HomeMy WebLinkAboutCarstenson, Debb AUP
HUB OF TREASURE VALLEY
A Good Place to Live
COUNCILMEN
RONALD R. TOLSMA
ROBERT GIESLER
MAX YERRINGTON
ROBERT D. CORRIE
OFFICIALS
WAYNE S. FORREY. AICP. City Clerk
JANICE GASS. Treasurer
BRUCE O. STUART. Waler Works Su pI.
WAYNE G. CROOKSTON, JR., AllorMy
JOHN SHAWCROFT, Waste Water Sup!.
KENNY BOWERS, Fire Chief
BILLGOAOON, Police Chief
GARY SMITH. P.E" Cily Engineer
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone(208)888~33
FAX (208) 887 -4813
GRANT P. KINGSFORD
Mayor
Chairman Zoning & Planning
JIM JOHNSON
Centennial Coordinator
PATSY FEDR1ZZI
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITHIN THE CITY OF MERIDIAN
the
considered by
answer by:
c:l1a.+etW ~,
p~.
3" ~ R'J
+0 ~~ ~\M:'~
D Q,\oto ~ rsk", ~lA
....I?tlO E. ~UJ&~ siv'J.
140.1 c;:jpJifJtSl4A.
,
TRANSM ITTAL DATE: :r~ I f (qq"3
REQUESTt~~~ . U~ fb~
BY: . . th\v5,
HEARING DATE:
rq93
<z~aJ
LOCATION OF PROPERTY OR PROJECT:
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE (PREL.& FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
/'
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRR. DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO. (PREL. & FINAL PLAT)
U.S. WEST (PREL. & FINAL PLAT)
INTERMOUNTAIN GAS (PREL. & FINAL PLAT)
BUREAU OF RECLAMATION (PREL. & FINAL PLAT)
WAYNE FORREY, AICP, PLANNER
CITY ATTORNEY
CITY FILES
OTHE R :
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
BOB GIESLER, C/C
MAX YERRINGTON, C/C
BRUCE STUART, WATER DEPT.
JOHN SHAWCROFT, SEWER DEPT.
BUILDING INSPECTOR
FIRE DEPARTMENT
POLICE DEPARTMENT
GARY SMITH, P.E. ENGINEER
OFFICIALS
WA YNE S. FORREY, AICP, City Clerk
JANICE GASS, Treasurer
BRUCE D. STUART, Watar WorKS SUP!.
WA YNE G. CROOKSTON, JR.. Atlornay
JOHN SHAWCROFT, Waste Water Supt.
KENNY BOWERS, Fire Chief
BI Ll GORDON. Police Chief
GARY SMITH, P.E.. City Engineer
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433
FAX (208) 887-4813
GRANT p, KINGSFORD
Mayor
COUNCilMEN
RONALD R. TOLSMA
ROBERT GIESLER
MAX YERRINGTON
ROBERT D. CORRIE
Chairman Zoning & Pfanning
JIM JOHNSON
Centennial Coordinator
PATSY FEDRIZZI
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITHIN THE CITY OF MERIDIAN
the
considered by
answer by:
TRANSM I TTAL DATE: :rLMSt. , I
REQUEST: Ac~tH"fu~
tdML .
BY: thllr5,
(qq ~
.
fJ2AVAAl-
HE~RING DATE:JLW It (&:(9'3
,
+0 ~ ~\M~~
D Q,\ofa ~ vskll\ M'^-
I 8'"1./0 E. ~ WOt~ r.wJ.
;Je.'l ~ J,J. [wi (r1.A
,
cZ~aL
LOCATION OF PROPERTY OR PROJECT:
c nct+qau ~,
~~j-
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, CIC
BOB CORRIE, CIC
BOB GIESLER, CIC
MAX YERRINGTON, CIC
BRUCE STUART, WATER DEPT.
JOHN SHAWCROFT, SEWER DEPT.
BUILDING INSPECTOR
FIRE DEPARTMENT
POLICE DEPARTMENT
MERIDI~N SCHOOL DISTRICT
MERIDIAN POST OFFICE (PREL.& FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
/'
CENTRAL DISTRICT HEALTH
NAMPA-MERIDIAN IRR. DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO. (PREL. & FINAL PLAT)
U.S. WEST (PREL. & FINAL PLAT)
INTERMOUNTAIN GAS (PREL. & FINAL PLAT)
BUREAU OF RECLAMATION (PREL. & FINAL PLAT)
WAYNE FORREY, AICP, PLANNER
CITY ATTORNEY (p - 3.. 9 :3
CITY FILES
OTHER: :cr At-L (!..oDe~ ~t<.e me/-
;;;", fhe. /lJUv.../hJlr CJ 'Ck')cfJrevJ l T/......e.. ;:; tf!r5 iJ<e,of
wtt.-L Not "true. 1'1- 'j),'oh/..t~......... '"
,
GARY SMITH, P.E. ENGINEER
KuJ. 75oo..J~rs
. .;:'
ACCESSORY USE APPLICATION
lDt.tO f.. 1"l&f\L:t;<-0 (2coD &-
UGg:s rf\~Slf~~N
t"-t\&elDlF\~ 'J"D ro0-\~
1 ;
Appllcant's name and address:
';' \
.:.. ,
Owner's name and address:
:sA:lVl..f (\ s. ~"E
3) Address of sub,] ect property: ~f A:S (\&JtJ..t;
4)
Legal descr~ption of subject property:
IAttach descrLptlon
if lengthy) _I--Of ~ ~cxx...,d- C ~ t'A&~D~ }::'J\,:::"T;t\-. \
5) At tach a copy of proof of ownel-ship deed: C Cl,i=F ~c~~)
E,)
Slze of parcel or lot:
-=t~l )( \001
7} Present zone of pal.eel or lot: --R ~
8)
Prlncipal permltted use:
eES I \::;;f(\.Y\U~' L_
9J
Use made of all abu~tLng lots or parcels:
t\ONllS ((&:::l\")&rJT~
10) Accesso".ry Use requested and describe the use: \='\\iVlJ..l-'i (' \-\:-ILD
(ROC.lS \-bM.,&
11) Are there other accessory uses of a similar nature 1n the
area:' If so state 'the l()I;:at:i..on and the accessol-Y use:-p-
'()CRy 't,mLSA~ Li:;coD SO / F\\-f'J\\L'-.lsC~\.DC~5 ~fr:AE
I
12)
1:3 )
14)
15)
16)
Names and address of owners of all abutting land owners: (If
lengthy attach a lot oi owners and address*) (Abutting land
include those across the street on alley and k1tty corner
1ncluding kitty corner where a street or alley is between
your property and the other property):
State any poss1ble adverse impacts on adjacent property such
as n018e, traff1.c, excess light, odor; etc. :~OrJE
Do you agree to pay increased sewer~ water or trash iees if
such are required due to increased use? YES
Has the fee of $80.00 been attached heretO?~tS
Ii the accessory use includes construct10n of a building on
the lot or parcel complete the follow1ng:
a. Will all parts oi the accessory building be located
within the lot or parcel?
b. Is the pr1.mary building already constructed?
c. Is the accessory bUilding to be attached to the primary
bu:i.lding?
1J. .
W111 the accessory bU1.1d1ng be constructed in the
yard of the pr1mary building?
real.
e. W:i.ll the accessory bU1lding occupy less than 40% of the
required rear yard for the primary structure?
f. If the answer to e above is no, will the accessory
structure be connected to the primary structure and
w111 both the primary and accessory structure then meet
all yard and court requ1rements?
';1.
Does the he1ghth of the accessory bUlld1ng exceed
feet?
1 ;:1
h. Ii the lot or parcel 1S zoned commerc1al~ is any
abuttin(;j prcl'per'ty zoned resident1al and if so~ w11l the
accessory use occupy any at the front yard?
17. If the accessory use is for a Family Child Care Home,
complete the following:
8.
Is a State of Idaho baS1C day care license requlred tor
this type oi iaci11ty? If SO~ attach a copy oi your
l.icense. N/
I~
b.
H,:ve YDU applied for or received an Dccupancy perm;:?
It so attach a copy of your applicat10n or permit. N
c.
Is one
'i~
off s~reet parking space per employee provlded;
d.
If the
street
No
home 1S located on an arterial or collector
is an off street child pick-up area provided';'_
e.
Is screen1ng oi adjacent
d d' \/~
propert1es prov1 e t i~
f. Is the play area for the children fenced from streets
and neighbors? If so what is the fence height and type
of constructlon>;' ~f,~ Cd - Sc.A_\D v-.)OOD f::FMili
18. I~ the accessory use 1S for a home occupatLon, complete the
following:
8.
b.
Are only family members residing in
res1dence?
the pr'incipal
Is the use of the residence as a home
inc~dental and subordinate to its use as a
occupation
res~dence'?
c. Will the home occupat1on use more than 25% of the floor
area of the dwelling?
d. Will any ~tem be offered fo~ sale that LS not produced
by the dwell1ng occupants of the prernises~
e. Will electrical or mechanical equipment be installed
other than such as is customarily incidental to
domestic use?
f.
How much traffic will be gene~ated by the
occupation'?
home
g. Will off street parking requirements be met?
h. Will equipment or processing create noise~ vibrations~
glare, ~umes, odor or electrical inter~erence
detectable to normal senses 011 the lot or parcel?
i. Will the dwelling be altered or the occupation
conducted which would cause the premises to differ from
its residential character? If so, how?
19.
!)ATED THIS
\D
DAY OF
. 1993
STATE OF IDAHlJ)
5S.
GOUMTY OF ADA
On this day of , 19___, before
me, the unders1gned. a Notary Public in and 10r said State,
personally appeared
known to be to be the person(s} whose names are subscribed to the
within instrument and acknowledged to me that (he,she,they),
executed the same.
IN WITNESS WHEREOF. I have hereunto set my hand and a~fixed
my official seal the day and year in this certificate f1rst above
-.aT':!. ttefJ.
(SEAL)
NOTARY PUBLIC FOR IDAHO
RESIDING AT
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901.2789
'i 'II. ')-'- ')' ,":-- 'l - ,,' '.--
~ ...........-/ --
,
CHATEAU MEADOWS EAST NO. 1 SUBDIVISION
RESTRICTIVE COVENANTS
The undersigned, being the owners of the prOpBrty
hereln~fter oe~erite~~ ~~ h~~~t~ ~~~~\ \~% ~~lt~win~ ~~~t~0tive
covenants in their entirety to apply to real property to be
subdivided and contained in a subdivision to be known as CHATEAU
~ffiADOWS EAST NO. 1 SubdivisionJ a portion of the SW 1/4. of
Section St Township 3 Northt Range 1 East, Boise Meridiant Ada
County, Idaho.
The said Chateau Meadows East Subdivision is divided into
single family residential lots in compliance with the local and
state regula t fons and laws.
The following covenants shall run with the land and be in
force and effect as outlined below unless or until terminated by
agreement of the owners of seventy-five percent (75%) of the land
in the subdivision and after all lots therein have been sold by
Interwest Development Corp., hereinafter called "Developer".
Modification or termination of these covenants. can only be made
with th& consent of the Developer while any lots in this
subdivision remain in the ownership of the Developer, and are as
follows:
(1) No building, fence, wall, structure, improvement or
obstruction shall be placed or permitted to remain upon any ?art
of said property unless a written request for approval thereof
containing the plans and specifications therefore, including
exterior color scheme, has been approved in writing by the
Architectural Committee. The approval of the Committee shall not
be unreasonably withheld if the said plans and specifications are
for improvements which are similar in general design and quality,
and generally in harmony with the dwellin~s then located on said
pr opert Y.I
(2) Variances in building set-back requirements shown on
plat may be given by the Architectural committee upon proper
showings and so long as the Meridian City ordinances on set-backs
are met.
(3) The ground floor area of the one-story bouse in this
subdivision shall not be less that 1300 square feet on the ground
[loor excl ud i ng covered por ch ar eas t breezewa~.s J garages or
patios. Two-story and trf-Ievel homes shall have not less than
1400'square feet, exclusive of the covered porchesJ entrancest
garages or patios. One-level homes. with basements shall have a
minimum of 2400 square feet with the ground level having a
minimum of 1200 square feetJ also exclUding covered porch areas,
breezeways, garages or patios.
~
4
Any other requests by lot purchasers must be approved by the
Architectural Committee. Dogs shall not be allowed to run at
large.
,(20) No shall be conducted on the above propert.,y
unless lee-an er 'tted unde the exist' 17 nd l"evailin17 zo e
res rictionsJ If permitted~ no business or commercial use shall
be allowed that cannot be conducted within the residence of the
owner. No signs shall be installed to advertise said business.
~o oil exploration or development of any nature or kind or mining
exploration, development or structure shall be permitted upon the
lots in this subdivision.
(~1) Only one (1) outbuildin~ per lot will be allowed. All
outbuildings shall be constructed of good Quality building
material, completely finished and painted on the outside and
shall be of good quality and character that will be in harmony
with the other buildings on said property and must be approved by
the Architectural Committee.
(~2) No building or structure shall be placed on said
property so as to obstruct the windows or light of any adjoinin~
property owner in said subdivision.
(~3) Additional easements: In addition to the easements
shown on the recorded platt an easement is further reserved five
(5) feet on each side of all other lot lines for installation and
maintenance of utilitiest irrigation and drainage.
{a) Within these easements no st~ucture, ?lantin~ or other
material shall be placed or permitted to remain which may dama~e
or interfere with the installation and maintenance of the
utilities, or which may change the direction of flow of water
through drainage channels in the easements.
(b )1
its ha 11'
except for
utilit~,. is
The easement area of each lot
be maintained continuously
those improvements for which
responsible.
and all improvements in
by the owner of the lot,
a public authority or
(24) This subdivision is within the Nampa-!'1eridian
Irrigation District and subject to any and all assessments of
said district. The developer has made prOVisions that provide
for future delivery of irrigation water to the individual lots.
The actual construction and expense of said system is the
obligation of the lot owners, as their option, and not the
developer.
:z:;~..:.;.,~__.".- -;
NOTICE OF APPLICATION
NOTICE IS HEREBY GIVEN pursuant
to the Ordinances of the
City of Meridian and the laws of the State of Idaho, that
DEBB M. CARSTENSEN'
has
filed
with the
Zoning
Administrator of the City
of Meridian an Application for an
Accessory Use Permit for the operation of a Family Child Care out
of her home at
1840 EAST .M:EADrn WOOD STREET
Comments, either objecting or approving, said Application must be
filed with the
Zoning Administrator within
fifteen (15)
days
after the publication of this notice and shall
be addressed to
Jack Niemann, Zoning Administrator, City
of Meridian,
33 East
Idaho Street,
Meridian, Idaho.
If there are objections
filed
withln the time allowed the Planning and
Zoning Commission shall
hold a public hearing on the Application, after
proper not lee.
and may grant or deny the Application, after making and adoptlng
Findings of Fact and Conclusions of Law.
The property at
1840 EAST .M:EADrn WOOD STREET
1 S
more particularly described as LOT # 5, BLOCK #2, CHATEAU MEADa~S EAST ~1
Merldian, Ada County, Idaho.
Any and all interested persons
are welcome and
in y it ed to
submlt comments.
10
day of
fJliP! ,1 9 33
~~~
DATED this
NOTICE OF APPLICATION
NOTICE IS HEREBY GIVEN pursuant
to the Ordinances of the
City of Meridian and the laws of the State of Idaho,
DEBB M. CARSTENSEN has f i I ed wi th
that
the Zoning
Administrator of the City of Meridian an Application for an
Accessory Use Permit for the operation of a Family Child Care out
of her home at
1840 EAST MEADCW WOOD STREET
Comments, either objecting or approving, said Application must be
filed with the Zoning Administrator within
fifteen (15)
days
after the publication of this notice and shall
be addressed to
Jacl-: Niemann, Zoning Administrator, City
of Meridian,
33 East
Idaho Street,
Meridian, Idaho.
If there are objections
filed
withln the time allowed the Planning and
Zoning Commission shall
hold a publi~ hearing on the Application, after proper notlce.
and may ~rant or deny the Application, after making and adopting
Findings of Fact and Conclusions of Law.
The propert y at 1840 EAST MEADOW' WOOD STREET is
more particularly described as wr # 5, BLCCK #2, CHATEAU MEADa^lS EAST ,#1
Meridian, Ada County, Idaho.
Any and all interested persons are welcome and
invited to
submlt comments.
DATED this
22nd
day of
..'Eebruary
19.~
~
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the
city of Meridian and the laws of the State of Idaho, that the
Planning and Zoning Commission of the City of Meridian will hold
a public hearing at the Meridian city Hall, 33 East Idaho Street,
Meridian, Idaho, at the hour of 7:30 o'clock p.m., on June 8,
1993, for the purpose of reviewing and considering the
Application of DEBB M. CARSTENSEN for an accessory use permit at
the property located at 1840 East Meadow Wood Street, Meridian,
Ada County, Idaho.
The Applicant requests an accessory use
permit for the operation of a Family Child Care Home at the above
property.
A copy of the application is on file at the City Clerk's
office at City Hall, 33 East Idaho Street, Meridian, Idaho, and
~s available upon request.
Public comment is welcome and will be taken and heard.
DATED this ~ day of May, 1993.
\ A~~fVv\-7. ~
WAYNE FORIEY, CIT C:ERK ,
NOTICE OF APPLICATION
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the
City of Meridian and the laws of the State of Idaho, that
DEBB M. CARSTENSEN
has
filed
with the
Zoning
Adminlstrator of the City of Meridian an Application for an
Accessory Use Permit for the operation of a Family Child Care out
of her home at
1840 EAST M:EADCW WOOD STREEI'
Comments, either objecting or approving, said Application must be
filed with the Zoning Administrator within fifteen (15)
days
after the publication of this notice and shall
be addressed to
Jack Niemann, Zoning Administrator, City of Meridian,
33 East
Idaho Street,
Mer i d i an, I d ah o.
If there are objections filed
withln the time allowed the Planning and Zoning Commission s~all
hold a public hearing on the Application, after proper notlce.
.
and may grant or deny the Application, after making and adoptlng
Findings of Fact and Conclusions of Law.
The property at
1840 EAST MEADCW WOOD STREET
15
m 0 r e pa rt i cuI ar 1 y de scr i bed as LOT # 5, Br..cx::1< #2, CHATEAU MEADClvS EAST ,#1
Merldian, Ada County, Idaho.
Any and all interested persons are welcome and invited to
submlt comments.
DATED thlS
22nd
day of
-February
lS',~
-G~A/ .r l.,~^. .
b1_0_"L~i:= E ~QE_Jj!::J?iB :I:NG
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the
City of Meridian and the laws of the State of Idaho, that the
Clty Council of the City of Meridian will hold a public hearing
at the hour of 7:30 o'clock p.m.. on August 17, 1993 for the
purpose ot reviewing and considering the Application of Debb M.
Carstensen for an accessory use permit at the property located at
1840 East Meadow Wood Street. Meridian, Idaho.
The Applicant
requests an accessory use permit for the operation of a Family
Child Care Home at the above property.
A copy of the application is on file at the City Clerk's
office at City Hall. 33 East Idaho Street, Meridian. Idaho. and
lS available upon request.
Public comment is welcome and will be taken and heard.
D{.)TED this -~.lq,~ day of July, 1993.,
W;;;YI}~~h~
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BEFORE THE PLANNING AND ZONING COMMISSION OF TEE CITY OF MERIDIAN
DEBB M. CARSTENSEN
ACCESSORY USE PERMIT
1840 EAST MEADOW WOOD STREET
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
June 8, 1993, at the hour of 7:30 o'clock p.m., the Petitioner
appearing in person, the Planning and Zoning Commission of the
Ci ty of Meridian having duly considered the evidence and the
matter makes the following Findings of Fact and Conclusions:
FINDINGS OF FACT
1. That a notice of a public hearing on the Rezone
Application and the Conditional Use Permit was published for two
(2) consecutive weeks prior to the said public hearing scheduled
for June 8, 1993, the first publication of which was fifteen (15)
days prior to said hearing; that the matter was duly considered at
the June 8, 1993, hearing; that the public was given full
opportunity to express comments and submit evidence; and that
copies of all notices were available to newspaper, radio and
television stations;
2. That this property is located within the City of
Meridian and the Applicant owns the property which property is
described in the application which description is incorporated
herein; that the surrounding properties are residential homes.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 1
3. That the Applicant requests an accessory use permit for
the operation of a Family Child Care Home; that such use requires
an accessory use permit in any zone where allowed.
4. That the property 1S contained in the CAIRNS
neighborhood as designated on the Policy Diagram at Page 7 of the
Meridian Comprehensive Plan; neighborhoods are defined in the Plan
at Page 6 and states as follows:
"Definition: The neighborhood is a residential area
with uniform characteristics of a size comparable to
that usually served by an elementary school or a small
business convenience center or a local park. Although
neighborhoods occur in various shapes and sizes, a
section of the City measuring one-half to one and one-
half miles across is usually used for planning purposes.
It has facilities within easy walking distances and
provides the basis for community identification."
5. That the use proposed by the Applicant is set forth
above and the Applicant proposed to care for 6 or less children,
and 4 of her own children; that the definition of Family Child
Care Home restricts the number of children in that type of
facility to 5 or less.
6. That the day care use proposed by Applicant is an
allowed accessory in the R-4and R-8 districts of which the
Applicant's property is zoned.
7. That the subject property 1S occupied by the Applicant
and her family; that the yard is completely fenced; that there is
a 1,000 foot play area, along with an 80 foot graveled sand box;
that the property does not have irrigation canals or facilities in
the area.
8. That sewer and water is already connected to the
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 2
property, but the use may require additional charges or fees.
9. That there was written and oral testimony submitted in
opposition to the application; that the reasons cited as grounds
for objection relate to the increase in traffic and parking
problems, it was expressed that the day care would interfere with
the residential character of the area and would hinder the resale
of property. There was no testimony submitted in favor of the
Application.
10. That the Applicant testified that the children would be
supervised at all times; that her hours of operation would be from
7:00 a.m. to 5:30 p.m. 5 days per week and closed on the holidays;
that she was now caring for 6 children; and that she had parking
spaces for three cars in her driveway.
11. That the Applicant does not live on an arterial or
collector street.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
which abut the external lot or boundary lines of the property
under consideration.
2. That the City of Meridian has authority to grant
Accessory Uses pursuant to 67-6512, Idaho Code, and, pursuant to
11-2-410 D of the Revised and Compiled Ordinances of the City of
Meridian; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 3
3. That the City has the authority to take judicial notice
of its own ordinances, other governmental statues and ordinances,
and of actual conditions existing within the City and state.
4. That the City of Meridian has authority to place
conditions on an accessory use permit.
5. That 11-2-410 D of the Revised and Compiled Ordinances
of the City of Meridian sets forth the standards under which the
Planning and Zoning Commission shall review applications for
Accessory Use Permits; that those standards are as follows:
Family Child Care Home Standards: It is the intent of this
provision to provide for accessory family child care homes
which will not adversely impact surrounding properties due to
children's noise, traffic and other activities, and which are
located away from and properly screened from adverse impacts
to the health, safely and welfare of the children. The
following conditions shall apply:
(1) Secure and maintain a child care license from the Idaho
State Department of Health and Welfare-Child Care
Licensing Division if required.
(2) Acquire an occupancy certificate.
(3) Provide one (1) off-street parking space per employee
which may be the driveway to the home.
(4) Provide for child pick-up are located off or arterial or
collector streets.
(5) Provide for screening of adjacent properties to protect
children from adverse impacts and to provide a buffer
between properties.
(6) Provide for a fence of appropriate height/construction,
to enclose play areas, protecting children from traffic
on arterial or collector streets.
6. The Applicant shall keep the children in the fenced yard
at all times except for drop-off and pick-up times when the
parents shall be required to bring the children into the
Applicant's home and come into the home to pick the children up.
The children shall at no time be allowed out side of the fenced
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 4
area when not accompanied by an adult.
7. That the Applicant meets the conditions stated in
paragraph 5, except numbers 1 and 2 and she will have to show
evidence of the fence requirements; in regards to 1 she will have
to obtain her license and in regards to 2 she will have to obtain
the occupancy permit from the City Building Inspector.
8. That the City has judged this Application for an
accessory use permit upon the basis of guidelines contained above
and the record submitted to it and the things of which it can take
judicial notice.
9. That the State of Idaho Health and Welfare Child Care
Licensing for a Family Child Care Home allows up to Six (6)
children to be cared for but the ordinances of the City of
Meridian only allow up to five (5) children under the Family Child
Care Home. The Applicant shall be limited to a maximum of five
(5) children to be cared for under this accessory use permit.
10. That applications of this nature are difficult because
the ordinances say the use is an allowed accessory use if the
standards are met but the neighbors strongly object. If the
neighbors objections are allowed to control it is government by
man not by law. The law controls and the use shall be allowed if
the conditions are met.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 5
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER HEPPER
VOTED~
VOTED~
VOTED~
VOTED~
VOTED
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
COMMISSIONER ALIDJANI
CHAIRMAN JOHNSON (TIE BREAKER)
DECISION
The Meridian Planning and Zoning Commission hereby approves
the Accessory Use Permit requested by the Applicant for the
property described in the application with the conditions set
forth in the Findings of Fact and Conclusions of Law, which
specifically include the requirements and conditions cited in
Conclusions of Law number five (5), six (6) and nine (9) set forth
above, and that the property be required to meet the water and
sewer requirements, the fire and life safety codes, and the
Uniform Building Code, and other Ordinances of the City of
Meridian. The conditional use shall be subject to annual review
upon notice to the Applicant by the City.
MOTION:
APPROVED:~ DISAPPROVED:
FINDINGS OF FAc~ AND CONCLUSIONS OF LAW -- PAGE 6
HUB OF TREASURE VALLEY
A Good Place to Live
OFFICIALS
WAYNE S. FORREY, AICP, City Clerk
JANICE GASS, Treasurer
BRUCE D. Sl'UART, Waler Works Sup\.
WA YNE G. CROOKSTON, JR., Attorney
JOHN SHAWCROFT, Wasle Waler Sup\.
KENNY BOWERS, Fire Chief
BILL GORDON, Police Chief
GARY SMITH, P.E., CIty Engineer
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433
FAX (208) 887-4813
GRANT P. KiNGSFORD
Mayor
September
';:.::;.
o;;;.c. ,
1993
Deb Cal"stensen
1840 East Meadowwood Street
Merid ian, Idaho 83&42
Dear Deb Carstensen:
COUNCILMEN
RONALD R. TOLSMA
ROB ERT GIESLER
MAX YERRINGTON
ROBERT O. CORRIE
Chairman Zoning & Plan nlng
JIM JOHNSON
Centennial CoordInator
PATSY FEORIZZI
The Meridian c;.ity. Council has appl~oved YOlH~ application for
an Accessory Use permit to opel~ate a Family Child Cal~e Home fOl~
up to 5 children(~pt including your own c~ildren~ at 1940 East
Meadowwood Stl~eet,~eridian, Idaho 83642.
Please read the attached Findings of Fact and Conclusions of
Law which spe~"ifies a~l the Conditions that you must implement in
ol~der to retain t.his a~JPl"oval. f you have any quest ions, pI ease
call me any ti rile ..:it. 8EJ.874433.
Reospec.tfully,
City of Meridian
Wr<;'~~
Wayne S. Forrey, AICP
Planning Di t~ect OP
(
H.....J OF TREASURE VALLEY
A Good Place to Live
OFFICIAI.S
JACK NIEMANN, City Clerk
JANICE GASS' Treasurer
BRUCE D, STUART, Water Works Sup\.
WA YNE G. CROOKSTON, JR., Allorney
EARL WARD, Waste Water Sup!.
KENNY BOWERS, Fire Chief
BILL GORDON, police Chief
GARY SMITH, City Engfoeer
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433
FAX (208) 887 -4813
GRANT P. KINGSFORD
Mayor
Cctober 26, 1992
Ms. Barbara Ferguson
1703 E. lDchmeadow ct.
Meridian, Idaho 83642
re: Accessory Use.. pe:i::mit
Dear Ms. Fergusbri,"
,:-,' ,. ":.:- ,:".:<',;,::::.,-'.',:".".:_' ," ,-:,:"-,_:::-:/,..'-:;".:<.:,'--,-
. "H',
The time periOd undertl1e ordinances of the City of Meridian for
filing any objection to YOtlr request for an Accessory Use Permit
for a Family ChildCare.i.pyour home at 170JE. Iochmeadow ct.
has expired.; There Wel;r'DO gbjeq;ti<:ms received by the City of
Meridian during this pex-icx:1.' ,tj}~i:~fore. under provision2-410-D~2
of the Ordinances ofi:h,e..City..9fMefidian your request for an
Accessory Use Permitf9;-aFamily Child...eare is hereby granted.
Sincerely,
~/
83642
pc: Fire DepartIrent
COUNCILMEN
RONALD R. TOLSMA
ROBERT GIESLER
MAX YERAINGTON
ROBERT D. CORRIE
Chairman Zoning & Plannlog
JIM JOHNSON
Cenlennlal Coordinator
PATSY FEDRIZZI
DEAR JACK AND THE CITY OF MERIDIAN:
MARCH 4, 1993
I AM WRITING IN REGARDS TO THE LETTER I RECEIVED CONCERNING DEB CARSTENSEN'S
REQUEST TO OPEN A FAMILY CHILD CARE OUT OF HER HOME AT 1840 E. MEADOW WOOD IN
CHATEAU SUBDIVISION. CHATEAU MEADOWS IS A RESIDENTIAL SUBDIVISION. THERE ARE
NO COMMERCIAL BUSINESSES IN THIS SUBDIVISION.
BEING A NEXT DOOR NEIGHBOR (1810 E. MEADOW WOOD) TO DEB CARSTENSEN'S HOME;
MY WIFE, SON, AND I STRONGLY OBJECT TO THIS TYPE OF SERVICE DUE TO INCREASED
TRAFFIC AND PARKING OF VEHICLES ON THE SIDE OF MEADOW WOOD ST WHEN PARENTS ARE
DELIVERING AND PICKING UP CHILDREN. THIS IS A SAFETY HAZARD FOR OTHERS WHO LIVE
IN THE SUBDIVISION.
DEB CARSTENSEN HAS BEEN OPERATING A CHILD CARE SERVICE. JOYCE RUSSELL, WHO
LIVES AT 1860 E. MEADOW WOOD, ALSO PROVIDES THIS SERVICE. TRAFFIC AT 7:30a.m. AND
5:30p.m ARE GETTING OUT OF HAND WITH PARENTS DELIVERING AND PICKING UP CHILDREN
AT THESE TWO LOCATIONS. I HAVE NEVER RECEIVED A LETTER CONCERNING JOYCE RUSSELL'S
APPLICATION. THIS INCREASE IN TRAFFIC CAUSES A SAFETY HAZARD FOR OTHER CHILDREN
WHO ACTUALLLY LIVE IN THE SUBDIVISION. MANY CHILDREN USE MEADOW WOOD AND CHATEAU
STREETS TO GO TO AND FROM CHIEF JOSEPH SCHOOL.
I HAVE TALKED TO OTHERS IN THE SUBDIVISION AND WE FEEL THAT HAVING A DARECARE
IN THE SUBDIVISION IS NOT FAIR TO OTHER HOMEOWNERS. DEB CARSTENSEN HAS FOUR
CHILDREN OF HER OWN, AND TO ADD TO THIS NUMBER IS GOING TO CAUSE PROBLEMS FOR THE
NEIGHBORHOOD. WE AS HOMEOWNERS PURCHASED OUR HOMES HERE TO LIVE IN A RESIDENTIAL
AREA, NOT MIXED WITH COMMERCIAL DAYCARES. WE SUGGEST THAT IF DEB CARSTENSEN , JOYCE
RUSSELL OR ANY OTHERS ARE INTERESTED IN PROVIDING THIS TYPE OF SERVICE THAT THEY
OBTAIN A COMMERCIAL ZONED AREA TO LEASE WHERE TRAFFIC FLOW IS NOT A CONCERN AND
IS NOT A BURDEN TO OTHER HOMEOWNERS.
SINp~ELY, /?
~-et!'&&~ ?4M~
KELLY ~READY ~
MARCH 1, 1993
BERNARD E & PATRICIA A. KELLY
1855 E. MEADOW WOOD STREET
MERIDIAN ID 83642
JACK NIEMANN
69~1NBFA~~~~nfA~ATOR
33 EAST IDAHO
MERIDIAN ID 83642
REF: DEBB M. CARSTENSEN-APPLICATION FOR ACCESSORY USE PERMIT TO
OPERATE A FAMILY CHILD CARE AT 1840 E. MEADOW WOOD MERIDIAN, ID
LOT #5 BLOCK #2 CHATEAU MEADOWS EAST #1.
DEAR MR. NIEMANN:
WE ARE AGAINST THE ABOVE APPLICATION FOR SEVERAL REASONS AND THEY
ARE AS FOLLOWS:
1. THERE IS ALREADY A LICENSED FAMILY CARE AT 1860 E. MEADOW
WOOD. WHICH IS RIGHT NEXT DOOR TO THE CARSTENSEN RESIDENCE.
AT THE PRESENT TIME THERE ARE AT LEAST 16 TO 20 CHILDREN
BEING TAKEN CARE OF BETWEEN THESE TWO HOMES.
2. THIS IS A RESIDENTIAL NEIGHBORHOOD BUT WITH THESE two
FAMILY CARE HOMES WE ARE HAVING A TRAFFIC PROBLEM IN THE
EARLY MORNING AND EVENING HOURS. WHEN THE PARENTS PICK UP
THERE CHILDREN THEY PARK WHERE EVER THEY PLEASE.
3. THE CARSTENSEN CHILDREN HAVE A HABIT OF GETTING OUT OF
THERE MOTHERS SUPERVISION AND HAVE BEEN KNOWN ON NUMEROUS
OCCASIONS TO RUN LOOSE IN THE NEIGHBORHOOD AS WELL AS THE
MIDDLE OF THE STREET. AND SHE HAS HAD TO TRACK THEM DOWN.
THESE ARE VERY SMALL CHILDREN I MIGHT ADD.
4. WHAT IS TO HAPPEN DURING THE SUMMER MONTHS WHEN ALL THESE
KIDS ARE OUT OF SCHOOL. I DO NOT FEEL IT IS RIGHT TO
SUBJECT OUR "RESIDENTIAL 11 NEIGHBORHOOD TO ALL OF THOSE
CHILDREN BETWEEN THOSE TWO HOMES.
AGAIN THIS IS A RESIDENTIAL NEIGHBORHOOD, NOT A COMMERCIAL ONE.
OFFICIALS
WA YNE S. FORREY. A1CP, ClIy Clerk
JANICE GASS, Treasurer
BRUCE D. STUART, Water Works Sup\.
WAYNE G. CROOKSTON, JR., Attorney
JOHN SHAWCROFT, Waste Water Supt.
KENNY BOWERS. F,re Chief
BILL GORDON. Police Ch Ie f
GARY SMITH, P,E., Clly Engmeer
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 8884433
FAX (208) 887-4813
GRANT P. KINGSFORD
Mayor
COUNCILMEN
RONALD R. TOLSMA
ROBERT GIESLER
MAX YERAINGTON
ROBERT D. CORRIE
Chairman Zonino & Plannlno
JIM JOHNSON
Centonnial Coordinator
PATSY FEDRIZZI
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITHIN THE CITY OF MERIDIAN
the
considered by
answer by:
TRANSMITTAL DATE: 'Jl>A.t. , ( {qq3 HEARING DATE:J<-w sri (q93
REQUEST, Ac~~ V~ f.Qr.,~+O ~ ~III\'I'~ <2hikL
BY: t~ . W\ v-5. .D eJofa r~ v'sfe", ~'^-
LOCATION OF PROPERTY OR PROJECT: / ?40 E. ~ WOl~ S'1vJ.
C bttfeau ~~ €~ ~. .../ ~J,JiutJ/~
,
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, CIC
BOB CORRIE, CIC
BOB GIESLER, CIC
MAX YERRINGTON, CIC
BRUCE STUART, WATER DEPT.
JOHN SHAWCROFT, SEWER DEPT.
BUILDING INSPECTOR
FIRE DEPARTMENT
POLICE DEPARTMENT
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE (PREL.& FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
.....
CENTRAL DISTRICT HEALTH
NAMPA-MERIDIAN IRR. DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO. (PREL. & FINAL PLAT)
U.S. WEST (PREL. & FINAL PLAT)
INTERMOUNTAIN GAS (PREL. & FINAL PLAT)
BUREAU OF RECLAMATION (PREL. & FINAL PLAT)
WAYNE FORREY, AICP, PLANNER
CITY ATTORNEY
CITY FILES
OTHER:
GARY SMITH, P.E. ENGINEER
ACCESSORY USE APPLICATION
ISL\-o 't.- l"l&f\Qt0 L.::c-cD '3.
D(;~ (..A~S"'TfM~N
fv\H:.l DlA ~ -r \) h~0-i d-
1 }
Appl~cant's name and address:
.- .
..:. ,
Owner's name and address:
~~ f\~:::.. I\13,v~E
J; Addl"esS elf subject property: ~i'- A.S (\&'rJ.-t
41
Legal description o~ subject property:
\Attach descr~p~Lon
i.i lengthy i -'-<Sf ~ f:LDLK.d-. C ~'- t'iU:;'~D~ J::f\~\ ~. \
5) At'tach a copy of' proof r:l.f ownership deed: CSf:.F ArrT\cr\t<:;D)
t,J
SLze of parcel or lot:
-:l-~' X \ (X:) 1
7 i Present zone ox parcel or lot: ~ Ps
81
Pr~nc~pal permLtted use:
RFS\\>'fNT\~L-
g!
Use made of all abu~tLng locs or parcels:
40MlC ((~ i~/\J rs,
10) Accessory Use requested and descY'i.be the USE': \='~J.L..'i (\tlU"'::::>
C ~ r:; \-\o\'.J\ t:
11!
Are there other accessory uses ot a similar nature
areaI I~ so state che loc3c1on ana the accessory
I
\f\U{'l cc. ('{\f-:~vU lJ..;o.:.)D S - / Ff'n'-i\\L""-. C ~ u::~ C A-f? .l'7
/ lS
J..n the
U~e' _VE~
- .,-=-
~ i-A.E
14)
15i
16)
'.
12)
Names and address o~ owners of all abutt~ng land owners: (I~
lengthy attach a lot of owners and address*) (Abutting land
include those across the street on alley and k1tty corner
lncluding kitty corner where a street or alley is between
your property and the other property):
13)
State any possLble adverse impacts on adjacent property such
as n01se, traf~1c, excess light, odor, etc.: No~~
Do you agree to pay increased sewer~ water or trash fees if
such are required due to increased use? YES
Has the fee of $80.00 been attached hereto?~fs
Ii the accessory use includes constructlon of a building on
the lot or parcel complete the followlng:
a. Will all parts of the accessory building be located
wlthln the lot or parcel?
b. Is the prLmary bU11ding already constructed?
c. Is the accessory building to be attached to the primary
building?
u. WLll the accessory bU11ding be constructed in the rear
yard of the pr1mary building?
e. Will the accessory bUll ding occupy less than 40X of the
required rear yard for the primary structure?
I. II the answer to e above is no~ will the accessory
structure be connected to the primary structure and
wLll both the primary and accessory structure then meet
all yard and court requ~rements1
g.
Does the he1ghth at the accessory bU11d1ng exceed
teet?
15
h. II the lot or parcel 1S zoned coromerc1al, is any
abutting property zoned res~dent~al and i1 so~ w1~1 the
accessory use occupy any at the iTont yard?
17. If the accessory use is for a Family Child Care Home.
complete the following:
8. Is a State o~ Idaho baslc day care license requlred tor
this type at iaci11ty? Ii so, attaCh a copy at your
license. NIp.
I
b.
Ha'!E." yC)U applied for or rel::::eived an ()ccupancy perm,/~'~'
If so attach a copy OI your applica~lan or perm1t. N
c. Is one oif s~reet parklng space per employee prov1ded~
~r6
d.
Ii the
street
NO
home 18 located ()n an arterial or collector
is an off street child piCk-up area provided?__
e.
Is screenlng at adjacent
propert~e5 provlded?
\/Ff:::;.
f
f. Is the play aloea flJr the Ghildren fenced :fl"Qm streets
and neighbors? If so what is the fence height and type
ot l::onstruct1r:ln'~' ~~S - Co; - SouD \...I..)(X)D f::r::.,\.lu=:.
l,~.
I~ the accessory USE ~s
fQllowing:
for a hQme occupatLon. complete the
a. Are only ~aml1y members residing in the principal
res~dence'?
b.
Is the use of the res~dence as a home
incidental and subord1nate to its use as a
()ccupation
res~dence .?
c. Will the home occupat1on use more than 25X of the floor
area ot the dwelling:
d.
WLll any ~tem be
by the dwell~ng
o~ier~d tor sale tha~ L8 not
occupants of the prem~ses?
prOIJ.UCELl
e. Will electrical or mechanical equ~pment be installed
other than such as is customarily incidental to
domestic use?
f.
How much traffic will be generated by the
occupation-?
home
g. Will off street parking requirements be met?
h. Will equipment or processing create no~se~ vibrations~
glare~ ~umes~ odor or electrical interference
detectable to normal senses oft the lot or parcel~
~.
Will the dwelling be
conducted which would cause
its residential character?
altered or the occupation
the premises to differ from
If so, how?
1'3.
Regardless o~ the type o~ accessory use applied for, please
attach a drawing showing the boundaries of the property~
structures located on the property and the proposed location
oi the use. In case of Family Child Care Home include
location: 19,t.tD E. M..~DcL\j \..ucce::. S,. ''J\82...\D\.''''I'.\ -nf) ~,~d-
(SE6 J\Tffil t\c'=\:::.) _
G~~
't:>
\
DAY OF'
,19(]3
[JA TEl) THIS
STATE OF' IDAHO)
ss.
COUNTY OF ADA
On this day oi: , 19_, bef ore
me~ the unders1gned, a Notary Public ~n and for said Sta~e,
personally appeared
known to be to be the person(s) whose names are subscribed to the
with~n instrument and acknowledged to me that (he,she,they),
executed. the same.
IN WITNESS WHEREOF, I have hereunto set my hand and a1i:ixed
my oiilc~al sesl the day and year in this certi~icatei:1rst above
w:ClttefJ.
(SEAL:
NOTARY PUBLIC FOR IDAHG
RESIDING AT
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CHATEAU MEADOWS EAST NO. 1 SUBDIVISIO~
RESTRICTIVE COVENANTS
The underslgnedt being the owners of the property
h-\,....1\..... ~)T.~'" .;,~.-........'1..r~~'"... -M. ~ io~t';'l...."' ':l\:.-.y k;..B ];."\..1:"c:~v:.~'...~;,, -,,~~t:&ta~:~t~"'l:H
Cjltt.lllEt~".:~1" ';~u'.:~ri:~'~~1"~, ,,~;, ':'Q!.~:,;t-.SJ :ai(;:~t'~ \...~~ .'..l_..*-J"_n~ :~..~v._...~~.",....T......
covenants in their entirety to apply to real property to be
subdivided and contained in a subdivision to be known as CHATEAU
~ffiADOWS EAST NO. 1 Subdivisiont a portion of the SW 1/4. oi
Section 5t Township 3 North, Range 1 East~ Boise Meridian, Ada
Count Y t Idaho.
The said Chateau Meadows East Subdivision is divided into
single family residential lots in compliance with the local and
state regulati'ons and laws.
The following covenants shall run with the land and be in
force and effect as outlined below unless or until terminated by
agreement of the owners of seventy-five percent (75%) of the land
in the subdivision and after all lots therein have been sold by
Interwest Development Corp., hereinafter called "Developer".
Modification or termination of these covenants. can only be"made
with the consent of the Developer while any lots in this
subdivision remain in the ownership of the Developer, and are as
foIl 0 ws :
(1) No building, fence, wall, structure, improvement or
obstruction shall be placed or permitted to remain upon any part
of said property unless a written request for approval thereof
containing the plans and specifications therefore, including
exterior color scheme, has been approved in writing by the
Architectural Committee. The approval of the Committee shall not
be unreasonably withheld if the said plans and specifications are
for improvements which are similar in general desi~n and quality,
and generally In harmony with the dwellings then located on said
pr opert Yor
(2) Variances in building set-back requirements shown on
plat may be given by the Architectural committee upon proper
showings and so long as the Meridian City ordinances on set-backs
ar e met.
(3) The ground floor area of the one-story house in this
subdivision shall not be less that 1300 square feet on the ground
floor excl ud I ng cover ed por ch ar eas, br ee zewa ::..s, gar a ges or
patios. Two-story and tri-level homes shall have not less than
1400 square feet, exclusive of the covered porchesJ entrances,
garages or patios. One-level homes with basements shall have a
minimum of 2400 square feet with the ground level having a
minimum of 1200 square feetJ also excluding covered porch areas,
breezewaYSt garages or patios.
~
4
Any other requests by lot purchasers must be approved by the
Architectural Committee. Dogs shall not be allowed to run at
large.
. (20) No shall be conducted on the above oroperty
unless le~all er "tted unde the ex! nd Drevailin~ zo e
res rictions. If permitted, no business or commercial use shall
be allowed that cannot be conducted within the residence of the
owner. No signs shall be installed to advertise said business.
~o oil exploration or development of any nature or kind or mining
exploration, development or structure shall be permitted upon the
lots in this subdivision.
(:1) Only one (1) outbuildin~ per lot will be allowed. All
outbuildings shall be constructed of good auality building
material, completely finished and painted on the outside and
shall be of good quality and character that will be in harmony
with the other buildings on said property and must be approved by
the Architectural Committee.
(~2) No building or structure shall be placed on said
property so as to obstruct the windows or light of any adjoinin~
property owner in said subdivision.
(~3) Additional easements: In addition to the easements
shown on the recorded plat, an easement is further reserved five
(5) feet on each side of all other lot lines for installation and
maintenance of utilities, irrigation and drainage.
(a) Within these easements no structure, ?lantin~ or other
material shall be placed or permitted to remain which may dama~e
or interfere with the installation and maintenance of the
utilities, or which may change the direction of flow of water
through draina~e channels in the easements.
(b ),
it shall
except for
utility is
The easement area of each lot
be maintained continuously
those improvements for which
responsible.
and all improvements in
by the owner of the lot,
a public authority or
(24) This subdivision is within the Nampa-Yeridian
Irrigation District and subject to any and all assessments of
said district. The developer has made provisions t~at provide
for f u t u :- e del i v e r j' 0 fir rig a t ion wa t e r tot he i n d 1 \" i d u allot s .
The actual construction and expense of said sys:em is the
obligatiori of the lot owners, as their option, and not the
develo?er.
29 June 1993
City of Meridian
33 East Idaho
Meridian, Idaho 83642
Attn: Planning and Zoning Commission
Subject: Application for an accessory use permit to operate a residential in home day care.
Committee Members:
This letter is written in response to the letter from Patricia A. Kelly, dated June 21, 1993.
1. There is no substantiated fact that will validate the claim made by Mrs. Kelly. With this
being a middle class neighborhood, young families are the predominate buyers (which can be
verified by sampling Meadow Wood), I have discussed this matter with several other
neighbors in our subdivision and the parents of my wife's day care, and they stated that
having a day care close by would be considered an asset. This is exemplified by two
families on Meadow Wood which utilizes my wife's day care, and our next door neighbors,
the Readys, who take their child to an unlicensed day care located just three houses down the
street from their house.
The Readys have exclusively used residential in home day cares (located in our subdivision)
for the day care of their child. The Readys are also opposing the approval of my wife's day
care. Mr. Ready stated in the public hearing and in his letter that he believes that day cares
belong in a commercial setting and not in a residential subdivision. The first day care used
by the Readys were the Jacobsons located across the street from our houses. Now they use a
day care located on our street. The Jacobsons who admitted in the public hearing that they
provided day care services for the Readys also oppose day cares in subdivisions. I can't
believe that our neighbors who so strongly oppose residential in home day cares in our
subdivision, either have provided the service or are using one of these day cares for almost a
year now. The reason that the Jacobsons had for watching the Readys child is one of the
exact reasons my wife watches the children she does, because she is friends with the parents
and their children are the same age as our children.
I contacted Terry Sklar who is a professional appraiser. I explained my wife's day care and
the concern of the Kellys. Terry stated that he has performed multiple appraisals in this
subdivision, and that he has not and would not discount a house's value due to the fact of
having a residential in home day care across the street. He said that a day care the size of
ours would not even be taken into account.
2. Since the public hearing, my wife has again reminded the parents to park in our drive
way as to not disturb the neighbors. As pointed out in the letter by Mrs. Kelly, our
driveways are empty. We try to keep our cars in the garage as to keep the driveways clear,
but sometimes parents forget to park in the driveway. The Kellys live kitty-corner across the
street from our house and from what I have seen, the parents don't even approach the front
of the Kelly's house. As to the parents park anywhere, I don't understand what is meant by
anywhere, the parents park in our driveways or in front of our house which does not
interfere with the Kellys house. If the KeIlys would have talked to us about this problem, we
would have done our best to try to resolve this problem earlier.
3. As to the Hunger Program which is set up to subsidize day cares. This is used to help
fund day cares to ensure the proper nutrition of the children. I tried to talk to the Kellys
about the day care. I felt it was my duty to try to resolve this conflict in person. Mrs.
Kelly was not responsive to our conversation. I tried to explain that to become licensed, we
must first be approved by the Planning and Zoning Commission before the State of Idaho
would license the day care. Upon licensing, my wife would be eligible for the Hunger
Program as well as access to licensed substitutes. From the ability of utilizing the Hunger
Program, my wife would be able to reduce the number of children in her care. I did not
state that the only reason for the license was for the financial assistance. I explained that the
assistance is a benefit of being licensed. My wife wants to provide a licensed day care for
the children and the parents of the children. With the licensing my wife would be fully
regulated by the State of Idaho and Health and Welfare.
4. My wife did drive children to school in the mornings. Not all of the children my wife
watches arrive before schoo1. Some of the parents drove their children to schoo1. I picked
up the school children from schoo1. Some of the children are left for part of the day. My
wife did not have a consistent ten children under her care. Every time the children were
driven to school, they were safely seat belted in the car or in child seats.
I have a hard time trying to understand the motive behind letters such as these. My wife and
I have tried talking to these neighbors face to face. Our neighbors respond by writing letters
behind our backs with unsubstantiated claims. Not one of these neighbors have come to our
door to explain a problem or concern so that we could work out a compromise. My wife has
done what she can as to not upset our neighbors. Her hours are reasonable. The children
are not allowed access to the front yard or to even ride their bikes on the sidewalk. We have
talked to our neighbors behind us, two testified in our behalf, and the others stated to us that
there is no problem. The one neighbor directly behind us, his wife works nights and sleeps
during the day. My wife asked her over the fence if the children were to loud? She replied
that they did not bother her at all.
With ten unlicensed day cares in our subdivision, only one is licensed and regulated. Unless
my wife is approved by the Planning and Zoning Commission, she cannot be licensed.
There is an alarming number of unlicensed day cares in our area. Parents want their
children raised in a home environment by people they know and values they trust. Parents
want their children raised by friends and their children's friends. Their is no shortage of
parents looking for a good in home day care. My wife is just trying to provide that service.
My wife constantly receives calls from parents looking for a day care like ours. For the City
of Meridian to deny licenses because neighbor are complaining about an occasional car
parked the wrong way on a street is just wrong.
One of our overzealous objecting neighbors filed a complaint with Health and Welfare about
the care of our children. Health and Welfare conducted a surprise inspection of our home
and interview with my wife. After the interview, they stated that they saw nothing to
validate the claim of the neighbor. My wife was then informed that the claim was going to
be dismissed and closed. Attached is a letter from Health and Welfare indicating the results
of an inspection and complaint from the neighbor.
I apologize to the City of Meridian for your time being spent on this case. I realize with the
overwhelming growth and expansion, that this time would be better spent with the concerns
of the rapid development of this city. I hope a speedy conclusion can be made for the
benefit of our children.
.~~
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Attachment
Ref: Terry Sklar
1611 Broadway
Boise, Idaho
(208) 345-2041
State of Idaho
DEPARTMENT OF HEALTH AND WELFARE
Region IV
Family and Children's Services
4355 Emerald
Boise, Idaho 83706-2099
(208) 334-6700
CECIL D. ANDRUS
Governor
JERRY L. HARRIS
Director
MARY ANNE SAUNDERS
Regional Director
FACS Phone Number
(208) 334-6800
June 14t 1993
Deborah Carstensen
1840 E. Meadow Wood
Meridian ID 83642
Dear Ms. Carstensen:
I am writing this letter in a follow up to the Child Protection
investigation conducted on the referral made to our office on
9/4/92. In conclusion to this investigationt I found the
allegations made on this referral to be false andt thereforet
invalid. Child Protection investigations are always emotionally
stressful for those concerned. We regret this aspect of our work.
Thank you for your cooperation. If I can be of any assistance in
the future, please feel free to call.
SincerelYt
~~ -4d~
Valerie Nichols
O~7:J~rker
J es W. C
Su ervisor
Child Protection Investigations
VN/06h3/041
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July 7, 1993
Meridian City Council
Gentlemen:
I am wri tinq in reIerence to the day care licensing Ior Debb
Carstensen.
Debb has cared Ior my two daughters in her home day care for about
a year be.fore my husbands hours \'lere changed and we no longer
needed her services. In that time I found her day care to be the
cleanest, most organized best overall day care I have ever come
across. And after looking at many commercial and in home day cares
I was very pleased to Iind such a well run day care. Service like
she provides is very hard to .find and I do not :Eeel like she should
not be allowed a license because her next door neighbors do not
want to have two in home day cares next to each other. Why should
she be penalized "Then all she is trying to do is better her
services by o.f.fering more to her clients.
In the year that I took my children to Debb I never was there when
there was more than one other mother picking up, which is one ox
the concerns oI her neighbors who are protesting this.
I really do not understand why they are making such a stink over
her day care when the Ready's took their child across the street to
the Jacobsen's home to be watched and now they take their child to
another in home day care down the street. What is the difference
here?
I hope that you will give great consideration to giving Debb her
day care license.
Sincerely,
r;~f~
Erica K. Galea'i
6UC)o /lJ, Loc.h ne 53 LeAf
rne.~ \ 1:0 6::3fo'fc.
D~TE : _ \1.\ l!~ 1..AJSt- \"1 \ ,qct3
MERIDIRN
CITY COUNCIL
AGENDA ITEM NUMBL.
APPLICANT: l)Qob 01'A-rslst~J1
REQUEST:. 'Ac(Qt;~~nt~tf;f 'P~rVvl 14 di
aJlf)UJ a 1='rA' \ f~f: r~ I orn.i
o cc l...t-pn t-J (J'V\. '
AGENCY
COMMENTS:
MERIDIAN POLICE - ~o ~rob~
MER I D I AN FIRE DEPT D - k\o '?t"~\o~~
MERIDIAN CITY ENGINEER -
MERIDI~N ATTORNEY -
MERIDIAN POST OFFICE -
MERIDIAN SCHOOL DISTRICT -
MERIDIAN BUILDING DEPT. -
ADA COUNTY HIGHWAY DISTRICT
ADA STREET NAME COMMITTEE -
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION -
SETTLERS IRRIGATION
IDAHO POWER
US WEST
INTERMOUNTAIN GAS
BUREAU OF RECLAMATION
~ j. r ='" ""l, . ~ l"'" '\: o('~ L-&u..> U
MERIDIAN CITY ATTORNEY - ~\lf~V\ch~<2l'5. O,,\;,~CL~+- U4AG '-'""....,.,..V'-u '-'V'-_ T
MERIDIAN PLANNING DIRECTOR - ~ lA~~(~ e.6rYI VVlfU^~S.
OTHER COMMENTS: ~\\ t-\6\Jrso~ e?,[)n:>J.~l()~ L~.\kt( .\,/\,. b~_\ab rCt(<;'~M~
~{)o \\ i\OJ..0~\\' " t !rtt::U~I(""
- 0
OFFICIALS
WA YNE S, FORREY. AICP, City Clerk
JANICE GASS, Treasurer
BRUCE D. STUART, Water Works Sup!.
WAYNE G. CROOKSTON, JR., Attorney
JOHN SHAWCROFT, Waste Water Sup!.
KENNY BOWERS, Fire Chief '
BILL GORDON, Police Chief
GARY SMITH, P.E.. City Engineer
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433
FAX (208) 887.4813
GRANT P. KINGSFORD
Mayor
MEMORANDUM
TO: Mayor, Council, Planning an~~ng commission
FROM: Wayne S. Forrey, A~9f~~'~
DATE: June 3, 1993 VVVI
RE: Debb Carstensen Day Care Application, R-8 zone
Mrs. Carstensen applied for
1993 but the former City
neighborhood opposition.
your packet.
This application
City ordinances
pertaining to
COUNCILMEN
RONALD R, TOLSMA
ROBERT GIESLER
MAX YERRINGTON
ROBERT D. CORRIE
. Chairman Zoning & Planning
. JIM JOHNSON
Centennial Coordinator
PATSY FEDRIZZI
an accessory use permit in February
schedule a hearing due to
of citizen letters in
as stipulated in
Covenants
occupation.
MARCH 1, 1993
BERNARD E & PATRICIA A. KELLY
1855 E. MEADOW WOOD STREET
MERIDIAN ID 63642
JACK NIEMANN
62~+NBFA~~~~DfA~ATOR
33 EAST IDAHO
MERIDIAN ID 83642
REF: DEBB M. CARSTENSEN-APPLICATION FOR ACCESSORY USE PERMIT TO
OPERATE A FAMILY CHILD CARE AT 1840 E. MEADOW WOOD MERIDIAN, ID
LOT #5 BLOCK #2 CHATEAU MEADOWS EAST #1.
DEAR MR. NIEMANN:
WE ARE AGAINST THE ABOVE APPLICATION FOR SEVERAL REASONS AND THEY
ARE AS FOLLOWS:
~THERE IS ALREADY A LICENSED FAMILY CARE AT 1880 E. MEADOW
D. WHICH IS RIGHT NEXT DOOR TO THE CARSTENSEN RESIDENCE.
T THE PRESENT TIME THERE ARE AT LEAST 16 TO 20 CHILDREN
BEING TAKEN CARE OF BETWEEN THESE TWO HOMES.
2. THIS IS A RESIDENTIAL NEIGHBORHOOD BUT WITH THESE TWO
FAMILY CARE HOMES WE ARE HAVING A TRAFFIC PROBLEM IN THE
EARLY MORNING AND EVENING HOURS. WHEN THE PARENTS PICK UP
THERE CHILDREN THEY PARK WHERE EVER THEY PLEASE.
:3. THE CARSTENSEN CHILDREN HAVE A HABIT OF GETTING OUT OF
THERE MOTHERS SUPERVISION AND HAVE BEEN KNOWN ON NUMEROUS
OCCASIONS TO RUN LOOSE IN THE NEIGHBORHOOD AS WELL AS THE
MIDDLE OF THE STREET. AND SHE HAS HAD TO TRACK THEM DOWN.
THESE ARE VERY SMALL CHILDREN I MIGHT ADD.
4. WHAT IS TO HAPPEN DURING THE SUMMER MONTHS WHEN ALL THESE
KIDS ARE OUT OF SCHOOL. I DO NOT FEEL IT IS RIGHT TO
SUBJECT OUR II RESIDENTIAL 11 NEIGHBORHOOD TO ALL OF THOSE
CHILDREN BETWEEN THOSE TWO HOMES.
AGAIN THIS IS A RESIDENTIAL NEIGHBORHOOD, NOT A COMMERCIAL ONE.
DEAR JACK AND THE CITY OF MERIDIAN:
MARCH 4, 1993
I AM WRITING IN REGARDS TO THE LETTER I RECEIVED CONCERNING DEB CARSTENSEN'S
REQUEST TO OPEN A FAMILY CHILD CARE OUT OF HER HOME AT 1840 E. MEADOW WOOD IN
CHATEAU SUBDIVISION. CHATEAU MEADOWS IS A RESIDENTIAL SUBDIVISION. THERE ARE
NO COMMERCIAL BUSINESSES IN THIS SUBDIVISION.
BEING A NEXT DOOR NEIGHBOR (1810 E. MEADOW WOOD) TO DEB CARSTENSEN'S HOME;
MY WIFE, SON, AND I STRONGLY OBJECT TO THIS TYPE OF SERVICE DUE TO INCREASED
TRAFFIC AND PARKING OF VEHICLES ON THE SIDE OF MEADOW WOOD ST WHEN PARENTS ARE
DELIVERING AND PICKING UP CHILDREN. THIS IS A SAFETY HAZARD FOR OTHERS WHO LIVE
IN THE SUBDIVISION.
DEB CARSTENSEN HAS BEEN OPERATING A CHILD CARE SERVICE. JOYCE RUSSELL, WHO
LIVES AT 1860 E. MEADOW WOOD, ALSO PROVIDES THIS SERVICE. TRAFFIC AT 7:30a.m. AND
5:30p.m ARE GETTING OUT OF HAND WITH PARENTS DELIVERING AND PICKING UP CHILDREN
AT THESE TWO LOCATIONS. I HAVE NEVER RECEIVED A LETTER CONCERNING JOYCE RUSSELL'S
APPLICATION. THIS INCREASE IN TRAFFIC CAUSES A SAFETY HAZARD FOR OTHER CHILDREN
WHO ACTUALLLY LIVE IN THE SUBDIVISION. MANY CHILDREN USE MEADOW WOOD AND CHATEAU
STREETS TO GO TO AND FROM CHIEF JOSEPH SCHOOL.
I HAVE TALKED TO OTHERS IN THE SUBDIVISION AND WE FEEL THAT HAVING A DARE CARE
IN THE SUBDIVISION IS NOT FAIR TO OTHER HOMEOWNERS. DEB CARSTENSEN HAS FOUR
CHILDREN OF HER OWN, AND TO ADD TO THIS NUMBER IS GOING TO CAUSE PROBLEMS FOR THE
NEIGHBORHOOD. WE AS HOMEOWNERS PURCHASED OUR HOMES HERE TO LIVE IN A RESIDENTIAL
AREA, NOT MIXED WITH COMMERCIAL DAYCARES. WE SUGGEST THAT IF DEB CARSTENSEN, JOYCE
RUSSELL OR ANY OTHERS ARE INTERESTED IN PROVIDING THIS TYPE OF SERVICE THAT THEY
OBTAIN A COMMERCIAL ZONED AREA TO LEASE WHERE TRAFFIC FLOW IS NOT A CONCERN AND
IS NOT A BURDEN TO OTHER HOMEOWNERS.
SINCY.ELY,
~fhj.~ &~?~
KELL Y CREADY t7........
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20 July 1993
City of Meridian
33 East Idaho
Meridian, Idaho 83642
Attn: Planning and Zoning Commission
Subject:
Application for an accessory use permit to operate a residential in home day
care for Debb Carstensen - Hours of Operation.
Committee Members:
As stated in the Planning and Zoning Public Hearing on July 13, 1993, the subject permit
was approved upon condition of receiving the hours of operation for the day care. The day
care hours are as follows:
Open
Monday through Friday
7:00 am to 5 :30 pm
Closed
Every Saturday and Sunday, and the following holidays - New Years Day,
Washington's Birthday, Memorial Day, Independence Day, Labor Day,
Halloween Day, Veterans Day, Thanksgiving Day, and Christmas Day. If the
holiday should fall on a saturday or sunday, I will be closed the friday before
or the monday after respectively
:~~ ou have any 0 her question, please feel free to call us.
-. , ---......
~ - ~~
I
John and Deb~ C'arstensen
1840 E. Meadow Wood St.
Meridian, Idaho 83642
(208) 887-3988
Patricia A. Kelly
1855 E. Meadow Wood St.
Meridian 1D 63642
RECEIVED
JUt~ 2 2 1993
CITV Of MERIDIAN
June 21, 1993
Jack Neiman!1 - Zoning Admit1i$tratol~
Mel~idicm Plant1ing & Zoning Commission
33 East Idaho
Meridian ID 83642
RE: Oebb M. Cf.u~stensen - Application fot~ accessory 1..1ee pe1~mit to
operate a family child care at 1840 E. Meadow Wood Meridian, rd.
Lot #5 #2 Chateau Me~dows East #1.
Gent,lemen:
I am wd tinq this letter in hopes YhOU wi 11 consider the following
it1formation-1 have discovered on t is matter.
1. We have check with a lawyer' for- a local Real ty 131~OUP in Boise
on the DISCLOSEURE law of not 011e but possibly two day care
centers if and when any of us put our homes up for s.:ale. We wer'e
advised it would in our best interest to disclose the fact of the
day cat"ei cel'1ter 01' centers. You know what that will do to the
pn::>p.;H~ty value of OU1~ homes in t.his neighborhood. This is net;,
fair to any of us.
2. I have enclosed some pictun~e taken it'! front of the
Carstensen and Russell homes to prove a point about the parking
problem we are having here. You can plainly see the drive ways
a1~e empty at both homes and pa\1~ent,s are pat'king facing the wrong
direction and just any where.
3. Mr. Carstensen stood on our front door step and told us the
only nsason they want to get this license is because they want to
apply f01~ the $200 01' $300 pet~ month food allowal1ce for day
cal~es. At1d Oebb would then be able to drop one of the chi ld1~erl
she wet.ches. Just exactly whel~e does this food allowance come
f1'om. Is it not Feder'al Money whicl1 means WE as tax payers are
once again foot,ing the bi 11.
4. And lase but not least. Mrs. Carstensen admitted she is
wat.ching 6 chi Idren ~l us het~ own four. What, she did not mention
is that she takes chlldren including one of hel~ own to and h~om
Chief Joseph school every day. They have a standard size station
wagon vehiCle and I am $Ul~e it is nClt equipped with SEAT BELTS
FOR 11 PEOPLE.
1h
,/
~
29 June 1993
City of Meridian
33 East Idaho
Meridian, Idaho 83642
Attn: Planning and Zoning Commission
Subject:Application for an accessory use permit to operate a residential in home day care.
Committee Members:
This letter is written in response to the letter from Patricia A. Kelly, dated June 21, 1993.
1. There is no substantiated fact that will validate the claim made by Mrs. Kelly. With this
being a middle class neighborhood, young families are the predominate buyers (which can be
verified by sampling Meadow Wood). I have discussed this matter with several other
neighbors in our subdivision and the parents of my wife's day care, and they stated that
having a day care close by would be considered an asset. This is exemplified by two
families on Meadow Wood which utilizes my wife's day care, and our next door neighbors,
the Readys, who take their child to an unlicensed day care located just three houses down the
street from their house.
The Readys have exclusively used residential in home day cares (located in our subdivision)
for the day care of their child. The Readys are also opposing the approval of my wife's day
care. Mr. Ready stated in the public hearing and in his letter that he believes that day cares
belong in a commercial setting and not in a residential subdivision. The first day care used
by the Readys were the Jacobsons located across the street from our houses. Now they use a
day care located on our street. The Jacobsons who admitted in the public hearing that they
provided day care services for the Readys also oppose day cares in subdivisions. I can't
believe that our neighbors who so strongly oppose residential in home day cares in our
subdivision, either have provided the service or are using one of these day cares for almost a
year now. The reason that the Jacobsons had for watching the Readys child is one of the
exact reasons my wife watches the children she does, because she is friends with the parents
and their children are the same age as our children.
I contacted Terry Sklar who is a professional appraiser. I explained my wife's day care and
the concern of the Kellys. Terry stated that he has performed multiple appraisals in this
subdivision, and that he has not and would not discount a house's value due to the fact of
having a residential in' home day care across the street. He said that a day care the size of
ours would not even be taken into account.
2. Since the public hearing, my wife has again reminded the parents to park in our drive
way as to not disturb the neighbors. As pointed out in the letter by Mrs. Kelly, our
driveways are empty. We try to keep our cars in the garage as to keep the driveways clear,
but sometimes parents forget to park in the driveway. The KeIlys live kitty-corner across the
street from our house and from what I have seen, the parents don't even approach the front
of the Kelly's house. As to the parents park anywhere, I don't understand what is meant by
anywhere, the parents park in our driveways or in front of our house which does not
interfere with the KeIlys house. If the KeIlys would have talked to us about this problem, we
would have done our best to try to resolve this problem earlier.
3. As to the Hunger Program which is set up to subsidize day cares. This is used to help
fund day cares to ensure the proper nutrition of the children. I tried to talk to the Kellys
about the day care. I felt it was my duty to try to resolve this conflict in person. Mrs.
Kelly was not responsive to our conversation. I tried to explain that to become licensed, we
must first be approved by the Planning and Zoning Commission before the State of Idaho
would license the day care. Upon licensing, my wife would be eligible for the Hunger
Program as well as access to licensed substitutes. From the ability of utilizing the Hunger
Program, my wife would be able to reduce the number of children in her care. I did not
state that the only reason for the license was for the financial assistance. I explained that the
assistance is a benefit of being licensed. My wife wants to provide a licensed day care for
the children and the parents of the children. With the licensing my wife would be fully
regulated by the State of Idaho and Health and Welfare.
4. My wife did drive children to school in the mornings. Not all of the children my wife
watches arrive before school. Some of the parents drove their children to school. I picked
up the school children from school. Some of the children are left for part of the day. My
wife did not have a consistent ten children under her care. Every time the children were
driven to school, they were safely seat belted in the car or in child seats.
I have a hard time trying to understand the motive behind letters such as these. My wife and
I have tried talking to these neighbors face to face. Our neighbors respond by writing letters
behind our backs with unsubstantiated claims. Not one of these neighbors have come to our
door to explain a problem or concern so that we could work out a compromise. My wife has
done what she can as to not upset our neighbors. Her hours are reasonable. The children
are not allowed access to the front yard or to even ride their bikes on the sidewalk. We have
talked to our neighbors behind us, two testified in our behalf, and the others stated to us that
there is no problem. The one neighbor directly behind us, his wife works nights and sleeps
during the day. My wife asked her over the fence if the children were to loud? She replied
that they did not bother her at all.
With ten unlicensed day cares in our subdivision, only one is licensed and regulated. Unless
my wife is approved by the Planning and Zoning Commission, she cannot be licensed.
There is an. alarming number of unlicensed day cares in our area. Parents want their
children raised in a home environment by people they know and values they trust. Parents
want their children raised by friends and their children's friends. Their is no shortage of
parents looking for a good in home day care. My wife is just trying to provide that service.
My wife constantly receives calls from parents looking for a day care like ours. For the City
of Meridian to deny licenses because neighbor are complaining about an occasional car
parked the wrong way on a street is just wrong.
One of our overzealous objecting neighbors filed a complaint with Health and Welfare about
the care of our children. Health and Welfare conducted a surprise inspection of our home
and interview with my wife. After the.interview, they stated that they saw nothing to
validate the claim of the neighbor. My wife was then informed that the claim was going to
be dismissed and closed. Attached is a letter from Health and Welfare indicating the results
of an inspection and complaint from the neighbor.
I apologize to the City of Meridian for your time being spent on this case. I realize with the
overwhelming growth and expansion, that this time would be better spent with the concerns
of the rapid development of this city. I hope a speedy conclusion can be made for the
benefit of our children.
Attachment
Ref: Terry Sklar
1611 Broadway
Boise, Idaho
(208) 345-2041
State of Idaho
DEPARTMENT OF HEALTH AND WELFARE
Region IV
Family and Childrents Services
4355 Emerald
Boise, Idaho 83706-2099
(208) 334-6700
CECIL D. ANDRUS
Governor
JERRY L. HARRIS
DlraClor
MARY ANNE SAUNDERS
Regional DlreClor
FACS Phone Number
(208) 334-6800
June 14t 1993
Deborah Carstensen
1840 E. Meadow Wood
Meridian ID 83642
Dear Ms. Carstensen;
I am writing this letter in a follow up to the Child Protection
investigation conducted on the referral made to our office on
9/4/92. In conclusion to this investigationt I found the
allegations made on this referral to be false and, thereforet
invalid. Child Protection investigations are always emotionally
stressful for those concerned. We regret this aspect of our work.
Thank you for your cooperation. If I can be of any assistance in
the future, please feel free to call.
Sincerely,
YUuu~ -IW
Valerie Nichols
O~rr~rker
J es W.
SU ervisor
Child Protection Investigations
VN/06h3/041
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July 7, 1993
Meridian City Council
Gentlemen:
I am writing in reference to the day care licensing far Debb
Carstensen.
Debb has cared for my two daughters in her home day care ior about
a year before my husbands hours were changed and we no longer
needed her services. In that time I found her day care to be the
cleanest, most organized best overall day care I have ever come
across. And after looking at many commercial and ~n home day cares
I was very pleased to find such a well run day care. Service like
she provides is very hard to find and I do not feel like she should
not be allowed a license because her next door neighbors do not
want to have two in home day cares next to each other. Why should
she be penalized when all she is trying to do is better her
services by offering more to her clients.
In the year that I took my children to Debb I never was there when
there was more than one other mother picking up, which is one of
the concerns of her neighbors who are protesting this.
I really do not understand why they are making such a stink over
her day care when the Ready's took their child across the street to
the Jacobsen's home to be watched and now they take their child to
another in home day care down the street. What is the difference
here?
I hope that you will give great consideration to giving Debb her
day care license.
S.incerely,
t(;hctUf ~
Erica K. Galea'i
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To Hhom it rnGl)i conC0"- 11.,
'verY
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r / g/I 1fhGJ
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Chvt
I am a working mot r with two (2) children, ages 9 and G.
I wish I could s home with my childr n, but du to th
ways of the world now and expenses it is almost impossible
I mothers to sLay home and most of those that do get the
opportunity to stav home have to or tend kids to help
E) t !'''l{?(::::) ()u t c
{~2~ c' v,Joikin<J moth,>::.r, I 1..lould not Harll. :?;omeOfIC Hho ',1.1 only
taki fl.:;: Ci?lre of kids in a Daycc""c:,, because they had to'
vJork, ';:1fld Hatch I<i 1:1"1(:::;'1(',)11:6 ould corcdess about or
or not willing to care about them, In a private type
';:ltrrl():::~phelc,:, I C::;ll 9iv,:; rn,;. I;ic!'::':: l'le ince 01 bf:)ing in (.I
home environment and can be very selective as to who
Hatchi?~: my e hi 1 eir n.. Tn a d';:i.:/car L t i (I'J, ih" te:nd te,
become a numbe,' in the sea of children. Care Givers can
come and go without my knowing or my children knowing,
which can lead more to different arms of child abuse.
Most Daycares are in the business to make money,
(. 0'(" t Ii'" rnore chi 1 elr en t 1'1 rn()]' i" !none')"" the hi gher
overhead cost, which raises my penses. In ada/care
type setting, I am also exposing my children to more
disease and sickness, Hhleh can be better controlled in a
p)'".i. \."d't<:::.: SI:.?~tJc i n9 ,.
(:,~"" T ,)HI ~'":u r ou (), Iih:d 1 :0\\:J!:n e 0 f, in F '( i or
Satur ys paper, there was an article in the paper about
t he i_ ncr ease in 01a/c a r (, s:; and t, PI.. 1 ('ff1~::~ t 1"ldV8 in
keeping good help, due to the inability to pa above
minimum wage. As an employer, I am aware that in most
case~; you get \:~hat j()l! p::> fe,,' If /,)1.1 Ii c>lLI. affo'(c!
minimum wages, you will minimum help 0 or rvices,
Pea. e '.?' 0 I' In i n d i:;::, liJ 0 r t h ;3 Jot tom e! ! ! : ~ I'ij)/ C I, i J d r en:) r (;:
HOyt h more t ha n m1. n imum !risge a nei mi n i rnurn hclF' ,;; nd/or
SE!'( 'v'.1 C<2'S "
As for Ms, Carstensen getting a daycare license, I feel
that thl;::; all\)\:,)',::; oLhe';.. mothc'rS in my position the
opportunity to a wider selection of care givers and a home
1 i I,: e n\/l r 0 nmo nt , (>os; to bel n9 a rnernb(?r of the
subdivision, having Ms. Carstensen have a license gives me
an avenue to correct problems that may arise that can nol
be work out as neighbors Ms Carstensen will have to
abide by more rules and regulations than she would have LO
without a license. J m 11 for Ms. Carstensen having
11con8<.::.. PIe.DS'.':- con:.o:i ," my pl'?i3 for mo,"c F)I'i"!:~lt
dayc",res for th(:; youth of (::mer ie.:;) fld the future Lea(Je,.,:,;
of the: (dor 1 d
, jJ
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C:>J- U.
{9()Jf
August 16,1993
NidJ
rtC~~wq:?
g~~);
CI~V
City Concil
Meridain, ID
The to members of Council:
In regards to the day care operated at 1840 E. Meadowwood
by Deb Carstensen, we have no objection to the licensing
of this facility. We currently reside one house from the
Carstensen1s and feel that both day cares on our street
are extremely well managed and present no problems what so
ever.
We are aware that if we sell our house, it is advisable to
disclose that two day care centers exist on our street.
After much consulting with my peers (I sell real estate
for Richard B. Smith) I feel this does not present a
problem with the property value of our house.
If you have any other questions, we would be glad to answer
them for you.
Sincerely,
Ef~If~~~(/ .
t:~~:~l ~j}~
\ 'D2::0 E - tJt-cc-dow C,Jca-k'ST \ c.Ae~t.C.-l:Rn
To whom it may concern:
August 16, 1993
I am not opposed to Deb Carstensen having a day-care facility in
her home.
Thank You,
~~~~W/l~
~I W Lo~v-\ec::=s 1 M-e.rtcLlCL-~'\
3h<e fq~
70 lu~ Jr H47 c?dVeo.eA/
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Lad ~~7m/ ~
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@MORGAN CREATIVE
August 17, 1993
To Whom It May Concern:
I have been residing at 2215 N. Meadowrose Place in Meridian
since November of 1991. I have known John and Deb Carstensen
since that time, and I have no objection to them operating a
Home Day Care operation in their home. I live directly behind
The Carstensen's and if there would be a neighbor filing a
complaint or having an objection it should be me. I have three
children of my own and am well aware of how difficult it is to
find a day care of this type, and know that your child is being
well taken care of during your absence.
I'm certain my neighbors on either side of me feel the same as
I do and they both have children as well.
s incere7?-fI-
n 0~,- '\1;(. { ( -f.~'7 f/Y1._
Cl:im Petterson
2215 N. Meadowrose Place
Meridian, Idaho
83642
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DATE: 111"~ l3 ~ ~qq:1
MER 10 I AN PLANNING AND ZONING
AGENDA ITEM NUMBER 8
APPLICANT: D~bb ~~ ~~V\n
C \"~~ ~_
REQUE~T:.~P:1~(}~~ ~~e lJQ\oM\ \- \6'("
bD-'M1. \~___ _ ('
AGENCY
COMMENTS:
MERIDIAN POLICE
MERIDIAN FIRE DEPT. -
MERIDIAN CITY ENGINEER -
MERIDIAN ATTORNEY -
MERIDIAN POST OFFICE -
MERIDIAN SCHOOL DISTRICT -
MERIDIAN BUILDING DEPT. -
ADA COUNTY HIGHWAY DISTRICT
ADA STREET NAME COMMITTEE -
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION -
SETTLERS IRRIGATION
IDAHO POWER
US WEST
INTERMOUNTAIN GAS
BUREAU OF RECLAMATION
MERIDIAN CITY ATTORNEY -Findings O+- (act ~ (!OVlC{USIOVt o.c Law
MERIDIAN PLANNING DIRECTOR -
OTHER COMMENTS:
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the
City of Meridian and the laws of the State of Idaho, that the
Planning and Zoning Commission of the City of Meridian will hold
a public hearing at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, at the hour of 7:30 o'clock p.m., on June 8,
1993, for the purpose of reviewing and considering the
Application of DEBB M. CARSTENSEN for an accessory use permit at
the property located at 1840 East Meadow Wood Street, Meridian,
Ada County, Idaho.
The Applicant requests an accessory use
permit for the operation of a Family Child Care Home at the above
property.
A copy of the application is on file at the City Clerk's
office at City Hall, 33 East Idaho Street, Meridian, Idaho, and
is available upon request.
Public comment is welcome and will be taken and heard.
DATED this ~ day of May, 1993.
'- 19(JAM^-s..~
WAYNE FOR:R'EY, CITY CLERK )
MERIDIAN CITY COUNCIL
AUGUST 17, 1~~3
PAGE 21
ITEM ~10: PUBLIC HEARING: REQUEST FOR ACCESSORY USE PERMIT TO
ALLOW A FAMILY CHILD CARE HOME OCCUPATION BY DEBB CARSTENSEN:
Kingsford: I will now open the Public Hearing and invite the
owner or designeE? to speak first.
Debb Carstensen,
atto~~nE'Y.
1840 E.
Meadowwood Street,
was sworn by the
Carst ensen: 1 have a thot.Lsand squal~e fa at pI ay al~ea that is
separately fenced from the back yard which includes a round pea
gravel base and an eighty square foot sand box with 2 yards a
sand, a fort, a swing set and other associated play equipment and
picnic area with table. The children have access to my back yard
only, which is completely enclosed by a six foot fence.
Submitted pictures of fence and back yard. We have a large
family room which is designed as the playroom. My front door and
garage door remain locked and dead bolted during the day. The
children are not allowed to play out in front at all. Health and
Welfare has inspected my home and has concluded that it is a safe
home for children. J abide by Idaho's Health and Welfare
guidelines for an in-home day care. As seen in the packet, the
l>1el~idian Police and Fit~e Depal~tment both have appl~oved this.
There was some stipulations that were set by Planning and Zoning
and I will abide by those. Many of my neighbors that I've talked
with w~r~ not able to b~ here tonight, they have written letters
stating that they are not opposed to my day care. Letters
submitted for the record. I am requesting an Accessory Users
PE'rmit for an in-home day care. The Accessory Users Permit I
know is required by the State of Idaho for me to receive my day
cal~e license.
Kingsford:
testify')
Any questions for Debb? No response.
Anyone else to
Pat Kelly, 1855 E. Meadowwood, was sworn by the attorney.
Kelly: I am against this for several reaSons. Number one we do
have a respective covenant in Chateau Meadows of which I have
brought a copy. It does state that you are not to conduct any
type of business out of your home. Also what Debb didn't mention
is that right next door there is another day care center.
Between those two homes there are twenty children. I'm
questioning does the City or does that restrictive covenant hold
any power over this') Is it ever considered in a problem such as
this:
MERIDIAN CITY COUNCIL
AUGUST 17, 1~93
PAGE 22
Kingsford:
consider it
not.
It is considered and we used to like to really
heavily until a judge over in Boise said that we best
Kelly: Then possibly a law could be set up that you do not have
two day care centers side by side. I have spoken to a realtor
and if I were to put my home up for sale I would have to disclose
the fact that there are two day care centers right across the
street. Now what is that going to do to my property value?
Concerns about additional traffic and two day care centers side
by side.
Kingsford: The City
They are enforceable
you. Anyone else?
cannot enforce the restrictive covenants.
by the residents in the subdivision. Thank
Kelly Ready~ 1810 Meadowwood, was sworn by the attorney.
Ready: I live next door to the Carstensen's. I'm not here to
critici2e anybody's care or how they care about children. There
is a definite need for that and there is a need in our area.
We've talked all night tonight about the traffic problems and the
safety problems with children. The traffic is getting out of
hand if it's not already. There is a need for day care centers
and there is also places for them in the commercial aress or
places designated for that. To approve licensed day cares is a
green light for all these others to start the business and get
funding from state or federal or whoever to encourage this. My
suggestion would be to find a place outside the residential area
to do this. People don't want it in a residential area. This is
going to be a money making deal. (EMplained - see tape)
Kingsford:
Thank you.
Anyone else?
Gwyn Barry, 1960 E. Meadowwood, was sworn by the attorney.
Barry: First off I think you guys need to consider the
difference between a center and a private home. In my eyes as a
working mother who does depend upon private day care a center is
somebody who has many children and many employees. As you have
noticed in previous documentation, day care is hard to come by.
People who work in day care are paid minimum wage, you pay
minimum wage you get minimum services and care. You also have
the chance of having many different people working. ] would also
like to state that] live in that subdivision and Mrs. Russell
MERIDIAN CITY COUNCIL
AUGUST 17, 1993
PAGE 23
does pl~ovide day care for my family, it is gl~eatly appl~eciated.
I cannot thank day care givers enough for the care they give to
my children. 1 would like to see Mrs. Carstensen receive her
license so that she can lower her numbers 50 that she can provide
the care that is needed for those children. I am very much for
it, I have no problems with it. 1 am one of those cars that
drive up and down the street and I leave at different times and I
do not notice a lot of cars going up and down the street for day
c a l~ e .
King5fol~d:
Thank y 01.1.
Anyone else"
Joyce Russell, 18&0 E. Meadowwood~ was sworn by the attorney.
Russell: I'm the licensed day care provider that lives ne~t door
to the Carstensen's and I do not see a traffic problem. I have
four to six children I watch and I know Debb has four to si~
chi Idl~en, I have two to thl~ee calns and she has two to three cal~S
and I take attendance every day and I went over my past three
weeks and none of them were there at the samE' time so there was
no major traffic there. As far as going to and from school the
kids are dropped off between seven and eight, school do~sn't
start until nine so there's no traffic there. The kids are
pic~led ~Ip between four thil~ty and five thiJ~ty, school let' 5 out
at three thirty five 50 there's no traffic there. 50 I don't see
any problem with the traffic or with the kids safety going to and
from school.
Kingsford: As I read the letter from Kelly Ready they speak to
having not received notice when you obtained your day care. Did
you ever get a permit~
R~lssell: Oh I got my pel~mi t, yes.
Kingsford: From us"
Russell: Yes I've been licensed for a year and a half now.
Kingsford: You did get a home occupation permit from the City of
l>1el~idian?
Russell: Yes and I was told I had to send lettel~s out to all
next door neighbors across the street and caddie corner and he is
two doo,~s down.
Kingsford: Thank you.
Anyone else?
MERIDIAN CITY COUNCIL
AUGUST 17, t 993
PAGE 24
Peggy Moyer, 2015 E. Paradise Lane, was sworn by the attorney.
Moyer: The lady who wants the permit does not have any idea that
I was going to speak. This issue came up when I was sitting at a
Planning and Zoning meeting and I was intrigued by the
conversation and the testimony. I did not know at that point
where she lived. I work when the Legislature is in seSSlon and
was involved when the day care licensing came into being and so I
chose to go down the street they talked about and did it at
different times, at different hours to see if I could find out
which house she lived in. I couldn't tell so finally I got her
specific address and went by it and then noticed more
specifically and I think that street is, and they have much to be
thankful for we live on Paradise Lane, their streets are very
wide. It's a very safe place, they don't have tremendous traffic
problems within the subdivision itself. As I mentioned before we
have lived there 23 years and watched the growth and the other
thing that I would like to comment about is thank the almighty
that we live in a free country and private enterprise can do it's
thing. There was never the intention from the Legislature to say
that there can only be one or two in a designated area. That is
free enterprise working at it's best and I think this is a very
positive thing. The intent of the Legislation was to allow that
very kind of thing in residential areas so that everything would
not be commercialized.
Kin g s f Ol~d :
Thank you.
Anyone else?
Chris JaCObson, 1835 E. Meadowwood, was sworn by the attorney.
Jacobson: I'd like to bring us to the issue that's really at
heart. It's important to have day care for our children and it's
important to have private enterprise in America and I think
there's a place far both. I think it's also important to
recognize what people are doing when they are moving to places
like Meridian. They are taking their belongings, they are
selecting a lifestyle and their buying it. That lifestyle
doesn't include businesses across the street. To me it's a very
simple issue. It' 5 a subdivision, it's a place to live and
that's what I want to be done there.
Kingsford:
Thank you.
Anyone else?
K. Galea'i, 2190 Lochness Way, was sworn by the attorney.
MERIDIAN CITY COUNCIL
AUGUST 17, 1993
PAGE 25
Galea'i: I'm going to tell you guys the neighborhood 1 was
raised in families look out for each other, not worry about the
family across the street opening up a business to make better for
themselves. People mOVe into neighborhoods where 1 come from to
live, to raise their children, not to worry about the guy next
door except to look out for him. I bought this house just two
doors down from the Carstensen's a year ago thinking, this is our
first home by the way. This neighborhood is the coldest
neighborhood I've ever lived in. When I see people like this
bickering about the care and welfare of our children, you can't
look at that as a business. That's care for our children.
Kingsford:
Thank you.
Anyone else to testify?
John Carstensen, 1840 E. Meadowwood, was sworn by the attorney.
Carstensen: I'm Debb's husband. The kids all come and leave at
different times. The mothers pick them up at staggered times
every day. We don't have the luxury of being a one income
family, we need two incomes and my wife chose to watch kids in
her home to provide the service that we would like to have for
our kids if my wife chose to work outside of the home. The in
home day cares are in high demand. My wife get's phone calls all
the time and has to turn them down because there's only so many
you can care for. This Accessory Use Permit is required by the
State of Idaho for my wife to obtain a license. As far as the
letters I submitted and also one from one of the neighbors, she's
a real estate agent, and I have called and talked to an actual
appraiser that's done appraisal of homes in Chateau Meadows. I
explained the situation of the day cares and so forth. He asked
how many kids she was watching and then he said if it's not a big
commercial day care he wouldn't even take it into consideration.
As far as parking we've heard the concerns of our neighbors,
we're not cold to them, we want to try to work this out. They
said they have problem with parking, since then we've asked every
parent to please park in our driveway, sometimes they forget or
the father picks them up and not the mother or something like
that, but we've really tried. I received a letter from Wayne
Forrey and it states as far as the covenants pertaining to the
5ubdivision do not prohibit home occupation as long a5 it's
approved by Planning and Zoning. Don't leave things laying
around out in front and I try real hard to keep the front of the
house looking real nice. My wife works hard to watch these kids
and is trying to work her own way through school.
Kingsford: Thank you.
the public hearing.
Anyone else~ No response.
I
will close
MERIDIAN CITY COUNCIL
AUGUST 17, 1 gq3
PAGE 2&
Th~ Motion was made by Y~rrington
approve the Findings of Fact and
requ~st for a Home Occupation p~rmit
and second~d by Tolsma to
Conclusions of Law on th&
for Debb Car5t&nS~n.
Roll Call Vote:
Tolsma - Yea;
Yerrington - Yea; Giesler - Yea; Corrie - Yea;
Motion Carried: All Yea:
The Motion was made by Y~rrington and seconded by Tolsma to
approve the Accessory Use Permit.
Motion Carried: All Yea:
Giesler: I want to say something about this issue. There isn't
anybody on this board I'm sure that isn't more sensitive to
children than we are. I have had them and I still have them and
I've needed your services before. But I also s&e the people that
have read this piece of paper saying that there will be no
business in their subdivision and this is something that they can
go by and they can purchase their home by and I've always gone
with the idea that if the neighbors did not mind having this
business next door to them then it was fine with me. I think
there is a real need for children to be in a residential
atmosphere. It's always been my contentions that if someone did
oppose it they had a right to oppose it and I would vote for that
person that owned that home because they bought there with the
idea that there would not be a business next to them. I think
that their rights have been taken away but by a decision of that
Judge in Boise we have no other choice other than to approve
thi s. I hope you all understand.
ITEM ~11: PUBLIC HEARING: REDUEST FOR ANNEXATION AND ZONING TO
R-8 WITH CHAMBERLAIN PRELIMINARY PLAT BY KEVIN HOWELL:
Kingsford: I will open the Public Hearing and invite the owner
or a representative to speak first.
Jim Merkle, Hubble Engineering, 9550 Bethel Court,
sworn by the attorney.
B 0 i s e, wa s
Merkle: This particular application is for annexation and
preliminary plat proposed for 27 acres located directly north and
contiguous to the existing Chateau Meadows Subdivision No.8.
u'PrJ: lw::=r'
AUG 1 7 1993
CITY OF MERJDIAN
August 16,1993
City Concil
Meridain, ID
The to members of Council:
In regards to the day care operated at 1840 E. Meadowwood
by Deb Carstensen, we have no objection to the licensing
of this facility. We currently reside one house from the
Carstensen's and feel that both day cares on our street
are extremely well managed and present no problems what so
ever.
We are aware that if we sell our house, it is advisable to
disclose that two day care centers exist on our street.
After much consulting with my peers (I sell real estate
for Richard B. Smith) I feel this does not present a
problem with the property value of our house.
If you have any other questions, we would be glad to answer
them for you.
Sincerely,
E~!f~~~(/ . ^
t::e;:~:!:l ~j}~
~ 'DecO E. f\.J\ 'C'c-cto t-0 c0e:cd. Sf ~ evil e~lCj.-,.',-w"
To whom it may concern:
August 16, 1993
I am not opposed to Deb Carstensen having a day-care facility in
her home.
Thank You,
dY'^-cL (1 }-yi, {;^-
~yn~~ f5 r N~f~i , ,
~180' Lo~~~~ 1 M-tI'1.CLlD-.-v'\
31 'lee {q~
RECEIVED
AU0 1 7 kij3
73 l</~ JI H'7 Gve6<A.f' CITY Of MERiDIAN
\Jt p,z~ ;,La r of'f2trS'e..!J
/ZJ C;:;-"Q.Sre-/Vcs ~~I !-hn//A("?- A-
D"); 4,ac: LN 77k//(. fh'Me...,
Lw/ ~~roA/ Jfi ~
!7fL G Mtl11Jc 0/ th-ep . . M
A1u-IOIN I
I
@MOFlGANCREATIVE
RECEiVED
AUG 1 7 1993
CITY OF MEHUHAN
August 17, 1993
To Whom It May Concern:
I have been residing at 2215 N. Meadowrose Place in Meridian
since November of 1991. I have known John and Deb Carstensen
since that time, and I have no objection to them operating a
Home Day Care operation in their home. I live directly behind
The Carstensen's and if there would be a neighbor filing a
complaint or having an objection it should be me,. I have three
children of my own and am well aware of how difficult it is to
find a day care of this type, and know that your child is being
well taken care of during your absence.
I'm certain my neighbors on either side of me feel the same as
I do and they both have children as well.
Sincere7l.-fI-
() &v..\. Vi { ( ~:~) v~_
~im Petterson
2215 N. Meadowrose Place
Meridian, Idaho
83642
RECEIVED
1 7 1993
CITY Of MERIDIAN
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AUG 1 7 1993
CITY OF MEHIDIAN
)I
DATE: 3UJ/\\:.
<?<,\qq~
- .
MERIDIAN PLANNING AND ZONING COMMISSION
AGENDA ITEM NUMBER q
APPLICANT: De~ CO~-t.ov'"\~eV\
v~\\~t &~~\,,~SS(~~:;Q ~prM\~
\
AGENCY
MERIDIAN POLICE - II tUo l\olliVY\ \\
MERIDIAN FI RE DEPT. - \\ Wo 'Prdo\.Q.m 1\
COMMENTS:
MERIDIAN CITY ENGINEER -
MERIDIAN ATTORNEY -
MERIDIAN POST OFFICE -
MERIDIAN SCHOOL DISTRICT -
MERIDIAN BUILDING DEPT. -
ADA COUNTY HIGHWAY DISTRICT
ADA STREET NAME COMMITTEE -
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION -
SETTLERS IRRIGATION
IDAHO POWER
US WEST
INTERMOUNTAIN GAS
BUREAU OF RECLAMATION
MERIDIAN CITY ATTORNEY -
MERIDIAN PLANNING DIRECTOR - k \M~ C.D{(e.'bp.?l'\~CQ..
OTHER COMMENTS: ~O{) ~(~d ~~er5 from n~ffh-ho(<)
HUB OF TREASURE VALLEY
OFFICIALS
JACK NIEMANN, City Clerk
JANICE GASS, Treasurer
BRUCE D. STUART, WaletWorks SuPt.
WAYNE G. CROOKSTON, JR" Attorney
EAR L WARD, Waste Watet Supt.
KENNY BOWERS, Fire Chief
BILL GORDON, Police Chief
GARY SMITH, City Engineer
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888.4433
FAX (208) 887-4813
GRANT p, KINGSFORD
Mayor
COUNCILMEN
RONALD R, TOLSMA
ROBERT GIESLER
MAX YERRINGTON
ROBERT D. CORRIE
Chairman Zoning & Planning
JIM JOHNSON
March 19, 1993
Mrs. Deb Carstensen
1840 E. Meadowwood
Mer id i an, Idaho 83&42
RE: Accessory Use Permit
Family Child Care
Dear Mrs. Carstensen:
The time period under the Ordinances of the City of Meridian for
filing any objections to your request for an Accessory Use Permit
for a Family Child Care in your home at 1840 E. Meadowwood has
expired. The City of Meridian received three written comments
from the neighbors in the area objecting to this type of use.
Therefore, at this time your application for an Accessory Use
Permit for a Family Child Care in your home is being denied.
Under the Ordinances of the City of Meridian
request a hearing after notice to neighbors and
before th~ Planning and Zoning Commission which
the application after making Findings of Fact.
2-410-D-&
paper, to
may grant
you can
be held
or deny
Please advise the City of Meridian as to how you wish to proceed.
5incerely,
.\
mann
dministrator
Meridian
<} c. A tl\; ,-,v. i
-
901.4821.
RECE!VE11
1 7 1~193
CTI"ry 0 ,- . .,,--1' I~'~ Ii 1\1
! a t"' l'iU~i'tiLlu\!\
. ..~.:'.
~ .;
CHATEAU MEADOWS EAST NO. 1 SUBDIViSION
Hf::STr::: I C::T I VE C:U'..'[l\I,<\NT~:;
'1"1'1 e und G~r S i 91'1 ed, b i:'? i n '~J t h,.: OWnE~y ,c; () f t h 0: IJ'( op \':'0' r-t '-,'
hereinafter described, do hereby adoot the followino protective
covenants in their entlrety to ~nply to real DYOperty to be
8ubdiv~ded and contained in a 5ubdivlslon to be known as ChATEAU
1'1 E ,C; DOWS i:~(.'~,T. NCJ: 1 f:3 U 1:1 d i v i ;'~ i on 1 .'\. ,.D 0'( 'I; i. ")11 (:' f l; I') f::' ~.)VJ 1 / ':i, y Q f
~3~,?c 1; i on ~7i, r (';.wn Sih 1 L"J 3 Nor t h. f,:: c:ln p (;~ L,d st y Do;;. 1 .::,E:: fe!I";) t' J. c:J 1 c:\I".1 v PI c:l ,,;\
County, Idi01.ho.
The said Chateau Meadows
sin (;.11 (.::? l' ,,~m i 1. y '( (:,?,:; j, (1 c.?n t i '::<. ~ :;. ,.., 1:. .:::.
r,5'1,; at (,~ 'r (:?cluL .::\t j, onE. ,:'~,nd 1,'.:\\,.':.."
__~~._._."m.' ,
Th e 'I' 0], J o\d:i n p c oV(!.~ r 1 "In t; <;" ~::; 1'1 <:\:1. :I. ( :.,ll.1 I,) i t n t: h (,,,~ :r. ""r.1 cI c:\ n CI (:J €:~ 1 n
f Col" ,;: e anej e f f e(: t ~:l5 o:~,u i; 1 in .;?(;j l;) f? 10\,,' u: ',1 IO:'<;;r::, or un t 1 J t f:,?r IH in ,:;"t ,..:,?r.l b'l
agreement of the owners of seventy-flv8 percent (75%) of the land
in the subdivision and after all lots therein have b80n sold bv
In t (:~\" was t DE:.'v(:)], Q!) mt0 f"\ t (::(11" [). , h E~r Ie;: 1 1, ..:1 f t er ':: ,;:\], ~. c:'~cl " D(;J v(~~ :1'~:'nt,,)" " ,
l"lodi fic..:\tion c,r 'I;G?rminati,:)n of .!;I'10<;;E'? o::ovl;?n<::"\nt~:, ,::;",n only 1:)(:' t!'I<:;.cJf:.?
wit f'1 '~11 E~ ':: Cln~:;1'2f'1 t '::' f t h E~ D(;!v(~:1 0(;1/.::'\" wh i J. ~.? <:\n V ]. :::;.'1; sc, in t 1"1 :i. S
subdivision remain in the ownershio uf the Develooer. and are as
follows:
Cf,\';, I.. . .;UC' 1.:1 1 vi ":1 (;'1"1 .I. "; ell vi c:lf:.'U 1 nt c'
i. n C j' Illl n 1 i ~~I, "'"1 ~:: (.~. \,,-' 1 'I.; j"~ t j' I t:,\ ,L () C ....~ .i ,:",),1 "} ...1
---
(1) j\lo UUilclinq, f€.!rl(:€:!, h!dJ"i., <;5tl.-U(;t'Ul"(:'!y liilC)'(C'Vr;'?iilE"rl'i:: ()l.
obstruction shall be placed or cermitt[0d to remSln uoon any part
of said property unlass a written request for aopr0val thereof
containing the plans and 5pecific~tion5 therefore, includlna
exterior color scheme, has been ~ouroved in writinc bv the
f\l~ c 1'1 i i; (~I: t u r <::'t I C':'Hlini t .c ~?(~ . Th E~ ,:;lP p '( c'v';:~ J () f t 1'1 (,0 Comlil 1 t .1: f:,:(;: ~:;I') i:~ 11 r.'1 0 t
tJ(': Llnrec.~s:;on",~!jly ~",ithhelc:1 i. f th0? s'lc:\icl p,Larl1;5 and ~;c)(!:ci fj,O::c:\tionS5 C:jr(:,~
for imp~ovements which are similar in general desion 2nd quality,
<Tlr1c:i t~c'~ner ,;:\11 y in f'lar mon y ',vi t h t hr..? c1o.,)(:)11 i nqs t: hf.~n 1. oc at 0?d ':;'1'1 s;<~ i c::
p)" C'p f'!!l' i; y .
(2) \'/,,:\1' i c\nCeS5
plat may be gIven
showings and 50 long
~:'I. n2 (nG? '1; .
in bui ], d :i. r'IC~ <,;;;:.)1:, ,...('i,,':\C k lr QClUl,r c:~nl.,,'ITt ~,. r:f:.~lc'\.<m on
by t i'.) (,? lii.- C I") i t I".". .:; U '( ale Oinin i t t (;0'0':? L\POri ,:) .1" '::'J:j ,,:01"
r.~.S t n t::~ r"le'\" 1 d i ;:1 n ,.: i t y cw d 1 n ,;;',1'1 C t7.'~; -::'rl ~;;(,?t ...u .;':\ C k <',
(3) Th e 9 r .;,)Llri cI f 1 00 ~H .::\ '( E)",\ C,I t: 1.'.1 (0 on (:).....~:;t () (y t'\ OLl S€'.: i. n 't h i. .;;:,
subdivision Shall not be less that 1300 square f88t on ths arounc
fl()or e:I;(;J.udin~~ covE,>rec1 por'ch ar.(.:.'C::\~::j, tl(.t,~(':'~~'~t'~v.;:~y'~:;, ~~"':l(,,TlOt;')~; Oi"
patios. Two-story and tri-level hom€'~ shall have not less than
1400 squ,,;1. r €;! f e~'?t, E:~ :1;';: lUG 1 Vf;) (;:, 'f '~h (:., ," ',) V(~(' €~cl ;:) or' c :1 C~ ::" , E'f') t (' c:\(1''; f~)~; ,
9 a 1'- "'10;) (:~s o~.. D ,.l t i 0<5. On ~';)_. ~ (,,,!\/:'], h Oill(":':~ '! :'. 'I; h 1:1<"\ \;;c~m'~~n ",: .:; ';:.r"l ~:'I.l 1. :.)<:'\ VH ''''
min;LrnufTl of 2400 sqUGil"e ft,~€:!t {/ll'\." t:'''lt;;! Cll"OUnU If,:'vE'~l hEIV),rll::! <.\
In 1. n i mum .;:. f 1200 sq ua)" e f f1 tz.::t, a 1 ",I,) o::.~ :/;.;: ., u(:! i f1 q C ov~:?'( ~,:cJ IJ 01" t': 1'..1 <) ';' '.,c',',:! '"'; -
breezeways, gSl"ages Ol" oatios.
,. ,r (
,.-:.
(4) The value of each con5tyu~ted residence shall equal or
exceed $68,000 based on December 198~ values.
(5) The design of each house in this subdlvlSlon shall
(,::,'1'1 d (:~~l VI:'}' t Ci i. n.:: 1 ud r;;! r:i\(,? S l; 1'.' f,?t i.:: Cl u.a). j I; i 1:'?~5 :5l.lO:: h ,':., ."; I:Jr- 1 c k , ',' c-::;'(j '")00 Ll ,
': r.7~d i.\ I' '. Col" ~:; 'f; on €~ f ,'::Ie i n g~" on t h ~',\ 'f 1" c:,n t (":.~ 'I; C) c'~; u r €~ " Di:;\ Y \.;:i n c:1 CIW~:, , '( ()C' f :::;
o f r~ t ' 1. (,,? '" f:5 t 4 i n 12 pit c h r I:J '( () k f.e n r' 0:.:' 0 f 1 i n (7?~:; , C1 a tJ :L f?~; , h i J:) 1.-';:' 0 l' .,:;; ,
r.i:! 'I; ': . f~ :1; t E':.'l" i 0'(' C 1:,1 ':'1' 5 () f f.i:! a i" t h i; on G'S 01." _ (;:1'( E\Y'~~ Sfl <'.'l J ], tl c,
encour~ged. Bright or bold colors, or very dark colors shall be
di sc OLII' a9(,;?cl"
(6) No gravel roofs, split entry homes,
built homes into subdivision.
or me,v:i, 1'1 CJ C' 'I D.'" i',::.....,
(7) All lots shall be provided with a driveway containlnq a
minimum square footage such that two off-street automobile
CJ ,3.1" k :i. n9 so c:le E~~:; a\" Ff: p Y (;'V j, c:I t:'"cj 1,.,t:l t h :i, [,i t: " fOo' tJ oun r.:J ,;:\ i" i e:::; (;J i' E!.:,\C fi 1 IJ t .
of a
will
(8) All ,,;uc h P ,:'~ j'- kin CJ ,'::1 1~ (0;::',:'0\ j'" f:::C1 u j, Y' r,~m(,;?n t ~::; s:,I'1 ".:\ 11 I) e €,~ :1; c :I. !.l;;;; i. V(.,~
requiY~d attached and enclosed two car qarace area whlCh
hold no less than two cars and no moye than three.
(':';I:> r or t h t;? pu\" P os,.(.? 0 f t fi €,? (: (::0 V i:;:' r"l ,,',In t; So., [.~a V (':;:. ~:, , ';:; t f,~ [J !::; , o':1.n c:1
open poyches shall not be considered as part of a bUlldinq,
provided, however, that this shall not be construed to permlt any
pOl~i~ion .::,f ,:1 buildin~l 0::11"1 ,::1 lot '1;.:, E'riO::l'O,i:\ch U[)I,:Ol'1 ,'::\f'10t~H~1' lot. I'J,)
tJu:l1clirip 5111::\11 bE? in E~~/;CE'f:;::; of ty...lo ';:jtOt-ie~5 <It;)OVt,,:, ni:,\tUY'.;;\:J. pr()uncl
If:?vel.
(10) Fences shall not extend closer to any street than
I~wf.:?n!;y) fei:?t (20), with thl:? (~:';(:(~J]tiOI'1 of thoS0:: lot~; bi::\ck:i.nq N01'th
l_C.":U~5t Gr,)Vf? c'r Chateau L,,:\(H"), nor. f1:i,';lh€~r tf"It.\n ";1.~/; \.t7i.! f,-:,!t-e'l';
wit h O::,U t f:~ ~/; p i~ ,,?~;'~; o:~p I:) YO v i:.~ 1. .;:. f t hf:? f\'( C 11 i 'i; (,00:: t (,1)'" d 1. (:'.:"0(\"' i 1:: t €.? I.:'] "" n, j I; I'i F:
I"I€;)l~icliarl City C:ol.lnJ::l1, and ~~h",d,l t:lf'2 ,:,f ~:IC;u:'.;:J CiU..ilit"/ ,,,.,nd
workmanship and shall be pyopsrly finished and m2intain~d. Th8
1 0:. ': at i I:' n 1:, f fen c e 5 , h €':.' cl ~:I e s , h i C) h p 1. c:\, r1 tin Cl ~5 , 0:< [~I ~:; t r L.\ ':; t i (;I n ~:; c. I"
baY r i er s ~:;;h f.7\ 11 be s.o ~; i t U"I t G?d a l;. n ,)t t c' un i~ E.',::\ ~';()n ,:dJ 1. y in i; (,:,~ {' f (,')i~ Ii.':
with the enjoyment and use of neighb0rinq properties and streets
and shall not be allowed to constitute an undesirable or noxious
or nuisance use. The determination of the Architectuyal
Committee shall be bindinq on all parties as to whether an
undesirable, noxious or nuisance use eXlsts.
(11) NCI DUIJlf:?:'; or inl.lll;i-familv I:)uildin,.~] ~,;rli::I,l,.
within,the boundaries of this subdivlsion.
t) G? :I. c' I:: \~l "I.; f:~ c~
(12) Construction of any
shall be diligently pursued after
completed within eight (8) months.
j" ,,,.!.,S i den c f~::5 on
c: c)mmeno: f~mr.7!nt;
th\,:' SLtl;)(1ivlSior1
t h €.?'(' e,:, f ~ t (:0 l:! '..;.'
4
Any other requests by
Architectural Committee.
1 a l~ cJ E? "
lot purchasers must be approved by the
D':lc~~; ~:; h ,,':\ 1 1 1"1 ()"i'; b ~;)... <:111 oWE~d t 1:, Y' un ,;A t
- ?
I?r Zo IV
( 20 ) 1\J c. b u~; i n E'"' "" ~r., ~;; h ,;':II, 1 t:H:;) c () I i cJ u etc.? d ';)(1 t h C,) <':'1, [:"::,1 v C~, [J Y' .;) D I.,> I' t :v"
unless legally permitted under the Qxisting and DY0vailing %On8
restrictions. If permitted, no business or commercial use shall
bE' a ll':'\"(,i:d t h;" t c .,\nn ell; b (,? con d uc t lc':\.;j !'.J i t 1'1 i nth (':'? ( (:'~:, i d (,':'1"1 0:: (;: i) f t 1'1 (,:
owner. No signs shall be installed to advertise said business.
No c.j, 1 ,e:,;p 1 OJ" ai; i ,::,n or dG?vC'.!l QprnF?nt c, f <3ny 1"1 <:.,t Lll'" C~ Cl" kind Ql^ mi 1'1,i. f19
explol'"ation, development or structure shall be oermitted uoon the
lots in this subdivision.
(:21 ) On 1. Y CIIH:;) (1.) OL:.t b L.l :i. 1 c:! :i. n (] :.' ,.,.". 1 0'1; ~'J J, ],], {HI" ,,';i'i:l. 0:)\,.,1 (::C[ " (.l,U,
outhl_lildiI'193" ~:;h,'0..l.l IJc", CGrlStl"UCtC?Cl uf qo:o.;:;oC! uu<'~li'i:'y' bU,I,ldinCl
m,:;I.tc~1"i~:\l1 ':::omDl(:':)t(~?ly fini:':;ht;)c! 2:\l'"1cl ~.'..I:i.r,tc,:)(j ("n trl(';! out~::,:i.('Jf';.' '::'lr'lC!
fsh..\.ll bE' of qo.;)d qL!,'::'\lity <~ncJ Ch,Cl.Y,;t,;I::",)y' th",.I; ~'~.LJ.'i I)!.,,~ 11'"1 h,.,\i.-f'I)l')I'J'y'
with the other buildings on said Dr0~10Yty and must bp aporoved by
the Architectural Committee.
(22) No building or structure
property so 2S to obstruct the windows or
property owner in said subdivision.
shall be placed on said
1 i c.] I') t (:I f <:,\11 y ,'a d ,j 011'1 i 1'1 C)
(23) Additional easements~ In addition to the easements
ShOltJr1 .:.r1 thG! r't"::'cOt-d€0d [Jlc:\t, an ea,,:;(:)ffiC';'I'lt i~" fut-th€,~l" Y'0?servf.:!d 'fl'/f,"
(~5) feet on ('2,,10::1"1 ~.;id(2 of ,'::\1.l Clthc:?r le,l.; linj.:.?5 fOl'- in~;I:.,::\llation '<:~,ncj
maintenance of utilities, irrigation and drairiaqe"
( <'l\) t-~ i t h i nth (?~;f.", C?d :'; c,~rnf..?n t 1,:; 1'10) ',; I; )" u C t t.l'I" (,~\ f p J ,';\n I, i i'19 OY' ".1: 1.\ Co.'{'
mat e1" i al sh a 11 be p 1 ac E'd Clt" P (;~l" mi t t !,;.,lel t I:;' t erna in \.,J1'1 :j, c h mEt',' c:f ",\m.,\C,I;3.)
or interfere with the installation and maintenance of the
utilities, or which may change the directiQn of flow of water
t h r clurJh d r f.:\ i n a~:J (:? c h ,::In n (~l~.;.; in t h (,: ((;>"'\ ~;("(I'lr~n t~; .
(b)
it sh~'.:\ll
(0) >-; 0: E;![) t : f Cot"
\.\tili1;y is
The easement area of each lot
be maintained continuously
t f'IO~~f.:" i IlH))" ov!.~)m0,\r..,.1; ~~ for h'h i c h
1" €':~::;p (;.n f.. i b 1 G? .
and all improvements in
by l;hc':l OhJI1&!l~ e.f th\:? lotr
c\ [ILltJlic ,.::l.l..lthoy.Lt./ ,e.""
(2"1) Th j, S;j su tJCli vi!,;:i Q rl 1 '::; ',,1 i t f1 i. 1"1 t h E~ f\i",IIllC) a -l"k:'t' i cl i 2\1')
Il^rig,:.,tiol1 District ""nd ~5UI:J.jC~ct t';:l ,..ny a.nd all a~::;s:;G?";~;;m(,"~r')I;f:,, ,yf'
sai d d i sot I" i ': t . Th e devC'~J. op fI!!l" h <';\S; II. <,,'(d (;;.,> (J r C'V i ~:; :i, c)n S5 t; h<':\ t PI", .'\;' j, d E\
for f L\ t Ll r (0:' d (2 1 i V c'? r y 1:, f i t- j" i 9 ,;t 1; ion ~",,).l.: ,.? 1" tot h f2 i n cii. \I i d U ,:,! 1 1 () t '5 .
Th 0'! <:\1: t u ,,:\1 c on~:; t r uo: t i on ,::\n cJ f.:~:'; [:! (,~I 'I ::'('.~ 0 f ~",,',\i cj So \' '0;; t E'Uil 1":; t tH':~
oIJlig<~tion of th("? lot c'~vn;;;~l"~:;, a~; !~hf:?ii^ ol:...Vic,n, dnd J'11;.I; th.z,'!!
dev(=,l opel'" "
c.
(::J 1 ) T~1 G..~G€'? C CIVf:'.if'l c',\n t~;; ~:;h c'\ 11 1" un ',.,) i t: ~, t f'1 t,? 1.::\nc! "::\ n d ~:>rl "...1:!. t:! c:
binding on all persons owning undev them for a period of thlrty
(30) years from the date of this recordino thereQf~ after which
timt'.i '~5UC~1 c,;:,v(;?n,,\nts ~::,h,~111 I:J,",: i"(ut'::'m,::'\'l;ic,,~11v E!~':t~:o'ncjf::cJ foy'
t"il.lC c E'~:;;S i ve' p ('?1" i. oc:l S 0 f t (.:.)1"1 ( 10) Yf~t,1 l" ~:i. ~ uI'11 f.~s~:; <,\'1'; <':\1"., y t 1 fnf:? i\ f t ";')(
th0"' .LI'liti,al l"i;?C01"din9 ,::,f I.;hif5 in~',t'''-L1(n(~nty ,::\1'1 in~;t1"umf'~n1; ~;,i.CJn.:?(j I:JY
t h (;,? O:;lwn e r '" '::' f ?~jl. ':' f t h (0! 1 e,\ncJ .::. f t his Saub d i vi t:;; :i. (;In : 11 <':\::i t:l t".'f:,!r..,
recorded agreeing to chance or terminate said cpvenants in whole
01" p.;;\l.-t ,::\nc:l af'l;e1" all lc.ts thf.,:)rG.'in h.:\v€<) !:If.:f,;)f'l ::;olcl by I;rlt;.'
Developer. Modification or termination of these covenants can
only be made with the consent of the Developer 50 long as any
lots in this subdivision remain in Developer's ownership.
(32) Enforcement aqainst any person or persons violatinq or
attempting to violate any covenant herein after t~n (10) days
notice thereof in writin~ served on the offendin~ party, shall be
h,ad by ","\ny P1'c,pE'ri;y OvJn(3~1"~; v;ii;hin ~i5<:\icJ ~:;ubdivis:i,'::Oll f.,?i'l;h€~l" ,:It 1,,'11';
C'Y' f.;~q Lli:!; y. In t h€:~ (:.! \l c.:,! 1'1 t .:::' f .judf~ C'::'ilH::.'n (, '?:\C1 ,'::\ :i, n ~5t eH'l y t:)f2l" :;;01'1 f CH' ~:;uo;: f I
the Court may award injunction auainst any person fov such
violationy require such compliance as the Court deems necessary,
award such damages, reasonable counsel fees and Court costs as
1112\)/ t)8 f;;uff(o.)'!"E:'c:1 e,l' in,:;url";;,;:'d, i::\ncl ',;L',.;;.h c,ther e,r ft,tl"tf1C'~'1" rc~lic~f a~j
may be deemed just and eQuitable.
(33) Any Owner~ or the owner of any recorded mortoace upon
any part of said property, shall have the right to enforce, by
PY'o':~O!f::d:inq <1;\'1; l<:\~.... ':'1" in eCluityy ,:;:\1.1, l"r:'2fS,'l;1"i~::t::i.orl::j, cor'lc1:i,t:i.or",c""
covenantsl ~e5ervations, liens~ and ChcirqeS now hereafter lm~os~d
by t ~1e p l' ov:i. E i on ~3 0 f t; h E:'~ D c'o:: ], <,\ l" E\ t :i. ()r", .. F' <',1 i ). UY' [;) b':l ,,:11., 'I. O~'JI'i j.;,'''' t .:::'
enforce any covenant or restriction herein containerl shall 11'1 no
event be deemed as a waiver of the richt to do 50 thereafter.
(34) A committee of threro W0YSOnS shall act AS an
<.:'\ ~ ,~: hit (::!-I: t \.11' 21 1 cJ E~~:'i i c;ln c ()i'fl 'II i t; t E~E:'~ ,;.:\ rl (I ~:;;I'1~:\ 11 , P 'j" :i. C'l" to an y n 0.'!....)
construction in said subdivision, be furnished with one set of
detailed plans and specifications of any proposed buildinq to be
I,::,,: ,::\ t Gd; in S5,'.:,\i d subd i vi:; i c,n ,::In d ~31'l<:d 1 I:H:.? ,"\11 Cl\"J(;?d t (,m (10) (;1,,,.'1'''; to
rev i E,\ '..J ' :;; a i cI pia n s , d r ,;:\~) :i, n ~l s r '::1 n d :3 p G~ C i f i C 0:\ t ion s", .. .I r ~; r:,\ i .:;1
committee shall approve cof the proposed building, or modification
or alteration thereof, they shall so indicate by the datino and
siQnin9 eof thc;~ 50?1; elf pl,:,'\ns by,", m(,;,?mIJf:Jl" e,f the cO(!lrnittc.:'~('?, "lnd
their approval shall be construed as full compliance with the
provisipns of Paragraph One (1) of the original COVEnants. Said
committee shall have sole discretion to determine what shall be
substantial ceompliance without prior consent of said committee.
"
D
Such ownership of any such lot shall be the 501e
q L( ,,';\ J. :i. f :i, C ':'4 t i on of Ol~ b €0C (;)11l :i, n p c,l m(i'-'mb E,'r" , ..\n d ,,:;h ",\ J. J. ",\'U.t Q rn"'!l tic 0:1.11 V
commence upon a person becomino such ownor, Qnd shall
,,;\u'c om,.\ tic ",\], 1 Y t; E'~1"1T1 i n <.:\ t <:::' c,\f'1 cf 1 ''::\[) ,:;{,:: ~vhQn~:; Lt...: h ..)~fn C~ '( ":i hip .L J I ~",i.:\ :i. cI
p ,~ C'l:H:~l~ i; y ".1'1 a 11 t (;~]~ HI i n ~Jl t (:;) c.]' L.lle? I; i" ,;:In ~:; of I,::'l~ l~ E'?c.i " TI'I!:'? r\". ~;':)':: i ':l t i .;:;. n
shall maintain a member list and may require written proof of 2GY
member's lot ownership interest.
As additional phases of Chateau
formed and brought to completion,
automatically be integrated into the
restrictions and privileqes applied.
Meadows Subdivision are
t I. H:i! n (;,~ \.... P 1'1 ii\ \;; .'2 W i 1 1.
AE; E;C":: i "A t i. on , 1,...d. t h i::\ 1 :I.
ThG! fj.n,;;\f1.:it:\l
may be examined, at
reports, books and ra~Qrds of the Associ8tion
reasonable times, by any membe~ or mortgacee.
10
(41) Each owner of any Lot by ratification of these
covenants Or by acceptance of a deed or contract of cur chase
therefore, whether or not it shall be so expressed in any such
deed or other conveyance or agreement for conveyance, is deeded
to covenant and agree to pay to the Association (1) regular
annual or other regular periodic assessments or charges not to
exceed $18' per year, (2) special assessments for capital
i rnp l~ OVEi:'men t 5, S:iU': h f;\~" ~:iE."'~"~"mE"'n t .5 to tJ e f i :'; t:\d, _ (;:.'"" t; "'I tJ 1 i .:;h €;) c:1, an c:1
collected from time to time as hereinafter provided. The reqular
and special assessments, together with such interest thereon and
cost of collection thereof, as hereinafter provided shall be 2
charge on the land and shall be a continuinc lien uoon the
prClpeyty 2fJ.:.dnsi; wh.i..:h such i:.~ss",?Ssmr::?"1t 1.> j)'},ijde. E,::\ch ~5\.!1::l1
a55e55ment~ together with such interest, costs and reasonable
attbrneY~5 fees, shall also be the persClnal obligation of the
cerson who was the owner of such prop~rty at the time such
f:.l. s:; ~:;(~~;~:;I'j)r:an t ,,,J.:.\ !:; "1 (;-1Y i ~?d . Th\2 ob 1 i 9 ,o;\t i e'1'1 s:;h ,':.1.11 i'" r;'?li1a 1. n i~l 1. i r,:?n e,n t h f.?
property until paid of foreclosed, but shall not be a personal
obligation of successors in title unless expressly assumed.
The assessments levied by the Association shall not be used
for any ~urpose other than the improvement and maintenance of the
Common Area. Subject to the above provision, the Association
Directors shall determine the use of assessme~t proceeds.
In addition to the regular assessments authorized above, the
Association may levy in any assessment year, ~ special assessm0nt
aoplicable to that ye2r only, for the purcose of defrayino, in
whole ClY in part, the cost of any construction or reconstruction,
unexpected repair or reolacement of a cacital imcrovement,
provided the assent of a two-thirds (2/3) majority of the
complete votes represented by those members who are v9tinc irl
person or by proxy at the meeting duly called for this purpose is
obtainedy written notice of which shall be sent to all members
not less than fifteen (15) days nor more than thirty (30) days in
advance of the meeting settinp forth the purpose of the meetinQ_
Both regular assessments and any
fixed at a uniform rate for all
collect(:?d (Ill ,an 8nn\.\.:.'\1, qL({::\l~terly,
discretion of the Directors.
special cl5sessments must b8
':IJ:cupied lot,5 .1nc:/ m.;\y ~)t~'
or monthly basis in th0
(42) At the first meeting called, the presence at the
meeting of members or of proxies to cast 5i~ty percent (60%) of
all votes of the members shall constitute a quo~um. If the
'I' eq l.l ired q LICll" Llifl i ~7 not f ':1)" 1; h f: om ii', c.l d t an y I1H:'1<Tt i no , ;-Hi 0 t h: .~l"
meetin9 m.:.~Y be ,:alled, sLlbje':'!; to th<:::.' no'!;i.;::,,'"' i'E:'C1U:il"(,;'ment:s. No
subsequent meeting shall be held more th~n 5i~ty (50) days
followinp the 1:1':':1'1::(;) of th€.~ nl(::?t~t:i.nq .',It; ',vhich no c:n..l()rUlll',JcH:i
fOl'thcomiIl9.
':
:l :;;-~
(45) The sala or transfer of any lot or any other part of
said property shall not affect the assessment lien. No sale or
transfer shall relieve such lot from liability for any
assessments thereafter becoming due or from the lieninq thereof.
(46) The fOllowing
shall be exempt from the
prc.pc;?rty sub,je':i?ci;
assessments created
t ,;;. 'I; h i ~:;
h (;:"\" f..:~ i r", :
])(:,'c 1 i:\'( ,',l.t i on
(a) all properties expressly dedicated to.and accected by a
local public authority;
(b) any other properties owned by the Association.
(47) l~e Association shall prepare an annual budget which
shall indicate anticipated manaqement, operating, maintenance.
repair and other common expenses for the Association's next
fiscal year and which shall be sufficient to pay all estimated
expenses and o~tlaY5 of the Association for the next calendar
year growing out: of or in connection with the maintenance 2nd
operation of common areas and improvements and may include, amonq
ot her t h:i I1[1~;, the ': Q':;i t c. f Inc:\ in t t"2nl';\f'1 C G?, m',;':\f12:\p E-Jrflf:::rl t , :S~J 1;.':"'.: 1. El}.
assessments, fire, casualty and public liability insurance,
common li9hting, land~;cat)i.n~l, and Ci:\l"G? of p'(OLlnd':>, lrf:::nc:\i'(':.~.
renovations, and paintings to common areas, ?now removal, waqes,
wc;\ t: er c h a \r Q(':?~' , 189.':\1 an d ac c ,::run t i, 1"\';'1 'f ii:?0'? 5, (]1,,':\f'1 '3Qt':!rnen t . f C?C'?G
expenses and liabilities incuryed by the Association form 2
p r ev i .:'us () 81r i od , and the c; r e~1t i on Cr f ~~n y r €;!,';\ ~;Qn,,;\l:J IE:! ':: on t :i, fl c:J (':;!ClC ,v
or other reserve fund, as well as all costs a~d expenses relatinq
to the common area and improvements.
(48) The Association shall be responsible for the recairs,
uckeep'and maintenance, normal servicinc. q0Ydenino. rules and
I" He) l.ll i::\ t .i. Oll~; f ,::,r U~.l~, ':: En' ('? , ,,,n d i'3.a f et V , dll f1 U,",.1. r.J I ':;\/'1 I; i. nq 0 f f 1 o\,)(,y '.:;
(;i, feu") Y ), p c:t Y HH:.'r'1 t (';, f b ill;, ..\ n c:I lr {"d. ,::t ,(; t:'1 c:/ (;,,' ~q:Jt:.\ n ~:; 0"' ~::; f C'I" ,;:', fi V C (;I III fiI 0 n
In- ':?a s .
The Directors shall become the Architectural Committee ~s
provided in Paragraph 34 upon the sale of the last lot in any
future phases of Chateau Meadows East Subdivision.
(49) The Board of Directors are empowered to obtain
appropriate liability, casualty, fire or errors or omissions or
c.t.hey insurance 1;,::, pr'::"Jerly pn)tt"?ct tht~ actions of tlH'?
Association or facilities maintained, owned or controlled by the
Association as'a cost to the Association.
(50) Invalidation of one of these Covenants shall in no way
affect any of the other provisions which shall remain in full
force and effect.
AMENDMENT TO THE RESTRICTIVE COVENANTS
RECEIVED
AUG 'I 7 1993
OF
,~:;r'.
Vir
CHATEAU MEADOWS EAST NO. 1 SUBDIVISION
The Undersigned, being the owners of the property hereinafter
described, do hereby adopt the following amendment to the
protective covenants to apply to the real property to be
subdivided and contained in a subdivision known as CHATEAU MEADOWS
EAST NO. 1 SUBDIVISION, according to the official plat thereof,
filed in Book 57 of Plats at Pages 5357 and 5358, records of Ada
County, Idaho.
The Undersigned agree and do adopt the following changes to
paragraphs 37, 39, and 42 by revoking said paragraphs and adopting
in their place the following new paragraphs:
(37) Membership: Every person or entity who is a record
owner (including contract sellers) of a fee or undivided fee
interest in any Lot with improvements thereon located within said
property shall, by virtue of such ownership, be a member of the
Association. When more than one person holds such interest in any
Lot, all such persons shall be members. The foregoing is not
intended to include persons or entities who hold an interest
merely as security for the performance of an obligation.
Membership shall be appurtenant to and may not be separated from
ownership of any such Lot subject to assessment by the
Association. Such ownership shall be the sole qualification for
membership, and shall automatically terminate and lapse when such
ownership in said property shall terminate or be transferred. The
Association shall maintain a membership list and may require
written proof of any member's lot ownership interest.
Holders of non-possessory security interests shall not
be entitled to vote that interest. Inter"est held by an
administrator, personal representative, guardian, conservator, or
trustee in bankruptcy may be voted by him, either in person or by
proxy, without a transfer of interest into his name.
Each member shall in addition to these Restrictive Covenants
shall also be bound by the Restrictive Covenants, Articles of
Incorporation, and By-Law of Chateau Meadows East Home Owner's
Association, Inc. which association is incorporated as a
non-profit corporation in the State of Idaho.
As additional phases of Chateau Meadows Subdivison are formed
and brought to completion, the new phase will be intergrated into
the Association, with all restrictions and provileges applied.
or represented at any meeting, the members entitled to vote
thereat shall have power to adjourn the meeting from time to time
without notice other than announcement at the meeting, until a
quorum as aforesaid shall be present or represented.
IN WITNESS WHEREOF, these Amendments to Restrictive Covenants
have been executed in Boise, Idaho, this day of August,
1990.
::te;;LoP6L.-o~
A. Leon Blaser, Presid~nt
Attest:
by
Bruce W. Blaser
Secretary-Treasurer
3