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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 - / r,_'.. I !::::a I ~~;~ i ~~~~: ~ ...1olo"% I . ~. ~ . I . 00"1n0" < j ...71.07 . i ~ .r' ,.r .~ o ~ -~~~ ~ . g ~ <n m n g 0; .. ~~ ~~ ::f . .0;, ~~~ .. ~O ~ >.'" 10.0,00 G -GO OD'M.E ~ ~ ,00< IN) Ij. OQ- Oll.)~.t ~ @ i10'0.1l0 00 Og"311 ~ g 11l0.010- & 00 OU';u,"f, '0 e 0 %I~ ~ ~ga 0 :::; OCl-_DO :Ii no -CO'.1& l 0 0 " @ " 0 10=.00 S ll-O OQ'~~' @ 1QoO_00 :Ii -Co OIll':;ltI"1l: @ " ~ tM.CO II ilO'OI-';)JJ"[ . @ 1(100D & ao OIl'.J~ t ~ @ 0 g 1D-D.CI;l ::- - -~o.oo-- . ~ ..... 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')-'- ')' ,":-- '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. 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OJ;C:~'S' :'f\~ " ~= a ;~ ::c .... :g ~~ t'1"""'- d ~ -:r _" =' ~ e.. .n-~ ~ ~!i ~~ m' ., :;.~ ttJ ~ ~3 -li~' ~ 'a~ ~ c: -; M'" 0 "".:;:::s~.... ~ "' ~~ 0; :::> <6- ~'A ..... ~ ~ ~~ s~~ ~ .. ' 30 ~ - ?:~~~~ e ~ ~ ., _,:I 5 -1 "'. .. "" :!8 "J'l :;';!l.. -:r '" (J} .~~~-a ,. '" " 'it. ,.. ~ ('J. "3 :; $,- ::=.0' ~ - )': \ "-:' -;"" 5 -;' \ \ " -01' ~ ,', '. .... . :",'., ." o ~ :: c:: ~ ~ ('j o g " rJJ (j~ 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 - I' ..-. ~w ; -:..,.. ! :lI:lI:- III I ~:.; ~ i i~~ ~ , .... I :r;. ~ . i II 007f'1.Q'"'( I ~...Ir-iUJ ...~. . i ~ g jP; .. .. '" n ~ .. ~~ i~ .~ =1 .' - .," ... ~r. : --:' - K o oz. ~~! ~;g - :;;. ... 8 .... . - ~ @ 1tte-.Oo S GO'ClII" ~ t @ ~c-o.oo 0001"36'( @ . . . tOO.oo , 00 C11l1'~.E @ ,00,0(1 :s 00"011":1&'(, e ~ @ g tG~l-.OO "Odo O"'U"[ @ u . . tOO.DO :s 00 C.".)O',f. @ HID.C-O &. -co o.a'J.a~1[ @ w . ~ ~ ;;: w 0 . . . 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IN J I ___/:.o.:.:,..IJI~..$O";;..~~...w...i..-_"'_ '-"'- ,\., I}. ~~ r;::'ILL/;:iI":;. f...{, '~I I Ill,;;; I ~C-e."f' It>> v ! 17- , 1 ~ , , j l l.L. j I ... <. 4- , ~ '-'! .;1 ..1 -. 1 --.h_1)oC~- - Fb"'<C I j j I . I ! t r- c;; 1', (.(, I (8~ E.. """"-.10'1 ___, ,Iii ..... IV' '[ A.~ ,_,') ............ \ "', Co..J C 1. ,._, .- _...... -"'" _ J ___ .- '""'":'""-- '-." flV~ <:r~D ~~..> 90:12789 ','/ "~'-:"~- -( -,. . ---" ,Ic",~ .~,) ..../ - - 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. .~~ {~. ~ .,u~\,!r-time ,...,.;0:\,. /. ~ t'.r- ~ --~v....~L.---' 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 ~ Printed on v:J:I recycled paper. t E-rna<'S r:=KOf-/l 'Pits! AN;) -p,~-;s~T ?~ 5r CHI L-~ L AR.. r; C--t+ l L. bl<.~ - 1> AR.,. ,,~D .~ C L- L. -n 1"1 E" r'~ W JOJJ... t! ~ 21--- C'cn~ ___~: ._......... .7J1M L/vf/.&UKJ~ t/.e;jf7km/da--?-/j 4fo~l...... .$1't?dT,4 ~.~b7~..~....a&... .....~c#'/~~~j..........~.........;4.a4d~~/~4 ;t __#u&t<--R~ /~/ /f'~.. y~~L!& .... .. a~-~)VC'4Le.4YJt/~ ;v. ... ..... ....._:;J;d:t:;~L;,...../<'!/%. .~......:~:7..... ......W~i/47U~. ~deL.. !44*/:~~....#:'.C.............................. _/~:g .. d~4/7=/o%&;A'~4rz1= . . . .U0/dnzL:;/Ud/-& ~- .~.j4d dl~ ....._~.~d/O~~.......~..r. d>>J....hh....~... ..........~..._......... _ .cq.. .~.........~ .~R.t./~-1.z'[~c7C!P'1tZ/?2Z~ ...... . .....tfol... ...L~a/wiu&.......Ld4k'e-...............~.........~................~....... ...........4................d.-.................~r/a4L/...................................... .. - ,. ., .,-,_.~,.. "...." ,.. "..........."' ". ,. . ... ... _. ......... .._. ..~. ...... .c::ue...... ~Je.?2f~7 .4~ ..~ZA~:/~ .................... h A ~.' =.'&q!... .o;"j!..~. ..~.. .~<</:'rd~.~...~~Tn -"k n' Z/ - - l P , L.. I - . / . a-, ;/!). L .lbf~~.. ....... ~.tJ/:~?J.ad'\"~ ~22[#. .. ..~ .';j}/l9J1d .. ... ............. Md~'sedC!Wdd->....4~?'ap-/-/Mf.. .4c..;/&/J,//'f!..~ . _/ /J {f - ~/ - IA . ..................j2c?./?t/I&1~~V/LY'...............~d!............41622... .......44--..............ldt.l/&t7r4~4........j4.-;a;....../j7 ................................'.~ il7:: . ~S-I"~if ...... 6~ .~. . ~~..~&7Jd'~..................... . /CZ1 ..Z&1,L~. ..... .?J!YI&"'~....... .JJ}~...... / .. ............ .................;11.:s.u:LJ!t/0~ 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........ , , I ,. i i /7J1ttrC l\ ~ /q Ii 3 '" , ~ . , J}11 V' /2 tC hi.. iLJ'L v,- } lt~( {L LL IlL lJ/' /1,6 {( j N J) /Jh ('tUr,;/-( ~ l,'1- ( v\ . ( C ~ I Loko 1--':- tlppLLlcri iiv lZ Jdrvu.tj fJuM Cil-~ P ULtYu.--t. , U I _ , i{}e fIe tfta) ,(w.l.t -ljj\L UJ C( ILCxt dc,cy (u'}1.6~Y I tc'ui... . a.. ()v'ltd1 CiLI.l d f tw Pic.fI1i...{ tl. tv ~ tkf J ftCl &~l flj ,.). h ~"-I.4-- . ;0 C ({:y Ci~ P I~rx( ntLul' lO ~iVtJ {Z ~ v tLLL. . O"LD-f c-z -/17t'(~L tJ\.ftt. iV{CYYHIL-f. ~~t~ ,},Of fWYO . (I) x, (tW50 ,{O [Cu-t CPI... C( '/(L'J--( Cf). ~(.,b. CL~ cMp t{. - 11t-'Tt tL CVYVL~.W~U ttt av t\ . ' WL ~ ti- 0 iu..} ila.:i -r::h. LA} { f 4/1-t tZ.. (1/)(/1 . lUx} ,[DdlJd be u-t~ ~UJTw'O)J.j"-l" i , 1 H V-L f" ~ U LC HI. "^-.. ftc{J 4 ~ iLL f c \.q, ~ r~ y- iJ)1iV\ . CLiAC tlCLd; tLi'd 'L.+ C'+'Pi 0JJ1 -dti-f a) Lo VLl 'L. .'Ii h ttc~<l.. ~tNc hL0 tLe (JcV''1 -tr?ct L t::{ -t Le jlV,- - "lDl b b [a! -fD -t~ ft ,fwd, it,: t-Ax ~ fVLtA( C tuitl, tdtL (Lf /61./0 [. flvl1~c{fl{) ~Vfl)d, jflP-iCL ~11,^,- 11 Nll.LJ ~ ~ flUe :" Ju cOx ."-. / I 1:51;5 f'. Auadnu LL?(tc>l \. 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. 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'-' . ,j ~~~/ Li!.... ,./ 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 c9.19 tJ 1tJ. LOCh nc ~s UAf fit. 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T - ..S>.."'~~~_s:._h\:::,,, --~~~::sC:J"'~... _l'0."_~~~~~.~"'" r-- \.~ ~,~ ~~~~,~~ ~~~ ~\"-~ ~~~\~~~Y'\ ~,,~~',,~ '\..s':~,,~'\'(".,,~' '-\r--. ~~~'\"'<-..~~ ,~~ ~~ ~~",~~",,_~,l;L~"~) , .~ ~,.~ ""~'-~~~~"''::) \ "\: <::> ~ '-.""...,:;;, 'X <>-c~~ '\:. ~ -"':;;::j;;:::> "c, <::::..-"",-<;;'S,~",,-"':o,";S--' \ ~"'-"" ~<; "'" "" ~ ""-' <::-~ '''''''), ~c~"'- e'<'- -..;, '" c:,~"""'-~l ""= ~ '" ~"'" q.... ":;::,""'-~ ,-="'- ", ~ ~ "-- . ~<<'.'-~<:<<-~(s ') ~~~ ~""<:,..~~ , . To Hhom it rnGl)i conC0"- 11., 'verY , e ei.1 -1/48 r / g/I 1fhGJ }ro~ 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 ..!-"if~ 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/ \J~ fir<l: ';/0 r OFf66-!) 7?J e;:r--a..~re^,cs ~;c-I Ih:rr..// fi(" G- A- ?J:J; t''5.:# //1/ 77le1,{ !#Me.. , Lad ~~7m/ ~ 17 ~r /!; UtlfOo k/ tlocp . /l1U-t Ol!hJ ( I r~....,'"'":.:>t-.--~ @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 /fJ~ ~ .,IUD D8~L eo(-~o~ /,' ~~''7 e;!;- . j) 'lU(CM-fL . -1) :-.)j./) -~-~-3--,_. ~ ~H _ .. _ ________ ~A-N~ ~R..M-'YY1 fl10~cQ) ..Ud _.. ) Y) /6 C. _0 _ ;n~(jL{j W~._..__.___. f11Q.L~ c9~0 / _~ 'i3/L:>.'t.&..-u___._. ..--......L., :C. , ' "-._~ .., L >< 7 . . \...'~"" ~\. - ~.-' {~, ...{ <.....1. ."/~:?.,(..,...:.L.-: ..(J. : J-/J .;, "'l . '--' ~, r/.,........ ,. , / ;;..-r,~ (::: ;J____ --{> . -- ':.____,..~.~I::,.......!--,..-~c-- \...J.~-&....-J IfJ (; /i' p. --' 40'Y? .~ _ . ~,.~~ /';- , /, a; -::"-?""'f ~---<-..-- /lL? .' g.f:,---..J U..: f'/J-;Y...... 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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 ~ - ) /~..9 23----- .. ~_. - .~-,... ..--'.' "_'L'.~~~.-.'-"-+-+""""'-,~. ~__._.'C___.____"__"__~__'_n.~"'__"~_,,______"._~.__~_.~~_~__~ __ -% ~ ft ~ ~~ ______.__..__.... .... .-._-_._.....~,.,.__._.,. n_ .._.._~.__~ ..._"__~ ?J ~ o-rJ). 1) ~CA..-._ . J)~.Y!2_~_9N__[)__~~'c:~~__ ,100 Ob'L e.c5\-~~ 0t0 ~ pW-f-?L2.-~_..._--_._-._---, _,,~__. ~. cl- .~tS L~~~~~~= '~=- --- ------- ~iW~ SD~~::~D )-_~_==~_~ } r; 15 C. ..'j11:046.)ox) l.Q~ Ph ~~ 6J~ ~/---'::i9 ~3lCJ_.Y_& ____ ..... / . ~~t"L...:( (..~ c. ': 7 '" :..... ~\ . ~-- ( iJ:: ~, /.,.. . ','.." ,( J..J~ / .' ....Jc;..__t .~ ,\.-.- .~, . /,--" -- /',-. ~ /;'/'" ) ;j/ .{,~--' ,;r {: --< P.. --- 4.0?7~ -'I..~ ~ ~~.'~....-.." . .-" -::"'c., \....-", ~_, _ '"--; /---;.. t:,li _ ~ .Y ,-~ ----------~ / "~" J'". .-/.,.,.._-<('__~_ (:::; ):;7.Vd.Q g:;:-.......:. ().; )7)...."......... " / '. ....,-/-.j /'," .,....'\........ / '-- RECEIVED 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