HomeMy Public PortalAbout1992.9.11 123 Park St.CITY OF McCALL
PLANNING AND ZONING COMMISSION
MINUTES
September 1, 1992
Attending: Gary Ertter, Chairman
Tim Swanson
Lance Eckhardt
Linda Fitch
Staff Present: Bud Schmidt, City Administrator
Ted Burton, City Attorney
Sue Harley, Secretary
CALL TO ORDER:
Ertter called the meeting to order at 7:35 p.m.
MINUTES:
The minutes of August 11, 1992 were approved as presented.
OLD BUSINESS:
CAWYER, SPECIAL USE PERMIT:
The hearing was a continuation of the hearing of August 11,
1992, for the expansion of an existing trailer park located at
123 Park St. Administrator Schmidt read a staff report
(attached). Swanson moved to reopen the hearing to public
comment. Eckhardt seconded and the motion carried.
Carl Kerrick, representing the applicant, gave a history of the
Cawyers progress and discussed each item of the Administrator's
staff report. The Cawyers answered questions raised by the
Commission members.
The following persons appeared and were heard:
Art Johnstone
Monto Clindendon
Art Johnstone opposed the expansion of the trailer park siting
the density increase, possible parking problems, and noise. Mr.
Clendendon opposed the proposed masonry fence opining that a
McCALL PLANNING & 10NIV
EXHBIT I
RECEIVED
masonry fence would echo the noise rather than muffle it.
Mr. Cawyer rebutted the opposition from Mr. Johnstone.
When no one else wished to be heard, the Chairman closed the
hearing to public comment at 8:15 p.m., and discussion turned to
the Commission. They addressed noise, parking, fencing, and
snow storage.
Ertter moved to recommend approval of the expansion of the
trailer park with the following conditions:
1. The expansion spaces shall be rented on a seasonal or
month to month basis, and over-nighters shall be
prohibited.
2. A 6 foot high fence shall be constructed of solid wood
or masonry. Said fence shall be landscaped and
maintained.
3. The expansion shall contain no more than 8 dwellings.
4. No additional snow covers shall be constructed in the
expansion.
5. All NFPA Code requirements shall be met.
6. Park rules shall be developed and published to control
noise after 10:00 p.m. and shall be enforced.
7. A drainage plan shall submitted for approval by the
City Public Works Department, and drainage other than
onto neighboring properties shall be provided and
maintained.
8. Commercial sewer hook-up fees for the expansion shall
be paid.
9. The total number of parking spaces for the entire park
shall be 28.
10. The occupants of the trailer park shall not park on the
city street.
11. Occupancy in compliance with the terms of this approval
shall be achieved on or before one year after the date
of City Council approval, or approval shall lapse and
be void.
Fitch seconded and the motion carried.
Fitch moved to recommend that no second hearing be required.
Eckhardt seconded and the motion carried.
The hearing closed at 9:00 p.m. and the Commission took a 10
minute recess.
OLD BUSINESS, CONTINUED
COSTOFFS, LOT SPLIT
James Costoff presented a plot plan of the property in question.
Attorney Burton gave a history of the application explaining
that the lot was split in 1980 and the Costoffs property was
rendered ecconomicly useless unless a variance was obtained in
regard to the minimum lot size standard in 3-5-5, McCall City
Code.
After discussion, Chairman Ertter directed staff to review the
file to determine the proper process, ie. wheather or not
another hearing is necessary.
INFORMATION ITEMS:
A letter of withdrawal from Fred Kopke regarding a lot split was
the only item of information.
With no further business, Fitch moved to adjourn. Eckhardt
seconded and the motion carried. The meeting closed at 9:20
p.m.
tfully Sumitt.ed
Gar Ertter,
Ch irman
Dated September C/ , 1992
September 1, 1992
TO: CITY OF MCCALL PLANNING AND ZONING COMMISSION
FROM: CITY ADMINISTRATOR
RE: Cawyer Special Use Permit application
I. ISSUES
The application is to expand a mobile home park,
recognized in the City Code, by 9 additional RV spaces.
The applicant has removed a house from the parcel being
developed and proceeded to construct the expansion. This
work has been forestalled by intervention of the prosecutor
pending your action.
II. STANDARDS:
City Code section 3-15-5 prohibits the placement of
mobile homes except at certain locations. Among the
permitted locations is the McCall Trailer Park, 123 Park
Street. The street address given is the address of the
house recently removed. permitting a
The property is zoned B residential, p
density of 8 units per acre. 9 units on a 1/4 acre parcel
represents a density of 36-37 per acre. Whether each
trailer equates to a single family unit is not addressed by
the code. Recall that motel rooms equal only about 1/3 of
a sfu as sewer hook-up connection fees are calculated.
In addition, a mobile home (distinct from a travel
trailer) may be placed on property within 50' of any of the
permitted mobile home subdivisions. (3-15-5. B)
The standards of the mobile home and travel trailer
subdivisions and parks, the county ordinance adopted by the
city by reference, appear to be met by the applicant.
The request must meet the Standards for a special use
as outlined in city code section 3-22-6 (attached)
III. DISCUSSION
The City of McCall is in need of low income housing and
seasonal housing. The staff had considerable discussion
about the police, noise and traffic problems with overnight
camping in this location and its effect on the
neighborhood.
IV. RECOMMENDATIONS:
The staff recommends the approval of the expansion of
this use under the following terms and conditions:
a. That the spaces be rented monthly or seasonally to
mitigate the traffic and noise impacts on the
neighborhood. This also provides convenient locations for
seasonal worker housing. Overnighter rentals would be
prohibited as a condition of the permit.
b. A sight and sound obscuring fence, preferably of
masonry materials, be constructed along the Park St.
perimeter of the park and 20' on the East and West
perimeters. The design of this shall be approved by the
commission and it shall be aesthetically pleasing and
landscaped.
c. The density of the development be reduced to 6
additional units and the space saved utilized for parking
within the park.
d. All NFPA Code requirements respecting the
separations of mobile home units shall be met and approved
by the Fire Chief.
e. No covers or snow shed roofs will be permitted on
any of the units, nor shall storage buildings be
constructed for any units;
f. Park rules will be developed and published to
control noise after 10 o'clock p.m. and shall be enforced.
g. A drainage plan approved by a registered engineer
will be submitted and approved by the Public Works
Director.
h. Commercial sewer hook-up fees for the expansion of
use will be calculated by the city and payable for the
additional units.
AJS
9-1-92
• •
CITY OF McCALL
PLANNING AND ZONING COMMISSION
FINDINGS AND CONCLUSIONS IN SUPPORT
OF APPROVAL OF A SPECIAL USE
The Commission finds that:
1. A petition for approval of a special use was presented
for public hearing on July 28, 1992 by Samuel D.
Cawyer, as owner of a metes and bounds description
within Government Lot 4, Section 9, T. 18 N., R. 3 E.,
B. M.
Beginning at a point 225 feet North of and 464
feet West of the southeast corner of such Lot 4;
thence North 276.54 feet; thence West 175 feet;
thence South 276.54 feet; thence East 175 feet to
the point of beginning,
also known as 123 Park Street, to "put in 9 new RV
spaces on the front of the property."
2. The necessary notice was given.
3. The land in question is in Zone B, as is the adjacent
property to the Northwest, West, Southwest, South and
Southeast. Land to the East across the lot lines is in
Zone B along Park Street, and Zone C east and northeast
along Lake Street, and is occupied by Paul's Market.
Further West along Park Street but within the same
block is the Supervisor's Office of the Payette
National Forest. Conventional housing is across the
street and generally prevalent on the street. The
neighborhood seems to be a transition area between
residential, commercial and office uses.
4. The proposed use meets the standards of MCC 3-22-6 as a
matter of fact, provided certain conditions of approval
are met.
5. The proposed use is appropriate, and will provide a
useful, less obtrusive buffer between commercial uses
and the developed residential areas to the West and
South.
The Commission concludes that:
6. The proposed use meets the standards of MCC 3-22-6 as a
matter of law, provided certain conditions of approval
are met.
7. The proposed use is appropriate.
FINDINGS AND CONCLUSIONS IN SUPPORT September 2, 1992
OF RECOMMENATION OF APPROVAL OF A SPECIAL USE
• •
8. Conclude that the special use should be permitted
subject to the following conditions of approval which
are to be met prior to occupancy:
a. Construction, landscaping, and use shall be in
accord with the plans submitted to the City with
the application, except as modified to conform to
the balance of these conditions, and the use shall
be limited to seasonal or month to month rental;
shorter term or overnight rental is prohibited;
b. A sight and sound obscuring fence (solid wood or
masonry) shall be constructed along Park Street
and returning not less than 20 feet down the side
lot lines; the fence shall be six feet tall and
shall be maintained and landscaped;
c. The number of travel trailer units permitted on
the expanded area along Park Street shall be
limited to not more than 8;
d. All NFPA Code requirements respecting the
separation of mobile home units shall be met, and
the individual locations and separations for
travel trailer units must be reviewed and approved
by the Fire Chief;
e. No covers or snow shed roofs shall be permitted in
the area of expanded use;
f. Park rules shall be developed and published to
control noise after 10 PM, and shall be enforced,
and the Owner shall take measures to evict any
tenant breaching these rules;
g A drainage plan shall be submitted for approval by
the city public works department, and drainage
other than onto neighboring properties shall be
provided and maintained;
h. Commercial sewer hook-up fees for the expanded
number of units on the property in question shall
be paid;
i. A total number of parking spaces shall be provided
within the combined existing McCall Trailer Park
and the expanded area not less than equal to the
number of dwelling units present and anticipated,
plus 6 spaces, for a projected total at the
present time of 28;
j. Occupants of the McCall Trailer Park and the RV
expansion shall not park on Park Street, and the
FINDINGS AND CONCLUSIONS IN SUPPORT September 2, 1992
OF RECOMMENATION OF APPROVAL OF A SPECIAL USE
Owner shall take measures to evict any tenant
breaching this requirement; and
k. Occupancy in compliance with the terms of this
approval shall be achieved on or before one year
after the date of City Council approval, or
approval shall lapse and be void.
Dated:
Attest:
See Harle
P & Z Clerk
rtter
hairman
FINDINGS AND CONCLUSIONS IN SUPPORT September 2, 1992
OF RECOMMENATION OF APPROVAL OF A SPECIAL USE
•
Ai/
ris
September 1, 1992
to j
• sY4"' q xZv
120
TO: CITY OF MCCALL PLANNING AND ZONING COMMISSION
FROM: CITY ADMINISTRATOR
RE: Cawyer Special Use Permit application
I. ISSUES
The application is to expand a mobile home park,
recognized in the City Code, by 9 additional RV spaces.
The applicant has removed a house from the parcel being
developed and proceeded to construct the expansion. This
work has been forestalled by intervention of the prosecutor
pending your action.
II. STANDARDS:
City Code section 3-1515 prohibits the placement of
wile homes except at certain locations. Among the
ermitted locations is the McCall Trailer Park, 123 Park
treet. The street address given is the address of the
ouse recently removed.
The property is zoned B residential, permitting a
density of 8 units per acre. 9 units on a 1/4 acre parcel
represents a density of 36-37 per acre. Whether each
trailer equates to a single family unit is not addressed by
the code. Recall that motel rooms equal only about 1/3 of
a sfu as sewer hook-up connection fees are calculated.
In addition, a mobile home (distinct from a travel
trailer) may be placed on property within 50' of any of the
permitted mobile home subdivisions. (3-15-5. B)
The standards of the mobile home and travel trailer
subdivisions and parks, the county ordinance adopted by the
city by reference, appear to be met by the applicant.
The request must meet the Standards for a special use
as outlined in city code section 3-22-6 (attached)
1(o XS: la,
loxa-:/ O
e $ f1II /5 gQiellatAftitcir& IANING
i EXHIBIT X20
RECEIVED
III. DISCUSSION
The City of McCall is in need of low income housing and
seasonal housing. The staff had considerable discussion
about the police, noise and traffic problems with overnight
camping in this location and its effect on the
neighborhoodj(.
Fm
22
4
28
IV. RECOMMENDATIONS:
The staff recommends the approval of the expansion of
this use under the following terms and conditions:
0090---9.- a. That the spaces be rented monthly or seasonally to
—i1iv mitigate the traffic and noise impacts on the
un ^s neighborhood. This also provides convenient locations for
Nvs� seasonal worker housing. Overnighter ren would be
�" prohibited as a condition of the permit b 44462 &Si °MGO �...
b. A sight and sound obscuring fence, prefera y of �,,A/
asonry materials, be constructed along the Park St. p
n r perimeter of the park and 20' on the East and West
xY perimeters. The design of this shall be approved by the
/, commission and it shall be aesthetically n/� pleasing� and 8`,,t"
11c.o-' �s°( landscaped. loin go.... to ,4& 4-14 ' ti'43 h�✓!C¢Lint
il cu occ 4�
Y� c. The density of the development be red ced to/6
additional units and the space paved utilized for parking
within the park. 1t4 *q 4v , ��// '1�"L° is 8
d. All NFPA Code reguir`ements respecting the
separations of mobile home unit hallbe met)and tpproved),c /3
by the Fire Chief.:iwO w
e. No covers or snow shed roofs will be permi ted on
any of the units, nor shaj storage buildings be
constructed for any units; °�� an dfne 42,4r
f. Park rules will be developed and published to
control noise after 10 o'clock p.m. and shall be enforced.
g. A drainage plan approved by a registered engineer
will be submitted and approved by the Public Works
Director.
h. Commercial sewer hook-up fees for the expansion of
use will be calculated
additional units.
ogi
la
by the city
Oct-,
and payable for he
etc, obi - r
no'f"
nnuc4
Wantioma
do ktot-
is (644 io
3-15-2 3-15-5
•
(BI Section 105, d-3 is hereby nded to read as follows: •
3. Commission: The Planning and Zoning Commission of the City of McCall,
Idaho.
(C) Section 205, 08.13 is hereby amended to read as follows:
13. Mobile home subdivisions and parks and travel trailer courts and parks
shall be designed with a periphery screen consisting of a wall, fence or tree
and shrub border and they shall have an attractively designed entrance over
which the manager can exercise close control.
The site classification designated in said Section shall be and remain as set
forth in said Rules and Regulations.
3-15-3: INSPECTION; APPROVAL: No mobile home subdivision or park or
travel trailer court or park may be developed or operated in the City
unless the Commission has examined the plans, specifications and proposed plans for
the operation thereof and has approved them and authorized the issuance of a
permit for the construction thereof.
3-15-4: PROCEDURE: Upon receipt of a request for the development
of a mobile home subdivision, park or travel trailer court, the
Planning Commission shall proceed in accordance with the procedures set forth
in Section 3-22-4 (Special Use Permits).
3-15-5: PLACEMENT OF MOBILE HOME: No mobile home may be
placed for use or used on any lot in the City except as follows:
(A) Within a mobile home subdivision or park developed and operated
pursuant to the provision of Section 3-15-4 of this Ordinance, unless
the same is placed within a mobile home court in existence and in operation
at the time of adoption of this Ordinance, namely:
1. Pines Trailer Park, 902 W. Lake Street.
2. Medley's Park, 607 3rd Street.
3. McCall Trailer Park, 123 Park Street.
4. U.S. Forest Service Trailer Park, Mission and Forest Streets.
5. Payette Lakes Trailer Park. 1303 N. Davis Avenue.
1079
3-15-5 3-15-7
6. Alpine Trailer Park, 403 E. Coloradoet.
7. Bill's Trailer Park, 201 N. 3rd Street.
8. Jordan's Trailer Coun, 1006 1st Street.
9. Blake Hancock Coun, 301 W. Lake Street.
10. McCall Manor. 613 3rd Street.
11. Krahn's Trailer Park, 117 Park Street.
(8)
On contiguous property within filly feet (50') of one of said parks above named
provided the setback and l01 size requirements specified in paragraphs 3 and
4, section 2051-D of said County Rules and Regulations are met and a permit
is received.
(C) Within the area east of Third Street, south of Colorado Street, north of Floyde
Street and west of a line one thousand feet (1,000') east of Third Street and
parallel thereto and an area east of Third Street, north of Colorado Street,
west of Sampson Way and south of Washington Street, excepting from such
are as all area within one hundred feet (100') of any permanent residence now
existing in said areas.
3-15-6: TRAVEL TRAILER PARK; PROHIBITIONS: No mobile homes, except
one for use as a residence of the operator. may be placed in a travel
trailer park or court.
3-15-7: ADDITIONS; INSPECTIONS: No structure may be built to cover a
trailer or mobile home to protect it from the weather or snow unless
the plans and specifications therefor are first approved by the Commission and it has
authorized the issuance of a permit therefor. (Ord. 387, 7-2.79)
3-22-5 3-22-6
•
A) 4. Statements by all property owners within three hundred feet (300'1 of
subject property.
(8) Upon receipt of a request for a special use permit the Planning Commission
shall set the date for and hold a public hearing and subsequently make
recommendations to the City Council for approval or denial of the request in
accordance with the provisions set forth in Chapter 24 (Procedures, Appeals
and Action by Affected Persons).
3-22-6: STANDARDS PERTAINING TO SPECIAL USES:
IA) A special use permit may be granted only if the Planning Commission finds
that the establishment, maintenance or operation of the construction,
development, activity or use in the particular case:
1. Will, in fact, constitute a special use as established in the Zoning
Ordinance for the zoning district involved.
2. Will be harmonious with and in accordance with the general objectives, or
with any specific objective of the Comprehensive Plan and/or the Zoning
Ordinance.
3. Will be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the
general vicinity and that such use will not change the essential character of
the same area.
4. Will not be hazardous or disturbing to existing or future neighboring uses.
5. Is not detrimental to the health, safety, peace, morals, comfort and
general welfare of persons residing or working in the neighborhood of such
proposed use.
6. Will not cause any substantially harmful environmental consequences on
the land of the applicant or on other lands or waters.
7. Will be served adequately by essential public facilities and services such as
highways, streets, police and fire protection, drainage structure, refuse
disposal, water and sewer, and schools; or that the persons or agencies
responsible for the establishment of the proposed use shall be able to provide
adequately any such services.
8. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community.
1079
3-22-6
A) 9. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or
the general welfare by reason of excessive production of traffic. noise.
smoke, fumes, glare or odors.
10. Will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
thoroughfares.
11. Will not result in the destruction, loss or damage of a natural. scenic
or historic feature of major importance.
12. That the site is of sufficient size to accommodate the proposed use
and all the yards, open space, walls, fences, parking areas, loading zones
and design standards applicable to such use as required by this
Ordinance.
(B) The Commission, in acting upon an application, shall provide that the
approval of the special use permit be contingent upon acceptance and
observance of specific conditions, including, but not limited to, the
following:
1. Conformity to approved plans and specifications.
2. Performance characteristics, related to the emission of noise, vibrations
and other potentially objectionable elements.
3. Limits on the maintenance and operation and on the time of day for the
conduct of specified activities.
4. The period within which the permit shall be exercised or otherwise
lapse.
5. Guarantees as to compliance with the terms of the approval.
6. Approval of building appearance and landscaping.
7. Limits on the type and amount of traffic, off-street parking, condition and
width of adjoining streets and access.
(C) Upon granting a special use permit the Planning Commission may require
more restrictive standards than those generally required in an ordinance.
3-22-8
3-22-7: PROCEDURES: Upon receipt of an application for reclassification of
a zoning district or a special use permit, the Planning Commission
shall proceed in accordance with the provisions set forth in Chapter 24
(Procedures, Appeals and Action by Affected Persons). (Ord. 387, 7-2.79)
3-22-8: FEES: Fees shall be paid by applicant at the time of filing an
application under the provisions of this Chapter. Fees shall be in
accordance with a fee schedule established periodically by the City Council by
resolution. (Ord. 565, 4.26.90)
590
September 1, 1992
TO: CITY OF MCCALL PLANNING AND ZONING COMMISSION
FROM: CITY ADMINISTRATOR
RE: Cawyer Special Use Permit application
I. ISSUES
The application is to expand a mobile home park,
recognized in the City Code, by 9 additional RV spaces.
The applicant has removed a house from the parcel being
developed and proceeded to construct the expansion. This
work has been forestalled by intervention of the prosecutor
pending your action.
II. STANDARDS:
City Code section 3-15-5 prohibits the placement of
mobile homes except at certain locations. Among the
permitted locations is the McCall Trailer Park, 123 Park
Street. The street address given is the address of the
house recently removed. permitting a
The property is zoned B residential, p g
density of 8 units per acre. 9 units on a 1/4 acre parcel
represents a density of 36-37 per acre. Whether each
trailer equates to a single family unit is not addressed by
the code. Recall that motel rooms equal only about 1/3 of
a sfu as sewer hook-up connection fees are calculated.
In addition, a mobile home (distinct from a travel
trailer) may be placed on property within 50' of any of the
permitted mobile home subdivisions. (3-15-5. B)
The standards of the mobile home and travel trailer
subdivisions and parks, the county ordinance adopted by the
city by reference, appear to be met by the applicant.
The request must meet the Standards for a special use
as outlined in city code section 3-22-6 (attached)
MtCAII Pt •
EXHIBIT
RECEIVED 9
III. DISCUSSION
The City of McCall is in need of low income housing and
seasonal housing. The staff had considerable discussion
about the police, noise and traffic problems with overnight
camping in this location and its effect on the
neighborhood.
IV. RECOMMENDATIONS:
The staff recommends the approval of the expansion of
this use under the following terms and conditions:
a. That the spaces be rented monthly or seasonally to
mitigate the traffic and noise impacts on the
neighborhood. This also provides convenient locations for
seasonal worker housing. Overnighter rentals would be
prohibited as a condition of the permit.
b. A sight and sound obscuring fence, preferably of
masonry materials, be constructed along the Park St.
perimeter of the park and 20' on the East and West
perimeters. The design of this shall be approved by the
commission and it shall be aesthetically pleasing and
landscaped.
c. The density of the development be reduced to 6
additional units and the space saved utilized for parking
within the park.
d. All NFPA Code requirements respecting the
separations of mobile home units shall be met and approved
by the Fire Chief.
e. No covers or snow shed roofs will be permitted on
any of the units, nor shall storage buildings be
constructed for any units;
f. Park rules will be developed and published to
control noise after 10 o'clock p.m. and shall be enforced.
g. A drainage plan approved by a registered engineer
will be submitted and approved by the Public Works
Director.
h. Commercial sewer hook-up fees for the expansion of
use will be calculated by the city and payable for the
additional units.
AJS
9-1-92
3-15-2 3-15-5
•
fl
(B) Section 105, d-3 is hereby amended to read as follows:
3. Commission: The Planning and Zoning Commission of the City of McCall,
Idaho.
(C) Section 205, 1-8-13 is hereby amended to read as follows:
13. Mobile home subdivisions and parks and travel trailer courts and parks
shall be designed with a periphery screen consisting of a wall, fence or tree
and shrub border and they shall have an attractively designed entrance over
which the manager can exercise close control.
The site classification designated in said Section shall be and remain as set
forth in said Rules and Regulations.
3-15-3: INSPECTION; APPROVAL: No mobile home subdivision or park or
travel trailer court or park may be developed or operated in the City
unless the Commission has examined the plans, specifications and proposed plans for
the operation thereof and has approved them and authorized the issuance of a
permit for the construction thereof.
3-15-4: PROCEDURE: Upon receipt of a request for the development
of a mobile home subdivision, park or travel trailer court, the
Planning Commission shall proceed in accordance with the procedures set forth
in Section 3-22-4 (Special Use Permits).
3-15-5: PLACEMENT OF MOBILE HOME: No mobile home may be
placed for use or used on any lot in the City except as follows:
(Al Within a mobile home subdivision or park developed and operated
pursuant to the provision of Section 3-15-4 of this Ordinance, unless
the same is placed within a mobile home court in existance and in operation
at the time of adoption of this Ordinance, namely:
1. Pines Trailer Park, 902 W. Lake Street.
2. Medley's Park, 607 3rd Street.
3. McCall Trailer Park, 123 Park Street.
4. U.S. Forest Service Trailer Park, Mission and Forest Streets.
5. Payette Lakes Trailer Park, 1303 N. Davis Avenue.
1079
3-15-5
P 1
3-15-7
A) 6. Alpine Trailer Park. 403 E. Colorado Street.
7. Bill's Trailer Park, 201 N. 3rd Street.
8. Jordan's Trailer Court, 1006 151 Street.
9. Blake Hancock Court, 301 W. Lake Street.
10. McCall Manor, 613 3rd Street.
11. Krahn's Trailer Park. 117 Park Street.
(8) On contiguous propedy within fifty feet (50') of one of said parks above named
provided the setback and lot size requirements specified in paragraphs 3 and
4, section 205.1-D of said County Rules and Regulations are met and a permit
is received.
(C) Within the area east o1 Third Street, south of Colorado Street, north of Floyde
Street and west of a line one thousand feet (1,000') east of Third Street and
parallel thereto and an area east of Third Street, north of Colorado Street.
west of Sampson Way and south of Washington Street, excepting from such
are as all area within one hundred feet (100') of any permanent residence now
existing in said areas.
3-15-6: TRAVEL TRAILER PARK; PROHIBITIONS: No mobile homes, except
one for use as a residence of the operator, may be placed in a travel
trailer park or court.
3-15-7:
the plans and
authorized the
590
ADDITIONS; INSPECTIONS: No structure may be built to cover a
trailer or mobile home to protect it from the weather or snow unless
specifications therefor are first approved by the Commission and it has
issuance of a permit therefor. (Ord. 387, 7-2-79)
3-22 -5
3-22-6
A) 4. Statements by all property owners within three hundred feet (300') of
subject property.
(8) Upon receipt of a request for a special use permit the Planning Commission
shall set the date for and hold a public hearing and subsequently make
recommendations to the City Council for approval or denial of the request in
accordance with the provisions set forth in Chapter 24 (Procedures, Appeals
and Action by Affected Persons).
3-22-6: STANDARDS PERTAINING TO SPECIAL USES:
(A) A special use permit may be granted only if the Planning Commission finds
that the establishment, maintenance or operation of the construction,
development, activity or use in the particular case:
1. Will, in fact, constitute a special use as established in the Zoning
Ordinance for the zoning district involved.
2. Will be harmonious with and in accordance with the general objectives, or
with any specific objective of the Comprehensive Plan and/or the Zoning
Ordinance.
3. Will be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the
general vicinity and that such use will not change the essential character of
the same area.
4. Will not be hazardous or disturbing to existing or future neighboring uses.
5. Is not detrimental to the health, safety, peace, morals, comfort and
general welfare of persons residing or working in the neighborhood of such
proposed use.
6. Will not cause any substantially harmful environmental consequences on
the land of the applicant or on other lands or waters.
7. Will be served adequately by essential public facilities and services such as
highways, streets, police and fire protection, drainage structure, refuse
disposal, water and sewer, and schools; or that the persons or agencies
responsible for the establishment of the proposed use shall be able to provide
adequately any such services.
8. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community.
1079
3-22-8
A) 9. Will not involve uses, activities, processes. materials, equipment and
conditions of operation that will be detrimental to any persons, properly or
the general welfare by reason of excessive production of traffic, noise.
smoke, fumes. glare or odors.
10. Will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
t ho roughfare 5.
11. Will not result in the destruction, loss or damage of a natural, scenic
Or historic feature of major importance.
12. That the site is of sufficient size to accommodate the proposed use
and all the yards, open space, walls, fences. parking areas, loading zones
and design standards applicable to such use as required by this
Ordinance.
(B) The Commission, in acting upon an application, shall provide that the
approval of the special use permit be contingent upon acceptance and
observance of specific conditions, including, but not limited to, the
following:
1. Conformity to approved plans and specifications.
2. Pedormance characteristics, related to the emission of noise, vibrations
and other potentially objectionable elements.
3. Limits on the maintenance and operation and on the time of day for the
conduct of specified activities.
4. The period within which the permit shall be exercised or otherwise
lapse.
5. Guarantees as to compliance with the terms of the approval.
6. Approval of building appearance and landscaping.
7. Limits on the type and amount of traffic, off-street parking, condition and
width of adjoining streets and access.
(C) Upon granting a special use permit the Planning Commission may require
more restrictive standards than those generally required in an ordinance.
3-22-7: PROCEDURES: Upon receipt of an application for reclassification of
a zoning district or a special use permit, the Planning Commission
shall proceed in accordance with the provisions set forth in Chapter 24
(Procedures, Appeals and Action by Affected Persons). (Ord. 387, 7-2-79)
3-22-8: FEES: Fees shall be paid by applicant at the time of filing an
application under the provisions of this Chapter. Fees shall be in
accordance with a fee schedule established periodically by the City Council by
resolution. (Ord. 565, 4-26-90)
590
��aJats 7 7 4Cbz n 75%
n
€4, A C eicit 2-7 P<cArk
i 3 B— s j>
G00k7,2-\
aeP��
4 � 7P�s
st.cctiL.t 6,Gierie4
TAaci.,-Q TA 024 ;: Le a-
0,_
62 5 9 zls/ / , c
�1r 3(.0 ,37
-2= ,
-
O4 0 l GC.? G , Jp w.r T
,? (// 4„ 4c)
AAcCALL PLANNING & CONING
EXHIBIT _- f
fl
Lzt
/z4
ZLI
/i Zect-e2"64-, 77
ht
fe; 5
llo Co La..,‘. ---- 5-1 s fse--tu� LI S
it Y\6) -4C W GL34-cse— -)(1guAg-G.
N,AkeAL . 71-0 Yi&Zo-¢- agar/L.4
CITY of McCALL
DEPARTMENT OF LAW
POST OFFICE BOX 1065
McCALL. IDAHO 83638-1065
Edward G. Burton, Esq. 208-634-7142 (voice)
City Prosecutor 208.634-3038 (fax)
June 30, 1992
To: Mr. & Mrs. Sam Cawyer
and the officers, employees, agents, and independent
contractors of each
Re: AMENDED NOTICE OF VIOLATION
Dear Mr. & Mrs. Cawyer:
You or one of you has commenced what appears to be an
illegal expansion of a grandfather right mobile home court,
or the illegal installation of a new use on the property,
namely a travel trailer court or park.
This property is regulated by the McCall City Code
Title 3, Zone B, medium density residential, and Chapter 15
entitled Mobile Homes Subdivisions and Travel Trailers.
Mobile home courts are illegal in Zone B, as are travel
trailer parks; approval may be sought for mobile home
subdivisions as a special or conditional use. This zone
also permits a written application for a special uses for
"other uses deemed appropriate by the Commission." We can
find no application for approval of a special use by you of
record, nor any record of any approval of such an
application.
Your mobile home court existed on the date of zoning
and was specifically grandfathered for unit replacement by
the ordinance. However, it does not follow that the use can
be expanded. The general rule of the law is that
nonconforming uses cannot be expanded geographically or in
intensity. Even if your mobile home court were considered a
conforming use, it would only be the mobile home court which
existed on the date of zoning. There is no right to extend
that use into new ground, or to intensify it on the ground
where it then was. A travel trailer court or park would be
a wholly new use.
Your conduct thus constitutes a violation of the zoning
ordinance. The Building Inspector told you that you should
not continue the installation of any facilities or homes.
Notwithstanding his order, you apparently moved another
mobile home onto the property last evening. Your neighbors
are up in arms.
What you need to do to cure this violation is, first,
do nothing more to expand this use: no more facilities, no
more mobile homes or travel trailers. Lag , any mobile
• •
homes or travel trailers in excess of the number on the
property on the date of zoning must be removed. Third, no
mobile homes or travel trailers should be on an area of the
property where mobile homes or travel trailers were not
present on the date of zoning.
If you wish to do so, you may apply for a special or
conditional use. Neither a promise to apply, nor the
application itself, should be considered by you as
permission to put any more mobile homes or travel trailers
on the property. Prior to approval of a special use by the
City Council, your activity would remain illegal.
If you do not respond to this Notice in a meaningful
fashion, the City will have little choice but to look to
legal action. We would probably make use of misdemeanor
provisions of the ordinance, which authorize a maximum fine
of $300 per day per violation.
I am aware that you have stated to one of our employees
that you received a variance with public notice and hearing,
and to me that you inquired and were told you did not need a
variance. Only the City Council has the power to grant
variances or special uses. No record exists of such action,
which cannot be taken without creation of a paper trail.
Sincerely yours,
Edward G. Burton
City Prosecutor
cc: Mayor
Administrator
Sue
Bill
CITY of McCALL
DEPARTMENT OF LAW
POST OFFICE BOX 1065
McCALL. IDAHO 83638.1065
Edward G. Burton, Esq. 208-634-7142 (voice)
City Prosecutor 208-634-3038 (fax)
June 23, 1992
To: Mr. & Mrs. Sam Cawyer
and the officers, employees, agents, and independent
contractors of each
Re: NOTICE OF VIOLATION
Dear Mr. & Mrs. Cawyer:
You or one of you has commenced what appears to be an
illegal expansion of a grandfather right trailer court.
This property is regulated by the McCall City Code
Title 3, Zone A, low density residential. Mobile homes are
illegal in Zone A, except that approval may be sought for
mobile home subdivisions as a special or conditional use.
This zone also permits an application for a special uses for
"other uses deemed appropriate by the Commission." We can
find no such application by you of record, nor any record of
any approval (which approval by law would be in the form of
written findings and conclusions at both Planning Commission
and Council levels).
Your trailer park existed on the date of zoning and was
specifically grandfathered by the ordinance. However, it
does not follow that the use can be expanded. The general
rule of the law is that nonconforming uses cannot be
expanded geographically or in intensity. Even if your
trailer court were considered a conforming use, it would
only be the trailer court which existed on the date of
zoning. There is no right to extend that use into new
ground, or to intensify it.
Your conduct thus constitutes a violation of the zoning
ordinance. The Building Inspector told you yesterday that
you should not continue the installation of any facilities
or mobile homes. Notwithstanding his order, you apparently
moved another mobile home onto the property last evening.
Your neighbors are up in arms.
What you need to do to cure this violation is, first,
do nothing more to expand this use: no more facilities, no
more mobile homes. $Acond, any mobile homes in excess of
the number on the property on the date of zoning must be
removed. Third, no mobile homes should be on an area of the
property where mobile homes were not present on the date of
zoning.
L;rHIR ,
RECEIVED
s
If you wish to do so, you may apply for a special or
conditional use. Neither a promise to apply, nor the
application itself, should be considered by you as
permission to put any more mobile homes on the property.
Prior to approval of a special use, your activity would
remain illegal. You should take note that the City
administration would likely recommend against the use, or at
the least recommend that the use be brought up to ordinance
standards throughout the park.
If you do not respond to this Notice in a meaningful
fashion, the City will have little choice but to look to
legal action. We would probably make use of misdemeanor
provisions of the ordinance, which authorize a maximum fine
of $300 per day per violation.
I am aware that you have stated to one of our employees
that you received a variance with public notice and hearing,
and to me that you inquired and were told you did not need a
variance. Your contact on that occasion included two former
employees of the City, neither of whom has the power to
grant variances or special uses. No record exists of action
by those with such powers, and their exercise of such powers
by law creates a paper trail.
Sincerely yours,
/S
Edward G. Burton
City Prosecutor
cc: Mayor
Administrator
Sue
Bill
•
City of McCall 0
OFFICE OF THE CLERK
BOX 1065
MCCALL. IDAHO 83638
STATEMENT OF CHARGES
Date: Y/? /9Z
As required by Idaho State Code, I have had a Notice of Public
Hearing published (Central Idaho Star News) and notified all
surrounding property 9w,rs listed by you in your application
for a ?P Tr'/ ci-iiii truth % fr'mder P&L/.
As required by City of McCall Code, I am now submitting the
following bill:
3Ll
,2/`L
3 1( Letters at $1.00 each
Publishing fee from Star News
Total due to City of McCall
Hearing Date: 1/11/92 —
Please make payment to: City of McCall
and mail to: P.O. Box 1065, McCall, ID 83638
Sincerely,
h. . . c m ,
City Administrator
MCCALL PLANNING & ZONING
EXHIBIT 15
/
RECEIVED .4,1( O(Z
Sue
August 19, 1992
TO: Staff
FROM: Sue Harley, Planning and Zoning Clerk
RE: Technical Review
The staff will hold a technical review on Friday, August 21,
1992 at 3:00 p.m. in the conference room at City Hall. The
review is for thetproposed expansion of the trailer park
expansion located at 123 Park St. owned by Sam and Linda Cawyer.
Your comments and/or recommendations are invited. If you
wish, you may review the file in my office prior to that time.
McCALL PLANNING & ZONING
c%1411317 /�
iECEIVEr -_ I
CITY OF McCALL PLANNING AND ZONING COMMISSION
MINUTES
August 11, 1992
Attending: Larry Lovitt, Vice -Chairman
Lance Eckhardt
Linda Fitch
Staff: Sue Harley, Secretary
The special meeting was called to order by the Vice -Chairman at
7:38 p.m. A quorum was present.
The minutes of July 7, 21, and 28 were approved as presented.
PUBLIC HEARING, RUSH, STREET VACATION
Lovitt opened the hearing at 8:42. There
to be made by the Commission members.
Secretary Harley read a staff report.
appeared and were heard:
Harry Grandy - opposed the proposed vacation
Richard Jones - spoke in favor of the vacation
A letter from Sandra Turner in favor of the
submitted for exhibit.
When no one else wished to be heard, the hearing was closed to
public comment at 8:15, and the discussion turned to the
Commission.
After discussion, Lovitt moved to continue the hearing until the
Transportation Advisory Committee could give comment and more
involved maps could be obtained by the applicant, including maps
of the adjoining subdivisions. Fitch seconded and the motion
carried.
PUBLIC HEARING, JUDD DUBOER, VARIANCE REQUEST
********
Fitch and Lovitt declared that the U.S.F.S. had been noticed of
the hearing. Yet each stated that they could remain impartial
even though they work for the Forest Service.
were no declarations
The following persons
proposal was
McCALL PLANNING & LONING
EXHIBIT / 3---
RECEIVED
Andy Laidlaw, representing the applicant, gave a brief
presentation. He argued that the lot in question is old and
small and there is nowhere else on the property to expand the
house except toward the lake, which he would prefer not to do.
No one else wished to be heard.
Eckhardt moved to recommend approval of the variance to the City
Council. Lovitt seconded and the motion carried.
Eckhardt then moved to recommend that no second hearing be
required because there was no opposition. Fitch seconded and
the motion carried.
The hearing was closed at 8:45.
PUBLIC HEARING, SAM CAWYER, SPECIAL USE PERMIT
The hearing was opened at 8:47. There were no declarations to
be made by the Commission members.
Sam Cawyer, the applicant, gave an account of the special use
permit proposal to expand the trailer park at 123 Park St. He
wishes to add 9 spaces to the park. He argued that the taxes
are paid as only one parcel, therefore the entire trailer park
is "grandfathered". He feels he has meet or exceeded the
minimum standards outlined in the "Minimum Standards and
Criteria for Approval of Development and Operation of Mobile
Home Subdivision and Parks and Travel Trailer Courts and Parks"
for his proposal.
The following persons appeared and were heard:
John Lewis, summer resident
Curt Nall, trailer park owner
Art Johnstone, 112 Park St.
Mrs. Mary Lou Drouge, 110 Park St.
Kathy Johnstone, 112 Park St.
Linda Cawyer, co -applicant
Mr. Lewis and Mr. Nall spoke in favor of the expansion stating
that there is a great need for more accommodations for summer
visitors. Mr. and Mrs. Johnstone and Mrs. Drouge do not oppose
the expansion, however they believe that 9 additional spaces is
far too great. They spoke of side, rear, and front yard
setbacks and expressed the desire for the trailer park to adhere
to those requirements.
Eckhardt move to continue the hearing until staff reports are
submitted by the Public Works Director, the Fire Chief, and the
Building Inspector. Lovitt seconded and the motion carried.
At 9:55 p.m., the Commission took a 15 minute recess.
FOSTER, AMENDED PLAT, PRELIMINARY AND FINAL: ********
Dave Foster presented a re -plat of 5 lots in the Riverside
Subdivision. He proposes to combine the 5 sub -standard size
lots and create two lots, each being 75 feet by 100 feet.
Lovitt moved to recommend approval of the preliminary and final
plats to the City Council. Fitch seconded and the motion
carried.
LOT SPLIT INQUIRES, RICHARD JONES
Richard Jones had questions concerning lot split procedures and
whether or not his client's project could be accomplished. The
Commission member address -those questions.
With no further business, Eckhardt moved to adjourn the
meeting, Fitch seconded and the motion carried.
The meeting adjourned at 10:40 p.m.
Respectfully Submitted,
tarry L vitt,
Vice- irman
Dated August C3 , 1992
0
•
August 11, 1992
Planning and Zoning Commission
City of McCall
McCall, Idaho 83638
Subject: Special use permit application for Samuel and Linda Cawyer to expand the
McCall Trailer Park at 123 Park Street, McCall, Idaho.
This letter is submitted to protest increasing the density of the McCall Trailer
Park by nine units. This expansion will reduce the property values for all neighbors
who have single family dwellings. This expansion will increase the automobile and
truck traffic in the neighborhood to intolerable levels. This expansion will increase
the undesirable practice of parking vehicles and boats on the city street fronting
the trailer park for lengthy periods.
Comments are in order regarding this request. The zoning ordinance was complete-
ly ignored when this project was initiated. After construction was underway, I went
to the City Offices and asked to see the drawings defining this project. The City of
McCall had no application and no project design. The City of McCall then delayed en-
forcement of the ordinance until the project was fully installed! This action was
taken a month after the construction was started.
The project raises a number of questions regarding procedure. Does the City of
McCall issue a special use permit that allows the developer to violate a dozen or
more specific articles of the ordinance without addressing each of these variances?
This would seem to be a permit that allows the developer to do whatever he pleases.
Other questions that should be addressed include:
1. Will there be adequate parking spaces to serve the new development?
2. Is each trailer space adequate and is the spacing between trailers up to
code?
3. Are the toilet and shower facilities available to meet code requirements?
4. Does enlargement and new development require the up -grading of the entire
court to meet the current code?
I strongly support up -grading and true improvement of any commercial venture.
I believe that good design can provide a project that will benefit the owners, but
will also benefit the neighbors and the community. I do not believe that a variance
to allow ultra high density of use will, in this case, benefit the community.
Sincerely,
EJD/lb
Eddie J. Droge, M.D.
,dcCAU P'i..;..
EXHIR'i /2
RECEIVED 11/41/402
City of McCall fl
OFFICE OF THE CLERK
BOX 1065
MCCALL. IDAHO 83638
STATEMENT OF CHARGES
•
Date: S-17�c)z
As required by Idaho State Code, I have had a Notice of Public
Hearing published (Central Idaho Star News) and notified all
surrounding property 9wn rs listed by you in your application
for a nii;J/i tai=/?ernit % 7m/r'F I-4wt.
As required by City of McCall Code, I am now submitting the
following bill:
1 L(
1� Letters at $1.00 each
Publishing fee from Star News
Total due to City of McCall
Hearing Date: 0II/9 2_
Please make payment to: City of McCall
and mail to: P.O. Box 1065, McCall, ID 83638
Sincerely,
h.. . c
City Administrator
McCALL PLANNING & LONWNC
EXHIBIT 1!
RECEIVED 07gz
Publisher's Affidavit of Publication
STATE OF IDAHO . .ss
•
County of Valley
1, Bo bette S. Steffler, being duly swo rn and say, I am the re ce ptio nist
of The Central Ida ho Star - News, a weekly newspaper published at McCa ll, in
the Co unty of Valley, State of Idaho ; that sa id ne wspaper is in general
circ ulation in the co unty of aforesaid and is a legal newspaper; that the
NOTICE OF PUBLIC HEARING - CAWYER HEARING, a co py of which is
e nclo se d here to and is a part hereof, was published in sa id newspaper o nce a
week for o ne co nsecutive week in the regula r and entire issue of ev ery
number there of during the period of time of publicatio n. and was published in
the newspape r_proppt and not in a supplement; and that public ation of suc h
no tice be ga nJO/ 16, 1992 and ended July 16, 1992.
/ ,
i• ed"a • swo rd
STATE OF IDAHO
COUNTY OF VALLEY
is the 1 t da y of July, 1992.
On this 16th day of July, in the year of 1992, be fore me, a Notary
Public, pe rso na lly appeared Bobette S. Steffler, known or identified to me to be
the perso n whose name subscribed to the within instrument, and being by me
first duly sworn, declared that the statements therein are true, and acknowl-
e dge d to me that she exe cuted the same.
Tom Grote
Notary Publi c for Idaho
Residing at M cCall, Idaho
Commissi on Expires: 1993
PUBLIC H EARIN G
CA WYE R A PPLICAT ION
The C ity of M cCall I'lanning and
Zonin g Co mmission will ho ld a pu blic
he arin g on August 4, 1992 at 730 p. m. (or
as soo n thereafter as the matter may In
its turn be heard) at the McCall City
Ha ll, 216 Park Street, McCall, Idaho.
The hearing is for the purpose of recei v-
ing testimo ny of interested persons con -
cerning.
A s pecial use permit applicatio n
submitted by Samuel and Lind a Cawycv
to expand the existing McCall Trailer
Pa rk.
The real estate with resp ect to
which this appli catio n w as made is:
A parcel of land in Lot 4, Secti on 9, T
18 N, R 3 E. B .M ., more p artic ularly de-
scribed as follows: Begi nni ng at a p oi nt
225 f eet North and 464 feet West of the
s outheast corner of s aid Lot 4; thence
North 276.54 feet; th ence West 175 feet;
thence S outh 276 .54 fe et to the north
side of We st Park St .; th ence East 175
feet to the p oint of beginning .
This property has or m ay ha ve :he
f oll owing mor e common address: 123
P ark Street .
Dated July 10, 1992.
Sue Ilarley
I'l an ning and
Z oning Cl erk 1 t7/ 16
The
Star -News
P.O. Box 985 11000 First Street
McCall, Idaho 83638.634.2123
City of McCall
P.O. Box 1065
McCall, ID 83638
IINVOOCE
PAGE: 1
INVOICE 140.: 720
INVOICE DATE: 7/16/92
CUSTOMER ID: CMCAL
ITEM / DESCRIPTION
LEGAL-CAWYER HEARING
TERMS: Net. 30
AMOUNT
21.42
McCALI P AAIN6 R LONINt,
EXHIBIT
RECEIVED
SALES TAX
TOTAL INVOICE
0.00
21.42
July 20, 1992
The McCall City Council
The McCall Planning Commission
Post Office Box 1065
Dear People:
I own the property directly across the street
from the Mobile Home courton Park Street. My address is
112 Park Street.
Edward G. Burton City Prosecutor has written
at letter dated June 23, 1992 to Mr. and Mrs. Sam Cawyer
the owners of the aforesaid mobile home park indicating
that they are in violation of Title 3, Zone A, by illegal
expansion of a gradfather right trailer court. I support
Mr. Burton's effort to prevent illegal expansion of this
court.
Park Street already has a very high traffic
count. Greater expansion of this court will only increase
the danger to my grandchildren of greater exposure to
vehicular danger. Ingress and egress to this mobile home
court via its driveway in directly across the street from
my property, therefore I would like to go on record as
opposing all future expansion.
The owners of the mobile home court should be
congratulated and commended for clear ing away the unsightly
mess that was there.
Sincerely yours,
Arthur H. Johnstone
2011 11th Ave.
Clarkston, Wa.
99403
758-2000 758 2535 (509)
McCALL PLANNING & LONINt
EXHIBIT ist
RECE►VED 74'7117
raNN hereby certily we have road and
prover lis document
WARRANTY DEED
For Value Received, Dale C. Fortin and Mabel G. Fortin
husband and wife
the Grantors, do hereby grant, bargain, sell and convey unto
Samuel D. Cawyer and Linda F. Lawyer
husband and wife
whose address is: P.O. Box 525, New Meadows, ID. 83654
the grantee , the following described premises, to -wit:
A tract of land in Lot 4, Section 9, Township 18 North, Range 3
East, B.M., more particularly described as follows:
Beginning at a point 225 feet North and 464 feet West of the
Southeast corner of said Lot 4; Thence North 276.54 feet; thence
West 175 feet; thence South 276.54 feet to the North side of West
Park Street; thence East 175 feet to the point of beginning.
AKA Tax No. 175, 176 and 177.
TO HAVE AND TO HOLD the premises with their appurtenances unto the
said Grantees, their heirs and assigns forever. And the said
Grantors do hereby covenant to and with the said Grantees, that
they are the owners in fee simple of said premises that said
premises are free from all encumbrances except the 1991 taxes and
assessments and that they will warrant and defend the same from
all lawful claims whatsoever.
Dated: ,/3(VW
£ %a r
Dale C Fortin
�1.
State of Idaho
)ss
County of// y ) On the 00 day of 7ilA.-r , 1991 before me, a notary public
in and for said State, personally appeared Dale C. Fortin and Mabel
G. Fortin known to me to be the persons whose names are subscribed
to the within instrument, and acknowledged to me that they executed
the same.
4Ma el G. Fortin
Notary Public
a4 , Idaho
Commission Expires: 6,4 /73
MCCAII ?OWNING R 10NING
EXHIRII
RECEIVEU
NOTICE OF PUBLIC HEARING
The City of McCall Planning and Zoning Commission will hold a
public hearing on August 4, 1992 at 7:30 p.m. (or as soon
thereafter as the matter may in its turn be heard) at the
McCall City Hall, 216 Park Street, McCall Idaho. The hearing is
for the purpose of receiving testimony of interested persons
concerning:
A special use permit application submitted by Samuel and
Linda Cawyer to expand the existing McCall Trailer Park.
The real estate with respect to which this application was made
is:
A parcel of land in Lot 4, Section 9, T 18 N, R 3 E. B.M., more
particularly described as follows: Beginning at a point 225
feet North and 464 feet West of the southeast corner of said Lot
4; thence North 276.54 feet; thence West 175 feet; thence South
276.54 feet to the north side of West Park St.; thence East 175
feet to the point of beginning.
This property has or may have the following more common address:
123 Park Street
Dated July 10, 1992
Sue Harley,
Planning and
Zoning Clerk
McCALI PLANNING & /ONING
EXHIBIT_
RECEIVED —.241042.2.
v •
(>`DrT IJ�l
c
1( A Roc/ r.
LAKE.
i
7
4
so'
3 .&
,
_o
Imo'
19'
4
11
VIA
5'F too'
k
v
r
6s'
i
L'.
00'
TREE'r
•
100. _ .. . IV'
(0 .
P4.u.Lnci
E
'f`•rt'� : f.
F
t1=
PA RIC
1jb
ma :Can Mit
ShµWil H
OrPt
toAiN
it Ile .,
V •,xY
J
A?
b—;
Lai
EY 5 0 ar
nij
_J1
1
£f B�" ��
s
EXfHR
RECE1vt 74a422._—_
I 90'
uo'
41
44"
Gt.
,,L
po , M E. v -76e, I
Q Walker
a VA5rrR sr f
1 "?
1.2.5'
su'
aas
t5 •
da
3 4
_a of
;^s..,_r
v
1� ti� 1�,
}' � O
;.-'µ
L'
�(,NOQC -
Lk4 ,(`V
v/
` (✓ w
: y�
J 0 a
�9y
`4 r °�
yc'
G?�',c%'i�• a
)
U f "4/
, ?'t . ,• :.
1 , / . . .
1'Sv ,:
GI6 5i��
16
4
lAsPa
%j 4 •
1 1 {\
ny r
t93
rf •
mot,%
;
19S
Skven i p'
S. 4 Zug+
' /=-
f
Mi Illmann
y0'
HO'
t✓i'
It I.7'
1..2.s'
SO.
3a5"
i»
so:
1
-- '
lkid
15'' UJ
Po. 717 g(e&1, day -0297/
&r4 1 0424,c- /3/ C o?",2 _.(71 771,-'2,0_9 63v- 73s�
W& iv 104-4- /3S e. crtAs (Po.goK /V7 fircC'a.QP 63/• 83a.s
to -4y -re ,f f j /57 r. � .?2iRocs) Goy - �o 9 z
yeal,L
00/Ma Po. sox 0134? frteeacel 63V-57.1-17
-44-- . J' 7:Aa zt,t, (e PA) 3o-7: Cot& ja t- dar-u.4,_;443(3 o f3g'a
�n�Mt.t.4:- mt4Lf- Po.. 937 i14 c'22 -e B 36 3Y
a1 -t Qo u- Pc ,Box aob me --Q 639-5601
y , s 4cu-r.4 B 0A47 0a-te4; o %1.7�r
etAti Cep-iY_a44d) Pd. Box 937 mtte
win q 8/7 ,v, 771 r , Pte_ (031.5330
/&4s& 4-41/4_ — ,iD, edOk 5:4 Chi a;4; d'Acew, 9711 9
-rt T1.a-4.- /3 / '4 ./E 4/ J`AX 3st 8/ig
2yt`J,. 4 64-1
M- 7/0A. ') Mee'Lp
~�a� Boy
cvs.1.2/4 4 P -�.L Rem y/l c o- .o tr out ��V-� yya
yX
,t;ZQa-dt-t-a?/etc_ __ //c/ .44-41 ( in ceo...2f G35/ -g6 y o
ettatu- 4/43_ P C/LaAe ' /G )244,41" 3q tzs y
kfaileA &,te-&-sc.- Etzait P o. Kok S X,6 `S`Y!rce 6 V - S%, Y
r75yo
%a /& 42Lw Po, B01' G7 SzeLlio7i.7)t,
*CAI' A,NN'NC. !UAW
EXHIBIT 3 ___
At:. ntitift.
-.oX : 4-<-()--V-1^- P:709 A.L+A-c 44-4610ED 719 ! `f 2
am* kat-
/04LA f l/ 7!S _.Y P
G x r 2 f ^L�� . r w Jy= ✓oa
&g (9 Oyu.., .).L.Q Pail Mean
sent CArcJ,. r�.-a— PD, 370477 KKtw., lt'oxat.- l awa,4-% 96739
t04. €'8 L..- ati r- / 26 pQ , i-,L 74 t o &s i-s-P79
1244)- , Ctit.a4,L, /19 4J i 7rl c e- .-M
1311 E Hays Way Robt,t a�uoer. -.'vz�. a..
or
Boise, ID 83712
i
George P erson
c/o U.S orest Service Office
McCa11, t 83638
Donald Eberle
P.O. Box 1091
McCall, ID 83638
John Trailer
P.O. Box 1716
McCall, ID 83638
Kim & Douglas Goin
P.O. Box 596
Ontario OR 97914'
Darrell & Traci Peden
P.O. fax 1152
McCall, ID 83638
Buz IngIebretsen
c/o Darlene Binder
P.O. fax B
McCall, ID 83638
Byron Cochrane
P.O. Box 390477
Kailua Kona, Hawaii 96739
Dr. Eddie broge
P.O. fax 738
McCall, ID 83638
Rev. Arthur Johnstone
2011 11th Ave.
Clarkston, WA 99403
Rand and Tobia Walker
P.O. Box 632
McCall, Ib 83638
Edith Kasper
c/o Eric Spackle
7505 Cherrywood Dr.
Boise, ID 83704
Ken and Debbie Magee
Box 1338
McCall, Ib 83638
Linnet' Mitchel/ & Carmen Cornell
P.O. Box 831
McCall, ID 83638
Mary May
fax 392
McCall, ID 83638
Jerry Blattner
Box W
McCall, ID 83638
Steve & Ingri Millemann
P.O. BOx 1318
MOCAlt, ID 83638
Sharon M & Joy Weller Miller
Box AX
McCAll, lb 83638 110
Leroy M. Johnson
P.O. BOx 747
McCalfID 83638
Michelle & Debra Parfit
McCall, ID 83638
Warren & Patricia Rowland
Box 809
McCall, ID 83638
3ary C. Waite DDS
605 E. Overland
Meridian, ID 83642
Blanche Luce
Box J
McCall, lb 83638
Patricia Hill & Mike Crany
P.O. Box 4150
McCall, ID 83638
Ralph & Caroline Reinke
P.O. Box 586
McCall, ID 83638
James Salfen
c/o Kenneth Quine
P.O. Box 67
galisteo, N.M. 87540
Dave Spielman
Dorothy Shawver
2709 Esquire br.
Boise, ZD 83704
Vern Edwards
c/o Dorothy Shawver
2709 Esquire br.
Boise, lb 83704
Walter Hair
P.O. Box 147
McCall, ID 83638
Jean Odmark
P.O. BOx 238
McCall, ID 83638
Paul's Market
P.O. Box 937
McCall, ID 83638
bale torten
P.O. Box 206
McCall, lb 83638
Paulino & Erma Zatica
P.O. Box 937
McCall, ID 83638
Allen & Helen Derr
817 W. Franklin
Boise, ID
ea-Aidt 744 -nut 44 , p
n
1) LU o2 ,a404-1-2 Lu..4iQ rtea oznfar
ec,•t,42e-.1<;taite_ 4,021- aZgotA.4:j fp+
41i Ati-cJ icLei Le_ a_ 17 a
C- 4
b �t ze ,r
4q5Lti ,teidaz414_ 4) se
(o.) / AntS7 O -nc a- Aaa.� Gfi
d
(0)O 17o .frtt- -ec tca1i, r` A -t-Z 42 01 ..i&4)
(1) ° in o 414 u_ l- ` - 6pa ux.,Q S2444.teAnA7
r
1E2) 710
Oyu af
710
z+cd wLti A Atteiddy
A-0_ tt L k
(A)P AALeitt- .),;4 tun4i bad
retet4) 5r2g,
(--4) atz- ,tJ arte7
Cs) ti f Z
MCCALL PLANNING & ZONING
EXHIBIT—�'—/----- —
RECEIVED 1—{
lqk oe2:i.? (: I
-4-G2.zw&A- sa. eAadifid 4,e-t.K,
CV(A) tv AJ t- deAtti-eew w, ,�'�'
--etet Att-wt4t- Pax} Al.yu.al 4' Coal
00) a)ILA .. Petiatat
61-4".t a.4444 ,l
Gu..l_ QA,c ,%u i44 cw- p a.2 ‘ a4 ft.eitca-
Ct/-1-o--;" Et-
te4tw 0-ed
$ e'c4.cier ig
eu4 emt fit4C-441 A a-0-1 it4 eig-44-erit*C
12"u -.c tick_ a ott 44,o -m a- Luczlc, ! ,�,1 * +�
trt:e lanct irt finnwed4._. ale -
Ge�ye� , i LeA..- Q -
e ms, t , .. o,C'�
ctvirtette2
� ft- 1f
(c) Gyre flu flit, .QBtt p/cc
P eC'-rtiP . cl ces
4 /mattZi' zi
Pet
•
Atj A a4y 70 `°,
84 f22/42
-€214 (iii /how)
07? ✓lbw etel c ku., Ati 4-1 -
AiLel /k -o-1 £c J -11-{-c -dQ — wSU
42- 23 area:-
l w. 6, zeAke4cel "-etc-4
0 -&t -t2 .,lam ,to a /met
ALF dIttnk . fA J
t4o< &w 8 X 3o %,u Itu.ct Ce
Tt cat J Le Ci-yo d i - /c / "2 a , .`
.
,92aws to"
14-, .0,/tetra-_ .
,A241C-A-a w
011 e a i 4Alt 2
4-
0
&A -1 .I cv P CIM - /l c.o ^z J1
24VG fr ri nc-; a/ b
xix -"Med A, t- a _ eA Li
C4&_4-aU 14 ,v eikC-1J; &-t e 71 ? 4--
"eo-re t tt 1 £-ta 4 ;Yea a
.e.„-ani4;t_42.
a to -t LA,A, a fr-) -wa. V t . rte/
Ivetew, rnA 660_44+
Q IAL€ way d di, xz
Goat a u b -e ate.- - AeLe t q s
Pa
��r,�,-,, a O Gs u x, a� , C per;
--ma4Atit eArre,, 60.e-
/ AC V1 /0d �e de7o ✓,ia✓ d or„G� /
• d &if•
fl
r
lS 416 wal � ag PJ a. tt-e2J Re/ u'.
/6v
(f) / a ' vu4.•QQ Q /Lqd' a ec.
(p) tW OAL zAtc:-Q Q
)21D _tactelirni2.44.41> wa2tc_-.'
wt 4tal e k,2
(/U P
) - wzju '2 44-0 mt,64:tc- iL
e to m u��u 4,.4_ a
P4
4A -t_ Lu.tii 64 AtAt) &31 "tatty,
1
) T Aj J -Q Lt �` "
D- .4 dyik,A4autu
01;_tt zee,
n vOafrna.Ake-LO 1-121.4A istAti) 1.4.1(131414/
or a 3' A. t,a- 4 & pA -
a -a- � T
Cc) ac_ G2a .) — 4 . G<—
� CA' An./ lo
(c ).2r .e4.,
.0) 4o -e -L : a.G �..,f tc$2 s -A . - 01 A
(E) .2Q-« -61.a ,v✓ (a3')
4 -wt 2eu.- _ /1C4 6Wt 44to ,
CO Pa .,.f -to cua. ,
�/le r�.-f.-PAtertweetese.--71-eh Art eh Ailfry
I )X-a-sc-1 pAlta, / ' 4 ediczei
63-2) to-i 614:-&_ trlite.-
(13 3) 1/11 J L 0-41132-k
2-k
(D) ,'& 2 -Lod-
(C) 2411 74,a i/.-.f, A -4/4J)/
.� � Ate;
p
fl
•
- ,yuo f
V `12o
p
D) I o p 4;4.-
2-)
t //
17o .e4-1.a.ut 41G-6Lt>
lutftti
LiXAi , .e,� �w ! iteeLt piptatiL7 Lakdeztet
c) aiatord 4.424'U"" -- Iateci e 4r
fro
64)
e) <<
Goy, . .i9 , bleA .1 eta.,.e.u•
w
w
'1
e P, . 7 - ' - ►"/Hl
"i-9 Cnyu�
o1 S9// „fr )'"Y, / P (2)
no t spy 0, --in -17 On inofir't4r4 N r"verd„
4-1narre ei, n-rry- -‘7 r47' -n."9" frnn -7'
"r'� tea f -n fn""'� ^-a11,02
r -rnnickli Mtifv elidterefrra(14
/°-nr) -r 07 P 44r�rrn t77 OW (CO
r7 ,71 -P7747 r7-9 /207 (D)
" 4-41, r-tr- r414
7A nn_ "?r -p? -7 ra —re 0,)()
"r roti , :nine
-)7y()T "VP
0
s DieRd
n
n
t Lt,4' ,4Q,w'O-✓
P pcc/ al
renfrut AA.4-A Arsita‘i
(4 . w
c )L o A4o-4 is A-mai
re4 &f Sao ea .9C -
ofizettt
c extwaft yosc, d
aunti-- 61 eta Lea
iLaAi
rye 6E9
1.19 yrin-
�-r ( 2!) -,,,,nti — iW n> -19
ferri
71 4
n r�•2-,v a ry� u! �'fr d' r7 (7V? Yfl 7V r ( y)Vii'
rv' t 'net, -rn7
yon t -r 701 k)
/ ) Y3% Qy (7)
it-vAo (" 'tv%7rn (�
/.-" % vrei r �� - tL7r 'savvy ' r 47 60
//CC N -r Mn' 7v0 Ye 'J o ir .
rr a)2rP tvvrir-ri nfi L- ' - (
/r rnr 14// -vf 2 ? 7 ->n -y YO e
inny Yn1 (4)
/ ''a-e-ay�r-n/ ?° Y1 -v d' 27) (v
r r4 41/ 'frrilY
' WV' �
-e --12
fl
v
0-
(4)04)(A) Lin- pAda,„,
CITY OF liCALL
Planning and Zoning Commission
P.O. Box 1065
l3 all, Idaho 83638
APPLICATION FOR SPECIAL, USE PEPMLT
Name fJ,-��}/r�A -P� .
Address: 7 2 '4%13 //- 1714 e (,4//
Description of Proposed Special Use(Attach if nercessary)'/'
9 (Le/ s»nco s r ' lLc % c.✓/ 7 afcY
of L� (� ' "(
p pi? !n/ Wets.,
Phone(H):
Phone(w):_
Zoning— ? — 144 density residential Comprehensive Plan Designation
I FEE: A $100.00 fee must accompany this completed application.
Leal Description of Property: Lot S. -0/.'04)v ;,,,,,zy4yr1 /
l A,J.1 ^/�4 i:Li& cic Atr TJ6 'r . )w,.e/tAS (4/' rairr nJ.,
QlJryr.C.J,^'(� d-! ff ,/Pr.v!-.7R r-.� / %to7L I/0dI5J
J ;d /el //' -7/v'./r4e dreib 1%6"S�"`c.�'7�piled api 7rfni•tie e >n..1/. 99L:Ss/ « <
/ /NN;i✓�, r4V /to, /7�, /7l Nn/d /77,
A�wti/� Pick- 7�.ac� .7. ;.�,� %c 7�r. ?el a �;
This application shall be accompanied by:
1. A plot plan of the property, drawn to scale, showing the following
information:
a. Relationship of the proposed development to the Carnprehensive plan.
b. The relationship of the property to the surrounding area.
c. The plan of subdivision or resulrlivision, if any.
d. Land uses, building location & number of dwelling units.
e. The arrangement of streets and pedestrian ways.
f. The location of off-street parking spacPc and loading or service areas.
g. The location of public or canmunal open space.
h. Plans for site grading and landscaping. 5q G
i. Plans for water supply, sewage disposal and storm water drainage.
j. Such additional information as the Commission may request.
2. A narrative statement evaluating the
leffec corn fumes andadjoining property;
the
e
effect of such elements as noise, g mesa with adjacent
adjoining property; a discussion of the general compatibility
and other properties in the district; and the relationship of the proposed
use to the Comprehensive Plan.
,t /isf. cc
3 Statomor*Q-Ly all property owners within three hundred feet (300') of the
subject property.
Upon receipt of a request for a Special Use Permit, the Planning and Zoning Commission
shall set the date for and hold a public hearing and subsequently make recommendations
to the City Council for approval or denial of the requestis and Action by Affect e
e
provisions set forth in Chapter 24 (Procedures, App MCCALL PLANNING & IONING
Persons) . EXHIBIT 1 /
RECEIVED 7 I/ 1 /9 -a
City of McCa11
OFFICE OF THE CLERK
BOX 1065
MCCALL. IDAHO 83638
September 11, 1992
Mr. and Mrs. Cawyer
P.O. Box
McC&11, Idaho 83638
Dear Mr. and Mrs. Cawyer,
On Septeeber 10, at their regular meeting, the McCall City
Council took up the City Planning and Zoning Commission's
recommendation on your request for a Special Use Permit to
expand your traiior park. The Council acted to adopt the
Commission's Findings of Fact and Conclusions of Law, a
copy of which is enclosed, and to approve your request
under all the terms and conditions outlined in the Findings
and Conclusions.
You may now proceed
are secured. Thank
and your willingness
were encountered.
with the project when building permits
you for your patience with the process
to work through the difficulties which
If I can further assist you, please contact me.
Sincerely,
�J%
Arthur J. Schmidt,
City Administrator
CITY OF McCALL
MAYOR AND COUNCIL
FINDINGS AND CONCLUSIONS IN SUPPORT
OF APPROVAL OF A SPECIAL USE
The Mayor and Council find that:
1. A petition for approval of a special use was presented
for public hearing on July 28, 1992 by Samuel D.
Cawyer, as owner of a metes and bounds description
within Government Lot 4, Section 9, T. 18 N., R. 3 E.,
B. M.
Beginning at a point 225 feet North of and 464
feet West of the southeast corner of such Lot 4;
thence North 276.54 feet; thence West 175 feet;
thence South 276.54 feet; thence East 175 feet to
the point of beginning,
also known as 123 Park Street, to "put in 9 new RV
spaces on the front of the property." Such application
came before the Council upon the recommendation of the
City Planning & Zoning Commission, on September 10,
1992.
2. The necessary notice was given.
3. The land in question is in Zone B, as is the adjacent
property to the Northwest, West, Southwest, South and
Southeast. Land to the East across the lot lines is in
Zone B along Park Street, and Zone C east and northeast
along Lake Street, and is occupied by Paul's Market.
Further West along Park Street but within the same
block is the Supervisor's Office of the Payette
National Forest. Conventional housing is across the
street and generally prevalent on the street. The
neighborhood seems to be a transition area between
residential, commercial and office uses.
4. The proposed use meets the standards of MCC 3-22-6 as a
matter of fact, provided certain conditions of approval
are met.
5. The proposed use is appropriate, and will provide a
useful, less obtrusive buffer between commercial uses
and the developed residential areas to the West and
South.
The Mayor and Council conclude that:
6. The proposed use meets the standards of MCC 3-22-6 as a
matter of law, provided certain conditions of approval
are met.
FINDINGS AND CONCLUSIONS IN SUPPORT September 10, 1992
OF APPROVAL OF A SPECIAL USE
7. The proposed use is appropriate.
8. Conclude that the special use should be permitted, and
such application is by this document approved, subject
to the following conditions of approval which are to be
met prior to occupancy:
a. Construction, landscaping, and use shall be in
accord with the plans submitted to the City with
the application, except as modified to conform to
the balance of these conditions, and the use shall
be limited to seasonal or month to month rental;
shorter term or overnight rental is prohibited;
b. A sight and sound obscuring fence (solid wood or
masonry) shall be constructed along Park Street
and returning not less than 20 feet down the side
lot lines; the fence shall be six feet tall and
shall be maintained and landscaped;
c. The number of travel trailer units permitted on
the expanded area along Park Street shall be
limited to not more than 8;
d. All NFPA Code requirements respecting the
separation of mobile home units shall be met, and
the individual locations and separations for
travel trailer units must be reviewed and approved
by the Fire Chief;
e. No covers or snow shed roofs shall be permitted in
the area of expanded use;
f. Park rules shall be developed and published to
control noise after 10 PM, and shall be enforced,
and the Owner shall take measures to evict any
tenant breaching these rules;
A drainage plan shall be submitted for approval by
the city public works department, and drainage
other than onto neighboring properties shall be
provided and maintained;
h. Commercial sewer hook-up fees for the expanded
number of units on the property in question shall
be paid;
i. A total number of parking spaces shall be provided
within the combined existing McCall Trailer Park
and the expanded area not less than equal to the
number of dwelling units present and anticipated,
plus 6 spaces, for a projected total at the
present time of 28;
FINDINGS AND CONCLUSIONS IN SUPPORT September 10, 1992
OF APPROVAL OF A SPECIAL USE
g•
7•
Occupants of the McCall Trailer Park and the RV
expansion shall not park on Park Street, and the
Owner shall take measures to evict any tenant
breaching this requirement; and
k. Occupancy in compliance with the terms of this
approval shall be achieved on or before one year
after the date of City Council approval, or
approval shall lapse and be void.
Dated: September 10, 1992
Attest: l;71/
Arthu J. Schmi
City Clerk
Laurance A. Smith, Jr.
Mayor
FINDINGS AND CONCLUSIONS IN SUPPORT September 10, 1992
OF APPROVAL OF A SPECIAL USE
City of McCall
OFFICE OF THE CLERK
BOX 1065
McCALL. IDAHO 83638
TO WHOM IT MAY CONCERN;
The attached notice is sent to you since you are an affected
property owner within 300 feet of the proposed zoning
action. You are invited to attend the public hearing
and comment or to respond in writing prior to the hearing date.
rthur J. chmidt
City Clem
NOTICE OF PUBLIC HEARING
The City of McCall Planning and Zoning Commission will hold a
public hearing on August 4, 1992 at 7:30 p.m. (or as soon
thereafter as the matter may in its turn be heard) at the
McCall City Hall, 216 Park Street, McCall Idaho. The hearing is
for the purpose of receiving testimony of interested persons
concerning:
A special use permit application submitted by Samuel and
Linda Cawyer to expand the existing McCall Trailer Park.
The real estate with respect to which this application was made
is:
A parcel of land in Lot 4, Section 9, T 18 N, R 3 E. B.M., more
particularly described as follows: Beginning at a point 225
feet North and 464 feet West of the southeast corner of said Lot
4; thence North 276.54 feet; thence West 175 feet; thence South
276.54 feet to the north side of West Park St.; thence East 175
feet to the point of beginning.
This property has or may have the following more common address:
123 Park Street
Dated July 10, 1992
Sue Harley,
Planning and
Zoning Clerk
oici{-e 6 /,44 r
Si11i 7-4-34
(1)
�1� aor inar
etrrums % or
49(1-1A /99z
tke. Atecv
Q MR ut harcis ;p, to egalt
Z General Func/
re(otharsemenfi / z �p/�
C) uer cr(Demi& ce�
fry.
g g riat
Lett -
6U -e AS atc Atc4,2-4--
SEND WHITE d PINK COPIES INTACT. WHITE COPY WILL BE RETURNEDWITHREPLY✓ P
e/t
To
za e/sex-n/ 4/7 •
FROM
m-4-
suU(c T
Ale% o.ld 4 2v R4E-4
MESSAGE:
CITY OF McCALL
P.O. BOX 1065
McCALL, IDAHO 83638
(208)-634.7142
Pere
A•17� 0/..J dc J E l/ 5,,i -*e c S e �!A.G�c € /ec MS /`)O J A Ji�
ai se
,0ot1 y /�f .� 1�06 o��,d' j am, �Y
-74 O/- d.w // due ,46 to: -
0Alci - PO NOT *RITE ALLOW TATS
REPLY
PAT(
SCISO PART. 1 AMO $ INTACT -PART 1 WILL Pr R ETVIIMCP WIT" IMPLY
MADE- 068.3
RETURN TO ORIGINATOR
-
.1