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HomeMy Public PortalAbout1992.07.08 VAC - James and Mary Lou RushPUBLIC HEARING CHECKLIST Upon receipt of an application for a variance, special use permit, subdivision or any application which requires a public hearing, the following checklist should be completed. Schedule Hearing Write Public Hearing Notice 23D7,1!le/cia Mail to Adjoining Property Owners %- Notice to Star News 7/I-2) Send Bill For Mailing and Publication _"C<I`t__ Prepare Posting Notice Request Staff Report TITLE: S PeT C i ?)n DATE: ! Q APPLICA : _ f��y�p s /1 / I ADDRESS: L(.001 T ; r,,, 1 PHONE: 4°Ilign7C (-( 06 7 Exhibit # Description 1 4 I tr, ,kc) h \ pri a I de=n -i la coi ° 3 r-c7 my 5 del f rli o>ine, (r? f/(1IC c. . li to. ?4ir1 I S • c\7 rPrie70 chi h` ` l i nvzL ra,t1 4a, 1—irIcl-- AIOIC\ ...rz' (0a( t- n na S �etvi&v►T eN City of McCall OFFICE OF THE CLERK BOX 1065 McCALL, IDAHO 83638 APPLICATION FOR VACATION OF PLAT, PORTION THEREOF, PUBLIC RIGHT -OF -WAX EASEMENT 1. Applicant(s): Name James n. anri Mary T,nn Rush Address: 404 Timm St. 2. Description of requested vacation: vara1-Ann of Hi 1 1 st . of 160' running through property described by attached legal description 3. Reason for request: This section of Hill St. has never been and is not currently being used. Access to this street is virtually impossible because of topography of our property. 4. Attach a written narrative statement. 5. A complete legal description. 6. Attach a sketch map (8i X 14) of requested vacation area showing adjacent properties and the names and addresses of the adjoining owners of record. 7. Attach a letter from, or the signature on a petition'of, each owner of adjacent property stating: a) their approval of the proposed vacation, b) their willingness to share the costs, c) that they areawarethat vacated rights -of -way becomes part of the adjoining property subject to the rights -of -way or easements of utilities. 8. Attach a check made payable to: City of McCall, in the amount of $100.00 The applicant will be charged for all publishing costs and mailing of public notices to the property owners of record within 300 ft. 9. Return this applicat-ion complete with map and letters to the Zoning Administrator, McCall City Hall. McCALL PLANNINF u. DWING EXHIBIT I. _ .. RECEIVED 7,i r �� POLICY & PROCEDURE FOR APPROVAL OF VACATIONS OF PLATS, PORTIONS THEREOF, PUBLIC RIGHTS -OF -WAY OR EASEMENTS 1. Upon receipt of a request for vacation, an application form will be provided the applicant by the Building Department or the Administrator of the Planning and Zoning Commission. 2. The application will include: (two copies of each) a) a legal description of the property to be vacated, b) a reason for the vacation, c) a written narrative statement. d) a sketch map showing the property and names and addresses of owners of adjoining property. e) a letter from, or signatures on a petition of each owner of adjoining property.' f) a deposit in the amount of $100.00 in addition, publication of notices and hearings will be charged to the applicant. 3. Upon receipt of the application, the Secretary shall provide a receipt for the deposit and refer the application to the Administrator of the Planning and Zoning Commission., 4. The Administrator shall notify all utility companies involved, fire district, water district; sewer district, city (if vacation is within one mile of city limits) and any other interested party or governmental agency and request a reply within 15 days. 5. The Administrator shall inspect the vacation area on the ground. 6. The Administrator shall then place the application on the agenda of the next meeting of the Planning and Zoning Commission for their review. The applicant will be notified of this meeting and will be given the opportunity to present the proposal. 7. Within ten days after considering the application in a regular meeting, the Planning and Zoning Commission shall make a recommendation regarding the application to the McCall City Council and the applicant shall be notified of the action taken. 8. The City Council will consider the application at their next regular meeting along with the recommendation of the Planning and Zoning Commission and shall either: a) deny the application b) give public notice of the application as required by I.C. 50-1317 and hold a public hearing, after which the Board may either: 1) deny the application 2) approve the application 3) modify the application 9. Where public lands or rights -of -way or easements are vacated, the Council shall provide the adjoining property owners with a Quit Claim Deed for same. r Y We hereby request the vacation as described in the application above. ., Applicants: ' Co-applicants/or Petitioners: tp0rc0•Cif:.:1abd being a 'j,ar.t:•df . Lots eeland P i.t1dn ,bourit•YicId6ho;:;mv,r,e,:0,0010jlhrly iHettded as:fo11ow5: ";•, ' • 1. 4 Cpminenting at the'Nrjrthwest Cornerof Lot.3, B1cck 1, Geeland ::Addition to the city of McCall, Valley County, Idaho, as shown ,on the Official •`.Plat thereof. on .file in the Office of the Recorder of Valley Coun0/1 Idaho; :thence; along the easterly :'•right-of-way of State Highway 55; on' a curve to the left .whose radius .point bears 8. 83° 17' •46" E., 1105.92 feet, a delta angle of 2° 04' 55", and whose long chord bears S. 5° 39' 46" W., 40.19 feet;, thence, S. 89° 51' 00" E., 283.00 feet to the REAL POINT OF BEGINNING: Thence, S. 89° 51' 00" E., 369.45 feet to the east.erlY • boundary of said Lot 3 thence, N. 0° 39' 13" E., 40.00 feet to the corner common to Lots 2 and 3 of said Geeland Addition thence, continuing N. 0° 39' 13" E., 125.00 feet along the easterly boundary of said Lot- 2 thence, N. 89° 51' 00" W., 449.45 feet thence, S. 0° 39' 13" W., 20.00 feet thence, S. 89° 51'' 00" E., 80.00 feet thence, S. 0° 39' 00"r W., 145.00 feet to the Point of Beginning, containing'l.436 acres, more or less Bearings based on State Plane Grid Azimuth. Kerr Surveying Box 853 McCall, Idaho 83638 March 18, 1986 McCALL PLANNING & LONING • EXHIBIT RECEIVED _ 9 Z Mittel' 'Of;land being `a;'i ar.t:'.:df [:otg; .:and':3dcl"'1;'a; Q land dit'iisn tot iNfo11ows:°.City4'1. of Mct 11i Palley ,�ourit}► .Idaho.;::.mor ;Y%f�clilarly ;€iastribed as:.. i'. ":.• Commenting tit the'NOrthwe6t Cornet ,of:Lot.3, Block; 1; C eeland :Addition to the City of McCall, Valley County, Idaho, as shown :on the Official •;Plat thereof. on .file in the Office of the •.Recorder..of Valley County, Idaho; •:thence; along the easterly :;';right-of-way of State Highway 55; on.:a curve to the left .whose radius .point bears S. 830 17' .46 E., 1105.92 feet, a dalta angle of 2° 04' 56", and whose long chord bears S. 5° 39' 46" W., 40.19 feet;, thence, S. 89° 51' 00" E., 283.00 feet to the REAL POINT OF BEGINNING: Thence, S. 89° 51' 00" E., 369.45 feet to the easterly boundary of said Lot 3 thence, N. 0° 39' 13" E., 40.00 feet to the corner common to Lots 2 and 3 of said Geeland Addition thence, continuing N. 0° 39' 13" E., 125.00 feet along the easterly boundary of said Lot 2 thence, N. 89° 51' 00" W., 449.45 feet thence, S. 0° 39' 13" W., 20.00 feet thence, S. 89° 51" 00" E., 80.00 feet thence, S. 00 39' 00"A W., 145.00 feet to the Point of Beginning, containing 1.436 acres, more or less • Bearings based on State Plane Grid Azimuth. Kerr Surveying Box 853 McCall, Idaho 83638 March 18, 1986 NOTICE OF PUBLIC HEARING The City of McCall Planning public hearing on August thereafter as the matter may City Hall, 216 Park Street, the purpose of receiving concerning: and Zoning Commission will hold a 4, 1992 at 7:30 p.m. (or as soon in its turn be heard) at the McCall McCall, Idaho. The hearing is for testimony of interested persons An application submitted by James and Mary Lou Rush for a vacation of 160 feet of a public right-of-way. The real estate with respect to which this application was made is: A parcel of land being Geeland Addition, McCall, This property has or may have 404 Timm Street Date July 10, 1992 Sue Harley Planning and Zoning Clerk part of Lots 2 and 3, block 1 Idaho. the following more common address: JcCALL PLANNING & LB@�IMG EXHIBIT RECEIVED Vv\ �� 36 3 /et ? 2_ cPA'"-"-V7-)1CeAl a°0-1-L, R---4d4L- ae,,j1k- /7) / 6 v fp,ttl- WL . Q-?/ 6 et_ gcv,aA--v-e-et-A_ ,a_0,_02 cr) 44- 02,10, Ur- orL_-w ,4)/ b--e* . ct, 0-,,, d42„,A4_cAzit , c)(A tee. ,CAL u 4}cua__ McColl'. PLANNING & ZONING EXHIBIT RECEIVED The Star -News P.O. Box 9851000 First Street McCall, Idaho 83638.634-2123 City of McCall P.O. Box 1065 McCall, ID 83638 PAGE: 1 INVOICE NO.: 719 INVOICE DATE: 7/16/92 CUSTOMER ID: CMCAL TERMS: Net 30 ITEM / DESCRIPTION AMOUNT LEGAL -RUSH HEARING NticCALL PLANNING & ZONING EXHIBIT RECEIVED 17.01 SALES TAX 0.00 TOTAL INVOICE 17.01 Publisher's Affidavit of Publication STATE OF IDAHO .ss County of Valley I, Bobette S. Steffler, 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 - RUSH APPLICATION, 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 eriodsktirf publication, and was published in the newpap_eL ro• and not in a su•plem nt; and that publication of such notice -began Jul 1992 a-nd end- ulf 16, 1992. •scribed a d sworn b STATE OF IDA COUNTY OF VALLEY the 16th day of July, 1992. On this 16th day of July, in the year of 1992, before me, a Notary Public, personally appeared Bobette S. Steffler, 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 PUBLIC HEARING RUSH APPLICATION The City of McCall Planning and Zoning Commission will hold a public hearing on August 4,1992 at 7:30 p.m. (or itsas soon turn tberheaeafter athes may heard) at the McCall City Hall, 216 Park Street, McCall, Idaho. The hearing is for the purpose of receiv- ing testimony of interested persons con- cerning: An application submitted by James and Mary Lou Rush for a vacation of 160 feet of a public right-of-way. The real estate with respect to which this application was made is: A parcel of land being part of Lots 2 and 3, block 1, Geeland Addition, McCall, Idaho. This property has or may have the following more common address: 404 Timm Street. Dated July 10,-1992 Sue Harley' Planning and Zoning Clerk 1 t7/16 NOTICE OF PUBLIC HEARING The City of McCall Planning public hearing on August thereafter as the matter may City Hall, 216 Park Street, the purpose of receiving concerning: and Zoning Commission will hold a 4, 1992 at 7:30 p.m. (or as soon in its turn be heard) at the McCall McCall, Idaho. The hearing is for testimony of interested persons An application submitted by James and Mary Lou Rush for a vacation of 160 feet of a public right-of-way. The real estate with respect to which this application was made is: A parcel of land being Geeland Addition, McCall, This property has or may have 404 Timm Street Date July 10, 1992 Sue Harley Planning and Zoning Clerk part of Lots 2 and 3, block 1, Idaho. the following more common address: McCALI PLANNING ZONING EXHIBIT .---�..-- HECEIV I 7 City of McCall OFFICE OF THE CLERK BOX 1065 MCCALL, IDAHO 83638 STATEMENT OF CHARGES Date: 0/92- As required by Idaho State Code, I have had a Notice of Public Hearing published (Central Idaho Star News) and notified all surrounding ,Propert/y owners listed by you in your application for a 5�ree7— [47 c Jiccc\ As required by City of McCall Code, I am now submitting the following bill: /7(2- 0- Letters at $1.00 each Publishing fee from Star News t %3J Total due to City of McCall Hearing Date: q )( /92._. Please make payment to: City of McCall and mail to: P.O. Box 1065, McCall, ID 83638 Sincerely, City Administrator McCALL PLANNING & ZONING EXHIBIT l� RECEIVED 477(c v f,tirxr"J e ri 04, _Ay 1 rcD n ,•)?J s a k4.1 LI4 j_ J. 0 ) . 'Elhl , . 1 ..- - 1 Ili . .., . r - ; • . • 1 V ' •1 , I -c, i 7 i ' \ .00I 8 August 7, 1992 To Whom It May Concern: I support the vacation of Hill Road through the Rush property. Signed, c:4/AdAeb Sandra K. Turner City of McCall OFFICE OF THE CLERK BOX 1065 MCCALL, IDAHO 93638 APPLICATION FOR VACATION OF PLAT, PORTION THEREOF, PUBLIC RIGHT-OF-WAY EASEMENT 1. Applicant(s): Name Address: 404 Timm St. 2. Description of requested vacation: inn of ui1� St- of 160' runnin throw h ro ert described b attached le al descri tion s never 3. Reason for request: Thsection oAccess toSt. this streetbesn beingused. and is not currently easy virtuall impossible because of topography of our prop. 4. Attach a written narrative statement. 5. A complete legal description. 6. Attach a sketch map (8i X 14) of requested vacation area showing adjacent properties and the names and addresses of the adjoining owners of record. 7. Attach a letter from, or the signature on a petition, of, each owner of adjacent property stating: a) their approval of the proposed vacation, b) their willingness to share the costs, c) that they are aware that vacated rights -of -way becomes part of the adjoining property subject to the rights -of -way or easements of utilities. 8. Attach a check made payable to: City of McCall, in the amount of $100.00 The applicant will be thecharged ertyor all Owners of publishing record within 300 mailing of public notices to property ft. 9. Return this application complete with map and letters to the Zoning Administrator, McCall City Hall, NOTICE OF PUBLIC HEARING The City of McCall Planning public hearing on August thereafter as the matter may City Hall, 216 Park Street, the purpose of receiving concerning: and Zoning Commission will hold a 4, 1992 at 7:30 p.m. (or as soon in its turn be heard) at the McCall McCall, Idaho. The hearing is for testimony of interested persons An application submitted by James and Mary Lou Rush for vacation of 160 feet of a public right-of-way. a The real estate with respect to which this application was made is: A parcel of land being part of Lots 2 and 3, block 1 Geeland Addition, McCall, Idaho. This property has or may have the following more common address: 404 Timm Street Date July 10, 1992 Sue Harley Planning and Zoning Clerk f POLICY.& PROCEDURE FOR APPROVAL OF VACATIONS OF .. PLATS, PORTIONS THEREOF, PUBLIC RIGHTS -OF -WAY OR EASEMENTS 1. Upon receipt of a request for vacation, an application form will be provided the applicant by the Building Department or the Administrator of the Planning and Zoning Commission. 2. The application will include: (two copies of each) a) a legal description of the property to be vacated, b) a reason for the vacation, c) a written narrative statement. d) a sketch map showing the property and names and addresses of owners of .adjoining property. e) a letter from, or signatures on a petition of each owner of adjoining property. f) a deposit in the amount of $100.00 in addition, publication of notices and hearings will be charged to the applicant. 3. Upon receipt of the application, the Secretary shall provide a receipt for the deposit and refer the application to the Administrator of the Planning and Zoning Commission.. 4. The Administrator shall notify all utility companies involved, fire district, water district; sewer district, city (if vacation is within one mile of city limits) and any other interested party or governmental agency and request a reply within 15 days. 5. The Administrator shall inspect the vacation area on the ground. 6. The Administrator shall then place the application on the agenda of the next meeting of the Planning and Zoning Commission for their review. The applicant will be notified of this meeting and will be given the opportunity to present the proposal. • 7. Within ten days after considering the application in a regular meeting, the Planning and Zoning Commission shall make a recommendation regarding the application to the McCall City Council and the applicant shall be notified of the action taken. 8. The City Council will consider the application at their next regular meeting along with the recommendation of the Planning and Zoning Commission and shallleither: a) deny the application b) give public notice of the application as required by I.C. 50-1317 and hold a public hearing, after which the Board may either: 1) deny the application 2) approve the application 3) modify the application 9. Where public lands or rights -of -way or easements are vacated, the Council shall provide the adjoining property owners with a Quit Claim Deed for same. We hereby request the vacation as described in the application above. Applicants: Co-applicants/or Petitioners: August 4, 1992 TO: Planning and Zoning Commission FROM: Planning and Zoning Clerk RE: Street Vacation, Rush Application The application requests the vacation of the northern 160 feet of Hill Street. It's located immediately south of Timm, and east and parallel to Highway 55. It is an undeveloped portion of a deeded public right-of-way. If the property to the east and south of the proposed vacation were to be developed, it would be necessary for fire equipment, snow plows, etc. to have access to a through street. In talking to Larry Chalfant, he suggested that, if a loop street were provided, the dead-end or cul-de-sac would be alleviated. There appears to be a right-of-way running east and west that could create a portion of such a loop. However, it is unclear from the file maps whether or not the undeveloped Camp Street right-of-way (to the east) extends far enough north to connect, or whether the 40 foot right-of-way running east and west extends far enough to the east to connect to Camp Street. Mr. Chalfant recommends acquisition of property to develop a loop street. There is one letter in opposition on file, none in favor. GG� Sue Harley