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1991.07.23 ANN - Gravel Pit
DATE: JULY 23, 1991 TO: CITY ADMINISTRATOR FROM: CHIEF ED PARKER RE: RIFLE RANGE (GRAVEL PIT) At your request, I have investigated the complaint of people using City property as a Shooting Range. I believe the complainant has a reasonable concern. In the event of an accidental discharge there is a chance that the occupants, located behind the gravel pits, would be at risk. The City has a couple options. It could post No Trespassing Signs which would stop all recreational activities on the property. Or, annex the property into the City where shooting would be prohibited by City Ordinance. In order to make enforcement simple, I would suggest that the Council consider annexation to the Payette River. Refer to the attached map -- the diagonal lines delineate the area of annexation. Respectfully, gcQ Ed Parker Chief of Police 4. I 97 7 5 10 T. HAYES ST PINEDALE ST. RID VISTA BLVD INDUSTRIAL /9i 20 AY a✓/ 71 Pub& Beach 55NN 17 NAT ZY \\ 2 1it it 0 - II q ►1. // II // . 0 6 • Y�.� • yam...4. 11 • — • CEMETERY _ _ — J 0 School rat -- — 6 9 17 16 20 ���� ^ ���� K ��. l t ���� ������ / ��������K . ������y �� _ �� _ ~ ^ ~ ~ . . O F F I C E o p T H E C L E R K B O X 1 0 6 5 m c U * L W m * A o 0 6 a a J u l y 1 6 , 1 9 9 1 T o : B u d S c h m i d t , C i t y A d m i n i s t r a t o r F r o m : L a r r y C h a l f a n t , P u b l i c W o r k s D i r e c t o r R e : C i t y g r a v e l p i t D e a r B u d , T h e g r a v e l p i t i s C i t y p r o p e r t y . I t i s o u t s i d e t h e C i t y l i m i t s . P e o p l e s h o o t i n g a t t h e g r a v e l p i t h a v e a l w a y s l e f t t r a s h , b r o k e n b o t t l e s , b e e r c a n s , b o x e s a n d o t h e r t r a s h t h a t t h e y u s e d f o r t a r g e t s ' I t ' s a n u n s i g h t l y m e s s . . B e c a u s e o f t h i s p r o b l e m I a s k e d f o r a n d g o t C i t y c o u n c i l p e r m i s s i o n t o g a t e t h e a r e a o f f . H o w e v e r , a f t e r t h e a i r p o r t c o n s t r u c t i o n , t h e y r e m o v e d s o m u c h m a t e r i a l t h a t i t b e c a m e t o o b i g o f a j o b t o k e e p p e o p l e o u t . �� �� W r y ' a } ��A P u b l i c W o r k s D i r e c t o r ~ City of McCall OFFICE OF THE CLERK BOX 1065 McCALL. IDAHO 83638 TO WHOM IT MAY CONCERN; The attached notice is sent to you since you are an affected property owner within 300 feet of the proposed zoning action. You are invited to attend the public hearing and comment or to respond in writing prior to the hearing date. / f . Arthur J. Schmidt Ci tv Cle-i PUBLIC NOTICE The McCall City Council will hold a public hearing on May 28, 1992 at 8:00 p.m. (or as soon thereafter as the matter may in its turn be heard) at the McCall City Hall, 216 Park Street, McCall, Idaho. The hearing is for the purpose of receiving testimony of interested persons concerning: An application submitted by the City of McCall to annex the unincorporated area legally described as: The real estate with respect to which this application was made is: Government Lot 9, Section 17, T. 18 N., R. 3 E., B.M. This annexation was requested by adjoining property owners to permit enforcement of City Codes, particularly the prohibition of discharge of a firearm within the City limits, on this property. Dated May "�/ , ' 19 2 Ar u J. Schmidt City lerk 1 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 cos. pleted Schedule Hearing Write Public Hearing Notice Mail to Adjoining Property Owners Notice to Star News Send Bill For Mailing and Publication Prepare Posting Notice Request Staff Report GICinc ( it (3/9 2_ i TITLE: /ff/7?ea°. DATE: 0 Lj/c(1 APPLICANT: c --/ ADDRESS: _par, PHONE: &-?Lf --7/ U7 Exhibit # Description f 80e in/ r^ (- 74 - �ri)fl1 l " h 4.4 2 /qrew/1 J 4 L/ it r?r- on', ef k%' `�� /<Ai 5 Ir°rn (4 fr re/904 Orlfi&I Kiiiii 6 :-/-ecire nrf ri-ni fi.lic, (J/i, 1371-4r 7 — fPr7 tyify a Clie_Cj A r7r/' r' i )/ff ir ) Try I[ l F/�l�/'/ /ro/i1 Nike /.< )ot ;r, c17/1:7/2-; g firer n1tp le) / 1 c/ c i-x RC'e-I 7L-firnper4 orr)/1F_rs l i /-i{A11C he,rrli . nolic -- )g A ri (/7 jvi'i- (,)- Li /!ram ) (-13Pere-4 /-ter ---7�ff /`f p 9)r 7 5 ILI e'Torreo_ rrnm (APiI C7ili i J5 • (241,0-..-e..-- 010 lek/ , d%i( —. �19a ar'el CNy /4 (L -� I 71 - ci Z l'7 / iP. �1F-,r gf /1 r�ii(r, . N!J1 (�nn i /1 01(C1 / Y !a 19 /-'-ildn' C/11/4('64‘r/t ~7 .001)017 ,-,20 nn . ..:( ginciiiir,., or i-4:-Ws i 35,,,,,k(s?0, e-f-' / .7td e Irinl /s/cioni4 &c or? Q/%P1g ioep = ` TITLE : /- y1pK rtnn-4,1 t !e_d DATE: APPLICANT : C(4 c-)r- McC'R, ADDRESS: r PHONE: Exhibit # Description (-2 Api 4\ex7Ah1 710 fw)ne,,,e cyrichtn l'roper ,A4P.iyo 1 r id riv??(di- rrom (-)/F4(i i�-1 rill- r --- ,V7 if Ag� _ f? rrgi %116rC,C' ,5- .-_TaH' fro r ne r)( an 1 1.71-of Acil,wen71— .ir-v , )n&r:-. Ilib AC,Rhdri /4 Pl'ic:67VIY- cK pr ,h/ l 74O n Li kV C______ c)1q / nrrt�S 4/Di/92 r :.fir S'co/irl h ePr; di . v►n-(ic _ BERT H. REMAKLUS, LAW1 >cn P.A. PROFESSIONAL CENTER BUILDING POST OFFICE BOX 759 CASCADE, IDAHO 83611 TELEPHONE (208) 382-4267 July 3O, 1991 Arthur J. Schmidt, Jr. City Clerk/Administrator P. 0. Box 1O65 McCall, Idaho 83638 Re: Annexation of Gravel Pit Area Dear Bud: On the enclosed map the McCall City limits appear in red. Owner- ship of the three n»mhered tracts are as follows: Tract No. 1: Government Lot 6, Section 17, Twp. 18 N., R. 3 E., B.M. Ownership is in Madsen and Heacock and their consent to annexation must be obtained since this tract has not been laid off into lots or blocks of 5 acres or less. Tract No. 2: Government Lot 9, Section 17, Twp. 18 N., R. 3 E., B.M. Ownership is in the city. Tract No. 3: Owned by the city and the description thereof appears on the second enclosure. Annexation proceedings for tracts 2 and 3 may be commenced immedi- ately and upon adoption of the ordinance all city ordinances now in effect shall apply thereto. If you have any questions please call. Very truly yours, g Robert H. Remaklus bb McCALL PLANNING & ZONING EXHIBIT l BECEI!!E _ / ..%(/9 r A / r-' 41 it ... / i A /0 \A / 4 = = �� II ry II I \\..__,� it I } 119 I 97 8 r 7 • •• 6 WEST A/8 11 I j liaCAa MOANS a zn,4Im v EXHIBIT RECEIVED' 5---�-•— INOustRIAL /9i 20 T 71 Ptiblia Beach 41 .0 sod ,rcy lead — L.g ST in—ST School CEYETCnv ..YO1111 COMPANY. ■O1a 14241 YEAR SEC. TwP. R. No. DESCRIPTION '4;'4.- C~ , 1980 C.C. Steven (Canpi_ed 1963 (Set Sta-e 20 McGbnis, Millemann, Grantees - 20 up 1933) of 18 Contract) 18 Idaho 3 • gran etu'c 3 -4, 1. o . ' : a A: _, at a. Beginning point that is North 34°30'59" east 185-ee�m°re or less fran the lot corner cannon to Lots 40 & 41 on the Easterlyof Valley View Sub. #2; & which is the boundeiy betdaen`Sections 19 and 20 he Peal Point of Beginning; then North 34°30'59" East 207.19 feet more or less a 5/8" pin, the lot corner cannon thermal lots 36 & 37 on the Southeasterly boundary o alley View Sub. #2, thence North 82° 32'06" East 251.38 feet to a.5/8" pin, the of pin cannon to lots 32 and 33. on the Southerly boundary of Valley View Sub. # , thence South 55°54'18" West 169.93 feet to a 5/8" pin with plastic cap; South 44°16'20" West 84.91 feet to a 5/8" pin with plastic cap; thence South 8°11'47" West 127.08 feet to a 5/8" pin with plastic -cap; thence South 16°7'2 West 182.73 feet to a 5/8" pin with plastic cap; thence South 7°13'03" West 153. feet to. a 5/8" pin with plastic cap; thence South 9°34'35" West•266.11 feet to .5/8" pin with plastic cap; thence North along the Section line between Sectns 19 and 20 to the Real Point of Beginning:. - . A parcel of land lying situate in a portion of the NENE of , \\ Section 20, Township 18N R3E, Boise Meridian,. described as follows, to -wit: Beginning at the Northeast corner of Section 20, T18NR3E, BIM.; thence South 0°42'E. along the East line of said Section 20 a distance 'Of 460.0 feet, to a point; thence South 85°18'W - 900.0 feet to a point; thence North 0°42'W, 520.0 fee to a pothnt in the North line of said Section 20; thence North 89°07'East along the North line of said Section 20 a distance of 897.8 feet more or less,. beginning. .of Mc Call. 18 & Marilyn (Grantors) �� 3 » Crr�u,Loze Village Grantee 1984 Gerald Baxnar, Saito 'Grantees) 1984 Gerald Baumar, .-L , _ to the point of 20 C. Brothers 20 C. ---A-1 _ . -4 - - ...... 3 A. 4. L_ • -_ • Warranty Deed, inst #136790 7-13-84 & Survey 1-224.. A portion of Lot 2, .- .ed Valley View Subdivision No. 1, located in Section 20, T.18N., R.03E., more . 'cularly described as follows: Cam►encing at the Southeast corner of said`iot 2, said point being marked by an iron pin; thence along the Southerlyine of said Lot 2, N58*24'00"W., 509.82 feet to an iron pin on the Easterly tight -of -way of a 70 foot wide road; thence along said r...ht 18- & Marilyn __ J_A.._. Partnership 3 A. _�� of -way N.31*36'10o"E., 42.38 feet to an iron pin with a plastic cap; or: S. 63*20 ' 56"E. , 47 A feet to an iron pin with plastic cap on the: Eas 1; lire of said Lot 2; thboeeralong said Easterly line S.8*28'11"W.,'90.' feet to the Point' of Aiming. Canprising. .7109 acres,. more or: less, Q Q3: 7-13-84. o En W Compiled fran Survey 1-224 and Warranty Deed, inst #136790, E portion. of Lot 2, Amended Valley View Sub'divisieai No.. 1,. located in Stion20, % m Ita, in A9L+ ...... ,.4 4 ...,7 �.-., Asa+ 'i }Ycria.ac • fnl.l rivas- rnmpncina at the a 2 5 a Q I.I.i IJJ W CC . ` ' ~ / `�� ____- -__ _ '_- _ ` _ � - __- - _ - -' - _- ' � - -'-- ' - --'------ - --- � '- . � ` ' -- -- . ` -- � ' � . � - - - -- � - - . � � . ' � � _'-___ - - - ' ` - _ '' - ��-_ � - �-� - _ - � �_' ��''-'__ `` ' � . '_ � - . - ' -- - - - ---- '-------- --- - ' � � �� . - _ �_____--__'___-.'_-____- - __--__-'-__- � � � / � / / � _-- � ' __- � ' � � - � � � � ` .� ^ . _ -- � � `� / . �� ���`, - __--___ � - � . 8+^� _ � _ - � ,� - ^� - U _ _ ___-__-'-__-__ _ = _______-�_ � ' ' - ____' ____� .�~~~ [/ . �� __ _ � _-__-____-- - _ _- __ ' __ -_ -_ _' __ � __ - - � _---__ ' -_ -__'____- __- _ ' - - ������-������! �f���r ,_Y����� '� ~ �� � � .� . � . -- ` ----~----'- , ! | DATE: JULY 23, 1991 TO: CITY ADMINISTRATOR FROM: CHIEF ED PARKER RE: RIFLE RANGE (GRAVEL PIT) At your request, I have investigated the complaint of people using City property as a Shooting Range. I believe the complainant has a reasonable concern. In the event of an accidental discharge there is a chance that the occupants, located behind the gravel pits, would be at risk. The City has a couple options. It could post No Trespassing Signs which would stop all recreational activities on the property. Or, annex the property into the City where shooting would be prohibited by City Ordinance. In order to make enforcement simple, I would suggest that the Council consider annexation to the Payette River. Refer to the attached map -- the diagonal lines delineate the area of annexation. Respectfully, Ed Parker Chief of Police NIcCALL PLANNING & ZONING EXHIBIT 6 RECEIVED OA/9/ r \\ d// ill \\ // �� I CLUB \\ 97 L— 8 W STUN 7 OP 2 \\ \\ 1 \I • 7 WEST • McCALL PLANNING & ZONING EXHIBIT RECEIVED a 5 R.AD lB o 1RENTWODO 5 PINEDALE ST. RIO VISTA BLVD. INDUSTRIAL TERRACE 0, i9.Q�/ �y F o 4S'y viv sy 'SY 0' .TLY7' 60d /7Gi /BLi7 7�(XY � I 71 J�'' , Beach LAKE F HATCERIS5Hry Y Sr: AK PARK Q IDAHO School CEMETERY 20 21 ` / �� �� N' `~ City o� �l��K .��y� '� « _ ~. .. OFFICE orTHE CLERK BOX 1065 wccALL. /DAH000000 July 16, 1991 To: Bud Schmidt, City Administrator From: Larry Chalfant, Public Works Director Re: City gravel pit Dear Bud, The gravel pit is City property. It is outside the City limits. People shooting at the gravel pit have always left trash, broken bottles, beer cans, boxes and other trash that they used for targets. It's an unsightly mess. Because of this problem I asked for and got City council permission to gate the area off. However, after the airport construction, they removed so much material that it became too big of a job to keep people out. Public Works Director McCALL PLANNING & ZONING EXHIBIT HECENEO " L a Z c a L a t e I C 0 1 W K C 0 3 A 1 3 3 3 8 1 1 8 I H X 3 S N I N O Z ' S 9 N I N N V I d 1 1 . V 3 4 - 1 S l ' " ' " / 0 0 � �� - 0 - \ . o - s P l o c " m . 7 / 7 . ? S = " L - ' - � F'rapertyiKey Tax Code .Value What Owner/Address • - Legal Description DVPVDDPVVPDDDPDDDDDDDDDDDDDDDDDVVPVDDDDDDVDDDPVVDDDVDPPDDDVDPDDDDDVDDDDDDDDDDDD F:F' 18NO3E 179005A 4000 0 MCCALL, CITY OF BOX 1065 MCCALL, ID 83638 GOVT. LOT 9 LESS TAX #12 - S17 TAX #2 IN NENE - S20 T 18 R3E Property Key Tax Code Value What Owner/Address Legal Description DDDDDDDDDIWDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD F:P 18NO3E213155A 4000 11,147 DE BOER, JUDD W. & DIANE BOX 1617 MCCALL, ID 83638 1970 GREAT LAKES 14X48 LOCATED ON FART OF NWNW S21 T 1 SN R3E SER. #6Ji3S5214F2S7799 Property Key Tax Code Value What Owner/Address Legal Description DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDvDDDDDDDDDDDDVDDDDDDDDDDDDDDPDDDDDPI)DDDDDDP RF' 18NO3E2131 SSA 4000 11,147 DE BOER, JUDD W. & DIANE 4533 KELDOON BO I SE, ID 83702 PART OF W/2 NW, LYING WEST OF LANDING FIELD S21 T 18N R3E Property Key- Tax Code Value What Owner/Address Legal Description DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD RP 18Ni_r3E20o 1 Q A 4000 27,411 F:F' 18NO3E'2001 O5A cLr .e:v ieal BIEi3ER'T, BRAD A. & CHERYL E. TAX #5 IN NENE S20 T18N R3E 26641 REGENCY' COURT SAN JUAN CAP I STRANO 92675 Rpy%/o3E aoo455 low .O,3ox ��(o $3b3�'S 10 # to .� N c N E Ssz_oT1`6M R3 Z McCALL PLANNING & ZONING EXHIBIT ( e> RECEIVED (; /1(c° /q/ omens limy S U l4 di ,$ j4 i & / / 5r-e..57L /vsV i /i`7/n PUBLIC NOTICE Notice is hereby given that the City of McCall Planning and Zoning Commission will hold a Public Hearing on January 21, 1992 at 7:30 p.m. at McCall City Hall, 216 Park Street, McCall, Idaho on the following matter: An application submitted by the City of McCall to annex the unincorporated area legally described as: A parcel of land lying situate in a portion of the NENE of Section 20, Township 18N R3E, Boise Meridian, described as follows, to -wit: Beginning at the Northeast corner of Section 20, T18N R3E, B.M.; thence South 0 42' E along the East line of said Section 20 a distance of 460.0 feet, to a point: thence South 85 18 feet W - 900.0' to a point; thence North 0 42' W, 520.0 feet to a point in the North line of said Section 20; thence North 89 07' East along the North line of said Section 20 a distance of 897.8 feet more or less to the point of beginning. This annexation was requested by adjoining property owners to permit enforcement of City Codes, particularly the prohibition of discharge of a firearm within the City limits, on this property. Notice is hereby given that interested persons are invited to attend and be heard. Written comment may be addressed to: City of McCall Planning and Zoning Commission, P.O. Box 1065, McCall, Idaho 83638. Dated this_7Qday of December, 1991 4-0:/ Sue Harley Planning and Zoning Clerk NIcCALL PLANNING & 70 ' N EXHIBIT RECEIVED Publisher's Affidavit of Publication STATE OF IDAHO .ss County of Valley I, Ramona A. George, 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 PUBLIC HEARING, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for one consecu- tive week in the regular and entire issue of every number there of during the period of time of publication, and was published in the newspaper proper and not in a supplement; and that publication of such notice began December 26, 1 and ended December 26, 1991. ub cribed and sworn before me y of December, 1991. STATE OF IDAHO pOUNTY OF VALLEY r- On this 30th day of December, in the year of 1991, before me, a Notary Public, personally appeared Ramona A. George, known or identified to ma to be the person whose name subscribed to the within instrument, and burg by me first duly sworn, declared that the statements therein are true, and anowledged to me that she executed the same. Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires: 1993 PUBLIC HEARING McCALL PLANNING AND ZONING Notice is hereby given that the City of McCall Planning and Zoning Commission will hold a Public Hearing on January 21, 1992 at 7:30 p.m. at 1 McCall City Hall, 216 Park Street, McCall, Idaho on the following matter: An application submitted by the ' City of McCall to annex the unincorpo- rated area legally described as: A parcel of land lying situate in a portion of the NENE of Section 20; 1 Township 18N R3E, Boise Meridian, de- scribed as follows, to -wit: Beginning at the Northeast corner of Section 20, T18N R3E, B.M.; thence South 0 42' E along , the East line of said Section 20 a dis- tance of 460.0 feet, to a point: thence South 85 18 feet W - 900.0' to a point; thence North 0 42' W, 520.0 feet to a point in the North line of said Section 20; thence North 89 0T East along the North line of said Section 20 a distance of 897.8 feet more or less to the point of begThis annexation was requested . by adjoining property owners to permit en forcement of City Codes, particularly the prohibition of discharge of a • firearm within the City limits, on thi property. Notice is hereby given that' inter- , ested persons are invited to attend and be heard. Written comment may be ad- , dressed to: City of McCall Planning an Zoning Commission, P.O. Box 1065, McCall, Idaho 83638. Dated this 20th day of December, 1991 Sue Harley Planning and Zoning Clerk 1t12/26 City of McCall OFFICE OF THE CLERK BOX 1065 McCALL, IDAHO 83638 January 14, 1992 To: Staff From: Sue Harley Re: City Annexations Two applications have been filed with the City of McCall for annexations of unincorporated land into City limits. One is the gravel pit, the second is a portion of Payette Lake. Exact locations are on file at City Hall. You are invited to review the files and make comments and/or recommendations before the Public Hearings, both of which will be held on January 21, 1992. Sue Harley Planning and Zoning Clerk McCALL PLANNING Pi WNW: EXHIBIT 1Z RECEIVED /iq ( q City of McCall OFFICE OF THE CLERK BOX 1065 McCALL, IDAHO 83638 January 14, 1992 To: -Staff From: Sue Harley Re: City Annexations Two applications have been filed with the City of McCall for annexations of unincorporated land into City limits. One is the gravel pit, the second is a portion of Payette Lake. Exact locations are on file at City Hall. You are invited to review the files and make comments and/or recommendations before the Public Hearings, both of which will be held on January 21, 1992. Sue Harley Planning and Zoning Clerk McCALL PLANING & ZONING EXHIBIT 0 William M. Killen Carl B. Kerrick Law Offices of KILLEN & KERRICK, P.A. 200 East Park St. P.O. Box A.O. McCall, Idaho 83638 January 21, 1992 TO: Bud Schmidt, City Administrator City of McCall FROM: William M. Killen of Killen & Kerrick, P.A. RE: Miscellaneous Civil Matters Telephone: (208) 634-7118 FAX (208) 634-5880 In no particular order I would offer the following with regard to the matters identified: Gravel Pit Annexation The proceedings are consistent with the governing statutes ~� in that the City, as the owner in question, is seeking annexation of the property which does lie adjacent or contiguous to the existing boundaries of the City of McCall. I did note that there is a typo in the legal description that was used in the public notice. The call that reads thence S. 85 18 feet W.-900.0' to a point should read thence S. 85'' 18' W.-900 feet to a point. To be consistent I would spell out feet rather than using the abbreviation. That is the way it appears in the assessors log that was in the file. The only other observation that I would make is that that file includes some correspondence which makes reference to additional parcels numbered # 1 and 2. This particular parcel is referred to as #3. This information is referenced on Exhibits 1 and 2, the letter and the map from Bob Remaklus to you regarding the proposed annexation. The information is accurate except with respect to parcel 2. In fact there is a 1.9 acre parcel within that tract which is owned solely by Bea Heacock; it lies along the northerly boundary. If you like I could provide a copy of that legal. Chitwood Purchase Description As I mentioned on the phone there is a marked difference between the legal description that the title policy reflects and that which appears in the deed which has been prepared for signature. In talking with Herk Cole at Mountain Title McCALL PLANNING & ZONING EXHIBIT I.5 RECEIVED / 9I (cp 4 Bud Schmidt, City Administrator -2- January 21, 1992 it is our best guess that the deed description is a later one prepared by surveyors working with Toothman-Ortman. However, we have nqt been able to verify that as yet. If we can then I would concur in using that legal rather than the one that appears in the title policy, assuming the title company goes along with it. One additional note of interest 'is that though Boise Cascade has disclaimed any interest in—? the property, the Valley County Assessor, at least as of Friday, January 17, has still not acquiesced in that construction. In fact they are still identifying Boise Cascade on the tax assessment rolls as a potential party in interest. This arises from their view of how to read the laws compared to how we read it and how the title company reads it. In any event if that is important it may be desirable to secure a quitclaim deed of some sort from Boise Cascade. Knowing that this property is intended to be banked in some fashion through the Parks and Recreation Land Acquisition Program, this more prudent course may be appropriate in order to preclude a possible question down the line. Given the correspondence from Boise Cascade they should be accommodating. At the present time Herk Cole is going to make one more pass at the personnel in the assessor's office to see if we can get the problem eliminated directly. I will let you know as soon as we have a final assessment from that corner. Annexation: Gravel Pit area This annexation request was forwarded by the City Council to you for action. Last summer, we had numerous complaints from neighbors about the discharging of firearms in the area. Concluding the discussion, the Council determined that a law prohibiting the discharge of firearms within the city limits was in force, applicable only to the city limits, and the resolution was to annex the property making this law effective in that area. Neighbors complained of errant shots around their homes. The property to be annexed is entirely owned by the City. It is a gravel pit. The historical use of the area for sighting in weapons prior to hunting season, is the primary land use conflict to be resolved. There are no residences or other structures within the annexed area. The continued use as a gravel pit is anticipated until the soure is exhausted. The long term expectation is that the land will be converted to a major park over time. (Park and Recreation Master Plan, 1987). The area was a City dump and with that history, may have methane emissions which make it unlikely for any closed construction for the next 50-100 years. Zoning recommended is for Industrial to permit continued operation of the gravel pit. If, however, that zoning is too unrestricted, any designation will permit the continued operation of the facility. 1-21-92, ajs MetAa PLANNING & zorgi G EXHIBIT f t RECEIVED ( f 2 i /�� City of .McCall OFFICE OF THE CLERK BOX 1065 MCCALL, IDAHO 83638 January 23, 1992 To: Bud Schmidt, City Administrator From: Sue Harley, Planning and Zoning Clerk Re: Public Hearings, Annexations Dear Bud, On January 21, 1992 the City of McCall Planning and Zoning Commission held two public hearings to annex certain properties. One was for the parcel commonly known as the gravel pit, the other is a portion of the Payette Lake. The Commission voted to recommend both annexations. Because two public hearings are required for each annexation, I request that the City Council schedule public hearings for both actions. Thanks ACM! P MING ZONING GXHII3Fr RECEIVED PUBLIC NOTICE Notice is hereby given that the City of McCall City Council will hold a public hearing on February 27, 1992 at 8:00 p.m. at McCall City Hall, 216 Park Street, McCall, Idaho on the following matter: An application submitted by the City of McCall to annex the unincorporated area legally described as: A parcel of land lying situate in a portion of the NENE of Section 20, Township 18N R3E, Boise Meridian, described as follows, to -wit: Beginning at the Northeast corner of Section 20, T18N R3E, B.M.; thence South 0 42' E along the East line of said Section 20 a distance of 460.0 feet, to a point: thence South 85 18 feet W - 900.0' to a point; thence North 0 42' W, 520.0 feet to a point in the North line of said Section 20; thence North 89 07' East along the North line of said Section 20 a distance of 897.8 feet more or less to the point of beginning. This annexation was requested by adjoining property owners to permit enforcement of City Codes, particularly the prohibition of discharge of a firearm within the City limits, on this property. Notice is hereby given that interested persons are invited to attend and be heard. Written comment may be addressed to: Mayor and City Council, City of McCall, P.O. Box 1065, McCall, Idaho 83638. Dated this3t7 may of January, 1992 rthu iJ. Schmidt City Clerk/Administrator McCALL PLANNING & ZONING EXHIBIT [6 RECEIVED ysi / - Publisher's Affidavit of Publication STATE OF IDAHO .ss County of Valley I, Ramona A. George, 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 PUBLIC HEARING, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for one consecu- tive week in the regular and entire issue of every number there of during the period of time of publication, and was published in the newspaper proper and n a supplement; and that publication of such notice began February 6, 992 -nd ended February 6, 1992. —C\ ub cribed and sworn before mej the 13gday of February, 1992. STATE OF IDAHO COUNTY OF VALLEY On this 13th day of February, in the year of 1992, before me, a Notary Public, personally appeared Ramona A. George, 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: 1993 PUBLIC HEARING . McCALL CITY COUNCIL ANNEX UNINCORPORATED AREA Notice is hereby given that the City of McCall City Council will hold a public hearing on February 27, 1992 at 8:00 p.m. at McCall City Hall, 216 Park Street, McCall, Idaho on the fol- lowing matter: An application submitted by the City of McCall to annex the unincor- porated_area legally described as: A parcel of land lying situate in a portion of the NENE of Section 20, Township 18N R3E, Boise Meridian, described as follows, to -wit: Beginning at the Northeast corner of Section 20, T18N R3E, B.M.; thence South 0 42' E along the East line of said Section 20 a distance of 460.0 feet, to a point: thence South 85 18 feet W - 900.0' to a point; thence North 0 42' W, 520.0 feet to a point in the North line of said Section 20; thence. North 89 07' East along the North line of said Section 20 a dis- tance of 897.8 feet more or less to the point of beginning. This annexation was requested by adjoining property owners to permit enforcement of City Codes, particu- larly the prohibition of discharge of a firearm within the City limits, on this property. Notice is hereby given that inter- ested persons are invited to attend and be heard. Written comment may be addressed to: Mayor and City 1 Council, City of McCall, P.O. Box 1065, McCall, Dated this 30th of January, 1992 Arthur J. Schinidt City Clerk/Administrator.lt2/6 . CITY OF McCALL PLANNING AND ZONING COMMISSION MINUTES January 21, 1992 Attending: Gary Ertter, Chairman Larry Lovitt Tim Swanson Chairman Ertter opened the meeting at 7:52. The minutes of January 7 were approved as written. PUBLIC HEARING, GRAVEL PIT ANNEXATION At 7:54 Chairman Ertter opened the public hearing. The City Administrator read a staff report (attached). The following persons appeared and were heard: Jim Staup, who had questions about toxins and exact location of the pit. Jeff Sheldon, commented in favor of the annexation. Ertter closed the hearing to public Lovitt moved to recommend to the annexation. Swanson seconded unanimously. comment at 8:05. ******* City Council to approve the and the motion carried Lovitt then moved to recommend to the City Council to zone the area to be annexed zone F Urban Agriculture. Swanson seconded and the motion carried unanimously. The public hearing was closed at 8:10. PROPOSED HOME BUSINESS, LARRY CRAIG After a brief discussion, Swanson moved to approve the business proposed by Mr. Craig, so long as it maintains a residential appearance. Lovitt seconded and the motion carried unanimously. McCALL PLANNING R. 7QNIFoU EXHIBIT RECEIVED .s�`1��,��9''/92.— PUBLIC HEARING ANNEXATION INTO A PORTION OF PAYETTE LAKE **** Chairman Ertter opened the public hearing at 8:15. The City Administrator read a staff report (attached). The following persons appeared and were heard: Jim Staup, who questioned the purpose of the annexation. Larry Craig, who questioned the location. The public hearing was closed to public comment at 8:23. Lovitt moved to recommend to the City Council to annex the unincorporated area of the Big Payette Lake a distance of one fourth of a mile from the low water mark of said lake, from the points where the corporate limits of said City now intersect with said low water mark. Swanson seconded and the motion carried unanimously. The public hearing was closed at 8:27. Lovitt had questions about the purpose of V.A.L.U.E.D., which Administrator Schmidt addressed. With no further business, Swanson moved to adjourn the meeting. Lovitt seconded and the motion carried. The meeting adjourned at 8:35. Resptfully Submi.ted, Gar Ertter, Ch irman In the Matter of: Proposed Annexation by the City of McCall } } } Findings of Facts and Conclusions of Law The matter of an application by the City of McCall to Annex the unincorporated City owned property know as the Gravel Pit, having been presented to the City of McCall Planning and Zoning Commission (herein after referred to as the Commission) said Commission hereby makes the following Findings of Facts and Conclusions of Law. FINDINGS OF FACTS The McCall City Council initiated this annexation proposal based on the request of an adjoining property owner in July 1991. The Commission scheduled a public hearing for a proposal to annex the City owned property described as: A parcel of land lying situate in a portion of the NENE of Section 20, Township 18N R3E, Boise Meridian, described as follows. to -wit: Beginning at the Northeast corner of Section 20, T18N R3E, B.M. thence South 0 deg. 42'E along the East line of said Section 20 a distance of 460.0 feet, to a point; thence South 85 deg. 18'W - 900.0 feet to a point; thence North 0 deg. 42'W, 520.0 feet to a point in the North line of said Section 20; thence North 89 deg. 07' East along the North line of said Section 20 a distance of 897.8 feet more or less, to the point of beginning. Public Notice of the hearing was published December 26, 1991 in the Idaho Star News. Six property owners within 300 feet of the property were notified by mail. A notice was posted on the property as is required by law. As noticed, on January 21, 1992 at 7:50 p.m. at the McCall City Hall, the Commission held a public hearing, for which a quorum was present. At said public hearing, the Commission received the staff report and recommendations, was presented with information pertinent to the annexation and solicited public comment. The comments and recommendations were noted and considered by the Commission. Staff advised that no letters regarding the proposed annexation were received. The following persons appeared and were heard: Jim Staup, who had questions about toxins arliceegNNING & ZONING EXHIBIT RECEIVED (�/f 7i.? location of the old dumpsite located on the parcel. Jeff Sheldon, commented in favor of the annexation When no others came forth to be heard, the hearing was closed to public comment. After a brief discussion, a motion was made, seconded and unanimously carried, to recommend the annexation. By a motion made, seconded and unanimously carried, the Commission voted to recommend that the zone of said property to be zone F Urban Agriculture, if annexed. CONCLUSIONS OF LAW The action and findings of the proposed annexation of the above described property is governed by McCall City Code 3-25-7, and Idaho Code 67-6525. The Commission reviewed the record of this proposal and voted to recommend that the proposed parcel be annexed and, if annexed, the parcel be zoned F, Urban Agriculture. Based on these Facts and Findings the recommendations proposed by the Commission comply with McCall City Code 3-25-7 and Idaho Code 67-6525, Titled Local Planning Act. Dated is 3 / day of Jnuary, 1992. Gary Er 'er, Chairman, Planniq and Zoning Commission EDWARD G. BURTON, Esq. City Attorney and City Prosecutor CITY of McCALL OFFICE OF THE CITY ATTORNEY POST OFFICE BOX 1065 McCALL, IDAHO 83638-1065 March 2, 1992 Ms. Sue Harley Planning and Zoning Clerk City of McCall Dear Sue: 208-634-7142 (voice) 208-634-3038 (fax) On behalf of the Mayor and Administrator, this letter may be considered the application of the City of McCall to annex to itself property owned by it, and adjacent property which is privately owned but subdivided into a parcel of less than 5 acres in size: Government Lot 9, Section 17 T. 18 N., R. 3 E., B. M. The other owner within such Government Lot 6 is Bea Hancock, who owns a parcel of 1.9 acres in size. The Zone requested is "F", Urban Agriculture. If you have any questions, please advise. City of McCall By: Edward G. Burton City Attorney McCALL PLANNING & ZONING EXHIBIT -�c2 RECEIVED 3 /7 /9.R OFFICE OF THE CITY ATTORNEY MEMORANDUM Date: March 2, 1992 To: Bud File No: From: Ted Re: Gravel pit annexation Originally there were three parcels identified, numbered 1 through 3 from North to South. 1. was Government Lot 6, owned by Madsen and Heacock 2. was Government Lot 9, the bulk of which belongs to the City, but 1.9 acres within it belongs to Bea Heacock. Killen felt he had the description to this. 3. was metes & bounds within the NE 1/4 NE 1/4 of Section 20. That is what you are presently annexing. So we need to conjure up the process again to annex the City portion of Govt. Lot 9? McCALL PLANNING & ZONING EXHIBIT gECEIVED * .S srmomi City of McCall Annexation - Gravel Pit - - - -,% .71111. /rl u U o'' 4� / % I 1i %' I ii % // % V // // // // 4 I 0 W W PUBLIC NOTICE Notice is hereby given that the City of McCall Planning and Zoning Commission will hold a public hearing on April 7, 1992 at 8:00 p.m. at McCall City Hall, 216 Park Street, McCall, Idaho on the following matter: An application submitted by the City of McCall to annex the unincorporated area legally described as: Government Lot 9, Section 17, T. 18 N., R. 3 E., B.M. This annexation was requested by adjoining property owners to permit enforcement of City Codes, particularly the prohibition of discharge of a firearm within the City limits, on this property. Notice is hereby given that interested persons are invited and encouraged to attend and be heard. Written comment may be addressed to: City of McCall Planning and Zoning Commission, City of McCall, P.O. Box 1065, McCall, Idaho 83638. Dated this LE-6-day of March, 1992 Sue Harley Planning and Zoning Clerk MALL PLANNING & ZONING EXHIBIT RECEIVED Date: March 10, 1992 To: City Council From: City Attorney Re: Report 61" OFFICE OF THE CITY ATTORNEY -? o 4 ate, 1 r Use of Time. As of last 3/6/92 office management has taken about 18% of my time; misdemeanor prosecution and counseling officers concerning their cases, 22% of my time; code revision, largely the misdemeanor and infraction ordinances, 19% of my time; planning and zoning matters, 13% of my time; civil litigation, 6% of my time. This allocation of time among various problems will change. Kalman/UPRR case A detailed report on the Kalman matter had best be handled in executive session under IC 67-2345 (1) (f) relating to considering legal matters. To convene in such a session requires a 2/3 vote. Code Enforcement A problem of fire code enforcement relating to oil tank storage resulted in issuance of a Notice of Violation following which initial compliance has been obtained. A policy has been put in place to the effect that when a misdemeanor violation of Fire, Building, or Zoning codes is in the process of being committed, a criminal citation will be used to bring the matter to a prompt conclusion. Where a completed act is at stake, especially one it will be very expensive to correct, a civil complaint will be used. Ordinance Preparation Ordinances as needed for the matters you have approved have been prepared, and one updating our building and fire code provisions in anticipation of the renewed construction season. The revision of the criminal code will not make this week's packet; it is largely complete, but not yet done. It is best to be careful. Townley Lease I have prepared a lease amendment for Mr. Townley's lease (and such others to which it may relate) that seems satisfactory both to Mr. Townley and to the City Administrator. It many ways it is merely an agreement to agree, but both parties seem content with that. Public Hearing Notices I have revised the standard form of public hearing notice to increase actual notice. Annexation Ommission An ommission of considerable acreage from the legal description in the gravel pit annexation action by the P & Z and Council necessitates starting over again. McCALL PLANNING & ZONING EXHIBIT o! - RECEIVED 3/I4 /Q' i � Property Key Tax Code Value What Owner/Address Legal Description DDDDDDDDDVDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD MC GINNIS, CHESTER C. & MC GINNIS, ELSIE M. BOX 39 DONNELLY, ID 83615 PART OF SESW, LESS TAX #19; PART SWSW S17 T18N R3E Property Key Tax Code Value What Owner/Address Legal Description DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDl}DDDDDDDDDDDDDDDDD RP18NO3E178405A 4000 , 3,48 OWEN, FAMILY REVOCABLE TRUST 6OV'T. LOT 8 S17 T18N R3E RICHARD L. & MARY LOUISE OWEN, CO -TRUSTEES BOX 590 BRUNEAU, ID 83604 Property Key Tax Code Value What Owner/Address Legal Description DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD RP18NO3E179005A 4000 , , 0 MCCALL, CITY OF BOX 1065 MCCALL, ID 83638 8OV'T. LOT 9, LESS TAX #12 IN SECTION 17 T18N R3E; AND TAX #2 IN NENE S 20 T18N R3E Property Key Tax Code Value What Owner/Address Legal Description DDDDDDDDDDDDl)DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD2)DDDD2)D RP18NO3E179015A 4000 , ,55 HEACOCK, BEATRICE M. BOX 271 MCCALL, ID 83638 TAX #12 IN GOV'T. LOT 9 S17 T18N R3E Property Key Tax Code Value What Owner/Address Legal Description DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD RP18NO3E213020A 4000 , 1,17 DE BOER, JUDD W. & DIANE BOX 1617 MCCALL, ID e3638 STRIP 1001X 1786' THRU W/2 NW S21 T18N R3E � WCA[LPLANNING & ZONING EXHIBIT �� RECEIVED ; � Property Key Tax Code Value What Owner/Address Legal Description DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD RPM0217002011AA 300 , 4,00 RPM0217002034AA BROWN, WARREN H. & JAYNE J. BOX 745 MCCALL, ID 83638 RIVERSIDE SUBDIVISION LOTS 11 THRU 24 BLOCK 2 Property Key Tax Code Value What Owner/Address Legal Description DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD RPM02170020250A 300 , ,00 MORDHORST, ELMER C/O JOYCE J. MORDHORST 80 N. 9TH STREET #3 PAYETTE, ID 83661 RIVERSIDE SUBDIVISION LOT 25 BLOCK 2 G. - v : • I`:1wba i am; ,5v SEC ry —7 PLAT k \ e9 ' glisli .(:‘,,...A., ,......tt. .,..-/ ., I k . ., LI Sl- A ..t' /rk 5,-...-., ,,...,s.,..2A.-.Ft; -,7-:-7-...,-,,• 1 i v ' lc- — d/P1 .3- •1:::-.., - , .1-. cL;•:.•!:_ ; ; L.:; .;" • I. • . • , , k:‘, 713-- 6 - ; - ,-. -r,- 1- ‘vt&4. , ,r •.:• ,.. • • 41 ;,A a/1%, ti...-- .• 9 0- c--•••••• ;;;:s il ci —r ot: DED/CA T/ON As.. ✓ 4.......4.z.4...4 I:./ Thy J Amor r /4 ...... / 6 44-y .. 4. sE.c.. 4.•k/ .44.+_ 4S we %,r, r .[. / .K, 4s.7,. l6.. ✓ i Al. /11.:, M...I. 5 IV'wr! J730 F./' .c-... JO"II'N /3- W O ,4./i Arm NI1' ►.W l7J• �' A4.. 4' I•I!'I /I140 for' A. A4 'J.."i"'fr'.-y 4./ i a.•/ 717• J I6... • i.. Aw+.f. •...✓. y r..//4./ ..4 4,'... A4 4 ,1....+i -y.,{.LrA ! AL SAT... f Aid✓, K/SV (* f ; 444 .../a1.4 ..L... ...✓ ...Kr, .J..- .- ..,r4 4+/ r r.N A4 "WWI..G.v..✓,' •A' Me/.r.•i • ,W 6//r."s, I044111W0bf .✓ T 1. 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LI.. # SW CIwr [A� ( u...4. 141.4.. Publisher's Affidavit of Publication STATE OF IDAHO .ss County of Valley I, Ramona A. George, 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 ANNEXATION 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 there of during the period of time of publication, and was published in the newspaper • =r and not in a supplement; and that publication of such notice began arch ,, 1992 and ended Marc 19, 1992. b cribed and sworn before t is the day of March, 1992. STATE OF IDAHO COUNTY OF VALLEY On this 19th day of March, in the year of 1992, before me, a Notary Public, personally appeared Ramona A. George, 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 acknowl- edged to me that she executed the same. Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires: 1993 McCALL PLANNING AND ZONING I ANNEXATION d Notice' is hereby given that the City/ of McCall Planning and Zoning; Commission will hold a public hearing, on City APril HalI 216 Pa k1992 at OSt p.m. at at McCall) Idaho on the following matter: McCall, An application submitted by the) City of McCall to annex the unincorpo-i rated area legally -described as: NGovernment Lot 9, Section 17, T. 18 ., R. 3 E., B.M. This annexation was requested by,: adjoining property owners to permit en, forcement of City Codes, particularly the prohibition of.discharge of a firearm within the City limits, on this property. Notice is hereby given that inter-,' ested persons are invited and encourage to attend and be heard. Written com-I meet may be addressed to: City of, McCall Planning and Zoning, Commission, City of McCall, P.O. Boxl 1065, McCall, Idaho 83638. Dated this 13th day of March, 1992. j I Sue Harley Planning and Zoning Clerk 1t3/19 McCALL PLANNING & ZONING The Star -News P.O. Box 985.1000 First Street McCall, Idaho 83638 ' 634-2123 City of McCall P.O. Box 1065 McCall, ID 83638 PAGE: 1 INVOICE NO.: 268 INVOICE DATE: 3/19/92 CUSTOMER ID: CMCAL TERMS: Net 30 ITEM / DESCRIPTION AMOUNT Legal -Annexation Hearing 19.53 DEPARTMENT APPROVALw7 ��� Account �d©� 7 SIgnatur _ Date Other McCALL PLANNING & ZONIN EXHIBIT �/5' RECEIVED 73(19',D SALES TAX 0.00 TOTAL INVOICE 19.53 CITY OF McCALL PLANNING AND ZONING COMMISSION MINUTES April 21, 1992 Attending: Gary Ertter, Chairman Larry Lovitt Tim Swanson Lance Eckhardt Staff: Bud Schmidt, City Administrator Ted Burton, City Attorney Sue Harley, Secretary Chairman Ertter called the meeting to order at 7:40 p.m. Ertter, Lovitt, Swanson and Eckhardt answered the roll call. A quorum was present. The minutes of April 7, 1992 were approved as presented. PUBLIC HEARING, GRAVEL PIT ANNEXATION Administrator Schmidt explained the map of the proposed annexation. Ertter opened the hearing to public comment at 7:45 p.m. Bill Killen, representing Bea Heacock, spoke of her objections to the annexation for tax reasons. In response to the reasons the City wants the annexation (to eliminate discharge of fire arms within City limits) he sited Idaho Code 18-6409, Disturbing the Peace, which is enforceable by Valley County Sheriff Department. Schmidt gave a brief history of why this annexation came about and explained that the nearby residents have had little response to the complaints called in to the Sheriff. Killen then declared that Mrs. Heacock wished to withdraw her objection. Schmidt explained the plans that the City had for this property. Ertter closed the hearing to public comment at 7:50 p.m. and _a ° 4 C C!4 a '� Ia i L {i11(f ly ? � G f � �i''"w9 r��Q� 022_ discussion followed, which included zoning. Swanson moved to recommend approval of the annexation of the gravel pit with a recommendation of Urban Agriculture for zoning. Lovitt seconded and the motion carried. Jim Staup had a comment on zoning, expressing the desire for an Urban Agriculture zone. Since the Commission had accomplished that end, the issue was tabled. The hearing closed at 8:01 p.m. PUBLIC HEARING, BOB AND TERI DODGE VARIANCE ****** Chairman Ertter opened the public hearing at 8:02 p.m. Administrator Schmidt read a staff report (attached). Bob Dodge, the applicant, gave a brief presentation while the Commission members reviewed maps and elevations of the plans. No one appeared to be heard. Ertter closed the hearing to public comment. After a lengthy discussion Lovitt moved to recommend denial of the variance; citing a lack of hardship. Swanson seconded and the motion carried. The applicant was informed of appeals procedures. The hearing was closed at 8:35 p.m. PUBLIC HEARING, LEON PRICE VARIANCE Chairman Ertter opened the hearing at 8:36 p.m. Administrator Schmidt read a staff report (attached). The Commission reviewed plot plan and elevation maps, while Andrew Laidlaw, representing the applicant, gave a presentation. No one appeared to be heard. Ertter closed the hearing to public comment at 8:55 p.m. At 9:00 p.m. the Commission took a 10 minute recess and reconvened at 9:10 p.m. The discussion continued at length, including fence height, fence location, noise, location and topography. It was determined that the applicant had the right to build a tennis court as presented on the plan, and if he did not have a fence in place, a hazard could occur from straying tennis balls. 1 f ' Eckhardt moved to recommend approval for a variance for a masonry wall as per application with the exception of the side wall, which is to be scaled down to six feet from the south east corner of Lake Street property line to a point parallel with the south west corner of the Yacht Club Building and the wall parallel with Lake Street be no more in height than 4 feet. He further moved to recommend approval to vary the height of the structure surrounding the tennis court, as shown on the plans, and also to vary the maximum lot coverage to 64%. Swanson seconded and the motion carried. Lovitt moved to recommend that the applicant secure a building permit within one year. Eckhardt seconded and the motion carried. Eckhardt moved to recommend a second hearing. Lovitt seconded and the motion carried. The hearing closed at 10:07 p.m. Swanson moved to adjourn the meeting. Lovitt seconded and the motion carried. The meeting adjourned at 8:08 p.m. RestfullySubmit Gard rtter, Chaff man +(I Dated April 1 , 1992 PUBLIC NOTICE The McCall City Council will hold a public hearing on May 28, 1992 at 8:00 p.m. (or as soon thereafter as the matter may in its turn be heard) at the McCall City Hall, 216 Park Street, McCall, Idaho. The hearing is for the purpose of receiving testimony of interested persons concerning: An application submitted by the City of McCall to annex the unincorporated area legally described as: The real estate with respect to which this application was made is: Government Lot 9, Section 17, T. 18 N., R. 3 E., B.M. This annexation was requested by adjoining property owners to permit enforcement of City Codes, particularly the prohibition of discharge of a firearm within the City limits, on this property. Dated May !/ , 19 2 Ar u /J J. Schmidt City lerk McCALL PLANNING & ZONING EXHIBIT 3 C- RECEIVED ��