HomeMy WebLinkAboutMarchi, Rhonda AUP (2)HUB OF TREASURE VALLEY
OFFICIALS
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
KENNY W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888433 • FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
January 23, 1995
Ms. Rhonda Marchi
2595 Rebecca Way
Meridian, ID 83642
Re: Accessory Use Permit
Dear Ms. Marchi:
COUNCIL MEMBERS
RONALD R. TOLSMA
MAXYERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
SHARI STILES
Planner & Zoning Administrator
JIM JOHNSON
Chairman -Planning 8 Zoning
The time period under the Ordinances of the City of Meridian for filing any objection to your
request for an accessory use permit for a Family Child Care Home (5 or fewer children) in your
home at 2595 Rebecca Way, Meridian, has expired and there were no objections received by the
City of Meridian. The total number of children cared for during the day and not the number of
children at the facility at any one time is determinative.
Under provision 2-410-D.2 of the Ordinances of the City of Meridian, your request for an
Accessory Use Permit for a Family Child Care Home is hereby granted.
Sincerely,
CITY OF MERIDIAN
_ ~~-
~~~' ~ ~~ s
Shari L. Stiles
Zoning Administrator
cc: Fire Department
1 A ~ f
ACCESSORY IISE APPLICATION
1) Applicant's name and address:
2. ~ cf S 2..~bec c~ , -(~'~ ~ r Ada c~.,r~ C~- ~ ~ 'y ~a x-12
~) OWner`s name and address: S ~'m ~
3) Address of subject property: ~~~
'~j ~y.~i c.:.~.:.t, ~.'?~, l72 :~ub,jec pI'opertj`. ~ •... uv•• =..a.~ri~a.ii7ri
it lengthy i `J~~ C`-~~~`~~~'
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Attach a copy of proof of ownership deed:
G~~'~~ ~Z.~ C~-
6) Size of parcel or lot:
7) Present cone of parcel or lot: Q-`~
8) Principal permitted use • Y ~'' `~ i G~c rt~,l Cam...
9) Use made or all abutting lots or parcels: ~SiG~-2-~'I~~.C
10) Accessory Use requested and describe the use:
11) Are there other accessory uses of a similar nature in the
area: It so state the location and the accessory use:
r'1
~ ' 7
l) Names and address of owners of all abutting land owners: (I
lengthy attach a lot of owners ar,d address*)tAbutting lan
include ttiose across the street an alley and kitty corne.
including kitty corner wr,er•e a street ar alley is betwee.
your property and the other property):
13) State any possible adverse impacts .in adjacent property suc`
as noise, traffic, a}:cess light, odor, etc.
M/~
14) Do you ayr•ee to pay increased sewer, water or• trash feES i~
5uc;, dr a required due to increased u~a :'
~l~
15) Has" ,tithe fee of 580.00 been attached hereto?
" Y"-
16i If the accessary use includes construction of a building or:
tr,e lat or parcel complete the following:
a. Will all parts of the ac.cE~or•y building be located
within the lot or parcel? ~'~/ ~~
b. Is the primary building a~~ ady constructed'?
c. Is the accessary building to be attached to the primary
building :~ n~~
d. Will the accessory building be•~,pnstructed in the rear
yard of the primary building? ~V11'~t
required rear yard for the primary structure.
t. It the answer to a above is no, vriil the accessory
structure be connected to the primary structure and
will both the primary and accessory structure then meet
.all yard and court requirementa'i ~•~
e. Will the accessary building occupy less than ~~'/. of the
c~. Uoes the heigrith of the accessary building e:tceed 15
feet % ~~
1 ~ '
h. If the lat or parcel is zoned commercial, is any
abutting pr~oper•ty zaned •residential and if so, ,,ill the
accessory use occupy any of the front yard? f~'
17. If the accessory use is fur a Family Child Care Home,
complete the following:
a. Is a State of Idaho basic day care- license required for'
this type of facility`: If so, attach a copy o2 your
license. 1~1 ~
b. .lava you applied for or recei~au an occupancy permit':
If so attach a ta~opy_ of your application or permit.
c. Is or,e off street par•kirig space pe-r• employee provided?
N/R
d. If the home is located on an arterial or collector
street ~ of~ rest child pick-up area provided= -
e. Is scree~n.~ ng of adjacent properties provided?
f. Is the play area for the children fenced from streets
and neighbors'? If so what is the fence height and type
of construction: v~e1~ l Q -~~T
1~. It the accessory use is for a home occupation, complete the
following:
a. A•r•e only fa ily members residing ir, the principal
residence? ~n
b. Is the use of the residence as a home occupation
inental and subordinate to its use as a residence':_
(~,Z.O
~~. Will the home occupation use more than ~5% of the fluor
ar~yZ of the dwelling.'?
d. Will any item be offered for sale that is nat produced
by ~{~ dwelling occupants of the premises'?
e. Will electrical or~ mechanical equipment be installed
other than such as is customarily incidental to
domestic use? -~
f. Huw much tr~~fic will be generated by the home
occupation': ~V`I~
g. Will, qff street parl.ing requirements be met'?
r,. Will equipment or processing create noise, vibrations,
glare, fumes, odor or electrical interference
detec~~ble to normal senses o*f the lot or parcel?
i. Will the dwelling be altered ur the occupation
conducted which would cause the premises to differ from
its rQStiiadential character? If so, how?
19. kegardless of the type of accessory use applied for•, please
attach a drawing snowing the boundaries of the property,
structures located on tree pr•aper•ty ar,d the proposed location
of the use. In case of Family Child Care Home include
location • CvV~~cn.eGr
GATEG THIS ~ GAY DF ~G~-Y~1 u-~L~/ 19G S
STATE DF IL-AHD)
SS.
~]DUNTY OF ADA )
p0 k~
Or, this ~e day of ~~^~~''~ 19 ~~~-before
me, the undersigned, a Notary Public ir, and for said State,
personally appeared
knc-wn 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 WHEkEDF, I nave hereurita set my hand and affi:~ced
my official seal the day ar,d year ir, this certificate first above
(SEAL)
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or conditions of approval shall be violations of this Ordinance
or the Subdivision Ordinance. (Ord. 456, 9-3-85)
2-410
D ACCESSORY USE PROVISIONS
1. Accessory Use Review Process: The Zoning Administrator
shall make the initial determination as to whether a
building, structure or use is accessory to a principal
permitted use, and may issue zoning certificates for those
which are determined to be accessory and which otherwise
comply with this Section.
a. The accessory determination shall be based upon the
relationship of the building, structure or use to the
principal permitted use. Specifically, it must be
habitually or commonly established as reasonably
incidental to the principal permitted use and located
and conducted on the same premises gas the principal
permitted use. In determining whether it is
necessary, the following factors shall be used:
(1) The size of the lot in question;
(2) The nature of the principal permitted use;
(3) The use made of adjacent lots;
(4) The actual incidence of similar use in the area;
(5) The potential for adverse impact on adjacent
property; and
(6 ) The applicant must be the owner of the property
under consideration and the user of the
accessory use.
b. Family child care homes and home occupations may be
considered to be permissible accessory uses in the
R-9 and R-8 Residential Districts if they are
approved after applying the following additional
review procedures and the applicable accessory use
standards of Section 11-2-410D2:
(1) Notice of the application shall be mailed by
certified return receipt mail to owners of
property which abut the external lot or
boundary lines of the property under
consideration.
Properties across a street or alley or kitty
corner to the subject property shall be deemed
abutting properties. Fifteen (15) days from the
date of publication referenced in paragraph (2)
::ei -50.2-
' ~ ~ below shall be allowed for response to said
notice. ,
(2)
lication shall be published in
Notice of the app
nsecutive weeks
the Valley News for two (2) co
fter first pubiicat~en
ar.d fifteei; (15) days a
shall be allowed for continents .
(3) The applicant s hall be required to pay a;~t•
or
additional sewer , water and trash charges
9-6-88)
496
fees, ii any are ,
requiredi. (Ord.
(4) The use shall be co~:sidered as a commercial use.
(5) Pay the fee of eighty dollars (S8G.00). (Ord.
557, 10-1-Q1)
(6) If there is an objection to the proposed use
filed within the time for response, a hearing,
after notice, shall be held by the Planning arld
Zoning Commission, which may grant or deny the
application after making findings of fact. AilY
aggrieved party .:•~y =rF°al the decision to the
City Council within thirty (30) days ° Baled
Commission's decision and if not so aPP
the decision shall be final. (Ord. 496, 9-6-B8)
(7) If there are not objections filed within the
I time for filing the same, the Zoning Admini-
strator may grant the request. (Ord. 557,
10-1-91)
c, Group child care homes and child care centers are not
accessory uses and are regulated as conditional uses.
(See Section 11-2-418 for conditional use proce-
dures.)
2, Accessory Use Standards:
a, Accessory Buildings Standards:
(1) All parts of an accessory building shall be
located within the lot ° ermitted uses hmay be
alley has been vacated p
located at the centerline of such alley, pro-
vided:
(a) Proof of ownership is established;
(b) Disclaimer by the City of any utility
easements; and
(~) Written disclaimer by all utility
companies waiving use of the portion of
alley to be improved by a structure.
-50.3-
1191
(2) No accessory building or structure shall be
constructed on any lot prior to the .start of
construction of the principal building to which
it is accessory.
(3) An accessory building may be erected detached
from the principal building, or it may be
connected thereto by a breezeway or similar
structure. No accessory building shall be
erected in any required court, or in any
required yard other than a rear yard, except
that where the natural grade of a lot at the
front line of the principal building is such as
to result in a driveway having a grade of ten
percent (10~) or greater, a private garage may
be erected within the front yard, but not within
fifteen feet (15') of any street line.
(4) No accessory building or structure shall occupy
more than forty percent (40~) of the area of a
required rear yard.
(5) If not in a rear yard, an accessory building
shall be connected with the principal building
to which it is accessory, and shall be so placed
as to meet all yard and court requirements for a
principal building including height and other
dimensions.
(6) If located in a rear yard, both detached and
connected accessory buildings shall be subject
to the requirements set forth in the following
paragraphs:
(a) The height shall not exceed fifteen feet
(15').
(b) No detached accessory building shall
occupy any portion of the front yard
setback for a lot with a nonresidential
zone, if such lot has a common lot line
to another lot zoned residential.
(c) Underground fallout shelters may be
located within five feet (5') of any
property line and shall be exempt from
maximum lot coverage requirements.
(d) No part of an accessory building on a
corner lot located within twenty five
feet (25') of an adjacent residentially
zoned lot (either directly or across an
alley) shall be nearer to such adjacent
1191
-50.4-
(e)
(f)
lot than the least depth of the existing
front yard or required street side yard
for a building on such adjacent lot, nor
shall accessory building project into the
side or front yard for the principal
building to which it is accessory.
Coverage of rear yard by accessory
buildings shall not exceed twenty five
percent (25$).
No accessory building or portion thereof
located in a required rear .yard shall
exceed fifteen feet (15') in height.
b. Family Child Care Home Standards: It is the intent of
this provision to provide for accessory family child
care homes which will not adversely impact
surrounding properties due to children's noise,
traffic and other activities, and which are located
away from and properly screened from adverse impacts
tc the health, safety and welfare of the children.
The following conditions shall apply:
(1) Secure and maintain a child care license from
the Idaho State Department of Health and
Welfare-Child Care Licensing Division if
required.
(2) Acquire an occupancy certificate and/or
building permit.
(3) Provide one off-street parking space per
employee which may be the driveway to the home.
(4) Provide for child pick-up area located off of
arterial or collector streets.
(5) Provide for screening of adjacent properties to
protect children from adverse impacts and to
provide a buffer between properties.
(6) Provide for a fence of appropriate height/
construction, to enclose play areas, pro-
tecting children from traffic on arterial or
collector streets. -_
Violation of any of the above conditions shall be
cause to revoke a zoning certificate for a family
child care home.
c. Home Occupation Standards: It is the intent of this
provision to permit home occupations in residential
dwellings which do not change the appearance of the
residence nor the condition of its residential
character. The following conditions shall apply:
193 -50.5-
(1) No persons other than members of the family
residing on the premises shall be engaged in
such occupation;
(2) The use of the dwelling unit for the home
occupation shall be clearly incidental and
subordinate to its use for residential purposes
by its occupants and not more than twenty five
percent (25$) of floor area of the dwelling unit
shall be used in the conduct of the home
occupation;
(3) No article shall be sold or offered for sale on
the premises except such as is produced by the
occupants on the premises and no mechanical or
electrical equipment shall be installed or
maintained other than such gas is customarily
incidental to domestic use;
(4) No significant traffic shall be generated by
such home occupation, and any need for parking
generated ~y the conduct of such home
occupation shall meet the off-street parking
requirements as specified in this Ordinance and
shall not be located in a required front yard;
(5) No equipment or process shall be used in such
home occupation which creates noise, vibration,
glare, fumes, odor, or electrical interference
detectable to the normal senses off the lot if
the occupation is conducted in a single-family
residence or outside the dwelling unit if
conducted in other than a single-family
residence.
(6) In no way shall the appearance of the residence
be altered nor the occupation be conducted in a
manner which would cause the premises to differ
from its residential character in the use of
construction, lighting, signs and in the
emission of noise, fumes, odors, vibrations or
electrical interference.
Violation of any of the above conditions shall be cause to
revoke a zoning certificate for a home occupation. (Ord.
496, 9-6-88) ~_
2-411
2-411
RESIDENTIAL HOUSING STANDARDS
A
All new residential housing built in the City of Meridian shall
comply with the most recent edition of the Department of Housing
:93 -50.6-
' ~~ Carport - A covered shelter for no more than three (3) auto-
mobiles open on two (2) or more sides. (Ord. 430, 4-284)
Cemetery - Land used or intended to be used for the burial of the
human or animal dead and dedicated for purposes, including crema-
tories, mausoleums and mortuaries if operated in connection wits
and within the boundaries of such cemetery for which perpetual
care and maintenance is provided.
Certificate of Occuflancy - A certificate which is issued by the
building inspector to indicate that, after construction of the
building has been completed, or a use in an existing building has
been changed, the purpose for which the building, was constructed
or changed is capable of being carried out in accordance with the
terms of this Ordinance. A structure cannot be occupied until a
certificate of occupancy and license have been issued. (Ord. 557,
10-1-9I) i
Child Care Facility - Any home, structure, or place where
nonmedical care, protection, or supervision is regularly provided
to children under fourteen (14) years of age, for periods less
t'~a^ *_wen*_y four (24) hours per day, while the parents or
guardians are not on the premises. There are three (3) types of
child care facilities:
1. Family Child Care Home - A child care facility which
provides care for five (5) or fewer children throughout the
day.
2. Group Child Care Home - A child care facility which
provides care for six (6) to twelve (12) children
throughout the day.
3. Child Care Center - A child care facility which provides
care for more than twelve (12) children throughout the day.
It should be noted that in determining the type of child care
facility that is being operated, the total number of children
cared for during the day and not the number of children at the
facility at any one time is determinative. (Ord. 496, 9-6-88)
City - The City of Meridian which has jurisdiction over the land
under consideration in this Ordinance. (Ord. 430, 4-2=84)
Clinic (Medical, Dental, Optical) - A building (other than a
hospital) used by one or more health care practitioners~tor the
purpose of care, diagnosis or treatment of sick, ailing, infirm,
or injured patients, or those who are in need of medical and
surgical attention, but which building does not provide board,
room or regulaz hospital care and services. (Ord. 557, 10-1-91)
Club or Lodge - A building or portion thereof on premises owned
or operated by a non-profit organized association of persons for
a social, literary, political, educational, recreational or
-8-
.isi
NOTICE OF APPLICATION
NOTICE IS HEREBY GIVEN pursuant to the Ordinance of the City of Meridian and
the Laws of the State of Idaho, that Rhonda Marchi ,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 259 Rebecca Way
Comments, either objecting or approving, said Application must be filed with the Zoning
Administrator within #ifteen (15) days after the publication of this notice and shall be
addressed to Shari Stiles, Zoning Administrator, City of Meridian, 33 East Idaho Street,
Meridian, Idaho. If there are objections filed within the. time allowed, the Planning and
Zoning Commission shall hold a public hearing on the Application, after proper notice, and
may grant or deny the Application, after making and adopting Findings of Fact and
Conclusions of Law.
The property at 2595 Rebecca Way is more particularty described as
Lot 13, Block 2 Sunnybrook Farm Subdiyision No. 1 ,Meridian, Ada County, Idaho.
Any and all interested persons are welcome and invited to submit comments.
DATED this 9th day of January 1995
~~ ~.
SHARI L. STILES, ZONING ADMINISTRATOR
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'`~"" 9153362
~~ PIUi~tEN TITLE CO.
ti;.,
A Pioneer Company RECORDER 4
PIONEER TITLE COMPANY ~o~
OFADACOUNTY pp11 qq pp yy '~
888 North Cole Road / Boise, Idaho 83704 / TekpHbnt'~2C)8~377-~~ 1 39
WARRANTY DEED
(INDIVIDUAL)
FOR VALUE RECEIVED CAROLS A. VAUGHN, A MARRIED WOMAN AS HER SOLE AND SEPARATE
PROPERTY WHO ACQUIRED TITLE AS CAROLS S. VAUGHN
Grantor ,does hereby grant, bargain, sell and convey untoANDY JACK (A. J .) HARDEE AND AMY
HARDEE, HUSBAND AND WIFE
the Grantees ,whose current address is: 2595 Rebecca Way, Meridian, Idaho 83642
the following described real property in ADA County, S[a[e of Idaho, more particulary described as
follows, to-wit:
LOT 13 IN BLOCK 2 OF SUNNYBROOK FARMS N0. 1, ACCORDING TO THE PLAT THEREOF,
FILED IN BOOK 44 OF PLATS AT PAGE 3609-3610, RECORDS OF ADA COUNTY, IDAHO.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantees ,and Grantee s heirs
and assigns forever. And the said Grantor des hereby covenant to and with the said Grantees , the G raptor i s the
owner in fee simple of said premises; [hat said premises are free from all encumbrances, EXCEPT [hose to which this
conveyance is expressly made subject and [hose made, suffered or done by the Grantees ;and subject to reservalions,
restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments,
(includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantor
will warrant and defend the same from all lawful claims whatsoever.
Dated: September 20, 1991
CAROLS A. VAUGHN
STATE OF IDAHO , County of~DA __._.-, ss.
On this~~]~~y.of , in the year of~9Q/,before me~lE UNDERSIGNED- - --- ----
•' ___ _ __ . > a notary pnnlic, per-
------- -
sonallyappe`ar~d CARO A. VAUGHN -- - -
known or identi6cd to me [o be [he person whose name- _~- -subscribed to the wdhm instrument, and
acknowledged to me~that.~h~exceuted the same. ~~ ~
` NotaryPublic:_ _
Residing al: B E
My Commissii Gxpires: a 1 - 2 -1.42~t
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