HomeMy Public PortalAbout1996.08.06 VAC - Vacation of a Platted Easement -1602 & 1604 Lawrence St.PUBLIC HEARING CHECKLIST
Upon receipt of an application for a variance, special use
permit, subdivision or any application which requires a public
hearing, the following checklist should be completed.
Date
� I
Write Public Hearing Notice Warlf
Mail to Adjoining Property Owners 0/1119
Schedule Hearing
Notice to Star News
Send Bill For Mailing and Publication
Prepare Posting Notice
Request Staff Report
Matter was heard before City Council on September 12, 1996. Council
suggested that easement vacation should be redone as an amended subdivision
plat.
Bosch has no interest in vacating easement because he cannot build a triplex on
the property (Zone A, only 15,000 sf).
This file is to keep track of transaction, in case Boschs wish to vacate easement
in the future.
CITY OF MCCALL AREA OF CITY IMPACT
PLANNING AND ZONING COMMISSION
FINDINGS AND CONCLUSIONS IN SUPPORT OF APPROVAL OF
VACATION OF A PLATTED UTILITY EASEMENT
Bosch -1602 & 1604 Lawrence Street
The Commission finds that:
1. A petition for approval of vacation of a platted utility easement was presented for
public hearing on May 7, 1996 by Frank Bosch, owner of Tots 3 & 4 of Eastside
Subdivision, located in the NE 1/4 of the NE 1/4 of Section 9, Township 18 N.,
Range 3 E., Boise Meridian. The property is more commonly known as 1602 &
1604 Lawrence Street.
2. The necessary notice was given to the public and to other public agencies and
entities.
3. The land in question is in Zone A, as is all the surrounding property. The platted
utility easement is the 10 feet on either side of the dividing lot line between Tots 3 &
4 of Eastside Subdivision, located in the NE 1/4 of the NE 1/4 of Section 9,
Township 18 N., Range 3 E., Boise Meridian.
4. The utility easement is not needed for the placement of public utilities; the petitioner
proposes to re -plat the area to facilitate development of a multifamily dwelling.
5. Existing utility easements, including one running along the western boundary of lots
3 & 4 are sufficient for any foreseeable needs.
The Commission Concludes that:
1. The proposed vacation meets the standards of MCC 3-21-310 as a matter of law.
2. The proposed vacation is appropriate
3. The approval of the vacation should be granted pursuant to MCC 3-21-310.
Dated: August 13, 1996
Richard McChry tal, Chair
c:\p&z\city_p&z\vacation\findings\bsch_fnd. doc
Attest:
Andrew Locke, - ` Plan er
City of McCaII
Planning and Zoning Commission
Minutes
August 6, 1996
Attending: Richard McChrystal, Chair
Phil Gilman
Jack Marshall
Staff: Ted Burton, City Attomey
Jackie DeClue, City Engineer
CALL TO ORDER AND ROLL CALL:
The Chair called the meeting to order at 7:35 p.m. and declared a quorum
present.
MINUTES:
Marshall moved to approve the minutes of July 2, 1996. Gilman seconded and
the motion unanimously passed. -
PUBLIC HEARING - Vacation of a Platted Easement -1602 & 1604 Lawrence St.
The Chair opened the public hearing at 7:40 p.m.. DeClue read the staff report
(attached). Burton commented to the Commission that a vacation is approved or
disapproved based on the City's need (for utility/road rights -of -way), regardless of
anticipated use by the property owner(s) should the vacation be approved.
Randy Hickman, representing a neighborhood group was concerned about the
use of the land as a triplex. DeClue commented that the staff report indicated the
triplex concept had been dropped and that a new plan had not been submitted.
The Chair indicated to Hickman the time to oppose a triplex or other development
would be during the conditional use process or the rezoning process.
The Chair closed the hearing at 7:45 p.m.. Gilman moved to approve the
vacation of the platted easement between 1602 and 1604 Lawrence Street.
Marshall seconded, amending the motion to include a statement that indicated
granting the easement did not imply approval of any particular proposed
development. The amended motion was unanimously approved.
PUBLIC HEARING - Conditional Use Permit - 116 Park St. - Church of God,
The Chair opened the hearing at 7:50 p.m.. Jerry Summers, representing the
Church of God, made a brief presentation. Marshall asked about the ownership
of the property: Summers commented that he would be leasing the property.
Burton indicated that the Church of God and Paul's Market would need to enter a
formal parking agreement with the City, and explained the reasoning behind this
requirement. Marshall requested the conditional use permit and the parking
agreement extend only for the duration of the lease on the property (116. Park St.).
Edward Parent stated his concems. He believes the road is too narrow and cited
accidents in the neighborhood. He believes Paul's parking is inadequate for truck
access, as well as church parking. Later he commented that part of the lot is used
for snow storage during the winter months. DeClue read the staff report(attached).
Jimi Demitriatus spoke, voicing her concem over parking and potential use of the
alley. Summers stated the alley would not be used by the Church.
The Chair closed the hearing at 8:05 p.m.. Marshall expressed concern about
potential misuse of shared parking. Burton commented that Paul's has more than
adequate parking. Burton commented that the parking agreement enables the
City to verify parking requirements and protect the holder of the conditional use
permit.
McChrystal moved to approve the conditional use permit with the following
provisions:
1. A parking agreement between Paul's, the Church of God and the City must be
signed prior to occupancy. The agreement will prohibit interference with
Church parking by snow storage.
2. The Church will be maintained and landscaped in a manner consistent with a
well -kept residence.
3. The conditional use permit and the parking agreement will extend for the
duration of the lease.
4. The Church of God will complete its compliance with Fre Department
requirements.
Gilman seconded, and the motion was approved unanimously. Marshall moved
to refrain from a second public hearing. Gilman seconded and the motion
unanimously passed.
3
Scenic Route Approval - 122 E. lake St. - Rocky Mountain Ski and Sport
' DeClue read the staff report, indicating an additional sign B present on the site
reducing the maximum allowable new sign footage to 55 square feet. DeClue
indicated the informational (non-identity) portion of the sign should be deleted.
Anson, from Rocky Mountain Ski and Sport, requested use of the phone number on
his sign. Marshall strongly supported the definition of identity as excluding a phone
number. He indicated a need to maintain the desired visual quality of the scenic
route and encouraged cooperation from Anson and other business owners.
Marshall stated the "Open" sign would be included as part of the square footage.
McChrystal moved to approve the identity portion of the sign, not to exceed 55
square feet. Anson again requested use of non-identity information on his sign.
Marshall stated Anson could describe the nature of his business on signs posted on
his building and that the signage would be included in the allowable footage
calculation. Building signage would require scenic route approval. Gilman
seconded Marshall's motion.
Anson requested an allowance for a temporary sign. Burton asked whether the
sign Anson wanted to use was the sign Anson had been cited for in the recent
past, noting the sign had been a source of citizen complaint. Anson asserted that
it was. McChrystal said variance of the Code for withholding of enforcement for a
temporary sign was not the prerogative of the Commission. Marshall's motion was
unanimously approved.
Scenic Route Approval - 401 & 403 Railroad Avenue - John Carev,
Marshall removed himself from this portion of the meeting. Andy Laidlaw made a
brief presentation. The staff report was summarized. Gilman moved to approve
the plans for the Stationmaster's house and the Depot building as delineated by
McCall Designs & Planning, Inc. (Sheets Al-A7 for the Stationmaster's house and
Sheets Al & A2 for the Depot building). McChrystal seconded and the motion
unanimously passed.
Scenic Route Approval - 403 N. 3rd St. - Brundaae Realty
Marshall retumed to the meeting. Staff provided a brief explanation of the
proposal. Marshall moved to approve the sign without the phone number,
provided Brundage Realty shows the sign is out of the public right-of-way and the
required setback. Gilman seconded and the motion was unanimously approved.
FiriorPlafApprovah= The Cotleic dt Sprang_Mountairaanch.
Marshall requested a clarification of the letter submitted by Pete O'Neill. Burton,
DeClue and Jim Fronk,representing the applicant, clarified the intent.
Marshall moved to approve the final plat with the provision that the two
developers (Spring Mountain Ranch and the RMH Company) and the City
8/8/96
4
complete and dedicate the road extension, prior to occupancy. McChrystal
seconded and motion was unanimously approved.
Reauest for Use of the Record of Survey Procedure - 401 & 403 Railroad Ave4
Marshall indicated the request had been withdrawn by Mr. Carey, the owner.
OTHER:
DeClue indicated that several documents were included in the packets for the
Commission's information including: The Joint Planning and Zoning Schedule, The
Findings of fact and conclusions of Law (FFCL) for approval of the Phelps's
variance, the FFCL for approval of the Riffle's conditional use permit, and the FFCL
for denial of scenic route approval for 501 S. 3rd Street.
Marshall commented that the Mill Park docks and public restroom are now purple.
Marshall moved that the City Departments must get approval from the Planning
and Zoning Commission for modification to structures. Gilman seconded and
motion unanimously passed. Burton indicated he would forward this information to
the City Council for their review.
McChrystal inquired about the Super 8 Scenic Route approval. DeClue stated
that, after withdrawing the prior request, Super 8 had not requested a date for
Commission approval.
DeClue asked the Commission whether a scenic route approval would be
required for the Texaco Station, directly adjacent to the Hotel McCall. She
commented the building would be demolished but the foundations and other
underground structures would remain. DeClue stated she had informed the
contractor that stormwater retention/ management practices would need to be
approved prior to removal of the foundations but would not be required for the
building demolition. The Commission indicated a scenic route approval would not
be necessary for this particular partial demolition.
ADJOURNMENT
With no further business, McChrystal dismissed the group at 8:50 p.m..
Res p tfully Submitted, Attest:
Richard McChrvstal, Chair
e-ee-z.-, •7r& ,2
/Jaki DeClue, City Engineer
McCALL
PLANNING and ZONING
Frank & Suzanne Bosch
Box 672
McCall, ID 83638
August 15, 1996
RE: Application for Vacation of a Public Right -of -Way -1602 & 1604 Lawrence St.
Dear Mr. & Mrs. Bosch:
The McCall City Planning & Zoning Commission will recommend that the City Council
approve your application for vacation of a public right-of-way. Your application has
been placed on the City Council agenda for August 22, 1996.
Filing of the vacation may not occur until letters from Cable TV & Idaho Power. At this
time, only Citizens Telecom has sent notice to the City of McCall.
If you have any questions, please contact me at the number listed below.
Sincerely,
Andrew Locke
Staff Planner
enc.: Draft minutes, August 6, 1996 City Planning & Zoning Commission
Draft Findings of Fact and Conclusions of Law
c:\p&z\city_p&z\cond_use\bsch_Iet. doc
216 East Park Street • P.O. Box 1065 • McCall, Idaho 83638 • (208) 634-7142 • FAX (208) 634-3038
CITY OF MCCALL AREA OF CITY IMPACT
PLANNING AND ZONING COMMISSION
FINDINGS AND CONCLUSIONS IN SUPPORT OF APPROVAL OF
VACATION OF A PLATTED UTILITY EASEMENT
Bosch -1602 & 1604 Lawrence Street
The Commission finds that:
1. A petition for approval of vacation of a platted utility easement was presented for
public hearing on May 7, 1996 by Frank Bosch, owner of lots 3 & 4 of Eastside
Subdivision, located in the NE 1/4 of the NE 1/4 of Section 9, Township 18 N.,
Range 3 E., Boise Meridian. The property is more commonly known as 1602 &
1604 Lawrence Street.
2. The necessary notice was given to the public and to other public agencies and
entities.
3. The land in question is in Zone A, as is all the surrounding property. The platted
utility easement is the 10 feet on either side of the dividing lot line between lots 3 &
4 of Eastside Subdivision, located in the NE 1/4 of the NE 1/4 of Section 9,
Township 18 N., Range 3 E., Boise Meridian.
4. The utility easement is not needed for the placement of public utilities; the petitioner
proposes to re -plat the area to facilitate development of a multifamily dwelling.
5. Existing utility easements, including one running along the western boundary of Tots
3 & 4 are sufficient for any foreseeable needs.
The Commission Concludes that:
1. The proposed vacation meets the standards of MCC 3-.21 -310 as a matter of law.
2. The proposed vacation is appropriate
3. The approval of the vacation should be granted pursuant to MCC 3-21-310.
Dated: August 13, 1996
Attest:
Richard McChrystal, Chair Andrew Locke, Staff Planner
c:\p8a\city_p&z\vacation\findings\bsch_fnd.doc
City of McCall
Planning and Zoning Commission
Minutes
August 6, 1996
Attending: Richard McChrystal, Chair
Phil Gilman
Jack Marshall
Staff: Ted Burton, City Attorney
Jackie DeClue, City Engineer
CALL TO ORDER AND ROLL CALL:
The Chair called the meeting to order at 7:35 p.m. and declared a quorum
present.
MINUTES:
Marshall moved to approve the minutes of July 2, 1996. Gilman seconded and
the motion unanimously passed.
PUBLIC HEARING - Vacation of a Platted Easement - 1602 & 1604 Lawrence St.
The Chair opened the public hearing at 7:40 p.m.. DeClue read the staff report
(attached). Burton commented to the Commission that a vacation is approved or
disapproved based on the City's need (for utility/road rights -of -way), regardless of
anticipated use by the property owner(s) should the vacation be approved.
Randy Hickman, representing a neighborhood group was concemed about the
use of the land as a triplex. DeClue commented that the staff report indicated the
triplex concept had been dropped and that a new plan had not been submitted.
The Chair indicated to Hickman the time to oppose a triplex or other development
would be during the conditional use process or the rezoning process.
The Chair closed the hearing at 7:45 p.m.. Gilman moved to approve the
vacation of the platted easement between 1602 and 1604 Lawrence Street.
Marshall seconded, amending the motion to include a statement that indicated
granting the easement did not imply approval of any particular proposed
development. The amended motion was unanimously approved.
8/8/96
2
PUBLIC HEARING - Conditional Use Permit - 116 Park St. - Church of God
The Chair opened the hearing at 7:50 p.m.. Jerry Summers, representing the
Church of God, made a brief presentation. Marshall asked about the ownership
of the property: Summers commented that he would be leasing the property.
Burton indicated that the Church of God and Paul's Market would need to enter a
formal parking agreement with the City, and explained the reasoning behind this
requirement. Marshall requested the conditional use permit and the parking
agreement extend only for the duration of the lease on the property (116 Park St.).
Edward Parent stated his concems. He believes the road is too narrow and cited
accidents in the neighborhood. He believes Paul's parking is inadequate for truck
access, as well as church parking. Later he commented that part of the lot is used
for snow storage during the winter months. DeClue read the staff report(attached).
Jimi Demitriatus spoke, voicing her concern over parking and potential use of the
alley. Summers stated the alley would not be used by the Church.
The Chair closed the hearing at 8:05 p.m.. Marshall expressed concem about
potential misuse of shared parking. Burton commented that Paul's has more than
adequate parking. Burton commented that the parking agreement enables the
City to verify parking requirements and protect the holder of the conditional use
permit.
McChrystal moved to approve the conditional use permit with the following
provisions:
1 A parking agreement between Paul's, the Church of God and the City must be
signed prior to occupancy. The agreement will prohibit interference with
Church parking by snow storage.
2. The Church will be maintained and landscaped in a manner consistent with a
well -kept residence.
3. The conditional use permit and the parking agreement will extend for the
duration of the lease.
4. The Church of God will complete its compliance with Fire Department
requirements.
Gilman seconded, and the motion was approved unanimously. Marshall moved
to refrain from a second public hearing. Gilman seconded and the motion
unanimously passed.
8/8/96
3
Scenic Route Approval - 122 E. Lake St. - Rocky Mountain Ski and Sport
DeClue read the staff report, indicating an additional sign is present on the site
reducing the maximum allowable new sign footage to 55 square feet. DeClue
indicated the informational (non-identity) portion of the sign should be deleted.
Anson, from Rocky Mountain Ski and Sport, requested use of the phone number on
his sign. Marshall strongly supported the definition of identity as excluding a phone
number. He indicated a need to maintain the desired visual quality of the scenic
route and encouraged cooperation from Anson and other business owners.
Marshall stated the "Open" sign would be included as part of the square footage.
McChrystal moved to approve the identity portion of the sign, not to exceed 55
square feet. Anson again requested use of non-identity information on his sign.
Marshall stated Anson could describe the nature of his business on signs posted on
his building and that the signage would be included in the allowable footage
calculation. Building signage would require scenic route approval. Gilman
seconded Marshall's motion.
Anson requested an allowance for a temporary sign. Burton asked whether the
sign Anson wanted to use was the sign Anson had been cited for in the recent
past, noting the sign had been a source of citizen complaint. Anson asserted that
it was. McChrystal said variance of the Code for withholding of enforcement for a
temporary sign was not the prerogative of the Commission. Marshall's motion was
unanimously approved.
Scenic Route Approval - 401 & 403 Railroad Avenue - John Carey
Marshall removed himself from this portion of the meeting. Andy Laidlaw made a
brief presentation. The staff report was summarized. Gilman moved to approve
the plans for the Stationmaster's house and the Depot building as delineated by
McCall Designs & Planning, Inc. (Sheets Al -A7 for the Stationmaster's house and
Sheets Al & A2 for the Depot building). McChrystal seconded and the motion
unanimously passed.
Scenic Route Approval - 403 N. 3rd St. - Brundage Realty
Marshall retumed to the meeting. Staff provided a brief explanation of the
proposal. Marshall moved to approve the sign without the phone number,
provided Brundage Realty shows the sign is out of the public right-of-way and the
required setback. Gilman seconded and the motion was unanimously approved.
Final Plat Approval - The Cottages at Sprinct Mountain Ranch
Marshall requested a clarification of the letter submitted by Pete O'Neill. Burton,
DeClue and Jim Fronk,representing the applicant, clarified the intent.
Marshall moved to approve the final plat with the provision that the two
developers (Spring Mountain Ranch and the RMH Company) and the City
8/8/96
4
complete and dedicate the road extension, prior to occupancy. McChrystal
seconded and motion was unanimously approved.
Request for Use of the Record of Survey Procedure - 401 & 403 Railroad Ave,
Marshall indicated the request had been withdrawn by Mr. Carey, the owner.
OTHER:
DeClue indicated that several documents were included in the packets for the
Commission's information including: The Joint Planning and Zoning Schedule, The
Findings of fact and conclusions of Law (FFCL) for approval of the Phelps's
variance, the FFCL for approval of the Riffle's conditional use permit, and the FFCL
for denial of scenic route approval for 501 S. 3rd Street.
Marshall commented that the Mill Park docks and public restroom are now purple.
Marshall moved that the City Departments must get approval from the Planning
and Zoning Commission for modification to structures. Gilman seconded and
motion unanimously passed. Burton indicated he would forward this information to
the City Council for their review.
McChrystal inquired about the Super 8 Scenic Route approval. DeClue stated
that, after withdrawing the prior request, Super 8 had not requested a date for
Commission approval.
DeClue asked the Commission whether a scenic route approval would be
required for the Texaco Station, directly adjacent to the Hotel McCall. She
commented the building would be demolished but the foundations and other
underground structures would remain. DeClue stated she had informed the
contractor that stormwater retention/ management practices would need to be
approved prior to removal of the foundations but would not be required for the
building demolition. The Commission indicated a scenic route approval would not
be necessary for this particular partial demolition.
ADJOURNMENT
With no further business, McChrystal dismissed the group at 8:50 p.m..
Respectfully Submitted,
Attest:
Richard McChrystal, Chair City Engineer
Jak' DeClue
August 3, 1996
City of McCall
Planning & Zoning Commission
P.O. Box 986
-McCaL1--Idaho -83 36
Dear Mr. Locke,
As property owners of lots in the Eastside Subdivision, we are
writing this letter in opposition in application for a vacation of
the platted utility easements on the property of 1602 & 1604 Lawrence St
by Frank & Suzanne Bosch.
The reasons for our opposition are:
1. Added traffic on Lawrence St.
2. Lawrence St is narrow and unpaved
3. Devalue existing property with added rental units.
4. Snow removal a problem in winter
5. Fire hydrants?
6. Low water, pressure:?.
We hope you on the commissionwill make the right decision for our
small subdivision. If it is to be single family homes or if it is going
to be changed to multifamily units.
Sincerely
Lowell & Patricia Eursh
August 2, 1996
Planning and Zoning Commission
PO Box 986
McCall, Idaho 83638
Dear Mr. Locke:
This letter is in protest to the proposed tri-plex on the lots known as 1602 &
1604 Lawrence Street, McCall, Idaho. We are residents that are located at 1603
Davis Street, our lot adjoins the lots mentioned above.
As long time residents of this home we are against a tri-plex behind us for the
following reasons. The entire area that surrounds these lots are single family
dwellings and we feel that this will not enhance the surrounding area, and would
add problems if it is allowed to be built.
We feel the added car traffic would be an added nuisance as well as potential
danger to the young children in the area as'well as everyones pets. We also aren't
excited about the potential dust and noise that this would add. With a Tri-plex
in such a small area,:Lit would also add a snow removal problem. As we understand
the owner/developer of this Tri-plex is a California resident most ofthe year and
we feel that proper maintenance could not take place with the landlord that far
away for most of the year.
The building of the proposed Tri-plex would greatly affect us, and we are adamantly
opposed to this kind of development -in our area.
Sincerely,
Randy and Patty Hickman
1603 Davis Street
PO Box 1286
McCall, Idaho 83638
Application for Vacation of Plat,
Portion Thereof or
Public Right -of -Way
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Description of Requested Vacation Cpv-v , - a d 4 c�
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Reason for Request N f_ C.i a
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Attach the Following:
1. A written narrative statement
2. A complete legal description
3. An 8 1/2 X 11 site location map of re
adjacent properties
4. A larger scale area map (also 8 1/2 X 11)
5. Names and mailing addresses of all property owners within 300 feet
of the perimeter of the entire requested vacation
-1- 3 s
Je ted v j'ion area and
6. A check for $125.00 made payable to the City of McCall
Note: the applicant will be billed for the amount of publication and
$1.00 for each letter of notification mailed to owners
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City of McCaII
Planning & Zoning Commission
Notice of Public Hearing
The City of McCall Planning and Zoning Commission will hold a public
hearing on August 6, 1996 at 7:30 p.m. (or as soon thereafter as the matter
may be heard) at the McCall City Hall, lower level, 216 E. Park Street,
McCall, Idaho. The hearing is for the purpose of receiving testimony from
interested persons regarding an application submitted by Frank W. &
Suzanne J. Bosch, for a vacation of a platted utility easement.
The property with respect to which this application was made is:
The 10 feet on either side of the dividing lot line between lots 3 & 4 of
Eastside Subdivision, located in the NE 1./4 of the NE 1/4 of Section 9,
Township 18 N., Range 3 E., Boise Meridian.
The property is more commonly known as 1602 & 1604 Lawrence Street.
Details of the application are available for review during regular business
hours at McCall City Hall, 216 E. Park Street.
The public is encouraged and invited to attend the hearing and/or make
written comment prior to the hearing. Written comment may be
addressed to :
Planning and Zoning Commission
P.O. Box 986
McCall, ID 83638
Dated July 15, 1996
Andrew K. Locke
Staff Planner
Staff Report - August 6, 1996
Vacation of a Platted Easement - 1602 & 1604 Lawrence St. - Bosch
The City currently holds a platted easement for the 10 feet on either side of the dividing
lot line between Tots 3 & 4 of Eastside Subdivision, located in the NE 1/4 of the NE 1/4
of Section 9, Township 18 N., Range 3 E., Boise Meridian. The lots are commonly
known as 1602 & 1604 Lawrence St.
The Boschs originally, wanted the City to vacate that easement so that they may
proceed to combine the Tots under a Record of Survey Procedure, and then build a
triplex on the property. To do so, they would need to rezone the property, and then
receive a conditional use permit for a multifamily dwelling structure. In light of
opposition to such a use, the Boschs have decided not to proceed with the Record of
Survey Procedure. The Boschs would still like the City to vacate the platted easement.
As per .MCC, 3-21-310 (C), "the Commission must consider the impact of vacating the
easement on present and future development of the neighborhood. The Commission
also should consider the interests of adjacent property owners, utilities, and applicable
public agencies."
The City does not, nor does it plan to, have any uses for the easement regarding sewer
or water. Additionally, an identical utility easement runs north -south, between lots 2,3,4
and lot 1 (as well as 1603 & 1605 Davis).
As noted in letters that are part of this file, other utilities have no current or future
interest in this easement.
Vacating this easement will have no effect on current or future development of the area.
It will however, allow the two Tots to be aggregated, and thus allow a wider range of
uses through the conditional use process. Such uses should not be addressed here,
but instead, when a conditional use is proposed.
Andrew Locke, Staff Planner
c:\p&z\city_p&z\bsch_rpt. doc
AUG 05 '96 08:34 PRECISION AUTOMOTIVE MACHINE
P.2
August 1, 1996
RE: Property at 1602 8 1804 Iawrence Street
Our property is located at 1603 Lawrence Street.
We do not feel it is in the best interest of the neighborhood to allow a vacation of easement for
the above mentioned property. The neighborhood has single dwelling homes and is a nice quiet
neighborhood.
Other reasons for our concern are: no fire hydrants, no street lights, road is too narrow for
excess traffic (building a triplex would mean at least 6 or so more cars) and a very important
issue is the fad that water pressure is extremely poor in this neighborhood already.
Our idea of purchasing this home in Mc Call was to be in a quiet, owing neighborhood. We have
that.
It is our hope that you do not allow for the easement to be vacated.
Respectfully,
Mal and Kathy M
1465 West !deft Avenue
Ontario, Oregon 97914
Property Owned by Gerald Markee
Power of Attorney attached
AUG 05 '96 08:35 PRECISION AUTOMOTIVE MACHINE - P.3
Power of Attorht_r
A person who wishes to designate an agent by a power of attorney may execute a statutory power of
attorney sat out in substantially -the. following .form: ,.
General Power of Attorney
The powers granted from the principal to the agent or agents in the following document are very broad.
They may include the powerto disposes. sell, convey, andenc+umber your real and personal Property, and
the power to make your healthcare decisions. Accordingly, the following document should only be used
after careful consideration. If you have any questions about this document. you should seek competent
advice.
(D) Nanking transactions
-(E) business operating transactions
(F) insurance transactions
�.. (G) estate transactions
(H) gift transactions
, . (1) Claims and litigation
(J) personal relationships and affairs,
..,_(k) benefits from government programs and military service,
,(L) health care services
„�. (NI) records. reports. and statements
(N) delegation •
(0) all other matters, including those' specified as.fpilows:
You may revoke this powei of att rney at any time.
Section 1. I. ( s-aftl ..11ige4Ot' . of11Q3 /c / xe
(Name of principal) (Address • of . princi-
Ceit,4 ,4G / fit;:i er . do hereby appoint lAi00 i '1114 j r,l,t ro(1Li-Iz.
I) (Name and address of agent or
,it(0 Win u if ht�. see
(Yld 4 G✓... A 4#, , my attorneys) -in -face to set as 1 have 'cha kad below in my
agents) On fwro., d frypi r
name, place. and stead in any way which 1 myself could do. if I were personalty present. with respect to
the following matters. to the full extent that I am permitted try law to act through an agent:
Section 2. The agent or agents you have appointed will have all the powers listed below unless you draw a
line,through,a category; and initial the space before that category.
. (A).resi;estate.transactlons. ,
. ' (8) transactions involving tangible personal property. chattels. and goods
(C) bonds. shares; and commodities transactions
Seeet n 3. if you have appointed more than one agent, check one of the following:
Each agent may exercise the powersconferred separately, without Me consent c4 any other agent.
Alt agents shall exercise the powers conferred jointly, with the consent of all otner agents.
Settion 4. To indicate when this document shall become effective, check one of the'tollowing:
A 'This doeurne.nt shall'heeomr? effective r.ipon the riatn of my sing. nature. •••
•T(tis document shall become effective upon the date of my disability and shall -,et otherwise be
affected by• my% disability. ' • •
Section 5. If you have lndicateo that this document shall becomeon the.date el your signature.
check one of the following:
•
. ,:'rin1eC Oh (er' * :'C!!
r�[eanrAUG 05 g7' 35 PRECISION AUTOMOTIVE MACHINE P.4
kwMd ram ' r'_ • . ,....
•
This document shall _ be affected by my subsequent disabi' -_
This document shall be revoked by my.subsequent disability. , .
section 6e If you have indicated 'ttyat•this'dpcumertt shall become, effective upon the date of your,
signature and want to limit the term of this document, campiete the fallowing:
This document shall only continue in effect for ' t .1 years from the date of mysignaturc.
Section 7. Notice of revocation of the powers granted in this document.
You may revoke one or more of the powers granted in trtis document. Unless otherwise provided in this •
document. you May revoke a specific power granted in this power of attorney by completing a special
power of attorney that includes the specific power in this document mat you went to revoke. Unless
otherwise provided in this document. you may revoke all the powers granted in this power of attorney by
completing a subsequent power of attorney.
Additional Provisions
Section 6. It you have given the agent authority regarding health, care services under Section 2.
subdivision (L.); complete the. following:
1 hatxecuted a separate "Living Wilt."
i—iect sited a "trot
Section S. You may designate an alternate ayenL Any alternate you designate will be able to exercise the
same powers as the agent(s) you named at the beginning of this document It you wish to designate an
alternate or alternates. complete the following:
If the agent(s) named at the beginning of this document is unable or unwilling to Sere_ or continue to
serve. then I app the fotlowi g agent to servP with me same powers:
First alternate ALA.. t}[
(N )eend add ss of alternate,
Second alternate Vbt dd4 IAA GA. -
(Name and address of alternate)
Section 10. You may nominate a gs:ardien or conservator. tf you, wish to nominate a guardian or
conservator, complete the following: _
In the event that a cotirt decides that it is necessary to appoint a guardian or conservator for me. t
tierehy nominate to de
(Name and. address of person nominated)
Considered by the court for appointment to serve as my guardian or conservator, or in any similar
representative capacity
w
Section t!. Notice to Third Parties
A third party who relies on the reasonable representations of an agent as to a matter relating to a power
warner-1 by a properly executed statutory power of attorney does nut incur any liability to the prirrcipat Qr
to the principal's heirs. assigns, or estate as a result of permitting the agent to exercise the authority
granted by the power of attorney. A third party who fails to honor a properly executed statutory form
power of attorney may be liable to the principal, the, agent. the principal's heirs. assigns. or estate for a
civil penalty, plus damages, costs, and fees associated with the failure to comply with the statutory form
power of attorney. if the power of attorney is one which becomes effective upon the disability of the
principal, the disability of the principal is e < i = (°�., -e- • - "V;Y.-,•; �r=r required by law,
1N/VITNE33 WHEREOF, 1 Have hereunto !gfled St M a 2. day of i rl e 79q
STAT>= OF ALASKA ) SS 7 �� e
JUIJIC;IAL DISTRICT )
The foregoing instrument, for the purposes stated therein, was signed. subscribed, • orn
acknowledged bet re me by a............_the ve "la'-'
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meet rule or rank Si,lal nurnoer. it a v. date ee--rgssion expire;
MUTH-A. LLOaf
NOTARY PUBLIC
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AUG.4,1996
CITY OF MCCALL
PLANNING & ZONING COMMISSION
REGAURDS TO ALTGUST 6TH & AUGUST 20TH MEETING. 1602 & 1604 LAWRENCE ST.
PRANK & SUZANNE BOSCH.
I STRONGLEY OBJECT TO A TRIPLEX BEING BUILT AT THE ABOVE ADDRESS. WE
HAVE VERY LITTLE WATER PRESSURE . THE SNOW REMOVAL WOULD BE A BIG
PROBLEM IT WOULD PUT AT LEAST 6 CARS ON THAT PROPERTY,WIIICH IS TO
MANY FOR THAT AREA.
THANK YOU FOR YOUR TIME.
SINCERELY;
SHARON CHALOUPKA
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Roger & Gerry Ross
1605 Lawrence Drive
P.O. Box 475
McCall, ID 83638
July 29, 1996
Planning and Zoning Commission
P.O. Box 986
McCall, ID 83638
Attn: Andrew K. Locke, Staff Planner
RE: Vacation of platted utility easement between Lots 3 & 4 of Eastside Subdivision,
commonly known as 1602 and 1604 Lawrence Drive.
We are opposed to this easement being vacated for the following reasons:
1. The proposed triplex would create more traffic on the existing roadway which is
narrow and not maintained by the City of McCall.
2. Existing water pressure is very low and will not support three more families. We
are unable to use more than one sprinkler at a time in our yard at 1605 Lawrence Dr.
3. There are no fire hydrants located on Lawrence Dr.
4. There are no street lights on Lawrence Dr.
5. Snow removal will be a problem because since Aspen Village was built the drainage
ditch was covered over and standing water is a problem each spring on Lawrence Dr.
A triplex building will only contribute to this problem by creating more standing water.
6. The existing alley way on the north side of Lot 4 is narrow and difficult for fire apparatus
to access.
7. Rental properties which are not managed by year round resident owners often are not
maintained with the same degree of pride as other homes in the area and become eyesores.
The existing rental property of the Bosch's has not been well maintained by the property
management company and in the past has had renters who have not kept up the property.
8. The applicants state that they want to help beautify the area. If this is true, they could do so
by cutting the weeds and maintaining Lots 3 & 4 now. These lots have been cleaned up by
other people in the neighborhood each spring; otherwise the property would remain
overgrown with weeds.
Sincerely,
qc7
iee; M .e2g ,Xerew/4.4.4-/Aee,
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McCALL
PLANNING and ZONING
June 18,1996
The attached notice is sent to you as an affected property
owner within 300 feet of the proposed easement vacation. You
are invited to attend the public hearing and comment or
respond in writing prior to the hearing date.
If you have any questions regarding this notice, or if you wish to
review the application, please contact me during regular
business hours at the number below.
Sincerely,
Andrew K. Locke
Staff Planner
216 East Park Street • P.O. Box 1065 • McCall, Idaho 83638 • (208) 634-7142 • FAX (208) 634-3038
City of McCaII
Planning & Zoning Commission
Notice of Public Hearing
The City of McCall Planning and Zoning Commission will hold a public
hearing on August 6, 1996 at 7:30 p.m. (or as soon thereafter as the matter
may be heard) at the McCall City Hall, lower level, 216 E. Park Street,
McCall, Idaho. The hearing is for the purpose of receiving testimony from
interested persons regarding an application submitted by Frank W. &
Suzanne J. Bosch, for a vacation of a platted utility easement.
The property with respect to which this application was made is:
The 10 feet on either side of the dividing lot line between lots 3 & 4 of
Eastside Subdivision, located in the NE 1/4 of the NE 1/4 of Section 9,
Township 18 N., Range 3 E., Boise Meridian.
The property is more commonly known as 1602 & 1604 Lawrence Street.
Details of the application are available for review during regular business
hours at McCall City Hall, 216 E. Park Street.
The public is encouraged and invited to attend the hearing and/or make
written comment prior to the hearing. Written comment may be
addressed to :
Planning and Zoning Commission
P.O. Box 986
McCall, ID 83638
Dated July 15, 1996
Andrew K. Locke
Staff Planner
Publisher's Affidavit of Publication
STATE OF IDAHO
.ss
County of Valley
I, Leslie Freyer, being duly sworn and say, I am the receptionist of
The Central Idaho Star -News, a weekly newspaper published at McCall, in the
County of Valley, State of Idaho; that said newspaper is in general circulation
in the county of aforesaid and is a legal newspaper; that the NOTICE OF P&Z
PUBLIC HEARING, a copy of which is enclosed hereto and is a part hereof,
was published in said newspaper once a week for one consecutive week in the
regular and entire issue of every number thereof during the period of time of
publication, and was published in the newspaper proper and not in a supple-
ment; and that publication of such notice began July 18, 1996 and ended July
18, j 996.
Sub Bribed and sworn`
STA E OF IDAHO
COUNTY OF VALLEY
e me this the 18th day of July, 1996.
On this 18th day of July, in the year of 1996, before me, a Notary
Public, personally appeared Leslie Freyer, 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 statements therein are true, and acknowledged to
me that she executed the same.
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires: 1999
CITY OF MCCALL
PLANNING & ZONING COMMISSION
NOTICE OF PUBLIC HEARING
The City of McCall Planning and Zoning
Commission will hold a public hearing on
August 6, 1996 at 7:30 p.m. (or as soon there
after as the matter may be heard) at the McCall
City Hall, lower level, 2,16 E. Park Street,
McCall, Idaho. The hearing is for the purpose
of receiving testimony from interested persons
regarding an application; submitted by Frank
W. & Suzanne J. Bosch; for a vacation of a
, platted utility easement.
The property with respect to, which this
application was made is:
The 10 feet on either side of the dividing lot
line between lots 3 & 4 ofEastside Subdivision,
located in the NE 1/4 of the NE 1/4 of Section
9, Township 18 N., Range.3 E., Boise Merid- .
ian.
The property is more commonly known as'
1602 & 1604 Lawrence Street.
' ' Details of the application are available for
'review during regular. business hours at McCall
'City Hall, 216 E. Park Street.
The public is encouraged and invited to
attend the hearing and/or make written com-
ment prior to the hearing. Written comment
, may be addressed to: -
Planning and Zoning Commission
P.O. Box 986
McCall, ID 83638
Dated July 15, 1996
Andrew K. Locke
Staff Planner 1t7/18
4a .14-