Pat King AUG 00-005CITY CLERK FILE CHECKLIST
Project Name: Pat King File No.
Date Received from Planning and Zoning Department:
Planning and Zoning Level:
0 Transmittals to agencies and others:
51 Notice to newspaper with publish dates:
0 Certifieds to property owners:
AUP 00-005
Hearing Date: May 9, 2000
April 12, 2000
21 -Apr -00 and 5 -May -00 -
April 18, 2000
Q Planning and Zoning Commission Recommendation: ❑ Approve x0 Deny
Notes:
City Council Level:
❑ Transmittals to agencies and others:
Notice to newspaper with publish dates:
❑ Certifieds to property owners:
Hearing Date
n/a
19 -May -00 and
❑ City Council Action: ❑ Approve
❑ Findings / Conclusions / Order received from attorney on:
Notes:
Findings / Conclusions / Order:
❑ Approved by Council: _
❑ Copies Disbursed: _
❑ Findings Recorded
Development Agreement:
❑
Sent for signatures:
❑
Signed by all parties:
❑
Approved by Council:
❑
Recorded:
❑
Copies Disbursed:
Ordinance
No.
❑
Approved by Council:
Resolution No.
❑ Recorded: Deadline: 10 days
❑ Published in newspaper: _
❑ Copies Disbursed:
❑ Deny
June 6, 2000
2 -Jun -00
Resolutions:
Original Res / Copy Cert: Minutebook
Copy Res / Copy Cert: City Clerk
City Engineer
City Planner
City Attorney
Sterling Codifiers
Project File
Copy Res / Original Cert:
Ada County (CPAs)
Applicant (non -CPAs)
Recorded Ordinances:
Original: Minutebook
Copies to: City Clerk
State Tax Comm.
Starting Codifiers
City Attorney
City Engineer
City Planner
Project file
Applicant (if appl.)
Findings / Orders:
Original: Minutebook
Copies to: Applicant
Project file
City Engineer
City Planner
City Attorney
" Record Vacation Findings "
Recorded Development Agreements:
Original: Fireproof File
Copies to:Applicant
Project file
City Engineer
City Planner
City Attorney
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 Planning and Zoning Commission 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 7:00 p.m. on May 9, 2000 for the purpose of reviewing
and considering the application of Pat King for a Accessory Use Permit to operate a
landscaping/lawn mowing business out of his home located at 1917 Leisure Lane.
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 13th day of April, 2000.
WILLIAM G. BERG, JR., C Y CLERK
01F ME&j,
PUBLISH April 21 and May 5, 2000.
AL -
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PAT & LINDA KING - 1917 N. LEISURE LANE
ABUTTING PROPERTY OWNERS (AUP)
TREBILCOCK TINA M
1930 LEISURE LN
MERIDIAN ID 83642
BRIGHT AARON
1928 LEISURE LN
MERIDIAN ID 83642-1526
MARTIN TERRY J &
MARTIN MARY ANN
1905 NW 11TH AVE
MERIDIAN ID 83642-1500
CRABTREE DOUGLAS L & DENISE F
1927 LEISURE LN
MERIDIAN ID 83642-1527
KING PATRI SEPH &LINDA
1917 LEIS LN
MERID ID 83642-1527
N URE LANE
7 N LEISURE LN
FELLOWS CHARLES R & JOENE K
1932 LEISURE LN
MERIDIAN ID 83642-1526
COATNEY WILL V & CONNIE K
1926 LEISURE LN
MERIDIAN ID 83642-1526
WEEKS GARY C &
WEEKS VICTORIA
1812 LEISURE IN
MERIDIAN ID 83642
1838 N LEISURE LANE
BOOTH MICHAEL C & PATTY A
1841 LEISURE LN
MERIDIAN ID 83642-1529
(208) 884-5533 • Fax 888-6854
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
Planning & Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: April 28, 2000
TRANSMITTAL DATE: April 12, 2000 HEARING DATE: May 9, 2000
FILE NUMBER: AUP-00-005
REQUEST: OPERATION OF A LANDSCAPING/LAWN MOWING BUSINESS OUT OF
HOME.
BY: PAT KING
LOCATION OF PROPERTY OR PROJECT: 1917 LEISURE LANE
SALLY NORTON, 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
CHERIE McCANDLESS, C/C
KEITH BIRD, C/C
TAMMY de WEERD, 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
COMMUNITY 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:
MAYOR
HUB OF TREASURE VALLEY
Robert D. Corrie
A Good Place to Live
LEGAL DEPARTMENT
CITY COUNCIL MEMBERS
Ron Anderson
CITY OF MERIDIAN
33 EAST IDAHO
(208) PUBL C WORKS$ -2501
BUILDING DEPARTMENT
Keith Bird
MERIDIAN, IDAHO 83642
(208) 887-2211 • Fax 887-1297
Tammy deWeerd
Cherie McCandless
(208) 888-4433 • Fax (208) 887-4813
City Clerk Office Fax (208) 888-4218
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 • Fax 888-6854
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
Planning & Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: April 28, 2000
TRANSMITTAL DATE: April 12, 2000 HEARING DATE: May 9, 2000
FILE NUMBER: AUP-00-005
REQUEST: OPERATION OF A LANDSCAPING/LAWN MOWING BUSINESS OUT OF
HOME.
BY: PAT KING
LOCATION OF PROPERTY OR PROJECT: 1917 LEISURE LANE
SALLY NORTON, 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
CHERIE McCANDLESS, C/C
KEITH BIRD, C/C
TAMMY de WEERD, 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
COMMUNITY 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:
CITY OF MERIDIAN
33 East Idaho Street, Meridian, ID 83642
ACCESSORY USE APPLICATION
APPLICANT:
(Owner or holder of valid option)
ADDRESS: I-[
I
IV y e o s CIf%e, t- 4 n - -
L__
IL
aaalp-00 oft
Phone:
'Edl w 36 41) --
GENERAL
GENERAL LOCATION: d �-� (' I� E r ,
LEGAL DESCRIPTION OF PROPERTY (Attach description if len h � 8 f
_Y) c rr �S' h me"ex.
L 1L r I
�a �jG, U�t tL,�_c, J ��►�c, jtt,c.i.�c'� SIPc ah o2"/7
4 rpt
PROOF OF OWNERS IIIP: Copy of property deed must be attached, with option
notarized consent of owner if applicant is not legal owner. agreement and
0( -re
SIZE OF PARCEL OR LOT: r :sig rt 7s ►� re
ZONING CLASSIFICATION: - Ll
VICIMTY SKETCH: A vicinity map at a scale approved by the C' showing property
adjacent uses, streets existing and such other items as the C' may require.
l PertY fines,
showingboundaries pr"ro floor lin of house area. intended for accesso include
use, and parkin
and yard areas.
SURROUNDING PROPERTY OWNERS: Provide a list of names and addresses of all abutting
Property owners. Abutting land includes parcels across the street on alleys and kitty corner from
Property, including where a street or alley is between your property and the other property.
information will be provided by City of Meridian.) (This
DESCRIPTION OF REQUESTED ACCESSORY USE: -3 S f6 r'0 PC r'so 4 of % L) -e
�s W-61 Cks
FEE: $80.00
" c v1 S w t s� �t W W I in o coli n
Sr f!e SS
1. Use made of all abutting lots or parcels _ham ct� 2
2. Are there other accessory uses ofa similar nature in the area? If so, state the location and the
accessory use:. C-
3. Possible adverse impacts on adjacent property such as noise, traffic, excess light, odor,
etc.: Oc"AfV "' b , 51 y"` st> `(
S
4. Do you agree to Pay increased sewer, water or trash fees if such are required due to increased
use? "/ -(<�
5. If the accessory use includes construction of a building on the lot or parcel, complete the
following:
a. Will all parts of the accessory building be located within the lot or parcel?
b. Is the primary building already constructed? �Cs — Rl r 4 l b ie S ,,, s e lu,1i .2L
C. Is the accessory building to be attached to the primary building? NC;
d. Will the accessory building be constructed in the rear yard of the primary building? ps
e. Will the accessory building occupy less than 40% of the required rear yard for the
primary structure? '� C _�
f. If the answer to the above is no, will the accessory structure be connected to the
primary structure and will both the primary and accessory structure then meet all yard
and court requirements?
g. Does the height of the accessory building exceed 15 feet? N C
h. If the lot or parcel is zoned commercial, is any abutting property zoned residential and,
if so, will the accessory use occupy any of the front yard?_, ;
.N� If the accessory use is for a Family Child Care Home, complete the following:
a. Is a State of Idaho basic day care license required for this type of facility?
If so, attach a copy of your license.
b. Have you applied for or received an occupancy permit?
If so, attach a copy of your application or permit.
C. Is one off-street parking space per employee provided?
d. If the home is located on an arterial or collector, is an off-street child pick-up area
provided?
e. Is screening of adjacent properties provided?
f. Is the play area for the children fenced from streets and neighbors?
If so, what is the fence height and type of construction?
7. If the accessory use is for a home occupation, complete the following:
a. Are only family members residing in the principal residence?
b. Is the use of the residence as a home occupation incidental and subordinate to its use
as a residence?_'�
C. Will the home occupation use more than 25% of the floor area of the dwelling?'_`'
2
d. Will any item be offibred, for sale that is not produced by the dwelling occupants of the
premises? 0
e. Will mechanical or electrical equipment be installed or maintained other than such as
is customarily incidental to domestic use?t f
f How much traffic will be generated by the occupation?__
g. Will off-street parking requirements be met? v [�
h. Will off-street parking requirements be located in a required front yard?
i. Will equipment or processing create noise, vibrations, glare, fumes, odor, or electrical
interference detectable to the normal senses off the lot?v
j. Will the appearance of the residence be altered or the occupation be conducted in a
manner which would cause the premises to differ from its residential character in the
use of construction, lighting, signs and in the emission of noise, fumes, odors,
vibrations or electrical interference?
I hereby certify that the information contained herein is true and correct.
,r
SIGNATURE: �� I
SOCIAL SEC Y NO.: - s 710,
DATE:_
STATE OF IDAHO )
ss.
County of Ada)
On this -��— day of fore me, the undersigned, a Notary Public in
and for said State, personally appeared "Xti' ,known, or proved to me, to be
the person(�s j` whose name is (�e) subscribed to the, 'thin instrument, and acknowledged to me
that he/she/they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day
and year in this certificate first above written.
Nn Notary Public r Idaho �a
(SE 466"000
Residing at:
My Commission Expires:
:• ,OTAR},
B L1G
OF 1 -
ALLIANCE TITLE &
ESCROW CORP.
1 ,
READ & APPROVED BY GRANTEE(S)
� r
{6700 & 66701
_ .�, Li iAiVLc T 1TL' -
E ABOVE TEINE, FOR RE ING DATA
dfder No.: 9707 201 SRC/SB
WARRANTY DEED
FOR VALUE RECEIVED NILA R. BROWN, who acquired title as NILA RAE HALL
WILLIAMS, also shown of record as NILA R. WILLIAMS AND KENT L. BROWN,
WIFE AND HUSBAND
GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto PATRICK JOSEPH
KING and LINDA KING, HUSBAND AND WIFE
GRANTEE(S), whose current address is: 1917 N. LEISURE LANE, MERIDIAN, IDAHO 83642
the following described real property in ADA County, State of Idaho, more particularly
described as follows, to wit:
As set forth on the attached EXHIBIT "A", which by this
reference becomes a part hereof.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and
Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said
Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from
all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered
or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and
agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments,
if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrrant and defend
the same from all lawful claims whatsoever.
Dated: October 30, 1997
NIT�A
R. BROWN
KENT L. BROWN
►% tl�e yc.ot� �. before me Ow L e�' a Notary
y RShT L. BROW
rvic vti1,Uh KBC:B1VBll NILA R. BROWN, wno acquired title as NILA RAE HALL
WILLIAMS, also shown of record as NILA R. WILLIAMS AND KENT L. BROWN,
WIFE AND HUSBAND "`
GRANTOR(S), does(do) hereby G,,ANT, BARGAIN, SELL and CONVEY
KING and LINDA KING, HUSBAND AND WIFE t„ito PATRICK JOSEPH
GRANTEE(S), whose current address is: 1917 N. LEISURE LANE,
the following described real roe MERIDIAN, IDAHO 83642
described as follows, to wit: property in ADA County, State of Idaho, more particularly
As set forth on the attached EXHIBIT "All, which by this
reference becomes a part hereof.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and
Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said
Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from
all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered
or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and
agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments,
if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrrant and defend
the same from all lawful claims whatsoever.
Dated: October 30, 1997
N44 R. BROWN
STATE OF IDAHO
COUNTY OF ADA
known or identified
acknowledged to me tl
be 4e
104
'•.. o
KENT L. BROWN
whose name(s) is/are
> same.
�dy a Notary „
to the within,1.irument, and
Name.
(type - print)
Residing at: BOISE, IDAHO
My Commission Expires: Q'S�'i;
ORDER _NO. 97070201 .0/SB-
EXHIBIT "A"
PARCEL I
A parcel of land in the Southeast Quarter of the Southwest
Quarter of Section 1, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, more particularly described as
follows: .
COMMENCING at the Southwest corner of the Southeast Quarter
of the Southwest Quarter of Section 1, Township 3 North,
Range 1 West, Boise Meridian, thence
North 00 degrees 24130" West 671.74 feet
North 89 degrees 35' East 149.90 feet to
BEGINNING; thence
North 00 degrees 23' West 150.10 feet to
North 04 degrees 15130" East 162.82 feet
East 214.43 feet to a point; thence
South 00 degrees 07' East 140.46 feet to
South 19 degrees 23' West 181.07 feet to
South 89 degrees 35' West 165.71 feet to
BEGINNING.
PARCEL II
to a point; thence
the REAL POINT OF
a point; thence
to a point; thence
a point; thence
a point; thence
the REAL POINT OF
An easement for ingress and egress more particularly
described as follows:
COMMENCING at the Southwest corner of the West Half of the
Southeast Quarter of the Southwest Quarter of Section 1,
Township 3 North, Range 1 West, Boise Meridian, Ada County,
Idaho; thence
East 220.36 feet to the REAL POINT OF BEGINNING; thence
North 00 degrees 0.7'- West 476.41 feet to a point; thence '
North 19 degrees 23' East 394.24 feet to a point; thence
North 00 degrees 07' West 105.78 feet to a point on a curve;
thence curve right on a curve whose radius is 37.50
feet, whose central angle is 32 degrees 2912011, whose
long chord bears
North 39 degrees 49120" West 20.98 feet to a point; thence
West 180.06 feet to a point of curve; thence curve right on
a curare whose radius if 37.50 feet, whose central angle
is 312 degrees 50140" and whose long chord bears
North 30.00 feet; thence
East 130.06 feet to a point on a curve; thence curve right on a
curve whose radius is 37.50 feet, show central angle is
212 degrees 15'2011, whose long chord bears
South 50 degrees 25140" East 72.05 feet to a point; thence
South 00 degrees 07' East 113.00 feet to a point; thence
South 19 degrees 23' West 394.24 feet to a point; thence
South 00 degrees 07' East 469.27 feet to a point; thence
West 42.00 feet to the REAL POINT OF BEGINNING.
I R
INE
Shari Stiles
Zoning Administrator
City of Meridian
200 East Carlton, Suite 201
Meridian Id 83642
Ref: Accessory Use Permit Pat King
Property at 1917 Leisure Lane
Parcel#S1201346670 & #S1201346700
March 8, 2000
I object to the issuance of a Use Permit for the operation of a landscaping/lawn
mowing business at the above address:
1. Leisure Lane is zoned residential.
2. The property is located on a narrow private lane that is in very poor shape and would
be unable to support the increased traffic.
3. The entrance on to Leisure Lane is off Cherry Lane and is located in a school zone.
�"-xDvr"�c_..__.. _f t1� ��►vva mPn4:nnorl T M,�r s Q
5. Leisure Lane is a dead end street with only one way in, and one way out, it does not
lend it's self to large truck traffic.
6. Mr. King has already been operating a portion of his business at the above address; he
has excavated a portion of the property and dumped the dirt on the shoulder of the
lane interfering with the natural flow of run off water. This has also contributed to
narrowing the width of the road.
7. Mr. King presently has been hauling in debris from his various job sites that consist
of branches, leaves, and left over sod dumping the branches and waste on his property
thus allowing harborage to rodents.
8. He has developed a large compost pile and uses a small tractor to periodically turn the
pile creating a very unpleasant odor in the neighborhood.
9. He periodically runs small branches though a wood chipper for hours at a time
disturbing the normal quiet of the neighborhood. He also burns some of the debris in
an open fire on his property, which adds to the pollution of his operation.
10. Residences currently surround Mr. King on all sides. There is absolutely no buffer
zone between residents and his current operation. The view, smell, and traffic caused
by this operation will severely effect the value of the surrounding properties.
11. His present operation is an eye sore (photos' attached) and I would expect it
deteriorate further if this Use Permit is approved.
Thank you
woe �
Charles R Fellows
1932 Leisure Lane
Meridian ID 83642
-,''1
March 13. 2000
'V
ell�
4'
We object to the Accessory Use Permit for pat Kitty We . a- lue the new Jbil
= 4 --
residential and family atmosphere and sL,rrounding of Leisure Lane Up to the time of his
application for this permit, M_r King has said he is not running a business from Leisure
Lane. He. has always held that he is only storing his equipment there while it is not in
use. He. has held that he takes his business to the locations of the ;ob. There is always
equipment there. Besides equipment for his business, he stores vehicles. At this time
there are at least _four unlicensed vehicles on his property -
He has pieces of machinery that stay on the property, but are still used for
business. Consider the chipper. He trims trees and shrubs as part of his business and
then brings the timings to his place of "non -business". Then one of his employees uses
the chipper in his equipment storage lot to chip up the branches.
Mr. King's employees add traffic to the lane. During the business season, his
employees arrive and park their cars and leave in Mr. King's business trucks. With more
employees traveling to and from work the road will get more use. As an official business
there will be large tricks delivering items for business use. This has already happened.
He has had mushroom compost and equipment delivered at this location.
Another aspect of Mr. King's "non -business" at this location is the use of the
C
trimmings from his lawn care business. He brings a truckload of grass clippings
home and places it in a compost pile. With the large volume of grass clippings, there is
also a large volume stink. The main source of the compost is his business. If Mr. King is
going to start using his property officially as a business, then he. could 0 generate even
more compost and more smell. The smell is overpowering and at times during the
summer it wafts into our house and we can't get away from it. We have never said
anything in the past for trying to get along with our neighbors, but we can no longer
remain silent about the smell of the compost pile. The mushroom compost that has been
delivered and stored on the property was used in his business.
Although commercial property may be worth more money than residential, we. are
also concerned about property values. The values of concern are the intrinsic values of
privacy, and continuity of lifestyle. If this property becomes commercial, then another
may and the way of life that we bought our property for is gone. We are not the only
neighbors who value the way of life that we enjoy here in this quiet neighborhood. Mr.
King himself has said that he enjoys the very same things we do. But by his actions we
can see them disappear.
With the promise that he would build a fence around his property and screen his
equipment he built a berm and blocked part of the road easement. Because he learned that
the neighbors are unhappy with his berm he has moved some of it. The berm is not
pleasing to the eye. It is quite a change from the pasture that used to exist.
If Mr. King has not been conducting business at his residence, we surely don't
wish to see it if he is. In reality, he is running a business from his property. Now that the
city has asked for our opinion, we do object to his business in our neighborhood.
n
C17�'J &Z4r6j-o
6
Shari Stiles
Zoning Administrator
City of Meridian,
200 East Carlson, Suite 201
Meridian, ID 83642
RE: Pat King/Accessory Use Permit
This letter is written to object to the Accessory Use Permit for Pat King on Leisure Lane
in Meridian, Idaho.
This was a very quiet, peaceful residential neighborhood until approx. 2 years ago when
Mr. King moved in. He has managed to single handedly ruin the whole residential look of
our neighborhood. When he moved in, the pasture that he is using for his business, was
just that, a grass pasture. Now it is filled with trucks, landscaping and mowing equipment,
spraying equipment, and the stench from piles and piles of compost is sickening in the
summer. He has moved piles of dirt beyond the edge of his property into the easement for
our road. The dirt is piled up so that the road is blocked and it is a very dangerous
situation. This is a private lane. The residents of Leisure Lane maintain or pay to maintain
this road. With Mr. King running a business the road is getting more use than what it is
designed for. He says he does not run a business. In the spring and summer he has up to 5
or more employees that show up in the morning to get ready for the days work. Getting
the equipment ready. Then they use the road, coming in and out all day with the clippings
they get from the lawn mowing jobs. Most lawn businesses take their clippings, branches
and cuttings to the dump when done with a job. Mr. King brings them back to his property
and piles them up. Then he uses a wood chipper to make compost. He has piles and piles
of compost littering the property. Also at times he is using the chipper before 9 a.m. and
during weekends. At one point on a holiday the chipper was run continuously for over 5
hours. There are trucks coming in and out of the property during the day, during the
evening and on weekends.
Mr. King has always maintained that he is not running a business. Stating that all the pots,
pipes, tubing, piles of compost, equipment, shrubs, trees, etc. are for personal use. But
now he is applying for an Accessory Use Permit for his "business". He is running a
business out of residential property and has been since he moved here.
Please deny his request for an Accessory Use Permit. Thank you.
Tma Trebilcock
1930 Leisure Lane
Meridian, ID 83642
Tino & Janet Sanchez
1929 Leisure Lane
Meridian, ID 83642
March 8, 2000
City of Meridian
Zoning Administrator
RE: Accessory Use Application
Pat King, 1917 Leisure Lane
We would like to share the following concerns regarding this application. There are areas in which we disagree with Mr. King's
responses.
Accessory Use maintains that the property will be kept in a condition corresponding to residential surrounding. The lot the house
is on is maintained as a residential area. However, the second lot is not maintained as a residential area. (see enclosed pictures)
There are employees of the business who arrive at this location in the morning and pick up equipment used on job sites. They
return to this location later in the day with the equipment plus trimmings, grass, branches, etc., which is dumped on the lot neat to
the residential dwelling.
The employees also often perform job functions at this location. These are tasks such as working with the trimmings from the
jobs, operating the chipper, etc.
Questions #3 of the Accessory Use Application addresses impacts from the business such as noise, traffic, and odor. The business
being operated from this location does cause such impacts.
There is a compost pile created from grass and other trimmings which often emits unpleasant odor.
Traffic is generated by employees of the business. We have several times had to pull almost onto others lawns because of trucks
with trailers and equipment leaving Mr. King's property. There is a traffic safety issue for the children of the neighborhood. There
is also the impact of the increased traffic on the condition of the road. As this is a private road, the cost of maintaining it falls to
the residents. This creates impact on residents other than those of directly adjoining property. These other residents were not
notified of the application for accessory use.
There is noise generated from a chipper used to process tree trimmings from the business. There is often noise early on weekends
from the chipper and from the tractor used to move trimming materials. This is annoying on our only days off.
There is dirt piled around the perimeter of the second lot which has been there a little less than a year. Mr. King has indicated he
intends to landscape it but so far this has not occurred. This has narrowed the road and constricts traffic flow such that two
vehicles can no longer pass. It also limits visibility of oncoming vehicles, cyclists, and pedestrians.
Question #4 of the Accessory Use application addresses increased fees for water. Although Mr. King has indicated willingness to
pay increased fees, the source is a private, residential well. It was not designed to support the increased uses of a business. There
is no method of monitoring usage to determine billing for water usage or for the increased wear on the pump equipment. An
additional concern is that Mr. King has in the past not been considerate to others and has run a hose non-stop for up to three days.
This has also been done from a maintenance hose bib in the pump house without an anti -siphon device which could result in
contamination to the water supply. There are nine residences serviced by this community well. Again, this impact affects
residents other than those of directly adjoining property who were not notified of the application.
Question OF addresses traffic. This impact is described above.
Question #7I addresses noise and odor and is also addressed above.
There has been some attempt by neighbors to address these issues. However, I feel Mr. King has been uncooperative. He has
been running the business for approximately two years. It seems the only reason the application was filed is that he was forced to
do so after someone complained.
Sincerley,
9 ino & Janet Sanchez
PM
NOTICE OF APPLICATION
NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the City of Meridian
and the laws of the State of Idaho, that Pat King has filed with the Zoning
Administrator of the City of Meridian an application for an Accessory Use Permit
for the operation of a landscaping/lawn mowing business out of his home at 1917
N. Leisure Lane, Meridian, Idaho. Cn,,,----`s, either for or against, said
applicatic
after the i
Zoning Ac
Idaho. If
Zoning Coi
notice, and
of Fact and t
(41i
3 �
-20-00 d�
strator within fifteen (15) days
be addressed to Shari Stiles,
Tarlton, Suite #201, Meridian,
e allowed, the Planning and
the application, after proper
laking and adopting Findings
The p is more particularly described as
Parcel #S1201346670 & Parcel #S1201346700 in the Southeast Quarter of the
Southwest Quarter of Section 1, Township 3 North, Range 1 West, Meridian,
Ada County, Idaho.
Any and all interested persons are welcome and invited to submit
comments.
Dated this 29th day of February, 2000.
61.1 W .V &I I I I
PUBLISH March 3`d and March 10th, 2000.
For Accountable Mail
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The Idaho
Statesman �. City of Meridian
P.O. Box 40, Boise, Idaho 83707-0040 MAR ':'jai
LEGAL ADVERTISING PROOF OF PUBLICATION af)-ulatinq Dept.
Account #
DTI#
Identification
Amount:
064514
207280
NOTICE OF APPLICATION
$60.60
Ordered by:
P.O. #
Rate
Run Dates
SHELBY
NT
MARCH 3, 10, 2000
CITY OF MERIDIAN
Number of Lines
33 EAST IDAHO STREET
40
MERIDIAN, IDAHO 83642
Affidavit
Legal #
1
6511
LEGAL NOTICE
NOTICE OF APPLICATION
NOTICE IS HEREBY GIVEN, pursuant
to the Ordinances of the City of Meridian
and the laws of the State of Idaho, that Pat
King has filed with the Zoning Adminis-
trator of the City of Meridian an applica-
tion for an Accessory Use Permit for the
operation of a landscaping/lawn mowing
business out of his home at 1917 N. Lei-
sure Lane, Meridian, Idaho. Comments,
either for or against, said application must
be filed with the Zoning Administrator
within fifteen (15) days after the initial
publication of this notice and shall be
addressed to Shari Stiles, Zonina Admin -
are objections filed within the time
allowed, the Planning and Zoning Com-
mission shall hold a public hearing on the
application, after proper notice, and may
grant or deny the application after making
and adopting Findings of Fact and Con- I
clusions of Law.
The property at 1917 N. Leisure Lane is
more particularly described as Parcel
#S1201346670 & Parcel #S1201346700 in the
Southeast Quarter of the Southwest Quar-
ter of Section 1, Township 3 North, Range
1 West, Meridian, Ada County, Idaho.
Any and all interested persons are wel-
come and invited to submit comments.
Dated this 29th day of February, 2000.
SHARI STILES, ZONING ADMINIS-
TRATOR
Pub. Mar.. 3,10, 2000 6511
ti �URR��a
r o�AR11 ac
Q i l
s _ a
pU<<, O
•A*v
JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal
Clerk of The Idaho Statesman, a daily newspaper printed and published at
Boise, Ada County, State of Idaho, and having a general circulation therein, and
which said newspaper has been continuously and uninterruptedly published in
said County during a period of twelve consecutive months prior to the first
publication of the notice, a copy of which is attached hereto: that said notice
was published in The Idaho Statesman, in conformity with Section 60-108,
Idaho Code, as amended for: TWO
consecutive weekly =single
=consecutive daily =odd skip
insertion(s)
beginning with the issue of: MARCH 3 2000
and ending with the issue of: MARCH 10 , 2000
STATE OF IDAHO )
)ss
COUNTY OF ADA
On this 10 day of MARCH in the year of 2000
before me, a Notary Public, personally appeared before me Janice Hildreth
known or identified to me to be the person whose name subscribed to the
within instrument, and being by me first duly sworn, declared that the state-
ments therein are true, and acknowledged to me that she executed the same
%l 11 'z� /J \
Notary Public for Idaho
Residing at: Boise, Idaho
My Commission expires:
-rte
** TX CONFIRMATION -REPORT **
DATE TIME TO/FROM
08 04/24 14:2e 2088886854
AS OF APR 24 100 14:28 PAGE.01
CITY OF MERIDIAN
MODE MIN/SEC PGS CMD# STATUS
EC --S 00'21" 001 079 OK
APR 2 4 2000
CITE OF �1�f;�:�.i;i a� l
j% Z) ait5'cet
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
April 19, 2000 Phones; Area Code 208
OFFICE: Nampo 466-7861
Will Berg, City Clerk SHOP: Nampo 466.0663
City of Meridian
33 East Idaho
Meridian, ID 83642
Re: AUP400-005 Operation of Landscaping/Lawn Mowing Business out of home for
Pat King
Dear Commissioners:
The Nampa & Meridian Irrigation District has no comment on the above referenced
application.
Sincerely,
Bite soZQ Water Superintendent
NAMPA & MERIDIAN IRRIGATION DISTRICT
BH: din
Cc: File — Shop
File — Office
Water Superintendent
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 29,000
BOISE PROJECT RIGHTS - 40,000
June 2, 2000 A U P 00-005
MERIDIAN CITY COUNCIL MEETING June 6, 2000
APPLICANT Pat King ITEM NO.
REQUEST Accessory Use Permit to operate a landscaping / lawn -mowing business
out of home -1917 Leisure Lane
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
See attached PZ minutes
See attached recommendations
lid
nIN
I"
�C
V
Materials presented at public meetings shall become property of the City of Meridian.
WHITE, PETERSON, PRUSS MORROW & GIGRAY, P.A.
ATTORNEYS AT LAW
JULIE KLEIN FisAY 111 R
F.. III
200 EAST CARLTON AVENUE
BRE
BRENTJ.JOHNSON
JOHNS,
POST OFFICE Box 1150
D. SAMUEL JOHNSON
MERIDIAN, IDAHO 83680-1150
WILLIAM A. MORROW
WILLIAM F. NICHOLS
CHRISTOPHER S. NYE -
TEL 2 08
( ) 288-2499
PHILIP A. PETERSON
FAX (208) 288-2501
STEPHEN L. PRUSS
ERIC S. ROSSMAN
TODD A. ROSSMAN
DAVID M.SWARTLEY
TERRENCER. WHITE
May 31, 2000
To: Staff
A pplicant
Affected Property Owner(s)
Re: Application Case No. AUP-00-005
Hearing Date: June 6, 2000
NAMPA OFFICE
104 NINTH AvENuE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653-0247
TEL.208) 466-9272
FAX ( 08) 466-4405
PLEASE REPLY TO
MERIDIAN OFFICE
PtECEIVED
.J i J N - 1 2000
CITY OF 3 EIIIDIAN
FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING
COMMISSION
Staff, Applicant and/or Affected Property Owner(s):
Please note that these Findings and Recommendations of the Planning and
Zoning Commission shall be presented to the City Council at the public hearing on the above
referenced matter by the Planning and Zoning Administrator. Due to the volume of matters
which the City Council must decide, and to Insure your position is understood and clear, it is
important to have a consistent format by which matters are presented at the public hearings
before the City Council.
The City Council strongly recommends:
That you take time to carefullreview the Findings and Recommendations
of the Planning and Zoning commission, and be prepared to state your
position on this application by addressor the Findings and
Recommendations of the Planning and Zoning Mommission; and
2. That you carefully complete (be sure it is 1egable) the Position
Statement if you disagree with the Findings ancLRecommendations
of the Planning and Zoning Commission. The Position Statement
form for this application is available at the City Clerk's office.
It is recommended that you repare a Position Statement and deliver it to the
City Cleric prior to the hearing, if possible. f that is not possible, please present your Position
Statement to the City Council at the hearing, along with eight (8) copies. The copies will be
Mresented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the
y Attorney. Ifyou are a part of a group, it is strongly recommended that one Position
Statement be filled out for the group, which can be signed by the representative for the group.
Very truly yours,
City Attorney's Off
ly/Z:\Work\M\Meridian 15360M\King Pat AUP Denial\Transn itta1PZRecs.Ltr
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
In the Matter of the
APPLICATION FOR AN
ACCESSORY USE PERMIT
FOR OPERATION OF A
LANDSCAPING/LAWN
MOWING BUSINESS IN HOME
Applicant,
PAT KING
05-31-00
Case No. AUP-00-005
RECOMMENDATION OF
DENIAL OF ACCESSORY USE
PERMIT
The Planning and Zoning Commission hereby recommends to the
Meridian City Council that they deny the accessory use permit pursuant to Idaho
Code § 67-6535(b) and that the applicant's application for an accessory use permit
be denied based on failure to comply with home occupation standards set forth in
Meridian Code 11-9-4B.3.
ey/Z:\Work\M\Meridian 15360M\King Pat AUP Denial\PatI ingAUP.Rec
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION - 1
ACCESSORY USE FOR LANDSCAPING/LAWN MOWING BUSINESS OUT OF HOME
- PAT KING
Meridian Planning and ZL .ng Commission
May 9, 2000
Page 37
problem. She does not allow them to park on anybody else's property and they are
there for a whole hour while swimming lessons are going on. I think that the condition is
here that covers and protects you and if there is a problem—your worried about a
potential problem—if there is a problem you can bring it back to the City. That is the
way this recommendations is written.
Borup: Do we have somebody ready to make a motion?
Barbeiro: In light of Commissioner Brown's note, I'd like to go ahead and recommend
approval to City Council request for conditional use permit for a group daycare in R-8
zone by Deanne Young to include staff comments.
Brown: I'll second.
Borup: All in favor.
MOTION CARRIED: ALL AYES
11. PUBLIC HEARING: REQUEST FOR ACCESSORY USE PERMIT FOR
OPERATION OF A LANDSCAPING/LAWN MOWING BUSINESS OUT OF
HOME BY PAT KING -1917 LEISURE LANE:
Borup: We'll have a staff report first. What interested me was your bottom paragraph
that it was not a valid application.
Hawkins Clark: Just to orient you here, Leisure Lane here. An accessory use permit,
the way the ordinance reads, there are a set of criteria to which they need to comply to
even submit for a home occupation. I do have the ordinance here if you want to note
more details. A couple of those are not more than 25 per cent of the residential gross
floor area can be used to operate the business. No employees other than those who
live in the house and if these standards are not complied with, technically an accessory
use permit is not a valid option. The schedule abuse control does state that an
accessory use is required for home occupation and I think at this point staff just told the
applicant --he can submit an application. We won't keep him from submitting. The way
the ordinance reads is if there is any objection to the application then it has to go to
public hearing. Several accessory use permits for home occupation are just issued
without coming to you. In this case if there is an objection it comes to you. That is the
reason your seeing it because there were some written objections received. A couple of
site photos. I understand that some staff on Planning and Zoning department have
recognized that this site has been cleaned up from previous citations. There has
been—our code enforcement officer from the police department have been working with
the applicant off and on for sometime and at this point it is coming to you since they did
submit for a home occupation. No action has been taken by the code enforcement
officers. One of the issues I believe here at the left photo of the house shows a bit of an
encroachment of this berm into Leisure Lane. Leisure Lane is a private road so there
Meridian Planning and Zc. .gig Commission
May 9, 2000
Page 38
are easements from each property to the center line. I do not have a copy of the
easement agreement but typically those private roads needs to be kept open and
available for access.
Hatcher: Could you address the issue specifically of the application not being a valid
application.
Hawkins Clark: I'm sorry. I can't really speak to it. This report was drafted by
somebody else in the department. My understanding is that what I mentioned before.
In order to be a valid application, it needs to be compliant with the 5 or 6 standards
required for an accessory use permit. In this case he did not meet two of the standards.
That mainly being the increased traffic and employees that don't live in the house as
well as using more than 25 percent of the area for the business. But, we choose to
accept the application anyway.
King: Pat King. 1917 N. Leisure Lane. I do have a copy of the easement agreement
that was signed by every homeowner in August of not August but of 1988, twelve years
ago. The corner lot that you see where the berm was put, my property—it was agreed
upon that I would give up 24 feet from property line of my property to the property to the
east side of it would have a whole use of this property because it was a small lot. I also
have a curvature that comes in and at 35 feet is exacting where my berms stop and I
,,raas going to landscape and put grass on them. I've had 5 eye surgery's in the last 4
months and haven't financial been able to finish the work.
Borup: The road right of way is 35 feet?
King: There is a curb that comes into a culdesac and where the point of my property
ends by a telephone pole and a fence, it was agreed upon that I would give up 35 feet in
a curvature so that —of my land of my eastern portion of my property because the other
person or the property was zoned to another property and they were not asked to give
up more property. It is now a Subdivision. Also the curvature follows into the northern
portions of my property line, not giving up any of my property on those property lines on
the northern portion, so that the property is just due—you can see the long narrow
property actually give up more of the property. It is all right in here in the easements.
They were signed and agreed to under declaration 1988. 1 did some research at the
County Assessors office.
Borup: Does the berm go over what your understanding of the road easement is.
King: _No, in fact my berm was pushed back because they were complaining I took up
too much. In this agreement I can actually take back what I gave up earlier. I have
actually given up about 3000 square feet of my property where no one else has given
up any for the road.
Borup: That was part of the agreement your saying.
Meridian Planning and ZL ..ng Commission
May 9, 2000
Page 39
King: No, these people forced me to give up more property because this is what all
stemmed the complaint. They forced me to give up more of my property due to what
they thought was an ingress egress. They weren't aware of the easement agreement
that was all ready established. I had always maintained up to my property line when I
decided the ditch was flooding me out every time water would go in the ditch. I piped it
and them put a berm on it. I was going to landscape it. This is a natural easement.
They all signed it—the previous owners in 1988. 1 have given up a lot of my property.
Hatcher: The question I have is if this is an invalid application, why are we proceeding
with a public hearing. Legal Counsel please--
Swartley: Mr. Chairman, the reason this is proceeding is my fault. I was dealing with
Mr. King and I told him to go to Planning and Zoning and talk to them. I asked Planning
and Zoning to push it through. To come here in front of you to tell Mr. King-- to explain
to him why he is not entitled to an Accessory Use Permit to be honest with you. It is my
fault.
King: I don't understand home occupation. I mow lawns. My customers never come to
me, I go to them. I really come home every night like any other person who works
outside the home does. I have a acre and a half. I don't raise farm animals. I don't
know how to grow crops to any degree. I just store my equipment on it. It came with
the shop and I utilize the shop from time to time to work on or service my equipment.
There is no employees that stay and work on my property. If they do or if I have anyone
work on it, it's just landscaping. I am landscaping a acre and a half to make it look
nicer. I am trying to better the property. When I got there it was really bad. It had old
car parts I had to haul off. I have made great improvements on it and will continue to do
so. I need materials to landscape with so I don't what home occupation means in your
eyes. I don't use my house for anything but for occasional phone call. I use a cell
phone and a pager to answer my customers. I talk to them on the phone that way. I sit
and write bills once in a while. I am gone about 8:30 in the morning and don't drive
home until 8:30, 9 o'clock at night. My home looks as good or better than the home
around me. I think I should be able to use my land to store my equipment. It would be
a great burden for me to rent a place somewhere. I would do anything I can to comply,
but I don't see why it is invalid at that point.
Brown: Mr. King it appears that most of the comments that I have read talk about your
compost.
King: I have a 50 by 50 garden and I use all most 90 percent of it there. I will be
redoing my lawn and using the compost to it. The compost is for my own personal use.
I've got it to where the wind generally blows southeast toward my window.
Borup: Would you like to address the chipper.
Meridian Planning and Z� ng Commission
May 9, 2000
Page 40
King: The chipper is driven by my tractor that I use for tilling up my garden. I probably
put on 10 hours in the last 8 months. I usually do it during the day time hours. Never in
the evening and never on a Sunday. It was stated I did it on a holiday. I am not a
school teacher and abide by legal holidays. I've got 8 months to make a living and have
to work when I can. The chipper runs at a hour or two at a time. That thing hasn't run
in over 3 months.
Norton: How long have you lived on this property.
King: Two years.
Norton: I have a comment. Have you ever heard of a organization called the Sounding
Board.
King: No I haven't.
Norton: The Sounding Board is a free mediation service that specifically helps
neighbors mediate with neighbors. Regardless of what this Planning and Zoning
Commission determines, this may be a real good board for your neighborhood to call.
King: That would have been nice to do that before we got this far. I would like to say
one thing. Out of 12 homes, there is about 8 other businesses being ran there.
Borup: Any thing else Commissioner's. Thank you. Dave you mentioned the
accessory use was maybe not the proper applied for.
Swartley: That is correct.
Borup: What would have been the proper—
Swartley: He is not eligible for an accessory use permit.
Borup: Because he's not operating a business on site.
Swartley: I believe he is operating a business on site, out of his home. Do you have
the ordinance there.
Borup: Yes. I've got the definition.
Swartley: Right and I believe as Brad said, there are two or three requirements for a
accessory use permit, which Mr. King does not meet.
Borup: I think that part of what I'm saying—it's a short paragraph. A use or structure on
the same lot with and of a nature customarily incidental and subordinate to the principle
use or structure. Accessory use or structure—and we are not talking about a structure
Meridian Planning and Z, ng Commission
May 9, 2000
Page 41
here—does not alter the essential characteristic of the principle permitted use and does
not include a building—which defined here as a building unit. That's it.
Hawkins Clark: Commissioner's also section 11-9-4, paragraph 3 home occupation
standards, I believe you were reading from definition section. That is the definition
section that you were reading from. Chapter 2, the actual accessory use standards are
in Chapter 9 of the same title. It does have A through F which are the standards for
accessory use.
Brown: Mr. Chairman, I want to take some liberty's here. I am going to ask the City
Clerk to read A through F of those characteristics that are considered standards for the
home occupation.
Berg: Home occupation Standards. It is the intent of this provision to permit home
occupations in residential dwellings which do not change the appearance of the
residence nor the condition of its residential character. The following Conditions shall
apply: a. No persons other than members of the family residing on the premises shall
be engaged in such occupation. B. The use of the dwelling unit for the home
occupation shall be clearly incidental and subordinate to its use for residential purposes
by its occupants and not more than twenty five percent of floor area of the dwelling unit
shall be used in the conduct of the home occupation. c. No article shall be sold or
offered for sale on the premises except such as is produced by the occupant on the
premises and no mechanical or electrical equipment shall be installed or maintained
other than such as is customarily incidental to domestic use. D. No significant traffic
shall be generated by such home occupation and any need for parking generated by the
conduct of such home occupation shall meet the off street parking requirements as
specified in this title and shall not be located in a required front yard. E. No equipment
or process shall be used in such home occupation which creates noise, vibration, glare,
fumes, odor, or electrical interference detectable to the normal senses off the lot if the
occupation is conducted in a single family residence. F. In no way shall the
appearance of the residence be altered nor the occupation be conducted in a manner
which would cause the premises to differ from its residential character in the use of
construction, lighting, signs and in the emission of noise, fumes, odors, vibrations or
electrical interference.
Brown: Thank you. So Brad, I guess that your stating a couple of these caused this to
not be a home occupancy. Do you want to take a shot in the dark and tell me which
ones.
Hawkins Clark: Commission Brown,
Brown: Cause, unless he is having employees park there, that's a problem, its still a
residence.
Meridian Planning and Z� ig Commission
May 9, 2000
Page 42
Hawkins Clark: I'd say that b. is one. c. does not apply. It does not appear that d.
applies. e. regarding the equipment, the definition of a home occupation is any gainful
operation, which is customarily incidental to (inaudible) a dwelling place. That also
applies.
Brown: With b. being the 25%, is that because this is were he stores his clippings?
Hawkins Clark: The first section of b. Probably the 25 per cent is going to apply to a
home occupation that is operated internally.
Borup: Its in 25% of the floor area, the dwelling unit.
Brown: Okay, not the total property.
Hawkins Clark: Acreage. That's never been interpreted that way.
Brown: Okay, I think we need to get the rest of the public comment. I think we know
where we're at.
Borup: I don't understand b. being in violation because of the dwelling units. Does the
commission want to proceed. We'd like to quickly take some public testimony.
Sanchez: Tino Sanches, I live at 129 Leisure Lane which is the far one away from Pat
King's property. I submitted a complaint to you guys. Some of the things in there
pertaining to the ordinance and stuff, its R-4 place and says that in the R-4 that's not
impact at all. He has employees coming there, driving onto his property, leaving his
property and it is a very narrow lane. Mr. King, on the berm part, we need to have some
more investigation on that. It is not just the berm itself. It is the property line and the
fact that when you construct a fence or a berm, you have to have a permit. Am I
correct?
Brown: Mr. Chairman, I really don't know what the berm has to do with the home
occupancy. The road has nothing to do with the home occupancy. You guys have an
easement. You guys share the easement.
Sanchez: We don't know anything about the easement sir.
Brown: Well you have a private lane. I don't see where that really applies to the home
occupancy.
Sanchez: I was concerning my fact on generating traffic. That is what I am saying.
The other thing is he says he has run his chipper just once. That is not true. He has
dug over a 3 or 4 foot hole and put all his clippings in from his business. We smell it all
the time. He constantly runs his machinery over there in the morning. He has
employees there on the weekends and there has been a few times he has worked on
Meridian Planning and ZL ig Commission
May 9, 2000
Page 43
Sundays. The pictures are a real falsehood. He just spend all weekend cleaning it up.
I think the other pictures should be shown. We totally oppose this because he has been
running this business for over a year and a half and never applied for a permit. He got
caught is why he is applying for it. He has made a lot of his neighbors mad.
Borup: Are you running a business out of your home. No at all. Your not in contract
with Pojo's and their video games.
Sanchez: Sir, I work for Pojo's. I park when I come at night, I may have a video game
in my truck that I have to deliver to the other store the next morning.
Crabtree: Denise Crabtree. I live at 927 Leisure Lane. I wish to thank the commission
and my Meridian neighbors for listening and having this opportunity to voice our
concerns. We are here because this where we live and it effects our daily lives. This is
uncomfortable because it is in our neighborhood and we would really like to have more
peace. Mr. King moved in about 2 years ago and at that time the property he is on was
a grassy pasture and when he moved he created an unsightly bleat of landscape. He
has trucks and trailers and lawn equipment and more trucks and trailers. He has a very
stinky compost pile and piles of branches and piles of pots and he has workers arrive
before 8 in the morning and then they start up stuff and then go away. They come back
at night and leave and go up and down the road. He if very active at that address and is
operating a business off the property whether it is out of his home or not. My home is
down west from their compost pile. It smells like I live next to the dump. It has been
very uncomfortable living next to something so unpleasant.
Norton: Do you run a business out of your home.
Crabtree: No, I do not.
Fellows: My name is Ron Fellows. 1932 Leisure Lane. I have the property directly
east of the King property. I face west. The property is really deteriorating over the last
two years he has had it. Those pictures was from this weekend apparently because I
never seen it that clean. If the property was kept that clean, none of us would be here.
I watch his crew run the chipper 8-10 hours a day. He hauls compost out in pickups.
Unless he moved his garden, I can't see where he is using it for his own use. I really
would object to him doing this legally.
Trebilcock: My name is Tina Trebilcock. I live at 1930 Leisure Lane, which is directly
north of Mr. King's property. One thing they were talking about the compost. It is not a
compost bin. It is like a pile and the smell unbearable. They have totally changed the
appearance of the property. Three years ago it was a pasture. Now it is totally dug up
with equipment etc. all over the place. I have counted 13 trucks there at one time.
King: I am Linda King. I live at 1917 Leisure Lane. I wrote a letter to address the
concerns in the letters we got from the neighbors. With you permission I'd like to read
Meridian Planning and Z, ig Commission
May 9, 2000
Page 44
it. I have not submitted it. We have carefully noted the complains against us and have
made a consorted effort to bring the lot and situation up to a higher standard than that
which the complaining neighbors have been satisfied with from others in the
neighborhood. Within the last 2 years there has been an increase in traffic, both in
large trucks, semis to be specific, and regular cars. There are at least 4 teenagers who
have come of driving age and periodically speed up and down the lane. There are
businesses being run directly out of the homes without permits. There are multiple
vehicles being stored on various properties. All of these things are going on even if the
King's did not live on Leisure Lane. The fact is the complaining neighbors have
accepted these things to be okay from themselves and others by virtue of their silence
and now they point their fingers at us alone ignoring any of their (inaudible). I want to
make it very clear that at no time have we ever sought to turn the lot into a commercial
site. We value the neighborhood and have through to live within it to the same level, no
more and no less, as have the other neighbors around us. I will explain what I mean,
however, I feel it has to be noted that only 4 of the 12 homes on Leisure Lane made
complaints. It also has to be noted that Mr. Crabtree and Mr. Sanchez went around to
the other neighbors to (inaudible) complaints from them. As has been told to us, the
other neighbors do not have any complains and want nothing to do with the "trouble
makers". As I read the four letters of complains I was floored by the hypocrisy
contained within each letter. I believe it is very important to our situation that the
inaccuracy and hypocrisy's be shown for what they are. I feel the complainers are
demanding that we live up to a higher standard then each of them is willing to live up to
because our property is situated on a corner and not fenced it is in full view. It is unfair
for the four that have complained to expect more of us simply by virtue of the fact that
their property are less up front. Following I have noted the areas of concern in the
letters. A. Chipper noise. We concede that chippers are noisy. We agree to whatever
the guidelines the board sets forth regarding the chipped use. However, Mr. Crabtree
did not seem to mind the noise when he contributed branches from his own property.
Again I have to mention the hypocrisy. We only ask for fairness as we not the only ones
who have and have used a chipper in the neighborhood. B. Compost. Two of the
complaining neighbors have asked to contribute to our compost pile.
END OF SIDE FOUR
King: Mr. Crabtree has enjoyed the convenience of dumping his debris in our pile.
Certainly both Miss Trebilcock and the Crabtrees had no complaint at that time. C.
Increase traffic. We have not increased traffic on the lane to any greater degree than
others have. Compare the three vehicles that drive in in the morning and the three
trucks that drive out and vice versa in the evening. Miss Trebilcock said the trucks drive
in and out all day long, which is not true. Compare this activity to semi's, 8 in a day,
hauling wood to be sold. Then, consider the buyers who drive in, pick up their wood
and leave. Consider the large truck that hauls equipment from Pojo's. This is negative
increased traffic. Why didn't the complaining neighbors say anything about these items.
D. Running a business from home. We have aspects of a business on our property. It
can not be considered running a business from our property in the true sense such as
Meridian Planning and Z, ng Commission
May 9, 2000
Page 45
what the neighbors have. We do not have a clientele ever at the property. We store
equipment and supplies to be used daily elsewhere. Most of the pipes, tubing,
compost, shrubs and trees mentioned in Miss Trebilcock's letter are in deed for
personal use. We have more property to landscape then the neighbors and had long
standing plans to do that as time and finances permit. I seeing nothing wrong with
storing the supplies until we use them. The complaining neighbors did not mention the
businesses run from their homes in the neighborhood. Mr. Crabtree has been running a
auto repair business out of his home for years. I have seen tow trucks towing cars for
him to repair. We have invoices from Doug's Repair—the work he has done for us. Mr.
Crabtree doesn't seem to mind the eyesore in his own yard due to junk sitting around.
We have a very compelling reason why we would like to keep the equipment and
supplies close to our home. We have a son who has chronic health problems that
periodically send him to the hospital. My husband can both watch our children and
oversee the equipment as is goes and comes from our home. E. Branches and leaves
allowing harborage to rodents Mr. Fellows letter. Rodents need a undisturbed place to
nest. The neighbors behind us have piles and piles of junk that has not been moved in
the last two years. If Mr. Fellows has a rodent problem, he can look to the Crabtree's.
F. Impact value to surrounding property. We can see that the lot has looked shabby
and messy. Our long term goal is to have a nicely landscaped property. We have
cleaned up the lot and intend to keep it clean. Again I ask, why have the complaining
neighbors overlooked the Crabtree property. In conclusion, we must all be considerate
neighbors and not so quick to point fingers. We too deal with noise and smells. Please
be fair in your consideration. Our intend is to get along in a peaceful neighborhood
even as we look out for our livelihood.
Borup: Could you leave a copy of that for the clerk to put in the record?
King: I can and would you like the picture's we have taken. I will leave them with the
letter.
Borup: Commissioner's is there any other information you'd like?
Sanchez: One reason why there is only 4 neighbors here is 1 talked to the Code
Enforcement Officer and he said the submittal for the approval had to be given within a
300 foot radius. That was not done. It was only done to the abutting properties.
Borup: We've got a list of who was notified and it included 12 people. 12 addresses on
the list.
Sanchez: Okay but can you clarify if it is abutting properties or 300 foot radius.
Borup: According to our list it looks like it hit every body on the street.
Sanchez: It did not hit us sir. We know because we got—we talked to Mr. Crabtree
about it. We did not get it and are right next to them.
Meridian Planning and Zk— .ig Commission
May 9, 2000
Page 46
Berg: Mr. Chairman, according to the Accessory Use requirement, notice of the
application shall be mailed to the Certified Return Receipt mail to owners of property
which abut the external lot or boundary lines of the property under construction. I don't
know what the requirements when it goes to a public hearing, but I assume that we
keep with that consistent requirement.
Borup: Okay, did that clarify. That is ordinance that on accessory use it is abutting
Crabtree: My name is Doug Crabree. I was repairing cars as the Kings said. I have
stooped and am not doing it any more. I could see what was going to happen when this
started. Yeah I've got some extra stuff laying there. If it is bothering them, I will get it
cleaned up. I have done it for years for friends.
Borup: The statement has been made that the property was cleaned up last week. Is
that the same week you stopped.
Crabtree: No, I stopped before then. About a month ago. I have had people come by
and want to look at something. I said I could do it, but not here.
Barbeiro: Mr. Chairman I move we close the public hearing.
Hatcher: I second that.
Borup: All in favor?
MOTION CARRIED: ALL AYES
Barbeiro: I'd like to refer back to Commissioner Norton's (inaudible) that we are not a
mediation service or referee. We have a neighborhood problem that is between a group
of people that has been brought before a governmental board that as described by staff
they don't meet the requirements. I don't even know why we are here with this. With a
use of a mediation service the neighbors could come together and find a resolution for
this. We can perform no resolution. All we can do is listen and act on nothing.
Brown: I could be wrong. I don't believe that I am but the action that is required from us
is either approval or denial or tabling for more information. The application has been
submitted and the reason it was that staff comes to an in -pass that they can't take care
of so then it has to go to a (inaudible) even though we are not elected by any means. It
is our responsibility to do one of those three items. The recommendation before us and
staff is for denial and we can either act on it in that fashion or we can approve this or we
can try to mediate this somehow and table to see if something happens in the future.
The biggest problem is the odor and the storing of the grass clippings on site. I would
be unwilling to make an approval on this at this point with the way it is currently being
operated, in my opinion.
Meridian Planning and Z, ig Commission
May 9, 2000
Page 47
Borup: Anyone else? Are you saying with some requirements and restrictions that you
feel more comfortable.
Brown: As I listen to the comments, those are the main items that I see that are of an
issue. If the applicant is willing to meet with staff and discuss those and come back
another time and come up with a solution for that then that would be some kind of
mediation with the problems. If not, I would have to go with staffs recommendation and
ask for denial.
Swartley: Mr. Chairman. From a legal prospective, Mr. King does not meet the
requirements of a.,b.,c, and e., clearly. Your approving that would be a direct
contradiction to the ordinance. Just wanted to put that on the record.
Borup: I am still confused about b.
Swartley: Regardless of whether you got a problem with one of the five, you still got
one or two that he is not meeting. One will do it.
Borup: How would we like to proceed.
Norton: I would move that the Planning and Zoning Commission recommend to the City
Council to deny the request for accessory use permit for operation of a landscape lawn
mowing business out of a home by Pat King at 1917 Leisure Lane and to include all of
staffs comments.
Hatcher: I second that motion.
Borup: Brad, does this go on to City Council or is this the only public hearing.
Hawkins Clark: Accessory Uses are final with P&Z. There is an appeal period.
Norton: I'd amend my motion then that this P&Z Commission deny.
Borup: Motion and second, any discussion?
Hatcher: My comment is this is a (inaudible) government board and I think it is quite
inappropriate to launder your dirty laundry at this forum. The neighborhood has a
problem and they need to resolve it. The only reason it is in front of us is because an
application was submitted through the Planning and Zoning process. It has been
determined that it was invalid due to violations. If there are other homeowners in this
neighborhood that are violating their own covenants of their own city ordinances, it is
the neighbors who need to help enforce that. I am appalled at the laundry at this level.
Meridian Planning and ZL ig Commission
May 9, 2000
Page 48
Borup: Are you recommending that staff needs to take a look at other home businesses
that are in there without ---
Hatcher: It is not staff's job but the –1 believe it is our police department that the zoning
ordinance and if there are other violators then they should be cited equally.
Borup: All in favor?
MOTION CARRIED: ALL AYES
Brown: Mr. Chairman, are we going to get all this items tonight?
Borup: Do you want to go on to 12 and 13 right now. What a break.
Brown: What I don't want to do is be here until midnight and then tell the last two
applicants that we aren't doing them. If we are going to table someone, I am getting
tired of being here until 2 in the morning.
Borup: The question is—
Hatcher: Let's do a show of hand as to who the greater public is.
Borup: Item number 12 and 13 is Autumn Faire Subdivision. How many are here to
testify on that? Okay. How many here in opposition testimony. Items 14 and 15 is
Generations Plaza buildings. How many here on that item? Any opposition? Okay,
thank you. Item 16 and 17. That must be the rest of you. That help any
Commissioner's? Last item on the agenda is requiring the most testimony. Let's get
started on it.
12. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 78.4
ACRES FROM RT TO R-4 FOR PROPOSED AUTUMN FAIRE SUBDIVISION
BY GEM STAR PROPERTIES, LLC --SOUTHWEST CORNER OF BLACK CAT
AND USTICK ROADS:
Hawkins Clark: This application is for the property generally located at the southwest
corner of Ustick and Black Cat road. For clarification we did include this in our staff
report in which we do ask you to incorporate our comments. Their application did state
78.4 acres which is generally encompasses the plat. There is a drain that more or less
meanders across this direction through the property. This are is actually 100 acres. My
understanding and maybe the applicant can address this is that they are actually asking
for 100 annexed to R-4 zone. That is a clarification. We processed it and all the fee
issues have been worked out. The property is eligible for requesting annexation.
Ashford Greens and the city golf course are here immediately west of the property.
Turnberry Subdivision is immediately south. There is a church here in this LO zone, just
to the south on Black Cat. Two properties are excluded from the annexation request at
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LEGAL ADVERTISING INVOICEUntifld Dept$47.64
064514 233505 1 KING AUP
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KESTING NT APRIL 21, MAY 5, 2000
Estimated Inches Real Inches
CITY OF MERIDIAN 31 LINES
33 E. IDAHO AVE #Affidavits Legal Number
MERIDIAN, ID 83642-2631
1 6957
LEGAL NOTICE
PUBLIC HEARING
toNthOe OrdinancesRo HEREBYGIVEN
City of Meridian
JANICE HILDRETH , being duly
and the Laws of the State of Idaho, that
the Planning and Zoning Commission of
sworn, deposes and says: That she is the Principal Clerk of The
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the City of Meridian will hold a public
Idaho Statesman, a daily newspaper printed and published at Boise,
hearing at the Meridian City Hall, 33 East
Idaho Street, Meridian, Idaho at the hour
Ada County, State of Idaho, and having a general circulation therein
of 7:00 p.m. on May 9, 2000 for the pur-
pose of reviewing and considering the
and which said newspaper has been continuously and uninterruptedly
application of Pat King for a Accessory
Use Permit to operate a landscaping/ lawn
published in said County during a period of twelve consecutive
mowing business out of his home located
at 1917 Leisure Lane.
months prior to the first publication of the notice, a copy of which is
A more particular descriptionof me
above property is on file in the City Clerk's
attached hereto; that said notice was published in The Idaho
East Idaho
office at Meridian City Hall33 inspection dur-
Street, and is available forns
i
Statesman in conformitywith Section 60-108, Idaho Code as
ing regular business hours.
amended, for TWO
A copy of the application is available
Per-
upon request. Any and all interested per-
sons shall be heard at said public hearing
consecutive weekl ❑ ❑sin le
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and the public is welcome and invited to
submit testimony.
consecutive daily D Odd skip
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DATED this 13th day of April, 2000
WILLIAM G. BERG, JR., CITY CLERK
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insertion(s) beginning g with the issue of
Pub. Apr. 21, May 5, 2000 6957
APRIL 21 2000
and ending with the issue of
MAY 5 2000
STATE OF IDAHO )
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On this 5TH day of MAY in the year of
2000 , before me, a Notary Public, personally appeared
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JANICE HILDRETH known or identified
to me to be the person whose name subscribed to the within instrument,
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and being by me first duly sworn, declared that the statements therein
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are true, and acknowledged to me that she executed the same.
Notary Public for fdaho
Residing at: Boise, Idaho
My commission expires: / p r
MERIDIAN PLANNING & ZONING MEETING: May 9, 2000
APPLICANT: PAT KING ITEM NUMBER: 11
REQUEST: ACCESSORY USE PERMIT FOR OPERATION OF A LANDSCAPING/LAWN MOWING
BUSINESS OUT OF HOME
AGENCY COMMENTS
CITY CLERK: SEE ATTACHED
CITY ENGINEER:
CITY PLANNING & ZONING DEPT. COMMENTS COMING
CITY ATTORN EY:
CITY POLICE DEPT: SEE COMMENTS
CITY FIRE DEPT: SEE COMMENTS
CITY BUILDING DEPT:
CITY WASTE WATER DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT: SEE COMMENTS
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH: SEE COMMENTS
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION: zj
IDAHO POWER: G
US WEST:;?
BUREAU OF RECLAMATION:
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INTERMOUNTAIN GAS:
SANITARY SERVICE: SEE COMMENTS
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
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MAYOR
HUB OF TREASURE VALLEY ^
Robert D. Corrie
A Good Place to Live
LEGAL DEPARTMENT
CITY COUNCIL
CITYOF MERIDIAN
(208) 288-2499 •Fax 288-2501
MEMBERS
Ron Anderson
33 EAST IDAHO
PUBLIC WORKS
BUILDING DEPARTMENT
Keith Bird
MERIDIAN, IDAHO 83642
(208) 887-2211 • Fax 887-1297
Tammy deWeerd
(208) 888-4433 • Fax (208) 887-4813
PLANNING AND ZONING
Cherie McCandless
City Clerk Office Fax (208) 888-4218
DEPARTMENT
(208) 884-5533 • Fax 888-6854
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
Planning & Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: April 28, 2000
TRANSMITTAL DATE: April 12, 2000 HEARING DATE: May 9, 2000
FILE NUMBER: AUP-00-005
REQUEST: OPERATION OF A LANDSCAPING/LAWN MOWING BUSINESS OUT OF
HOME.
BY: PAT KING
LOCATION OF PROPERTY OR PROJECT: 1917 LEISURE LANE
SALLY NORTON, P/Z MERIDIAN SCHOOL DISTRICT
KENT BROWN, P/Z
THOMAS BARBEIRO, P/Z
RICHARD HATCHER, P/Z
KEITH BORUP, P/Z
ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
CHERIE McCANDLESS, C/C
KEITH BIRD, C/C
TAMMY de WEERD, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
SANITARY SERVICE
BUILDING DEPARTMENT
_,FIRE DEPARTMENT
,/ POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
COMMUNITY 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:
l 1 d 11 n ��
�_
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
Planning & Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: April 28 2000
TRANSMITTAL DATE: April 12 2000 HEARING DATE: May 9, 2000
FILE NUMBER: AUP-00-005
REQUEST: OPERATION OF A LANDSCAPING/LAWN MOWING BUSINESS OUT OF
HnMF_
BY: PAT KING
LOCATION OF PROPERTY OR PROJECT: 1917 LEISURE LANE
SALLY NORTON, 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
CHERIE McCANDLESS, C/C
KEITH BIRD, C/C
TAMMY de WEERD, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
SANITARY SERVICE
BUILDING DEPARTMENT
AFIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
COMMUNITY 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
k�_
�-.
HUB OF TREASURE Uf1 LLEY
MAYOR
Robert D. Corrie
A Good Place to Live
LEGAL DEPARTMENT
CITY OF MERIDIAN
(208) 233-2499 •Fax 288-2501
CITY COUNCIL MEMBERS
PUBLIC WORKS
Ron Anderson
33 EAST IDAHO
BUILDING DEPARTMENT
Keith Bird
MERIDIAN, IDAHO 83642
(208) 887-2211 • Fax 887-1297
Tammy deWeerd
(208) 888-4433 • Fax (208) 887-4813
PLANNING AND ZONING
Cherie McCandless
City Clerk Office Fax (208) 888-4218
DEPARTMENT
(208) 884-5533 • Fax 888-6854
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
Planning & Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: April 28 2000
TRANSMITTAL DATE: April 12 2000 HEARING DATE: May 9, 2000
FILE NUMBER: AUP-00-005
REQUEST: OPERATION OF A LANDSCAPING/LAWN MOWING BUSINESS OUT OF
HnMF_
BY: PAT KING
LOCATION OF PROPERTY OR PROJECT: 1917 LEISURE LANE
SALLY NORTON, 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
CHERIE McCANDLESS, C/C
KEITH BIRD, C/C
TAMMY de WEERD, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
SANITARY SERVICE
BUILDING DEPARTMENT
AFIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
COMMUNITY 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
k�_
Acla CoUn1tj,___-1qia4wau 2)ijtpict
Judy Peavey -Derr, President
318 East 37th Street
Dave Bivens, Vice President
Garden City, Idaho 83714-6499
Marlyss Meyer, Secretary
Phone (208) 387-6100
Sherry R. Huber, Commissioner
Fax (208) 387-6391
Susan S. Eastlake, Commissioner
E-mail: tellus@achd.ada.id.us
April 24, 2000
ti F 71 f-1
TO: Pat King MAY
1917 N. Leisure Lane 1 2000
Meridian, ID 83642 C11TOff,TVIEiiiii' a
SUBJECT: MAUP-00-005 _
Lawn Mowing and Landscaping Business
1917 N. Leisure Lane
The Ada County Highway District (ACHD) staff has received and reviewed the application and site
plan for the item referenced above. ACHD does not have any site improvement requirements at
this time. The ACHD Commission will not hear this item 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 ACHD 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 #193, also known as the Ada County Highway District Road Impact
Fee Ordinance.
If you have any questions, please feel free to contact at (208) 387-6177.
Sincerely,
Penelope L. Constantikes
Development Analyst
Cc: Planning & Development/Chron/Project File
Planning & Development Services -City of Meridian
CENTRAL CENTRAL_ DISTRICT HEALTH DEPARTMENT
•• DISTRICT
WNEALTH Environmental Health DivisionReturn to:
DEPARTMENTy �❑ Boise
cE�D
�j E:1 Eagle
Rezone #P ❑ Garden City
x.2000
Conditional Use ## Kuna Meridian
r �g�r�eaf
Preliminary / Final / Short Plat f+,
❑ ACz
❑ I. We have No Objections to this Proposal.
❑ 2. We recommend Denial of this Proposal.
❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment.
❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
❑ high seasonal ground water ❑ 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.
❑ 13
'Arm
WHD 10/91 rrb, rev. 7/97
If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
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
l - ien! !—+a.>,e . J
Date: d'f
S2: tic �,/ ` pirr•.'�e`Sru..e c � is�e/57.�� 4 "yedlen Reviewed By:
�C!'/��c..reca�.c'{ �ie q'i'�+.ei I�ldLt'` IQ�liz'.tc:tkn.✓ q�OY �!CnISI!/� GC.Se
(,-)A- r C4941"7�/J'D ��r/.�gee: � SySr�r .� Aa fe e c kf1_ J -c, �4ec� oaf
i.d['wP.�-dGv( �jow.j /f-ve*•K //�uSJ.v/a'SS/� 7'e`sa� �f�SS�ry S�ricC�r� /he�p�S i�� SN��,FC1c
Review Sheet
04/24/2000 12:07 2088885052
MAYOR
Robert D. Corrie
CITY COUNCIL MEMBERS
Ron Anderson
Keith Bird
Tammy deWeerd
Cherie (McCandless
SANITARY SERVICE
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 • Fax (208) 887.4813
City Clerk Ofliee rax (208) 888-4218
PAGE 09
LEGAL DEPARTMENT
(208) 288-2499 • Fax 288•2501
PUBLIC WORKS
BUILDING; DFr,RTNIENT
PLANNING AND ZONING
DEPARTMENT
(208) 884.5533 • Fax 888.6854
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
Planning & Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: April 28, 2000
TRANSMITTAL DATE: April 12, 2000 HEARING DATE: May 9, 2000
FILE NUMBER: AUP-00.005
REQUEST: OPERATION OF A LANDSCAPING/LAWN MOWING BUSINESS OUT OF
HOME.
BY: PAT KING
LOCATION OF PROPERTY OR PROJECT: 1917 LEISURE LANE
SALLY NORTON, PIZ MERIDIAN SCHOOL DISTRICT
KENT BROWN, PIZ
THOMAS BARBEIRO, PIZ
RICHARD HATCHER, PIZ
KEITH BORUP, PIZ
ROBERT CORRIE, MAYOR
RON ANDERSON, CIC
CHERIE McCANDLESS, C/C
KEITH BIRD, C/C
TAMMY de WEERD, C/C
_WATER DEPARTMENT
EWER DEPARTMENT
SANITARY SERVICE
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
COMMUNITY 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: rzf
aJA.5 TE IS 4741EQA 7'x A V , 6 Si
TX -
APR 2 4 2000
CIIT OF MEHIDLAUN
APR 24 '00 12:10 2088885052 PAGE.09
MAYOR
Robert D. Corrie
CITY COUNCIL MEMBERS
Ron Anderson
Keith Bird
Tammy deWeerd
Cherie McCandless
MEMORANDUM:
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 • Fax (208) 887-4813
City Clerk Office Fax (208) 888-4218
To: Planning & Zoning Commission/Mayor & City Council
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 • Fax 888-6854
00
REC"D
MAY 0 5 2000
ity of Meridiai-j
From: Planning Staff : Clerk Office
,Jpr�--a 1 i
Re: Request for Accessory Use Permit for Landscaping/Lawn Mowing Business at 1917 N.
Leisure Lane by Pat King
The above -referenced application was submitted in response to code enforcement action being
taken against the applicant due to numerous complaints from residents in the area. Staff
recommends that the accessory use permit be denied based on the following facts:
1. Neighbors have complained that employees arrive at the location to pick up equipment
and perform work at the site. This fact alone is in violation of the home occupation
standards.
2. Adverse impacts related to traffic and large trucks have been reported.
3. Odors from compost piles and noise from equipment are created from this commercial
operation.
4. The appearance of the residential area has been altered and the occupation is being
conducted in a manner which causes the premises to differ from its residential character in
the use of construction and in the emission of noise, fumes, odors and traffic.
5. The applicant is occupying a separate lot upon which buildings have been erected without
permits. Accessory buildings may not be erected prior to construction of the principal
building. The lots formed along Leisure Lane are the result of an illegal subdivision from
many years ago. No building permits will be given for any purpose until such time as
municipal sanitary sewer and water service is brought to the site by the property owners.
Staff has determined that the applicant has not applied for a valid home occupation. Specifically,
a home occupation must be habitually or commonly established as reasonably incidental to the
principal permitted use and located and conducted on the same premises as the principal permitted
use. A landscaping business/compost yard and slash piles are not reasonably incidental to
residential use within the subdivision. The operation would generally be termed as a contractor's
yard and would be more appropriate in an industrial zone. Even in an industrial zone, the present
operation would not comply with City ordinances.
Immediate enforcement action should continue upon denial of this application.
PatKmg.AUP
RBCBrVED
MAY - 9 2000
TO: City of Meridian, Planning Commission CM OF MERIDIAN
FROM: Linda and Patrick King, 1917 Leisure Lane C� �_tt
SUBJECT: Accessory Use Permit
DATE: May 9, 2000
We have carefully noted the complaints made against us and have made a
concerted effort to bring the lot and situation up to a higher standard
than that which the complaining neighbors have been satisfied with from
others in the neighborhood. Within the last two years, there has been an
increase in traffic, both in large trucks (semis, to be specific) and
regular cars (there are at least four teenagers who have come of driving
age who periodically speed up and down the lane.) There are businesses
being run directly out of the homes, without permits; there are multiple
vehicles being stored on various properties. All of these things are going
on even if the Kings didn't live on Leisure Lane. The fact is that the
complaining neighbors have accepted these things to be okay from
themselves and others by virtue of their silence. And now they point
their fingers at us alone, ignoring any of their complicities.
I want to make it very clear that at no time have we ever sought to turn
the lot into a commercial site. We value the neighborhood and have
sought to live within it to the same level, no more and no less, as have
the other neighbors around us. I will explain what I mean.
However, I feel it has to be noted that only four of the twelve homes on
Leisure Lane made complaints. It also has to be noted that both Mr.
Crabtree and Mr. Sanchez went around to the other neighbors to elicit
complaints from them. As has been told to us, the other neighbors do not
have any complaints to level and want nothing to do with the "trouble-
makers".
As I read the four letters of complaint, I was floored by the hypocrisy
contained within each letter. Please bear with me as I explain. I believe
it is very important to our situation that the inaccuracies and the
hypocrisies be shown for what they are.
Page Two
I feel that the complainers are demanding that we live up to a higher
standard than each of them is willing to live up to. Because our property
is situated on a corner and not fenced, it is in full view. It is unfair for
the four who have complained to expect more of us, simply by virtue of
the fact that their properties are less up front.
Following, I have noted the areas of concern in the letters.
A. Chipper Noise:
We concede chippers are noisy. We agree to whatever guidelines the
board sets forth regarding the chipper use. However, Mr. Crabtree didn't
seem to mind the noise when he contributed branches from his own
property to be chipped up in our chipper. Again, I have to mention the
hypocrisy. We only ask for fairness, as we are not the only ones who
have and have used a chipper in the neighborhood.
B. Compost:
Two of the complaining neighbors have asked to contribute to our
compost pile. Ms. Treblicock asked if she could dump her llama manure
in our compost. She was politely told "no" because of health and odor
factors. Mr. Crabtree has enjoyed the convenience of dumping his debri in
our compost pile. Certainly, both Ms. Treblicock and the Crabtrees had
no complaints at that time. Again, I am floored by the hypocrisy.
C. Increased Traffic:
We have not increased traffic on the lane to any greater degree than
others have. Compare the three vehicles that drive in in the morning and
the three trucks that drive out and vise versa in the evening. (Ms.
Treblicock said the trucks drive in and out all day long, which isn't true.
Compare this activity to semis (8 in a day) hauling wood in to be sold.
Then, consider the buyers who drive in, pick up their wood and leave, over
and over again. Consider the large truck that hauls equipment from
Pojo's. This is definitely negative increased traffic. Why didn't the
complaining neighbors say anything about these?
D. Running A Business From Home:
We have aspects of a business on our property. It cannot be considered
Page Three
running a business from our property in the true sense, such as what the
neighbors have. We do not have a clientele, ever, at the property. We
store equipment and supplies to be used daily, elsewhere. Most of the
pipes, tubing, compost, shrubs and trees (mentioned in Ms. Treblicock's
letter) are indeed for personal use. We have more property to landscape
than the neighbors and have had long standing plans to do that, as time
and finances permit. 1 see nothing wrong with storing the supplies until
we use them.
However, the complaining neighbors did not mention the businesses run
from their homes in the neighborhood. Mr. Crabtree has been running an
auto repair business out of his home forAYho�"n`bW,-,--I have seen tow trucks
tow in cars for him to repair. We have invoices from1boug's i
for work he has done for us. Mr. Crabtree doesn't
seem to mind the eyesore in his own yard due to junk setting around and
vehicles in various stages of repair in his front yard. Again, the
hypocrisy floors me.
We have a very compelling reason we would like to keep the equipment
and supplies close to our home. We have a son who has chronic health
problems that periodically send him to the hospital. My husband can both
watch our other children and oversee the equipment as it goes and comes
from our home.
E. Branches and Leaves Allowing Harborage to Rodents: (Mr. Fellow's
Letter)
Rodents need an undisturbed place to nest. None of the areas of concern
have ever remained in one place, undisturbed long enough to harbor
rodents. However, the neighbors behind us have piles and piles of junk
both in the front and back yards, that have not been moved in the last two
years. If Mr. Fellows has a rodent problem, he can look to the Crabtrees.
(See Photos)
F. Impact of Value to Surrounding Properties:
We concede that the lot has looked shabby and messy. Our long term goal
is to have a very nicely landscaped property. We have cleaned up the lot
amidst all of the furor and intend to keep it clean. Our property will not
mean a decline in property values to the neighbors, in fact just the
Page Four
opposite. However, again I ask, why have the complaining neighbors
overlooked the Crabtree's property, which is in no small sense an
eyesore. It definitely has a negative impact on those who drive through
the neighborhood.
In conclusion, we must all be considerate neighbors and not so quick to
point fingers. We, too, deal with noise and smells (ten sheep behind us
on one acre). Also, two llamas and two pygmy goats and twelve cats and
two dogs on one acre to the side of us.
Please be fair in your considerations. Our intent is to get along in a
peaceful neighborhood, even as we look out for our livelihood.
SO'3SUd bbZab888aZ
9b:80 00, bT add
MAYOR
HUB OF TREASURE VALLEY
Robert D, Corrie
A Good Place to Live
LEGAL DEPARTMENT
CITY
CITYOF MERIDIAN
(208) 288-2499 •Far 288-2501
COUNCIL MEMBERS
Ron Anderson
33 EAST IDAHO
PUBLIC WORKS
BUILDING DEPARTMENT
Keith Bird
MERIDIAN, IDAHO 83642
(208) 887-2211 • Fax 387-129?
Tammy deW6erd
(208) 888-4433 • Fax (208) 887-4813
PLANNING AND ZONING
Cherie McCandless
City Clerk Office Fax (208) 888-4218
DEPARTMENT
(208)S84-5533 • Fax 888.6854
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
Planning & Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: April 28, 2000
TRANSMITTAL DATE: April 12, 2000 HEARING DATE:_ May 9, 2000
FILE NUMBER: AUP-00-005
REQUEST: OPERATION OF A LANDSCAPING/LAWN MOWING BUSINESS OUT OF
HOME.
BY: PAT KING
LOCATION OF PROPERTY OR PROJECT: 1997 LEISURE LANE
SALLY NORTON, 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
CHERIE McCANDLESS, C/C
KEITH BIRD, C/C
TAMMY de WEERD, CIC
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
COMMUNITY 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)
MVAC �...
MAYOR
HUB OF TREASURE VALLEY
Robert D. Corrie
A Good Place to Live
LEGAL DEPARTMENT
CITY COUNCIL MEMBERS
Ron Anderson
CITY Off' MERIDIAN
33 EAST IDAHO
(208' Z
PUBLIUBLI 9 � Fax 288 25°'
C woaxs
BUILDING DEPARTMENT
Keith Bird
MERIDIAN, IDAHO 83642
(208) 887-22211 • Fax 887-1297
Tammy deWeerd
Cherie McCandless
(208) 888-4433 • Fax (208) 887-4813
City Clerk Office Fax (208) 888-4218
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 • Fax 888-6854
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
Planning & Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: April 28, 2000
TRANSMITTAL DATE: April 12, 2000 HEARING DATE: May 9, 2000
FILE NUMBER: AUP-00-005
REQUEST: OPERATION OF A LANDSCAPING/LAWN MOWING BUSINESS OUT OF
HOME.
BY: PAT KING
LOCATION OF PROPERTY OR PROJECT: 1917 LEISURE LANE
SALLY NORTON, 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
CHERIE McCANDLESS, C/C
KEITH BIRD, C/C
TAMMY de WEERD, 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
COMMUNITY 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:
APR 2 0 2000
CITY OF MERID AN
RECEIVED
APR 14 2000
Meridian City
Water Superinten&Rt
April 19, 2000
Will Berg, City Clerk
City of Meridian
33 East Idaho
Meridian, ID 83642
APR 2 4 2000
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
Phones: Area Code 208
OFFICE: Nampa 466-7861
SHOP: Nampa 466-0663
Re: AUP-00-005 Operation of Landscaping/Lawn Mowing Business out of home for
Pat King
Dear Commissioners:
The Nampa & Meridian Irrigation District has no comment on the above referenced
application.
Sincerely,
Bill Henson, Asst. Water Superintendent
NAMPA & MERIDIAN IRRIGATION DISTRICT
BH: din
Cc: File — Shop
File — Office
Water Superintendent
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000