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Pipco VAR HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live City Cou~~~l Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD City Clerk Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 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: October 20. 1999 TRANSMITTAL DATE: October 7. 1999 HEARING DATE: November 3. 1999 FILE NUMBER: VAR-99-008 REQUEST: VARIANCE - of the East Side Yard Setback (reduction from 10 feet to 7 feet BY: PIPCO, LLC LOCATION OF PROPERTY OR PROJECT: NORTH ON W. BROADWAY AVENUE AND WEST 4T" STREET TAMMY DE WEERD P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _ SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: JUL 08 '97 1823 FR CITY (~ MERIDIAN 208 887 4813 TO 3452950 • CITY OF NIERiDIAN -33 F.sst Idaho Street, 14leridian, ID 83~4Z ~~. P. 0510'7 t~ r<_ ~~~ i; !'' .~,1~ Cdr .{- P~. _., ~,~~ao8' VARIANCE AP'PLTC~TTON - (RE: Nteridian Zoning Ordinance) .,_:~?~ =Y ~. NA1Vil/_ PIPCO, L.L.C. Phone: 866-5540 (Qw~r or holder of valid aptian} AbDRESS: 11355 CAMAS, BOISE, IDAHO 83709 GENERAL Lt~CATIQN: NORTH ON W. BROADWAY AVE[VCJE AND WEST 4TH STREET LEGAL DESCRIPIZON (~F PROFERT'Y: NW 1 / 4 SE 1 / 4 SECTION 12 T 3N, R 1 W PROOF QF UWNERSHTP OF VALID OP'CI(~N.: A copy of your property deed or option agreement must bs attached. PRESENT zoNE CLASSr~cArYOrr: VICINITY SYt;'ETCI~: A vicinity mall andlar site plan at a scale approved by the City showir~ properly lines, streets existing and prapaserl aanui~ and. snob other items as the City may ruluire. SCIR120ITNDING PROPERT'Y' QiiVNI;.RS: A list of all prQparty owners and addresses within, contiguous to, directly across the street from, acid within a 3~° radius of tha pafcel(s) prapased for a variance must be attached. (This information is available fmm the County Assessor.} DESCRIPTIQN QF PRtJPOSED VARIANCE: VARIANCE OF THE EAST SIDE YARD SETBACK ( RIDUCI'ION FROM 10 FEET TO 7 FEET ) SICsNATURE: '' ('TTY COITNCIL REC''t:)RDS Date Received. City Couneii Hearing Date R-15 Received by r • VARIANCE APPLICATION FOR SEABURYPROPERTY 1. ADDRESS OF SUBJECT PROPERTY: W. Broadway Avenue 2. APPLICANT: PIPCO, LLC 11355 Camas, Boise, ID 83709; Phone (Chet Pipkin & Steve White 866-5540) 3. OWNERS OF RECORD: PIPCO, LLC 11355 Camas Boise, ID 83709 Phone: (Chet Pipkin & Steve White 866-5540) 4. DEED & AFFIDAVIT OF LEGAL INTEREST: Attached 5. LEGAL DESCRIPTION: Attached 6. Property is currently vacant. 7. The applicant is proposing to construct a tri-plea. 8. Existing zoning R-15. 9. VICINITY MAP: Attached. 10. BUILDING PLAN: Attached 11. List of property owners within 300 feet is attached. 12. Characteristics of the property which prevent compliance with the ordinance: Encroachment of a carport and fence on the west boundary of the property. The neighbor will not cooperate with the property owner and relocate the carport or fence. All fences along the Broadway parcels are off by 7 feet. 13. Minimum requirements of this Ordinance that need to be reduced to permit proposed used: Side yard setback often feet in the R-15 zone for a two story tri-plex. Reduction to a 7 foot side yard setback on the east property line. 980612\variance-app • • 14. Difficulty or hardship which would result if requirements of this Ordinance were applied to subject property: A structure cannot be constructed on the lot due to neighbors encroachment. 15. Unusual or peculiar circumstances which indicate that regulations of this Ordinance should not be strictly complied with: Property boundary problems in this area have created a unique situation that cannot be resolved with the neighbor. The applicant has to accommodate the encroachment of the carport and fence. 16. Statement that special conditions and circumstances exist which are peculiar to the land, structure or buildings involved which are not applicable to other lands, structures or buildings in the same district: The neighbors have assumed for years the property boundary was the existing fence line. Modifications of the neighbor's fence and carport would cause a hardship. 17. The lot is only 66 feet wide. Reduce the lot by the two 10 foot setbacks and the 3 foot overhang and the lot has a buildable area of 43 feet. This 43 feet is difficult to build upon. 18. The property boundary problems have existed for many years, predating the applicant. 19. The request is not privileged treatment of the property, since the situation was not the result of any action by the applicant. 20. This request does not contradict the Meridian Comprehensive Plan. 21. Fee attached. 22. This request is to satisfy the wishes of the neighbor on the west. She does not want to relocate the carport or fence. The variance will allow the carport and fence to remain. 23. Briggs Engineering will post the property. 980612\variance-app • DESCRIPTION FOR SEABURY SUBDIVISION ONE TIME SPLIT PARCEL August 9, 1999 A parcel of land lying in the SE '/4 of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northwest corner of the SE'/< of Section 12, Township 3 North, Range 1 West, Boise Meridian, thence N 89°46'23" E 660.00 feet along the north line of said SE'/4 to a point; thence S 00°00'00" E 500.26 feet the REAL POINT OF BEGINNING of this description; Thence S 00°00'00" E 129.74 feet to a point on the northerly right-of-way of Broadway Avenue; Thence S 89°46'20" W 66.00 feet to a point; Thence N 00°00'00" W 130.00 feet to a point; Thence N 90°00'00" E 66.00 feet to the REAL POINT OF BEGINNING of this description. Said parcel of land contains 0.20 acres, more or less. Michael E. Marks, P.L.S. No. 4998 980612\SEABURY-SPLIT-DES ~FFIDAVIT OF LEGAL INTERES • STATE OF IDAHO ) ss COUNTY OF ADA ) I STEVE WHITE, PIPCO, L.L.C. 11355 CAMAS Name Address BOISE ~ IDAHO 83709 ,being first duly sworn upon (city) (state) oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to BRIGGS ENGINEERING, INC. (BECKY BOWCU'IT) 1800 W. OVERLAND RD., BOISE, ID 83705 (name) (address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this day of , 19 (Signature) SUBSCRIBED AND SWORN ®~~~s~o~estra~as~~ e wQa®®g .~oT~R Y ~,°~.~ ~,~ ~ ~'U13L1G • ~ ~°• a* me the day and year first ab a written. ry Public fo aho ding at t ~ ~~ c My Commission Expires: ~ ~~ ~ ~~'~ Y f\ ~~ R-8 300 S W IDAHO AVE A T N N O ~ ; W BROADW.~'TOE-------~ 0 300 BRIGGS ENGINEERING, INC. g101NEFAINp BRIGGS INC. (208) 344-9700 1800 W. OVERLAND ROAD BOISE, IDAHO 83705 • CARLTON AVE , P OppS ~ S U EJ gpN- _ ~ I ~ /~ FtFtA O AVE ~ o- R- 5 HE BY ~ S IT zo e 600 Feet I-L "°- W ~ R T P UNION PACIFIC RAILROAD SEABURY VARIANCE REVISION PORTION OF THE SE 1/4 OF SECTION 12, T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO SHEET DESIGN ~ DRB B ~ SC;LE 300 I DAT~E~B~ I DW9G~N0. 1 OF 1 ~~ 1980817V.APR PARCEL OWNER S1212427976 PIPKIN CHESTER & SUSAN M AND ?/ S1212427961 MADSEN DWAYNE L & LUCY ANN '~j 88378190010 RADER LOREN C & 88378190020 RADER LOREN C & 88378190030 SIENKNECHT MARY F AND tj S7212427920 STIPA MICHAEL B 51212427941 STIPA MICHAEL B (~ S1212428280 CONNER CLARENCE ET UX ~ S1212428192 THORNE TORY L & WILEY- STACI 51212428072 MURRELL ERIC J & NELDA A 88378190040 WARING KELLIE JO & BRADLEY T jp 88378190050 UPDIKE JACOUELINE S 88378190060 UPDIKE JACQUELINE S // S1212428076 CORP OF CHURCH OF LDS /2.51212428180 HANEY ROY T & ARIEL L /~ S1212428294 WANG LOUIS F j~tS1212428292 SLANSKY JOE V & LELA M j5 S121242829o PACK ALAN R & DEANN K j4~ S1212428228 HENNING ROGER M & IRIS N / 51212428296 FREEBERG JOHN & BONNIE TRUSTEE f S1212428288 JARRETT WILLIAM E JR & VIDA M 51212428220 FOLEY J C & MARTHA C '~D S7212428302 CHANDLER ALLAN T 8 JOYCE M AND ~/ S1212428306 HADLEY DOUGLAS G AND SONJA K ~2 S7212428308 LEIGHTON TRACY WILLIAM & S1212428310 TIMSON GARY C & PEGGY L $ ~S1212428313 HOPKINS RAYMOND W y~SS1212428349 TREATLOLA MAY ~~51212428367 DEUBER THOMAS SCOTT & SHEILA R OWNADDI BEARD JAMES A & LISA M RADER ROSILYN J RADER ROSILYN J SIENKNECHT DEBORAH I CHRIS CONNER TAX DIVISION WOODEN KAY R WHITE ERIC S & VICKI K WENDY L OWNADD3 79 E AIKENS 603 W PINE AVE P.O. BOX 713 P.O. BOX 713 582 W IDAHO AVE 9260 W CORY LN 9260 W CORY LN 3517 S ASHBURY WAY 14113 W BATTENBERG CT 7224 COLT DR PO BOX 16686 2208 SE 05TH WAY 2208 SE 05TH WAY 50 EAST NORTH TEMPLE 2ND FLOOR 502 W BROADWAY AVE 1507 YUKON DR 644 W BROADWAY AVE 636 W BROADWAY AVE 528 W BROADWAY AVE PO BOX 542 624 W BROADWAY AVE 522 W BROADWAY AVE 685 W BROADWAY AVE 11204 W BLUECANYON CRT 631 W BROADWAY AVE 621 W BROADWAY AVE 607 W BROADWAY AVE 521 W BROADWAY AVE 511 W BROADWAY AVE OWNLAST EAGLE ID 83616 MERIDIAN ID 83642-2136 BOISE ID 83701 BOISE ID 83701 MERIDIAN ID 83642-2542 BOISE ID 83704 BOISE ID 83704 BOISE ID 83706-6414 BOISE ID 8 3 71 3-1 241 BOISE ID 83709 BOISE ID 83715 MERIDIAN ID 83642-7417 MERIDIAN ID 83642-7417 SALT LAKE CITY UT 84150 MERIDIAN ID 83642-2531 SUNNYVALE CA 94087-4453 MERIDIAN ID 83642-2405 MERIDIAN ID 83642-2405 MERIDIAN ID 83642-2531 NAMPA ID 83653-0542 MERIDIAN ID 83642-2405 MERIDIAN ID 83642-2531 MERIDIAN ID 83642 BOISE ID 83713 MERIDIAN ID 83642-2404 MERIDIAN ID 83642-2404 MERIDIAN ID 83642-2404 MERIDIAN ID 83642-2530 MERIDIAN ID 83642 2/ ~~s x 1, ?3~ = ~ 5~f~ ~~" :~~, ., AUG.-31'99(TUE) 22:51 NOME FEDERAL NAMPA TEL:208 469 500 P. 001 AUG. -10' 991TUE) 12:12 ~E FED - _- _~...- -- -~ -- -_ f+oti$" Fax Note 7671 oaaa ~~ ~ From ~.. ~' Q~UfTCLA -~_ ~'~ F=t = Fats Y FOR VALt)t3 AIIiCBIVPD _: Che6tez L. pipkin and Susan ffi. Pipkia, husband and wife and .1ama9 A. Beard aad Lisa H, Beard, huahand and vif4 is $o herebtr convep, emlase, remise and Eod+ever q-ilt claim nnto PIPCf], A Limited Liability Compatty r,' c~l~+. w'twxaddres~ls !1355 Camas, Boisa, ID 83T09 ': ir+ _ . tilt Eafto~wirlR rlescrA,cd premises, bawlr. ~C O R DER a~}a cou ~ R O $ ~ ' S~ ATTACHED E]f1iIBITt''~~~t,10AH0 '1999AU29 ~Aid111~23 STATE OP IDAHO. CAUN1'Y OF ~C~ On teis ~O~ dq d Ay~,.c} . 1998 . 6efote me, • noauT Ptildic in red [a ~ ~ id Suoq pbmndlt /r ~~ -" `l_' ^PPe~ed .ThMaS >1~ l~rn~o 4w[Y L~Sr. h1 ' . ~ ~`~ y`am` . t r ~' keowe m me a tx me p~nea T .hme moe t s ~ ~ AG ~~ S 8LI C. wb.erib=d to the +vit6in ..d .drauleda.t o me ~Te . ~ O tint ~y ~~ ~..... --- , - ~~,,, ~'rt<_ "t' 4 ~ ° Niptit, Pnbiic - r ~ comm. Enpitn 6(M/a'~3 t sp' ~L~~O +~ ~ °° ~ ' •' ' I~- toget9ur w*it11 t'hetr :ppuriailanCC. Y ~T g O,p i 9 Datcd: ~ f Iq f Qq - A RECpRpED-REQU£ST D!' 99084177 STwtE OP IDAtKI, OOUN'1Y OF /d~q STATLOM HlANO, C,0tiN1'Y 08 0. ~ 19~ dq d ~ut~ .199'9 . Op Chit ~ j'~ t~ hetxe ~`' ' °p~P p~ ~° ~md for lolora au, ~ 4Eo Ik, rdd Su~i~ ! Uy sprrand s~.fe.-, M. P~~IC•a ~4a 1 O~~o . ~ ~ ~ to to ~ w i t nemc N~ rwb+rrlpul' ~ 'tV •~it6in ~ S etro~n m me m 6e tee Petsos trAox Cr ZQ ? oml Wk~atvle~xrd M tobtttibed b tee .~teia ixatweoy , .~.. ~ .~ • ar aucvkJ U~c xarc. ehv _ ~- Lv - Pr114 ~s Public Ilxi/Ga xQy,Xau.7uq i~ 1<aidiog u ~i./R , id~eo Gmm, ti=pboy~ •~ 3. ~ Comm. Esptet [/ro~~pu 7 ~I ONCr~ T~Ti,~ ,COMPANY azj So. KimUail Or CANYON QOUNT.'~ 100 - 14Ht Ave. Sotull Caldwell, Idahp 89603 Nsmpa, Idalw 8351 CCO-1e11 .1 QQ4 9 fil ~ SG ,JLI Vl 1JJJ 1V'JV ~r.~a ncs~ ~rarn GVV ~I'VV JVV"! ~c P Lli f . Vl AUG. ~31' 99 (TUE) 22:55 HOME FE~AL NAMPA s~ of ~ } ss ao~iy OF 1~lO~i ~ TEL 208 ~ 5004 P. OQ7 ~n ~ , in the year 199l, befa~+e me, a NaKaty Public in and said State, pe~'sanally appeared Q~i~it L. P't~i ArID 5ks~r P4 . P+~K'h , lvown aer identitisd to ms to be the w~ioee name is sub®cribad bo the within Irt as ane of the Members of F11~7D Ii~C, midi is la~aw~s ae• ic~tified to me to be the entity ta~nee rnme is gibed to the within instYVpaetit, and a~cla~owZeck~ed to me that he eaaeout+ad the same in said Limited t•; ah; t ity Qc~7any~ c name. ~~,~.•...~.~..n , .~ fgEY L-, B'.,y ~ ~~ ~'Nh °A ~~ ~ i f O T ~4. °~c ~'~ ~i '~ 7 of Idabc ~ O1 , ~ ~, -. ~ P®S t B S8, I~ . ~ . ~ .. : U :c .~ oweaimsias Expires:. ~i/,~laoo3 .~ t . - `~ O~ .`'4' , ~~ -y ~ • L i C ~ ,~ , .~ • c'• o~~~CJO~ O ~- ' SEP-01-1999 10=58 208 468 5004 P_0~ ' ~kUG. -31' 99 (TUEi 22 ~ 52 HOME Ff,~ERAL NAMPA TEL~208 45004 A parc8~. of laAd Iyiriq in the Louth Eaat quarter of Section 12, ToMitship 3 Noxtt~, Range 1 bleat, Doiee Heridian, Ada County, Idaho, mono particularly dsgoribed as lollovss commencing at the North~toat eornAr o! the South East Quarter o! 8eCtlori i2,'Tovnsbip 3 North, Range 1 West, noise Neridi~tr,; tbenae Nortb 69•~6~23•' Tsast 660.00 feet along the North line of said 8outtr East Quarter to a point; thenoa gouth 00.00'00" Eaat, 500.26 feat to the REAL POINT OF AEGIN1i2NG o! this description; thence Beuth 00•'00'00" Eaet, 129.7 test to a point on tha Northorly right of nay of Hroadtaay Avenue; thvnos South 89°4620" West, d6_vo feet along said right o! .ray to a poiltt; tbence North 00.00'00" Hest, 130.00 feet to a point; thongs North 90°0000" Eaat, 66.00 lest to the REAL POINT OF AEOxNNING of this dascription. P. 002 SEP-01-1999 10 56 208 468 5004 92: P.02 AUG~-3I'991TUE) 2252 l0 _ TEL:208 ~ 5444 ~aA i:aut~TY RECORDER •~• anytD MAVARRfl r "r: ==. iQ~s+O X999 ~ti 23 ~; t{= 23 P. 043 REGORGED • REQUtST OF FEE ~ DE ~._,_„ 990541?8 F~sr r~av iao~aaA ~ ~ ~ ~~ ~ IyDEED OF TR[.TST l THIS DEED OE TRUST ("Security Insinnnent"} is made on Augteat 10,~ 199.9 The grantor ~s PIPCO LLC A LIMNED LIASILZTY -CO11dJPJll~]C ' ("Borrower'). T~ t:testee is First American Title Cor.:pany of Zdaltro, IAC. (~Trtrse~"). The beneficiary is Boma Federal Savings and Loan 1lstaociation of Dlaaspa whictr is organijxd and existing under the tatirs of the IInit~ stelae o! America , ate wl~ address is 500 1Zth Avenue South, 2dampa, Id 83651-sZ00 a~~ _ t"~~")- .8onnvrer owes Lender t~ priaci~i sum of O>tiz HQNDRED EIGHTY THOUSAND ADID 00/IOff• Dollars (U-S. $ 280, 000.00 :. 'I7iis debt is eviderlCed by Borrower's etote daoed the saute date as this Security Instrumetu ~ "Note"), which provides fn: ~ ~, uuhly payments, with the fait debt, if not paid earlier. due and payable ~ February i, 2000 .This ti~_.uriry Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, atxt all renewals, ~ •.tctl5ionS and modifications Of the Nae; (b) •tbe paymem of au other sums, with inretest, ad~~artced under paragcap~h 7 to pr~~~ect the security of this Security. Instrument: sad (c) rise performance of Borrower's covenanrs and a,rzentents unii~: c this Security IncRumsnt sad the Note. For this purpose, Borrower irrevocably grants and c~~nveys to Trustcc, intrust, .•~:~'.: ta»~~er of sate, the following descrebed property located is 11DA SEE ATTACHED EXHI$IT ":," which has the address of rrrtA W Bxo ~. ~ ~~ S[ [~Kcl Idaho $ 3 6 4 2 (°p~nY Address"): tLip Code] IDAHO - Sinclc Family - }';t-u~ic MaNbSreddi~ ~!,.~ (~uiferm ~~MTerxa t9s~i) SEP-01-1999 10 56 HOME FE~AL NAMPA (Page 1 of 6 pales) 208 468 5004 >~]RZDZAN [~rl Cooney, Idaho: Loan Ngmbes: 0149047616 Fast 3pt~ 9f90 GRFJ-n~wo • s.ar,cac i.wo.5~.~ qe~e.»,.iui 98~ P.03 AUG. -31' 99 (TUE1 22:53 HOME F~RAL NAMPA TEL: Z08 45004 P. 004 Lender's approval which shall not be unreasonably withts~dd. If Borrower fails to maintain coverage described above, L.cnder may, at Cinder's option, obtain coverage to protect I.eada's rights is the Property is accordance wills paragraph 7. Art insurance policies and rsnewats shall be acceptable to Leader anti shall incltsdc a standard mortgage clause. Lender shall have the right to hold the polies and renewals. If bender roquaes, Borrower shall promptly Qivo to Leader all receipts of paid premiums and renewal notice:. Ia the event of loss, Borrower shall give prompt notice to the mstuanoe carrrcr anti header. Lender may make proof of loss if not made promptly by Borrower. Unless Lerida and Borrower otherwise agra in writing. insurance ~nceods shall be applied to restoration or repair of the Pro1~Y ~~~, ~ the restoration or repair is eooaoaaicalty feastbk and Lender's security is aoc lessened. If the restoration or repau is not economically fcasrble or Lender's setxtrity would be lessened, the insurance proceeds shaII be applied to the sums secured by this Security Instrsaateat, whether or not then due, with any excess paid to Bocr'owet. If Borrower abandons the Propcaty, or does not answer within 30 days a notice from Gender ffiat the insurance caerier has offerexi to settle a claim, then leader may collect the iaswance proexxx~s_ Lender may use the proceeds to repair or restos the Property or to pay isms secured by this Security Instrummnt, whether or not then due. The 30-day period will begin when the notice is given. Unless Lerida and Borrower otherwise ague in writing, any application of procads to principal shall as extesld or pustpnne the due date ofpth,„e.tt~sonthlY payrr~nts refeaed to in gsragtap~ss 1 and 2 m c~sauge the amount of the payments. If from darn a~thE ~ ' • ~`, is ~gtsired by Lender, $orrower'S right t0 any iasurantx policies and proceeds resulting age Property prior to the acquisition snail Bass to Lender to chc extent of the sums scctued by this Sexuriiy Instrument immediately prior to the acquisition. 6. Occupancy, Preaerratioa, Malnttawttoe sad Pr+otectroa of the Property; Borrower's I.oaae App~tication~ Lessebdds. Borrows shall occupy, extablish, sad use the Property as Bc~:owa's principal re~enee within sixty days after tlrc execution of this Security Insnvment and shat! coatiauc tv otxupy the Property as Borrower's principal tesleenax for at lease one year after tine date of ocupanry, unless Lcade7 otherwise agrees in writing. which consent shall not be unreasonably withheld, yr unless attenuating cucumstanoes exist which are btyowd 8omowea~'s control. Borrowetr steal! as destroy, damage or impau the Property, allow the Property to deteriorate, or cmrsresit waste oa the Property. BotroaKi shoo be is default if any forfeiture action or procoodiag, whether civil of criminal, is begun that in I.,ender's good faith ,psdgrnextt could recruit in forfeitus of ttu property or otherwise materauy impair the Tian txeated by this Security Iastrumeac ~ bender's seetsrity interest. Barrows tray casrc such a default and redastate, as provided in paragraph ig, by causurg the action or proaeediag to be dismissed witty a rating that, is Lender's good faith drtamination, precludes fotfdtus of the Borrower's iatereex is the Property or other material impaitmenc of the lien created by rltis Security Instrument or Leada'a security i~err%t. Borrower sitalI also be in default if Borrower, during the loan application process. gave trsataially falx err iaacctaace information ~ statements to Linder (or failed to provide Leader with nay material informs[ion) is connection with the loan evidenced by the Note. including, but not !united to, representations coneerniag Borrower's oa;ugancy of the Ptope-ty as a praacspai tesidwce• If this Security Instrttmeert is on a leasehold, Borroww shat! comply with all the provisions of the lease. If Barrows acquires fee title to the Property. the leasehold and lire fee title sissll not merge uNess I.eoele7 sgcees to the mexgu in writing. 7. Protection est Lertdet's 1Rights la the Property. If Borrower fsiis to perform the wvoaaats and agr~ments contained in this Security Instrument, or thersc is a legs! procee:diag that may signifrcaaQy affexx Lender's rights in the Property (such as a procemdiag m bankruptcy, probate, for eondctrmatioa or forfesurc or to eerforoe laws or regtt}~ns), then Lender may do and pry far whatever is necessary to protex:t the value of the Property and Lender's righs is the Property. Leader's aexions rosy anclude paying nay slams seetued by a lira which has praeuaty over this Sexttrity Instrtrme.nt, appearing in crnut, paying ~aabk attorneys' Ens and entering oa the Property to make sP~• Although Lender may take action rustier this paragraph 7, l;.eademr does not have to do so. Any amounts disbt>saod by Leerder tsndet this psragrapii 7 shalt become additional debt of Borrower txcured by this Sextrrity Iastsvmeat. Unless Borrower anti Lender agr~ec to other teams of payment, these amounts shall bear interest !;corn the date of ~ at the Notc rate and shall be payable, with inceazsc, span notice from Leader to Boaowa requesting payment. S. Meirtga$e Insur>mee. 1f Lender required mortgage insurance as a condition of making the roan sexau~d by this Security Iastrtsmcnt, Boarower shall pay the premiums requmd to maintain the anortgage inwrau« in effexx. If. for any rrasoa, tlse mortgage iastuanaae coverage squired by Leader lapsese or ceases to be in effect, Borrowex shall pay the required to obtain eoversge substantially equivalent to the mortgage instrranoe previously in offett, at a cost subs[ equivalent to the cost to Borrower of the mortgage insurance psviously in effect, from an attexaato mortgage instua approved by Lender. u subscantsalty equivalent mortgage insurance covexage is aoc available, Bosmwer snarl pay to Lender each month a sum equal to one-twelfth of the yearly mpg rnstrraaoe prraflium bang p~ by Borrowex when the imsuraacx coverage lapsed or ~ to be le effect. Lewder will aaccept, use and retain these payments as a.loss r~eaerve in !iw of mortgage insuuanex. Ltsss mane payments may no longs be rese~ttired, err the optics of Lendex, if matgagts iastrrana coverage (in the atttouat and for the period that Lender requires) prnvniad by as iastsrer approved by Lender again becomes available and is obtained. Borrower shal- pay chi: Surma squired to maintain mortgage sasurance is elfexx, err to provide a loss reserve, until the sgtriresoeazt foe mortgage instuaace Cads is accor+daatx with any written agreement bexvaexa Barrows and I.eadesr or ~ law. 9. Iaspactiosf, Lando ~ its ttgeat may aislGe reasonable Carries upon and inspections of lire Property. Linda shall give B orrower notice at the lino of yr p!nor to as inspection specifying teasonabe; eatrse for the inspection 10. f:uttdeamoation. The proceeds of any award or claim fur damages, direct or c~asequeaztial, iQ eoanexriva with nay condemnation or other taking of any part of the property. or for conveyance in lieu of condearmation, as hereby assigned sad shalt be paid to Fender. Berra 3013 9M10 rtEy~erawros»~ lpetle3Ql6Peds1 t.awaa ~aascro.r~., eae+~m•iea rrn ran ~ nnn ~ rat . rn ~rar, n~-n cram ~ n-~•. n ra w JCI'-KJ1-1777 1FJ • J f tYJO +i00 JUl~J4 7J/e f . YJ~-F rUG. -31' 49 (TUE) 22:54 NOME F~RAL NAMPA TEL:208 45004 P. 005 (a} pays Lender all. sums which rhea would be due wader this Security Instrument and the Note as if ao accelaatma had occurred: (b} crtres any default of any other covenants or agrts; (c) pays all expenses incurred in enforcing this Security Tnstrttment. includitrg, but not limited to, reasonab)c attorneys' fns: sad (d) taken at~h action as Lender may raaso~aabiy rogtrire to assure that the lies of this Security Insuuttteat, Lender's rights in the Property and Borrower's obtigadoa to pay the sums secured by this Security Instnemeat sha{1 continue unchanged. Upon t~instatement by Baarrower. this Security Instrttmcnt sad the obligations secured lter+eby shalt remain futiy eiyGCtive as if ao aaxkration had oecurned. hoverer, this right to reinstate shall not apply in the case of aecekratioa under paragraph !7. 29. Sak o[ Note; Ciagge of Loan Serrkn'. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one ~ more times without prior notice to Borrower. A sak may reueit in a change in the entity (Imowa as the "Loan 5etvicer") that collcets monthly payments due under the Note and this Sectuity Instrument. There also may be one ~ more changes of the Loan Servitxr unrelated to a sale of ttu Note. If that is a change of the Loan Sc[vicet. Borrower wilt be given writim notice of the change is accordance with paragraph 14 above sad applicable law. The notice will state the aamt and address of the new Loan Serviesr and the address to which payments should be made. 'ate notice wilt also contain say other information t~trired by applicable law. ?~. HazstYbus Substsnces. Borrower shall not cause or permit the presence, use. disposal, storage, or release of any hazardous Substancxs oa or in the Property. Borrower shall not do, trot allow anyone else to do. anything affecting the Property that ie in violation of any I;avironmentaI Law. Tire pcecodittg two senucnces shall not apply to the p[eaeace, u~, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal res~eatial uses sad to mainteaantx of the Properly. Borrower shall promptly give Leader carmen notice of any investigation. elaimt, demand, lawsuit or other sexier by Y goverarsiental or regulatory agency or Private parry involving the Property and nay hazardous Sabstance a Environmen Law of which Borrower has actual knowledge. Tf Borrower Iearns, or is notified by nay governraeatal ar regulatory that any removal yr other remediation of any tiazar+dous Substance affecting tl{e property is nocenary, Borrowu , promptly taix all necessary remedial actions in accordance with Environmental La As used is this paragraph 20, "Haza:dars Substances" are those substances d~fined as toxic a hazardous substarxxs Environmental Law sad the foliowiag substances: gasoline, ketoseae, other flammable or toxic petroletera pto~ects, t pesticides sad herbicides, volatae solvents. materials containing asbeaos or f yde, sad radioactive materials. As is this paragraph 2U, "Environmepm(Law" means federal laws and laws of the ' n where the Property is located relate to health, safety or environmental protection. NOIV-UNIFORM COVENAN'T'S. Borrower and Lendw fttN~cr coveaant and agree as follows: tl. Aocderstku; Aeawdias. Larder sisU give notice to Borrower prior to acae~atioa iolbvriag Botrowar's breac4 of any covetrapt ~ ap'e~ment in this Secpr&y fastroment (but not prior to ~ under pr~aple 17 utaless applicsMe law prorldes otierwise). Toe notice ~a11 specify: (a) the dbfatalt; (h) the action t~egatic+ed to cure rice deGtrdt; (c) a date, not less tine 30 days ft'one the date flu notice ~ girca to Borrower, by wiieb tie ddauit tams[ be cceed: and (d) tint lalbua+e to cru+e tie default on ~ bd'ore tie date specified ~ the uWioe may tettrelt Ia aee~tation o[ the suers scurbd by tip Secatiity Ias4ranaent and sak of flee Property. Tie nut~e sltw theet6sr tadgm narrower o[ the tight to reinstate alter acoekratia: and tie riglK to > a court action m assert tie mn-mritbeace of a defrrelt or a~ atier defereae o[ Borrower to ~ ~ oak. It the de[atrlt ~ not crrted ao m• before tie date specifid is tie notice, Leader at its option stay atquke iamesdiate payer ~ ltaB of aB races secured by this Secaeity tarsaumeret without further dantrad and may inroke clue power of sak sect nay Drier rentedlea perosltoad by applicable bw. Letaler siali be entitled to ooUeet aB ineterred in putter the errmedisa provided ire tb~ para`rrepi 21, Iac[rtding, ket not Baited to, reasonable abtortreya' [ees sr~ ~ ~ title eviderecs. ff Larder inrokss the power at sale, Leader shall eracute of cartse Tru9tcc to etrscutt a wcit~e tt~otice of tie occutrrace o[ sal event of dcfaWt and of Lender's motion to cause tie !?topartr to tx sold and stall cause suci entice to be raordad ;ti eaci h is while arty part of tie Property ~ bated. Lender or Ttratee sin!! mail rnpia of the aeotica as prescr~ed by appicabbe thw to Borrower sad to otia persona pcesccibed by applicable law. Trtestee shag give pnbGc mica o[ sak to tie pew and in flm matfna~ pe+escribed by apphcabk law. AQaet flee bane requited by atppliatbk Lw, Ttwtee, whborrt dew oaa Barto~ret; aT6aB ssB tie ptvperty u ptabnc atadiote oe tie bidder at tie time and place aced >wader tie tet'Qes dtcitrrated ~ flee reties of sak in one ar more parcdc and fat agiras'dce Trustee determinrs. Trustee may postpare sak o[ alt ~ s~tr pared of tic Aoprtty bJ' pubpic annoer7ose~rt at tth3 ttme and P~ of aQY pay aebeduld sale. Ltadet' or its de~ee ota7 purchase qee Propea'ey at aqy sak. Trustee shalt deliver to the Trustee's dead eonreyteeg tie A~opeaty widroat +my tto or warrar®ty, ea<Praried m' implied. The tredtais in the Trustee's deed stall be ptioaa facie evidence of tie truth of tie stateetaents made there. Trustee sl4aH apply the proceeds of tie sale in the [o8owiag order: (a) OQ all o[ Ile ask, lndudtng, brat not limited to, t~rsonatSfe Irudse's sad atborneys' lees: (D) to all swats secured py thie Security ~- arld (C) ~ ~%~Ie t0 person 0! pQiOffi ~Y titled to it. ~- '~~ Upon payment of art atoms st~cuetrd by this Setxuity Inswment, Laendet shall toques[ Trustee to sccoavey the Troperty and shall suts+tnder this Security Iastnrmcat sad all notes evidencing debt secured by this Y Instrument to 'Trustee. Trt>stce shall reconvey the Propprty without warranty to the person or persons leg7lty encided to ic. Set: j6i3 a~rle 1ia.+ar7t5 rysi,~ „r, (Pa~eSc~6Poserl bOAuEdk ~~oarao~wn Ria~+•7WaD^ ~tF'-t!l1-177 lIJ • ~ti GVJ~3 4bt3 'IJYJ~F 7J . t'. YJ"3 AUG.'31'99(TUEa 2254 HOME FE~AL NAMPA ~~ ~. TEL:208 ~ 5004 P. 006 ~ Paxael of land lying is the eolith East Quarter or section is TotnY~hip 3 Nottb, Rang@ i West, Haile Meridian, Ada county, Idaho, tore partxculariy described as follors: cammebcinq at tb® North.-est corner or the south East 4yarter or 8@Ct102~ 1Z,-Tovn$hip 3 North, Aange 1 Meat, DoiaO Meridi.aD,; tbgnoe North 89.46rZ3" East 660.00 feat along the North line of said South East Quarter to a point; tDenca South 00.0000" EaBt, SOO.Z4 feet to the REAL POINT OF AEGxNNING of this deaoriptioa; thence Bautzt Oq••Op~Op•• Eaet, iZ9.74 rest to a point oa tba Northerly right of ray of Hroadvay Avenue; thanes South 89•~6f,~p~• p®gt~ 66.po feet along gaS.d right of way to a pOlAt; tb@IICA North oo°oo~oo" treat, 13o.oa Poet to a point; tbenc• North 40.00~00~~ East, 66.00 ~A@t to the REAL POINT OF BEGxNKZNG of this descziptiou. SEP-0Z-1999 1058 288 468 5004 p,~ • • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on November 3, 1999, for the purpose of reviewing and considering the application of PIPCO, LLC for a variance for the east side yard setback (reduction from 10 feet to 7 feet). The property is generally located north on West Broadway Avenue and West 4~' Street. A more particular description of the above property is on fife 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 8~' day of October, 1999. PUBLISH October 13 and 27, 1999 i~~~~ WILLIAM G. BERG, JR., LERK ,\~~~~s~ rt ti ~ rrrrrrr~ . ~ ~ , - ~~~~L ~~ ,~ .~~' ,9rC S T j ~,~ ' s,C' `1`~ l:n or HUB OF TREASURE 1/ALLEY ~ ROBERT D. CORR[E A Good Plsce Io Live City Council Members CITY C)F MERIDIAN CFIARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (2U8) 888-4433 • Fax (208) 887-43 t 3 KEITH B[RD City Clerk Fax (ZU8) 888-4218 FACSIMILE COVER SHEET -LEGAL DEPARTMENT i3ifK}'38-3499 • Fax 3~iS-?5()t PUBLIC WORKS BUILDING DEPARTMENT ('08)887-2211• Fax 887-1297 PLANNING AND ZONING DEPARTMENT (308) 834-5533 • Faz 887-1397 FAX NUMBER: 77.6309 DATE: ~~'~~"~9 ~, TO: TITLE/DEPARTMENT: CONFIDENTIAL: YES NO k TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): FROM: CITY OF MERIDIAN ~ ~ ~ ., . . NAME: TITLE/DEP COMMENTS ~~_ - FAX NUMBER: (208) 888-4218 ~~~.~.~.~,c_ ~ ,(-~-~- DEL a "`.~- .~,e~ ox. ~~.~-~u- a 7~ X1999 . aCC~ ~ ~o ~{s ~ PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433. ** TX CONFIRMA~N REPORT ** AS OF OCT 07 ''!'116 14 PRGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 12 10/07 16 14 208 888 109? MODE MIN/SEC PGS CMDq STATUS EC--S 00'30" 001 125 OK NOTICE Ol" HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on November 3, 1999, for the purpose of reviewing and considering the application of PIPCO, LLC for a variance for the east side yard setback (reduction from 10 feet to 7 feet). The properly is generally located north on West Broadway Avenue and West 4~' Street. A more particular 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 8~' day of October, 1999. PUBLISH October 13 and 27, 1999 ~a~~ WILLIAM G. BERG, JR., LERK ~~„rwrn-~n~~~ ~o ~ _' go~GC~p ,~~ ~ ``, '~",q~~ii ~a~n~o~~ ** TX CONFIRM~N REPORT ** AS OF OCT 08 '~08~59 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 01 10108 08 56 208 336 1106 MODE MINiSEC PGS CMD# STATUS EC--S 03'11" 010 148 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on November 3, 1999, for the purpose of reviewing and considering the application of PIPCO, LLC for a variance for the east side yard setback (reduction from 10 feet to 7 feet). The property is generally located north on West Broadway Avenue and West 4`" Street. A more particular 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 'rs welcome and irnited to submit testimony. DATED this 8~' day of October, 1999. PUBLISH October 13 and 27, 1999. i~°t-~.---/~' WILLIAM G. BERG, JR., LERK G G~'oR,~ , '~" ~~ •~O .~' - ~~~'~L o'' o~ ~ .,~~~.~p C~ '~ `04`\x. U~~ i.rrrrrruia~ tsnNi~~~ ** TX CONFIRM~N REPORT ** AS OF OCT 08 ~09~11 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 03 10/08 09 08 1 208 378 1762 MODE MIN/SEC PGS CMD#t STATUS EC--S 03'16" 010 152 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on November 3, 1999, for the purpose of reviewing and considering the application of PIPCO, LLC for a variance for the east side yard setback (reduction from 10 feet to 7 feet). The property is generally located north on West Broadway Avenue and West 4"' Street, A more particular description of the above property is on file in the Cily 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 8~' day of October, 1999. PUBLISH October 13 and 27, 1999 iG~/~ WILLIAM G. BERG, JR., LERK '6 1 '. 2 `O 5~.~~L - ,. f~r~rr111111511\\\\\ ** TX CONFIRM~N REPORT ** AS OF OCT 08 '~09~22 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 05 10108 09 20 2088840745 MODE MINiSEC PGS CMD#t STATUS EC--S 02'2?" 010 156 OK 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 wilt hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on November 3, 1999, for the purpose of reviewing and considering the application of PIPCO, LLC for a variance for the east side yard setback (reduction from 10 feet to 7 feet). The property is generally located north on West Broadway Avenue and West 4~' Street. A more particular description of the above property is on file in the City Cterk'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 shalt be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 8~' day of October, 1999. i~~.~ WILLIAM G. BERG, JR., LERK \\11e1qu~+~Uq PUBLISH October 13 and 27, 1999. \`~~~~~~ r ~~F~~~~~~~~' ~~ ~T„o 'GC ,a°~ •`~~~~II1111111111\\\\\ ** TX CONFIRM~N REPORT ** AS OF OCT 08 '~09=47 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 07 10/08 09 47 8882682 ----5 00'00" 000 160 BUSY THIS DOCUMENT IS STILL IN MEMORY NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on November 3, 1999, for the purpose of reviewing and considering the application of PIPCO, LLC for a variance for the east side yard setback (reduction from 10 feet to 7 feet). The property is generally located north on West Broadway Avenue and West 4w Street. A more particular 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 8~' day of October, 1999. PUBLISH October 13 and 27, 1999 /,;G«~~ WILLIAM G. BERG, JR., LERK \\\~~~~ pF AP.fF'~''~''~. .`~ G~ \aG~gFORq~~O''~r' f''a ~u{r~~ ~'~, ~CdJN~"t ~ ~•• j~4~<<h~ 1 I ,111\\\\\\\ r ~~ BEFORE THE MERIDIAN CITY COUNCIL 11-10-99 IN THE MATTER OF THE APPLICATION OF FOR A VARIANCE OF THE EAST SIDE YARD SETBACK (REDUCTION FROM 10 FEET TO 7 FEET), NORTH ON W. BROADWAY AVENUE AND WEST 4TH STREET, MERIDIAN, IDAHO VAR-99-008 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on the November 3, 1999, and Shari Stiles, Planning and Zoning Administrator; appeared and commented at the hearing, and appearing on behalf of the Applicant vas Becky Bowcutt, Briggs Engineering, Inc., who represented Pipco, LLC, an Idaho Limited Liability Company, appeared and testified on behalf of the applicant at the hearing, and no one appeared in opposition, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 9 ORDER OF DECISION GRANTING AVARIANCE / PIPCO, LLC • and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 -January 4, 1994 and Maps. 2. The notice requirements of Idaho Code §§ 67-6509, 6516 and §§ 11-2- 416 E and 419 D as evidenced in the record of this matter have been met. 3. The Applicant and owner of record is PIPCO, LLC, an Idaho Limited Liability Company, 11355 Camas, Boise, Idaho 8709. 4. The location of the subject real property is W. Broadway Avenue on the north approximately midway between W. 7`" Street and W. 4`~' Street, Meridian, Idaho. 5. The legal description of the property appertains to the real property that is included within the SEABURY VARIANCE map as appears in the record of proceeds of this matter, and is described as follows: A parcel of land lying in the SE 1/4 of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northwest corner of the SE 1/4 of Section 12, Township 3 North, Range 1 West, Boise Meridian, thence N 89°46'23" E 660.00 feet along the north line of said SE 1/4 to a point; thence S 00°00'00" E 500.26 feet the REAL POINT OF BEGINNING of this description; Thence S 00°00'00" E 129.74 feet to a point on the northerly right-of-way of Broadway Avenue; Thence S 89°46'20" W 66.00 feet to a point; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 9 ORDER OF DECISION GRANTING AVARIANCE / PIPCO, LLC • Thence N 00°00'00" W 130.00 feet to a point; Thence N 90°00'00" E 66.00 feet to the REAL POINT OF BEGINNING of this description. Said parcel of land contains 0.20 acres, more or less. 6. The present land use of subject property is presently zoned as (R-15) Medium High Density Residential District, and consists of 0.20 acres. 7. The proposed land use of subject property is to develop the subject property in the following manner: To construct a two story tri-plex for residential use. 8. The Applicant seeks a variance of the following provision of the Revised and Compiled Ordinances of the City of Meridian, Section 11-2-410 A, Zoning Schedule of Bullc and Coverage Controls for R-15 zone, which provides for "Interior Side Minimum Yard Setback Requirements of 5' per story. There is a total of 7' on the east property boundary line for the construction of this proposed two story tri-plex." 9. The characteristics of the subject property which prevent compliance with the requirements of the Ordinance are an encroachment of a carport and fence on the west boundary of the property. The neighbor will not cooperate with the property owner and relocate the carport or fence. All fences along the Broadway parcels are off by 7 feet. 10. The difficulty or hardship which would result if requirements of the Ordinance were applied to the subject property are that a structure cannot be constructed on the lot due to the neighbors encroachment. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 9 ORDER OF DECISION GRANTING AVARIANCE / PIPCO, LLC 11. The unusual or peculiar circumstances which indicate that regulations of this Ordinance should not be strictly compiled with, is that, the property boundary problems in this area have created a unique situation that cannot be resolved with the neighbor. The Applicant has to accommodate the encroachment of the carport and fence. 12. The statement that special conditions and circumstances exist which are peculiar to the land, structure or buildings involved which are not applicable to other lands, structures or buildings in the same district pertains to the matter that the neighbors have assumed for years the property boundary vas the existing fence line. Modifications of the neighbor's fence and carport would cause a hardship. 13. A literal interpretation of the provisions of the Ordinance shall deprive the Applicant of rights commonly enjoyed by other properties in the same district under terms of the Ordinance is that the lot is only 66 feet wide, and to reduce the lot by the two 10 foot setbacks and the 3 foot overhang, the lot would only have a buildable area of only 43 feet. This 43 feet is difficult to build upon. 14. The statement that special conditions or circumstances exist that were not a result of the Applicant's action are that the property boundary problems have existed fro many years, predating the Applicant. 15. The variance requested are not out of convenience but from necessity. The configuration of the parcel was determined by prior developments (i.e., sewer and water FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 9 ORDER OF DECISION GRANTING AVARIANCE / PIPCO, LLC • ' previously installed). The variance is not profit oriented, it is due to practicality. This request is to satisfy the wishes of the neighbor on the west. The neighbor does not want to relocate the carport or fence. This variance will allow the carport and fence to remain. 17. The Applicant's request for a variance does not contradict the Meridian Comprehensive Plan. 18. The granting of the requested variance will not be detrimental to the public's welfare or injurious to other property in the area of the proposed plat, and, in fact, the development of the plat in accordance with the conditions of approval and the requirements of the Subdivision Ordinance will prevent the conditions which are the source of the complaints raised in the public hearing of this matter. 19. The granting of this variance will not have an effect of altering the interest and purpose of the Subdivision or Development Ordinance and or the City's Comprehensive Plan. 20. The Applicant paid the fee established by the City Council for application variance. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho Code § 67-6516 to provide as part of its zoning ordinance for the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 9 ORDER OF DECISION GRANTING AVARIANCE / PIPCO, LLC ' process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code § 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in § 11-2-419 of the Municipal Code of the City of Meridian. 3. That the requirements for the processing of a variance request are set forth in Idaho Code §§ 67-6509, 6516 and §§ 11-2-416E and 418E Municipal Code of the City of Meridian. 4. Application and standards for variances are set forth in § 11-2-419B Municipal Code of the City of Meridian, and the findings which are required are set forth in § 11-2-419C, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 9 ORDER OF DECISION GRANTING AVARIANCE / PIPCO, LLC • injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. The provisions of the Revised and Compiled Ordinances of the City of Meridian, Section 11-2-410 A, Zoning Schedule of Bullc and Coverage Controls for R-15 zone provide for "Interior Side Minimum Yard Setback Requirements of 5' per story." DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The Applicant is hereby granted a variance of the provisions of the Revised and Compiled Ordinances of the City of Meridian Section 11-2-410 A Zoning Schedule of Bullc and Coverage Controls for "Interior Side Minimum Yard Setback Requirements of 5' per story. There is a total of 7' on the eastern boundary of the subject property, which is described in Findings no. 5 for the construction of a two story tri-plex for residential use as depicted. in the Building Plan attached to the Variance Application for the Seabury property." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 9 ORDER OF DECISION GRANTING AVARIANCE / PIPCO, LLC • • NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of a variance authorizing a variance of the Zoning Schedule of Bullc Use and Coverage Controls, of the R-15 Zone as provided in the Section 11-2-410 A, and may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the / ~ ~ day of ~L ~~' ~~'~- , 1999. ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN GLENN BENTLEY COUNCILMAN KEITH BIRD COUNCILMAN CHARLIE ROUNTREE VOTED VOTED (~ VOTED l~ VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED, DATED: ~~ ~~ - ~C; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 9 ORDER OF DECISION GRANTING AVARIANCE / PIPCO, LLC MOTION: APPROVED: = -'- DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department, and the City Attorney office. sy~ ~~ ~_y--_ City Clerlc /'~~~-` Dated: msg/Z:\Work\M\Meridian 15360M\Pipco LLC - VAR\FfClsGrantVariance ,,{i~i-r-r~tir;, \\\ ~~ ~ ~, ~~'~, ',pfd „~ r ~'~° Q 'i i 4 ~A~i~~ r%, C , G~ T 15Z • ~ \•`` P ; ~~~j'tr;tcttt~~~~~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 9 of 9 ORDER OF DECISION GRANTING AVARIANCE / PIPCO, LLC ' Meridian City Council M~g November 16, 1999 Page 5 Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES ITEM 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR VARIANCE OF THE EAST SIDE YARD SETBACK (REDUCTION FROM 10 FEET TO 7 FEET) BY PIPCO, LLC: Corrie: Item 4 is the Findings of Facts and Conclusions of Law: Request for a variance of the east side yard setback (reduction from 10 feet to 7 feet) by PIPCO, LLC. Staff, any comments? Stiles: No, Mr. Mayor and Council. Corrie: Hearing none, Iwill - Mr. Bentley. Bentley: Mr. Mayor. I move that we approve the Findings of Facts and Conclusions of Law and Order of Decision granting a variance for PIPCO, LLC. Bird: Second. Corrie: Motion made and seconded to approve the Facts and Conclusions of Law; request for a variance on Item No. 4. Any further discussion? Hearing none, roll-call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. Meridian City Council M~g November 16, 1999 Page 6 MOTION CARRIED: ALL AYES ITEM 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND USE FROM SINGLE-FAMILY RESIDENTIAL TO MIXED/PLANNED USE BY J-U-B ENGINEERS, INC. -WEST OF EAGLE ROAD BETWEEN FAIRVIEW & USTICK: Corrie: Item No. 5 is the Findings of Facts and Conclusions of Law: Request for Comprehensive Plan Amendment to change land use from single-family residential to mixed/planned use by J-U-B Engineers, Inc., west of Eagle Road between Fairview and Ustick. Stiles: I had nothing on that. Corrie: Okay. Hearing none, I'll entertain a motion on the Decision of Order on Item No. 4. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we approve the Findings of Facts and Conclusions of Law and Decision of Order of recommendation of Comprehensive Plan Amendment by J-U-B Engineering. Bird: Second. Corrie: Motion is made and seconded to approve the Findings of Facts and Conclusions of Law on Item No. 5. Further discussion? Hearing none, roll-call vote; Mr. Anderson. Anderson: Aye. Corrie: Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: And Mr. Rountree. Mr. Bentley. Rountree: Aye. BEFORE THE MERIDIAN CITY COUNCIL 11-10-99 IN THE MATTER OF THE APPLICATION OF PIPCO, LLC FOR A VA,RLANCE OF THE EAST SIDE YARD SETBACK (REDUCTION FROM 10 FEET TO 7 FEET), NORTH ON W. BROADWAY AVENUE AND WEST 4TH STREET, MERIDIAN, IDAHO VAR-99-008 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on the November 3, 1999, and Shari Stiles, Planning and Zoning Administrator, appeared and commented at the hearing, and appearing on behalf of the Applicant was Becky Bowcutt, Briggs Engineering, Inc., who represented Pipco, LLC, an Idaho Limited Liability Company, appeared and testified on behalf of the applicant at the hearing, and no one appeared in opposition, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to-wit: FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 9 ORDER OF DECISION GRANTING AVARIANCE / PIPCO, LLC i and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 -January 4, 1994 and Maps. 2. The notice requirements of Idaho Code §§ 67-6509, 6516 and §§ 11-2- 416 E and 419 D as evidenced in the record of this matter have been met. 3. The Applicant and owner of record is PIPCO, LLC, an Idaho Limited Liability Company, 11355 Camas, Boise, Idaho 8709. 4. The location of the subject real property is W. Broadway Avenue on the north approximately midway between W. 7`h Street and W. 4`'' Street, Meridian, Idaho. 5. The legal description of the property appertains to the real property that is included within the SEABURY VARIANCE map as appears in the record of proceeds of this matter, and is described as follows: A parcel of land lying in the SE 1/4 of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northwest corner of the SE 1/4 of Section 12, Township 3 North, Range 1 West, Boise Meridian, thence N 89°46'23" E 660.00 feet along the north line of said SE 1/4 to a point; thence S 00°00'00" E 500.26 feet the REAL POINT OF BEGINNING of this description; Thence S 00°00'00" E 129.74 feet to a point on the northerly right-of-way of Broadway Avenue; Thence S 89°46'20" W 66.00 feet to a point; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 9 ORDER OF DECISION GRANTING AVARIANCE / PIPCO, LLC • • Thence N 00°00'00" W 130.00 feet to a point; Thence N 90°00'00" E 66.00 feet to the REAL POINT OF BEGINNING of this description. Said parcel of land contains 0.20 acres, more or less. 6. The present land use of subject property is presently zoned as (R-15) Medium High Density Residential District, and consists of 0.20 acres. 7. The proposed land use of subject property is to develop the subject property in the following manner: To construct a two story tri-plex for residential use. 8. The Applicant seeks a variance of the following provision of the Revised and Compiled Ordinances of the City of Meridian, Section 11-2-410 A, Zoning Schedule of Bullc and Coverage Controls for R-15 zone, which provides for "Interior Side Minimum Yard Setback Requirements of 5' per story. There is a total of 7' on the east property boundary line for the construction of this proposed two story tri-plex." 9. The characteristics of the subject property which prevent compliance with the requirements of the Ordinance are an encroachment of a carport and fence on the west boundary of the property. The neighbor will not cooperate with the property owner and relocate the carport or fence. All fences along the Broadway parcels are off by 7 feet. 10. The difficulty or hardship which would result if requirements of the Ordinance were applied to the subject property are that a structure cannot be constructed on the lot due to the neighbors encroachment. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 9 ORDER OF DECISION GRANTING AVARIANCE / PIPCO, LLC • • 11. The unusual or peculiar circumstances which indicate that regulations of this Ordinance should not be strictly compiled with, is that, the property boundary problems in this area have created a unique situation that cannot be resolved with the neighbor. The Applicant has to accommodate the encroachment of the carport and fence. 12. The statement that special conditions and circumstances exist which are peculiar to the land, structure or buildings involved which are not applicable to other lands, structures or buildings in the same district pertains to the matter that the neighbors have assumed for years the property boundary was the existing fence line. Modifications of the neighbor's fence and carport would cause a hardship. 13. A literal interpretation of the provisions of the Ordinance shall deprive the Applicant of rights commonly enjoyed by other properties in the same district under terms of the Ordinance is that the lot is only 66 feet wide, and to reduce the lot by the two 10 foot setbacks and the 3 foot overhang, the lot would only have a buildable area of only 43 feet. This 43 feet is difficult to build upon. 14. The statement that special conditions or circumstances exist that were not a result of the Applicant's action are that the property boundary problems have existed fro many years, predating the Applicant. 15. The variance requested are not out of convenience but from necessity. The configuration of the parcel was determined by prior developments (i.e., sewer and water FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 9 ORDER OF DECISION GRANTING AVARIANCE / PIPCO, LLC • • previously installed). The variance is not profit oriented, it is due to practicality. This request is to satisfy the wishes of the neighbor on the west. The neighbor does not want to relocate the carport or fence. This variance will allow the carport and fence to remain. 17. The Applicant's request for a variance does not contradict the Meridian Comprehensive Plan. 18. The granting of the requested variance will not be detrimental to the public's welfare or injurious to other property in the area of the proposed plat, and, in fact, the development of the plat in accordance with the conditions of approval and the requirements of the Subdivision Ordinance will prevent the conditions which are the source of the complaints raised in the public hearing of this matter. 19. The granting of this variance will not have an effect of altering the interest and purpose of the Subdivision or Development Ordinance and or the City's Comprehensive Plan. 20. The Applicant paid the fee established by the City Council for application variance. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho Code § 67-6516 to provide as part of its zoning ordinance for the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 9 ORDER OF DECISION GRANTING AVARIANCE / PIPCO, LLC • process of applications for variance permits. • 2. The City of Meridian has exercised its authority of Idaho Code § 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in § 11-2-419 of the Municipal Code of the City of Meridian. 3. That the requirements for the processing of a variance request are set forth in Idaho Code §§ 67-6509, 6516 and §§ 11-2-416E and 418E Municipal Code of the City of Meridian. 4. Application and standards for variances are set forth in § 11-2-419B Municipal Code of the City of Meridian, and the findings which are required are set forth in § 11-2-419C, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 9 ORDER OF DECISION GRANTING AVARIANCE / PIPCO, LLC • • injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. The provisions of the Revised and Compiled Ordinances of the City of Meridian, Section 11-2-410 A, Zoning Schedule of Bullc and Coverage Controls for R-15 zone provide for "Interior Side Minimum Yard Setback Requirements of 5' per story." DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The Applicant is hereby granted a variance of the provisions of the Revised and Compiled Ordinances of the City of Meridian Section 11-2-410 A Zoning Schedule of Bullc and Coverage Controls for "Interior Side Minimum Yard Setback Requirements of 5' per story. There is a total of 7' on the eastern boundary of the subject property, which is described in Findings no. 5 for the construction of a two story tri-plex for residential use as depicted in the Building Plan attached to the Variance Application for the Seabury property." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 9 ORDER OF DECISION GRANTING AVARIANCE / PIPCO, LLC • NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of a variance authorizing a variance of the Zoning Schedule of Bulk Use and Coverage Controls, of the R-15 Zone as provided in the Section 11-2-410 A, and may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the / ~ ~ day of ~~ ~~ ~~'~- , 1999. ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN GLENN BENTLEY COUNCILMAN KEITH BIRD COUNCILMAN CHARLIE ROUNTREE VOTED VOTED VOTED l~ VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ~~ ~ - ~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 9 ORDER OF DECISION GRANTING AVARIANCE / PIPCO, LLC MOTION: APPROVED: ~ ~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department, and the City Attorney office. Y' City Clerlc Dated: ~/~~6 ~l ~ ms;/Z:\Work\M\Meridian 15360M\Pipco LLC - VAR\Ft>rlsGrantVariance ~~{t,ttrt~arir~;~ ~~aa //~~ 7' -7~1L ~ 9G~' ~~~ +~ ' P ; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 9 of 9 ORDER OF DECISION GRANTING AVARIANCE / PIPCO, LLC • interoffice M E M O R A N D U M To: ~Vw~~i~: Ber~'Jr. From: Wm. F. Gigray, III Subject: PIPCO, LLC VARIANCE File No.: VAR-99-008 Date: November 10, 1999 Will: ~~~~ N O V 1 2 1999 CITY OF 1~RIDIAN Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING A VARIANCE, pursuant to action of the Council at their November 3, 1999, meeting. The Findings will be on the Council's agenda for November 16, 1999, meeting. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Worlcs and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. msg~Z:\Worlc\M\Meridian 15360M\Pipco LLC -VAR\CllcVAR111099.Mem ^s Meridian City Council~ting November 3, 1999 Page 29 Corrie: Motion made and seconded to close the public hearing. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Council. Bentley: Mayor. Corrie: Mr. Bentley. Bentley: Question for staff. Kenny. Do you have any problems with this from the fire side? Bowers: Mayor Corrie, City Council and Mr. Bentley, we do not have a problem with this as long as it meets Uniform Fire Code. I do know - we do have other buildings that are taller than this. Bentley: Thank you. That's all I have. Corrie: Any other questions, discussion? Bird: I have none. Corrie: All right. I'll entertain a motion on the variance request. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we have Findings of Facts and Conclusions of Law and Decision of Order prepared for the variance request with a favorable decision. Bentley: Second. Corrie: Okay. Motion is made and seconded that we have the attorney draw up the Findings of Facts and Conclusions of Law with adue-pass recommendation. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES ITEM 16. PUBLIC HEARING: REQUEST FOR VARIANCE OF THE EAST SIDE YARD SETBACK (REDUCTION FROM 10 FEET TO 7 FEET) BY PIPCO, LLC: Meridian City Counci~eting November 3, 1999 Page 30 Corrie: Item No. 16 is a public hearing. It's a request for variance of the east side yard setback (reduction from 10 feet to 7 feet) by Pipco, LLC. At this time, I'll open the public hearing and invite staff comments. Stiles: Mr. Mayor and Council, Becky's going to have to address this. I didn't quite understand from the application what it is they're requesting. The fence is off, apparently, by seven feet, and since it's been in that location for a number of years, the property owner adjacent to them is unwilling to go with the actual surveyed property. What Becky is telling me is that they are asking for a reduction from a 10-foot setback on the east boundary to a 7-foot setback. Corrie: Okay. This is a public hearing. Ms. Bowcutt. Bowcutt: Becky Bowcutt, Briggs Engineering, 1800 West Overland, Boise. Just to refresh your memory, that Seabury Subdivision that I brought through, it was some four-plexes. This was an existing R-15 zone just to the north of it. This is an out-parcel here, and it's on Broadway. That parcel you see in red is vacant. They intend to build amulti-family dwelling on that property. One of the problems that we found out in that area is all the fences are off by seven feet approximately. Somewhere down the line, many, many years ago, a surveyor or a property owner or somebody got off, and it was perpetuated all the way down. What we have happen is the adjoining property owner on the east - on the west side of it - is it the west side? The west side of us. Her carport overhangs onto this property, and her fence encroaches into this property. So what we're asking for is a reduction in the side yard setback on the east side from 10 to 7, so a deviation of 10 feet, in order to move - so we don't have to disrupt her fence, her carport, because that's her main concern. She wants the property as it. Now, on the east side, the fenceline is seven feet over. So technically even though we would be getting a variance, when you look at it in the field, it would appear that we were closer to the property line than is allowed by the zone. Am I being clear? This is a very strange one. I have talked to other surveyors out in this area. I did get another call from another neighbor, and the same situation on down the street. The -our survey department said the only way to solve the problem is probably for someone to take the initiative to do a record of survey on all of these parcels and try to get everybody's property line matching up with the fences, and do like aproperty-boundary adjustment all the way down the block. That's the only way to clean it up. But we have an issue of like adverse possession because these fences have been there for so long, so to go and tell people what they thought was their property for many, many years it's not is going to be hard, so that's why we would recommend lot-line adjustments to clean up the problem if the neighbor of if these residents want to do that in the future. That's their only option. This solves the problem at hand for us at this time. That's why we're here tonight asking for the variance. Corrie: Okay. Any questions? Meridian City Council~ting • November 3, 1999 Page 31 Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: Are you actually then going to change the legal description to reflect that? Unless you change the legal description, you're - no matter where the adjacent property owners' buildings are, you're still within ten feet -- Bowcutt: So your question is - Rountree: -- of the legal boundary. My question is why are you here? Bowcutt: Why are we here? Rountree: Unless you're going to change the legally described boundaries. Bowcutt: Because in order to change the boundaries, we have to get cooperation from all the adjoining property owners. Rountree: No. That's not my question. If your description is such that where you build the building allows you 10 feet to your described property line, you're within and you're consistent with the ordinance. Bowcutt: But in order to meet that, Iwould - I'd have problems with the carport on the west side. Rountree: You'd have seven feet between the two. Bowcutt: I can't - I can't get the building in there with the carport and the fence. I see what you're getting at: Why am I here? I'm here to try to find a compromise with the property that has an encroaching carport and fence. So what I'm asking for is on the other side of the property, Iwant athree-foot deviation. Rountree: On the other side of the property? Bowcutt: Correct. Yes, sir. On the other side of the property so that my building would slide away from her carport. That's what I said in the field -when you look at the fences, it would appear that I meet the setbacks. But in reality as far as where the property line is of record, I would be encroaching three feet. Rountree: Okay. All right. Corrie: Mr. Bentley. Bentley: She answered that. Thank you. Meridian City Council~ting • November 3, 1999 Page 32 Corrie: That answered the question; we were on the wrong side of the fence. Thank you, Becky. Anyone else from the public like to issue testimony on this variance request? Okay. Hearing none, I'll entertain a motion to close the public hearing on item 16. Rountree: So moved. Bird: Second. Corrie: Motion made and seconded to close the public hearing on Item 16. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Any further discussion? Rountree: I have none. Other than I don't see any difficulty with this. Bentley: I don't either. Corrie: I'll entertain a motion on the request. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we get Findings of Facts and Conclusions of Law on Decision of Order regarding a favorable motion for the variance on the east side yard setback reduction from 10 feet to 7 feet by Pipco, LLC at the site on West Broadway and west of 4th Street. Bentley: Second. Corrie: Motion has been made and seconded to request the attorney to draw up the Findings of Facts and Conclusions of Law with a favorable vote for the Item No. 16. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Now, we're going into here the public hearings for the Comprehensive Plan Amendment. So what I would like Council, if they would be so inclined, we will take 17, 18, 21, 22, 23, 24 and 25 in that order and hold Item 19 and 20 until after that's done. If the Council would like, they can open each one separately, hear it, and do the Findings of Facts and come back for the 16 (inaudible) Meridian City Council ~ting . November 3, 1999 Page 33 Bentley: I haven't any problem. Bird: I have no problem with it, Mayor. Rountree: Sounds like a plan to me. ITEM 17. PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND USE FROM SINGLE FAMILY RESIDENTIAL TO MIXED/PLANNED USE BY J-U-B ENGINEERS, INC.-WEST OF EAGLE ROAD BETWEEN FAIRVIEW & USTICK: Corrie: Item No. 17 is a public hearing: Request for Comprehensive Plan Amendment to change land use from single-family residential to mixed/planned use by J-U-B Engineering, Inc. So I'll open that public hearing on Item No. 17. Staff, any comments? Stiles: Mr. Mayor and Council, we have no additional comments. Nancy Taylor from J-U-B did leave because she thought that these were not going to be heard tonight. Rountree: Who? Stiles: Nancy Taylor, the representative. We had no particular problem with that designation there. They'll all have to come back in for annexation and zoning and conditional use permit. Corrie: All right. So, Mr. Counselor, do we continue this one, then? Gigray: Mr. Mayor, members of the Council, J-U-B is the applicant. I guess the question is whether or not anyone here, anyone else is here to testify on this matter, and I guess it depends on what your ultimate decision would be. If you're inclined to grant this, I don't know that they'd have any prejudice by leaving. That'd be a judgment call on your part. If you wanted to be very technical, I guess, you would continue it because of that information. Corrie: Thank you. Is there anyone else in the public like to issue testimony on Item No. 17? All right. I guess the question would be any of you have any problem with that request to change land use from single-family residential to mixed - Bird: I sure don't. Rountree: I have no discussion during the public hearing. L~ October 29, 1999 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 3 1999 APPLICANT: PIPCO LLC ITEM #: 16 REQUEST: VARIANCE OF THE EAST SIDE YARD SETBACK AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER 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: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SEE ATTACHED NO COMMENT NO COMMENT NO COMMENT NO COMMENT NO COMMENT ~. ~~ ~ w~ ~ ~, r~ c ~~ (~ ~~~ Qvy ~I " SANITARY SERVICE: NO COMMENT OTHER: All Materials presented at public m®etings shall become property of the City of Meridian. ** TX CONFIRt~N REPORT ** AS OF NOU 04 ~ 1312 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 09 11104 13 12 LEGAL DEPARTMENT MODE MINiSEC PGS CMD# STATUS EC--S 00'22" 001 074 OK October 29, 1999 MERIDIAN CITY COUNCIL MEETING: .NOVEMBER 3. 1999 APPLICANT: P~CO~LLC ITEM #: 16 REQUEST: VARIANCE OF THE EAST SIDE YARD SETBACK AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: SEE ATTACHED CITY FIRE DEPT: NO COMMENT CITY BUILDING DEPT: NO COMMENT CITY SEWER DEPT: CITY WATER DEPT: NO COMMENT MERIDIAN SCMOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NO COMMENT NAMPA MERIDIAN IRRIGATION: NO COMMENT ~~ SETTLERS IRRIGATION: ~, v~ ~ W~ IDAHO POWER: (~ US WEST: //Inn~ ~'!f OV, V' BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: NO COMMENT OTHER: All Materials presented at public meetings shall b®come property of the City of Meridian. HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live City Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD City Clerk Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 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: October 20. 1999 TRANSMITTAL DATE: October 7, 1999 HEARING DATE: November 3. 1999 FILE NUMBER: VAR-99-008 REQUEST: VARIANCE - of the East Side Yard Setback (reduction from 10 feet to 7 feet BY: PIPCO. LLC LOCATION OF PROPERTY OR PROJECT: NORTH ON W. BROADWAY AVENUE AND WEST 4T" STREET _ TAMMY DE WEERD P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _ SANITARY SERVICE 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) ~da C,ountu J~ti oUC6 tNCC~ Sherry R. Huber, President 318 East 37th Street Judy Peavey-Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us October 20, 1999 Pipco, LLC 11355 Camas Boise, ID 83709 v _~~.. r^ ~C~l: U .~ - . ;~. . _ . , _~ . _. ~ , E, ~, E, RE: MVAR-99-008 -Variance North on W Broadway Ave and West 4th Street The Ada County Highway District (ACRD) staff has received and reviewed the application and site plan for the item referenced above. ACRD does not have any site improvement requirements at this time. This item will not be heard by the ACRD Commission unless the site plan is changed in such a manner as to require Commission review. All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements. Construction Services procedures and all applicable ACRD Ordinances unless specifically waived in writing by the District. Contact Ms. Joyce Newton for payment of possible road impact fees prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. If you have any questions, please feel free to call me 387-6177 Sincerely, Christy Richardson Development Analyst cc: Project File City of Meridian HUI3 OF TREASURE VALLEY Mayor ROBERT D CORRIE A Good Place to Live LEGAL DEPARTMENT . (208) 288-2499 • Fax 288-2501 City Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (203) 337-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-42.18 DEPARTMENT a . (208) 884-5533 • Faz 887-1297 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: October 20, 1999 TRANSMITTAL DATE: October 7, 1999 HEARING DATE: November 3, 1999 FILE NUMBER: VAR-99-008 REQUEST: VARIANCE - of the East Side Yard Setback (reduction from 10 feet to 7 feet BY: PIPCO. LLC LOCATION OF PROPERTY OR PROJECT: NORTH ON W. BROADWAY AVENUE AND WEST 4T" STREET TAMMY DE WEERD P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _ SANITARY SERVICE 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 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: CENTRAL C •• DISTRICT PR'HEALTH DEPARTMENT DISTRICT HEALTH DEPARTMENT Environmental Health Division Rezone # Conditional Use # ~~ ~ ~ ~ ` ©© Preliminary /Final /Short Plat ~.." ,D e o ~ Lr --~ _ _.~_, I. We have No Objections to this Proposal. ~ 7 1 ~, ,- ' ^ 2. We recommend Denial of this Proposal. "'' _ :' ^~ ..a ~. _~. ~ C _e::..- ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Run-off is not to create a mosquito breeding problem. ^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^ 14. Date:1~/ /3~/ /~ Reviewed By: ~~'.~/~r Return to: ^ Boise ^ Eagle Garden City Meridian ^ Kuna ^ Acz Review Sheet (DHD 10/91 rdt, rev. 7/91 M • HUB OF TREASURE VALLEY • awr ROBERT D. CORRIE A Good Place to Live City Co~~~,~ Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN sENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD City Clerk Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 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: October 20, 1999 TRANSMITTAL DATE: October 7, 1999 HEARING DATE: November 3, 1999 FILE NUMBER: VAR-99-008 REQUEST: VARIANCE - of the East Side Yard Setback (reduction from 10 feet to 7 feet BY: PIPCO. LLC LOCATION OF PROPERTY OR PROJECT: NORTH ON W. BROADWAY AVENUE AND WEST 4T" STREET _ TAMMY DE WEERD P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _ SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: ~~ ~ ~S/~ F1~ cv rG~ ND-/ /1 ~~l ~Z ~3. IJ Pnf~ ~•o-...- (J i ~ ~n- '~i 7 r fib 2 %i9./t-- ~l Jcu-~ -~ ~ Mayor ROBERT D. CORRIE City Council Members. CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Fax (208) 888-4218 LEGAL DEPARTMENT (208)288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 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: October 20. 1999 TRANSMITTAL DATE: October 7. 1999 HEARING DATE: November 3, 1999 FILE NUMBER: VAR-99-008 REQUEST: VARIANCE - of the East Side Yard Setback (reduction from 10 feet to 7 feet BY: PIPCO. LLC LOCATION OF PROPERTY OR PROJECT: NORTH ON W. BROADWAY AVENUE AND WEST 4T" STREET TAMMY DE WEERD P2 KENT BROWN, P2 THOMAS BARBEIRO, P2 RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C „~E~-0EPAR~MEN3• SEWER DEPARTMENT _ SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER NUtt Uh l KEAJ'UKE VALLEY A Good Place to Live ~TY F ME O RIDI ,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 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) ~1~f~iE6 ~~® ~PI'~' ~F ~.A j`~tc1~lA~ O C T 1 2 1999 P; i ~,; • ~ } ~ uJ-_ F d G T 1 5 1999 October 13, 1999 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 WIII Berg, City Clerk City of Meriddan 33 East, Idaho Meridian, ID 83642 Re: Variance Request for Seabury Property; VAR-99-008 Dear Commissioners: ~~~~~ ~i~ .,~ ..~~- .._._ . Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District has no comment on the above referenced ap~ication or any other properly adjoining this area as it will not impact the District. Sincerely, ~~ Bill Henson, Asst. water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File -Shop File -Office V1-'ater Superinter~tent Y~~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 10/07/1999 15:21 1.~, ,,~ ~;ac C~+un~il ~1~+nh~rs ~Il;~t:l.cs ItouvTlue rl.r_x~ I~r~7•I e~' it~)N ~~Ur:RS<)N I:t:l~rtl 1311tf) PAGE 01 l,E~,~L DEP.aRTME~T ,_uSt 215-_.19~) • Pae 2,n.25o! PUBLIC WORKS DUILDINO ~EP,aRTMENT 1.08) 587.'11 I • Fay Rli7.12'77 rt,~ti~ttic AND !<)NING TRANSMITTAL ~O AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WXTH THE CITY OF MERIDYAN To insure that your comments and recommendations will be considered by the Meridian City Co~ncil, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 20 1999 TRANSMITTAL D TE: October 4, 1999_ HEARING DATE: November 3, 1999 __ FILE NUMBER: VAR-9 REQUEST: _VARNANCE THE RIDGE LI BY: LOCATION OF 20 8885052 SANITARY SERVICE • HUd OF TREASURE VALLEY A Gnod Place to Live CITX OF MERIDI~.N 33 EAST IDAHO biERIDrAN, IDAHO 83642 (?QS) Rh8•=t•t33 • Fu.x (20$) $$7-x813 City Clerk Fa?c f~ONI S3S--F213 T PERTY OR PROJECT: FAIRVIEW AVE & HICKORY AVE TAMMY DE WE~RO P!Z KENT BROWN, IZ THOMAS BARBS RO, P/Z RICHARD HATC ER, P/Z KEITH BORUP, P ROBERT CORRI ,MAYOR RON ANDERSO C!C CHARLIE ROUN REE, C/C KEITH BIRO, C!C GLENN GENTLE , C!C WATER DEPAR MENT EWER DEPAR MENT ~ANITARY SER ICE BUILDING DEPA TMENT FIRE DEPARTM NT POLICE DEPAR MENT _ CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN PC3ST 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(RRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8, FINAL PLAT) BUREAU OF RECIAMATION(PRELIM & FINAL) YOUR COI/NCpISyIE REMARKS; Say ~_y1ti~~ ~'/ ~~~ `'t~L !\/~ CJh ICL~~a'1:LI(Y~~4~.~--LJ '1 ~I'!~ C %,~L/i~St_ OCT 07 '99 15 27 2088885052 PAGE.01 10/26/1999 16:42 ~lavilr RUIICRT D CORRIE cn,~ a,;;,~~i ~t~,„Hers CFI;~i2LF:S t.UUNTREE ~I.ENi~ Fit=NTLEI' RON ~.`i>ERSON rt:tTfi (3tRD 2 TRANSMITTAL To insure that Meridian City 85052 • SANITARY SERVICE HUB OF TRGASURE VALLEY • A Good Place to Live CITY OF MERID~.A~N 33 EAST IDr1,H0 NEE"sRID1AN, IDAHO 83642 (208) SRS-•1•-t33 • Fax 1208) 881.4813 City Clerk Fox (208) SSS-a21S PAGE 01 LEGS>L DBP.aRT~IE~T ('_0S)'_8g.ia~t) • Far '_~5._;n i Pll84tC ~\'ORf:$ BUILDING DEP,aRT~iE`1" PLaNN1NG r\~D 20~t~G DEP.4RT11Et~T 0 AGENCIES )F'OR COMN><ENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF NfE~DIAN comments and recommendations will be considered by the ~cil, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 20 1999 TRANSMITTAL D TE: October 7, 1999 HEARING DATE: November 3, 1999 FILE NUMBER: VAR-99-008 REQUEST: VAR ANCE -- of the East Side Yard Setback reduction from 10 feet to 7 feet BY: PIPCO LL LOCATION OF P OPERTY OR PROJECT: NORTH ON W. BROADWAY AVENUE ..~r~ ~w-r-nT iTH n ncr_~- _, TAMMY OE WEE~RD P/Z KENT BROWN, I THOMAS BARBE RICHARD HATCI 'KEITH BORUP, P ROBERT CORRtI ~RON ANDERSOI` CHARLIE ROUN' KEITH BIRD, C/C GLENN E3ENTLE' WATER DEPART SEWER DEPART SANITARY SERA BUILDING DEPA FIRE DEPARTME _POLICE DEPART CITY ATTORNEY 'CITY ENGINEER CITY PLANNER OCT 26 '99 16 49 ~O, P/Z ER, P!2 :. MAYOR C/C REE. C/C ', C1C MENT MENT S MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ~4DA COUNTY HIGHWAY DISTRICT AOA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMA710N{PRELIM 8. FINAL) 2088885052 PAGE.01