Mallard, Charles and Brenda VAR 00-006sent By: city or Meridian;
20HHHH6H54; Jul-3-00 10:23AM; Page 1
200 E. Canton
SuNe 201 ~ ~ i
Meridian. Ill 83642
Ph: {208) 884-5533 ~ • ~ •
Fx_ {208) 88T-1297
..
~~~~~~
0 3 2000
~~4 ~ ~F MERIDIAN
Ttr: Shelby From: Brad Hawkins-Clark
Rax: 888.4218 Pa~ssr 6
Datea 07!03100
Re: Stuff
CC:
^ Ur+gent O For RevlY~w O Ple®se Commerk O Phase Reply O Ploass R~cycls
Hey Shelby. So, how man~t phone calls have you received so far this moming? 1've had one and no
walk-ins. I think it's going tD be a good "get something done" type day! I'm taxing over two different
isms:
1. A 2-page letter from Briggs re. File # VAR-00-006, addending their current application,
already scheduled for the 7/18 C.C. meeting. They asked ff they could piggy-bads this
landscape setback variance request on the street length request. Please transmit this
addendum m C.C., Public Works and PBZ. Thanks.
2. Also attached is a request from attorney Steph®n Sharer for the Findings of Fact 8
Conclusions of Law forMallard Landing Subdivision- Shari asked if you could please
contact Mr. Sharer and inform him ol: our process to request information from City files.
Thanks.
JUL 03 '00 10 18 2088886854 PAGE.01
Sent By: City o7 Meridian; 20888H6854; Jul-3-00 10:23AM; Page 3/5
Lxw Offices
SHERER dl: WYNKOOPy LLP
Stephen T. Sherer 30 E. Franklin Rd., Suite 10
David E. Wynkoop P.O. Box 31 Phone1U8-887-4800
Attorneys at Law Meridian, Idaho 83680 Fax 20f~-887-4titi5
June 21, 2000
R,ECEIVE~
JUL 0 3 2000
Meridian Planning & Zoning Dept.
Attention: Sheri Stiles
200 E. Carlton Avc., Ste. 201
Meridian, ID 83642
Dear Ms. Stiles:
CITY OF MERIDIAN
CITY CLERK OFFICE
As you can sea from the enclosed letter to Mallard Landing Homeowner's Association,
the homeowner's association is now attempting to renege on their agreement to provide water lu
the property of Mr. and Mrs. Swenson. If you would, please arrange to have your staff copy and
send to me a copy of the terms and conditions the city provided to approving the Mallard
Landing sulxlivi5iun. I do not know when approval would have been given, but '1 assume in
May, June or July of 1995 since the letter agreement between Skyline Development and the
Swenscros was drafted in May of 1995.
Thank you fur your consideration and cooperation. Our firm will pay for any reasonable
photocopying expenses incurred.
Sincerely,
STS/j Im
lsnclosure
cc: Michael & Nancy Swenson
SHL'1ZER & WYNKOOP,
~l+v ( '
L~
Stephen T. Sherer
~~ =.
JUL 03 '00 10 19 2088886854 PAGE.03
Sent By: City or Meridian;
208t3886t354; -- Jul-3-00 10:24AM; P2ge 4/5
' - SHERER & WYNdC.40P ALP
Stephen T. Sherer 30 E. l:'ranklin 12d., Suifel0
David E. Wynkoop P.O. B~>x 3 I Phone 208-887-4800
Attorneys at Law Meridian, Idaho 83680 Fax 208 887 48G5
June 21, 2000
Mallard Landing
c/v MGM Management
P.O. Box 1246
Meridian, ID 83680
Ladies and Gcntlctncn:
D
~~~~~~,
JUL 0 3 2000
CITY OF MERIDIAN
CITY r,l ERK OFFICE
This firm represents Michael and Nancy Swenson, who entered into an agreement with
your prcdccessor regarding their water rights and water use.
hirst, it is very important that you understand the Swensons' position in this matter.
Should you send anyone upon their property to attempt to disrupt their water dclivcry systcnt, or
in any other way affect their water delivery system, you will be reported for criminal trespass
and will be sued as a board and individually Cor authorizing criminal activity. You arc now on
Halite.
Second, your prcdccessor in interest, Tucker M. Johnson of Skyline Construction,
executed an agreement with Michael and Nancy Swenson for dclivcry of water to their property.
Without the agreement of Mr. and Mrs. Swenson, your subdivision would not exist because it
otherwise interrupted and affected Mr. and Mrs. Swensons' rights to receive water through their
lateral. In exchange for giving up their lateral and their historic dclivcry system for the water,
they agreed to allow Skyline Construction anti subsequently the Mallard Landing F-Iomcowncrs
Association to pt'ovidc water to them instead.
Third, your letter of June l3, 2000 is an insult to Mr. Swenson and to the pwhlc you
pretend to represent. "it was found you had agreed to pay $25.00 (twenty-five) pEr year for cost
of pumping water." The actual text of the May Z 0, 1995 letter agreement states that they would
be willinl; to pay "our fair share of power costs to n1n the pumping station (assumed not to be
over 25 dollars per year.)" ~inec you have nt;ver provided a breakdown of the costs of electricity
pumping, to claim that Mr. Swenson owes $ I SO.UO is spurious and false. Please provide an
allocation of the pumping costs so that the Swenson's may be able to pay their share. According
to the agreement, they will pay their share, up to and including $25.00 per year for the years in
which they remain legally liable.
1~ourth, you have clearly not investigated the facts under which you write your June 13,
2000 letter. The Swensons currently have four outlets for irriSation, not three as alleged. They
are entitled to a fifth one, and we expect shat to be put in place at a spot designated by Mr,
Swenson. When he has determined where that should be, he will notify you. The agreement
states that 1VIr. Swenson should have five times as much water as a .25 acre lot. 13y making this
C:\WOItK~S~Swe»eun\Ltr6.Z I,OOM(7M.doo
JUL 03 '00 10 19 2088886854 PAGE. 04
Sent By: City oT Meridian; 20H8HH6H54; Jul-3-00 10:24AM; Page 5i5
Mallard Landing -2- June 2l, 2000
MGM Management
agreement, the Swcnsons have again made another concession to Skyline Construction and to the
Mallard Landing Homeowners association. Considering that approximately 4,000 sq. ft. of one
of your alleged quarter acre lots (approxilratcly 11,000 sq. ft.) is covered by house, garage and
driveway, each lot has about 7,000 sq. ft. of possible landscape for watering, Considering the
Swenson's approximately 4,000 sq. fl. in residence, garage and outbuildings, sand 3,000 sq. ft. in
driveway, their 1.25 acres contains approximately 48,000 sq. ft. for needed irrigation, almost
seven limos that needed for one of your quarter acre lots.
As you also notice from the May 10, 1995 letter, the Swcnsons kept Sherry Stiles
informed, because resolution of their water and irrigation problems was a caldition precedent to
allowing the subdivision to be built in the first place. Your attempt to ignore the 1995 agreement
will be afigressively opposed, and the Swensvns will take all steps necessary to impose the terms
of the agrcerncnt upon all parties.
You have fiu-thcr been dilatory in maintaining the system that delivers the water to the
Swcnsons' property. In fact, since one of the Swcnsons' tapes was broken last year, Mr.
Swenson attempted several times to have you repair the damabe. When it became clear that he
would receive no help, he repaired it himself. If you would like to make an issue of ibis matter,
Mr. Swenson will be glad to seek reimbursement fur his costs in repairing his tape.
Mr. and Mrs. Swenson gave up their rights to obtain their water from a ditch so that your
subdivision could be built. Tl-ey cannot bet back on a lateral since they arc now surrounded by
your subdivision. Please be advised that if litigation is necessary to enforce tltc Swcnsons'
agreement with Mr. Johnson ~-nrl Skyline Construction, the Swcnsons will viborously assert their
water rights and will further seek costs and attorney fees pursuant to [d~iho Code § 12-120, ~ 12-
121,and LR.C.P. 54, and/or treble d~jntages under Idaho Codc X42 -902.
1 will reiterate that if you or any of your hired contractors, sub-contractors, employees, or
agents enter onto Mr. Swcnson's property or in any other way attempt to interfere with his water
delivery system YUU WI1,L BC 1'RUSH:CU"I'ED. (f you care to open a dialogue with the
Swcnsons, you may contact them through me st this point.
Sincerely,
STS/j hn
cc: Sherry Stiles
Meridia>.t Planning and Zoning
Mr. and Mrs. Swenson
C:\WORK\S\Swcnsmi\L.1rG.2 LOOM C M.doc
SHL1 'R & WYNKOOt', 1'
J/lam ( J
(/ ~`~
Stephen T. Sherey
JUL 03 '00 10 20 2088886854 PAGE. 05
** TX CONFIRMATION REPORT *~
AS OF JUL 03 '00 12 00 PAGE.01
CITY OF MERIDIAN
DATE TIME TOiFROM
06 07103 11 59 1 208 939 8351
---------------------------------------
MINiSEC PGS CMDkt STATUS
00'52" 001 092 OK
June 28, 2000
Page 2
The "special use procedure" is synonymous with the "conditional use procedure". Note the definition
of `conditional use permit' in the ordinance states:
Conditional Use Permit - (Also known as a Special Use Permit and Special Exception.)
Pernut allowing an exception to the uses authorized by this Ordinance in a zoning
district.
The Floodplain Ordinance requires floodproofmg fl
of the structure be placed 1-foot above the 100-year
level on the site is 2611 ft. The floor elevafion of tt
flood level. The applicant has stated that to raise fl
fllling 3 feet above the existing road, requiring steer
I have also heard that the structue may be designed
damage to the structure. If this is the case, the proje
on a hazdship, but the ordinance requirement cannot
sewer and water systems and that the main floor
ood level (see Ordinance 11-11-3-A). The flood
structure is only 2609.25 ft., neazly 3 feet below
building above the flood level, it would require
slopes contrary to "good engineering practices."
allow the flow of floodwaters tluough it, without
would be a good candidate for a Variance based
~e simply waived without a Vaziance.
Conditions that may be required by the Comer
Floodplain Overlay Zone through the Conditional
a. I.imitatiotas on periods of use and o~
b. imposition of deed restrictions;
o. Location and arrangement of struc~tu~
avoid an increase in flood heights dti
d. Requirement for construction of char
measures;
e. Placement of survey benchmarks; az
f. Additional Floodproofing measures.
If the requirement for the Conditional Use process is
imposed on,project. As written, such restrictions must
just by staff to be in effect.
Further, according to 11-11-6, the evaluation of the ei~
fringe areas causing increase in flood heights is based
but upon the reasonable assumption chat other laradowr
develop to an equivalent extent within the floodway,
encroachments must be considered by the Commissio
StafF recommends requiring the Conditional Use F
However, if the Council is inclined not to require the
instruct the legal department to prepare an ordinance rE
use process and gives staff authority to impose the ad
n [and Council] in approving structures in a
Process include:
within the floodway and floodway fringe azeas to
g the recurrence of the 100-year flood discharge;
l modifications, dikes, levees and other protective
ninated, these types of conditions could not be
imposed by the Commission [and Council], not
~t on a proposed use in the ftoodway and lloodway
of j ust on the effect of the single use acting alone,
rs within the floodplain may need to be allowed to
id, therefore, the accumulative effects of all such
in making any decision.
per the ordinance to address these issues.
zonal Use process in iloodplains, they should
that strikes the requirement for the conditional
~l floodplain conditions stated in Chapter 11.
P gle Coanero l'wnD~g4V.doc
~ ~--
. Meridian City Council
June 3, 1997
Page 19
Crookston: I think that it means that a variance would have to be requested.
Stiles: Since I started this job three plus years ago, my predecessor had given me the
instruction that was the way it was to be done that we allowed the one time split. We
have been allowing the one time split, probably even before Wayne Forrey was here
maybe Gary could attest to that. Jack Niemann had written numerous fetters I found in
the file saying they are allowed a one time split as long as they meet the requirements
of the ordinance as far as lot size and the frontage requirement we have routinely been
allowing a one. time split.
Morrow. That was a matter of policy not of ordinance so we don't have a formal
structure to do that. Which we need to do post haste.
Rountree: I have a question for Wayne or Shari or both, what did we do with Albertson's
at Cherry Lane and Meridian?
Crookston: They started out initially coming in with a subdivision plat then we got into
the problem with water.
Rountree: No we are talking about Cherry Lane and Meridian Road, the old Albertson's.
Crookston: That was established prior to our ordinance and, but they have since come
in with a subdivision plat.
Corrie: Well Council it looks tike you can do one of two things here.
Morrow. What might that be?
Corrie: Well you can ask for a variance or you can ask for a subdivision, actually there
are three, one time split and do the ordinance post haste as you said.
Morrow: Well that would be my preference. (Inaudible) staff has got it pretty well
covered I think that what we do is from my perspective is we grant the one time split and
then we also come back (inaudible) so my motion would be that we grant the one time
lot split for Lamont Kouba at 835 E. Fairview Avenue.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, any further discussion?
All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #14: CHARLES & BRENDA MALLARD: LOT SPLIT 3225 S. CINDER ROAD -
SW CORNER OF VICTORY AND CINDER ROADS:
Meridian City Council
June 3, 1997
Page 20
--.
Mallard: Our request is, well first we are outside the City of Meridian city limits but we
are within the impact area. Our request is for permission from the City of Meridian that
we rezone our property from an RT to an R1 status. Presently we have a home on our
property, we have 5'/ acres, we have a house. We have our in-laws mobile home there
on a conditional use permit and a bam. Presently we have available a one time split, we
are eligible for that. We are wanting to take advantage of that one time split sell off the
old house and build a new home, remove the mobile home from the property and allow
my in-laws with us into smother-in-law quarters. My in-laws both have had heart
surgeries in the past, recently my father-in-law has gone through colon cancer and he
has had some heart problems in the recent years. Financially they are just making and
we were wanting to, if anything goes wrong with their home I don't have the funds to
cover that. Utilities and everything if they move in with us I would pay for all of that
being under our house. So our proposal is to take advantage of that one time split. In
order to do that we must rezone to an R1. I don't propose to go any farther than just
rezoning to an R1. The cost of subdividing and coming up with 5 1 acre pieces is
possible but the costs are horrendous and would not justify such an action. Besides we
have neighbors, we feel like what we are doing here by maybe keeping 3 acres or 3 '/2
and selling two was more compatible with what the neighborhood is. We wouldn't want
to go and put five homes right there and make the neighbors unhappy. What we are
proposing we feel like fits in with the surrounding area. It would be beneficial for us and
for our in-laws. The reason I am here is because I haven't gone through the formal
rezone permit with Ada County. In the process of finding out my property status and
being eligible for a one time split they recommended that I contact the City of Meridian
and get their permission or see what they would feel in this matter. That is why we are
here tonight.
Rountree: Just to get on the record that each dwelling would be in excess of an acre?
Mallard: Right, I have a drawing there and t proposed from a 1 '/ to a 2'/ that we would
sell with the existing home. We haven't quite determined what we would like to do. We
would like, we are just trying to pursue this and see what we can do and then what
would be the best fit there we will decide down the road. Somewhere in between that
probably, 1 '/ to 2'/. We would like to retain at least 3 acres.
Morrow: Mr. Mayor, (inaudible) my question would be is according to your application
your comments here is that you are having the mobile home removed.
Mallard: We will yes.
Morrow: The net result is that there are still two dwelling units on the 5.5 acres. If I
understood this correctly there is only one well?
Mallard: There is only one well.
r~ /'~,
Meridian City Council
June 3, 1997
Page 21
Morrow. Will a new well be drilled for the new
Mallard: We would have to have a new well for the new home.
Morrow. And you would utilize the existing septic system?
Mallard: If possible, if we go to 2 '/ acres it probably -would not be possible. If we sold
just 1 '/ acres it would be possible to use that existing drain field. The drain field was
put in 1990 when we put in the mobile home. In fact my drain field on our house was put
in at that same time too.
Morrow: I have no further questions. Question for Shari, is there some sort of formal
action that we need to take here such as a letter to the County?
Stiles: In the past the County has taken anon-response meaning there was no concern
on the part of the City. I think because of some of the recent discussions they are being
a little more aware of our comprehensive plan and our desire to follow that
comprehensive plan. Our comprehensive plan policy does state that in the rural
residential areas there is a minimum of 5 to 10 acre per home. I would hate to see this
come up on every single piece of property in our area of impact. But I think in certain
cases you have to look at it on a case by case basis. The fact that they have a mobile
home there now and are willing to remove it and put on a real home or construct a
home on the property. I think that is a plus as long as they meet Central District
Health's requirements and Department of Water Resources requirements and stick with
the 2 '/ acre minimum there. There are some acre lots I believe just to the south of this
five acre piece. And then kitty corner to the NE there are some more I am not sure, they
are less than 5 acres I believe.
Morrow. So generally you have no problem with this and probably it is appropriate for us
given Ada County's deal to send a letter from the City saying we don't have a problem
with this.
Stiles: In this particular, if that is the way the Council goes. I mean, I cannot change
what your policy is. If Council desires to allow this just hopefully we don't see it on every
piece of property that comes up.
Morrow: I guess from my perspective, point of discussion I don't have any problem with
this.
Bentley: I don't have a problem with this either but I would like to see us start notifying
the County on some of these issues. We have made it a very strong point that we want
to be notified when something is happening in impact areas and I think we need to
return the courtesy by letting them know yea or nay on what we want to see.
Meridian City Council
June 3, 1997
Page 22
Stiles: They will have to submit an application to the County and submit it to us far
comment. I think they were just letting them know before they spent their money come
to City Council and make sure there was no objection.
Corrie: Any further discussion? Council, I will entertain a motion.
Morrow: Mr. Mayor, I would move that we forward to the County a letter showing our
approval of this split for the Mallards and recommend that they approve it.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to send a letter to the
County for approval of this split? Any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #15: PAULA DEVANEY: DOG LICENSING FOR GUIDE DOGS AND GUIDE
DOG PUPPIES:
Corrie: Paula?
Devaney: I am here tonight to request and I was, I don't have a copy of the ordinance
for dog licensing I am sorry, but Franklin is here also tonight to represent the program.
What this program is, it is guide dogs for the blind, these are guide dog puppies in
training. They are born in California and then they are raised by puppy raisers
throughout the nation for 15 to 18 months before they are returned to the school to be
trained as guide dogs. Most of the dogs are raised by kids in the 4H program. They do
sometimes make exceptions and let adults have them if you beg enough which I did.
Generally they are raised by young people in the 4H program the only, they are in
charge of everything for the dog, paying for their food, the veterinarian care is paid for
by the school in California. Or in my case the Meridian vets are really great and they
donate part of it. Since it is usually done by kids we were hoping that the licensing fee
not the licensing requirement the licensing fee for the guide dog puppies and hopefully if
a guide dog is returned to our community and works as a guide dog or an assistance
dog that fee would also be raised for the person needing that assistance from the dog.
Also we don't have a choice whether the dogs are spade or neutered, that comes from
the school and I know the fee varies from that. It seems like a nominal amount and for
me it would be, but like I say normally this program is for kids in 4H. That is why we are
coming tonight to see if we can get the fee waived, not the requirements but just the fee
for guide dogs and guide dog puppies in training.
Morrow: Mr. Mayor, I have to tell you from my perspective I did read the Readers Digest
version of this particular story and I am a strong supporter of the concept. I do think that
part of government's job or its main job is to help folk that are having a tough time and I
very candidly think that we ought in fact to waive those fees.
~. ~
MERIDIAN CITY COUNCIL MEETING: June 3,1997
APPLICANT: ITEM NUMBER; 14
REQUEST: CHARLES & BRENDA MALLARD: LOT SPLIT 3235 5 CINDER ROAD
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT: ~ J~''
CITY BUILDING DEPT: ~ 16
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
Charles S. and Brenda K. Mallard
3235 S. Linder Road * Meridian, ID 83642
May 27, 1997
Robert D. Corrie, Mayor of Meridian and
Meridian City Council
333 East Idaho Avenue
Meridian, ID 83642
Dear Sirs,
We are requesting permission from the City of Meridian to rezone our property from the
current RT designation to a R1 designation. Attached is a letter from the Ada County
Development Services dated February 19, 1997. This letter indicates that we have the right to
file an application for change to R1 and that the property is eligible for a one time division
exception. The letter also suggests that any zone change first be discussed with the City of
Meridian, as the property's location is within Meridian's impact area.
The property is located at the southwest corner of Victory and Linder Roads, and is
approximately 5.51 acres. The property address is 3235 S. Linder Road, in the NE1/4 of Section
26, T3N, Rl W. Assessor's Parcel S 1226110030, currently zoned RT. Buildings on our property
include our home, a barn and a temporary double-wide mobile home (See Exhibits 1-3). There
are two separate septic systems and separate utilities to each home, with one well shared by both
homes. We have lived in the home since September 1989 and my wife's parents have lived in
the mobile home since December 1990.
We would like to sell approximately 1.5 to 2.5 acres with the existing home (See Exhibit
3), remove the mobile home, and build a new home on the remaining acreage. In order to do this
the property must be rezoned from RT to R1, which would allow us to use a one time division
available to this property. The one time division would make it economically feasible to divide
the property into two parcels.
Listed below are our reasons for rezoning the property to a R1 designation:
1. Our family likes this area of Ada County, with the City of Meridian located nearby. Our
children have attended schools in the Meridian School District for nine years and have
spent most of their lives in our present home
2. The properties in this area have one, two, five, and larger acre lots (See Zoning and Parcel
Maps, Exhibits 4-11). The division of our property into two parcels corresponds with the
current and future development of the area.
3. The mobile home would be removed, thus there would not be an increase in the number
of homes on the property.
,-.. ~.,~
4. The mobile home's c~..;uit breaker exemption for property taxa~ion would cease when the
home was sold.
5. The existing home and the new home would add greater tax basis for property taxation.
6. The new home may be able to use the existing mobile home septic system (Installed
1990), depending on how the property is divided. If this were possible, only a new well
would be needed on the new property.
7. All other utilities for the mobile home could be used by the new home.
8. My wife's parents will live with us, so that we can take better care of them. They both
have heart and other health problems that limit what they can do.
9. In addition to health problems, they have very limited financial resources.
10. We also have limited financial resources, however by building one home, we would be
able to pay the costs for utilities, insurance and maintenance. This would enable my
wife's parents to be free of those burdens and thus feel more financially secure.
In summary, we are requesting approval from the City of Meridian to rezone our property
from the current RT designation to R1 designation. We will be patiently waiting to hear from
you, so we will know how to proceed with our plans.
We know how valuable your time is and appreciate your help looking into this matter. If
you need to contact us, please call 887-2065 (Home) or 388-2648 (Work).
Sincerely,
Ag.m~ee~CL
Charles S. Mallard
9~T°~**• ~`~ ADA COUNTY
? r
~ ~ DEVELOPMENT SERVICES
~'~,9T = 650 Main, Boise, Idaho 83702
F _;~~-
BUILDING DIVISION -Phone: (208) 364-2277 PLANNING & ZONING - Phnna i~nAl ~~_77 ~~
February 19, 1997
Charles S. Mallard
3235 S. Linder Road
Meridian, Idaho 8362
RE: Property Status Report 97-05-ZCA. Property located at 3235 S. Linder Road, in
the NE 1/4 of Section 26, T3N, R1W. Assessor's Parcel S1226110030. RTzone.
Mr. Mallard:
This letter is an addendum to the property status determination letter mailed to you on
February 7, 1997. It is in response to our telephone conversation on February 11, 1997,
and your letter dated February 12 and received February 14, 1997.
In your letter you request additional information which I will address as follows:
As stated in our previous letter, your property is currently zoned RT (Rural Transition), it
is unplatted land, and county records show that it is 5.51 acres in area. The property is
also located within the Impact Area of the City of Meridian but it is not within the Urban
Service Planning Area of Meridian.
After review of your questions and further inquiry into the public records, we found a
copy of the Memorandum of Contract of Purchase between J. Melvin ~ Goldie L.Taylor
and Larry R. & Donna M. Watson that had been recorded with the Ada County
Recorder's office under Instrument # 8423179 on May 10, 1984. That document
effectively split off Assessor's Parcel S1226110030 which was retained by the Watson's
and subsequently conveyed to you. When conveyed to you, in September, 1989, the
parcel was not in conformance with the Dimensional Standards of the AP-1 zone (then
in effect) which had a minimum lot size of forty acres. However, when an Impact Area
Agreement Amendment became effective on January 14, 1991, the property became a
conforming lot with the Dimensional Standards of the new RT designation, which as you
know has a minimum lot area of five acres.
Additional factors to consider are the following:
Ada County Code Section 8-10-36 states:
Exceptions: The following divisions of land shall not constitute a subdivision:
3. One division of a lot or parcel of contiguous land held under a common
ownership which is of record in the County Recorder's Office or the County
Assessor's Office prior to January 1, 1985, into not more than two (2) parcels,
providing said division is in compliance with minimum zoning standards.
Therefore, you would be eligible for the One Time Division Exception if both resulting
lots from such a split met the dimensional standards of the zone in which the property is
located. As stated in our previous letter, under the current RT zone you do not have
enough land to legally divide your property into two conforming lots.
You do have the right to file an application for a change of zone to R1 as you have
proposed, however, the following should be considered first:
When our staff analyzes a Change of Zone proposal within the Impact Area of Meridian,
we are guided by our Comprehensive Plan, our Zoning Code and Meridian's
Comprehensive Plan. Therefore, the following must be considered:
1996 Ada County Comprehensive Plan 5.10-17 MERIDIAN AREA OF CITY
IMPACT
The specific goals, policies and implementing ordinance that Ada County
and the City of Meridian have agreed will be applicable in the
Meridian area of City Impact, are codified in Ada County Code, Title 9,
Chapter 4, as it may be amended from time to time.
Ada County Code Section 9-4-3 states:
APPLICABLE PLAN POLICIES AND ORDINANCES:
A. The Meridian Comprehensive Plan, as amended by the City of
Meridian on December 7, 1993, shall apply to the Meridian Area of City
Impact.
The City of Meridian Comprehensive Plan Rural Areas Policies 6.3a states:
Within the Area of City Impact but outside of the Urban Service Planning
Area, one single family residential building may be constructed on a 5 or
10 acre lot without municipal sewer services being provided if Central
District Health Department approves private sewer and water service.
Since the property is within Meridian's Impact Area, but not within the Meridian Urban
Service Planning Area, it is recommended that you first discuss a zone change with the
City of Meridian Staff (Shari Stiles) for her evaluation of such a proposal.
After you consult with Meridian Staff, and you then wish to pursue a request for a
change of zone, it is recommended that you call this office and schedule a Pre
Application Conference with our Staff. In this meeting you may pose additional
questions that you may have and also you can discuss the application and hearing
process. This would be an informal meeting and there is no fee required. For an
appointment, call Bob Unger at 364-2277.
Finally, this determination was made based upon current information contained in the
public records, and on the current Ada County Zoning Ordinance and the Ada County
Comprehensive Plan. Future changes made to any of these sources may effect the
determination made herein. You may, if you wish, appeal this determination to the Ada
County Planning & Zoning Commission. To do so, you must file the appeal within fifteen
(15) days of the date of this letter. The fee for filing an appeal is $110.00. This fee must
be in the form of cash, cashier's check or money order.
Sincerely,
Jon Salter, Planner I
Ada County Development Services
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Structures located on Tax Parcel No. S1226110030
~ Charles S. 8 Brenda K. Mallard-Owners
~ Scale 1" =Approx. 9T
1. Home at 3235 S. Linder is approx. 1500 sq. ft.
upstairs 81500 sq. ft downstairs.
Garage approx. 540 sq. ft (20' X 27').
2. Mobile home at 3245 S. Linder approx. 1440
sq. ft. (24' X 60').
Front porch approx. 180 sq. ft. (10' X 18').
east porch approx. 360 sq. ft. (12' X 30').
A conditional use permit was acquired.
3. Bam 8 stables approx. 1350 sq. ft.(45' X 30').
4. Storage bldg. approx. 320 sq. ft.(8' X 40').
5. Storage shed approx. 100 sq. ft.(10' X 10').
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