HomeMy Public PortalAbout1990.02.09 VAC - Frost Street 815 Pinedale - Charley & Cindy TaberTITLE: I graf 7 f4 4 //L.i7r014
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City _of Mcca1
OFFICE OF THE CLERK
- BOX 1065.
MCCALL, IDAHO 83638
Charles & Cynthia Taber
P.O. Box 619
McCall, ID 83638
•
Dear Mr. & Mrs. Taber,
On June 28, 1990 the McCall City Council, at their regular
meeting, considered your street vacation request, the City
Planning & Zoning Commission's minutes of May 29, 1990
(enclosed) and the Commission's Findings of Facts and
Conclusions of Law dated June 18,1990 on this matter (also
enclosed). The Council determined not to hold a second
hearing on this matter by motion duly, seconded and
unanimously approved.
The council adopted the Commission's Findings of Fact and
Conclusions of. Law and hereby deny your request for vacation
of a portion of Frost Street.
If you have questions about this matter, please contact me.
Since ely,
AOMIF
rt ur J. Schmidt
City dministrator
City o f McCall
OFFICE OF THE CLERK
BOX 1065
MCCALL, IDAHO 83638
Charles & Cynthia Taber
Box 619
McCall, ID 83638
Dear Mr. & Mrs. Taber:
Attached you will find the Findings of Fact and Conclusions
of Law on the matter of your request to vacate a portion of
Frost Street. Also enclosed are the minutes of the May 29,
1990 Commission Meeting.
This matter will advance to the City Council .for disposition
on June 28. You may appeal this decision, pursuant to City
Code, Title 3, Chapter 24 (attached) in which case a hearing
before the Council will be scheduled.
Sin
Arthur Schmidt
City Ad inistrator
CITY PLANNING AND ZONING COMMISSION
MINUTES
MAY 29, 1990
ATTENDING:
Gary Ertter
Jim Staup
Tim Swanson
Bob Scoles
Rita Lyons
Bud Schmidt
1. U.S.F.S. Day Care Center: Staff reviewed the proposal which
involves unzoned land. City Code provides (3-20-2(F)) that:
"Public institutions and properties
such as State, County and local
agencies, which have not been
designated by a particular zone,
shall be subject to the regulations
and standards deemed by the Planning
Commission to be appropriate for the
particular uses involved. In
addition, all construction on these
properties shall meet the building
procedures and standards outlined in
Section 3-22-1 (Permits and
Applications, Building Permit) and
Title II, McCall City Code (Building
Regulations)."
After discussion, Staup moved to require the facility to meet
the Zone A regulations for development. Lyon seconded and
the motion carried.
The Commission then considered whether a day care facility
is, for this occupancy, a "compatible limited commercial use"
(Code Section 3-5-2(B)) and therefore a permitted use. The
adjacency to the M-D School, the improvement of traffic, the
non-residential character of the location, the less intensive
use compared to the former smokejumper base operation were
the facts discussed.
Staup moved to determine that the USFS day care installation
would be a "compatible limited commercial use", therefore a
permitted use not requiring a special use permit.
Scoles seconded and the motion carried.
Restrictions on the use were discussed. After discussion,
Swanson moved to address the following:
1) No restrictionson hours of operation
or outdoor activity;
2) Lighting must be screened from the adjacent
residential areas;
3) The facility must secure and maintain a State day
care license.
Lyons seconded and the motion carried unanimously.
2. Street Vacation Request: Charles and Cynthia Taber:
Mr. Ertter opened the hearing at 8:00 p.m. There were no
declarations. A staff report was made. Cynthia Taber, the
proponent, commented upon the matter noting the- location of
their home, privacy and convenience as the basis of the
request. Tom Kerr, representing the Transportation Committee
opposed the request, noting that the house set -back is
standard and that the Committee had seen no compelling reason
for the vacation. It was noted, if vacated, the entire
vacated parcel would attach to the Taber parcel.
The Chair closed the public hearing and returned the matter
to the Commission. After discussion, Lyons moved to deny the
request for vacation of a portion of Frost Street and
recommended such action to the City Council. Swanson
seconded and the motion carried unanimously.
The Commission discussed the facts including their judgment
that no special circumstances exist, that there are no
unusual conditions or circumstances of the land requiring
such vacation, and that granting the request would confer
special privileges not available to others and that no
hardship was demonstrated. The Commission concluded the
matter at 8:35 p.m.
3. Other Matters: A Motion to adjourn by Staup, seconded by
Lyons was defeated.
The Council's action to ask VALUED, INC. to develop the
Economic Development section of the Comprehensive Plan was
discussed. Other Council actions were reported.
Further Code review was discussed and the Rural Residential
issue was scheduled for Monday, June 4, 1990.
4. Adjourn: Swanson moved to adjourn, Scoles seconded and the
motion carried.
In the matter of the Application
by Charles & Cynthia Taber
for a street vacation
Findings of Fact and
Conclusions of Law
The matter of an application by Charles & Cynthia Taber of
815 Pinedale Street, P.O. Box 619, McCall, Idaho, for a
vacation of a portion of Frost Street, having been presented
to the City of McCall Planning and Zoning Commission,
hereinafter referred to as the commission, makes the
following Findings of Fact & Conclusions of Law.
FINDINGS OF FACT
Charles & Cynthia Taber, hereinafter referred to as the
applicant, submitted an application for a street vacation on
February 9, 1990 to vacate that portion of Frost Street lying
west of and adjoining the applicant's property. Their
ownership is particularly described as Lots 13 through 24,
Government Lot 3, Section 8, T18N, R3E, BM, City of McCall,
County of Valley, Idaho.
The subject street right of way lies immediately
west of Lot 13 and is 60' in width and 140' long,
commonly known as Frost Street. No improved
roadway has been developed on the property,
although the right-of-way is dedicated to the
public.
The application was received by the Commission and a hearing
was scheduled for May 29, 1990. Notice of the hearing was
published in the Central Idaho Star -News and the property was
posted with the notice of the hearing. On May 29, 1990 the
Commission convened and conducted the hearing at 7:30 p.m. at
the McCall City Hall, Council Chambers.
At the hearing, the Commission heard a staff report on the
issue, received information from the applicant, invited
comments and questions from the community in conformance with
the requirements of Title III, Chapter 24 of the McCall City
Code.
The staff report detailed the zoning, location, a
recommendation by the City's Transportation Advisory
Committee dated April 11, 1990 against the vacation. The
staff report recommended denial of the request based upon
considerations of the Transportation Committee.
1
proponent noted the location probable setback from Frost
Street, when developed, convenience and privacy as the basis
of application.
Opponents were invited to comment. Tom Kerr appeared
representing the Transportation Committee action. Mr. Kerr
advised that the setbacks represented as unusual were common
throughout the city and that there was no compelling reason
to vacate the street.
CONCLUSIONS OF LAW
Idaho Code 50-311 outlines the city's powers over streets and
lays out conditions for vacation of unutilized streets and
alleys. The criteria for determining the creation and/or the
vacation of streets seems to be the phase "deemed expedient
for the public good". The City Code is silent in the matter
of street vacations.
The Commission elected to use the same criteria referenced in
City Code 3-23-1 (A), the criteria for which a variance would
be issued. In that line they determined that:
1.) No hardship existed justifying the vacation;
2.) No special circumstances or conditions peculiar to
the land exist justifying the vacation;
3.) A vacation would grant special privileges unavailable
to other properties in the area.
A motion properly made, seconded unanimously approved
recommended denial of the variance request.
Based upon these Findings of Fact, this vacation would impede
the public good.
Therefore; the application for be and the same is hereby
recommended for denial for the reasons above stated.
Dated
day of 1990.
ary E ter, hairman
City .f McCall, Planning and Zoning Commission
2
McCALL PLANNING DEPARTMENT
STAFF REPORT
APPLICANT Char1Ps and Cynthia Taber
ADDRESS, IF OTHER THAN SITE P.O. Box 619, McCall
I. LOCATION/ADDRESS OF SUBJECT PARCEL (INCLUDING ST. NAME AND NUMBER)
815 Pinedale St.
SUBDIVISION/LOT/BLOCK NUMBERS
amrt Lot q, Section 8, T 18N.R3E, BM,
Lots 13 through 24, City of McCall, Valley Co. ID
CURRENT ZONING & RESTRICTIONS Zone A, Low Density Residential
COMPREHENSIVE PLAN DESIGNATION
Residential
PLANNING ISSUE(S)
Special Use Permit
PUD
ZONE CHANGE
VARIANCE
STREET Vacation X
II. PROPOSAL
Requect to vacate that portion of Frost Sr
adjoining the Taber parcel
III, MAPS
1. Area Map
2. Site Map (with all existing and proposed features)
3. Topographical map
4. Water, sewer and other relevant maps
IV. SITE CHARACTERISTICS: This section will identify how the parcel
is served with various public facilities and specific sites
characteristics:
Soils: n/a/
Topography:
n/a
Streets: The parcel fronts on Pinedale,
The proposed vacation lies West of the parcel and is undeveloped
Water Service:
Distance to Hydrant:
Sewer Service: n/a
Surface and Storm Water (floodplain, drainage, high and low water
of'Lakeshore issues) n/a
Fire Service Area:
x City of McCall
McCall Rural Fire Association
Member
Non-member
The following other public facilities are adjacent to this development
and
may have bearing on the request:
Hospital Maintenance Shops Airport
_Schools Golf Course Parks &•Playgrounds
V. STAFF•RECOMMENDATIONS:
Staff •Recommends
___x_Does not recommend
approval of this request
Subject to the following conditions
Without reservation
List recommended conditions:
1.
.2..
3.
Explain/Discuss reasons for conditions:
Trans= nrtati nn C.nmmi ttaa ra rjad.e rpd and x ecommend�d �a� astypcation
•nn April 11, 1AAn_ nna arljarant rrnPr opposes the vacati^n
A staff checklist and staff reports are attached.
Report by
Date
Arthur J. Schmidt
5-29-90
to P & Z. 5-2q-9n
VI. REVIEW BY CITY ADMINISTRATOR:
CITY OF IVOCALL
P.O. BOX 1065
MC CALL, IDAHO 83638
DATE 5r-- (6 //0 /]
RECEIVED FROM 0 - a , T
STREET NO.
C GENERAL FUND (01 ) $
( ) $
11 CITY LICENSES TYPE (01 ) $
& Z FEES (01. at730 ) $ 0Z5-9-
BUILDING PERMITS (01. ) $
I j POLICE (01. ) $
(01. ) $
I : DOG POUND (01. ) $
I GOLF (42. ) $
I.-' (08. ) $
I J LIBRARY (05. ) $
Ii AIRPORT (06. ) $
' STREETS (04. ) $
I WATER (40. ) $
TORT LIABILITY (.07 ) $
L1 SEWER (41. ) $
[ i CAPITOL IMPROVEMENT (71. ) $
E GRANTS ( ) $
❑ REFUNDS & REIMBURSEMENTS ( ) $
11 ( ) $
( ) $
( ) $
❑ OTHER RECEIPTS
CA CI y $S
5 1 RECEIVED BY C. ��G✓W `�
ASSOCIATED BUSINESS FORMS OF BOISE - 322-6729
CFIARLES W. TABER
CYNTHIA A. TABER
P 0 BOX 619 634-7695
MC CALL, ID 83638
1':ry to the Order of
SST
1 19 90 92-Vt241
V ,.
,$
V(,, Dollars •
�est One Bank, Idaho, N.A.
BANK Post Office Box 903
McCall, Idalio 83638
14n
1:b24 O.,OL91: LLOOL L279 011' 0440
City of McCall
OFFICE OF THE CLERK
BOX 1065
MCCALL, IDAHO 83638
DATE:
As required by Idaho State Code, I have had a Notice of
Public Hearing published (Central Idaho Star News) and
notified all surrounding property owners listed by you in
your application of said hearing.
As required by City of McCall Code, I am now submitting to
you the following bill:
PIO / Letters at $.48 each
if,81 Publishing fee from Star News
d 5.97 TOTAL due to City of McCall
This amount must be received PRIOR to the Public Hearing. If
it is not received, then the hearing will be cancelled .
Your hearing is scheduled for ,Mav 2 y1 /gym e 3o
Sincerely, C
Cynthi . Taber
Plannin and Zoning Clerk
J
1000 First Street '"" ":::` {'" Box 985•McCaII, Idaho, 83638.634-2123
INVOICE
May 11, 1990
City of McCaII
P.O. Box 1065
McCall, Idaho 83638
CHARGES
BALANCE
Notice of Public Hearing
Ran 5/10
CMCAL
G•�l w,;:r%"i!„`�`r.:;y:..:..;f,i`?:�s3'r'%%"r;:�'4'',`+r'rf,%%V'4,'`.:?r::
17.81
$17.81
ALL ACCOUNTS DUE AND PAYABLE WITHIN
A service charge of 1.8% per month (21.6
all past due accounts.
to
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 MEETING , 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 May 10, 1990
and ended May 10, 1990
Subscribed and sworn before me this the 11th day of May, 1990.
STATE OF IDAHO
COUNTY OF VALLEY
On this 11th day of May, in the year of 1990, 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.
l (
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires: 1993
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN that the
McCall Planning and Zoning Commission
will hold a Public Hearing on May 29,
1990 at 7:30 p.m. at McCall City Hall in
the City Council Chambers on the
following matter:
Request of Charles W. Taber for a
partial vacation of Frost Street.
The purpose of the partial Vacation
Request is to vacate that portion of Frost
Street that runs in front of the Taber parcel
in order to allow the construction of a
garage/shop.
Legal description:
A parcel of land situate'in Government
Lot 3, Section 8, T18N, R3E, BM, lots 13
through 24, , City of McCall, Valley
County, Idaho.
.More commonly known as: 815
Pinedale Street
NOTICE IS HEREBY GIVEN that all
interested persons. are invited to attend and
be heard at this meeting.
Dated this 10th day of May, 1990.
Cindy Taber, Planning and Zoning Clerk.
lt5/10
City of .McCall
OFFICE OF THE CLERK
BOX 1065
McCALL, IDAHO 83638
DATE : % i! &y 10) / T9,0
To Whom it May Concern:
The foregoing notice is sent to you for your information and
for use as a public service announcement pursuant to the
requirement of Section 67-6509 of the Idaho Code.
Sincere
Y►
Cynthia( . Taber
Plannin and Zoning Clerk
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN that the McCall Planning and
Zoning Commission will hold a Public Hearing on May 29, 1990
at 7:30 p.m. at McCall City Hall in the City Council Chambers
on the following matter:
Request of Charles W. Taber for a partial vacation of
Frost Street.
The purpose of the partial Vacation Request is to vacate
that portion of Frost Street that runs in front of the
Taber parcel in order to allow the construction of a
garage/shop.
Legal Description:
A parcel of land situate in Government Lot 3,
Section 8, T18N, R3E, BM, lots 13 through 24, City
of McCall, Valley County, Idaho.
More commonly known as: 815 Pinedale Street
NOTICE IS HEREBY GIVEN that all interested persons are
invited to attend and be heard at this meeting.
DATED this loth day of May, 1990.
Cindy Taber, Planning & Zoning Clerk
TRANSPORTATION ADVISORY COMMITTEE
MINUTES
April 11, 1990
Attending: Bill Kirk, Chairman
Eileen Hitchcock
Bud Schmidt
1. Minutes:
Tom Kerr
Dick Cowdery
Charles Taber
The minutes of the March 21, 1990 meeting were moved for
approval by Mr. Cowdery and seconded by Mr. Kerr. The
motion carried.
2. Highway 55 Strategy:
The Chair noted -that the Council has asked the Committee
to assume responsibility for the Highway 55 strategy
previously recommended. The Committee noted the
Department of Transportation's internal problems and
advised a delay to allow those issues to work out.
3. Parking:
After lengthy discussion and further review, Mr. Kerr
moved to withdraw the Committee recommendation on
diagonal parking on Lenora Street. Mr. Cowdery seconded
and the motion carried unanimously.
The Committee repeated its feeling that parking requires
special study and immediate attention by the City.
4. Charles Taber, Vacation of Frost Street:
After discussion and Committee review of the property
and consideration of several alternatives, Mr. Kerr
moved to recommend that Frost Street not be vacated.
Mr. Cowdery seconded and the motion carried.
5. Ground Transportation:
After discussion, the Committee declared itself ready to
assist in coordinating and promoting the ground
transportation issue as plans for commuter service
materialize.
Without further business, Mr. Kirk adjourned the meeting
until the call of the Chair.
Chairman
TRANSPORTATION ADVISORY COMMITTEE
MINUTES
February 28, 1990
Attending:
Bill Kirk, Chairman
Elaine Hitchcock
Tom Kerr
Dan Krahn
Burton Walker
Bud Schmidt
I. Walker Proposal:
Mr. Walker proposed an alternate routing of the Dienhard
Lane extension West of the river to the Boydstun
intersection. The committee took this suggestion
under advisement.
II. Vacation of Frost Street:
Charles and Cindy Taber appeared to discuss their
request for a partial vacation of Frost Street. The
Committee discussed the proposal, considered various
alternatives, and asked the Tabers to provide additional
information. The chair will reschedule the item when
that information is received.
III. Update of Transportation Plan:
The Committee began reviewing its 1986 Interim and Final
Reports as requested by the City Council.
The Committee reviewed and reaffirmed all of the
recommendations contained in the 1986 reports,
especially its recommendations regarding the development
of the railroad right-of-way as a major connector to
Lick Creek Road. In the even that is not achievable, a
routing along the right-of-way to Hemlock and Davis
would be acceptable. For planning purposes, the
abandoned right-of-way is the best street routing
alternate for the City's future needs. The
recommendations for extending Davis to Dienhard and
widening Davis Street are also reconfirmed.
Copies of the 1986 reports should be distributed to
Councilmen who may not have copies.
1
1
IV. Highway 55 Alternate:
Considerable discussion followed regarding a strategy to
ensure attention to the Highway 55 problems. The
Committee. recommends that the City:
1. Correspond monthly with the Transportation Board on
this matter.
2. Appear quarterly before the board.
3. Invite the new Board member for an on -site briefing
(Mr. Combo).
4. Videotape traffic conditions for presentation to
the Board.
V. Parking:
This matter was also referred to the Committee by the
Council. The Committee suggests that Lenore Street,
from 2nd to 3rd, be considered to change from parallel
to diagonal parking on at least one side (North) of the
street to mitigate some of the downtown parking problem.
The Committee discussed other elements of the parking
issue and concluded that the matter warrants an
immediate and comprehensive study and so recommends.
DATED: This .jam day of March, 1990.
Respectfully Submitted,
BILL KIRK
Chairman
2
Name of Applicant:
Public Hearing Date:
Publishing Date:
Letters of Notification:
Letter of Charges:
Charges Received:
CHECK LIST
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ROBERT L. EVERETT
1508 Deerwood St.
West Sacramento, CA 95691
916-371-7197
February 26, 1990
City of McCall
Planning & Zoning Commission
McCall, Idaho 83704
Gentlemen:
Re: Our lot Tax #140-C-1 in Government Lot 3
S8 T18 R3 (Attached is a copy of the legal
description of this lot
We have heard that a petition is being circulated by Fouch to
have the proposed road --called Frost St. or maybe Fourth Street --
eliminated as a the "proposed road". This prospective road would
run along the 153.5-foot East side of our above lot.
We feel that this proposed road is needed for access to our lot
and we want to be put on record as opposing any elimination of
this proposed road.
Yours very trul
,
V _
Robert L. Everett
Encs. Legal description
Plot
he following described tract (s) of land in Valley County, State of Idaho:
A parcel of land situa--d in the city of McCall,-._ho more particularly
described as follows:
beginning at the quarter corner common to sections 7 and 8, township
18 north, range 3 east, Boise Meridian, th S 0-00-40W, 1145'; th N 89-56-50E,
548.39' to a rebar set in concrete on the western right of way line of
Frost Street; th N 0-03-30 W. 153.50!,the real point o.f beginning; th N 0-03-3
153.50' along said right-of-way to a rebar; th S 89-57-30 W, 135'; th S
0-03-30 E 153.52'th N 89-56-50E, 135' to the real point of beginning, being
about .4757 acresmore or less.
Together with a non-exclusive right -of -use to a certain conditional easement
of record created by. Warranty Deed from Grantors predecessor in interest
to Grantor, namely that Warranty Deed from Ruth and Roland Hamell to
John and Roberta Russell recorded as Inst. No. , Valley County
Records, and
further subject to an easement consisting of a 15 foot strip of uniform
width running inside and abutting the entire breadth of the Southerly
boundary of the demised premises, and
further subject to a prior Deed of Trust of record from Grantor to Ruth
and Roland Hamell.
0
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PROPERTY OWNERS WITHIN 300' OF
TABER PROPERTY
Jerrold & Nancy Smith
520 Chaparro
Caldwell, ID 83605
Walt & Dorris Miller
Box 877
McCall, ID 83638
Leroy Johnson
Box 747
McCall, ID 83638
Gene & Tish Benedict
Box 1395
McCall, ID 83638
Kathleen Gurnsey
1111 W. Highland View
Boise, ID 83702
Dave Engen
Box 817
McCall, ID 83638
Roland Hamell
Box 250
McCall, ID 83638
Robert & Louise Everett
Box 1374
W. Sacramento, CA 95691
Anthony & Agnes Hieb
Box 479
McCall, ID 83638
Jon Seetin
5585 Marcliffe
Boise, ID 83704
Gladys Shelton
Box R
McCall, ID 83638
Ruth Hoyne
300 Morrison St., #646
Twin Falls, ID 83301
Charles Douglas & Fae Mairs
3523 Mountain View Dr.
Boise, ID 83704
Jeff Russel
Box 597
McCall, ID 83638
Gordon Fouch
HC 75, Box 3490
New Meadows, ID 83654
Roberta Hamell
Box 250
McCall, ID 83638
Leonard Rowland/Lorraine Jones
Alta Fairchild/Faye Fincher
C/O Box 809
McCall, ID 83638
DATE
CITY OF M _ :;ALL
P.O. BOX 1065
MC CALL, IDAHO 83638
V` /- 7o CA CKV $ as "v
RECEIVED FROM
STREET NO.
CT-
❑ GENERAL FUND (01. ) $
❑ ( )$
E CITY LICENSES TYPE
P & Z FEES (/ /atf U1�E-4
• BUILDING PERMITS
III POLICE
❑
(01. ) $
(011ci2 36 ) s)r. vU
(01. ) $
(01. $
(01. ) $
❑ DOG POUND (01. ) $
❑ GOLF (42. ) $
❑ RECREATION (08. ) $
❑ LIBRARY (05. ) $
❑ AIRPORT (06. ) $
❑ STREETS (04. ) $
❑ WATER (40. ) $
❑ TORT LIABILITY (.07 ) $
❑ SEWER (41. ) $
❑ CAPITOL IMPROVEMENT (71. ) $
❑ GRANTS ( ) $
❑ REFUNDS & REIMBURSEMENTS ( ) $
❑ (
❑ OTHER RECEIPTS (
( ) $
/C.)�� O 8 7 RECEIVED BY
L✓ ASSOC' ED BUSINESS FORMS BOISE - 372-0729
) $
) $
?45I4
CHARLES W. TABER
CYNTHIA A. TABER
❑ 0 BOX 619 634-7695
MC CALL, ID 83638
Pav to thlA
i
Order of
`
ST O E
BANK
lk4/1 611
cmi °'/av
West One Bank, Idaho, N.A.
Post Office Box 903
McCall, Idaho 83638
19 70
I$
950
92-1/1241
Dollars
: 1100L8L279 011' 9500
City of McCall
OFFICE OF THE CLERK
BOX 1065
MCCALL, IDAHO 83638
'APPLICATION FOR VACATION OF PLAT, PORTION THEREOF,
PUBLIC RIGHT-OF-WAY EASEMENT
1. Applicant(s): Name
C /Ud e y C Tiler
Address: r�l� /,r,/&/p , /So ' /,,/f/ /1/�('
2. Description of requested vacation:
4 Ted rr ri,;r4ee !/era T1 ors 011. 1112 fiosT
3. Reason for request: To he lie Totripe, 1e 1IONT
{, / 7rpYl fi _Our j,r ��`]` TU 1Gt a s 4,(AA e
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
$25.00. 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 application complete with map and letters to the
Zoning Administrator, McCall City Hall.
We hereby request the vacation as described in the application
above.
Applicants:
Co-applicants/or Petitioners:
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 $25.00, 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.
Mayor Allen
Councilmembers
McCall City Hall
P.O. Box 1065
McCall, ID 83638
Dear Mayor Allen and Councilmembers:
The purpose of this letter is to commence an action
attempting to vacate a street easement known as "Frost
Street". The easement is perpendicular to Pinedale Street
and runs in front of the property known as 815 Pinedale
Street. For a specific location, see the attached map which
is a partial copy of a survey map done by Kerr Surveying from
a survey done in January of 1989.
The existence of this easement makes the property line that
runs by the front door of our house only 20' away. As the
setback requirements are 20' from the front for construction
purposes, you can see that building anything there is not
possible.
We would like to construct a garage/shop in the area on the
map showing a garage that does not exist. Given the slope of
this piece of property and location of the exterior doors of
the house, this is the most practical location. Any other
location would require a separate access road which might get
more complicated than a vacation action.
Please note on the attached map an additional complication;
where the Frost Street easement connects with Lake Side Ave.,
there is currently a house belonging to Leola Hammel. In
order for Frost Street to become a functional avenue of
transportation, an entire house would need to be removed. It
would seem more logical to vacate the present easement and,
if need be, create a new easement.
Below are signatures of adjacent property owners that have no
objection to the vacation of Frost Street:
SIGNATURE
ADDRESS PHONE NUMBER
1
2
1;
25'
ROWLAND
60'
existing 60'
right•ot• way.
Proposed . Vocation 8 Dedication
GORDON FDUCH PRnPFRTY
R JDERT H. REMAKLUS,.LAWYER P.A.
PROFESSIONAL CENTER'BUILDING
POST OFFICE BOX759
CASCADE, IDAHO83611
TELEPHONE (208) 382-4267
October 3 , .1.9,89
Arthur J. Schmidt, Jr.
-City .Clerk/Administrator
P. 0. Box 1065
McCall, Idaho.83638
Dear Bud:
'In checking the Local,Planning Act as a result ofyouur call
about street vacations I find,no applicable provisions. Con-
.sequently I wish. to reaffirm my advice' to require a petition
addressed to the Mayor ..and Council setting forth". ,the reasons
for' the request for'vacation and referral by the Council to .
the Planning and Zoning.Commission.for review and comment.
There are two provisions of the' Local. Planning Act• to which -I
wish to draw.your-attention. Please have Jim,Hen'derson check
Section.67-6536-concerning transcribable records to see if our
record retention policy agrees with that,sectipn. Also you
may wish to look at.Section 67-6537'requiring consideration of
. ground water quality inrepealinc, adopting,or amending a comp
-rehensve plan. This' is .a. new. section adopted by: the 1989 ses-
si.i
on of the Legislature.
V, Very truly yours, f.
Robert H. Remaklus
bb
City of McCall
OFFICE OF THE CLERK
BOX 1065
McCALL, IDAHO 83638
October 3, 1989
Charles W. Taber
P.O. Box 619
McCall, ID 83638
Dear Charley:
I spoke with Attorney Remaklus. He feels that all that is
required is a letter requesting that the street be vacated.
If you would get a map, then draft a letter addressed to the
Mayor and City Council, then have as many adjoining property
owners as you can get to sign it too, that should get it
started.
He thought the Council should then refer it for
recommendation to City Planning and Zoning. He though a
public hearing, including public notice, etc., should be
done.
The letter should describe the location, dimensions and
distances you want vacated. It should outline your reasons
for wanting the vacation.
If you need more help, let me know.
Sincerely,
ARTHUR J. SCHMIDT
City Administrator
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