Dove Meadows Sub No. 2 VAROFFICIALS
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" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY
GOUNGIL MEf~"B R
A Good Place to Live WALT W. MORROW, President
CITY OF MERIDIAN RONALD R. TOLSMA
EE
C
N
GLENN R. gE
TLEy
33 EAST IDAHO
MERIDIAN, IDAHO 83642 P & Z COMMISSION
Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON
Chairman
Public WorksBuilding Departme~ (208) 887-2211 ,
TIM HEPPER
Motor Vehicle/Driver; License (208) 888-4443 JIM SHEARER
GREG OSLUND
ROBERT D. CORRIE MALCOLM MACCOY
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 Halt, Attn: Will Berg, City Clerk by: March 12 , 1996
TRANSMITTAL DATE: 2/27/96 HEARING DATE: 3/19 /96
REQUEST: Variance for Dove Meadows Subdivision No 2
BY: Dave Leader
LOCATION OF PROPERTY OR PROJECT:- Prooosed Lots 3 ~ 4, Block 3 of Dove
Meadows No. 2 Subdivision _ ___ _-_--- --- _ _ _ _ _ _ __ __.__ - ___ _
JIM JOHNSON, P/Z
MALCOLM MACCOY, P/Z
JIM SHEARER, P/Z
GREG OSLUND, P/Z
TIM HEPPER, P/Z
ROBERT CORRIE, MAYOR
-RONALD TOLSMA, C/C
-CHARLIE ROUNTREE, C/C
-WALT MORROW, C/C
-GLENN BENTLEY, C/C
-WATER DEPARTMENT
-SEWER DEPARTMENT
-BUILDING DEPARTMENT
FIRE DEPARTMENT
-POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
-CITY PLANNER
MERIDfAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
FE ~ 2 7 1986
CITY OF ~iE~ID1AN
•
CITY OF MERIDIAN
33 East Idaho Street, Meridian, ID 83642
- ~,
VARIANCE APPLICATION
(RE: Meridian Zoning Ordinance}
NAME: Dave Leader Phone: 344-8200
(Owner or holder of valid option)
ADDRESS: 110 Parkway Drive Boise, Idaho 83706
GENERAL LOCATION: SW'/4 Section 5~ T 3 N, R 1 E
LEGAL DESCRIPTION OF PROPERTY:Proposed Lots 3 & 4 Block 3, Dove Meadows #2
PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option
agreement must be attached.
PRESENT ZONE CLASSIFICATION: R-8
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 OWNERS: 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: Reduction of street frontage from sixty-five feet
~~5'~to fifty feet 50') for Lot 3 and fifty- ~r feet~,54'1 for lot 4
Date Received
City Council Hearing Date
Received by
CITY COt1NCIL• RF(''nR S
LEY'S LAND 109 South 4'" t Boise, Idaho 8302
URVEYING (3e5-os3s
Fax (208) 385-0696
February 5, 1996
Meridian City Council
33 East Idaho Street
Meridian, Idaho 83642
RE: Variance Request -Street Frontage
Lots 3 and 4, Block 3, Dove Meadows Subdivision #2
Dear Members of the Council:
This application by Dave Leader is seeking approval of the street frontage requirements of
Section 2-410A of the Meridian City Code. This section requires sixty-five feet (65') of street
frontage for lots in the R-8 Zone. Mr. Leader is obtaining approval for Dove Meadows
Subdivision #2. However, because of the location of Lot 3 and Lot 4 in Block 3 of the proposed
development, the lots are unable to meet the minimum street frontage.
Lots 3 and 4 in Block 3 are located on a curve. Due to the direction of the curve, the location of
the existing street, and the boundary of Dove Meadows Subdivision #1, the lots are configured
with fifty feet (50'} of street frontage for Lot 3 and fifty-four feet (54') of street frontage for Lot
4. Both lots are considerably larger than the 6 000 square feet required by the R-8 Zone. Lot 3 is
8,594 square feet in size. Lot 4 is 9,062 square feet in size.
Section 2-419 of the Meridian Zoning Ordinance provides the Council authority to grant variance
requests. Subsection A are the General requirements for a variance. Subsection B states the
application and standards for variances. Subsection C states the Findings of Fact that must be
made. Subsection C states:
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 ald 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;
Dove Meadows Subdivision #2
Project 1165-2 - 1 -
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, the nature of 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 achievements or the objectives of this
Ordinance;
3. That the granting of the specified variance 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.
Regarding these findings of fact, the location of the boundary of Dove Meadows Subdivision # 1
forms the southern lot line of Lot #3. This is boundary was fixed with the recording of Dove
Meadows Subdivision #l. The curvature of the street was also determined with the recording of
Dove Meadows Subdivision # 1. This curve affects the amount of land that is available for street
frontage for Lots 3 and 4.
Lots 3 and 4 are oversized for the zone in which they aze found. The increased size partly
compensates for the reduced street frontage. Strict enforcement of the street frontage
requirements for these two lots is unreasonable given the issues presented.
Granting the variance request for reduction of the street frontage will not affect other properties
in the area; nor would the reduction of street frontage cause injury to other properties. This
request will not alter or affect the interest and purpose of the Ordinance especially considering the
size of the lots affected.
In summary, Dave Leader is requesting a variance from the minimum street frontage requirement
of the R-8 Zone. The request is to allow a street frontage reduction from sixty-five feet (65') to
fifty feet (50') for Lot 3 and to fifty-four feet {54') for Lot 4. The reason for the valiance is the
location of an existing subdivision boundary and the curvature of the street. Although the street
frontage is reduced, the lots aze considerable lazger than allowed by the R-8 Zone. Lot 3 is 8,594
square feet in size; Lot 4 is 9,062 square feet in size. Reconfiguration of these lots would only
result in abnormally sized lots in an area where the typical lot size is approximately 6,000 square
feet.
Dove Meadows Subdivision #2
Project 1165-2 - 2 -
-..J
•
Based on the information stated above, we ask that the Council approve this variance request. As
stated, it affects only the street frontage of Lot 3 and Lot 4 in Block 3 of Dove Meadows
Subdivision #2. Thank you for your consideration of this matter.
Respectfully,
Patrick A. Tealey
B : /.~sC
Ted Hutchinson
Dove Meadows Subdivision #2
Project 116s-2 - 3 -
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WILLIAM G. BF_RG, 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" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
~
HUB OF TREASURE VALLEY COUNCIL MEMBERS
A Good Place to Live WALT W. MORROW, President
CITY OF MERIDIAN RONALD R. TOLSMA
E
C
R
G
ENN R. BENTLEY
33 EAST IDAHO
MERIDIAN, IDAHO 83642 P & Z COMMISSION
Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman
Public WorksBuilding Department (208) 887-2211 TIM HEPPER
Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER
GREG OSLUND
ROBERT D. CORRIE MALCOLM MACCOY
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: March 12 , 1996
TRANSMITTAL DATE: 2/27/96 HEARING DATE:- 3/19 /96
REQUEST: Variance for Dove Meadows Subdivision No 2
BY: Dave Leader
LOCATION OF PROPERTY OR PROJECT: Proposed Lots 3 ~ 4, Block 3 of Dove
Meadows No. 2 Subdivision
JIM JOHNSON, P2
MALCOLM MACCOY, P2
JIM SHEARER, P/Z
-GREG OSLUND, P/Z
-TIM HEPPER, P/Z
-ROBERT CORRIE, MAYOR
-RONALD TOLSMA, C/C
-CHARLIE ROUNTREE, C/C
-WALT MORROW, C/C
-GLENN BENTLEY, C/C
-WATER DEPARTMENT
-SEWER DEPARTMENT
-BUILDING DEPARTMENT
FIRE DEPARTMENT
-POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
~3s~.gz
CITY OF MERIDIAN
33 East Idaho Street, Meridian, ID 83642
~'ARRIANCE A,~P,~,ICATION
(RE: Meridian Zoning Ordinance)
NAME:__Dave Leader Phone: 344-800
(Owner or holder of valid option)
ADDRESS: .110 Parkway Drive Boi e~ I ho ~,~6
GENERAL LOCATION: SWl/< tion , T. 3 N * R 1 E
LEGAL DESCRIPTION OF PROPERTY:. Propo,ed Lois 3 & 4 B~o~ ~,, Dove eAAnw~ #2
PROOF OF OWNERS O~y iA~,iD gPT1O~: A copy of your property deed or option
agreement must be attached.
PRESENT ZONE CLASSIFICATION: R-8
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 OWIV~RS: A list of all property owners and addresses within,
contiguous to, directly across the street from, and within a 3p0' radius of the parcel(s) proposed for
a variance must be attached. (This information is available from the County Assessor.)
DESCRIPTION OF PROPOSED VARIANCE: Reduction of sir fronl.~ge from ~~ five fe;~;
LGS'1 to fifty feet (SO'1 for t 3 and fi -f ur feet (,54'1 for ~~
Date Received
Received by
T~1LEY'S LAND cos South a~ st, Boise, Idaho 83702
SURVEYING (208) 385-os3s
Fax (208) 385-OS9s
February 5, 1996
Meridian City Council
33 East Idaho Street
Meridian, Idaho 83642
RE: Variance Request -Street Frontage
Lots 3 and 4, Block 3, Dove Meadows Subdivision #2
Dear Members of the Council:
This application by Dave Leader is seeking approval of the street frontage requirements of
Section 2-410A of the Meridian City Code. This section requires sixty-five feet (65') of street
frontage for lots in the R»8 Zone. Mr. Leader is obtaining approval for Dove Meadows
Subdivision #2. However, because of the location of Lot 3 and Lat 4 in Block 3 of the proposed
development, the lots are unable to meet the minimum street frontage.
Lots 3 and 4 in Block 3 are located on a curve. Due to the direction of the curve, the location of
the existing street, and the boundary of Dove Meadows Subdivision #1, the lots are configured
with fifty feet (50') of street frontage for Lot 3 and fifty-four feet (54') of street frontage for Lot
4. Both lots are considerably larger than the 6,000 square feet required by the R-8 Zone. Lot 3 is
8,594 square feet in size. Lot 4 is 9,062 square feet in size.
Section 2-419 of the Meridian Zoning Ordinance provides the Council authority to grant variance
requests. Subsection A are the General requirements for a variance. Subsection B states the
application and standards for variances. Subsection C states the Findings of Fact that must be
made. Subsection C states:
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 gre such special circumstances or conditions affecting the property
that the strict application of the provisions of this Ordinance would clearly be
impracticable or unreasonable;
Dove Meadows Subdivision #2
Projec* 1165-2 _ 1 -
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, the nature of 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 achievements or the objectives of this
Ordinance;
3. Thant the granting of the specified variance 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.
Regarding these findings of fact, the location of the boundary of Dove Meadows Subdivision # 1
forms the southern lot line of Lot #3. This is boundary was fixed with the recording of Dove
Meadows Subdivision # 1. The curvature of the street was also determined with the recording of
Dove Meadows Subdivision #1. This curve affects the amount of land that is available for street
frontage for Lots 3 and 4.
Lots 3 and 4 are oversized for the zone in which they are found. The increased size partly
compensates for the reduced street frontage. Strict enforcement of the street frontage
requirements for these two lots is unreasonable given the issues presented.
Crranting the variance request for reduction of the street frontage will not affect other properties
in the area; nor would the reduction of street frontage cause injury to other properties. This
request will not alter or affect the interest and purpose of the Ordinance especially considering the
size of the lots affected.
In summary, Dave Leader is requesting a variance from the minimum street frontage requirement
of the R-8 Zone. The request is to allow a street frontage reduction from sixty-five feet (65') to
.fifty feet (50') for Lot 3 and to fifty-four feet (54'} for Lot 4. The reason for the variance is the
location of an existing subdivision boundary and the curvature of the street. Although the street
frontage is reduced, the lots are considerable larger than allowed by the R-8 Zone. Lot 3 is 8,594
square feet in size; Lot 4 is 9,062 square feet in size. Reconfiguration of these lots would only
result in abnormally sized lots in an area where the typical lot size is approximately b,000 square
feet.
Dove Meadows Subdivision #2
Project 1165-2 _ 2 _
•
Based on the information stated above, we ask that the Council approve this variance request. As
stated, it affects only the street frontage of Lot 3 and Lot 4 in Block 3 of Dove Meadows
Subdivision #2. Thank you for your consideration of this matter.
Respectfully,
Patrick A. Tealey
B : /.~sC
Ted Hutchinson
Dove Meadows Subdivision #2
Project 116s-z - 3 -
Tl~LE Y' S LAND ~ os South a~ str~ Boise, Idaho e3~o2
SURVEY 1 N G (208) 385-0636
Fax (208) 385-0696
Project No.: 1165-2
Date: December 14, 1995
DESCRIPTION
OF
PROPOSED
DOVE MEADOWS SUBDIVISION No. 2
A parcel of land being portions of the SE 1/4 of the SW 1/4 and the
SW 1/4 of the SE 1/4 of Section 5, T.3N., R.lE., B.M., Meridian, Ada
County, Idaho and more particularly described as follows:
COMMENCING at a brass cap marking the Southeast corner of the said
Section 5; thence along the Southerly boundary of the said Section 5
North 89°48'53" West 2644.18 feet to a brass cap marking the South
1/4 corner of said Section 5; thence along the North-South center of
section line of said Section 5
North 00°27'15" East 1312.52 feet to a brass cap marking the
Northwest corner of the said SW 1/4 of the SE 1/4 of said Section 5,
said point also being the INITIAL POINT; thence along the North boundary
of the said SW 1/4 of the SE 1/4
South 89°44'36" East 550.14 feet to an iron pin; thence leaving the
said North boundary
South 00°27'36" West 219.97 feet to an iron pin; thence
South 45°52'44" West 150.00 feet to an iron pin marking the
Northeast corner of Dove Meadows Subdivision No. 1 as on file in Book 65
of Plats at Pages 6662 through 6664 in the Office of the Ada County
Recorder, Boise, Idaho; thence along the Northerly boundary of said Dove
Meadows Subdivision No. 1
North 83°57'58" West 334.91 feet to an iron pin; thence continuing
North 80°00'49" West 144.04 feet to an iron pin; thence continuing
South 83°10'57" West 65.99 feet to an iron pin; thence continuing
North 82°25'13" West 71.00 feet to an iron pin; thence continuing
South 80°41'46" West 115.62 feet to an iron pin; thence continuing
South 85°46'35" West 229.84 feet to an iron pin; thence continuing
North 81°05'39" West 198.80 feet to an iron pin; thence continuing
South 31°53°42" West 109.75 feet to an iron pin marking a point of
beginning of curve; thence continuing Northwesterly 105.34 feet along
the arc of a curve to the right having a central angle of 12°42'23", a
radius of 475.00 feet and a long chord bearing
North 53°48'28" West 105.12 feet to an iron pin marking a point of
ending of curve; thence continuing
South 57°26'46" West 51.57 feet to an iron pin ; thence continuing
South 34°24'09" West 100.55 feet to an iron pin; thence continuing
South 30°11'35" West 104.03 feet to an iron pin; thence continuing
South 03°34'04" East 60.14 feet to an iron pin; thence continuing
South 30°11'35" West 100.00 feet to an iron pin; thence leaving the
~ ~
TEALEY'8 LAND SIIRVEYING 109 S. 4'" STREET, BOISE, IDAHO 83702 * (208) 385-0636
Project No.: 1165-2
Date: December 14, 1995
PROPOSED DOVE MEADOWS No. 2
PAGE 2
said Northerly boundary of Dove Meadows Subdivision No. 1
North 59°48'25" West 322.08 feet to an iron pin on the West
boundary of the said SE 1/4 of the SW 1/4; thence along the said West
boundary
North 00°27'07" East 490.55 feet to an iron pin marking the
Northwest corner of the said SE 1/4 of the SW 1/4; thence along the
North boundary of the said SE 1/4 of the SW 1/4
South 89°48'45" East 1326.32 feet to the INITIAL POINT.
Said parcel of land contains 17.55 acres, more or less.
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a• ~~ OF ADA COUNTY ~ • I~ i
a 821 West State Street /Boise, Idaho 83702
~_ (208) 336-6700 } 3
'9`I JUN 3 f'i'g '
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888 North Colc Road /Boise, Idaho 83704 FEE ~jB.U..._.
(208) 377-2700 . , , ~ 7 O F
SPACE ABOVE FOR RECORDING DATA
-•,~.,.:.,::v.su::u.;~1~;u,u::a;o,~o~~~?Ul',00.711A~A~A~.A~.r.OS1A4 ~~ ~>Q;O~>~?~1~IGTT?G«u~4?Cd?U~.1D~.?L~?~l~>U~?GA~S'~1~>ll~?u~dvS3i,~1;
~~
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~~ QUITCLAIM DEED
~s
M1~ F'OR VALUE RECEIVED MARY LEADER, wife of Grantee
~~
^~ do hereby convey, release, remise and forever quitclaim
,S
`~ unto DAVID E. LEADER, husband of Grantor, as his sole and
`~1 separate property ~'
1~, whose address is: 110 Parkway, Boise, Idaho 83706 ~.
~~
the following described premises, to wit: ~•
+~,
See attached Exhibit "A" which by this reference becomes a part hereto.
~~
~~
'j ..:•:.r r.:.
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,,.,., together with their appunenances. ~
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~~ Dated: June 1 , 1994 s%~
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w=;, ary Leader ~;
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,~ - • 5 STATE OP _ 7 rl ~ 110 ~~~~ C ~wtf 1~•4• 'f. , ss. t~
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S 9 inthc ear of 1994 Z;
Lin P. Iiasura da =~:.1,~n~. ~ ' ~- y ,bcforcmc
s ^~ ~ ~--6-~--`c ~ -a ` , a notary puhlic, t
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^; known or identified to me to be the rson s us L"yin (. )_~• is ~ Z~
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-i ~bj ~~---- subscrihcd to the within
~_; ^j instnnncnt, and acknowlttlged to me that ~i~~;iYC ~bRt,,Q1~1 tll~sl~mc. " ~;
AA 1111 ~ ~
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A parcel of land being a portion o[ the S4 1/A of the .^,g 1/q
of Section 5, 1'.7N., n.lE., D.N., Meridian, Ada County, Idnho and
more particularly dascribed as follows:
^oclaoni rq at a brans cap marking lho Sout•Iraasl• comer ol: ~•ho
caid .,, t•henco Hive
.section 5 9 Cho Sout•hnrly boundary oC I:he nal~'
North 09•AO'S7" West 1775.02 Leot tv.a point; thr_nco
1lorth OD°2A'A5" East AG.90 feel• to a point on l-ho Northerly
right-of-way lino of Fairview Avenuo, alro said point being tha
lt_EnL_j',OIt~~p DEGI111t~N0; thence along tha said Northerly right-oL-
way line of Fairview 1lvonue
North 09.75'15" West 70.01 Ceat to a point; thence
beglnntingiroLDc~rve;,'thenco long a urvoptortho,laftgA7,AOlnt o[
raid curvo Iravinq a central angle of 90.72.26", a radluo oL 70c00
feet and a long chord bearing
Jtorth A5.00.72^ Eart A2.G7 [eet to a point oL compound curve;
thence along a curve to the .laCt 165,77 feet, said curve Iravinq a
central angle of 67.10'17", a radius of 150.00 feet orrd o long
chord bearing
Morth 71•AG'A9" West 157.A7 feet to a point oC ending oL
curve; thence
North 67.25'50" Hest 125.75 Cael' to a point of begLmin9 of
curve; thence along a curve to the right 90.A1 feet, caid curvo
having a central anglo of 2A•AO'05", a radius of 210.00 foel• and
long chord bearing
Jtorth 51.05.56" West 09.72 feet to a point of ending of curvo;
thence
North JO •A 5.57" West 192.06 Ceet to a point of beginning oC
curve; thence along a curve to the left 2A1.27 feet, caid curve
leaving a central angle of 77.21'A2", a radius of 77V.V0 feeC and o
long •clrorcl bearing
Ttorth 57.2G'AA" West 277.02 feet to a point of ending of
curve; tlrenco
North 7G°07'75^ West 107.07. feet to a point; lhn_noe
South A]•21'JO" 4test 257. G0 feet to a point on the Westerly
boundary oC the raid SW 1/A oL the SE 1/A of Sect•Son 5; thence
along the said Westerly boundary of the said SW 1/A of the SE 1/A
of Section 5
north 00°27'76" East 596.17 feet to a point; thence
South 00°OD'A9" East 111.77 feot to n point; thence
South U7°57'50" F•.ast 774,81 feat to a point; thence
^•out-h li•59'5A" Weat 757.00 feet to a point marklnq a point of
beginning o[ curve; thence nlong a curvo to the right t97.AG feet,
caid curve having a central angle o[ 26.10'77", a radius oL 470.00
feet and n long chord bearing
South 51.55.12" East 195.77 teat to a point of ondLrq of
curvo^ thenco
.,oath 70°A5'SJ" Ji:.af 192.06 fret to n point marklnq a point oL
l~cyirrrrirrq of curve; tlrr_n;n along a curve to the left GA.50 Leot
raid curvo having central angle of 2A •AO'05", a radius of 150.00
Leet and a long chord bearing
South 51.05.56" Eact G4. a0 feet l-o a point of ending of curve;
thence
South 67.25'50" East 1~7.G7 feet to a point of beginning oL
curvo; t)rence along a cuz,e to the right 22A.AJ. feet, said curve
having a cr_ntra.l angle of G1.17'AG", a radius of 210.00 foot and n
lung chord br_aring
Svulh 72.•A9'o5" Tiast 217.x19 tent to a point markLrg a point- of
feel'~urald curve twin aL•hence along a curve to the loft A5.75
70.00 Le 9 central angle oL 07.27'07", a radius of
oL• and a long chord bearing
South 45"57'A4" East A1.A5 foot to a point rf ending of curve;
thence
Svul•h UU°2A'45" Wert 7.00 f.cet to a point on Lhe raid
trorthcr.ly right'-vt-way line of Pal.rvlew Avenuo; L-henco along the
^.aid ttorlherly right-of.-way line of Fairview Avanua
North 09.75'15^ Yteat- 69.75 Cer_[ tv the. SO~.tt'r of b_".~IJit~illD,
r.ald p•5rcol of, laml conlrrlns 5.25 serer:, mnr0 yr ler.r. .
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WARRANTY DEED a
GRANTOR, Capitol Christian Center, Inc., an Idaho corporation, whose curzent
address is 306 North 14th St., Boise, Idaho 83702, County of Ada, for good and valuable
cons~.deration, the receipt of which is hereby acknowledged, does hereby grant,
barv~in sell and convey unto David E. Leader and Mary Leader, husband and wife, as
GRANTEE, and to grantee's successors and assigns forever, all of the following
described real estate located in the County of Ada, State of Idaho, described in
Exhibit "A" attached hereto and by this reference in.:orporated herein.
TOGETHER with all improvements, water, water rights, ditches, ditch rights,
easements, hereditaments and appurtenances thereto.
SUBJECT T0:
Easements, covenants, taxes due and accruing for the year 1994, restrictions
and zoning regulations as appear of record or by use upon premises.
GRANTEE'S ADDRESS: 110 Parkway Drive, Boise, ID 83706.
Grantor, for itself, its successors and assigns does hereby covenant,
warranty and shall defend the quiet and peaceful possession of said premises by
the grantee, their successors and assigns forever against the lawful claims
of all persons.
IN WITNESS WHEREOF, Capitol Christian Center, Inc., through its duly
authorized agent, has hereunto subscribed its name to this Warranty Deed this
~~ day of ~g~, 1994.
CAPITOL CHRISTIAN CENTER, INC.
By: ,~ ,
Ken th G. i e
~^~ President
~.-
STATE OF IDAHO )
~. - )ss.
`1 ,: COUNTY OF ADA )
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I HEREBY CERTIFY that on this day, before me, an officer duly authorized to take
acknowledgments, personally appeared Kenneth G. Wilde, to me known to be the
person who executed the foregoing instrument, and further known to me or shown to me
°',I~ to be the President of Capitol Christian Center, Inc., and acknowledged to me that
he executed this instrument on behalf of said Capitc'_ Christian Center, Inc.
~ WITNESS my hand and official seal in the county and state last aforesaid this
+~ ~ ~ 23rd day of May , 1994.
,.
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"rR ~ •~~ G ~ Resi in at: Mer'd n, Idaho
-`;'~ ~*~ PU8~,1 ~ p~ My C scion expir's: 12/22/99
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CIIURCIl PROPEL](
A parcel of land being a portion of the SW 1/I of the SE 1/4
of Section 5, T.311., R.lE., p°Fi., Heridian, Ada Co.inty, Idaho and
more particularly described as follows:
Commencing at a brass cap marking thr_ Southear:t corner of. the
said Section 5; thenco along lho SouL•horly boundary o[ the raid
^,ection 5
NortTt 89°48'53" West 1735.02 feet to a point; thence
North 00°24'45" East 46.90 feet to a point on the ?iortiterly
right-of-way line of Fairview Avenuo, also said point being tlta
ItEjtL POI~I~P DEG~NNINQ; thence along the said Northerly right-of-
way ll.ne of Fairview Avenue
North 89°35'15" West 70.01 feet to a point; thence
North 00.24'45" East 7.00 feet to a point marking a point of
beginning of curve; thence along a curve to the left 47.41 feet,
said curve having a central angle of 90.32'26", a radius of 30.00
feet and a long chord bearing
North 45°08'32" East 42.63 feet to a point of compound curve;
thence along a curve to the left 165.73 feet, said curve having a
central angle of 63°18'17", a radius of 150.00 feet and a long
chord bearing
North 31°46'49" West 157.43 feet to a point of ending of
curve; thence
17orth 6J°25'58" West 125.75 feet to a point of beginning of
curve; theme along a curve to the right 90.41 feet, said curve
having a central angle of 24°40'05", a radius of 210.00 feet and
long chord bearing
North 51°05'56" West 89.72 feet to a point of ending of curve;
thence
17orth 38°45'57" West 192.86 feet to a point of beginning of
curve; thence along a curve to the left 241.27 feet, said curve
having a central angle of 37°21'42", a radius of 370.00 feet and a
long chord bearing
17orttt 57°26'44" West 237.02 feet to a point of ending of
curve; thence
1~orth 7G°07'35" West 107.02 feet to a point; ttrence
South 43°21'38" West 257.68 feet to a point on the Westerly
boundary of the said SW 1/4 of the SE 1/4 of Section 5; thence
along the said Westerly boundary of tl,e said SW 1/4 of tl,e SE 1/4
of Section 5
Ttortli 00°27'36" East 596.17 feet to a point; thence
South 80°00'49" East 117.37 feet to a point; tt,ence
South II3.57'S8" East 374.91 feet to a point; thence
South li°59'54" West 757.00 feet to a point marking a point of
beginning of curve; thence along a curve to the right 197.46 feet,
said curve having a central angle of 26°18'37", a radius of 430.00
feet and a long chord bearing
South 51.55'12" East 195.73 felt to a point of ending of
curve; thence
South 38°45'53" East 192.86 feet to a point marking a point of
beginning of curve; thence along a curve to the left 64.58 feet,
said curve having central angle of 24°40'05", a radius of 150.00
feet and a long chord bearing
South 51°05'56" East 64.08 feet to a point of ending of curve;
thence
South 63°25'58" East 147.67 feet to a point of beginning of
curve; thence along a curve to the right 224.42 feet, said curve
having a central angle of 61.17'46", a radius of 210.00 feet and a
long chord bearing
South 32°49'05" East 213.89 feet to a point marY.ing a point of
compound roverse curve; thence along a curve to file left 4,.75
feet, r,~id curve having a central angle of 87.23'03", a radius of
30.OU `eet and a long chord bearing
South 45^53'44" East 41.45 feet to a point of ending of curve;
thence
`;ouch UU"24'45" Wert 7.00 feet to a pcint on the rald
Northerly righC-of-way lino of Falrvlew Avenue; thence along the
r•~3d Norther]}' r.IgLt-of-way line of Fairview Avenue
Borth 89°35'15" west 69.75 feet to tr,e pQiNT O~ DEOINNINa,
::aid l,:~rce] o! 1'.nd contains 5.25 acres, more or leas. ,
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I, David Leader ,certify that I personally posted a NO77CE ,FOR P B . j~~R,~y~
near the intersection of North Gingko Avenue and East Apricot Way and at the north end of
Hickory Way notifying the public that a variance application for reduction of the minimum street
frontage for Lots 3 and 4, Block 3, Dave Meadows Subdivision #2 has been submitted to the City
Council. This notice was post ~at~less thansne~eek~ or to the public hearitYg.
David Leader
110 Parkway Drive
Boise, Idaho 83706
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PROPERTY OWNERS
within 3d0 feet of
DOVE MEADOWS SUB #2
VARIANCE REQUEST
Parcel # 80619750010, 0060 8c0100 Farcel # 80619750080, &0090 Parcel #89467170040
Fred Meyer,lne. AVEST Limited Partnership Vladmir & Qalina Novak
Senior Vice President Corporate Roger H. Allen 2098 N. Wingate Place
Facilities 6904 Randolph Dr. Meridian, Idaho 83642
P.O. Box 42121 Boise, Idaho 83709
Portland, OR 97242-0121
Parcel # R9467i 70050 Parcel # 89467170060 Parcel # 89467170070
David 8t Lori Middleton Oenoveva Miyasato Richard & Paulette Meyer
2076 N. Wingate Place 2054 N. Wingate Place 2038 N. Wingate Place
Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642
Parcel #89467170080 Parcel # 89467170090 Parcel # 89467170100
Leroy Younquist Michael a& Mary Markley Darin & Angela Lindig
2022 N. Wingate Place 2015 N. Wittgate Place 2029 N. Wittgate Place
Meridian, Idaho 83642 Meri~an, Idaho 83642 Meridian, Idaho 83642
Parcel # 89467170110 Parcel # R94b7170120 Parcel # 89467170130
Todd 8c Leisa McClintiek Brent 8t Kristin Hadley deck Coon & Heidi Sabin
2047 N, Wingate Pl~e 2069 N. Wingate Place 2355 E. Meadow Woad Dr.
Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642
Parcel # 89467170140 Parcel # 81914250010 Parcel # 81914250()20
Eugene 8c Corinne Hetmer Jerry ~ Donna Sullivan Bogdan & Galina Martaenyuk
2092 N. Devlin Avenue 2567 E. Apricot Court 2593 E. Apricot Court
Meridian, Idaho 83642 Meridiatt, Idaho 83642 Meridian, Idaho 83642
Parcel # 81914250030, 0040, 0070, & Parcel # 81914250060 Parcel # 81914250090
0080 David Fc Kelly Nielson Sean & Shanttott Cook
David Fi Mary Leader 2646 E. Apricot Court 2580 E. Apricot Court
110 Parkway Drive Meridian, Idaho 83642 Meridian, Idaho 83642
Boise, Idaho 83706
Parcel # 81914250100 Pesreel # 81914250310 Parcel # R,~ 914230320
Donald & Debbie Steinke Randal L. Smith Clinton & Stacy Wall
2558 E. Apricot Court 5251 N. Watetsedge 2518 E. t3rapewood Drive
Meridian, Idaho 83642 Boise, Idaho 83703 Meridian, Idaho 83642
Site address: 2534 E. Grapewood Dt.
Parcel # 81914250330 Par~eel # 81914250340 Parcel # 81914250350
Eric & Beth Povlsen Robert Batchelor Robert & TitFarty Ririe
2940 E. Grapevvood Drive 2472 E. Grapewood Drive 2454 E. Grapewood Drive
Meridian, Idalro 83642 Meridian, Idaho 83642 Meridian, Idaho 83642
Parcel # 81914250360 Parcel # 81914250370 Parcel # 81914250380
Scott & Marla Dannelly Kahn Ward David & Anna Sever
2430 E. Grapewood Drive 2416 E. Grapewood Drive 2396 E. Grapewood Drive
Meridian, Idaho $3642 Meridian, Idaho 83642 Meridian, Idaho 83642
Parcel # 81914250390 Parcel # 81914250400 Parcel # 81914250410
David & Doreen Mattson Alan dt Loraine Tisdale Thomas c@ Heather Mefitts
2382 E. Gtapewood Drive 2364 E. trrapewood Drive 2336 E. t3rapewood Drive
Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642
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Parcel# 81914250420 Parcel# 81914250430 Parcel# 81914250440
Frank & Lucille Swiger Raymond Bobko Dennis 8c Janice McMann
231.8 E. Grapewood Drive 1836 N. Ginkgo Avenue 2321 E. Apricot Drive
Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642
Site address: 1836 E. Grapewood Drive
Parcel # 81914250454 Parcel # 81914250460 Parcel # 81914250470
Derick !~ Amy Gillum Marvin & Sarah Sims Karen Harr
2347 E. Apricot Drive 2363 E. Apricot Drive 2387 E. Apricot Drive
Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642
Parcel # 81914250480 Parcel # 81914250490 Parcel # 81914250500
Robert & Michelle Peterson Allen & Lilian Bingham Robert 8t Tiffany Welch
2403 E. Apricot Drive 2435 E. Apricot Drive 2449 E. Apricot Drive
Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642
Farcel# 81914250510 Parcel# 81914250520 Parcel# 81914250530
Josh ~ Sherri $recks Eric ~t Brandy Toney Donna Nyman
2463 E. Apricot Drive 2485 E. Apricot Drive 2521 E. Apricot Drive
Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642
Parcel # 81914250230 Parcel # 81914250240 Parcel # 81914250250
Micahaei & Mary Lindquist William & Anne Miliensifer Jeffrey & Paula Fisher
2351 E. Grapewood Drive 2327 E. Grapewood Drive 2311 E. Grapewood Drive
Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642
Parcel # 81914250260 Parcel # 819142502270 Parcel # 81914250280
Ruth McCloud Kevin 8t Michelle Austin Nickolas 8t Joann Smith
10635 O'Shetna 2273 E. Grapewood Drive 10242 Petearana Street
Eagle River, AK 99577 Meridian, Idaho 83642 Boise, Idaho 83'704
Site address: 2295 E. Grapewood Drivo Site address: 2255 E. Grapewood Drive
Parcel # 81914250290 Parcel # 81914250300 Parcel # 81914250540
Teresa Sehiedel & John George Scott c~ Vera Schlofman Kim Wilkerson
2252 E. Grapewood Drive 11333 Camas Street 2512 E. Apricot Drive
Meridian, Idaho 83642 Boise, Idaho $3709 Meridian, Idaho 83642
Site address: 1883 N. Ginkgo Avenue
Parcel # 81914250550 Parcel # 81914250560 Parcel # 81914250570
Charles Hinkle & Trista Ross-Iiinkle Tom Smith, Sr. Mark .@ Joann Fuller
2472 E. Apricot Drive 2458 E. Apricot Drive 2440 E. Apricot Drive
Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642
Parcel # R19I4250580 Parcel # 81914250590 Parcel # 81914250600
Raymond & Betty Pantaleo Aaron Jones & Kathy Zundei Randal & Jufie Pipal
2414 E. Apricot Drive 2392 E. Apricot Drive 2350 E. Apricot Drive
Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642
Parcel #85747710180 Parcel # RS747710190 Parcel #85747710200
Darnel J. ~ Judy Hardee Rc Craig 8t Marcy Dugget Theodore dt Laurie Roy
Daniel R. & Debbie Hardee 2044 N. Applewood Piece 2043 N. Whittier Place
2054 N. Applewood Place Meridian, Idaho 83642 Meridian, Idaho 83642
Meridian, Idaho 83642
Parcel #85747710210 Parcel #85747710220 Parcel #85747710230
James ~ L9agella Spagnolletti Edward & Sharon Greene Robert lot Rachel Montgomery
2053 N. Whittier Place 2059 N. Whittier Piece 2062 N. Whittier Plane
Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642
~~
• •
Parcel #85747710240 Parcel #85747710250 Parcel #85747710260
Lance Ha#field
2056 N. Whittier Place Teary McCarthy
2048 N. Whittier Place Charles & Barbara Wright
2046 N. Whittier Place
Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642
Parcel #85747710370 Parcel #85747710380 Parcel #85747710390
baaiel & Sharon Sears Brendan & Lucille Gardner Allan & Joyce Chandler
1885 E. Oakcrest Drive 1905 E. Oakcrest Drive 1945 E. Oakcrest Drive
Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642
Parcel #85747710400 Parcel #85747710410 Parcel #85747710420
Robert Koga John ~ Davalee Leavitt Wade !~ Nancy Miller
905 5E 136th Avenue Apt, J-5 198$ E. Oakcrest Drive P.O. Box 73
Vancouver, WA 98684-3515 Meridian, Idaho 83642 Boise, Idaho 83729
Sits address: 1965 E. Oakcrest Drive Site address: 2005 E. Oakcrest brave
Parcel # S1105315228 Parcel # 51105315226 Parcel # Sl I05346825 8t 346430
Gordon & Margaret Wood
P.O. Box 422 Norman dt Donna Barker
19405 Deerwood Drive AVEST Limited Parhiership
Roger H. Allen
Meridian, Idaho 83642 Volcano, CA 95689.9771 6904 Randolph Ihive
Site address: 21 SO N. Dixie Lane Boise, Idaho 83709
Parcel # SI 10534661 S Parcel # 51105346655 Parcel # 51105427900
Westside Bible Chapel Graye Wolfe, Sr. & Timbre Wolfe Edmonds Construction, Inc. &
3018 S. Whitepost 9380 Fairview Avenue Pacific Northwest Electric Inc.
Eagle, Idaho 83616 Boise, Idaho 83704 3131 E. Lanark Suite C
Site address: 2040 E. Fairview Avenue Meridian, Idaho 83642
Parcel # Sl l OS 43$512 Parcel # S110S 315380 Parcel # 81914250050
Capitol Christian Center, Inc. Phyllis & Richard Akerstrom Mission Media, Inc.
P.O. Box 368 2050 N. Dixie Lane P.O. Box 3030
Meridian, Idaho 83642 Meridian, Idaho 83642 Boise, Idaho 83703
Site address: 2643 E Apricot
NOTICE OF HEARING
•
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and
the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a
public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour
of 7:30 p.m., on March 19, 1996, for the purpose of reviewing and considering the
Application of Dave Leader, for a Variance Application for land located in the SW 1/4,
Section 5, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally
located in proposed Lots 3 & 4, Block 3 of Dove Meadows No. 2. The Application requests
a Variance for reduction of street frontage from sixty five feet to fifty feet for Lot 3 and fifty
four feet for Lot 4.
Amore particular legal description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during
regular business hours.
A copy of the Application is available upon request. Any and all interested persons
shall be heard at said public hearing and the public is welcome and invited to submit
testimony.
Dated this 29th day of February, 1996.
-~i~ ~----J~` 7
WILLIAM G. BERG, JR., C LERK
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Meridian City Council
April 16, 1996
Page 13
ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE
REQUEST FOR DOVE MEADOWS N0.2 BY DAVE LEADER:
Morrow: Mr. Mayor I would move that we adopt and approve the findings of fact and
conclusions.
Tolsma: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma; that we approve the findings
of fact and conclusions of law for the variance request .for Dove Meadows No. 2
Subdivision, any further discussion? Roll Call vote
ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Nay, Tolsma -Yea
MOTION CARRIED: 3 Yea, 1 Nay
Corrie: I will entertain a motion for the decision.
Morrow: Mr. Mayor, I would move that it is deaded that a variance from R-4 street frontage
requirements of a 65 feet is hereby granted for Lots 3 and 4, Block 1, Phase 2 of Dove
Meadows Subdivision.
Tolsma: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma of the decision.
Morrow: Let me repeat that for you please, that it is decided that the variance from the R-4
street frontage requirement of 65 feet is hereby granted for lots 3 and 4 of Block 3, Phase
2 of Dove Meadows Subdivision.
Corrie: You have heard the motion, any further discussion? All those in favor? Opposed?
MOTION CARRIED: 3 Yea, 1 Nay
ITEM #7: PRELIMINARY PLAT FOR DOVE MEADOWS NO.2 SUBDIVISION BY DAVE
LEADER; TABLED APRIL 2, 1996:
Corrie: Staff have any questions or discussion?
Stiles: Mr. Mayor and Council, I think there are still a couple of items that we wanted to
address. One was the designation of the lot for the sewer line on the western boundary.
• •
MERIDIAN CITY COUNCIL MEETING: APRIL 16,1996
APPLICANT: DAVE LEADER ITEM NUMBER; 6 8~ 7
REQUEST; FF/CL FOR VARIANCE REQUEST AND A PRELIMINARY PLAT FOR DOVE MEADOWS N0.2
SUBDNISION
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER: j
CITY PLANNING DIRECTOR: ~ , "
CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW
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:
~~~,~~P J ~~'- 1~~
~'I"~~J ~ti ~°'"
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OTHER:
~I Materials presented at public meetings shall become property of the City of Meridian.
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BEFORE THE MERIDIAN CITY COUNCIL
APPLICATION OF DAVE LEADER
FOR A VARIANCE FROM THE R-4 STREET FRONTAGE
REQUIREMENT -0F 65 FEET
AMENDED FINDINGS OF FACT AND CONCLUSIONS
The above entitled variance request having come on for hearing
on March 19, 1995, at approximately 7:30 o'clock p.m. on said date,
at the Meridian City 8a11, 33 East Idaho Street, Meridian, Idaho,
Ted Hutchinson appearing for the Applicant, and the City Council
having heard and taken oral 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 March 19, 1995, the first publication of which was fifteen (15
days prior to said hearing; that the matter was duly considered at
the March 19, 1995, 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 this requirement has been met.
3. That the property is zoned R-8 Residential; that the
Zoning Ordinance, 11-2-410 A, requires that the street frontage in
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 1
•
the R-8 zone for single-family subdivisions be 65 feet.
4. That the Applicant has requested that he be granted a
variance from the minimum street frontage requirement for R-8 zoned
lots. for Lots 3 and 4, Block 3, of Dove Meadows No. 2 Subdivision,
and be allowed to have street frontage of 50.00 feet in Lot 3 and
54.00 feet in Lot 4 in lieu of the required minimum of sixty-five
(65) feet of street frontage.
5. That Ted Hutchinson, representing the Applicant,
testified as follows:
"We are seeking a variance of the street frontage requirements
for two lots in the second phase of Dove Meadows No. 2. These
lots are located on a curve that affects our ability to
provide adequate frontage for these. This is also affected by
the street location which was predicated by the platting of
Dove Meadows No. 1. The change in the street layout with the
development of the Avest property there were some changes in
the street layout which would have affected, ultimately, the
lay out of Dove Meadows No. 2. These lots exceed the minimum
lot size in the R-8 zone and in fact the two lots, one of the
lots is 8,594 square feet in size, the other lot is 9,062
square feet in size. This is considerably larger than the
6,500 square feet required by the R-4 [R-8) zone. We are
seeking a variance brought down to approximately 50 feet for
Lot 3 and to 54 feet for lot 4 on Block 1 of this subdivision
proposed. Excuse me that is Block 3 of Dove Meadows No. 2. We
believe that with the constraints and the size of the lots
that is appropriate for this variance to be approved. The
letter that I submitted with the application I outlined the
findings that must be made by the Council when they are
reviewing. the variance request. In that letter I also tried to
address those findings to provide the evidence and the
°'! information that you would need to be able to support this
variance request. With that I would answer any questions the
Council would have at this time."
6. That -the Applicant is the owner of record of the
property.
7. That Applicant developed Dove Meadows No. 1 prior to
developing Dove Meadows No. 2, which is where these lots that he is
FINDINGS OF FACT & CONCLUSIONS OF LAW - page 2
•
requesting the variance for are located; that Dove Meadows No. 2 is
in the preliminary plat stage of development, which has not yet
been approved and was before the City Council on March 19, 1996..
8. That the Planning and Zoning Administrator, Shari Stiles,
commented on the proposed plat of Dove Meadows No. 2 that all lots
must have a minimum frontage of 65 feet unless on a cul-de-sac and
must have minimum square footage of 6,500 square feet.
9. That Bruce Freckleton, Assistant to the City Engineer,
commented on the preliminary plat that the minimum street frontage
for Lots 3 and 4, Block 3, and Lots 21 and 29, Block 2, shall be
sixty-five (54) feet, measured at the arc for the curved portion,
per City Ordinance.
10. That no people appeared at the hearing objecting to the
variance application.
corrczvsioxs
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 of the proposed
subdivision 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 and upon the record submitted
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 3
' • •.
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 Planning and Zoning 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
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.
7. That the specific requirements regarding a variance
that must be evidenced and found by the City Council are as
follows:
11-2-419 C. FINDIp(~g
~,
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
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 4
•.
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 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.
8. That there would be a be a specific benefit or profit,
economic gain or convenience to the Applicant, if the Application
is granted, in that the Applicant would not have to meet the
ordinance requirements that other developers of R-8 subdivisions
have to meet, particularly in near and adjacent areas.
9. That regarding Section 11-2-419 C it is specifically
concluded as follows:
a. That there are special circumstances or conditions
affecting the property that the strict application
of the provisions of the set back Ordinance would
clearly be unreasonable, in that the lots have more
square footage than required for R-8 lots, the
°# .requested deviation from the Ordinance is not
substantial, and the only Ordinance not being
complied with is the R-8 Street frontage
requirement and the request pertains only to two
lots.-
b. That. strict compliance with the requirements of the
65 foot street frontage requirement would result in
extraordinary hardship to the applicant.
c. That the granting of the specified variance would
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 5
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not be detrimental to the public's welfare or
injurious to other property in the area in which
the property is situated.
d. That such variance would not have the effect of
altering the interests and purposes of the 65 foot
street frontage requirement of the Zoning
Ordinance, in that there would be sufficient
frontage.
10. That in regard to the first paragraph of 11-2-419 A,
which is quoted above, it is specifically noted that it states, in
part, as follows:
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.
11. That it is specifically concluded the Application for a
variance should be granted because the for only two lots it is
concluded that there is sufficient street frontage.
12. The City has in the past granted similar variances as
requested by the Applicant but has also denied such variances; each
application must stand on its. own merits and the granting of one
variance. is not a precedent for granting others.
~,
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 6
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APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The City Council of the City of Meridian does hereby approve
these Findings of Fact and Conclusions.
ROLL
COUNCILMAN MORROW VOTED
COUNCILMAN BENTLEY VOTED
COUNCILMAN ROUNTREE VOTED D
COUNCILMAN TOLSMA ~ VOTED
MAYOR CORRIE (TTE BREAKER
VOTED
DECISION
That it is decided the variance from the R-4 street frontage
requi~e~~~ f six y-f~ a feet is here y gran ed.
APPROVED ,~ ,
~~~ (~~--- DISAPPROVED:
•,
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 7
Meridian City Council
April 2, 1996
Page 7
•
Corrie: Can we make a motion on that? There are two issues now, the development
agreement and the CC&R's.
Morrow: I am prepared to deal with both, my motion would be that we instruct City
Attorney Crookston to meet with Mr.. Goldsmith and his representative Mr. McColl to iron
out the details of the development agreement and the CC&R's for Salmon Rapids
Subdivision. and that we approve both the CC&R's and the development agreement
contingent upon the resolution of those details.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, any further discussion? All
those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE
REQUEST FOR DOVE MEADOWS NO.2 SUBDIVISION BY DAVE LEADER:
Corrie: Council you have those findings of fact and conclusions of law in front of you,
Morrow: Mr. Mayor, having read the findings of fact and conclusions as prepared I am
going to offer up some items for discussion. I disagree with the findings of fact and
conclusions and will not be willing to support them in their current form. Under findings
#1, page four, if there are such special circumstances or conditions affecting the property
that the strict application of the provisions of this ordinance would clearly be impractical
or unreasonable. I think the issue here is that this certainly does apply with respect to this
plat Mr. Leader is asking for on this particular block something like 9 lots two of which
have less frontage but more square footage than the typical R-8 lot. That is defined by
essentially three stub streets which makes it extremely difFcult that the footage as required
by the ordinance (inaudible) one of those 1 believe is lacking 15 feet, one is lacking
something like 11 feet. It seems to me that the solution of that on that particular curve if
both are (inaudible) 65 feet now we are talking about extraordinarily large lots that are
totally out of conformance to the rest of the subdivision. The findings of fact and
conclusions as written indicate that this variance should be denied because there are no
extraordinary circumstances and I would suggest to you that common sense ought- to
prevail here that in a subdivision that is R-8 with essentially the lots of this square footage
to require an additional frontage that would make lots fully a third larger than the
remainder of the lots in the already approved phases of the subdivision already developed
it doesn't seem to me to make very good sense. So I would like to offer that to the Council
as maybe we ought to take a second look at this if they so wish.
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Meridian City Council
April 2, 1996
Page 8
Rountree: Is that you opinion (inaudible) is to make bigger lots?
Morrow: Really it is because you are already limited in terms of stub streets that exist, you
are limited in terms of the perimeter, exterior perimeter. You have a phase here that is
essentially nine lots. So for single family houses that have been approved in an R-8
district as you look at all of the other lots, the configuration there would be way out of
proportion to the other lots. I don't see where they have a lot of choice in terms of trying
to meet that frontage requirement on an inside curve.
Crookston: Mr. Mayor, the reason that the findings are prepared for the denial. is because
what was presented at the hearing and to which the Council can (inaudible) the
requirements of the variance ordinance aren't met. What you are saying Mr. Morrow is the
lots are larger than the R-8 requirement but they (inaudible) so let's give them a variance.
It is not in the ordinance that (inaudible) grant a variance.
Morrow: As I read the findings of fact though there are basically four items that the findings
talk about with respect to the ordinance and the variance is that correct?
Crookston: Yes
Morrow: Granted there is not an unusual topography or physical or other conditions that
are not self inflicted. But the issue is that by virtue of what is already there with respect to
the streets and the stub streets it does create some of those conditions.
Crookston: The applicant was the developer of Dove Meadows No. 1, so anything that he
has done is of his own infliction. If you are using how the plat lays out in the ordinance
requirements (inaudible) support the variance not the (inaudible) self inflicted.
Morrow: That would be true but some stub streets that are adjacent properties were
required by ACRD and not necessarily of the developers choice.
Crookston: That is certainly true. (Inaudible) there is a lot of property to the north that
could be used and if the entire property had been platted I don't think that this would be
a problem. (Inaudible)
Stiles: Mr. Mayor and Council, 1 would tend to agree with Councilman Morrow, these are
the largest lots in the subdivision, if the variance is denied what their likely solution would
be is to come in with a culdesac similar to the little bulbs that are shown on the northwest
comer and the Southwest corner of the plat. T hose are clearly less than 65 foot frontage
but because of the configuration of that little bulb in there or knuckle or whatever you call
it those are permitted frontages. I would see that probably their solution would be to come
Meridian City Council
Apri 12, 1996
Page 9
in with a similar configuration on those lots that will give a little more roadway but will:
essentially decrease the size of lots.
Rountree: I have a question for Mr. Smith, Gary has (inaudible) been involved?
Smith: I believe so, I think that was part of the number one subdivision.
Corrie: That is part of phase one.
Smith: I believe that the East Apricot Drive Stub and the Grapewood Drive Stub are
existing in that configuration.
Rountree: And that cross connection has been made?
Smith: Gingko yes, I don't remember there being anon-development agreement on that
subdivision, it has been so long since 1 have been out there I can't say for certain. I think
it has been because the public testimony, one of the gentleman that testified lived on the
corner of Gingko and either Apricot or Grapewood, he lived on one of those corner lots,
lot 1 or lot 2. Did everyone understand Shari's suggestion on that eyebrow or knuckle
situation? It would almost be a direct transposition of what is existing at Meadowglen
Avenue and East Grapewood, very similar configuration. We talked before about the
requirements on the frontages for these lots on a culdesac radius curve as opposed to a
sweeping curve. So that is how the development community side steps the 65 foot
frontage on a sweeping curve or an 80 foot frontage if it is an R-4 frontage by installing a
knuckle. It effectively puts them into a culdesac status in accordance with the ordinance.
It causes them to increase some pavement area and causes some increase in curb and
gutter and sidewalk length. I think it does conform to what the ordinance requires.
Rountree: If I understand Shari correctly that would not be a preference.
Smith: You have one on the corner of East Grapewood and Meadowglen, you have one,
it is more of a 90 degree corner at East Clarine and Meadowglenn. It, where you have a
decreased frontage like that as Shari mentions to me it does increase your availability of
parking, on street parking, gets that parking off of the normal travel way of the street. So
that is a positive.
Rountree: Without doing the engineering would it be your best judgement that could be
done and still maintain the lot size and the additional frontage that was required?
Smith: 6500 square feet on lot 3 and 4 with an eyebrow, yes, it is, take a look at lot 20 in
phase 2 right there on East Grapewood, that is a 6500 square foot lot and that is the
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Meridian City Council
April 2, 1996
Page 10
minimum size just in relationship of the size of those two lots. If you can envision or draw:
with a pencil a little eyebrow you are not going to reduce the lot that significantly. I think
you would easily have 6500 square feet remaining with an eyebrow. With an eyebrow then
it conforms to the culdesac frontage which is 40 feet, 40 foot chord. So with the 54, they
would change the lot line location between the two lots nor would they change the side lot
line on (inaudible) lot 3 or lot 4 they would just simply change the frontage configuration
lot line and make it a 54 foot radius along the front of those two lots with a couple of 20
foot return radiuses ,to get them back to tangent on the street. Maybe, I am not sure
whether it is going to overlap, it can't overlap into lot 2 because that is already platted: So
they may have to shift it a .little bit to the north to lot 5 but I don't think it would be of any
significance.
Tolsma: If that eyebrow was put in then the need for a variance is then moot, there is no
need for a variance.
Smith: That is con-ect, but since they have gone through the process and the findings have
been drawn you could I guess you could still adopt the findings as presented but they
would just simply have to come back and do what we have been talking about doing and
I guess that would be the end of the situation, it would be, if that is your desire, there is an
alternative forum and it doesn't appear to be a great economic hardship, it is going to cost
them a few square feet of pavement and some additional length in curb and .gutter and
sidewalk unless we are overlooking something just sitting here and talking about it. I think
that is all.
Rountree: Do you find that objectionable?
Morrow: Well it seems to me that we are doing an eyebrow and the ultimate cost is really
grass and landscaping to the original lot. We would be looking at any eyebrow for the sake
of getting around the variance requirement. I don't see any other reason there, I don't see
how the public benefits from having the eyebrow it certainly doesn't make trafFic any better,
it is on a sweeping curve now, the lots are of sufficient depth there is room for plenty of off
street parking, it just seems to me like the dirt ought to stay in the lots as opposed to
asphalt.
Tolsma: (Inaudible)
Morrow: Where are you looking Ron?
Tolsma: On the (inaudible) East Grapewood (inaudible)
Morrow: Well that is for the 90 degree turn that is not a sweeping turn.
•
Meridian City Council
April 2, 1996
Page 11
Tolsma: It is not a 90 degree it is only 45 degrees.
Morrow: Are you talking about this one?
Smith: The bottom
Morrow: It is a 45 degree turn okay fine.
Tolsma: And roughly has the same tum on the other street there. (Inaudible) but the other
one they are leaving out and that is (inaudible)
Morrow: Do you know that if it is on the sweep, the dimension of Lot 22 might be
somewhat less than the or the 45 feet or I'm sorry 50 feet, somewhat less than the 50 feet,
that would make it even smaller than the ones that we have here.
Tolsma: (Inaudible) sanitary easement through. there also.
Rountree: I have a question for Counsel, what is the precedent with the Council's position
previously on these?
Crookston: Well generally they look to it to see if it is going to be workable and look to the
ordinances to see if the variance is going to do harm to those ordinances meaning having
the developer meet the requirements of the development meant ultimately it is a question
whether or not the developer is asking to have the variance granted for things which the
developer has been in control of. The variance is really (inaudible) certain size lot and it
meets all of the requirements but you can't get the roadway in just because your roadway
or other thing let's say you have some type of sewer line or something like that and just
because rock that is there that would be a substantial hardship to be blasted out and
(inaudible) that is a topographical problem and that is what our variances are for so you
can address those problems. The testimony before the Council for this basically was well
I can't do it because of where Avest has placed his property and where the subdivision
lines are. But the subdivision lines are all placed by him. In my mind sometimes it is
looked too much of a question of or an issue of fact rather than an issue of law. If you
have facts that warrant the variance being granted because of the physical problems with
the land then a variance is warranted. But if you don't then you are just saying well the lot
will look just as good but it won't meet the requirements so we will go ahead and do it and
get the variance.
Morrow: Mr. Rountree, to partially answer your question, on page 6, item 12 it says the
City in the past has granted similar variances requested by the applicant and also have
denied such variances. Each application must stand on its own merit and the granting of
• •
Meridian City Council
Apri 12, 1996
Page 12
one variance is not a precedent for granting others. So that would indicate we have .
(inaudible).
Crookston: I will say this, it is the Council's decision.
Tolsma: I tend to agree with Walt down there in one sense that it should be grass rather
than asphalt and concrete. The only discrepancy is the eyebrow, the eyebrow is going to
really it will make it meet the variance or meet the ordinance but it is really not going to do
anything to raise (inaudible) street frontage to make that much difference.
Cowie: Are you prepared to make a ruling on the findings of fact and conclusions of law?
Morrow: I move that we reject the findings of fact and conclusions of law as written
Tolsma: Second
Cowie: Moved by Mr. Morrow, second by Mr. Tolsma that we reject the findings of fact and
conclusions of law as written, any further discussion?
Rountree: I guess I would say that it seems to me that the way these are written it could
go either way based on how you wanted to make the decision. The findings of fact could
stand on themselves (inaudible) denied or accepted based on the way it is worded, the
way I read it.
Crookston: That is pretty much true.
Mon-ow: How would you handle item 11 on page 6 where it says it is specifically concluded
the application for variance should not be granted because the applicant could design the
subdivision so that each lot and particularly these two lots and (inaudible).
Rountree: Just simply amend that one item or delete it.
Morrow: Or the easy way might be to not adopt these and just instruct for new findings to
be written. If there is any other language within these findings of fact it would need to be
amended or deleted.
Cowie: That is probably the easiest way and also the safest way.
ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Nay, Tolsma -Yea
MOTION CARRIED: 3 Yea, 1 Nay
. •
Meridian .City Council
April 2, 1996
Page 13
Morrow: Mr. Mayor, I would move that we instruct the City Attomey to prepare new findings
of fact and conclusions.
Rountree: Second
Cowie: Motion made by Mr. Morrow, second by Mr. Rountree that new findings of fact and
conclusions of law be drawn up by the City Attorney, any further discussion? All those in
favor of the motion? Opposed?
MOTION CARRIED: All Yea
ITEM #3: PRELIMINARY PLAT FOR DOVE MEADOWS NO.2 SUBDIVISION BY DAVE
LEADER; TABLED MARCH 5, 1996:
Cowie: So we can table that one until the new findings of fact and conclusions of law.
Tolsma: So moved
Bentley: Second
Cowie: Moved by Mr. Tolsma, second by Mr. Bentley that we table the plat for Dove
Meadows No. 2 Subdivision until the next meeting which will be April (End of Tape)
ITEM #4: FINDINGS OF FACT. AND CONCLUSIONS OF LAW FOR VARIANCE
REQUEST FOR ASHFORD GREENS SUBDNISION BY BRIGHTON CORPORATION:
Come: Council I believe, Counselor is this the one we were discussing? Okay, you have
the findings of fact and conclusions for the variance request which is a variance for a
variance.
Morrow: Correction on page 6, item 8, it is a typo that says John Turnbull it should say
David. I have a question on page 13, item 12, wee had talked about the information coming
from Nampa Meridian apparently it hasn't come, is that correct Gary? The Nampa Meridian
new design for cover ditches with gravel and fencing, we don't have any confirmation from
Nampa Meridian on any of that information is that correct?
Smith: I haven't seen anything.
Morrow: Essentially what these findings of fact do is that they decide not to decide due to
the lack of information.
t
• •
c
MERIDIAN CITY COUNCIL MEETING:- __ APRIL 2.1896
APPLICANT: ITEM NUMBER; 2
REQUEST; VARIANCE REQUEST FOR DOVE MEADOWS NO 2 SUBDIVISION
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW
CITY POLICE DEPT: '
CITY FIRE DEPT: ~ ~ ~~
CITY BUILDING DEPT:
~~ ~
MERIDIAN SCHOOL DISTRICT: /) ~~
MERIDIAN POST OFFICE: ~" ,//\
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION;
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
~'~' ~
r
AI! Materials presented at public meetings shall become property of the City of Meridian.
u
L J
BEFORE THE MERIDIAN CITY COUNCIL
APPLICATION OF DAVE LEADER
FOR A VARIANCE FROM THE R-4 STREET FRONTAGE
REQUIREMENT OF 65 FEET
FINDINGS OF FACT AND CONCLUSIONS
The above entitled variance request having come on for hearing
on March 19, 1995, at approximately 7:30 o'clock p.m. on said date,
at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho,
Ted Hutchinson appearing for the Applicant, and the City Council
having heard and taken oral 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 March 19, 1995, the first publication of which was fifteen ( 15 )
days prior to said hearing; that the matter was duly considered at
the March 19, 1995, 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 this requirement has been met.
3. That the property is zoned R-8 Residential; that the
Zoning Ordinance, 11-2-410 A, requires that the street frontage in
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 1
•
the R-8 zone for single-family subdivisions be 65 feet.
4. That the Applicant has requested that he be granted a
variance from the minimum street frontage requirement for R-8 zoned
lots for Lots 3 and 4, Block 3, of Dove Meadows No. 2 Subdivision,
and be allowed to have street frontage of 50.00 feet in Lot 3 and
54.00 feet in Lot 4 in lieu of the required minimum of sixty-five
(65) feet of street frontage.
5. That Ted Hutchinson, representing the Applicant,
testified as follows:
"We are seeking a variance of the street frontage requirements
for two lots in the second phase of Dove Meadows No. 2. These
lots are located on a curve that affects our ability to
provide adequate frontage for these. This is also affected by
the street location which was predicated by the platting of
Dove Meadows No. 1. The change in the street layout with the
development of the Avest property there were some changes in
the street layout which would have affected, ultimately, the
lay out of Dove Meadows No. 2. These lots exceed the minimum
lot size in the R-8 zone and in fact the two lots, one of the
lots is 8,594 square feet in size, the other lot is 9,062
square feet in size. This is considerably larger than the
6,500 square feet required by the R-4 [R-8] zone. We are
seeking a variance brought down to approximately 50 feet for
Lot 3 and to 54 feet for lot 4 on Block 1 of this subdivision
proposed. Excuse me that is Block 3 of Dove Meadows No. 2. We
believe that with the constraints and the size of the. lots
that is appropriate for this variance to be approved. The
letter that I submitted with the application I outlined the
findings that must be made by the Council when they are
reviewing the variance request . In that letter I also tried to
address those findings to provide the evidence and the
informatioT. that you would need to be able to support this
variance request. With that I would answer any questions the
Council would have at this time."
6. That the Applicant is the owner of record of the
property.
7. That Applicant developed Dove Meadows No. 1 prior to
developing Dove Meadows No. 2, which is where these lots that he is
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 2
• •
requesting the variance for are located; that Dove Meadows No. 2 is
in the preliminary plat stage of development, which has not yet
been approved and was before the City Council on March 19, 1996.
8. That the Planning and Zoning Administrator, Shari Stiles,
commented on the proposed plat of Dove Meadows No. 2 that all lots
must have a minimum frontage of 65 feet unless on a cul-de-sac and
must have minimum square footage of 6,500 square feet.
9. That Bruce Freckleton, Assistant to the City Engineer,
commented on the preliminary plat that the minimum street frontage
for Lots 3 and 4, Block 3, and Lots 21 and 29, Block 2, shall be
sixty-five (54) feet, measured at the arc for the curved portion,
per City Ordinance.
10. That no people appeared at the hearing objecting to the
variance application.
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 of the proposed
subdivision 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 and upon the record submitted
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 3
• •
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 Planning and Zoning 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
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.
7. 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
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 4
• •
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 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.
8. That there does appear to be a specific benefit or
profit, economic gain or convenience to the Applicant in that the
Applicant would not have to meet the ordinance requirements that
other developers of R-8 subdivisions have to meet, particularly in
near and adjacent areas.
9. 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 set back
Ordinance would clearly be unreasonable, since
other developers are being asked to do the same
thing as the Applicant and Applicant lad the
ability to design the lots to meet the street
frontage requirement and still has the ability to
change the layout of the lots, in that the
subdivision is in the preliminary plat stage.
b. That strict compliance with the requirements of the
65 foot street frontage requirement would not
result in extraordinary hardship to the applicant
as a result of factors not self-inflicted, in that
he is designing the subdivision and the subdivision
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 5
•
is only in the preliminary plat stage, which has
not been approved.
c. That the granting of the specified variance would
not be detrimental to the public's welfare or
injurious to other property in the area in which
the property is situated, but the Applicant has the
ability and the land to provide these lots with the
required street frontage.
d. That such variance would have the effect of
altering the interests and purposes of the 65 foot
street frontage requirement of the Zoning
Ordinance.
10. That in regard to the first paragraph of 11-2-419 A,
which is quoted above, it is specifically noted that it states in
part, as follows:
"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."
11. That it is specifically concluded the Application for a
variance should not be granted because the Applicant could design
the subdivision so that each lot, and particularly these two lots
for which the Application has been requested, would have 65 feet of
street frontage; there are no geographic or topographical reasons
why the 65 foot frontage could not be met, and that the only
reasons presented for the variance were that design of Dove Meadows
No. 1 and that the Avest development caused these lots to be laid
out as they have been shown on the preliminary plat, if that in
fact is a reason.
12. The City has in the past granted similar variances as
requested by the Applicant but has also denied such variances; each
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 6
application must stand on its own merits and the granting of one
variance is not a precedent for granting others.
APPROVAL OF FINDIH~rS OF FACT AND CONCLUSIONS
The City Council of the City of Meridian does hereby approve
these Findings of Fact and Conclusions.
ROLL CALL:
COUNCILMAN MORROW VOTED
COUNCILMAN BENTLEY VOTED
COUNCILMAN ROUNTREE VOTED
COUNCILMAN TOLSMA VOTED
MAYOR CORRIE (TIE BREAKER) VOTED
DECISION
That it is decided the variance from the R-4 street frontage
requirement of sixty-five feet is hereby denied.
APPROVED: DISAPPROVED:
FINDINGS OF FACT & CONCLUSIONS OF LAW - Page 7
., ~ •
Meridian City Council
March 19, 1996
Page 16
comp plan and we are having a discussion with them next month. I guess it is the Council's
decision on how they want to handle this.
Morrow: Well Mr. Mayor I would think the resolution to that would be between us and
ACRD. Obviously we have a difference of opinion as to what the status of that road is and
under one scenario there is not a bike lane and under another there is. Our comp plan
clearly calls for an arterial and bike lane so I think it is up to us to resolve that whether who
prevails at this point I don't know. I would think it would be in our best interest to press
ahead with the bike lane there. Because if I remember correctly that is a corridor, Pine
Street is a corridor that ultimately ties us to West Boise and there has been a lot of
thought given to making that whole system work. So I think we will take that and handle
that.
Elg: Thank you
Morrow: Mr. Mayor, I would move that we approve the final plat for Gemtone Center No.
2 subject to al staff, ACRD, Irrigation conditions with the exception that the City of Meridian
and ACRD will resolve the difference of opinion concerning the bike lane and the
classification of the street.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, any further discussion? All
those in favor say aye? Opposed?
MOTION CARRIED: All Yea
ITEM #6: PUBLIC HEARING: VARIANCE REQUEST FOR DOVE MEADOWS NO. 2
SUBDIVISION BY DAVE LEADER:
Corrie: Mr. Leader or your representative like to come forward please.
Ted Hutchinson, Tealeys Land Surveying, 109 S. 4th St, Boise, was sworn by the City
Attorney.
Hutchinson: Mr. Mayor and members of the Council, we are seeking a variance of the
street frontage .requirements for two lots in the second phase of Dove Meadows No. 2.
These lots are located on a curve that affects our ability to provide adequate frontage for
these. This is also affected by the street location which was predicated by the platting of
Dove Meadows No. 1. The change in the street layout with the development of the Avest
property there were some changes in the street layout which would have affected
~ ~ •
Meridian City Council
March 19, 1996
Page 17
ultimately out of Dove Meadows No. 2. These lots exceed the minimum lot size in the R-8
zone and in fact the two lots, one of the lots is 8594 square feet in size, the other lot is
9062 square feet in size. This is considerably larger than the 6500 square feet required
by the R-4 zone. We are seeking a variance brought down to approximately 50 feet for Lot
3 and to 54 feet for lot 4 on Block 1 of this subdivision proposed. Excuse me that is Block
3 of Dove Meadows No. 2. We believe that with the constraints and the size of the lots that
is appropriate for this variance to be approved. The letter that I submitted with the
application I outline the findings that must be made by the Council when they are
reviewing the variance request. In that letter I also tried to address those findings to
provide the evidence and the information that you would need to be able to support this
variance request. With that I would answer any questions the Council would have at this
time.
Corrie: Council any questions? Anybody else from the audience that would like to give
testimony on this variance request? Council any discussion here? I will close the public
hearing.
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 Dove Meadows No. 2 subdivision.
Rountree: Second
Corrie: Moved by Mr. Morrow, second by Mr. Rountree on the variance request to have
the city attorney prepare findings of fact and conclusions of law, any further discussion?
All those in favor of the motion say aye? Opposed?
MOTION CARRIED: All Yea
ITEM #7: PUBLIC HEARING: TRANSFER OF CONDITIONAL USE PERMIT TO NEW
HORIZON CHILD CARE BY TRUDY CUMBA:
Corrie: Is Trudy or anybody here for this? I will open the public hearing at this time.
Penny Madrid, 5510 South Beaver Place, Boise, was sworn by the City Attomey.
Corrie: Is this the one for 1830 North Meridian Road?
Madrid: Yes
Corrie: Do you have anything you want to say? Any questions for Council?
• •
MERIDIAN CITY COUNCIL MEETING: MARCH 19.1996
APPLICANT: DAVE LEADER ITEM NUMBER; 6
.REQUEST; VARIANCE REQUEST FOR DOVE MEADOWS N0.2 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:
COMMENTS
"REVIEWED"
SEE ATTACHED COMMENTS
a~
P
1~ ~ ~
~~
~,~~ ~~r
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
WILLIAM G. BF_RG, 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" 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 WorksBuilding Department (208) 887-2211
Motor VehiclelDrivas License (208) 888-4443
ROBERT D. CORRIE
Mayor
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
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: March 12 , 1996
TRANSMITTAL DATE: 2/27/96 HEARING DATE: 3/19 /96
REQUEST: Variance for Dove Meadows Subdivision No 2
BY: Dave Leader
LOCATION OF PROPERTY OR PROJECT: Proposed Lots 3 ~ 4 Block 3 of Dove
Meadows No. 2 Subdivision
JIM JOHNSON, P/Z
MALCOLM MACCOY, P/Z
JIM SHEARER, P/Z
-GREG OSLUND, P/Z
-TIM HEPPER, P/Z
-ROBERT CORRIE, MAYOR
-RONALD TOLSMA, C/C
-CHARLIE ROUNTREE, C/C
-WALT MORROW, C/C
-GLENN BENTLEY, C/C
.-WATER DEPARTMENT
-SEWER DEPARTMENT
-BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM ~ FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMAR S:
CITY ENGINEER
CITY PLANNER
CITY OF ~ERIDIA'~
" ~,~, OFFICIALS
WILLIAM G. BF_RG, 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" 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
GOUNGIL 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
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: March 12 , 1996
TRANSMITTAL DATE: 2/27/96 HEARING DATE: 3/19 /96
REQUEST: Variance for Dove Meadows Subdivision No 2
BY: Dave Leader
LOCATION OF PROPERTY OR PROJECT: Proposed Lots 3 8~ 4 Block 3 of Dove
Meadows No. 2 Subdivision
JIM JOHNSON, P/Z
MALCOLM MACCOY, P/Z
JIM SHEARER, P/Z
GREG OSLUND, P2
TIM HEPPER, P/Z
ROBERT CORRIE, MAYOR
RONALD TOLSMA, C/C
CHARLIE ROUNTREE, C/C
WALT MORROW, C/C
GLENN BENTLEY, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PREUM & FINAL PLAT)
CITY FILES ~, a ~`
OTHER:
YOUR CONCISE REMARKS:
~_
• HUB OF TREASURE VALLEY •
Va'ILLIAM G. BF_RG, 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" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
A Good Place to Live
CITY OF 1Vt~RIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public WorksBuilding Department (208) 887-2211
Motoc Vehicle/Driver; license (208) 888-4443
ROBERT D:. ~ORRIE
Mayor
GOUNGIL 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
TRANSMITTAL TO AGENCIES FOR CO1Vfl~iENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the
MerFdfan Gity Council, please submit your comments and recommendations to
Meridian City Hall, Attn: Will Berg, City Clerk by: March 12 , 1996
TRANSMITTAL DATE: 2/27/96 FARING DATE: _ 3/19 /96 1-~---
REQUEST:
BY: Dave Leader
LOCATION OF PROPERTY OR PROJECT:
JIM JOHNSON, P/Z
~MALCOLM MACCOY, P/Z
JIM SHEARER, P/Z
GREG OSLUND, P/Z
TIM HEPPER, P/Z
ROBERT CORRIE, MAYOR
-RONALD TOLSMA, C/C
-CHARLIE ROUNTREE, C/C
WALT MORROW, C/C
-GLENN BENTLEY, C/C
WATER DEPARTMENT
-SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM ~ FINAL PLAT)
INTERMQUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES
YOUR CONCISE REMARKS: (
i4f-~,~
MAR - 5 1° 6
CITY OF i~1E~i~.3~~,~