HomeMy Public PortalAbout1997.10.29 VAC-97-01 - Davidson Street Adjournment..................................................................................................................................................9
MINUTES
Regular Meeting of the McCall City Council—Thursday, January 8,
1998
Meeting of Incumbent Council
Call to Order and Roll Callr
The meeting was called to order by Mayor Killen at 7:00 P.M. Ms. Arp and Messrs,
Colton, Eimers, Martens and Killen answered the roll call. A quorum was present.
Members of the staff present were: (1) City Manager Brian Olson, (2) City Attorney Ted
Burton; (3) City Clerk-Treasurer Jim Henderson; (4) City Engineer Jackie Fields; and (5)
Staff Planner Andy Locke.
PreviousMinutes of - -
Mr. Colton moved to approve the minutes of December 18, 1997. Mr. Eimers seconded
and the motion carried unanimously.
Mr. Martens moved to approve the minutes of December 29, 1997. Mr. Eimers seconded
and the motion carried unanimously.
Payment of Claims
Mr. Martens moved to approve the claims. Mr. Colton seconded. After discussion, the
motion carried unanimously.
Remarks of Outgoing Council - . -
Mr. Martens thanked the other members of the council and congratulated the incoming
council members. Mr. Colton presented a desk pen set to Mr. Martens in appreciation of
his four years on the city council.
Mr. Killen thanked the other members of the council and congratulated the incoming
council members. He cautioned the incoming council members to make the decisions
based on the best interest of the city for the long range. Ms.Arp presented a desk clock to
Mr. Killen in appreciation of his two years as mayor and a desk pen set in appreciation of
his four years on the city council.
3
The council recessed.
Meeting of Incoming Council
Oaths of Office
Mr. Eimers, Mr. Muller and Mr. Venable subscribed to the official oath of office and were
swom by the City Clerk.
Election of Mayor
Mr. Muller nominated IGrk Eimers. Mr. Venable seconded. At a voice vote Messrs.
Colton, Eimers, Muller and Venable voted"aye." Ms.Arp voted"No." The motion carried.
Mr. Eimers subscribed to the official oath of office and was swom by the City Clerk.
Election of Council President
Mr. Venable nominated Allan Muller. Ms. Arp seconded and the motion carried
unanimously.
Public Comment
The mayor opened the meeting to comment from the public respecting items not related to
the public hearings. The following were heard:
Report on Pending Litigation--City of McCall v.Montgomery Watson
Km Trout of OmdoTff and Trout gave a report on the status of the pending litigation.
Partial Vacation of Dawson Avenue
t David Kalange, represented the applicants gave a report. Zoning Administrator Andy
Locke gave a staff report. After discussion, Ms. Arp moved to adopt the Findings of Fact
and Conclusions of Law of the Planning and Zoning Commission and to approve the
vacation as requested. Mr. Colton seconded and the motion carried unanimously. _
Conditional Use Permit—Payette Lakes Medical Clinic
Mr. Locke gave a staff report. After discussion, Mr. Colton moved to adopt the Findings of
Fact and Conclusions of Law of the Planning and Zoning Commission and to approve the
Conditional Use Permit subject to the conditions stated in the Findings of Fact. Mr. Muller
seconded. At a voice vote, Ms.Arp and Messrs. Colton, Eimers and Muller voted "aye."
Mr.Venable voted"No." The motion carried.
4
Harold Beckett—Water Rate
Mc Beckett questionetl being chargetl;a commeraal non-mefered rate when a�1teter had �-
z.�,��..x�.been�installed=arid.that:the;capitaiiiation.feeralculations:indicatedfaxpart�al�r".esidentialnrate. ,_.�.'„_ _
He stated that he is making a formal application for rate adjustment.
Mr. Beckett also questioned the purchase of a pickup-mounted snow blade by the golf
course for clearing the clubhouse parking lot when the city had ample snow removal
equipment. He also reported that he had observed the pickup and blade being used to
clear a private driveway.
Idaho Community Development Block Grant
Jackie Fields gave a report noting the requirement to hire a Grant Administrator and that
after two attempts only one administrator, Ida-Ore had applied. Ms. Arp moved to
authorize a Letter of Intent to contract with Ida-Ore Planning and Development Association `
in the event an ICDBG was awarded to the city. Mr. Muller seconded and the motion
carried unanimously.
Dennis Coyle-Ponderosa State Park Manager
Mr. Coyle reported that a bill was being introduced in the Idaho Legislature to acquire land
that is intended to become a part of Lakeview Village. He requested a letter of support
from the city. Ms. Arp moved to direct staff to draft a letter to that effect. Mr. Muller
seconded and the motion carried unanimously.
Janet Venable
Ms.Venable welcomed the new council and also City Manager Brian Olson.
Water System
Duane Smith presented the report of the Ad Hoc Committee on water rates. He further
reported that the committee recommended the hearing scheduled for January 10, 1998 be
postponed. After discussion, the council by consensus agreed to hold the hearing as
scheduled and to develop alternatives and hold a second hearing at a later date.
Request for Utillty AdjustmentRobert Renfro
Mr. Renfro stated his request questioning the usage for which he was billed and offered to _
pay half of the bill. He reported that a leak had been discovered and he had the leak
repaired. After discussion, Mr. Olson stated that this was a policy matter and that the staff
should look into it further.
Scofty Davenport
Mr. Davenport pointed out that the grant-funded dump station for on-board waste systems
would require future maintenance and that the council must consider that in budget
setting.
Mr. Davenport further pointed out that sidewalk cleaning would be important during the
upcoming winter carnival.
5
Mr. Davenport asked if the three employees that had received temporary appointments
pending the arrival of the new City Manager had been returned to their old positions and
salaries. Mr. Henderson reported that they had.
Consent . .
The following item was listed on the consent agenda:
Pay Estimates#8 and Request for Reimbursement—J-Ditch
Mr. Colton moved to approve the consent agenda. Mr. Muller seconded and the motion
carried unanimously.
Mr.Colton moved to recess for 10 minutes. Mr. Muller seconded and the motion carried unanimously.
The council adjourned at 9:20 PM and reconvened at 9:30 PM.
I New Business
Council Appointments
Urban Renewal Agency
Mr. Colton moved to appoint Kirk Eimers to the Urban Renewal Board. Ms.Arp seconded
and the motion carded unanimously.
Fourth Judicial District Magistrate's Council
Ms. Arp moved to nominate Allan Muller to the council. Mr. Eimers seconded and the
motion carried unanimously.
Big Payette Lake Water Quality Council
Ms. Arp moved to nominate Kirk Eimers to the council. Mr. Muller seconded and the
motion carried unanimously.
Council Meeting Procedures and Agendas
Mr.Olson stated that he would like to review the current procedures and would be making
recommendations.
Resolution No. 1-98
Mr. Henderson gave a report noting that the Idaho Code required that the Mayor and
Treasurer sign checks. He recommended that the Council President be designated to
sign when the Mayor is absent and that the City Manager be designated to sign when the
Treasurer is absent. After discussion, Mr. Colton moved to adopt Resolution No. 1-98.
Ms.Arp seconded and the motion carried unanimously.
6
Quitclaim Deed--Joyce and James Nisula
Mr:Burton gave a report: After discussion,Mr Colton moved to accept the`.deed Ms Arp
Request for Waiver of Late Charges-Sondra Skinner
This item was withdrawn by the applicant.
ReportsStaff
City Manager
Mr. Olson stated that he had been present for twelve hours and was just getting oriented.
City Attorney
Mr. Burton pointed out a need to clarify the sidewalk ordinances. After discussion, it was
determined that the city should develop and inventory of sidewalks and conditions.
City Clerk Treasurer
Mr. Henderson reported that he had looked into the invoice on a new engine for the public
works department. He found that the engine was installed in the 1979 Ford 1-Ton service
truck.
Mr. Henderson stated that he had attempted to contact the President of the Boise
Snowmobile Club about the club's trip to McCall and found that the trip had been
cancelled since accommodations were not available.
City Engineer
The council noted a written report.
Director of Public Works
CommentsMayor and Council - . .
Ms.Arp
Ms. Arp reminded the council, staff and those present of the Community Visioning
sessions on Wednesday,January 14, 1998.
Ms.Arp further reported that she had some conversations with the Mary Gray concerning
the Highway Corridor Management Program and would have more information later.
7
c
Mr.Colton
Asked that the City Manager look into the Golf Course snowplow use reported by Mr.
Beckett.
Reported that he would be absent both February meetings.
Mr.Muller
Mr. Muller thanked the outgoing council members and stated that he was glad to become
a part of the council.
Mr.Venable
Mr.Venable stated that he was happy to be successful in his first political endeavor.
Mr.Einmm
Asked that staff contact KCML and request an announcement that the hearing for January
10t'would still be conducted.
Adjournment
Without further business, Mr. Muller moved to adjourn. Ms.Arp seconded and the motion
carried unanimously. The meeting adjourned at 10:45 PM.
ATTEST:
"` �
IGrk L. Eimers, Mayor
James H. Henderson,Clerk
8
CITY OF MCCALL
PLANNING AND ZONING COMMISSION
MINUTES
Attending: Richard McChrystal, Chairman
Pat Allen
Scott Davenport
Kathy Showers
Staff: Andy Locke, PEtZ Administrator
Ted Burton, City Attorney
CALL TO ORDER AND ROLL CALL:
At 7:08 p.m., Chair called the meeting to order announced a quorum present.
MINUTES:
Allen moved to approve the minutes of December 2, 1997. Showers seconded and the
motion carried unanimously.
OLD BUSINESS:
Commission took up the following Findings of Fact and Conclusions of Law:
1. SR-97-36 - Rife - 1114 W. Lake St. - New House
2. Airport Self Storage - Sloane - 301 S. 3rd St. - Sign
Citing no objections, Chair announced the FNCs approved as written.
VAC-97-1 - Davis ft Sandin- Vacate the easterly most 20 feet of Dawson Avenue,
north of Hemlock Street.
Commission received requested comments from the Fire District and the
Transportation Advisory Committee. Commission discussed available options.
Davenport moved to table the matter until later in the meeting, seconded'by Allen. Y
The motion carried unanimously.
PUBLIC HEARINGS NOTICED FOR 7:15 P.M.
CUP-97-9 - Eidam Ft Ennis - Construct Duplex in Zone A - 211 W. Lake St.
December 16, 1997 CPZ minutes.doc
Page 1 of 6
Chair introduced the application and opened the public hearing at 7:23 PM. Locke
presented the staff report, discussing density, traffic/parking, design, compatibility
and relevant code sections.
Andy Laidlaw, representing the applicant gave a presentation. Laidlaw asserted that
the use was compatible, citing Brown's Palace, Crystal Beach Condominiums, Pebble
Beach Trailer Park, and individual duplexes.
Laidlaw discussed the design, stating that if setbacks were the concern, they could be
adjusted, and that the project proposes a 77 foot setback from the lake, while only
50 feet is required.
Laidlaw continued by stating that the CUP process allows Commission discretion, and
asked that the Commission approve the application.
Chair called for public testimony.
Dave Byars, 219 W. Lake St. spoke in opposition to the CUP. Byars commended
Laidlaw on his work, opining that the building would be attractive, but had the
following concerns: precedence of multifamily dwellings in a single family area;
narrowness of the lot; obstruction of views for adjacent homes.
Gary Mahn, 209 W. Lake St. spoke in opposition to the CUP. Mahn voiced concerns
over obstruction of views; precedence of increasing density; single family character
of neighborhood between Brown's Palace and Crystal Beach; traffic and parking.
Mahn requested that the Commission deny the application.
Steve Millemann, representing the Mahns, spoke in opposition to the CUP. Millemann
urged the Commission to consider the precedence that approval would set. It would
be increasingly difficult for the Commission to deny applications to increase density.
Bob Ennis, co-applicant, spoke in support of the CUP. Ennis gave a history of the
property, indicating that the two families had grown to the point of needing more
space than the A-frame could provide. Ennis said that the duplex would allow each -
family to have their own space, and that the design would be compatible with
surrounding homes.
Marion Johnson, 127 E. Lake St., spoke in opposition to the CUP. Johnson also spoke
on behalf of her husband, L.M. Johnson. Johnson raised concerns with the following:
congestion; compatibility; zoning Ft comprehensive plan; aesthetic enjoyment;
traffic/parking. Johnson requested that the Commission deny the application.
December 16, 1997 CPZ minutes.doc
Page 2 of 6
Jean Odmark, 141 E. Lake St., spoke in opposition to the CUP. Odmark re-iterated
the comments in opposition to the CUP. Odmark asserted that a duplex, with its
attendant density would devalue adjacent properties.
The Commission noted that they had received and read several letters submitted in
regards to the application. Locke summarized each letter for the benefit of the
audience:
Frank Bruneel - opposed
Richard Et Mary Lou Ennis - in favor
David Palfreyman - opposed
A.H. Schade - opposed
Gary Et Kathy Mahn - opposed -
Idaho Transportation Department - neutral
Gregory Schade - opposed
Phil Et Nancy Reberger - opposed
Drew Et Paula Forney - opposed
Walter Et Caroline Hair - neutral - in favor w/ conditions
David Burpee - opposed
Jean Odmark - opposed
Marion Et L.M. Johnson - opposed
William Forney - opposed
Ann Lloyd Edwards - opposed
Mabel Lloyd - opposed
Michael Et Nancy Estess opposed
Chair closed the public hearing at 8:05 PM.
Commission discussed the application. Davenport voiced concerns over compatibility
in terms of views of the lake and density. Showers pointed out problems with Scenic
Route approval and density. Allen discussed financial problems and the precedence
of allowing a multifamily dwelling at this location. McChrystal discussed width and
problems with a multifamily dwelling at this location.
Allen moved to approve CUP-97-9, seconded by Showers. Chair called roll:
Allen - No
McChrystal - No
Showers - No
Davenport - No
The motion failed on a 4-0 vote. Commission consciously chose not to make a motion
to waive the requirement for a second public hearing.
December 16, 1997 CPZ minutes.doc
Page 3 of 6
CUP-97-10 - Payette Lakes Medical Clinic, P.A. - 209 Forest St. - Medical Clinic in
Zone A
Chair introduced the application and opened the public hearing at 8:20 PM. Citing a
conflict of interest, Allen recused himself and sat in the audience. Locke gave the
staff report and noted the sole letter submitted, from Bob Brown, neighbor to the
west. Concerns related to lighting, drainage, hours of operation, and landscaping on
the west side of the clinic.
Steve Millemann, representing the applicant, spoke in regards to how much improved
the application was over a previous proposal (November, 1996). Millemann also
indicated that the applicants had met in advance with the neighbors to resolve any
problems that might arise.
Millemann requested that rather than place an arbitrary limit on the hours of
operation, that concerns over lighting be mitigated by the applicant, if and when
there are problems. Millemann also indicated a willingness to work with the neighbor
to the west regarding landscaping.
Millemann pointed out concerns raised at the neighborhood meeting, noting that all
had been addressed. Concerns ranged from mechanical noise, drainage, and tree
removal.
Chair solicited public comment.
Pat Allen expressed a desire to speak in regard to the application, but was advised by
Burton that speaking would be contrary to Idaho State Law (IC 67-6506) regarding
conflicts of interest.
Dave Byars, 219 W. Lake St., spoke in favor of the application, noting that it was a
good plan and requested that the Commission approve the application.
Davenport inquired as to the roof material. Ed Droge, a co-applicant, indicated that -
the roof would be a 4:12 pitch with metal or composite. Davenport noted there may
be problems with sliding snow.
Karen Kelley, McCall Memorial Hospital Administrator, asserted that the shared
parking lot would work fine for the hospital, and life flight.
Millemann again expressed a desire to work with Brown on the landscaping. Droge
echoed Millemann's comments.
December 16, 1997 CPZ minutes.doc
Page 4 of 6
Chair closed the public hearing at 8:51 PM.
After discussion, Davenport moved to approve CUP-97-10 with the condition that
lighting problems and landscaping concerns be mitigated by applicant to satisfaction
of neighbor to the west. Showers seconded and the motion carried unanimously:
Davenport - Yes
McChrystal - Yes
Showers - Yes
Davenport moved that a second public hearing before City Council not be required,
seconded by Showers. The motion carried unanimously.
VAC-97-1 - Davis £t Sandin- Vacate the easterly most 20 feet of Dawson Avenue,
north of Hemlock Street.
Commission resumed discussion of the Dawson Avenue vacation. After extensive
discussion, Allen moved to approve the vacation of the 20' adjacent to the Freelon,
Davis, and Sandin Properties, with the following condition:
the property owners grant a 10' snow storage easement adjacent to the new R/W
Line. Showers seconded and the motion carried unanimously:
r.
Allen - Yes
McChrystal - Yes r.
Davenport - Yes
Showers - Yes `
Davenport moved that a second public hearing before City Council not be required. h
1 ,
Showers seconded and the motion carried unanimously.
SR=97 38 - Maverick - Sian - 622 N. 3rd St.
Davenport moved to approve the application, as submitted. Showers seconded and,...;:
the motion carried unanimously.
ROS-97-15 - 1912 Pil-grim Cove Rd. - Combine 2 lots into 1
Allen moved to approve the application, as submitted. Davenport seconded and the
motion carried unanimously.
OTHER
• Davenport inquired as to parking in CBD, when businesses change hands.
• Commission provided comments on Issues Papers for CommunityVision '98.
• Showers inquired as to river rock wainscoting at Maverik. Commission requested
Staff to make up a punch list for finalizing the project.
December 16, 1997 CPZ minutes.doc
Page 5 of 6
• Staff inquired as to uses in Zone CB, relating to a proposed time share project.
• Staff inquired as to building height variance.
ADJOURNMENT
With no further business, Chair adjourned the meeting at 10:08 p.m.
Respectfully Submitted, Attest:
Richard McChrystal, C airman drew Locke, dministrator
December 16, 1997 CPZ minutes.doc
Page 6 of 6
CITY OF MCCALL
PLANNING AND ZONING COMMISSION
MINUTES
-DECEMBER.2) 1997
Attending: Richard McChrystal, Chairman
Pat Allen
- Scott Davenport
Staff: Andy Locke, PBtZ Administrator
Ted Burton, City Attorney
CALL TO ORDER AND ROLL CALL:
At 7:06 p.m., Chair called the meeting to order announced a quorum present.
MINUTES:-
Davenport moved to approve the minutes of November 4, 1997. Allen seconded and
the motion carried unanimously.
OLD BUSINESS:
Allen moved to approve the following Findings of Fact and Conclusions of Law:
1. SR-97-36 - Rife - 1114 W. Lake St. - New House
2. Airport Self Storage - Sloane - 301 S. 3rd St. - Sign
The motion was seconded by Davenport and carried unanimously.
NEW BUSINESS:
SCENIC ROUTE REVIEW
SR-97-37- HEW Block - 305 E. Park St. - Sign
Locke presented the application, identifying the site. Davenport voiced concerns of
"electronic filing" and "all state returns." Allen moved to approve the sign as
submitted, seconded by McChrystal. The motion carried on a 2-1 vote, with
Davenport voting No.
PUBLIC HEARINGS NOTICED FOR 7:15 P.M.
CUP-97-9 - Eidam Et Ennis - Construct Duplex in Zone A - 211 W. Lake St.
December 2, 1997 CPZ minutes.doc
Page 1 of 3
Upon request of the applicants, Allen moved to reschedule the public hearing to
Tuesday, December 16, 1997 at 7:00 p.m., seconded by McChrystal. The motion
carried on a 2-1 vote, with Davenport voting No.
VAC-97-1 - Davis Ft Sandin- Vacate the easterly most 20 feet of Dawson Avenue,
north of Hemlock Street.
Chair introduced the application and opened the Public Hearing at 7:16 p.m. Locke
presented the Staff Report, discussing the application in terms of utilities, street
f' width, cul-de-sac, comments by TAC, and submitted public comment.
Chair called for public testimony. Dan Steiner, owner of Lot 11, and the Northwest
most parcel on Dawson Avenue. Steiner voiced concerns over the location of the Cut-
de-Sac, and that it would make his lot effectively smaller than it already is; One
outbuilding of his is located in the northern most portion of the R/W.
Linda Steiner, of the same address as Dan Steiner, raised concerns over safety
regarding a Cut-de-Sac. Staff indicated that it was unlikely that the Cut-de-Sac would
be built, but that the City would prefer not to vacate property that it may need at
some time in the future.
Dave Kalange, representing the applicants, discussed reasons for the proposed
vacation. Kalange said that it made sense to place the turnabout at the end of the
street, so as to ensure that all parties had access to the R/W. Kalange also had
difficulty in locating the structures on the Steiner property, without hiring a surveyor
to do additional work.
Chair closed the public hearing at 7:35 p.m. Commissioners discussed the comments
submitted by the Transportation Advisory Committee (TAC), and the possibility of
vacating the entire easterly 20' of Dawson Avenue. Allen inquired as to whether a
property owner can assume adverse possession on city property. Burton said they
could not.
Allen requested that the Fire Marshall render an opinion on whether it would be
acceptable to vacate the entire easterly 20' of Dawson Avenue and omit the
turnabout area. Allen also asked to allow Steiner to apply for a vacation of the end
of Dawson Avenue, and to wait for the final comments of the TAC.
Allen moved to table the matter and re-open the public hearing at 7:00 on Tuesday,
December 16, 1997.
OTHER, -
Davenport inquired as to parking at Bev's Cafe new location and the status of Ft.
Boise freestanding sign.
December 2, 1997 CPZ minutes.doc
Page 2 of 3
ADJOURNMENT
With no further business, Chair adjourned the meeting at 8:05 p.m.
Respectfully Submitted, Attest:
Richard McChryst 1, Chairman n Locke, A inistrator
December 2, 1997 CPZ minutes.doc
Page 3 of 3
Y-
-y_
1
CITY OF MCCALL
PLANNING AND ZONING COMMISSION
FINDINGS AND CONCLUSIONS IN SUPPORT OF APPROVAL OF
A PARTIAL VACATION OF A PUBLIC RIGHT-OF-WAY
VAC-97-1 - DAVIS Ct SANDIN - DAWSON AVENUE
The Commission finds that:
1. A petition for approval of a partial vacation of a public right-of-way (R/W) was
presented for public hearing on December 2, 1997 Et December 16, 1997 by David
Kalange, as representative of Robin Davis and Jeff Et Sandra Sandin, owners of:
Beginning at the SW corner of Block of the 26, First Addition to the Village of
McCall, Idaho; measure East 40 feet; thence in northerly direction 100 feet;
thence more or less to point of beginning. And;
Beginning at the Southeast corner of Fractional Block 26, McCall's First
Addition to the Village of McCall, Valley county, Idaho, thence Westerly along
the South boundary line of said block, sixty (60) feet; thence at right angles
Northerly One Hundred (100) feet; thence at right angles Easterly Sixty
Southerly One Hundred (100) feet to the Southeast corner of said Block, the
place of Beginning. And;
A portion of Block 26 of McCall's First Addition, according to the official plat
thereof, on file and of record in the office of the Recorder, Valley County,
Idaho, in Book 1 of Plats, at Page 28, more particularly described as beginning
at a point on the East boundary line of Fractional Block 26, said McCall's first
Addition to the Village of McCall, Valley County, Idaho, 60 feet South from the
Northeast corner of said Block 26, thence Westerly and parallel with the North
boundary line of said Block 26 a distance of 90 feet, more or less, to the West
boundary line Southerly 80 feet; thence Easterly parallel with the North
boundary line of said Block 26, 90 feet, more or less, to the East boundary line
of said Block 26; thence Northerly along said East boundary line 80 feet to the
point of beginning. And;
That part of fractional Block 26 of The First Addition to the Townsite of McCall,
Valley County, Idaho, described as follows: Beginning 100 feet Northerly from
the SE corner of said Block 26; thence measure 60 feet in a Northerly
Dawson St - VAC-97-1 - FNC.doc
Page 1 of 3
direction; thence West 100 feet to a point; thence South 60 feet to a point;
thence East to the Point of Beginning.
The application refers to the portion of Dawson Avenue North of Hemlock
Street.
2. The necessary notice was given to the public and to other public agencies and
entities.
3. The portion of Dawson Avenue under consideration for vacation lies North of
Hemlock Street, and is the Easterlymost 20' of the Right-of-Way, adjacent to the
above mentioned parcels. The vacation is depicted on a site plan, prepared by
Green Studio Architecture, and labeled Exhibit "A", attached.
4. Dawson Avenue, North of Hemlock Street, is platted as an 80 foot wide Right-of-
Way. The actual traveled way is located west of the centerline of the Right-of-
Way, and is approximately 20 feet wide.
5. Dawson Avenue is a "Minor or Residential Street" as defined in MCC 3-4-020 (118)
a. Such a street requires a 60 foot Right-of-Way.
6. The City of McCall has no need for Dawson Avenue as an 80' Right-of-Way. A 60'
Right-of-Way, built to the standards of MCC 3-21-260 (H), drawing #102, is
sufficient at this time, and the foreseeable future.
7. Two homes have.been constructed in the Easterlymost 20' of the Dawson Avenue
Right-of-Way. As per Idaho Code, 50-311, the Commission has deemed it in the
best interests of all affected property owners, that the partially vacated portion
of Dawson Ave. revert to the property owners on the east side of Dawson Avenue
only.
8. The proposed partial vacation is without harm to transportation needs, provided
that a 10' snow storage easement be retained on the vacated portion of the
street.
The Commission Concludes that:
1. 'The proposed partial vacation is without harm to transportation needs, and will
result in an adequate amount of Right-of-Way, both for the present and future
needs of the City of McCall.
2. At the public hearing, 2 persons and the applicant's representative spoke
regarding the application. A second public hearing before the City Council is
unlikely to generate additional public comment. Therefore, a second public
hearing is not necessary.
3. The proposed partial vacation is appropriate, with the following necessary
condition:
Dawson St - VAC-97-1 - FNC.doc
Page 2 of 3
i
(a) The recipients of vacated portions of Dawson Avenue grant the City of
McCall a 10' snow storage easement across the street frontage of the
vacated Right-of-Way.
(b) All survey, document preparation, and recording costs are to be borne
by the applicants.
4. The Commission hereby recommends that the City Council vacate the Easterlymost
20' of Dawson Avenue, as described herein.
Dated: December 18, 1997
Attest:
me
Richard McChrystal, Chairman An rew Locke, d inistrator
Dawson St - VAC-97-1 - FNC.doc
Page 3 of 3
Publisher 's Affidavit of Publication
STATE OF IDAHO
SS
!NOTICE OF PUBLIC HEARING
County Of Valley CITY OF MCCALL �A portion of Block 26 of MECa11's First
PLANNING&ZONING COMMISSION , Addition,according to the official plat thereof,
I, Leslie S. Freyer, being duly sworn and say, I am the receptionist of The City of McCall Planning and Zoning I on file and of record in the office of the Re-
The Central Idaho Star-News, a weekly newspaper published at McCall, in the Commission will hold a public hearing on corder, Valley County, Idaho, in Book 1 of
Count of Valley, State of Idaho; that said newspaper is in general circulation Tuesday;December 2,1997 at 7:15 p.m.(or as ` Plats,at Page 28,more particularly described
y a y p p g soon thereafter as the matter may be heard)at as beginning at a point on the East boundary
in the county of aforesaid and is a legal newspaper;that the NOTICE OF the McCall City Hall,lower level,216 E.Park line of Fractional Block 26,said McCall's first
PUBLIC HEARING, a copy Of which is enclosed hereto and is a part hereof, Street,McCall,Idaho. The hearing is for the I Addition to the Village of McCall, Valley
purpose of receiving testimony from interested County,Idaho,60 feet South from the North-
was published in said newspaper once a week for one week in the regular and persons regarding an application submitted by east corner of said Block 26,thence Westerly
entire issue of every number there of during the period of time of publication, Robin Davis&Jeff and Sandra Sandin,for a i and parallel with the North boundary line of i
and was published in the newspaper proper and not in a supplement; and that partial vacation of a platted right-of-way pur- ! said Block 26 a distance of 90 feet,moreorless,
suantto MCC-3-21-310. More particularly,to to the West boundary line Southerly 80 feet;
publication of such notice an November 13, 1997 and ended November vacate 20'of Dawson Avenue north of Hem- thence Easterly parallel with the North bound-
13, 1997. % lock Street. i ary line of said Block 26,90 feet,more or less,
The properties with respect to which this to the East boundary line of said Block 26;
application was made is: thence Northerly along said East boundary line '
Beginning at the SW corner of Block of the 80 feet to the point of beginning. And
26'First Addition to the Village of•McCall, Thatpartof fractional Block 26ofTheFirst
Subsbribecli6Ad sworn before me this the April 30, 1998. Idaho;measure East 40 feet;thence in north- i Addition to the Townsite of McCall, Valley j
erly direction 100 feet;thence more or less to County,Idaho, described as follows: Begin-
STATE OF IDAHO point of beginning. ning 100 feet Northerly from the SE corner of i
Beginning at the Southeast corner of Frac- said Block 26; thence measure 60 feet in a
COUNTY OF VALLEY tional Block 26,McCall's First Addition to the I Northerly direction;thence West 100 feet to a
Villageof McCall,Valley county,Idaho,thence a point;thence South 60 feet to a point;thence
Westerly along the South boundary line of said I East to,the Point of Beginning. 1
block, sixty (60) feet; thence at right angles I The application refers to the portion of I
Dawson Avenue North of Spruce Street.
Northerly One Hundred(100)feet;thence at
right angles Easterly Sixty Southerly One Hun- 1 Details of the application are available"for
On this 30th day of April, in the year of 1998, before me,a Notary dred(100)feet to the Southeast corner of said ' review during regular business hours at McCall i
Public, personally appeared Leslie S. Freyer, known or identified to me to be Block,the place of Beginning. And City Hall,216 E.Park Street.
the person whose name subscribed to the within instrument and being b me The public is encouraged and invited to
p � g y attend the hearing and/or make written com-
first duly sworn, declared that the statements therein are true, and acknowl- ment prior to the hearing. Written comment
be addressed to:
edged to me that she executed the same. mayPlanning and Zoning Commission, P.O.
Box 986,McCall,ID 83638
Dated November 7, 1997
Andrew K. Locke, Planning & Zoning
v, I Administrator Itl1/13
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires:1999
1 't
G,ITE Lo���'lot� 1
_t- 1
��bra•
ToFij kt�cur
r
--
� — NORTH
7z VA (e9-k1Z
41 7-r
I c° �pp1
I# 1GLC-
bpvkr7'h PP�P�I
�b�o42�07„E.
I
SOr. 1
, r .
STAFF REPORT FOR CITY COUNCIL- JANUARY 8, 1998
VAC-97-1 - VACATE A PORTION OF DAwsoN AVENUE - SANDIN Ft DAVIs
The applicants, Tracy Freelon, Robin Davis &t Jeff Sandin, are asking the city to
vacate the easterlymost 20' of Dawson Avenue, north of Hemlock St. The Commission
recommended that the City Council vacate the requested portion of Dawson Avenue
with the following condition:
• Those receiving land grant a 10' snow storage - no build easement nearest
the new R/W line. (This would prevent property owners from building
fences closest to the street).
Granting the partial street vacation would add an additional 20' to the west boundary
of the Freelon, Davis, and Sandin properties. It would also result in a 60' wide
Dawson Avenue, with an approximate 80' turn around area at the end of the, street.
Existing Conditions
Currently, the Dawson Avenue R/W is 80' wide. The city standard for a local street is
60' wide. The actual traveled way of the street, which is gravel, is located entirely in
the west half of the R/W. The center line of the R/W.defines the east boundary of
the street.
Reason for Vacating
The primary reason for the application is that a portion of the Davis house is located
in the R/W, while most of the Freelon Cottage is located in the R/W. In actuality,
the Davis house is setback 35 feet from the traveled way, and the Freelon Cottage is
approximately 20 feet back.
The structures on the west side of Dawson Avenue are conforming, with the exception
of the Jackson house (12' setback). As per policy set by City Council, vacated streets
go '/z to each side, unless the property owners don't wish to accept any land (this is
also noted in IC 50-311, attached). Jackson and Dyrud have signed a letter stating
that they do not wish to accept land from the R/W vacation. Therefore, the proposal
to vacate only the easterlymost 20' of Dawson Avenue is appropriate.
Transportation Advisory Committee (TAC)
The TAC took up the matter at its November 12 and December 10 meetings. TAC
requested that those property owners receiving vacated land grant a 10' snow storage
- no build easement.
Public Comment
Dan Steiner, owner of property north of the three applicants (northernmost lot on
Block 26, McCall's First Addition) was concerned about dedicating land for a turn
around (which he will not have to do). As Mr. Steiner also owns lot 11 of Block 19
(across Dawson Avenue from the property where his house is) he indicated that he
would also like to apply to have the end portion of Dawson Avenue.
Staff Recommendation
MCC 3-21-220 (F) 6. requires that Cut-de-Sac streets have a turn-around R/W of at
Least 120 feet, and a paved area of at least 90 feet. This is primarily for emergency
vehicle access and snow removal purposes. Dawson Avenue was not designed with a
Cul-de-Sac, and is thus 80' wide at its terminus. Given this situation, the City should
strive to maintain enough R/W to build the best Cut-de-Sac possible, if the City
should decide to do so in the future.
The Commission recommended that the Council vacate the portion of Dawson
Avenue, as proposed. The Commission also noted that they would consider a similar
application by Mr. Steiner. However, if the Council vacates the street as proposed,
you will not be able to further vacate portions of Dawson Avenue because there will
be no room for a turn-around area. Though a turn-around area will not likely be built
in the near future, the City should carefully consider vacating land that it may later
need (to build the turn-around).
If the Council wishes to consider vacating the portion of the street in front of Mr.
Steiner's property, granting the proposed vacation will likely preclude your ability to
do so. If this is your wish, staff recommends that you not vacate the portion of
Dawson St. adjacent to the Sandin property. Vacating the portion adjacent to the
Freelon and Davis properties will have no effect on future vacations of Dawson
Avenue, and staff recommends approval.
If the Council does not wish to consider further vacations on this portion of Dawson
Avenue, staff recommends approval.
Andy Locke
PFtZ Administrator
January 2, 1998
Vicinit Map - Dawson Avenue Vacation - VAC-97- 1
.........................
...... ......
ST
�� D
� oa �
AOL ;,►
+ $K
lip
a��
_ - -
�� - -
� '
► � -
{ ; —
� I -
j � - -
_ � _ . , _ -
�:
i
w -
�. � �. !'
1?' ,
` ' f� ,Y' k
�� i.
{JII �
_ 1 �
I ' �;�=
� �� .
�� .�.F
_ .I � �.1
i � .
JI: _.,
�jl 1i
12/03/1996 22:16 2083367608 D L S PAGE 02
IN STEINER
1932 E.THREE$Ak5 DR-
MERIDIAN,IDAHO 83642
Phone 208-895-0942
Fax 208-895.0943
December 16. 1997
Mr.Andy Locke
P&Z Adtnimstrator
216 East Park Street
P.O.Box 986
M", Id 83638
Re: Street Vacation on P&Z agenda.
Dear Mr,Locke
We will be unable,to attond the Plntaning and Zoning Meeting tonight. Would you Please bring to the attention
o:the Conunimion [thy testimony at the last meeting. I also plan to apply for the street Vacation to Continue
to tin;end of the str cct behind my bouso at 1506 Davis Street which is the end of Dawson Street.
Thank you very much.
S�cexelw,
Daniel L. Steiner
Memorandum
To: City Planning Et Zoning Commission
From: Andy Locke, PFtZ Administrator
Date: December 11, 1997
Re: VAC-97-1 - Dawson Street Vacation update
At the public hearing of December 2, the Commission tabled the matter pending a ruling
by the Fire District as to whether the entire east 20' of the R/W could be vacated, and a
final report by the Transportation Advisory Committee.
Fire District
As noted in the attached letter, the Fire District would like the shortest street with the
widest turnaround possible. In other words, the answer to whether the entire east 20' of
R/W could be vacated is no, at least in the eyes of the District. They also indicate that
it would be acceptable to vacate the end of the street and move the turnaround closer
to Hemlock St.
Transportation Advisory Committee (TAC)
The TAC met on Wednesday evening, December 10, and thus written comment is not yet
available. The Committee determined that the Street could be vacated without
problems; provided a 20' snow storage easement could be held on the vacated portion of
the street. Essentially, the TAC does not believe that fences should be built in the 20'
closest to the R/W.
Dan Steiner (property owner at end of Dawson Ave)
I gave an application to Dan Steiner, and he presumably is beginning the Vacation
process.
WCALL FIRE DISTRICT,
FIRE & EMS
December 9, 1997
To: Andrew Locke
Community Planning Dept.
McCall City Hall
From: Mark A. Larson, Fire Marshal
McCall Fire Protection District
Re: Proposal for Abandonment
on Dawson Ave.
Andrew,
After reviewing your verbal proposals concerning options for the Dawson Street abandonment.
The option that results in the largest turnaround with the shortest street would be the most
preferred.
Respectfully Submitted,
Mark A.. Larson, Fire Marshal
McCall Fire Protection District
300 East Park Street • P.O. Box 1597 • McCall, Idaho 83638 (208) 634-7070 • FAX (208) 634-5360
Idaho Statute Search http://www.idwr.state.id.us/cgi-bin/idsthold?sctid=50-311
Idaho Statutes
The Idaho Code is made available on the Internet by the Idaho Legislature as a public service.
This Internet version of the Idaho Code may not be used for commercial purposes,nor may this
database be published or repackaged for commercial sale without express written permission.
Available References: Explanation of Score I Search Instructions.
TITLE 50
MUNICIPAL CORPORATIONS
CHAPTER 3
POWERS
50-311. CREATION -- VACATION OF STREETS -- EMINENT DOMAIN -- REVERSION OF
VACATED STREETS. Cities are empowered to: create, open, widen or extend any
street, avenue, alley or lane, annul, vacate or discontinue the same
whenever deemed expedient for the public good; to take private property for
such purposes when deemed necessary, or for the purpose of giving right of
way or other privileges to railroad companies, or for the purpose of
erecting malls or commons; provided, however, that in all cases the city
shall make adequate compensation therefor to the person or persons whose
property shall be taken or injured thereby. The taking of property shall be
as provided in title 7, chapter 7, Idaho Code. The amount of damages
resulting from the vacation of any street, avenue, alley or lane shall be
determined, under such terms and conditions as may be provided by the city
council. Provided further that whenever any street, avenue, alley or lane
shall be vacated, the same shall revert to the owner of the adjacent real
estate, one-half (1/2) on each side thereof, or as the city council deems
in the best interests of the adjoining properties, but the right of way,
easements and franchise rights of any lot owner or public utility shall not
be impaired thereby. In cities of fifty thousand (50, 000) population or ,
more in which a dedicated alley has not been used as an alley for a period
of fifty (50) years [such alley] shall revert to the owner of the adjacent
real estate, one-half (1/2) on each side thereof, by operation of the law,
but the existing rights of way, easements and franchise rights of any lot
owner or public utility shall not be impaired thereby.
The Idaho Code is the property of the state of Idaho, and is copyrighted by Idaho law, I.C. §9-350. According to Idaho law, any person who
reproduces or distributes the Idaho Code for commercial purposes in violation of the provisions of this statute shall be deemed to be an
infringer of the state of Idaho's copyright.
1 of 1 10/23/97 12:01 PM
Russell Surveying, Inc.
P.O.Box 945 — 702 W. Lakeside
McCall, Idaho 83638
(208) 634-7607
Steve & Tracy Freelon July 21 , 1992
611 Hemlock
McCall , Idaho 83638
634-2919
INVOICE
Steve & Tracy,
We have, completed the field survey, and are completing the Record of
Survey of your Parcels in Block 26 of. the McCall First Edition. Please
find attached a blueprint copy of the Record of Survey, which we will
complete and file , soon.
The amount owed us as per our verbal estimate is _$500. 00 and can
be mailed to the above address.
I wish you the best of luck in resolving the street encroachment
issue, and if . I can be of, some help, let me know. I have taken the liberty
of showing the positions of your main structures , the fences North of you,
and the centerline of Dawson ,Street in anticipation of your applying for a
vacation of same, to the centerline.
Thanks for the work,
Sincerel ,
,John Russel L.S. 6021
P.O.Box 926
201 Lenora Street
McCall, ID 83638
CITIZENS �®
communications
December 1, 1997
City of McCall
Andy Locke
P.O.Box 1065
McCall,ID 83638
RE: Vacation of Right of Way,Dawson Street
Dear Mr.Locke:
In response to your inquiry, this letter is to confirm that Citizens Communications is willing to vacate the
proposed 20 foot section of Right of Way on Dawson Street, as indicated on the map provided by Green
Studios. There are existing service drops crossing that easement providing service to the residences;those
drops would remain,and access for possible future replacement may be necessary.
If you have any questions,please call me at(208)634-6114. Thank you.
Sincerely,
ii
Kerry J. Olsen
OSP Engineer
6300 3/97
TO: David Kalange
RE: Dawson Street Realignment
Idaho Power Co. has no objections to the plan to vacate a strip on the East side of Dawson St.
However, we will require the City of McCall to sign a power line easement to cover any lines
existing within the said strip. Any future relocation of lines within the strip would be done at the
new land owners expense.
If you have any questions,please call me at 634-7920 or write to P.O. Box 904, McCall, ID
83638.
Sincerely,
�GL Y G l�reG�� Dj � ��'G�-��iu�•-L_
Karl L. Peck
Area Team Leader
STAFF REPORT- DECEMBER 2, 1997
VAC-97-1 - VACATE A PORTION OF DAWSON AVENUE- SANDIN Ft DAVIS
The applicants, Robin Davis Ft Jeff Sandin, are asking the city to vacate the
easterlymost 20' of Dawson Avenue, north of Hemlock St. The Commission must make
a recommendation to City Council pursuant to MCC 3-21-310.
The street in question divides Zone A from Zone B (B to the west, A to the east).
Existing Conditions
Currently, the Dawson Avenue R/W is 80' wide. The city standard for a local street is
60' wide. The actual traveled way of the street, which is gravel, is located entirely in
the west half of the R/W. The center line of the R/W defines the east boundary of
the street.
Reason for Vacating
The primary reason for the application is that a portion of the Davis house is located
in the R/W, while most of the Freelon Cottage is located in the R/W. In actuality,
the Davis house is setback 35 feet from the traveled way, and the Freelon Cottage is
approximately 20 feet back.
The structures on the west side of Dawson Avenue are conforming, with the exception
of the Jackson house (12' setback). As per policy set by City Council, vacated streets
go '/2 to each side, unless the property owners don't wish to accept any land (this is
also noted in IC 50-311, attached). Jackson and Dyrud have signed a letter stating
that they,do not wish to accept land from the R/W vacation. Therefore, the proposal
to vacate only the easterlymost 20' of Dawson Avenue is appropriate.
Cul-de-Sac
As shown on the application, the vacation would leave an 80' turn about at the north
end of Dawson Avenue. However, the fire department requires a 96' turning radius.
Therefore, a turning radius of 96' should be maintained, where possible (we don't
need to acquire land from adjacent properties to reach the 96' radius, as it is highly
unlikely that a cul-de-sac will actually be built).
Utilities
The applicants have been directed to submit letters stating that there are no utilities
in the R/W, and that no future installations are contemplated. Alternatively, the
utility company may require an easement for access. Based on the location of the
telephone/power pole (approximately in the center of R/W), it is unlikely that there
are any utilities in the proposed vacation area. No water or sewer services are
Located in the vacation area.
Transportation Advisory Committee (TAC)
The TAC took up the matter at its November 12 meeting. TAC had questions as to
whether the City could condition the vacation upon the recipients paying for creation
of the cul-de-sac (which we cannot), and wanted to double check utility locations
and actual roadway location. The TAC tabled the matter to their December 10
meeting, there is no final recommendation. However, the PEE Commission can
request that their recommendation be augmented with that of the TAC.
Public Comment
have fielded approximately 3 telephone inquiries into the vacation, mostly
wondering where it is located. None wished to submit formal comment. The
property owner at the northernmost end of Dawson Avenue, Lot 11 and the
Northwestern most parcel, visited with me on November 20. He was interested in
moving the turn about area approximately 45 feet to the south, allowing him to
connect lot 11 with his primary property. He contacted the applicants and the status
is unknown. At this point, the applicants wish to proceed as planned.
Staff Recommendation
The city has no need for an 80' R/W on Dawson Avenue. Further, because the
properties to the east encroach on the R/W, it is logical to vacate the easterlymost
20' of the R/W as opposed to 10' from each side.
Whether to shift the cul-de-sac 45' to the south is less clear. The property north of
Dawson Avenue has legal access from Davis Street and therefore does not need to
front on Dawson Avenue. This makes it possible to shift the cul-de-sac south and
vacate the dead end. However, Sandin, who is the co-applicant, realizes no benefit
from the vacation. This will also result in an odd shaped lot to the north of the new
cul-de-sac area.
Staff recommends that the city vacate the easterlymost 20' in front of the Freelon
and Davis properties. I have no recommendation regarding where the cul-de-sac
should be located. Both locations are logical and sufficient. If the cul-de-sac
remains where it is proposed, the Sandin's gain the extra room for any changes to
their house. If it is moved to the south, the city adds a greater amount of property to
the tax rolls, and has less road to plow (though the roadway is unlikely to change).
Andy Locke
Pitt Administrator
Z o 6 k.
TRANSPORTATION ADVISORY COMMITTEE
MINUTES
November 12, 1997
ATTENDING: Jim Arp, Acting Chair
Troy Campbell
Duane Smith
Ted Whiteman
STAFF: Jackie Fields
Bill Keating
I. CALL TO ORDER
The Chair called the meeting to order at 7:00 p.m. and declared a
quorum present. The Chair commented that Duane Smith's presence
indicated that he had accepted the appointment. Smith agreed. Arp
provided some explanation for the Committee's policy of City Council
appointment of members.
II. MINUTES
Whiteman moved to approve the minutes of the October 8, 1997.
Campbell seconded. The motion was unanimously approved.
III. OLD BUSINESS
Review of the Bike Path Master Plan modifications
The Committee discussed the Bike Path Master Plan and made some
revisions. The Committee does not believe that all bike paths should be
exclusively non-motorized. Smith indicated a desire to review the revisions.
After this review, staff will return the Bike Path Master Plan to the Parks and
Recreation Advisory Committee.
Deinhard Lane discussion
The lack of a bike path was discussed by the Committee. Staff indicated
that grants may be pursued to construct a bike path in Deinhard Lane in
the area of the relocation. Whiteman commented that he believed the
curves should have been super-elevated and is concerned. Smith
agreed.
IV. NEW BUSINESS
Dawson Street-aa6at an
The Committee discussed the vacation at length. Development of the
cul-de-sac, provision of snow storage and utility location was addressed.
The water and sewer plans do not indicate municipal utilities in the right-
of-way. Whiteman asserted that he wanted to double-check the sewer
CAMy Documents\Transportation_minutes\97-11-12.doc
NEW BUSINESS (continued)
Dawson Street Vacation
locations. Keating indicated he wanted to double-check the realized
road width. The Committee requested Ted Burton provide an opinion on
whether the parties receiving vacated right-of-way could be assessed for
the development of the cul-de-sac. Smith moved to table the discussion
until the next meeting. Campbell seconded and the vote was
unanimous.
Urban Renewal Road
The Committee discussed the closure of the newly constructed road.
Smith commented that the contractor should protect all appurtenances
during the road closure. The Committee concurred. With that
understanding, Smith moved to.support the road closure. Whiteman
seconded and the motion was unanimously approved.
The name of this newly constructed road was discussed. The road is
directly aligned with Lenora and Railroad Ave also exists south of Park
Street. The Committee, after some discussion, indicated they wanted to
see street naming proposals with staff analysis of the impact on other
street names. The Committee tabled discussion of the new road name
until staff's analysis was presented.
V. OTH ER
Smith indicated that the Committee should be heavily involved in the
Deinhard Lane Extension project. Some discussion of snowmobiles and
bike paths occurred.
VI. ADJOURNMENT
Whiteman moved to adjourn at approximately 8:30 p.m. Campbell
seconded and the motion was unanimously approved. The next meeting
was set for December 10,1997.
Submitted by: Attest:
Jim Arp, Acting Chair Jackie DeClue, City Engineer
C:\My Documents\Transportation_minutes\97-11-12.doc
GT IC
coni
"oE
arc,
m
►ooul C,
st�l
LO
-
r
ulz
°°
CJ
lb bo
40.
Application for Vacation of Plat,
Portion Thereof or
Public Right-of-Way
pav d KalanvfU f itncb -g-
Applicant Name date_LJ QI/q
Mailing Address 133e32-S
Description of Requested Vacation I Y►� ��St �,� `�]Dfl ti� l .
5 anaivl 12rxPA-eS -Thi5 WDLAA Eet6 -OP,
Reason for Request �,•® � • f5 e)(C•255OPW W ' �r •' vp-, CUrI(fl.✓GC tY'P' .
�•d.l� IS iNi u W5 - P-eY)(fA I n L 0 n f Ilk
POPW-+� we �1dv� 1 rd sh► kse,b -Ev, hoos, 15 bolit
tto h th Following: near �We"Pr �n IM a(O (AvI not ' ��G�PG� �
1. A written narrative sQULt t `a 2O S b�Gk 1� s`f y,
IF -O.W .
2. A complete legal description
3. An 8 1/2 X 11 site location map of requested vacation area and
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
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
-rao Z-1 � 2b
1` c�2S�►���i o'er o ��(o�n o �n�i-� (8 2h�5 # 2�p
David Kalange Architect
P.O. Box 542 McCall , Idaho
(208) 634-2381 83638
On behalf of property owners Robin Davis, Jeff& Sandra Sandin and
Tracy Freelon, I would would like to petition the City of McCall to vacate the
east 20 foot portion of the public right of way known as Dawson Avenue.
Dawson Avenue currently has an 80 foot right of way from Hemlock Street
north approximately 300 feet to a dead end on a privately owned property.
The roadway of Dawson Avenue is a 25 to 30 foot gravel street starting near
the centerline of the 80 foot right of way and extending to the west away
from the properties in question. On the Freelon property a small cabin
straddles the property line and sits approximately 75 % in the right of way.
The Davis property currently makes use of the first 35 feet of right of way as
a fenced yard with an electric power pole near the centerline of the R.O.W.
The Sandin property (currently with abandoned house) also has fenced the
first 35 feet of the street right of way in question.
Dawson Avenue currently services only six properties with a 80 foot
wide right of way, while Davis Avenue to the east with very heavy traffic has
only a 50 foot R.O.W. There is also some question in regards to the location
of Davis Avenue in relation to the eastern edge of the Government lot lines.
The properties between Davis and Dawson seem to be missing +/- 10 feet.
Thank you for your consideration.
Dmmomn
We the neighbors and property owners along Dawson Avenue support
the need of vacating the east 20 foot portion of the public right of way
known as Dawson Avenue.
We understand this would leave a 60 foot right of way for the street
with an 80 foot turn-about at the northern dead end and that it would
continue to be owned and maintined by the City of McCall.
We have studied the site plan prepared by David Kalange of Green
Studio Architecture reguarding the present situation and the proposed
street vacation.
McCALL
COMMUNITY DEVELOPMENT
November 6, 1997
This notice is sent to you as an affected property owner within 300
feet of the attached application for a Partial Vacation of a Public
Right-of-Way. 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,
�ndrewi—ocke
Planning Et Zoning Administrator
216 East Park Street 0 P.O. Box 986 McCall, Idaho 83638 • (208) 634-7142 FAX (208) 634-3038
NOTICE OF PUBLIC HEARING
CITY OF MCCALL
PLANNING & ZONING COMNIISSION
The City of McCall Planning and Zoning Commission will hold a public hearing on Tuesday,
December 2, 1997 at 7:15 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 Robin Davis&
Jeff and Sandra Sandin, for a partial vacation of a platted right-of-way pursuant to MCC-3-21-
310. More particularly, to vacate 20' of Dawson Avenue north of Hemlock Street.
The properties with respect to which this application was made is:
Beginning at the SW corner of Block of the 26, First Addition to the Village of McCall, Idaho;
measure East 40 feet;thence in northerly direction 100 feet;thence more or less to point of
beginning.
And
Beginning at the Southeast corner of Fractional Block 26,McCall's First Addition to the Village
of McCall, Valley county, Idaho, thence Westerly along the South boundary line of said block,
sixty(60)feet;thence at right angles Northerly One Hundred (100) feet;thence at right angles
Easterly Sixty Southerly One Hundred(100) feet to the Southeast corner of said Block, the place
of Beginning.
And
A portion of Block 26 of McCall's First Addition, according to the official plat thereof, on file
and of record in the office of the Recorder, Valley County, Idaho, in Book 1 of Plats, at Page 28,
more particularly described as beginning at a point on the East boundary line of Fractional Block
26, said McCall's first Addition to the Village of McCall, Valley County, Idaho, 60 feet South
from the Northeast corner of said Block 26, thence Westerly and parallel with the North boundary
line of said Block 26 a distance of 90 feet, more or less,to the West boundary line Southerly 80
feet;thence Easterly parallel with the North boundary line of said Block 26, 90 feet, more or less,
to the East boundary line of said Block 26;thence Northerly along said East boundary line 80 feet
to the point of beginning.
And
That part of fractional Block 26 of The First Addition to the Townsite of McCall, Valley County,
Idaho, described as follows: Beginning 100 feet Northerly from the SE corner of said Block 26;
thence measure 60 feet in a Northerly direction; thence West 100 feet to a point; thence South 60
feet to a point;thence East to the Point of Beginning.
The application refers to the portion of Dawson Avenue North of Spruce 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 November 7, 1997
Andrew K. Locke
Planning&Zoning Administrator
Candace Anderson Judith Madden Dairymen's Creamery Assoc.
P.O. Box 4338 P.O. Box 327 c/o Dairygold, Inc.
McCall, Id• 83638 McCall, Id 83638 Seattle, WA 981-19
Scott and Kim Goodman Brent & Cheryl Patrick J.B. & Goldie Ogburn
P.O. Box 1715 P.O. Box 168 310 S.E. 2nd Avenue
McCall, Id 83638 Lakefork, Id 83635 Ontario, Or 97914
Gordon & Debra Coler Charles Eugene& Joan Garner Frank& Suzanne Bosch
P.O. Box 4357 P.O. Box 1346 1130 Solitude Way (SR 30544)
McCall, Id 83638 McCall, Id 83638 Fairbanks, AK 99709
Randy & Patricia Hickman Daniel Steiner Beverly Jane Dyrud
P.O. Box 128& 1932 E. Three Bars Drive P.O. Box 667
McCall, Id 83638 Meridian, Id 83642 McCall, Id 83638
George & Kathleen Jackson Steve &Tracey Freelon Robin Davis
P.O. Box 1144 P.O. Box 4035 305 E. Park St. Suite 183
McCall, Id 83638 McCall, Id 83638 McCall, Id 83638
Jeff& Sandra Sandin Joseph Stadler Ronald & Judy Hutt
6120 Clara Street 9700 Brookside Lane 9070 Brookside Lane
Bell Gardens, Ca 90201 Boise, Id 83703 Boise, Id 83703
Michael & Mary Kiely Mark & Corinne Samson Craig & Linda Goring
P.O. Box 628 27 Claymore Road #8-70-03 620 Warbass Way
McCall, Id 83638 Singapore 229544 Friday Harbor, WA 98250
Kethleen.Stewart & Christine
Polly Larkin Harold Loveless Haley
P.O. Box 1457 2801 Crescent Rim Drive 607 Marie Court
McCall, Id 83638 Boise, Id 83706 Caldwell, Id 83605
John & Dorthy Dehlin Diana Kretschmer Thomas Dennis Donald.& Gail Evans
P.O. Box 152 P.O. Box 1963 P.O. Box 1304
McCall, Id 83638 McCall, Id 83638 McCall, Id 83638
Edythe Patterson Carolyn Sue Van Harpen Susan Goodwell — Pulsen
P.O. Box 1295 P.O. Box 4351 P.O. Box 600
flArf`all Iri RR�'�R 11Ar(:all Ir-i RRF,RR 11MC'all Iri R�R�R
I
Les Ankeman,
Valley County Engineer Idaho Dept. of Fish & Game Valley County Assessor's Office
58
P.O. Box 737 Cascade, 555 Deinhard Lane P.O. Box 7
ID 83611 McCall, ID 83638 Cascade, IDD
83611
Payette Lakes
Water and Sewer District McCall Memorial Hospital U.S. Forest Service
P.O. Box 1566 P.O. Box 906 P.O. Box 1026
McCall, ID 83638 McCall, ID 83638 McCall, ID 83638
Valley County Ambulance/McCall McCall Cemetary District
SITPA P.O. Box 1227 c/o Tom Kerr
555 Deinhard Lane McCall, ID 83638 P.O. Box-853
McCall, ID 83638 McCall, ID 83638
Idaho Department of Lands McCall Rural Fire District McCall School District
555 Deinhard Lane P.O. Box 1597 P.O. Box 944
McCall, ID 83638 McCall, ID 83638 McCall, ID 83638
Leroy Meyer David Eaton - Mike-Stuart
District 3 Engineer KMCL Long Valley Advocate
Idaho Transportation Dept. P.O. Box 813 112 Main Street
Box 8028 McCall, ID 83638 Cascade, ID 83611
Boise, ID 83707-2028
UP
Re,till,
,i
a., S
p. T-4672 YJ I q J
WARRANTY DEED '
t
For Value Received Charles E. Chapman and Carol L. Chapman, husband and wife r }
Hereinafter he Grantor, hereby grants, bargains, sells and conveys unto Steve Freelon and
Tracy . Freelon, sband and wife, P.O. Box General Delivery, McCall, ID 83638
r� Hereinafter called the Grantee, the following described premises situated in Valley County, Idaho, s
1 '+ to-wit:
t, PARCEL I:
f to
�3< Beginning at the SW corner of Block 26, First Addition to-the-Village of McCall; Idaho;,measure-East
V7 (40 feet; thence in northerly direction 100 feet; thence in a westerly--direction-40•feet;-thence in
. _—southerly direction 100 feet more or-less-to point-of-beginning.--1
PARCEL II
Beginning at the Southeast corner of-Fractional-Block-2 S..McCall's First Addition io the-Village-,of
j' McCall, Valley County, Idaho,thence Westerly along the Southboundary line of said block,:sixty._(B0) '
feet;-thence-at-right_angles-Northerly One Hundred (100) feet; thence at right angles Easterly Sixty
(60)-feet,-more or less to the,East-boundary-lin_e of said-Block;-ttierice along the East-boundary-line
Southerly One Hundred (100) feet to the Southeast corner of-said Block, the—place—of Beginning. ` "
Subject to current year's taxes, irrigation district assessments, public utility easements, subdivision }dh
restrictions and U.S. Patent reservations.
TO HAVE AND TO HOLD, the said remises, with their a "ON
P appurtenances unto the said Grantee
f and to the Grantee's heirs and assigns forever. And the Grantor does hereby covenant to and with w
iIRV the said Grantee, that the Grantor is the owner in fee simple of said premises;that they are free from ,,
all encumbrances except as above described and that Grantor will warrant and defend the same from ,
k ' all lawful claims whatsoever.
Sz£::.
Dated: August 23, 1991 =''t
r -5 ;u
C' l
1
Charles E. Chapman Carol L. Chapman � ^•,-
STATE OF4
S..
SRI
COUNTY OFVO Q ,
:. g 4
1 F`s
7wi , On this day of 19�[before me, C r rl �Cf n personally appeared
4' known or identified to me to be he person(s) whose name /t='�I 1
.:: cS-4..,: ,
t+,•4, subscribed to the within instrument, and acknowledged to me that executed the s e. . `�- •
F 'pyS ti. _i.k.. g.
s�
otary ublic State d
' .ISEALI RBSiding at: �r }
Commission
MEMO
,- r, �, .. .�'"'" ..���� �� �`a`i3 �F�%z�a�zv t{y�•s�Y,x3���', �t�'F� �� �s�,'' � '''y��'S r -` +�
• .. "�` � t�n� - - i;�;. 6����.,III ,,
I III
i 4
M1
4
t4s; -: F9Yr
• TRUSTEE'S DEED
Flrst American Title Company of Idaho,Inc.,An Idaho Corporation(herein called Trustee)As succoaMr lrusleA under
the Deed of Trust herelraRor parll"timly described, does hereby Bargain.Sell and Convey.wllhotA warranty. to
JEFFREY A SANDIN AND SANDRA J SANDIN,0120 CUM STREET,BELL GARDENS,C.90I (tiaein called
Grantee)all of the real property situated In the County of VALLEY,Stale of Idaho,described to 0201follo 0
\ SEE ATTACHED EXHIBIT A
This conveyance Is made 7
L7Tn-E,a ff
eY pursuant to[he powers conferred upon Trustee try Itve deaf of bust bstwuon BRENDA L
rson dealing with her sots and separate property, as Guano,,its, Truntoe hvetotn, fir,
JEFFREY AILNJ21WAND SANDRA J SANDIN,as benenclary,dared October 00,1992.recorded November s,1992,
as Instrument No. 192053, Mortgage Records Of Valley County, Idaho, and after the RdRllnwnt of the
ie sclned In said deed of trust nuthorizing thin convoynnm as follows: con(1111ons
(a)Default occurred In the obligations for wldch said dood of bust was given as security raid Ile Mnxrnclary made
demand upon the said buds,io sall said polxrrty pasuanl to the terns of sat(;dorsal of trust.
r.- Notice of DefnuR was recorded as Instrument No.219290,Mongnge necode of VALLEY County,Idaho and In the
Off of the Recorder of each other county In which live property dexdbed In amid deal of trust,or any pan ther t•ot,
Is situated;the rnitse of such default buing its sot forth In said notice of derail". Such default still exlsird at Ste little
mile.
(b)Alter recordation of sold Notice of Default,trustee gave notice of the time and place of the sale of sold property
by regiet(Oftenified mall,ratan receipt requested,by personal serAce upon the occupants of Wd real property sn(Vor
by posting In A conspicuous place an sold premises And by publishing In R newspaper of goneral circulation In each
of the cotxnles in which the property Is situated as more Rafy nppeAre In affidavits recorded at least 20 days pia to
date of onto as Instrument No.22OS22,Instrument No.220523.Instrument No.220524.Mortgnge fincords of VALLEY
;} County,Idaho.
(e) The Provisions,recitals and eomants of the Notice of Default referred to In paragraph (nJ supra grid of pve
Affidavits reforrod to In paragraph(b)suprn shnli be and there are hereby Incorporated heroin and 3 Pf ama(le an of the
pan hereof for All Purposes As though set forth herein Al length.
(d)All requirermOnts of taw rogardng the mailing,personal service posti;rg publication and rocording of notice of
default,and notice of sale and all other notices have been compiled with.
(a)Not less than 120 days elapsed between the giving of notice of sale by registered or cerlllled mall and the sale
of said property.
1
ff)Trustee,At lhe.lime And place of sale fixed by said noticb,At public Auction,in me poicel,struck oft to Otantoe,
being the highest bidder therefor,the proPorty herein described,for the sum of$42.747.11,sut>Iad hownver 10 NI prior
Irons and encumbrances. No person of corporation offered 10 take any Pan of mid propertyless than the whole thereof
for the amount of principal.Interest,Advances and costs.
' IN WITNESS WIIEREOF,The Trustee,pursuant to a resolution dice Board of Diredors has caused he cotpofale u
hems to be hereunto subeaibod by Its Assistnnt%Ace President,INA 14T11 day of NOVEMBER.1990.
r
FIRST AMERICAN TITLE COMPANY OF IDAHO,INC.,Trustee
B�
M Colo Asst. !b Resident
STATE OF IDAHO )
COUNTY OF ADA
On this 14TIf day of NOVEMBER. INN.before me,a Notary Pudic In mid for said Star*.puteorall Moline Cole.known to me to be the Assistant Vice Resident of the con y API»Nhe
Person who executed ate Instrument on behalf of said cot porntlan edg ex 10 me that such cent i the
executed the Barre, corporation,and ecknowlaclgrxl to rib that much oorpontlon
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day And yam In this cenl0cato
first above written.
Notary Pubik fa State`Idaho
�rt....n.tr..
neeld rig at A Ll,r'10.
.• P,eon
, Commission expires:
?rum O�AR Y 41
m co
N
4t PUbb 47 c
'•.,T�1TB 04
First American Title Company o1*jdaho
�... .. ..cur �. . . - .. .... ..... ,, _
. I
pp l�
t I
:k
's.11�1WW lI:JU 'L1'LUtlliJ9.1lUu lst AIILKr CAN
Ldj UU•L
Y
EXHIBIT"A"
LEGAL DESCRIPTION:
A-portion of Block 26 of MCCaII's First Addition„according la the official plat thereof,on
Mlle and of record in-the office-of the Recorder,Valley County,Idaho,in Book 1 of Plals, 1
at-Page-20,more particularly described as follows.
Beginning at a point on the Fast boundary line of Fractional Block 26,said McCall's First
Addition to the Village of McCall,Valley County, Idaho.60 feel South from the Nonheasl
corner of said Block 26,tlwmce Westerly and parallel with the North boundary line of
acrid Block 26 a distance of 90 feel,more or less,to the West boundary line of sa
B id
lock 26 and Dawson Avenue;thence along the West boundary line Southerly 80 feet;
thence-Easterly parallel_with.tho North boundary line of said Block 26,90 feel,more or
less,to the.East boundary line of said Block 26;thence-Northerly along said East
boundary lino 80 feel to the point of beginning.
L"
Vl
ril
!
3
m eC
CI rrJ
rV
C"
r9 -- ' I
rn 1j
cn
s
MI
U,/ /1997 16:32 20863,14405 FIRST AMEFICAt4 TITLE PAGE 09
r,
1276 CORPORATION
WARRANTY DEED
For Value Received Commericial Credit Corporation, a Maryland Corporation
a corporation duly organized an ader the laws of the State of Maryland, grantor, does hereby Grant,
Bargain, Sell and Convey unto obla Dar , an unmarried person, whose address is 305 E. Park St, Suite 183,
McCall, M 83638, grantee, the o escribed real estate, situated in Valley County, Idaho, to-wit:
'That'part-of-fractional'-Block-2-6-of-The-First-Addltlon to the Townslte of-McCall,-Valley-County,-Idaho --
Qcscribed as follows. Beginning 100 feet.Northerly from the SE corner.or-sold Block 26;-thence measure-60"feet
In-a Northerly-diFoctlon;_thence-West-100 feet"to-a-polnt;-thence-Soutb 60 feet to-a-point,-thence ist to-the
Point of'Beglnnlyd-.--,_ `
Subject to current year's taxes, irrigation district assessments, public utility easements, subdivision restrictions
and U.S. Patent reservations.
TO HAVE AND TO HOLD, the said premises, with their appurtenances unto the said Grantee and to the
Grantee's heirs and assigns forever. And the Grantor does hereby covenant to and with the said Grantee, that the
' Grantor is the owner in fee simple of said premises; that they are free from all encumbraoces except as above
;{ described and that Grantor will warrant and defend the same from all lawful claims whatsoever.
IN WITNESS WHEREOF, The Grantor, pursuant to a resolution of its Board of Directors has caused its
corporate name to he hereunto subscribed by its Vice•Presideat. °TI
n� ...
Dated: August 6, 1997 fA
Commcri redit C capon, a Maryland Corporation T'
M G, .
BY• •. .`c• � v r�
Ric and Harrel, Vice President
Z
--I W c• �� W .:j„
-iO�STATEOF W .r
COUNTY OF
On this ! day of�Ata_q.t1 , in the year 19 97 before me C�m`I�t �• L1 ,
a Notary Public personally appeared Richard Ilartel known or identified to me to be the Vice-President
corporation that executed this instrument or the person who executed the instrument on behalf of said
corporation, and acknowledged to me that such corporation executed the same. c'{
L�J
Notary Public State of I t� nk
;(SE.3L) Residing at:seta F. St ,t e 3 vd Fr V._LUywa
Comm. Expires:
yy :
}
David Kalange , Architect
P.O. Box 542 McCall , Idaho
(208) 63 -2381 83638
Property owners within 300' of R. Davis, J. Sandin & T. Freelon properties.
Candace Anderson
Box 4338
McCall, ID 83638
Judith Madden
Box 327
McCall, ID 83638
Dairymen's Creamery Assoc
c/o Dairygold, Inc.
Box 79007
Seattle, WA. 98119
Scott & Kim Goodman
Box 1715
McCall, ID 83638
Brent & Cheryl Patrick *check deseased?
Box 168
Lakefork, ID 83635
J.B. & Goldie Ogburn
310 S.E. 2nd Ave
Ontario, OR 97914
Gordon & Debra Coler
Box 4357
McCall, ID 83638
Charles Eugene & Joan Garner
Box 1346
McCall, ID 83638
Frank & Suzanne Bosch
1130 Solitude Way (SR 30544)
Ski Boot Hill Rd.
Fairbanks, AK 99709
Randy & Patricia Hickman
Box 1286
McCall, ID 83638
s
Daniel Steiner
1932 E. Three Bars Drive
Meridian, ID 83642
Beverly Jane Dyrud
Box 667,
McCall, ID 83638
George & Kathleen Jackson
Box 1144
McCall, ID 83638
Steve & Tracey Freelon
Box 4035
McCall, ID 83638
Robin Davis
-BON3v� E. PAr�, _-eeb .3uh, lb-5 cpro �5 1A oPVeSbav
McCall ID 83638 ` IJ
Jeff & Sandra Sandin
6120 Clara Street
Bell Gardens, CA 90201
Joseph Stadler
9700 Brookside Lane
Boise, ID 83703
Ronald & Judy Hutt
9070 Brookside
Boise, Id 83703
Michael & Mary Kiely
Box 628
McCall, ID 83638
Mark & Corinne Samson
27 Claymore Rd #8-07-03
Singapore 229544
Craig & Linda Goring
620.Warbass Way
Friday Harbor, WA 98250
Polly Larkin
Box 1457
McCall, ID 83638
w �
4
Harold Loveless
2801 Crescent Rim Drive
Boise, ID 83706
Kathleen Stewart & Christine Haley
607 Marie Court
Caldwell, ID 83605
John & Dorthy Dehlin
Box 152
McCall, ID 83638
Diana Kretschmer Thomas
Box 1963
McCall, ID 83638
Dennis Donald & Gail Evans
Box 1304
McCall, ID 83638
Edythe Patterson
Box 1295
McCall, ID 83638
Carolyn Sue Van Harpen
Box 4351
McCall, ID 83638
Susan Goodell- Poulsen
Box 600
McCall, ID 83638