed single-family residential development, Thunder Creek Subdivision. 2. What special conditions and circumstances exist which are peculiar to the lane, structure, of building involved and which are not applicable to other lands, structures, or buildings in the same district? The Eight Mile Irrigation Lateral is a major facility which borders the applicant's property to the northeast. This would require the installation of very large pipe (in excess of 48-inch diameter) in order to serve this section of the canal. 3. Why will a literal interpretation of the provisions of this ordinance deprive you of rights commonly enjoyed by other properties in the same district under the terms of this ordinance? A literal interpretation of Section 9-605 M of the Subdivision and Development Ordinance would deprive the applicant of an option practice by previous similar developments to use alternative methods of addressing public safety while avoiding the expense of piping a major irrigation lateral. 4. What special conditions or circumstances exist that were not a result of your actions? Previous municipal policy has not enforced compliance with Section 9-605 as it pertains to properties impacted by the Eight Mile Lateral. 5. Why will the granting of this Variance not confer on you any special privilege that is denied by this Ordinance to other lands, structures, or building in the same district? The applicant's request is strictly an extension of existing conditions which have had a significant impact upon development in this area of Meridian. Attachment A ° REAL ESTATE PURCHASE AND SALE AGREEMENT AND RECEIPT FOR EARNEST1MONEY THIS IS A LEGALL ING CONTRACT, READ THE ENTIRE DOCUMENT, INCLUDING TH ERALrPRINTEO PROVISIONS ON TH6 RBVBRBE BIDE AND ANY A ENTS, CAREFl~4LY, BEFORE SIGNING. IF YOU HAVE ANY OUE81~ CONSULT YOUR ATTORNEY EFORE SIGNING. . ,r, S IMPORTANT - AGEN Y DISCLOSURE. M eiprtkp this agreemem the spent workktp wnh Iles boyar rsprsawtMd__~rlC~rEiLi and the spate wodchp with Ow saner represerttsd .Each party aipNnp tltk dooumsa oortArme wdlkrt tikdatrre of agency was provided b It4rtltter h We treneecuort. Bch party b ttde transaction has read wyljtrtdrretands the ooraeras a the aaroaY dkobettre tMOdwn prayiouNli reaNed: ID# 2~a09 ,Idaho ,9~ 7 re ter cal u e o e , r sprees b es estate es y p known e c a county a , wane; legally es: 10 'R"n 1 FULL AND COMPLETE LEO SCRI I MUST INSERTED OR ACHED PRIOR TO EXECl1T Y SELLER. tNrsby r b over hie signature the correa legal descriptbn of Ole pretnicea tlnaYanebk al era titre a sipNnp, «b correct the heel desodplion prevbwly erttarsd p te.) 14 EARNEST MONEY. ~ ~~~ ~ 15 (a) 8 !.h ) lu as eameat motley a~ird~ ~ y rGit~t~e~rol dek.w..1s ($ .e•_) eviderwwd by: ^ Cash rel Check [~Caehiers C ^ Nob Due ^ « 17 (b) Earned Money b be depoeiled h least aocoura upon accepknce by ar parties be he ^Lk ~ 18 +« aw berrent a ors parWs hereto, and atteY (told are oornplasly executed brokers copy a ads agretn.m end h resporrolbk lathe dakrp. 20 (c)11 an conditions have been Brryar, Buyer and Seuw apres that ate esmest rraay (less credit rayon tees, and any other Buyer's cats) shah bs rel a Buyer 21 h are event Buy« «Seler Ole eels b ckarrtelances the cordrd. ~ 22 a C h rr e n `.I (d) The parties spree slat ao provide true p y/a(iVir commitment 23 and Ote'cbsktp agency" 1« tide Iraneactbn shah be . II a loop-term a ved, Olen escrow 24 holder shall be 25 3. TOTAL PUR A P I 2e Paya6ls a tows: pC+ / , yy-- ~--1 S _ t~'. n, eE9fifeat s e ~~' Ba a ate purchase prbe (M.I.P, not krduded). FINANCING. rna agreement is contirpent upon are Buyer securing the Iolbwktp,) I ^~p, ^ VA. ^ Conv, ^ OVA. ^ FmHA, ^ Au tion a azlaWtp loan(s). ^oNar. 31 ( ^ NEW FINANCING. PurMase loan balance as noted above I« a period a~a~re atlLy~er annum. (If FHA w VA ban k sought, road we applicable provisions 32 are reverse ewe hereol.) Buy« shall p no m«e than_~polnla plus oripinetbn lee II any. Seller b pay ~+~,the dieoounl points neaesery h order b obtain above 33 f ~ s«ibed Ilnenolnp but not to exceed ~poinls. Any reduclbn in points shall Iirst axrue to are beneUl of ab: LJ Buyer ^Seler ^ D /fequWy. 34 ~ (b) (] ASSUMPTION. Buyer to ASSUME and ^ win « ^wilt not.,Ip~g~~pquir~e~I b queNly 1« an EXISTING LOAN(S) of approximately $ 17~ 36 al rro more Uran__96 with tranihly payments a approxkrtalely $_Ll.~- kbUdlrrp P ^ T ^ I. 38 +Thls agreement ^ dose ^dae not requke Lender to rekese Sellers IiablUly. Type a ban ~/~$r~~ 37 Buyer shall apply for such loan or assumption within three (3) banking days after SNkr' o t apc~t.lL b 38 Il an appraisal k required under Buyers Ifnanchp conthrpency, premises ! a raise et 39 5. ER FIN G, TERMS AND/ R CO T NS: l ~ 40 _.. _ . - - - - ~ ~ _ .. . 41 ~ "' 43 44 SELLER'S RIGHT TO CONTINUE TO MARKET THE PREMISES AND ACCEPT OTHER OFFERS. This agreement provwes t« the senor to 45 continua b' market Ins premises and axepl oOr« ollero sub)ecl a Buyer's right b waive or remove the blbwhp conUrtpenoles. Arty waiver «ranaval a airy contingency es 48 eel IoNr h Paraprapby,B,vrW be Owaly« «rer(wval a all conUngenciee in Paragraph tl5. -,rte ~ 47 (a) ^ Cbsi of ~ LL Y~ cm or bef«e r ~ 48 Haled wl+h 48 Upon waiver « removal a ads contirtpency Buy« warrants Brat adequate lands needed b dose will be avetiabk and stet Buyer's abnily b sash Ikterahp k not 50 cordtbned upon sae nfl dstGpb•~ a any I>Y. s1 (b) ^ Other (epedy) '~ ~ 62 IF THIS AGREEMENT IS SUBJECT TO Seller's dpht b oonanue to market the premises end accept other oaero es apsdlled h Paragraph tl5, t3sne- shah haw the dptrt to 53 c«dirare b cite! the herein premises 1« sale and b accept aloe until suet Woe es said conanpertdes have been waived «removed by Buyer. Shotrd Saner receive 64 araarer acaplabk otter b pwdtaee, SeWr shat pHs Buy« alsrtdar days written notice of such afar. M Ow evert Ole Buys! does tat weWS «romove the 66 coniktperaiee h wrahp wiatirt ate 9ei celertder days noted above, Ban ads Agreement ettaU be terrNnated and en dapwik returned b Buyer less experrses kaurred to date 56 al terminsdon. h the eves ate Buyer does waNe or remove ate conatrpertcka, the Buyer shetl proceed b purchaw the premises order Ots rsmakdrtp farms and corditons 57 of thk apreemenl nolwiarstaruWrp stet aw terms a Ste craw slat may be rrare «less kvorable. Notice shall be rartNdersd given on Ore nadkr a eWler psnorwl delWery of 68 ralbe b eta Buys! w drat represenlaUve « Iwo calendar days Iclbwkg ate doe a maWnp evidenced by aNncanon a the patmatk on ate smebpe conkinlnp wch 68 notice. AU rrotbee shell be ears b Ole addresses shown on INS apreemea. ` 80. ITEMS SPECIFICALLY INCLUDED IN THIS SALE (u FFIA! VA Ilnarain9ls sought sea Item tl 17 on reveroa eves)'- ~ `~ at - 82 ITEMS SPECIFICALLY E -L LI^_ED Lu TH!S SAL E: e3 COSTS PAID BY: Coate h addition b Uaee Haled below may be kxxurod by Buy« erd Seller. unless otherwies agreed herein, «provided by law «requred by 84 larder, B~~uyy~~-- shall purchase Seller's reserve aceount U hart assumption. 65 ^ Yes137No Purohaaeh Extended Coverage TIUe PoUcy requested. Additbnel premium paid by ~ .Sae ikm r 20 on reveres ewe. 88 U requested by lender or oarerwiae stated herein, the babes owls will be paw es Mrdbated. Costs Loan Well Punrplhspscl. Codekrepsel UMero- CadrscltarYOr Tsx ClaNtp LonpTsra Paw By Appraisal Assumpt Inspect Ssplk nllequkW Cow Ooamerd Ssrvlcs EeaotM BUYER WA SELLER anuEreuuLr b exard $ `~ g ~e r ~ 10. OSING. On ~ depoeb vralt ate cbeirtp agency an Iwrdr and hWtrnrrtta necessary b oomphta $w ask. The dorkrp date shalt 68 be ra leer 11. POSSESSIO . Boyar a be enWkd b posesalon on dosktp ^ 89 70 'Cbskp' meant the desk wtdch aU dooumenls w eiOter recorded «aacepkd by an sleeve apse and tits cats proceeds w avareltle b SNkr. Taxes Bpd wok! aaessments 71 (usktp Ipe t avaltable aeaeswnent ae a bask), rents, hhresl andaeeervea, hens, erttxmbranae «ddgeaone aeelaned ertd udtil~ shah be protakd a a 72 . Sayer shat pay br fuel h lank, amount b be determined by aw euppner at Sensrs~tpenea. 73 12. ACCEPTANCE. Buyer's o t k mWe subled b the aoceptana a Seaer on «beltrro t2:oo o'dodc rrddrdpltt a 74 It Seller does Trot, accept acts wWan the t deed, the entire Earnest Money shell ba relurtded b euy« on demand. 76 13. TIME IS 0 HE ESSE CEiOF THIS GR MENT. 78 LkWp Aperoy MLSr SeIWg Aperay: MLSrT_ 77 ey: sr By: ^~ MLSr 7a Beyer Buyer's Addroee ? .79 BuYen BeyePA Filers: R6sidsrtce O See attache Addendum s). ^ ee a ch Counter OHe a) eo On Uas dale, UWe hereby approve and accept Ole sale sa 1 h above apreemera and apreelb arty out an the lemur Utered on the th e 8 eYer Pad a 81 ~ UWe aduawkdpe tea t l a t(w Dopy d Ida t by boor parties. ~ ~ ~ ~ ~~ sewt stilt Adaroae f,IAL~ ~~T..L~-_ /r~ Plana: Nas~~L~~ ~~t5rrhlork: _ . n , ,~ 8a asset oa ~` CIty~Q~fG~sutp~d f~82 A true Dopy a Ole brspohp apraement,~ by t!w 8ener erd aontskdrp awgluq and oomplek keel desodpwn a aw prerNsss, k nueby reaivsd on Oct. 88 t ,w.~.n.nn....u...^..,,..4,MM,...^....,.....n..w...~ ..w..w~.w....... _.._.._.___ __._.. 9O Attachment C Legal Description Marty Goldsmith/Thunder Creek Subdivision 6.73 Acre Tract A parcel of land located in the Southwest 1/4 of the Northwest 1/4 of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 2, 3, 10 and 11, Township 3 North, Range 1 West, Boise Meridian, thence South 00°-00'-OS" West, 1328.42 feet to the North 1/16 Corner, thence South 00°-00'-04" East a distance of 190.00 feet to a point, thence South 89°-20'-17" East, 45.00 feet to the POINT OF BEGINNING, From the Point of Beginning continue South 89°-20'-17" East a distance of 446.10 feet to a point in the center of Eight Mile Lateral, Thence along the centerline of Eight Mile Lateral South 39°-34'-48" East a distance of 408.84 feet to a point, Thence 114.49 feet along the arc of a curve to the left, having a radius of 300.00 feet, a central angle of 21°-52'-00", and a long chord bearing South 50°-30'-48" East a distance of 113.80 feet to a point, Thence South 61°-26'-54" East a distance of 9.02 feet to a point, Thence leaving said centerline South 80°-16'-00"West a distance of 344.57 feet to a point, Thence North 88°-O1'-37" West a distance of 507.99 feet to a point on the section line common to said Sections 10 and 11, Thence North 00°-00'-04" West a distance of 438.22 feet to a point, Thence South 89°-20'-17" East a distance of 45.00 feet to the POINT OF BEGINNING. The above described tract of land contains 6.73 acres, more or less, subject to all existing easements and rights-of--way. ..~'' 3~ ...I . 1 LANE 4 RT 'wr~~dD. C- RT i~ g SIGN ABBE rr. R-4 ' ` r Site RT RT IF RT UN[ON PAOIPIO PAILpOAD ~~ R1 • r <, R-8 '"v IMIION PAOiP10 IIAIlR0A0 ~... Ill - ~ Vicinity Map ..., -~ Thunder Creek Subdivision 1"=800' ATTACHMENT D A t t a c h m e n t E ,_JL=! °°~° Vd 8~1~088V GNd 3~NV"IAOIi ; ~ww+~ u ~.e NOISI/~IG9f18 )13~tlJ Li3aNf1M1 ~nn 1\I"Id JItlVNIWtl3kld ' • 3 0 o~ ~~ Jm ~ a' F }~ ~ ZW ~ ~~ ~ J ao g ;~ ~~ a R 4 A A ~ ~~ ~~ ~~~~: ~~ ~ ~.. ~ gg K ~ ~~~8 o wF°o ~ c~~~ F-F9• o~ ¢~V ~~ d <g ~~~~~~ < ~n~ ~ °p~ z~V~ 0 i~ ~~ ~ ~~ ~ ~~€ ~ ~~ ~~ e o ~ n ~~ ~ -~~ ° ~ ~i ~~ ~ ~~ ~~~ ~~ ~ ~~ ~ r e lDQt-iO-! COMMENTS MERIDIAN CITY COUNCIL MEETING: September 6 1994 APPLICANT: FARWEST DEVELOPERS AGENDA ITEM NUMBER: 18 REQUEST: REQUEST FOR A VARIANCE FOR THUNDER CREEK SUBDMSION 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: "REVIEWED" -~ SEE ATTACHED COMMENTS • ~ ar~$ ~~k ~~~~kC~~ SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: • HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A Good Place to Live WILLIAM G. BERG, JR., City Clerk CITY OF MERIDIAN RONALD R. TOLSMA MAX YERRINGTON ROBERT D CORRIE GARY D. SM TH, P.E. City Eng near . WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, FlreChief " MERIDIAN, IDAHO 83642 Planner 8 Zoning Administrator W.L. "BILL GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-221 I 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: August 30, 1994 TRANSMITTAL DATE: 8/12/94 HEARING DATE: 9/6/94 REQUEST:~/ariance request for Thunder Creek Subdivision BY:__~~~vest Develos~ers LOCATION OF PROPERTY OR PROJECT: East of N. Ten Mile Road between Pine Avenue and Cherry Lane JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z -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 CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO..(PRELIM 8t FINAL PLAT) U.S. WEST(PRELIM 8r FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8r FINAL PLAT) BUREAU OF R TION(PRELIM 8 FINAL PLAT) CITY FILES ~ q OTHER: ~~ ' / L YOUR CONCISE REMARKS: n, 4 • 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" GOROON, Pollce Chief WAVNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 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 PI ner 8 Zoning Administrator ~~~~~~~ JIM JOHNSON Chairman -Planning 8 Zoning au~ ~ 5 ~s~4 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: August 30, 1994 TRANSMITTAL DATE: 8/12/94 HEARING DATE: 9/6/94 REQUEST: Variance request for Thunder Creek Subdivision BY: Farwest Develouers LOCATION OF PROPERTY OR PROJECT: East of N. Ten Mile Road between Pine Avenue and Cherrv Lane JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C _MAX YERRINGTON, CIC WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8t 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 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES ~, > ~ GI OTHER: YOUR CONCISE MARKS: /~] ~ : t~l /ydn° ~ r`P k. IJC~y~ WC t Auk ~ ,C7rr; b ftv,.-..- r.t~ ,` ~~. ~-~ ,~s Ilsa~_: ~a.~~F A Good Place to Live CITY OF MERIDIAN CENTRAL •• DISTRICT HEALTH DEPARTMENT REVIEW SHEET ~~~~~~ Return to: ^ Boise Rezone # Conditional Use # Environmental Health Division AUG 2 4 1994 C~+~~ ~~' ~~"si~iif'li°~ ^ Eagle Preliminary /Final /Short Plat , ^ Garden city '~.~'leridian ^ Kuna ^ Acz ^ 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. ^ 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. ^ 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. W~ f~ C N o o Q ~ ~~cTi o~S Date: ~/ ~ / Reviewed By: T f:DHD 10/91 rcb, rev. I I/93 jll HUB OF TREASURE VALLEY • OFFICIALS COUNCIL MEMBERS A Good Place to Live WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA MAX YERRINGTON S i CITY OF MERIDIAN ROBERT D. CORRIE GARY D. SM TH P.E. CHy Eng neer WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Flre Chief " MERIDIAN, IDAHO 83642 Planner & Zoning Administrator W.L. "BILL GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 88811433 • 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 WTI'H 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: August 30, 1994 TRANSMITTAL DATE: $/12/94 HEARING DATE: 9/6/94 REQUEST: lLariance realuest for Thunder Creek Subdivision BY: Farwest Developers LOCATION OF PROPERTY OR PROJECT: East of N. Ten Mile Road between Pine Avenue and Cherry Lane JIM JOHNSON, P2 ~MOE ALLDJANI,-P2 _ -JIM SHEARER, P/Z -CHARLES ROUNTREE, P/Z -TIM HEPPER, P/Z - GRANT IEINGSFORD, 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 8 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 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8t FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ,, ..- ~~~ AUG 2 6 194 CITY OF 1MERIDIt~ • • Meridian City Council September 6, 1994 Page 23 Shrewsberry: No sir. Kingsford: Mike, if I may, what is the gray area that goes off of that one? Shrewsberry: The gray area is surface drainage retention area for storm drainage. And the greenish area here is sanitary sewer corridor to serve the property located on the northeast side of the Eight Mile Lateral. Kingsford: And the storm drainage retention is a separate lot. Shrewsberry: Yes sir it would be a separate dedicated lot. Kingsford: Any other questions for Mr. Shrewsberry? Anyone else from the public that would like to offer testimony on this issue? Seeing none I will close the public hearing. Morrow. Questions of Gary and Shari, you are satisfied that all of your requirements have been met concerning this issue. Kingsford: They answered in the affirmative. Is there a motion from the Council. Morrow. t would move that we approve the preliminary plat for Thunder Creek Subdivision. Tolsma: Second Kingsford: Moved by Watt, second by Ron to approve the preliminary plat for Thunder Creek subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #18: PUBLIC HEARING: VARIANCE REQUEST FOR THUNDER CREEK SUBDIVISION BY FARWEST DEVELOPERS: Kingsford: At this time I will open that public hearing and invite Mike to address that first. Mike Shrewsberry, 4619 Emerald, Boise, was sworn by the City Attorney. Shrewsberry: The request for variance is to enable the developer to fence the boundary of the Eight Mile Lateral as opposed to adherence to the City code requirement for piping of irrigation laterals as they border residential subdivisions. It is our position that in this area the Eight Mile Lateral is still a major irrigation facility and it would require a pipe in excess of 48 inch diameter. We have 2 previous developments further upstream on this • • Meridian City Council September 6, 1994 Page 24 lateral in which similar variances were granted, Hunts Bluff No. 2 and Salmon Rapids Subdivision. It also enabled the developer to enter into a license agreement with Nampa Meridian Irrigation District in order to specify the type of fencing involved to their satisfaction as well as the developer's. Morrow: You have done the calculation to indicate that it is going to be in excess of 48 inches? Shrewsberrry: No sir we have not done specific calculations. Morrow. How do we know it is going to be an excess of 48? Shrewsberry: The size and the volume of water that is observed in the lateral at this time of year. Morrow. It seems to me that the other 2 subdivisions that you are referring to were at essentially Locust Grove and Overland were they not? Shrewsberry: Yes sir. Morrow. And that is 2 miles as the crow flies from this location? Shrewsberry: About a mile and a half, but the facility is still located within a 60 foot of right of way, it is still a major facility in this area. Tolsma: (Inaudible) Corrie: There will be a homeowners association as well with this one or you don't know? Shrewsberry: I would imagine there would be, I don't know any specifics regarding that. I believe that the representative of the developer is here and would be able to answer that specific question if you wish an elaboration? Corrie: Primarily the area behind that fencing is going to need work, suddenly it is fenced and left up to nothing and weeds and everything else grows back there. Shrewsbeny: I imagine that would be part of the license agreement with Nampa Meridian as far as maintenance is concerned. Corrie: That is all 1 have Mr. Mayor. • • Meridian City Council September 6, 1994 Page 25 Kingsford: Do you have any other questions for Mr. Shrewsbeny? Anyone else from the public that would like to offer testimony on this issue? Seeing none I will close the public hearing. Council members. Morrow. Mr. Mayor I would move we instruct the City Attorney to prepare findings of fact and conclusions of law for the variance request for Thunder Creek Subdivision by Farwest Developers. Tolsma: Second Kingsford: Moved by Walt, second by Ron to have the City Attorney prepare findings of fact and conclusions of law on the variance request for Thunder Creek Subdivision by Fannrest all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #19: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR BRANDON CREEK ESTATES BY PIONEER INVESTMENTS: Kingsford: At this time I will open that public hearing and invite the owner or his designee to speak first. Jim Rees, 707 North 27th, Boise, was sworn by the City Attorney. Rees: This is a request for annexation for a subdivision which will consist of a zero lot line duplexes for senior citizens which fall under the HUD program for over 55 years of age. It is located close to services, it is really an enclave at this point in time with a multi family housing project here, another one that has been approved in this corner, Meridian Mobile Manor is on the east. There is a slight amount of vacant land in Alberton's shopping center to the east and west. We propose a single access because there is no other place to put an access unless we put another one across the canal. And it is our understanding that for security reasons most of the senior citizens would like to have something they can call secure. The developer wold actually like to have a private road and put a gate out here so that it could be closed at 9:00 at night so they wouldn't have people going through it. If that is not something that the City would desire than it would be, Ada County Highway District has approved the plans. They did request an access out to the north and west, which we don't feel is a good idea because it would break down the security. Actually this is a farm up here at this point in time and we have no idea when it might be developed. If there are any questions 1 would be happy to answer them. I think the report from staff and findings of fact and conclusions of law are something the developer can live with. Meridian City Council September 20, 1994 Page 15 Kingsford: Council reviewed those findings. Corrie: Mr. Mayor, I move we adopt the findings of fact and conclusions of law for Bramble Wood Subdivision. Yerrington: Second Kingsford: Moved by Bob, second by Max to approve of the findings of fact and conclusions of law as prepared on Bramble Wood Subdivision by Hardee Construction, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: Mr. Mayor, I move we approve the decisions of the findings of fact and conclusions. Yerrington: Second Kingsford: Moved by Bob, second by Max to approve the decision, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: The preliminary plat, do you want to have the City Attorney prepare an ordinance, and table the plat until the next meeting. Walt: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to have the City Attorney prepare an annexation ordinance, to table the preliminary plat until the land is annexed and to meet the development agreement, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A VARIANCE REQUEST FOR THUNDER CREEK SUBDIVISION: Kingsford: Council reviewed those findings. • Meridian City Council September 20, 1994 Page 16 Morrow: Mr. Mayor I would move that we approve the findings of fact and conclusions for Thunder Creek Subdivision as written. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the findings of fact and conclusions of law for Thunder Creek Subdivision, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION .CARRIED: All Yea Kingsford: A motion on the decision. Morrow: Mr. Mayor I (End of Tape) stated herein that the ditch shall be fenced with either chain link or wrought iron on both sides of the right of way. That before this variance takes effect the applicant shall supply proof that it is the owner for the property whether the owner consents to the variance. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the decision as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR RONALD VAN AUKER: Kingsford: Council reviewed those. Morrow: I would move that we approve the findings of fact and conclusions of law for the Ronald Van Auker request as written. Tolsma: Second Kingsford: Moved by Watt, second by Ron to approve the findings of fact and conclusions of law on the Van Auker annexation as written, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea . ~Op~ BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF GOLDSMITH CHARTER FOR A VARIANCE FROM 11-9-605 M TILING OF DITCHES FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on September 6, 1994, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant appearing through Mike Shrewsberry 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 September 6, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the September 6, 1994, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. 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. 3. That Ordinance 11-9-605 M., PIPING OF DITCHES, requires all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to restrain access to said ditch, lateral or canal. 4. That the Applicant has requested that he be granted a variance from the above ditch piping requirements and be allowed not to pipe the Eight Mile Lateral; that the Eight Mile Lateral would require the of greater than 48 inches; that Mr. Shrewsberry stated the Applicant would do what Nampa & Meridian Irrigation District wanted as far as fencing; that he imagined that there would be a home owners association to take care of the canal; and that there would be a maintenance agreement with Nampa & Meridian Irrigation District. 5. That in a prior application for the Applicant for the same variance the City Council recommended that a chain link or rod iron fence would be more acceptable than a wood fence; typically over a period of years, cedar fencing wouldn't provide a good safety net; the Ordinance requiring that ditches be tiled may be changed so that ditches which require the of over a 48 inches may not have to be tiled; that the Nampa & Meridian Irrigation District has informed the City that the grates required for ditches that require larger the than 48 inches may be more dangerous than not having the ditch tiled. 6. That the Applicant, Mr. Goldsmith, in the prior Application was in agreement with changing the material of fencing. 7. The entire property in question is described in the FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 2 r variance application and is incorporated herein as if set forth in full. 8. That the property in the area where the variance is requested is zoned R-4 Low Density Residential District. 9. That the Application states that Goldsmith Charter is the owner of the property but from some of the Application documents it appears that the Applicant does not own the property, but the prospective buyer is Stephen L. Renberg. The owners of the property are shown to be DeWayne Bailey and Millie Bailey. 10. That no other testimony was heard at the hearing. 11. That the City Engineer, Ada County Highway District, Nampa & Meridian Irrigation District or the Central District Health Department may submit comments and they shall be incorporated herein if submitted. 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 Subdivision and Development Ordinance upon which it may take FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 3 • 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 provisions of Section 11-9-605 M, PIPING OF DITCHES, of the Subdivision and Development Ordinance are noted which are pertinent to the Application: "All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, on both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. The City may waive this requirement for covering such ditch, lateral or canal, if it finds that the public purpose requiring such will not be served in the individual case. Any covering program involving the distribution system of any irrigation district shall have the prior approval of that affected district. ." 6. That the City Council considering changing the Ordinance regarding the piping of large ditches; that the Ordinance may be changed. 7. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such 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 FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 4 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 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 violate the provisions of the Idaho code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. 8. That there does appear to be a specific benefit or profit, economic gain or convenience to the Applicant if this variance is granted; however, to require tiling of the ditch would cause extreme hardship to Applicant, and the Council is considering amending the ditch tiling ordinance so that ditches of this size would not be required to be tiled; the City has previously granted variances where the size of the the would be greater than 48 inches. 9. That the requirement of tiling ditches is a health and safety requirement; that by reason of the size of this ditch, it appears that to require tiling of this ditch would not achieve the safety purpose for which tiling is required in the Ordinance. 10. That the irrigation district affected has not demanded that this ditch be tiled in one other subdivision. 11. That regarding Section 11-9-612 A. 2., regarding the tiling of ditches, it is specifically concluded as follows: FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 5 • • a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of the ditch tiling Ordinance would clearly be unreasonable. b. That strict compliance with the requirements of this ditch tiling Ordinance would result in extraordinary hardship to the Applicant. c. That the granting of a variance would not be detrimental to the public's welfare or possibly injurious to the public. d. That the granting of this variance would not violate the Idaho Code. e. That the variance would not have the effect of altering the interests and purposes of the ditch tiling Ordinance which is included in the Subdivision and Development Ordinance for safety purposes. 12. That it is concluded that the Application for a variance from 11-9-605 M, PIPING OF DITCHES, should be granted. 13. That since the piping of the ditch is not going to be required, other safety measures must be undertaken to assist the health, safety, and welfare of the people of this City; that it is concluded that the Applicant must fence the ditch with either chain link or rod iron and provide gates which will be locked according to the standards of the Nampa Meridian Irrigation District. 14. That the Applicant shall, before the variance is granted, supply proof that it is the owner of the property or that the owner consents to the variance. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopts FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 6 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 That it is decided the Application for a variance from 11-9-605 M is granted under the conditions stated herein; that the ditch shall be fenced with either chain link or rod iron on both sides on the right-of-way; that before this variance takes effect the Applicant shall supply proof that it is the owner of the property or that the owner consents to the variance. APPROVED: '~ 7` DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 7 • C~Oo p~ BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF GOLDSMITH CHARTER FOR A VARIANCE FROM 11-9-605 M TILING OF DITCHES FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on September 6, 1994, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant appearing through Mike Shrewsberry 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 September 6, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the September 6, 1994, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. 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. 3. That Ordinance 11-9-605 M., PIPING OF DITCHES, requires all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, • or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to restrain access to said ditch, lateral or canal. 4. That the Applicant has requested that he be granted a variance from the above ditch piping requirements and be allowed not to pipe the Eight Mile Lateral; that the Eight Mile Lateral would require the of greater than 48 inches; that Mr. Shrewsberry stated the Applicant would do what Nampa & Meridian Irrigation District wanted as far as fencing; that he imagined that there would be a home owners association to take care of the canal; and that there would be a maintenance agreement with Nampa & Meridian Irrigation District. 5. That in a prior. application for the Applicant for the same variance the City Council recommended that a chain link or rod iron fence would be more acceptable than a wood fence; typically over a period of years, cedar fencing wouldn't provide a good safety net; the Ordinance requiring that ditches be tiled may be changed so that ditches which require the of over a 48 inches may not have to be tiled; that the Nampa & Meridian Irrigation District has informed the City that the grates required for ditches that require larger the than 48 inches may be more dangerous than not having the ditch tiled. 6. That the Applicant, Mr. Goldsmith, in the prior Application was in agreement with changing the material of fencing. 7. The entire property in question is described in the FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 2 • • variance application and is incorporated herein as if set forth in full. 8. That the property in the area where the variance is requested is zoned R-4 Low Density Residential District. 9. That the Application states that Goldsmith Charter is the owner of the property but from some of the Application documents it appears that the Applicant does not own the property, but the prospective buyer is Stephen L. Renberg. The owners of the property are shown to be DeWayne Bailey and Millie Bailey. 10. That no other testimony was heard at the hearing. 11. That the City Engineer, Ada County Highway District, Nampa & Meridian Irrigation District or the Central District Health Department may submit comments and they shall be incorporated herein if submitted. 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 Subdivision and Development Ordinance upon which it may take FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 3 • • 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 provisions of Section 11-9-605 M, PIPING OF DITCHES, of the Subdivision and Development Ordinance are noted which are pertinent to the Application: "All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, on both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. The City may waive this requirement for covering such ditch, lateral or canal, if it finds that the public purpose requiring such will not be served in the individual case. Any covering program involving the distribution system of any irrigation district shall have the prior approval of that affected district. ." 6. That the City Council considering changing the Ordinance regarding the piping of large ditches; that the Ordinance may be changed. 7. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such 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 FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 4 • • 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 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 violate the provisions of the Idaho code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. 8. That there does appear to be a specific benefit or profit, economic gain or convenience to the Applicant if this variance is granted; however, to require tiling of the ditch would cause extreme hardship to Applicant, and the Council is considering amending the ditch tiling ordinance so that ditches of this size would not be required to be tiled; the City has previously granted variances where the size of the the would be greater than 48 inches. 9. That the requirement of tiling ditches is a health and safety requirement; that by reason of the size of this ditch, it appears that to require tiling of this ditch would not achieve the safety purpose for which tiling is required in the Ordinance. 10. That the irrigation district affected has not demanded that this ditch be tiled in one other subdivision. 11. That regarding Section 11-9-612 A. 2., regarding the tiling of ditches, it is specifically concluded as follows: FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 5 • • a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of the ditch tiling Ordinance would clearly be unreasonable. b. That strict compliance with the requirements of this ditch tiling Ordinance would result in extraordinary hardship to the Applicant. c. That the granting of a variance would not be detrimental to the public's welfare or possibly injurious to the public. d. That the granting of this variance would not violate the Idaho Code. e. That the variance would not have the effect of altering the interests and purposes of the ditch tiling Ordinance which is included in the Subdivision and Development Ordinance for safety purposes. 12. That it is concluded that the Application for a variance from 11-9-605 M, PIPING OF DITCHES, should be granted. 13. That since the piping of the ditch is not going to be required, other safety measures must be undertaken to assist the health, safety, and welfare of the people of this City; that it is concluded that the Applicant must fence the ditch with either chain link or rod iron and provide gates which will be locked according to the standards of the Nampa Meridian Irrigation District. 14. That the Applicant shall, before the variance is granted, supply proof that it is the owner of the property or that the owner consents to the variance. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopts FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 6 • 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 DECISION That it is decided the Application for a variance from 11-9-605 M is granted under the conditions stated herein; that the ditch shall be fenced with either chain link or rod iron on both sides on the right-of-way; that before this variance takes effect the Applicant shall supply proof that it is the owner of the property or that the owner consents to the variance. APPROVED: R ~~ DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 7