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HomeMy WebLinkAboutWalsh, James AUPOFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Troaaurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Worka Supt. JOHN T. SHAWCROFT, Writs Water Supt. DENNIS J. SUMMERS, Parka Supt. SHARI S. STILES, P 6 Z Adm. KENNETH W. BOWERS, Flre Chlaf W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY 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 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 6 Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: July 11. 1995 TRANSMITTAL DATE: 6/20/95 HEARING DATE: 7/11/95 REQUEST: Accessory Use Permit for an office for a small plumbing company BY: James Walsh LOCATION OF PROPERTY OR PROJECT: 2935 W. Ann Street 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 -WALT MORROW, C/C -MAX YERRINGTON, C/C WATER DEPARTMENT -SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT CITY ATTORNEY -CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILes OTHER: YOUR CONCISE REMARKS: • CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 ACCESSORY USE APPLICATION APPLICANT: ~~yC.~~ ~ ~~ ~f.~ 1~ 9d/L-J (Owner or holder of valid option) ADDRESS ~ z3v lei • GENERAL LOCATION: Phone: ~- -~ 7r] a..~ LEGAL DESCRIPTION OF PROPERTY (Attach description if lengthy: PROOF OF OWNERSHIP: Copy of property deed must be attached, with option agreement and notarized consent of owner if applicant is not legal owner. SIZE OF PARCEL OR LOT:/ D~ez ZONING CLASSIFICATION: ~ /Q~ ~~ (,~ji~i ~ ~ZD ,2-~e.o Grxp.,w~~ ~OYr1~P~} .Q,O~" VICINITY SKETCH: A vicinity map at a scale approved by the City showing property lines, adjacent uses, streets existing and such other items as the City may require. Also include a site plan showing boundaries of property, floor plan of house, area intended for accessory use, and parking and yard areas. SURROUNDING PROPERTY OWNERS: Provide a list of names and addresses of all abutting property owners. Abutting land includes parcels across the street on alleys and kitty corner from property, including where a street or alley is between your property and the other property. (This information is available from the Ada County Assessor. ) DESCRIPTIO OF REQUESTED ACCESSORY USE: ~ o ' l ~- -~'~ ~ u-.4~e./ ~ udc. ~A~ a.~-- ~ Ce, ~ f 2~L.u.nc ~ ~ . Q--~-- '- GU~-c.~ ~~ ..a,u..e. ~ ~ ~ ~ ` rjt~~- FEE: 580.00 G~~..~.~~ • Use made of all abutting lots or parcels: 2. Are there other accessory uses of a similar nature in the area? If so, state the location and the accessory use: 3. Possible etc. impacts on adjacent property such as noise, traffic, excess light, odor, 4. Do you agree to pay increased sewer, water or trash fees if such are required due to increased use? ,~.~-Q-~ ' 5. If the accessory use includes construction of a building on the lot or parcel, complete the following: a. Will all parts of the accessory building be located within the lot or parcel?, U -- -- -- b. Is the primary building already constructed? L_~-~-~' c. Is the accessory building to be attached to the primary building`I d. Will the accessory building be constructed in the rear yard of the primary building? -'Y~-c'~ e. Will the accessory building occupy less than 40% of the required rear yard for the primary structure? - - f. If the answer to the above is no, will the accessory structure be connected to the primary structure and will both the primary and accessory structure then meet all yard and court requirements? g. Does the height of the accessory building exceed 15 feet`? h. If the lot or parcel is zoned commercial, is any abutting property zoned residential and, if so, will the accessory use occupy any of the front yard? _~ 6. If the accessory use is for 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 of your license. b. Have you applied for or received an occupancy permit`? If so, attach a copy of your application or permit. c. Is one off-street parking space per employee provided`? d. If the home is located on an arterial or collector, is an off-street child pick-up area provided`? e. Is screening of adjacent properties provided? f. Is the play area for the children fenced from streets and neighbors`I If so, what is the fence height and type of construction`? 2 • 7. If the accessory use is for a home occupation, complete the following: a. Are only family members residing in the principal residence? b. Is the use of the residence as a home occupation incidental and su rdinate to its use as a residence`? mod.-t-c..~B'~-G~~-~v~~ , c. Will the home occupation use more than 25 % of the floor area of the dwelling? ~'> d. Will any item be offered for sale that is not produced by the dwelling occupants of the premises`? ~~~~ e. Will mechanical or electrical equipment be installed or maintained other than such as is customarily incidental to domestic use`? _~ f. How much traffic will be generated by the occupation? g. Will off-street parking requirements be met?~.~.~~ _ h. Will off-street parking requirements be located ' a required front yard?~~ i. Will equipment. or processing create noise, vibrations, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot? "72.c j. Will the appearance of the residence be altered or 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? ~~t> I hereby certify that the information contained herein is true and correct. SIGNATURE: y SOCIAL SE RIT NO.:_ ~a_ DATE: ~D~/ ~~ ~' STATE OF IDAHO ) County of Ada ss. On this ~ ~ day of , 1995, before me, the undersigned, a Notary Public in and for said State, personally app aced ~ r~e~ 7 s.D~, ,known, or proved to me, to be the person(s) whose name(s) is (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 affixed my official seal, the day and year in this certificate first above written. Public for Idaho ._. ~, (SEAL) My Commission Expires: 3 • • Definitions (from Zoning Ordinance): 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 than twenty-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) Home Occupation Urban and Rural -Any gainful operation, profession or craft, which is customarily incidental to or carried on in a dwelling place, and wherein the use is clearly incidental and secondary to the use of the structure for dwelling purposes. STATE OF IDAHO DEED OF TRUST FHA CASE NO. 121:1236030-729 _ THIS DEED OF TRUST ("Security Instrument") is made on June 10, 1992 The grantor is James L. Walsh and Jeanne T. Walsh, Husband and Wife ("Borrower"). The trustee is Pioneer Title Cott7pany of Ada County ("Trustee"). The beneficiary is Rocky Motmtain Nbrtgage, Inc. which is organized and existing under the laws of the State of Idaho and whose address is 410 S. Orchard, Suite 184, Boise, Idaho 83705 ("Lender"). Borrower owes Lender the principal sum of -Ninety Five Thousand ~o Hundred Thirty Six and 00/1^" Dollars (U.S. $ -95,236.00- ), This debt is evidenced by Borrower's note dated the same date as this Security Instrument (` `Note"), which provides for monthly payments ,with the full debt, if not paid earlier, due and payable on July 1, 2022 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 6 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in Ada County, Idaho: J~ LOT 2 IN BLOCK `1~UF~~ SUBDIVISION, ACOORDING TO THE OFFICIAL PLAT TE>ERRDOF FII~D IN BOOK 59 OF PLATS AT PAGE 5759, RECORDS OF ADA COUNTY, IDAHO. ~-~ p ~ which has the address of 2971 West Ann Street Meridian (Street] [City] Idaho 83642 ("Property Address"); (ZipCodej TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. 2/91 FHA IDAHO DEED OF TRUST Cmat lakes Business Forms, Inc. ^ ITEM 6644 (9103) (page / Of 4ppgP5) To Order Call: 1.800530.9393 O FAX 616~79t~1131 • 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 James Walsh ,has filed with the Zoning Adminstrator of the City of Meridian an Application for an Accessory Use Permit for the operation of an office for a small plumbing business and to park one company vehicle behind an enclosed area at his home at 2935 W Ann 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 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 2935 W. Ann Street is more particularly described as Lot 2. Block 2. Sunburst Subdivision ,Meridian, Ada County, Idaho. Any and all interested persons are welcome and invited to submit comments. DATED this 30th day of May , 1995. i SHARI STILES, ZONING ADMINISTRATOR Deb Dianda Next door right 2887 W. Ann Street Meridian, Idaho 83642 Jeff Verbal Across right 2892 W. Ann Street Meridian, Idaho 83642 Jerry Hurst Across to right 2860 W. Ann Street Meridian, Idaho 83642 Christy Beavers Straight across 2930 W. Ann Street Meridian, Idaho 83642 Ron Hamann Next door left 2971 W. Ann Street Meridian, Idaho 83642 Vaughn Schultz Across far left 2996 W. Ann Street Meridian, Idaho 83642 Sherron Morgan Across mid left 2978 West Ann Street Meridian, Idaho 83642 • Larry Van Sickle Across left 2940 West Ann St. Meridian, Idaho 83642 • • 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 or 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 p.m., on July 11, 1995, for the purpose of reviewing and considering the Application of James Walsh, for an Accessory Use Permit for land located in Lot 2, Block 2 of Sunburst Subdivision, Boise Meridian, Ada County, Idaho, and which property is generally located at 2935 W. Ann Street. The Application requests an Accessory Use Permit to occupy one room in the house to use as an office for a small plumbing company and to park one company vehicle behind an enclosed area. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 19th day of June, 1995. ,. ,~,. ~ ~ ~. WILLIAM G. BERG, JR., CITY E .001 ~ 91.72' 0 ~ ~ 1O y _ ~/ eo.oo eo oc eo.oo' ~ eo.oo eo.oo' .o t O N N N N p u N 0 O U !D O O O nl O Ys O ~ ~ g ~~ ~ 8° - iD g' o I ~'~ \ YIN. 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L 1•v+ 1 I ~ ~ m r i r ~ 7 -1 to ~i t!1 i 2 1 a r V •J I ~' r J1 0 D v O 37 ~- 0 ~ L Z O i n1 s ~' 1 ~ i1 `O C b s: r' ri ~ v O = y ~~ ~ :< Tr, z c7 '- c3 11 T Z i- 2' 1" lJ n ~ U C: c1 n .~1 ti .. r•1 ~ r ~ V .- ~, a i,1 :L 1 ~ V v ~ _.~ r_~ T~ 1/1 1 r'~ ~'~ C ~• ~ ~ r X11 ~° .w ~ _. ~ ~ ~U"~ ~ H.~L ~.~ ~~'~, ~~ ~g~ X ~ ~~ U/ ~ iGe' '~ ~P.~ ~`-- I d Y~~~ l/' ~a~~g c _ _ _ _ __. -- - Y ~~ _ __ _ I Lj _ _ ; - DEED OF TRUST • • FHA CASE NO. STATE OF IDAHO 121:1236030-729 - THIS DEED OF TRUST ("Security Instrument") is made on June 10, 1992 The grantor is James L. Walsh and Jeanne T. Walsh, Husband and Wife (` `Borrower"). The trustee is Pioneer Title Ccx~>Qany of Ada County ("Trustee"). The beneficiary is Rocky Motuitain Mortgage, Inc. which is organized and existing under the laws of the State of Idaho and whose address is 410 S. Orchard, Suite 184, Boise, Idaho 83705 (` `Lender"). Borrower owes Lender the principal sum of Ninety Five 'Thousand 'Itao Hundred 'IlZirty Six and 00/ 1 )• Dollars (U.S. $ -95,236.00- This debt is evidenced by Borrower's note dated the same date as this Security Instrument ( Note ), which provides for monthly payments ,with the full debt, if not paid earlier, due and payable on July 1, 2022 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 6 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in Ada County, Idaho: ~~ U~ LOT 2 IN BLOCK '1.T)F~SUNBUR.Sr SUBDIVISION, ACOORDING TO TIC OFFICIAL PLAT THEREOF FILEp IN BOOK 59 OF PLATS AT PAGE 5759, REGARDS OF ADA COUIIISC, IDAHO. ~~ ~ ~ Meridian which has the address of 297 ] West Ann Street [Street] [City] Idaho 83642 ("Property Address"); (Zip Codc] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. F7fA IDAHO DEED OF TRUST ITEM 6fia4 (9103) 7191 frcal lakes 6uzinrs~ FtMmc, Inc ~ (page / of 4 pnges) Tu Urdcr Call: t-N00-530-93J3 l7 FAX filti-701.1 lal 0~ ~ 91.7: $I H I ~ I N 01'21'29• 76.1{' s X00 I V V ~ n ~~ ~ ~ Ys 0 ~ S n N Ke .~ w W ~ J \ YIN. w ~~ ~ ~~ c r' Sx.l]'. J• 2 $' ~O• 0 I ~ •0e. f N ~ i ~ ~~ S 0019'1 /. N ' I N O1Z1'29• ~ : Sx•S , n e 60.73 ' ~ 1 b ° I 11 {.06 ~ I o~ ~, N Q - g c P 9 w Q ~ ~ , ~ sl ~ ~'' ' ~' I ~ ' ' • N N Ot'21'19•_E ' ~ N 01 11 29 E • -- g 100.00 I11~ xl r I N J NI '" I S N O 8 $ ~, Ow ~ 8 8 ~ ~ ~ ' • 1 ' • N 01'11 19 E 7 F I N O1T1 T9 E ' ~ I13.oo' . too.oo ~ ~i "~1 p„ O I p ypyp oaa G ~.! 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O ~ ~Af Q 1 O a ' ~ ~ \ ~ J ' v .°' ~ ~~ ON ~°, ~ 8O e~~N e 0o s:° tl~ ~ !{ : x•21' lv 9).1e~ __ ~ e6.or es.o1' a ~ ~ gg"sq p~ ax 9R ~ ~-•-~o >e b ~E~P tai ~~ ~ ~~R f~f ~~ R~%~D ~a ~ ~~~~ a;= Ig ~ '~~ ~~ -1~ '"L Por 1~l ~ gy ~ V ~~ ~[~ A~ ~R~s ^~ ~4 1~ ~~ Ai ~9Y = ~ e ~ ~ ~~ ~~~° v~ '~~~ o ~~ oi. i Q 7 2^ ~ 4~i p~ 6., '. ~~~~ ~? 'rf d ~ ~~~~ a~ s~s ~ E' ~~~ a ~~ ~N~ ~ ~~~ ~ ~~ i i sa~ i-_ ~~~ ; ~ s R e ~_~ ;1~~ ~~~ v'~ .0 s~ ~0 N n j ~ ~ m -s ~ ,., ~ . O < ~~ I ~ x ~~~ ~ o la _ ~ ;' 1 1 VI '~ 1''' L f) o x D .n ~ G C O C '~ O~~ Z ~ ;[ rl • ~ N Z ~ ; i ~ rl ~ ~ ~ o o~ ov vZ m A Zl ~ ~N m-d j. 7 m ~ ~ ii11 z Sm y~ %~~ .. ~ ,.. .., N ~, ~I , i J1 0 -~ ~) ~~ ~w \~ 1~ ~~ 13a~ y~r~ ------~ err ~~ ~ 1/i d/cLG ,~ ! ~ a ~O Y 5 ~3e~ ~ U w- ~- ~~ ~~ J` // ~ / y'?~U h X ~© ~ ~G~ ~ ~ ~eG~ ~~i~~ ~~ _. ~~~e ~ C~~~ ~ ( , ~1 ~, ~ ~~ ~eG~Q/ r -` ~: ~~ PF~^C ~ ~~ ~ ~C ~ L.~ ,~ ~ ~~ ~~ (,~~~~~ I'~ • • HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS RONALD R. TOLSMA WILLIAM G. BERG, Jr., Clty Clerk A Good Place to Live MAX YERRINOTON JANICE L. GASS, Clty Treasurer ROBERT D. CORRIE WALT W. MORROW CITY OF MERIDIAN BRUCE D. STUAR7 Watsr Work Supt. P 8 Z COMMISSION JOHN T. SHAWCROFT,1Naate Wafer Supt. s 33 EAST IDAHO JIM JOHNSON, Chairman DENNIS J. SUMMERS, Parka upt. MOE ALIDJANI SHARI S. STILES, P 6 Z Adm. MERIDIAN, IDAHO 83642 JIM SHEARER KENNETH W. BOWERS, Flre Chief W. L. "BILL" GORDON, PoIICe Chief Phone (208) 888433 • FAX (208) 887-4813 CHATIM HEPPERREE WAYNE G. CROOKSTON, JR., Attorney public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: Julk11, 1995 TRANSMITTAL DATE: 6/20/95 HEARING DATE: 7/11/95 REQUEST: Accessory Use Permit for an office for a small~lumbing comg_any BY: James Walsh LOCATION OF PROPERTY OR PROJECT: 2935 W. Ann Street JIM JOHNSON, P!Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z -CHARLES ROUNTREE, P2 -TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C -BOB CORRIE, C/C -WALT MORROW, C/C _MAX YERRINGTON, C/C -WATER DEPARTMENT -SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8r FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ~, Century 21 A.A Realtors 6570 Fairview Ave. Boise, ID 83704 Attn: Ron Lukesh Dear Customer; Pursuant to your request, the following information has been prepared for you: ( ) Vesting Deed ( X ) Covenants, Conditions and Restrictions ( X ) Plat Map ( ) Other Should you have any questions, or if we can be of further assistance, please do not hesitate to contact us. Thank you for this opportunity to serve you. ~~ Boise Titl a You !!!! ~~~ J' 1 udd stomer vice e & Escrow, Inc. ., • Boise Title ~ Escrow, Inc. 8665 West Emerald, Suite 200 • Boise, Idaho 83704 (208) 377-3190 • Fax (208) 377-5861 PFMR02PUB 95 N E W M A S T E R U P D A T E BOISE TITLE 6/14/95 Parcel 88222180130 Code Area 03 Type Qty Value ACTIVE Name WALSH JAMES L & JEANNE T 204 .210 19000 Data From 410 90900 Master Buyer 990 45450- Bank Code FMC C/0 Lien Code Address 2935 W ANN ST Prepaid L.I.D. MERIDIAN ID Bankrupt 83642 - 0000 Sub.Code J2 Anexation Last Change ~ 94/09/22 By ASR OTT From Total 64450 Entity Legal LOT 2 BLK 2 SUNBURST SUB Exemption #9238635 798 Grp 000 Typ 000 Ap 025900020020 Property Address 02935 W ANN F2=Select F3=Exit Alt-Z FOR HELP:. ANSI 3N 1W 02 Hardship Zoning RT Flag ST MERIDIAN ID 83642-0000 D.O. Type 1 REAL Roll 1 PRIMARY Occ. 0 NON-OCC F10=Tax ;3 FDX :.3 9600 N82 :~ LOG CLOSED :'~ PRINT OFF :3 ON-LINE 'Q G N. 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N Ou ON ur ~Z y C m ~ CO C± rn~ o v 4 N m n z v_ v z Z °c°c m y + az m- Dul m mm Z A HyN NV~ S~ ~~ T Cn 1 v v ~ D v A ~ G O O rn i ~~./~./ m a ~ I H m ~ /^' O _ O ~ ~ Vl Z A 2 f N \ Z C ~ p m Z O ~ ; - ~ o ~ T /~ Z ~.J ~ ~ C] ~ Z O Z Z ~ v W ~ ~ ~ `O i n z I -Zi ° A_ F-1 f ~ ~.~ m V1 m ~{ 0 AO z F'~ • DECLARATION OF PROTECTIVE RESTRICTIONS AND COVENANTS SUNBURST N0. 1 SUBDIVISION ~ 3 s©o~l~S4s KNOW ALL MEN BY THESE PRESENTS, That the undersigned does hereby certify and declare: Russell Hunemiller simple of the ,following County, Idaho. All of the lots in the official plat there Recorder of Ada County, of Plats at Pages ~ Willian Stunr are the described real property, Sunburst No .. 1'' Subdivisi of, on file in the office State of Idaho, as shown and records of Ada I I. owner in fee located in Ada on, according to of the County by Book County, Idaho. That all of the re a'1 property and all lots, parcei~ or tracts thereof, and any conveyance describing all or any part thereof, either by reference to the official plat of said subdi- vision or by a number of designatioris•therein, or otherwise, shall be subject to the restrictions, covenants, reservations, and conditions therein expre~~ed and set forth, and that oy the acceptance of such conveyance , assignment, or transfer of inter- est, the grantee or grantees and their heirs, executors, adminis- trators, successors, and assigns and~each of them, agree with other as to the property so described or conveyed in or by such conveyance, as follows: (a) ANNEXATION; Wh2ra "annexation" is referred to in this document, it shall mean and refer to the process by which addi- tional tracts or parcel of real property are made part of Sun- burst Home Owner's Association, Inc. and this Declaration of "" Protective Restrictions and covenants. , (b) ASSOCIATION; Where "Association" is referred to in this document, it shall mean and refer to the Suburst Home Owner's Association, Inc., an Idaho non-profit corporation, its succes- sors and assigns. (c) BUILDING RESTRICTIONS; All lots in said subdivision shall be known and described as residential lots and be restrict- ed to single family dwellings which shall include, but not be limited to, any dwelling in which eight (8) or fewer unrelated mentally and/or physically handicapped persons reside; and which is supervised by no more than two (2) of such resident staff residing in the dwellir.s? at anv nne time, provided State of Idaho SUNBURST N0. 1 SUBDIVISION DECLARATION OF PROTECTIVE COVENANTS 1 approval has been obtained. No structure shall be erected upon any residential building site other than a residential dwellings and accessory buildings, none of which shall exceed. two (2) stories in height, wood shake roofs are permitted and all compo- 2 sition roofs will be the sane color, Greg. ` s (d) TYPE OF BUILDING; All buildings shall be of frame, stone, brick, concrete, or block construction and if other than brick or stone, shall be finished aiid painted and kept in good repair, and said-property shall be used in such manner as to be inoffensive to any other property ,oainers thereof.. all building plans shall be approved by the Architectural Control committee. No moving of prebuilt homes into subdivision will be allowed. (e) MINIMUM BUILDING erected upon said property designated on the official patios, breezeways, st'orag tures), and a minimum of a each single-family unit. • ~.3 ~ 66~ ~~.546 SIZE; All residential buildings shall hive a minimum floor area as .plat (exclusive of garages, carports, roofs, porches and similar struc- double-car garage is manda*_ory for (f) BUILDING LOCATION; No dwelling house, garage, nor any part thereof, nor any other structures (exclusive of fences and similar structures) shall be placed nearer than twenty (20) feet to the front nor nearer than fifteen (15) feet to the rear of the building site on which it is located. No building feur.~?a*_ioa cr wall shall be erected with less than a five (5) foot side yard, per story, on either side of the house; except, buildings on corner lots shall be at least twenty (20) feet from both streets. For the purpose of this covenant, eaves, steps and gutters shall not be considered as a-part of the building; PROVIDED, HOWEVER, that this shall not be construed to permit any portion of a building or any site to encroach upon any other site. Where it is architecturally possible, it is recommended that all garages be incorporated in and made a part of the dwelling house. (g) BUILDING SITE; A building site shall consist of a minimum of One (1) of the residence tracts as platted in said plat, and as described in a deed or conveyance; or 2) a parcel composed of portions of one (1) or more such residence tracts, the depth and frontage of said parcel shall equal or exceed the depth and frontage of platted residence tracts as platted in the same block, with the minimum dimensions and area being in confor mance with the requirements of subdivision and zoning ordinances effective at that date. • (h) MOVING OF BUILDINGS CONSTRUCTION OF OUTBUILDINGS; No building or structure or prebuilt home shall be moved onto said real property from any land outside of said plat. No trail- er houses shall be parked in any street or within building set- backs SUNBURST N0.1 SUBDIVISION DECLARATION OF PROTECTIVE CO'1ENANTS 2 ~ ~136a0~~54~ lines. No trailer, basement, tent, shack, garage, barn or other outbuilding erected on a tract shall be at any time used as a residence, temporarily or permanently, nor shall any residence of a temporary character be permitted. No building of any kind shall be erected 'or maintained on a building site prior to the erection of the dwelling house thereon, except that a garage or other similar small building of permanent construction may be erected for. the purpose of storing tools and other articles prior to the erection of a permanent dwe~:ling. (I) PROSECUTION OF CONSTRUCTION WORK; The construction of the dwelling and associated structures shall be prosecuted dili- gently and continuously fram time of commencement thereof until such dwelling and associated structures are fully completed and painted. All structures shall be completed as to external ap= pearance, including painting, within.eight (8) months from the date of commencement of construction, unless prevented by causes beyond *_he control of~the owner or builder and only for such time as that cause continues. (j) OIL AND MINNING OPERATIONS; No oil drilling, oil ' development operations, oil refining, quarrying or mining opera- tions of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot: No derrick or other structure designed for use in boring for oil or natural gas shall be erect- ed, maintained or permitted upon any lot. (k) EXCAVATION, DEFACING OF LANDSCAPE, DITCHES; No excava- tion f`~ ~t~no~ sand, gravel, 28Trh ^~ Wi^.°~3~5 5311 ~~ W3d4 upon a building site unless such excavation is necessary in connection with the erection of an improved structure thereon. _. ~ No irrigation drain or waste water shall be permitted to flow in open ditches to or on any lot in said subdivision. (1) REFUSE DISPOSAL - MATERIAL STORAGE; No machinery, appliance, or. structure or unsightly material, or junked or dilapidated vehicles or automobile parts may be stored upon any piece, parcel or portion of said subdivision. No trash, garbage, ashes, or other refuse may be throw, dumped or otherwise disposed of upon the real property. No building materials shall be placed upon the building site until the Grantee or builder is ready and able to commence construction, and then such materials shall be placed within the property line of the building site upon which the structure is to be erected. The undersigned shall have the right to enter upon any vacant building site for the purpose of burning or removing weeds, brush, growth or refuse. SUNBURST SUBDIVISION DECLARATION OF PROTECTIVE COVENANTS 3 . • 236QQ«~5~~ (m) FENCES - HEDGES; No fence, hedge, berm or boundary wall situated anywhere upon any building site shall have a height greater than that allowed by the. local controlling ordinance, but in no event shall it be greater than six (6) feet in height, behind the bi:ilding front or side street setback lines, above the finished graded surface on the street side sidewalks or the ground upon which such fence, hedge, berm, or wall is situated, except, if. on a berm the height of the berm shall be deducted from the otherwise allowed height.: No fence, hedge, berm, or wall shall be constructed in front of the front or side street setback lines greater than four ,(/~•) feet in height if open chain Zink fence or three (3) feet in height if solid fence; except, if on a berm the height of the berm shall be deducted from the allowed height of the fence, No fence, berm, wall, hedge or, shrub planting which obstructs sight lines at elevations between three (3) and eight (8) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property li^.~s a^d ~ line connecting them at points thirty (30) feet from the -intersection of the street property lines extended. The same sight-line limitations shall apply on any lot within ten•(10) feet from the intersection of a street property line within the edge of a driveway, or alley oavenant. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is main- tained at sufficient height to~prevent obstruction of such sight line, 8'Eight foot from back of sidewalk. (n) NOXIOUS USE OF PROPERTY - SPITE FENCES; No portion of the real property nor of a building site nor any structure there- on shall be used for r_he CO?':d'~C*_ of c; ..:ada, business or pro- fessional activities. Noxious or undesirable acts, or undesira- ble use of any portion of the real property is prohibited and _z. shall not be permitted or maintained. The determination of *_he undersigned owner that any activity, or use is undesirable or noxious shall be conclusive upon all. patties. - The construction or maintenance of a spite fence or spite tree shall be prohibited upon any building site. The determination by the undersigned owner that any wall, fence, hedge, or tree falls within the latter category shall be conclu- sive upon alI parties. SUNBURST SUBDIVISION DECLARATION OF PROTECTIVE COVENANTS 4 • ~ ~.3sooo ~~~~ (o) GENERAL APPEARANCE AND NEATNESS OF PROPERTY; No .recre- ational vehicles nor other vehicles larger than a three-quarter- ton pickup shall be parked on any lot in SUNBURST SUBDIVISION nearer the street than the front line of the dwelling, or in the street right-of-way. For the .purposes of the Protective Restric- tions and Covenants, recreational vehicles shall include, but not be limited to; boats, campers, motor homes, snowmobiles, motorcy- cles and race cars. All recreati.Anal vehicles must be stored behind a 6' fence. All maintenance work performed on the above vehicles or personal automobiles shall be done inside the garage with the doors closed. No vehicle shall be parked in the street for a period of time exceeding twenty-four (24) hours at a time. All Grantees in Sunburst Subdivision shall maintain their property in a neat and orderly fashion. Landscaping must be planted within three months ffom the time the dwelling is occupied and must be maintained and watered. All Grantees shall maintain the dwelling in good repair and .appearance and shall not allow the buildings, fences, landscaping or any other part of the property to have a shoddy appearance as determined by Architec- tural Committee. (p) BILLBOARDS- SIGNS; No sign of any kind shall be dis- played to the public view on any residential building site except one sign of not more than five („5) square feet advertising the property for sale cr ra-.t or signs used by a builder to auvartise the property, during the construction and sales period. (q) ANIMALS; No livestock, excepting dogs and cats, shall be permitted at any time upon the real property of the subdivi- Sion. Dogs and cats are permitted only as pets, and no boarding or commercial enterprises will be permitted where such animals -~` exceed in number that set fourth limitation by the City of Merid- ian Ordinances. IZI That no building shall be erected, placed, or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control committee, hereinafter designated, as to quality or workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevations. No fence or wall shall be, erected, placed or altered on any lot nearer to any street than the minimum building-setback line unless similarly approved, as provided in Paragraph M hereof, and allowed under ordinance of the City of Meridian. SUNBURST SUBDIVISION DECLARATION OF PROTECTIVE COVENANTS 5 • ~ 13~~~^~5 50 As to all improvements, construction, and alterations upon building sites, 'the Architectural. Control Committee shall have the right to refuse to approve any design, plan, floor area or color for such improvements, construction or alterations which is not suitable or desirable in th_e opinion of a majority of said Committee, for any reason, esthetic or otherwise, and in so passing upon such designs the Committee shall have the right to take under 'consideration the suitability of the proposed building or other structures, and the material of which it is to be built and to the exterior color scheme, t,o the site upon which it is proposed to be erected, the harmony thereof .with the surroundings and the effect of the building or other structure or alterations thereia as planned on the outlook of the adjacent or neighboring property, and the effect or impairment that said structures will have on the view of surrounding building sites, and any and all factors which in the opinion of a 'majority of the Committee shall affect the desirability or suitability of such proposed struc- ture, improvement or alteration. Actual construction shall comply With the plans and specifications as approved and shall not commence prior to th receipt-of the written approval or expiration of the time period provided hereir_ for the granting of such approval, by the Architectural Control Committee. ~I V Tne drenitectural Control Committee is composed of William Stuhr, 2890 W. Cherry Lane, Meridian, Idaho 83642: Russell D. Hunemiller, 282 W. Parliment Court, Boise, Idaho 83706. A major- ity of the Committee may designate a representative to act fo- it. In the event of the death or resignation of any member of the Committee, the remaining members shall have full authority to ,~ designate a successor. Neither the members of the Committee, nor "' ~ its designated representative, shall be entitled to any compensa- tion for services performed pursuant to this .covenant. At the time one-hundred (100) percent of the building tracts, or Lots, in Sunburst subdivision have been initially occupied, the then owners of the building tracts, or lots, shall elect resident property owners as the members of the Architectural Control Committee, to replace those persons, or their replacements, named above. Such election may be by a general meeting or a written ballot circulated to all Home Owners, with the two persons re- ceiving the most votes deemed elected. A written instrument setting forth the results of the election shall be duly recorded in the office of the Recorder of Ada County, Idaho. At any time thereafter, the then record owners of a majority of the. lots as shown on the plat of the subdivision shall have the power through a duly recorded instrument to change the membership of or to withdraw from the Committee or restore to it any of its powers and duties. No member of this Committee duly appointed or elect- ed shall incur liability by reason of any act or omission in exercising the duties herein established for such Committee. SUNBURST SUBDIVISION DECLARATION OF PROTECTIVE COVENANTS 6~ • 5~ That the Architectural Control Committee's approval or disapproval as required in these covenants shall be in writing. In the event the Committee, or its designated representative, fails to approve or disapprove within thirty (30) days after plans and specifications have been ,'submitted to it approval will not be required of such Committee and the related covenants shall be deemed to have been fully complied with. VI (a) That the owner of said. real property, herein above . described, reserves unto itself, its successors and assign, or for public dedication by the owner'; its successors and assigns, a ten (10) foot right-of-way across and along the street lines of all lots and a ten (10) foot right-of-way along the rear lot lines of each said lots, for the purpose of construction water mains, electric distribution lines., irrigation ditches, sewer , lines, gas pipelines, and such other public utilities as shall be necessary, convenient and desirable for the Grantees and owners of said lots and parcels hereforth: this reservation being in- tended to provide an easement Twenty (20) feet wide centering on the rear lot line of each lot. T,he easement area for each lot and all improvements in it shall be maintained continuously ~; the owner of the lot except for those improvements for which a public authority or utility company is responsible. Within these easements, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities .or which may change _~ . the direction of flow of water through drainage channels in the easements. (b) An easement is hereby granted to the Idaho Power Compa- ny, a corporation, its licensees, successors and assigns, a permanent and perpetual easement and right-of-way, sufficient in width to install and maintain an underground electric power line, including the perpetual right to enter upon the real estate hereinafter described, at all reasonable times, to construct, maintain and repair underground power lines, through, under and across said lands, together with the right, at the sole expense of the Idaho Power Company, to excavate and refill ditches and trenches for the location of said power line, and the further right~to remove trees, bushes, sod, flowers, shrubbery, and other obstructions and improvements interfering with the location, construction and maintenance of said power lines on and across the following premises belonging to the said owner in Ada County, State of Idaho, in the following location, to wit: SUNBURST SUBDIVISION DECLARATION OF PROTECTIVE COVENANTS 7 . ~ ~ 13600 ~i552 IN SUNBURST SUBDIVISION, Ada County Idaho, a strip of land ten (10) feet wide, five (5) feet on each side of the boundary line of the actual building site, running from the street right- of-way or utility easements as shown on the plat to a point or points on said boundary line which are directly opposite from the electrical service entrance facilities on the buildings con- structed on the building sites on each side of the boundary line; thence, strips of land each ten (1O).feet wide, one (1) on each building site running directly from said point or points of the boundary line to the corresponding opposite electrical service entrance facilities on the building.s~'constructed on said building sites. The actual building site may be a lot as shown on Sun- burst Subdivision plat or a combination of portions of lots intended to comprise a building site. (C) The Architectural Control ,Committee, hereinabove desig- nated, shall constitute a committee, subject to the aforemen- tioned ordinances and r'ul~~ and regulations of the various Utilities having jurisdiction, to determine and designate the location upon such easements of all Irrigation ditches, pole lines, sewer lines, and other public utilities' distribution lines, which designation shall be effective to vest the right to utilize such easement areas. This Committee shall exist in perpetuity, and in the event of vacates by resignation or death, the remaining member(s) of the Committee shall fill such vacancy by appointment of an owner of property within this subdivision to such Committee. VII SUNBURST SUBDIVISION HOMEOWNERS ASSOCIATION, INC. The Association is formed to manage and operate the pressure irriga- -~~ tion system and the surface drainage disposal system in Sunburst Subdivision. The Association has duties and obligations not covered in this Declaration, and are set forth in the 'Articles and By-Laws of the Association recorded in the office of the Recorder of .Ada County, Idaho, which by reference herein become part of this Declaration. The Association has the authority to assess the Lots and also maintenance of common area and boundary along fence and island entrance, and operation of the community well, the operation and maintenance of the above mentioned sys- tems; however, the~Association does not have any powers to assess the residential Lots of the Subdivision for any other purpose whatsoever. SUNBURST SUBDIVISION DECLARATION OF PROTECTIVE COVENANTS 8 s - .+ • ., VIII • ~ ~..~~ooo~.ss3 ANNEXATION; As set forth in the original documents on file in the Office of the Ada County Recorder, Boise, Idaho, addition- al property may be annexed to Sunburst Homeowner's Association, Inc. and brought within the provisions of the Association at any time, and from time-to-time without the approval of any Owner or the Association by recording a Supplemental Declaration of Pro- tective Restrictions and Covenants with respect thereto, which shall annex such property to Sunbu.rs't Homeowners's Association, Inc. and which may supplement the original Declaration with additional or different covenants, conditions, restrictions, reservations and easements as the Grantor may deem appropriate therefor, and may delete or modify as to such annexed property such covenants, conditions. IX That these Protective Restrictions and Covenants shall run with the land described herein and •s hall be binding upon the parties hereto and all successors in Title or Interest to said real property or any part hereof, for a period of twenty (20) years from the date this document is recorded, at which time said Protective Restriction and Covenants shall be automatically extended for successive periods of" ten (10) years unless the owner or owners of the legal title to not less and two-thirds (2/3) of the platted residence tracts or platted lots, by an instrument or instruments in writing, duly signed and acknowl- edged by them, shall then terminate or amend said Protective Restrictions and Covenants, and such termination or amendment shall become effective upon the filling of such instrument or s. . instruments for record in the office of the Recor3ar of Ada county, Idaho. Such instrument or instruments shall contain proper references by volume and page numbers to the record of the plat and the record of the Declaration in which these Protective Restrictions and Covenants are set forth and all amendments here- of . X That should any Grantee violate or attempt to violate any of the provisions of these Protective Restrictions and Covenants, any other person or persons owning any real property embraced in the said subdivision plat the homeowner association shall have full power and authority to prosecute any proceedings at law or equity against the person or persons violating or attempting to violate any of the said Protective Restrictions and Covenants, and either to prevent him, or her, or them from so doing or to recover damages sustained by reason of such violation. SUNBURST SUBDIVISION DECLARATION OF PROTECTIVE COVENANTS 9 - _ ~~ 170711 • ADA CG~NTY, I D. FOR~~(3U2,ST J. DAYl-D-NA`JARRO RtCORDER 8Y moo XI '91 DEC 12 P(~ 2 1~ That the invalidation of any provision, sentence, or para- graph contained in these Protective Restrictions and Covenants by Judgement or court order shall in,,no way affect or invalidate any of the other provisions, ,sentences, or paragraphs of said Protec- tive Restrictions and Covenants, bu,t the same shall ber and remain in full force and effect. ~ ~~C©~~1J4~ IN WITNESS WHEREOF, the undersig~ have her nto caused their names to be subscribed t s- ~ .day of 1991. artnership / ~~ ~~ Russell D .Hun ~ Karen Hunemiller i 4`~t-nom W'llia tuhr ~ Joann Stuhr STATE OF IDAHO ) ss COUNTY OF ADA ) On this day of 1991, before me, the undersigned Notary Public in and for the State of Idaho, person- ally appeared Russell D. Humemiller, and Karen Hunemiller know to _~ be husband and wife and William Stuhr and Joann Stuhr know to be husband and wife and known to me to be the partners of whose names are subscribed to the within document, and .~ acknowledged to me that they executed the same. .~• ''• :y~(. ~~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed ~, • ''' my of~,icial seal the day and year in this certificate f irst above ~., t~`wriitte~. T \ ~i .. .., ~~ t ' ~ v c-~ .. _ .M ~ ~.. ~\. ,`. r- -. ,~ • . ` No ry Public for Idaho ,c .~ , ~ ,.~ •. .'- Residing at Meridian, Ida~o~ •r`' ~ My commission Expires ~T__ 9~ .,, 7~~/ :SUNBURST SUBDIVISION DECLARATION OF PROTECTIVE COVENANTS 10 ~_ .-• N~~;~~~ •9170712 ADA CCJNTY, i D. FUR~.1tZST J. DAVID NAVARRU RECORDER BY ~aD x I ' gl ©EC 12 Pal Z 13 That the invalidation of any provision, sentence, or para- graph contained in these Protective Restrictions and Covenants by Judgement -or court order shall i~n no way affect or invalidate any of the other provisions, sentences, or paragraphs of said Protec- tive Restrictions and Cevenants,,but the same shall be and remain in full force and effect. ~ ,, r. r. IN WITNESS WHEREOF, the their names to be subscribed 19 91 . ~ ,, ~ /~~~ ~~,~/l~% 'J ~ ~ M_ -tis ,,, `~ ~~ Not y Public f ~r Idaho ~_~ ,. ~ Residing at Meridian, Id ho ~,,,;~ : ~t ~ u S`' ~'- My commission Expires ~/~~9 ~n ,`.~ .. ,~ ~,. l~ U; 'Russell Hunem er i Giil iam St STATE OF IDAHO } l3vflfl;33.~5~ tindersig~-ed have here into caused ~ his ~~ day of ~`.~,~ Partnership ~~i v 1~CCti Karen Hunemiller , Joann Stuhr ss COUNTY OF ADA }~ - On this /day of 1991, before me, the undersigned Notary Public in and for the State of Idaho, person- ally appeared Russell D.. Hunemiller, and Karen Hunemiller know to be husband and wife and William Stuhr and Joann Stuhr know co be husband and wife and known to me to be the partners of whose names are subscribed to the within document, and ' acknowledged to me that they executed the same. t=~~- IN WITNESS WHEREOF, I have hereunto set my hand and affixed '•--my official seal the day and year in this certificate first above •''~w¢~t't~en. ~ , ~ ~'.~ ~. SUNBURST SUBDIVISION DECLARATION OF PROTECTIVE COVENANTS 10 ' 9170713 ~~~~ • ~~~~ aDa COUNTY, 1 D. FOR~j(~(~P~T ~• Davlo NavaRRo RECORDER gy X00 X I ' 91 DE012 Pal ~ ~,~ That the invalidation of any provision, sentence, or para- graph contained in these Protective Restrictions and Covenants by Judgement or court order shall 'in no way affect or invalidate any of the other provisions, sentences, or paragraphs of said Protec- tive Restrictions and Covenants, but the same shall be and remain in full force avid effect. g3~00<~~.~04 IN WITNESS WHEREOF, the undersigned have her unto caused their names to be subscribed this /~~ day of ~~Y,~2ti/ STATE OF IDAHO ) -tnership ~!l(/~U aren Hunemiller Joann Stuhr ss COUNTY OF ADA ) On this ~- day of 1991, before me, the undersigned Notary Public in and for the State of Idaho, person- ally appeared Russell D. Hunemiller, and Karen Hunemiller know to be husband and wife and William Stuhr and Joann Stuhr know to be husband and wife and known to me to be the partners of whose names are subscribed to the within document, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, m official seal the day • ~ ~zi~t~n. • .. 1~' = •: . ~• t ~ ~, ~ •, .. • ~.. 7 ~ t .. _J~ • ~ ~ • \ V ~~ K ~. ~ ~ ,~ ,. ~. I have hereunto set my hand and affixed and year in this certificate first above ~~ i No ry•Public for Idaho " L~ Residing at Meridian, Zdaho My commission Expires ~~~~ SUNBURST SUBDIVISION DECLARATION OF PROTECTIVE COVENANTS 10 ~~ .~ r i ~ ~ ~_ _` ~ ~ ~~ 1~MENDMENT OF ARTICLES OF INCORPi1~2ATION OF SUNBURST HOMEOWNERS ASSOCIATION, INC. William Stuhr and JoAnn Stuhr, as President ~~nd Secretary, respectively, of SUNBffi?ST HOMEOWNERS ASSOCIATION, INC., a corporation organized and existing under the laws of the State of Idaho, hereby certify that at a special meeting of all the members of this corporation, called for the expressly stated purpose, held at the office of the corporation in Boise, Idaho on January 3, 1992, at which meeting al~ of the members of the corporation were present and voted, the following resolution was, by unanimous vote of all of the members said corporation, adopted: "RESOLVED, that the Articles o` Incorporation •~f this corr~r~tion be, end the same are. Hereby amended in the following manner. 1. Article II. subsection 1 shall read upon amendment as follows: The object and purpose of this corporation is to provide for the ownership, management, maintenance, and operation of ~he pressure irrigation system and the surface drainage dispersal systE~m as shown on the. official Plats and construction drawings of SUNBU'_'.ST SUBDIVISIONS NO. 1 and NO. 2, according to the official plats thereof filed, or to be filed, in the office of the County Recorder of Ada County, Idaho, and the constructions drawings to be furnished to the Corporation by the registered agent of the Corporation, in conformity with the requirements of the Declaration of Protective Rz~strictions and Covenants for the said Sur..b•irst Subdivision. The initial subdivision filed for record will be SUNBURST SUBDIVISIONS NO. I and NO. 2 with additional property to be annexed to this Corporation by filing for record of plats and additional Frotective Restrictions and ~ Co~~enants ret~:rencing this Corporation. ' ~2. Article ZV. section 1., subsection (a) shall read upon amendment: a. The record title owners of all or any potion c+f the lots in SUNBURST SUBDIVISIONS NO. 1 and NO. 2 in Ada County, Idaho, accordi g to the official plats thereof filed, or to ve ANeaosE. filed, in the office of the County Recorder of Ada County, Idaho, I FTTZGERALD whose Declaration of Protective Restrictions and Covenants a cAOOxsroN ~ reference this Corporation, shall automatically be Members of this AttorM, • tn0 Counn~las P.o.eo:azr Ii AIYIENDMFNT OF ARTICL S OF INCORPORATION - Page 1 Afsnd~an, iauw asp corporation, and membership in this corporation shall be ~. appurta~nant to ownership of. said real property and shall run with the land thezeof. That the underlined parts of each Article indicate the au-endments thereto. IN WITNESS WHEREOF, We have hereunto set our hands this 3rd day o f January, 19 92 . ~ '' A ~ ' Wi 1 atuhr President .~ r ~ . ' Jo:+nn Stulir Secretary .~ ;, .'= •,t~ t v • ~ 7 i~ i- AM8pO5E. i1T:GEMID a Cwop~src:: wttw.•rys ane Cow».gn -.G. Bo^ X27 w.w4n, ia.tw GyS+2 TWpfw+. yb-Vdl STATE OF _TDAHO ) ss County of Ada ) I, .:ohn 0. r'itzgerald, a Notary Public, da herabp certif.: that on the 3rd day of January, 1992,. personally appeared before me, William Stuhr and JoAnn Stuhr, who being first duly sworn, declared that they. Williar., Stuh?- and Joann St~~'_:r, ~_~ th° President and Secretary of SUNBURST HOMEOWNERSo'~SSOCIATION, INC.; that they signed the foregoing document as President and Secretary. of the Corporation ai.d that the statements therein contained aze true and are taken pursuant to instructions given by the all the sharehoiners of said Corporation at a special meeting held this same date. r,~.. (SEAL) Notary Public f Idaho " ~' ~- ~, Residence: Mer~ an .~ AMENDMENT Or ~'~RTICLES OF IPiCORPORATION - Page 2 ! ' 1 i i ~ • DATED this 3rd day of January, 1992. e E_ r t 13 ~ ~ G ~•0~83 i ~' - ~~ ,. A -'I T HR y ;. ' :ac •, ~epOSE: , LOERA~,p~ ~ ~ OOKSTOti' .rM~r/ a~W .~N1W~ eo..n nom, w.ne ce.i ~2t)~7L8 Member S U WctC~ 'm ' '_ - Ij.: ~::1 ~ / R E C D F. D. ,Z 3 Y ,~' ,;' C ~l r~ L :.:~~'~:~"~. n~ JOAI~J~i • STUHR ~'`J, Member '92 JflN S r~1~ 9 `~9 :~ ~,~ .~ / ~~% - 1tUJSC+LL D. IiiTi:EMILLER i; Member STATE OF IDAHO ) ss County of Ada ) On this 3rd day of January, 1992, 's:efore me, the ~:::•?~=~:;::~d Notary Public for said State, personally appeared William Stuhr, JoAnn Stuhr and Russell D, Hunemiller knoh n to m~e to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my o`ficial sea? the~'dy and year in this certificate first above written. • , No ary Public for Idaho ' Residence: Dieridian r AMENDMENT OF ARTICLES OF INCORPORATION - Page 3 ;1 c~' =~~~-. I ;~ f 1_ - - - AMBROSE, FrrzcEA.~o acROOrcsroN CounnNOn P.U. Bo: X27 MN',dlan, W~Iw 8362 eNphon~ ~6-ub t ~ 13~ ~ 0'0'781 P.29.ENDMENT OF ARTICLES OF INCORPORATION OF SUI~IBURST HOI~OWNERS ASSOCIATION, INC._ William Stuhr and JoAnn Stuhr, as President and Secretary, respectively, of SUNBUFST hOMEOWNFRS ASSOCIATION, INC., a corporation organized aAd existing under the laws of the State of Idaho, hereby certify that at a~special meeting of all the members of this corporation, called for the expressly stated purpose, held at the office of the corporation in Boise, Idaho on January 3, 1992, a~ which meeting all of the members of the corporation were present and voted, the following resolution cans, by cn4nimous vote of all of the members said corporation, adopted: "RESOLVED, that the Articles o` Incorporation of this corporation be, and the same'are hereby amended in the following manner. 1. Article II. subsection l shall read upon amendment as follows: The object and purpose of this corporation is to provi<3e for the o•+Tnersh~p, management, maintenance, and operation of '.:he pressure irrigation system and the surface drainage disp~~sal s~~stem as shown on the official Plats and construction dra~;ings Cf S'.?"1°L'RST SUBDIVISIONS NO. 1 and ?~?O. ? • ?Crn--r+ i nc~ to the official plats thereof filed, or to be filed, in the office of the County Recorder of Ada County, Idaho, and she constructions drawings to be furnished to the Corporation by the registerec agent of the Corporation, in conformity with the requirements of the Declaration of Protective Restrictions and Covenants for the said Sunburnt Subdivision. The initial subdivision filed for record will be SUNBJRST SUBDIVISIONS 'NO. I and NO. 2 with additional property to be annexed to this Corporation by filing for record of plats and additional Protective Restrictions and Covenants referencing this Corporation. 2. Article IV. section 1., subsection (a) shall read •.~pon amendment: a. The record title owners o' all or any portion of the lots in SU1`?BURST SUBDIVISIONS N0. 1 and NO. 2 in Ada '~ounty, Idaho, according to the official pla~.s thereof filed, or to be filed, in t:he office of ;,re County Recorder of Ada County, Ida'~o, crhose Declaration of Protective Restrictions and Covena~~ts reference this Corporation, shaJ_1 automatically be Members of this AMENDMENT OF ARTICLES OF INCORPORATION - Page 1 1vU!•J_VlO~:r corporation, and membership in this corporation shall be appurtenant to ownership of said real property and shall run with the land thereof. That the underlined parts of each Article indicate the amendments thereto. IN WITNESS WHEREOF, We have h.~reunto set our hands this 3rd day of January, 1992. , " I /~ Wi lia tuhr' •President ,~, r •T rTT ~, / ~ ~ 1 JoAnn Stuhr ' • -Secretary ' STATE OF IDAHO ) . ss v County of Ada ) I, John 0. Fitzgerald, a Notary Public, dc• hereby certify that on the 3rd day ~f January, 199?., personally appeared before me, William Stuhr and JoAnn Stuhr, who being first duly sworn, declared that they, William Stuhr and JoAnn Stuhr, are the President and Secretary of SUNBiJRST HOMEOWNERS ?ASSOCIATION, INC. ; that they signed the foregoing document as President and Secretary of the Corporation and that the statements therein contained a7•e true and are taken pursuant to instructions given by the all the share:~olders of said Corporation at a special meeting held tr~is same date. r .l ~. i .• ;~ ~pOSE. ;ER,~ID OKSfON •sy• anJ ,s~W~~ aoa aI7 ~n, iWla i X512 ~e BE6aM t (SEAL) ~ .... Notary Public f Idaho Residence: Mer' ion AMENDMENT OF ARTICLES OF INCORPORATION - Page 2 1 a I • i • 1 ' 13~': d-:.. U7~3 DATED this 3rd day of January, 1992. /, ~- /~ ~ ~, =% 2 ~ J 7 L d Member STUHR y " `~1 y ~ /~ JOANN~STUHR ~U'~ Member ~ ' 92 JflFi 6 Ai 1 9 `f 9 ~ ~ - // . ~; ~~, RU SELL n. HUNEMILLER :,~ Member i STATE OF IDAHO ) i --- _ _ - - _ Ss Coun~y of Ada ) • i On this 3rd day of January, 1992, i.efore me, the undersigned Notary Public for said State, personally appeared William Stuhr, i JoAnn Stuhr and Russell D. Hunemiller knoti~a to me to be the persons whose names are subscribed to the within instrument and ac!cnowledged to me that they executed the same. ~ IN WITNESS WHEREOF.-I have hereunto set my hand and affix•~d i my official sea'. the c'.ay and year in this certificate first above ` written. ~ I ~' ~ ' - ~ ~ ~ - ~~ ~ ~ ~~m ;J::I No ary Public for Idaho -~ ~ 1 Residence: Meridian •,~ •• ~ ~ AMBROSE; tTZGERA~II, • . CROOKSTON- 1ldn~y~ MO ..o~nubn ro.eo..r AMENDMENT OF r-.?TICLES OF INCORPORATION - Page 3 ~•not.n, w.no I ~~ orlon. eeda.st i c p~ "~` September 21,1995 Commissioner Alidjani Meridian Planning and Zoning Commission 33 East Idaho Street Meridian, ID 83642 Subject: Accessory Use Permit for James Walsh Dear Commissioner Alidjani; ~,k ~~i~~~ Attached you will find a copy of a letter I wrote to the Planning Commission on September 6, 1995 complaining of the continued operation of a commercial business from a home located in a residential area. As of today this operation continues and company trucks are parked at the house on a daily basis (every morning and every evening) and occasionally a trailer is parked beside the driveway loaded with supplies, we have even had the opportunity to have a large panel truck belonging to a concrete cutting company parked along side the driveway recently. This is unsightly and I have withheld my complaints until I verified through Mr. William Berg that the "Accessory Use Permit" was denied. I now feel that I have the right to see our neighborhood restored to it intended residential use. If the Planning and Zoning Commission has reversed its' decision I feel that those who were asked to comment, in a letter mailed to us on May 30, 1995, should have been notified of the reversal so we could have forwarded additional comments. This business has been operating out of our subdivision since January of 1995, comments were requested in May of 1995, a hearing was conducted on July 11, 1995, a decision was made to deny the request around the first week of August 1995, yet the business continues to operate, blatantly ignoring the decision of the Planning and Zoning Commission. At this time I respectfully request that the City of Meridian enforce their decision not to allow the operation of a commercial enterprise from a residential home. Cordially on Hamann September 6, 1995 Meridian Planning and Zoning Commission 33 East Idaho Street Meridian, ID 83642 Subject: Accessory Use Permit for James Walsh Dear Commissioners: On June 2, 1995 I received a "Notice of Application" for a Accessory Use Permit concerning Mr. James Walsh, from Ms Shari Stiles. I responded as requested by letter stating that I object to having a commercially zoned azea next door to me in a residential azea. My wife attended the meeting on July 11, 1995 and voiced her opinion stating that she did not object to an office located in the house but she did object to having trucks pazked in the neighborhood. On August 28th or 29th I stopped by City Hall and talked to Mr. William Berg and discussed the continuing problem of Mr. Walsh running a business out of his home. Mr. _ Berg at that time assured me that the Accessory Use-Permit had been denial -and that he would forward my complaint and concern to Ms. Stiles. I received a call from Ms. Stiles the next day and she informed me that the Chief of Police and the Enforcement Dept. had stopped by on several occasions to check on the business and verified that Mr. Walsh was not pazking company trucks outside of his home. At that time I informed Ms. Stiles that Mr. Walsh and his employees loaded equipment and supplies into company vehicles (usually two) almost every morning between 7:30 a.m. and 9:00 a.m. and that almost every evening the trucks return and on many occasions one of the company vehicles remains overnight pazked along side the driveway. During our conversation I felt that Ms. Stiles didn't fully believe me and that she was accepting my call as just a nuisance. In my letter dated June 7, 1995 I stated that "we purchased in a residential area, not a commercially zoned azea, and we want it to remain that way." and I can't understand why the Mr. Walsh continues to run his plumbing business out of his home when his permit was denied and I have become the nuisance! Cordially; ~.' ,/ :~; `. n amann • 5 ~:~' 0 9 1995 September 6, 1995 ~'~ ~ ~ Ut ~i>~KyU1~1i Meridian Planning and Zoning Commission 33 East Idaho Street Meridian, ID 83642 Subject: Accessory Use Permit for James Walsh Dear Commissioners: On June 2, 1995 I received a "Notice of Application" for a Accessory Use Permit concerning Mr. James Walsh, from Ms Shari Stiles. I responded as requested by letter stating that I object to having a commercially zoned area next door to me in a residential area. My wife attended the meeting on July 11, 1995 and voiced her opinion stating that she did not object to an office located in the house but she did object to having trucks parked in the neighborhood. On August 28th or 29th I stopped by City Hall and talked to Mr. William Berg and discussed the continuing problem of Mr. Walsh running a business out of his home. Mr. Berg at that time assured me that the Accessory Use Permit had been denied and that he would forward my complaint and concern to Ms. Stiles. I received a call from Ms. Stiles the next day and she informed me that the Chief of Police and the Enforcement Dept. had stopped by on several occasions to check on the business and verified that Mr. Walsh was not parking company trucks outside of his home. At that time I informed Ms. Stiles that Mr. Walsh and his employees loaded equipment and supplies into company vehicles (usually two) almost every morning between 7:30 a.m. and 9:00 a.m. and that almost every evening the trucks return and on many occasions one of the company vehicles remains overnight parked along side the driveway. During our conversation I felt that Ms. Stiles didn't fully believe me and that she was accepting my call as just a nuisance. In my letter dated June 7, 1995 I stated that "we purchased in a residential area, not a commercially zoned area, and we want it to remain that way." and I can't understand why the Mr. Walsh continues to run his plumbing business out of his home when his permit was denied and I have become the nuisance! Co y Ron Hamann • Meridian Planning & Zoning Commission August 8, 1995 Page 10 WITH DRIVE THRU FACILITIES FOR LOT 5 -BLOCK 1 OF AVEST PLAZA BY AVEST LIMITED PARTNERSHIP: Johnson: Any discussion regarding these findings of fact as prepared? Shearer: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions. Hepper: Second Johnson: Moved and seconded that we adopt the findings of fact as prepared, roll call vote. ROLL CALL VOTE: Alidjani -Yea, Shearer -Yea, Rountree -Yea, Hepper -Yea MOTION CARRIED: All Yea Johnson: Any recommendation to the City Council? Shearer: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby recommend to the City Council of the City of Meridian that they approve the conditional use permit requested by the applicant on the property described in the application. Rountree: Second Johnson: We have a motion and a second for approval, favorable approval to the City Council, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR AN ACCESSORY USE PERMIT FOR AN OFFICE FOR A SMALL PLUMBING COMPANY BY JAMES WALSH: Johnson: Is there any discussion regarding these findings of fact? Rountree: Page 8, item 17, it appears as if there is something left off. I don't know what that would be, it doesn't make any sense. Crookston: May I make a suggestion, between the words "no" and "testimony' insert public. C~ Meridian Planning & Zoning Commission August 8, 1995 Page 11 Johnson: Would that solve your problem Mr. Rountree? Rountree: Well, it makes sense but I believe there was testimony. Johnson: We had quite a bit as I recall. We have both sides of that. Crookston: Strike the word °no". Johnson: How about deleting item #17. Crookston: You can do that too. Johnson: What is your pleasure? Crookston: Mr. Chairman, I move that the Meridian Planning and Zoning Commission adopts these findings of Fact and Conclusions with the deletion of item #17 page 8. Johnson: Could I add to that one editorial before you get your second and that is the same page #4, there is, the fourth sentence, I believe business is supposed to be plural there. Crookston: That is correct. Johnson: That is just an editorial change. Rountree: With that editorial change. Shearer: Second Johnson: We have a motion and a second to adopt the findings of fact and conclusions of law as prepared with the two corrections stated, roll call vote. ROLL CALL VOTE: Rountree -Yea, Shearer -Yea, Hepper -Yea, Alidjani -Yea, MOTION CARRIED: All Yea Rountree: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby decides that the plumbing business which has been operated from this home and for which the application proposed to obtain an accessory use permit is not an accessory use permit and that the application for an accessory use permit be denied. Alidjani: Second Meridian Planning & Zoning Commission August 8, 1995 Page 12 :~ Johnson: It is moved and seconded that we pass a recommendation onto the City Council to deny the Accessory Use Permit. Crookston: Mr. Chairman, this is not a recommendation, this is your decision. Johnson: Thank you for the correction, as a Commission that we have decided that the accessory use permit is to be denied. That is one of those few areas that we have some authority and I keep forgetting that. All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: FINDINGS OF FACT AND CONCLUSIONS OF LAW FORA. DAY CARE BY WILLIAM AND CINDY WALGAMOTT: Johnson: Any discussion regarding the findings of fact that have been prepared? We need a motion then. Hepper: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact. Rountree: Second Johnson: Its been moved and seconded I guess there is some discussion, Mr. Smith? Stiles: Excuse me Mr. Chairman and Commissioners, on page 4 there is also on item 11 that there was no public testimony given. Johnson: Is that the same error is that what you are saying? Stiles: Yes Crookston: There was no public testimony. Stiles: Isn't the applicant's testimony considered public or not? Crookston: I don't consider it public testimony because it is by the applicant, it certainly is testimony by a person from the public, but it is the applicant. So I don't consider it being exterior from the application. Stiles: Okay, never mind, go ahead sorry. • MERIDIAN PLANNING 8 ZONING COMMISSION MEETING: AUGUST 8 1995 APPLICANT: JAMES WALSH AGENDA I TEM NUMBER: 10 REQUEST: FINDINGS Of FACT AND CONCLUSIONS OF LAW FOR ACCESSORY USE PERMIT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: • Flu FINDINGS Of FACT AND CONCLUSIONS OF LAW L nroJ~ ~ C~y~e ~sqd~°J ~Q~ u~~k ~I a 51~ ~~z~ YQ~~ w~'~ ~.,~ ~"~ I° AI! Materials presented at public meetings shall become property of the City of Meridian. • • BEFORE T8E MERIDIAN PLANNING; AND ZONING CO1~II~IISSION JAMES WALSB ACCESSORY USE PERMIT 2935 W. ANN STREET MERIDIAN, IDA80 FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing July 11, 1995, at the hour of 7:30 o'clock p.m., the Petitioner's wife, Jeanne Walsh, appearing in person, the Planning and Zoning Commission of the City 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 Accessory Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for July 11, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the July 11, 1995, 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 is the owner of the property; that the property is currently zoned R-4 Residential; the property is described in the application; that the surrounding properties are residentiai FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 WALSH • • homes, are zoned R-4, and are in Sunburst Subdivision. 3. That the intention of the Applicant, as stated in the Application, is to occupy one room in the house to use as an office for a small plumbing company and to park one company vehicle behind an enclosed area; Applicant states that they have no inventory or equipment located on the premises and have rented a storage place to store materials; that they have no traffic in or out generated from the business. 4. That at the hearing, Mrs. Walsh testified that on approximately Ja~uary 11, 1995, they proceeded to set up an office in their home to run a small plumbing company; that in May, 1995, they were approached by a Meridian City officer telling them they needed to apply for a permit and it was explained to the officer that we had gone to City Hall at the start of their business and was told they didn't need one. 5. .That there was written testimony submitted regarding the operation of the business out of the home, more particularly with respect. to the equipment on the premises and the parking of the extra vehicles at the property; that a letter objecting to the application, from Mr. Ron Hammon was received; that V. Schultz sent a letter dated June 7, 1995, objecting to the applica~dion; that all letters are incorporated herein as if set forth in full herein. I 6. That Ronald Lukesh, a Boise realtor, submitted a letter requesting the Commission reject this application; that he has clients who wish to keep the provisions of their protective FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 WALSH • • restrictions and covenants in force; that there is a continuous flow of traffic to and from the house and more than one truck parked on a continuous basis around the home. 7. That Denise Milner, Ronald Glass and Julie Vrba, all testified at the hearing, stating that the Walsh's have cleaned out the garage storing the equipment in a storage unit off the premises; that the vehicles were partly as Mrs. Walsh had stated earlier, belonging to family which was visiting at the time; that since their letters of objection, the property has been cleaned up and the activity has been much less; that they now do not object to the Walsh's using a room in their home as a small office to run their plumbing business and to park one company vehicle behind an enclosed area. 8. That the R-4 District is depicted in 11-2-408 B 3. as follows: jR-41 Low Density Residential District - Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-4) District allows for a maximum of four ( 4 ) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 9. That the subject property is occupied by the Applicant and his family; that the yard is fenced; that the property does not have irrigation canals or facilities in the area. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 WALSH • 10. That sewer and water is already connected to the property. 11. That the Planning and Zoning Director, Shari Stiles, the Nampa Meridian Irrigation District, the Meridian City Police Department, Meridian City Fire Department, the Ada County Highway District and Central District Health submitted comments and they are incorporated herein as if set forth in full herein. 12. That the Planning and Zoning Director submitted comment dated July 11, 1995; she stated that this Accessory Use Permit application was submitted as a result of numerous complaints received from neighbors in this subdivision; that as you enter this subdivision at 2935 W. Ann Street, this is the first house on the right; that a one-ton truck has been habitually parked out front, and plumbing supplies apparently were filling the garage; that reports of an employee meeting at the house daily have been received; that at the time of the initial complaint relatives were living in an RV trailer on the lot. She recommended that the accessory use permit be denied, as past operations appear to be totally inappropriate for a residential area. There are areas in the city that are available for running a business of this type that would not impact existing residential neighborhoods and that if this application be granted, that it be for bookkeeping only and that plumbing shipments and parking of commercial vehicles or storage of materials not be allowed. 13. That the Fire Department commented that there shall not FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 WALSH • • be any inventory stored at this location and the Police Department commented that there was a possible parking and advertisement signs in the yard problem. 14. That an accessory use is defined in 11-2-403 B DEFINITIONS, as follows: Accessorv Use or Structure - A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. An accessory use or structure does not alter the essential characteristics of the principal permitted use and does not include a building which is defined herein as a dwelling unit. 15. That accessory uses are dealt with in Section 11-2-410 D, ACCESSORY USE PROVISIONS, and such is incorporated herein as if set forth in full herein; that section provides for accessory use review and states, in part, as follows: 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 as 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 WALSH i • the accessory use. b. home occupations may be considered to be permissible accessory uses in the R-4 and R-8 Residential Districts if they are approved after applying the following additional review procedures and the applicable accessory use standards of Section 11-2-410 D 2: (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) below shall be allowed for response to said notice. (2) Notice of the application shall be published in the Valley News for two (2) consecutive weeks and fifteen (15) days after first publication shall be allowed for comments. (3) The applicant shall be required to pay any additional sewer, water and trash charges or fees, if any are required. (4) The use shall be considered as a commercial use. (5) Pay the fee of eighty dollars (580.00). (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 and Zoning Commission, which may grant or deny the application after making findings of fact. Any aggrieved party may appeal the decision to the City Council within thirty (30) days of the Commission's decision and, if not so appealed, the decision shall be final. (7) If there are no objections filed within the time for filing the same, the Zoning Administrator may grant the request. 2. 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 WALSH (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 as is customarily incidental to domestic use; (4) No significant traffic shall be generated by such home occupation, and any need for parking generated by 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; and (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. 16. That from the evidence submitted it is found that contractors and sub-contractors, who are not members of the family that lives in the home, and who come to the home to transact business.; that there were comments about continuous flow of traffic . FINDINGS OF FACT AND CONCLUSIONS OF LAW Page ~ WALSH ~~ .~ e r `i ~ rrrc-trw~ze ~ ~a a n n '1' P t y m~+++.• ~* + ero *+ a t t l~ o h o a r i nr~~ ~j/b(i 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 within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has accessory uses pursuant to 11-2-410 D of the Ordinances of the City of Meridian. 3. That the City has the authority to of its own ordinances and proceedings, other and ordinances, and of actual conditions exi and state. authority to grant Revised and Compiled take judicial notice governmental statues sting within the City 4. That it is concluded that the plumbing business is not habitually or commonly established as reasonably incidental to the principal permitted use of a residential home; there are not many plumbing business operated out of a residential home and therefore it is concluded that such a business is not a accessory use to the home. 5. That since all of the other properties in the subdivision are used only for residential homes, since, as shown by the letter submitted, there is a great potential for adverse impact on adjacent property, since the applicant is not the sole user of the proposed accessory use in that there are many people who come to FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 WALSH C the house to conduct business, it is also concluded that the plumbing business is not an accessory use. 6. It is further concluded that the plumbing business does not qualify as a home business accessory use since there are persons other than members of the family residing on the premises who are engaged in the plumbing business. APPROVAL OF FINDINC~B OF FACT AND CONCLUSIONB The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED VOTED VOTED VOTED DBCI8ION The Meridian Planning and Zoning Commission hereby decides that the plumbing business which has been operated from this house, and for which the Applicant proposes to obtain and accessory use permit, is not accessory use and that the Application for an accessory use permit is denied MOTION: APPROVED• \ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 WALSH • • Meridian Planning & Zoning Commission July 11, 1995 Page 28 ITEM #22: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A 6,000 SQ. FT. MULTI-TENANT RETAIL PAD- WITH DRIVE THRU FACILITIES FOR LOT 5 -BLOCK 1 OF AVEST PLAZA BY AVEST LIMITED PARTNERSHIP: Johnson: At this point I will open the public hearing and invite the representative from the applicant to address the Commission. Tom Bauens, 380 East Park Center Blvd., Boise, was sworn by the City Attorney. Bauens: This application is for parcel 2 or excuse me parcel 5 located on Fairview Avenue on the east end of the project. This parcel size is 32,282 square feet. Our application is to again construct a 6,000 square foot multi tenant facility with 2 drive through windows one on each end the east and west end of the buildings. We have no signed leases on this building but interest and letters of intent are being worked on with a sandwich shop on the west end with a drive thru window, a shoe store taking the middle portion of the building and a dry cleaning facility store taking the east end of the building also with a drive thru. We have reviewed the City staff requirements and met with ACHD and gained the Ada County Highway District Commissioners approval last Wednesday on the application. We ask for your approval this evening. Johnson: Thank you, any questions of the Avest representative? This is a public hearing, anyone from the public that would like to address the Commission on this application? Seeing no one then I will close the public hearing. If there is no further discussion by the Commission I will entertain a motion. Rountree: Mr. Chairman, 1 move that we have the City Attorney prepare findings of fact and conclusions of law on this item. Shearer: Second Johnson: It is moved and seconded to have the City Attomey prepare findings of fact and conclusions of law for this conditional use permit request, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #23: PUBLIC HEARING: REQUEST FOR AN ACCESSORY USE PERMIT FOR AN OFFICE FOR A SMALL PLUMBING COMPANY BY JAMES WALSH: Johnson: I will now open the public hearing and invite the representative for Mr. Walsh to come forward and address the Commission. • • Meridian Planning & Zoning Commission July 11, 1995 Page 29 Genie Walsh, 2935 West Ann Street, was sworn. by the City Attorney. Walsh: I am here tonight to request an approval for us to have an office in our home to run a small plumbing company. We started out before we even started our company I did make a visit to this office to find out if there was anything that I needed to do as far as requiring a permit to have it in our home and they told me no I didn't need anything. So we proceeded in setting our office up in our home. Johnson: When was that do you remember? Walsh: Approximately the 11th of January. We proceeded, we got our office set up and everything and we used our personal vehicle at first for our truck. Since that time we have acquired one more company truck and we had a lot of visitors. We had our in-laws living with us, we had four extra vehicles parked in our driveway which forced one of our vehicles to be parked out in front of our home and we did, we had a visitor from an officer here in Meridian about in May. He came and asked if we had a business in our home and I said yes and he said are you aware that you had to apply for a permit? 1 said I went to the City and they said I didn't need one and they said well we have been receiving some complaints and you also have somebody living in a motor home. We had a motor home parked on the left side of our property behind a fence which complied with our covenants of our subdivision and we had our in-laws visiting us. My father-in-law was laid off so they were going to go back to California. I told him that and he said okay I am going to give you 30 days to comply with your business. You can't have anything, you have to apply for your use. Right away I came down and got an application for this and we complied. We had the motor home taken out just because we didn't want anymore problems with any neighbors or anything. We had rented a storage and moved all of our inventory out and we have parked our company vehicle behind our fence. Which complies with the covenants and also which states in the City application that is what they wanted us to do if we have that vehicle. So we still had complaints and we just believe that a lot of the complaints that we had were just mis-construed for being our personal things and people were mixing them up with our business. Because we did have extra vehicles there we had more traffic because of that. Since then our in-laws have moved out and there is no one else living there and we have tried really hard to keep our vehicle parked behind. We don't have anything in our garage from our company, we have a storage now and we do have support. Our neighbors are here, they have complimented us on how well we have done. We are just here tonight to apply to be able to run the office out of one office of our home. Johnson: Are there any questions of Mrs. Walsh by the Commission? Hepper: So you wouldn't have any supplies stored in the garage or behind the fence, beside the house? • • Meridian Planning & Zoning Commission July 11, 1995 Page 30 Walsh: No we don't. Hepper: In the backyard, you don't have any and you don't plan on having any? Walsh: That is correct. Hepper: What about the second company vehicle? Walsh: The second vehicle is currently parked behind the fence when it is brought home, but we do have an employee and we are going to let him take that vehicle home and park it at his house. Hepper: Where is the main company vehicle parked? Walsh: In the driveway. Hepper: Do you have a 2 car garage or a 3 car garage? Walsh: Two Johnson: Do you have any copies of letters that we have received in opposition to your request? Walsh: No I don't have any of the opposition, I have a support letter for support, but no opposition. Johnson: I have a letter here from a realtor by the name of (inaudible) you are not familiar with that letter? Walsh: No I am not. Johnson: It is dated June 14th, sent to the Zoning Administrator, the statements in here conflict with your testimony. They make reference to vehicles particularly in a landscaping vehicle parked on the street. Pluming supply warehouse run out of a garage. It speaks toward traffic to and from the home. There is also a letter from Mr. Ron Hammon I believe is the way you pronounce that at 2971 West Ann, writing for he and his wife, objecting to the application. Walsh: I believe his wife is here tonight and I, she can come up if she likes. I believe she is okay with the office in the home. It is just the vehicles. • • Meridian Planning & Zoning Commission July 11, 1995 Page 31 Johnson: That letter was dated June 7th perhaps some things have changed. There is also another letter from a V. Schultz that is objecting as well. General objection based on a commercial in a residential area. And we do have one letter of support as well. Any other questions of Mrs. Walsh at this time? Rountree: I have a question, she may have said it but I didn't hear it, it is in the letter that Jim referred to the first time from the realtor, it speaks of a landscaping vehicle that is parked there. Walsh: I have no knowledge of what that is. This is one of the instances which has been really hard for us to be calm about this because what happens is there has been lots of complaints coming, it has nothing to do with our business. We have friends that are contractors that may have a van that come over and visit. As soon as that person parks in front somebody is calling City Hall about our business. It has nothing to do with running our of our business and it is just getting really ridiculous to us because we are doing all that we can. We respect our neighbors and we care about what they think. We certainly do not want to do anything that is going to upset them or you know we want to have a good relationship with them so we are doing anything that we can. The odds are against us when every time there is something besides our own business another vehicle there there is a complaint. So all you see are the complaints in front of you and that is what you have to go on. The landscaping vehicle, I don't have any idea what that is. But like I say at first when we did start the business in early January we did have some vehicles that were parked out on the street and we did have some inventory in the garage. That has been taken care of. We do have like I say we have some people here tonight that can testify that everything has been looking real good around there and being kept up and the vehicles have been parked behind the fence and there is no inventory in the garage. I also have some pictures that I took on Monday of the side where we park the vehicle and also what our garage looks like, if you would like to see them. Hepper: Is there anybody that works in the office besides you? Walsh: No Rountree: How many people are employed by the company? Walsh: Two, the owner and one employee. Rountree: The owner or the owners? Walsh: The owners, myself and my husband James. • • Meridian Planning & Zoning Commission July 11, 1995 Page 32 Rountree: So there would be 3 people whose livelihood depend on this company? Walsh: That is right. I am at home so I am not in and out, we just adopted a baby so I am staying home and am going to do the business. So I am there all day long now. (End of Tape) Hepper: When you have people come to the office or when you have business dealings with contractors doing bids, payroll for your employees stuff like that, would most of them be coming to the office? Walsh: What we are doing is we are meeting the contractors in places like restaurants to get the bids. The employee does come to the residence to pick up his paycheck. Currently right now he has been coming back to the residence at the end of the day to drop off the vehicle but like I said, and he parks his own vehicle behind our fence and takes the truck, but now he will be bringing that home. Johnson: Any other questions for Mrs. Walsh? Thank you very much, this is a public hearing, is there someone else that would like to testify on this application? Denise Milner, 2971 West Ann Street, was sworn by the City Attorney. Milner: My husband Ron Hammon and I are one of the complainants. Since our complaint we have seen that Jim, they have done a very good job at cleaning everything up. We have no objection to a home office but we do have objection to a business with big trucks and lots of employees and supplies in the front. They have changed that. Never did want to see anybody hurt, lose their career but the changes that have been made are fine with me personally. That is all I wanted to say. Johnson: Fine, just for the record, does your subdivision have a homeowners association? Milner: Yes it does. Johnson: Has it addressed this issue? Milner: It says that there shall be no business. Johnson: That is in the covenants though which we have access to, has there been any public meetings regarding this business, any meetings by the homeowners association, their board of directors? • Meridian Planning & Zoning Commission July 11, 1995 Page 33 Milner: Businesses in general Johnson: No this specific one? Milner: No Johnson: And businesses in general what do they do? • Milner: It is going to be discussed again in August and perhaps make an amended to the CC&R's. Johnson: Thank you very much, anyone else like to address the Commission? Ronald Glass, 1653 North Victor, was sworn by the City Attomey. Glass: I too live in the subdivision, probably 8 or 9 houses down from the subject property. At first the business was, there was more business run out of the garage and since then basically all I see from where I am at is the daily work truck that you or I would drive back and forth to work everyday. There are no signs on the truck it is just a truck. It has some racks on the top with some pipe on it. There are other trucks just like it parked in the same subdivision that are getting no complaints. It seems like this house has been singled out maybe because of the activity and the certain individuals that are around it that are there more often than other parts of the neighbofiood. So, I have no objections to it and support it. A small business in today's world is tough to run. If they can do it all the power to them. I don't see any problem having an office there. That is really all 1 wanted to say. Johnson: Thank you, anyone else? Julie Verba, 2892 West Ann, was sworn by the City Attomey. Verba: I live directly across the street from the Walsh's and have at the beginning noticed all the traffic and things like that. They had family staying with them and everything so we were understanding to that. But now, everything looks good, they keep their truck behind the fence, there is not a lot of activity going on. Me being right in front of them it doesn't bother me to see the cars come and go and my little girl plays out front and there. is not a lot of traffic going on. So I am all for them getting their permit to run their business from their home. I, this probably isn't the time to mention it but they are just wanting to run a business from their one bedroom but there are also people out in the subdivision that are running day cares and I don't know if they have come in and gotten their certificates or whatever they need to do in the subdivision to actually run a business. It is harder in today's society to actually make it and a lot of people are working out of the home. So • • Meridian Planning & Zoning Commission July 11, 1995 Page 34 support them and hope that they get their permit. Thank you. Crookston: What is the name of the subdivision? Verba: Sunburst. Crookston: Thank you. Johnson: Someone else that would like to address the Commission? Seeing no one then I will close the public hearing at this time. This is for an accessory use permit. Rountree: I have a question, do we do findings on these or do we? Johnson: It is my understanding we act on these, is that true Wayne? Crookston: Mr. Chairman, it doesn't stick in my mind what exactly we do. The actual question I have is whether or not this is an accessory use permit or whether it is a conditional use. Rountree: That is my next question, it seems to me that it is kind of on the edge of the envelope of what an accessory is. A conditional use would not be allowed in this neighbofiood because my recollection is that it is an R-4 neighbofiood. Johnson: The fact that it is an accessory use permit application is probably not the responsibility of the applicant. I don't know that they would know the difference or that any layman would know the difference. So I would assume they were guided in that direction by the City. Do you have any comments regarding what our action should be on this Shari Stiles our Planning Administrator? Stiles: Mr. Chairman and Commissioners, I did tell them to apply for the accessory use permit because what they were asking for was to operate the office portion out of their home and not the rest of it. Which would be allowed under the accessory use provisions of the ordinance. Johnson: 1 understand the accessory use permit with the way the activities have been paired down, storage of supplies, materials, only an office I think it would fit the criteria for an accessory use permit the way I understand it. Some of that is judgement. Crookston: That is something that we can address in .the findings. Johnson: You would like us to do findings of fact is what you are saying. • • (dleridian Planning & Zoning Commission July 11, 1995 Page 35 Crookston: I think in that regard we should. Rountree: Mr. Chairman, I make a motion that we have findings of fact and conclusions prepared on this item. Hepper: Second Johnson: We have a motion for findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea . Johnson: What that means to you is that at our next meeting on August the 8th we will have findings of fact prepared like we had tonight which are written documents that address the situation from a legal standpoint and it incorporates all the testimony dealt with here tonight. We have to pass those on if we do approve them we have to pass those onto City Council for approval and then they take it up at their next meeting. So it is kind of a long process but we are just one step into it in a 3 or 4 step process depending on how long it goes. Soon as the findings of fact are prepared and acted on by this Council then they are made public to you. So you can get a copy of those following our August 8 meeting. Until they are acted on they are not public information. (Inaudible) Johnson: Well it is because, what is the reason for what, not being available to you? (Inaudible) Johnson: Well I think there is some feeling here that we are kind of in a gray area between a conditional use application which probably would not be allowed because it is an R-4 subdivision or an accessory use permit which could be allowed because an accessory use permit basically one that is unobtrusive for lack of a better term to the neighbors. There are a lot of those. People might run a mail order business, you never see it or like an office for telemarketing, you never see it. Those are permitted under our ordinance and we had different guidelines and restrictions for both the accessory use permit and conditional use permit. I feel you have applied in the right fashion on this because you have been guided that way also. We need to incorporate the testimony tonight and state that so that when it goes to the City Council there is no question. Where we are coming from as a commission that doesn't mean they will accept what we do verbatim. The chances of it being amended are probably slim unless you get substantial opposition between now and then. You never know about those things, it will be noticed at the City and it will be on the • • Meridian Planning & Zoning Commission July 11, 1995 Page 36 City Council's agenda. At our next meeting there will be no further testimony like we did the ones tonight that you had to sit through. If you have any further questions you can talk to our City Clerk Will Berg or Shari Stiles during normal work hours. I am being told that pefiaps we can give you a final decision if we determine it is an accessory use permit at the next meeting. We don't have very many of these they come up only once or twice a year. It is a very narrow definition of what will be permitted under an accessory use. ITEM #24: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A DAY CARE BY WILLIAM AND CITY WALGAMOTT: Johnson: I will now open the public hearing and invite the Walgamott's representative or themselves to appear before the Commission and state what you plan on doing. William J. Walgamott, 3019 N. 28th Street, Boise, was sworn by the City Attorney. Walgamott: We are requesting approval for a conditional use permit for the day care facility at 1915 West Cherry Lane. I received many documents, I can't confirm what each document is I am not that familiar with them. Several of them have a lot of stipulations, a lot of requirements. Some of them are by the highway department or the highway district excuse me. I received also another document on comments by the planning committee. All of those things in there we plan to comply with. It is already set up the building is already set up with a circular drive way. It already has the curb cuts in the sidewalk which we plan to use. We are going to do a one way drive thru as not to obstruct the traffic. The traffic will be flowing on, I am trying to think which way, it would be west bound traffic. Traffic will enter in from the west bound side, it will be adequate parking spaces there for all of the parents to be able to drive into. There will also be parking along an existing driveway and parking area presently for employees. We will do the one way so the parents are not backing out, we don't have people coming out 2 different ways obstructing view of another person. Compliance with the hours, I was just handed a notice here by Shari Stiles the hours are well within our operating. hours. I don't believe we will open at 6:00 at the earliest 6:30 and we will definitely be going past 6:00 in the evening. presently run a day care in Boise and I know personally just from working I don't want to be working past 6:00 and 1 know my neighbors don't appreciate that either. That is one of the things we want the neighbors there to understand. We also keep good control, the time limit that the children are outside is not going to be early in the morning. They will be going out at certain times mostly during the summer months it will probably be like from 10:00 to 11:00, 11:30 or so simply because of the heat. The respect for the neighbors, I am sure in that area there will be neighbors that aren't going to get up until maybe 9:00 or so. I personally wouldn't want a whole bunch of kids out or even a dozen kids out in the back yard playing and yelling and what have you interrupting my sleep. Every thing that we have found with the property, the building fits perfectly for what we were looking for. • MERIDIAN PLANNING & ZONING COMMISSION MEETING: JULY 11 1995 APPLICANT: JAMES WALSH AGENDA I TEM NUMBER: 23 REQUEST: PUBLIC HEARING• REQUEST FOR AN ACCESSORY USE PERMIT FOR AN OFFICE FOR A SMALL PLUMBING COMPANY GE C CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS W" SEE ATTACHED COMMENTS p ~L ~ ~v c~~ ~~ ~I Materials presented at public meetings shall become property of the City of Meridian. OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clry Treasurer GARY D. SMITH, P.E. Clty Enplneer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Wasts Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P b Z Adm. KENNETH W. BOWERS, Flre Chief W. L "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO Iv1ERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 8 Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: Ju1~11, 1995 TRANSMITTAL DATE: 6/20/95 HEARING DATE: 7111/95 REQUEST: Accessory Use Permit for an office for a small plumbing corn a{~ny BY: James Walsh LOCATION OF PROPERTY OR PROJECT: 2935 W. Ann Street 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 WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT t :ITY ATTnRNFY MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELI INAL PLAT) CITY FILES OTHER: YOUR CONCISE,RFa,1AARKS: t ~~~~~ Vi ED J U P~ ~ ~ 1~9~ CITY OF 1~tER.liD1A~~D OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clry Treasurer GARY D. SMITH, P.E. Clty Enplneer BRUCE D. STUART, Water Worka Supt. JOHN T. SHAWCROFT, Wsste Water Supt. DENNIS J. SUMMERS, Parka Supt. SHARI S. STILES, P d Z Adm. KENNETH W. BOWERS, Fira Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • 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 Public Works/Braiding Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 3 Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning S Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by:~uly 11 1995 TRANSMITTAL DATE: 6/20/95 HEARING DATE: 7/11/95 REQUEST: Accesso~ Jse Permit for an office for a small plumbing company BY: James Walsh LOCATION OF PROPERTY OR PROJECT: 2935 W Ann Street 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 _606 CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8r FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES / Z Z ~~~ OTHER: (,Q " YOUR CONCISE REMARKS: J to f~ Z 2 1' CENTRAL CEN •• DISTRICT 'HEALTH DEPARTMENT ~ ~3 <S ,~,~,/ ~- I . We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Street Runoff is not to create a mosquito breeding problem. ^ II ^ 12. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^ 15. Date: ~ l `~ ~ l CI Reviewed By: CDHD IDl91 rcb, rev. I/9S Review heet L DISTRICT HEALTH DE Environmental Health Division TIRENT ~..,- ~~ ~ ~,. Return to: ~'~~~~~ ^ Boise ~'~ O ~~ f~J:~•,~• ^ Eagle J 6~s~ p Rezone # ~ ~~•-~~ ~'~:~~~ j, e „ ^ Garden city ' ~ ~ ` D~Nleridian Conditional Use # ^ Kuna Preliminary /Final /Short Plat ^ ACZ ~~~~ la~~.s ff i~c~S'soy~l c/s~ ~f6//'~~ ~o • RECEIVEID J ~ N 1 5 1995 CITY OF N[ERIUTAN June 14, 1995 Zoning Administrator City of Meridian 33 East Idaho St. Meridian, ID 83642 Re: James Walsh Accessory Use Permit Shari Stiles: I am writing this letter to the Meridian Zoning Administrator, Shari Stiles, asking that the application for an accessory use permit for the operation of an office for a small plumbing business by James Walsh at 2935 W Ann Street be rejected. I am a realtor and have sold homes in Sunburst Subdivision. I have clients who wish to keep the character, the general appearance and neatness of their subdivision and wish to keep the provisions of their protective restrictions and covenants of Sunburst No. 1 subdivision in force. Mr. James Walsh is not only asking for an office, but he has a garage full ofi plumbing supplies. There is a continuous flow of traffic to and from the house and more than one truck is parked on a continuous basis around the home. On weekends a landscaping vehicle is also parked in the street in front of 2935 W Ann Street. To allow a plumbing supply warehouse to be run out of a garage, allow plumbing trucks to be parked in firont ofi 2935 W Ann Street and to allow a plumbing business to be run from this home in this subdivision is not in keeping with the CC&R'S of Subdivision Sunburst No. 1. We ask the Meridian Zoning Administrator to deny this application because it is not in compliance with the CC&R'S of Sunburst No. 1. Ask Mr. James Walsh to clean his garage of plumbing supplies, keep his trucks out of the subdivision and not park a landscaping vehicle in front of 2935 W Ann Street on weekends. Thank you, Ronald Lukesh Realtor, Boise MLS C.DUQi.G,,.~3 G-~ ~°l Jeffrey L. Vrba . 2892 W. Ann St. !`'ter i d i an , I D 836+2 2D8-88B-6D96 hm 2+D8-42~-51'93 wk • J r~ JUN 1 6 195 Shari Stiles moaning Administrator City of Meridian 33 East Idaho St. Meridian, ID B36~2 Dear Shari Stiles I am writing this letter in response to the fltatice of application of Mr. James Walsh of 2935 W. Ann St. to run an office far a small plumbing business and to park one company vehicle behind an enclosed area at his home, which was sent to us by your office. Mr. Walsh has kept his business area neat and clean and has not disturbed us since he has started this business. I along with my wife Julie R. Vrba have na oblectians to Mr. James Walsh of 2935 W. Ann Street running an office for a small plumbing business and to parF; one company vehicle behi$-td an enclosed area at his home at 2935 W. Ann St. also known as Lat 2, Slack 24 Sunburst Subdavisian, Meridian, Ada County, Idaho. ~ ~/r~~ EY L. VRBA ~~ ~ ~~~-. ~_ ; LIE R. VRDA • • June 7, 1995 Shari Stiles Zoning Administrator, City of Meridian 33 East Idaho St. Meridian, ID 83642 Subject: Accessory Use Permit for James Walsh Dear Ms. Stiles: In response to the notice you mailed to us on May 30, 1995 my wife and I, after careful consideration, have decided to object to the issuing of a permit for the operation of a plumbing business in our neighborhood for the following reasons: When we purchased our home we purchased in a residential area, not a commercially zoned area, and we want it to remain that way. We have enough traffic in the area and the additional traffic of employees in the neighborhood is not welcomed. We live next to the proposed business address and the parking of several company vehicles along the street was not appreciated and was very thoughtless to neighbors who had to look at it on a daily basis. Inserting commercial property in a residential area will no doubt reduce the value of our property. Although we object to parking of company vehicles or inventory storage in the neighborhood we do not object to an office in the residence. Many people operate small businesses (Avon, Real-estate, Amway, etc.) and they do not visually affect the neighborhood nor increase traffic. In defense of Mr. Walsh we think it is unfair that the City of Meridian allowed him to operate his business for four or five months, establish clientele, and then seek approval of the neighbors. We feel this puts unnecessary stress on neighborhoods and will undoubtedly cause hard feelings among neighbors. Co ,, o a a~ ~~ H/ Anh 5~, dt9.~ ~' ~~~o >,~~ ~ 9 9S JUN 1 6 1995 CITY OF NlE~ti1lA ~~ ~ a 9 3 5 2d: 4rnm~ -~~~or~~ o-L CL ,mo o -~+-r~ Qo~~~ d~-~O~~ -.~.~-e moo- ..GP. a kr ~.~o~,.t- a- Rum Qa .8.e~n~+.v,~,Z; ~~ adz ~u ~.~a ~7c~o .yin ~ c~ia..~~-~~:~Q~,~e. J2a-u,~~ . CG~a-o- .,vrz -Z~z¢ giz¢a i ..cu-o-uR~ a%YVC~~tc,QQ. ~` ~ ~ ~ • ~. ~. ~ JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary - ~_.~~ . ~~ ~.... . .S ~ i. ~ `+ ..'~ 9" i~, t& July 5, 1995 TO: James L. Walsh 2935 W. Ann Street Meridian ID 83642 FROM: Karen Gallagher, Coordina Development Services Divisi SUBJECT: MAU-1-95 2935 Ann Street Office for plumbing business Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on July 5, 1995. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. KG cc: Development Services Chron John Edney Chuck Rinaldi City of Meridian ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 AD~COUNTY HIGHWAY 1~5TRICT Development Services Division Preliminary Report MAU-1-95 -Office for plumbing business 2935 Ann Street, City of Meridian The applicant is requesting accessory use approval for a plumbing office in an existing dwelling. The 0.2-acre site is located on the south side of ~\nn Street and north side of Cherry Lane approximately 1/4-mile east of Ten Mile Road. This development is estimated to generate less than 10 additional vehicle trips per day. based upon the applicant's statements that the owner and only one employee will be using the site. rind that the storage yard for the business is at another location. Roads impacted by this development: Cherry Lane -Minor arterial with bike route designation - Traffic count 4,282 (1993 estimate by APA) Ann Street -Local street with no pathway designation - No traffic count available 1 ~ _ i M • ~ FlEI o, Oq LPG • ' .. ~ ,, ..l - i' I"L I~s • l.T ' . CT~~O 0 O 1 195 ~'~r0 ~~ iAVENHURST ~ ~, OR ELK ~ .plNS ONE Gt 6TREAAI &T. srO~p m =" tiF r !~ r LN /~ ~'' z w ~~ ~ ~ ~~ ~ ~s~~r.,. ~ CLAI RE S H = ~~ TRACY CHATEAU OR 3 CT r~~pJ OR CHATEAU rn ~ ~ a_a•m _ G~ B n.. FAIRW D CT ~ ~ s x 020' rANA CT UNDER ~ A NA DR V ^' ELMA TA ~ NFL O INGS ELEM. SCH. ~ WOOD ~ ?>• KINGS > tiF iNG < SWOO h ~ SHER Npq~WOOD OA. ' o~ OOD A O 0 ~ ST. T MEND RICKS S 9 t SANDAL OOD ~ = C NEV m i w a Z> > J 23 KRISTE rn ~TOREV ST DR x c S. - ~ W ~ WV d ¢¢ MCGLINCHEYST= ~- r h p t~i~ = ? ~ ~ CT R gypAC l c¢i AMC BALD FALLS ~ _ ~ gAOIAI CT ¢ ~ o ~ < SILVER o ~ ~ RA ~ POST ~ ~ I WATER CT ~ FALLS p < a ~ T to y0 = ~ V CT < C7 ii ~? ~ I' W ~ LUCERNE NT. OAP ~ J O x ~ ~ r MERID y ~ ~ Q <Q Qy Y ~~ ~ HIGi = NORTHGATE AV CT 3 9G~ SONOMA OR > < UNN ~ 3 ELM ~ ~ ELM CT ~( SUNNY> _ wF' SLOPE vi F mnoc< _ ?2 . PL,~ `^' .,- sr~i4...~,y~.~Lr - ~' r~ ~~-. ''~, 'tai ;,~ -" .:.. ~ ~ `i.1 ~'. ", ST. ~ 5AN'GERMAINE :~.~_. EaY cT z JEiF 'r ~ \N m ST 3 ~~ TON < ~ U ~~S STEPHA IE ~ Wm ~ ~9 S ~~¢ ACRD Commission Date -July ~, 1~y5 - 1la)U p.m. L 3 I • 9y -7 . I ~ ' O L „r.' t ~ ~.ns w ~ W v ~ u In VI In N ~ •'~ ~'t ~ S z,~-~ Ro ao ~ ~ m ~' i ~' ~{ X~ ~~ d1a~ ,~ O o -. a In ~ a t r L'S ~ o+ ~ .. Zan „o n0 ~ _? 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Z 8 .oo~cii W ~ g o0 0 ~ ~~._ u ~ Q N $ WI ~^ `~ 0 m a ~ ~i ~, n~ I~ s ~ I I W ~ • .00'OOl ~. ,00'1 t l .~., .L{'101 1~1 ~" 'i0'lNlt ~ 7 .{L.tLlO N le 3 .{L.1L10 N ///~~~ 7 _9-.sal0 N ~ s ,: ~~- N I i N Z ~ N ,R N I e _ .ooru y _ .L6'Y_Ot _ ' .OC'90t _ •~~1 ~~ N 7 .OL.ILtO N I Z 3.{-.SatO N I t -__~~~ .9-.sZlO N - 7 .{L.1L10 N I ~^ I ~, .txla N N ~ o I" 3 oM e I ^ ~ $ n ~ d g O ~ ~m a° _ ~ I `-J = r QO • SZC .6Z.lLlO N `~ ~ ~ ~ I i ~~ N t ~O I ~ - s{~crl _ ., ..,.{.ra s ; - - .oLL{, _. _u.slm s_«~ - w ., N O a ~ N. VICTOR AV ~ •~o~~s ' M ,,.,~~I~r~ -t'tC .oo•oo .ooo{ .0009 .clzc ~ _ ~ _ ti 3 ,ll,61.00 N ~ /~ I ~ I ~ . N = N t 0 ~ v eo cv ~'OV oo ev ~" • • Facts and Findings: • { A. General Information RE -Zoning 0.2 -Acres 261 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Ann Street Local street with no pathway designation No traffic count available 80-feet of frontage 50-feet existing right-of-way (25-feet from centerline) No additional right-of-way required Ann Street is improved with a 36-foot street section wit11 curb, gutter and sidewalk. B. Cherry Lane abuts a common area/landscape lot which is located between the south property line of this parcel (rear yard) and Cherry Lane. Cherry Lane, in the area of this site, is currently being reconstructed with a 62-foot street section with curb, gutter and sidewalk. C. There is an existing single family dwelling on the site. D. The applicant plans to use the existing residential curb cut driveway, approximately 16-feet wide, for access to the site. This driveway meets district policy. E. The transportation system will be adequate to accommodate additional traffic generated by this proposed development. F. This application is scheduled for a public hearing by the City of Meridian Planning and Zoning Commission on July 11, 1995. The following requirements are provided to the City of Meridian as conditions for approval: Site Specific Requirements: 1. Utility street cuts in the future new pavement on Cherry Lane will not be allowed unless approved by the District Commission. 2. Direct lot or parcel access to Cherry Lane is prohibited. in compliance with District policy. MAU-1-95 Page 2 i ~ , . ,, Standard Requirements: .~ 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar day of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity and minimum fee of $110.00. 2. Aright-of--way permit must be obtained from ACHD for any street or utility construction within the public right-of--way. Utility cuts should be combined where practical to limit pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details . 3. Submit site drainage plans and calculations for review and appropriate action by ACHD prior to issuance of building permit. The proposed drainage system shall conform to the requirements of the City of Meridian and shall retain all storm water on-site. 4 5 6. Submit three sets of street construction plans to the District for review and appropriate action prior to issuance of building permit. The applicant shall submit revised plans for staff approval, prior to issuance of building permit, which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Should you have any questions or comments, please contact the Development Services Division at 345-7662. ~ubm_itted bv: Development Services Staff Date of Commi~s~Qn ApTroval JUL p 5 1995 MAU-1-95 Page 3 • HUB OF TREASURE VALLEY • COUNCIL MEMBERS OFFICIALS RONALD R. TOLSMA A Good Place to Live MAX YERRINGTON WILLIAM G. BERG, Jr., Clty Clerk ROBERT D. CORRIE JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. City Enpirteer CITY OF MERIDIAN WALT W. MORROW BRUCE D. STUART, Watsr Works Supt. P ~ Z COMMISSION JOHN T. SHAWCROFT, Waste water supt. 33 EAST IDAHO JIM JOHNSON, chairman DENNIS J. SUMMERS, Puka Supt. MOE AUDJANI SHARI S. STILES, P a Z Adm. MERIDIAN, IDAHO 83642 JIM SHEARER KENNETH W. BOWERS, Fire Chief W. L. "BILL" GORDON, Police Chlaf CHARLIE ROUNTREE TIM HEPPER Phone (208) 888-0433 • FAX (208) 887-4813 (~ ~~ ~ ' WAYNE G. CROOKSTON, JR., Attorney 0 ~~ ® ~ PDbtic Works/Building Department (208) 887-2211 ~( GRANT P. KINGSFORD 2 6 J U N 1995 Mayor NAMPA & MERIDIAN IRRIGATION DI TTi~tt TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMEN~YK~JECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning Sti Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: Ju.1y 11 1995 TRANSMITTAL DATE: 6/20/95 HEARING DATE: 7/11/95 REQUEST: Accessorx. Use Permit for an office for a small plumbing com~anv BY: James Walsh - LOCATION OF PROPERTY OR PROJECT: 2935 W Ann Street JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) MAX YERRINGTON, CIC INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: All laterals and waste ways POLICE DEPARTMENT must be protected Municipal surface drainage must CITY ATTORNEY be retained on site If anv surface drainage leaves CITY ENGINEER the site Nampa & Meridian Irrigation District must CITY PLANNER review drainage plans It is recommended -that irri at ion water be made available t amps eri ian rrigation istrict requires that a Land Use Change Site eve opment app ication e i e or review prior to final platting. Contact onna oore at - or 6-7861 for further information. ill H nson, Assistant Water Superintendent Nampa & Meridian Irrigation District ~s ~~~~~~~ ~' ~~f ~:~~"Y ~= ~':~~~a.~Ef' . , i • 72a~syr.~t. & ~~i~idiact ~Ivcigatioss 2~i~Drtet 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 James L. Walsh 2935 W. Ann Street Meridian, ID 83642 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Plumbing Company Dear Mr. Walsh: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File ater Superintendent / City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS - 40,000 7 July 1995 HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS RONALD R. TOLSMA WILLIAM G. BERG, Jr., City Clerk A Good Place to Live MAX YERRINGTON JANICEL.GASS,CItyTreasurer ROBERT D.CORRIE WALT W. MORROW GARY D. SMITH, P.E. City Engineer CITY OF MERIDI AN BRUCE D. STUART, Water Worka Supt. P 8 Z COMMISSION JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO JIM JOHNSON, chairman DENNIS J. SUMMERS, Parka supt. MOE ALIDJANI SHARI S. STILES, P 8 Z Adm. 1VIERIDIAN, IDAHO 83642 JIM SHEARER KENNETH W. BOWERS, FlreChiet W. L. "BILL" GORDON, Police Chief Phone (208) 888-0433 • FAX (208) 887-4813 CHATIM H ppERREE WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM: TO: Plannin ping Commission, Mayor and Council FROM: Shari L. Stiles, Planning and Zoning Administrator DATE: July 11, 1995 SUBJECT: Accessory Use Permit for a Plumbing Business 2935 W. Ann Street This Accessory Use Permit application was submitted as a result of numerous complaints received from neighbors in this subdivision. The residence at 2935 W. Ann Street is the first house on the right as you enter the subdivision. A one-ton truck has been habitually parked out front, and plumbing supplies apparently were filling the garage. Reports of an employee meeting at the house daily have also been received. At the time of the initial complaint, relatives were also living in an RV trailer on the lot. I recommend that the Accessory Use Permit be denied, as past operations appear to be totally inappropriate for a residential area. There are areas in the City that are available for running a business of this type that would not impact existing residential neighborhoods. If the Accessory Use Permit is to be granted, I would request that it be for bookkeeping only and that plumbing shipments and parking of commercial vehicles or storage of materials not be allowed. OFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L. GASS, City Troaaurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Worka Supt. JOHN T. SHAWCROFT, Weate Water Supt. DENNIS J. SUMMERS, Parka Supt. SHARI S. STILES, P ti Z Adm. KENNETH W. BOWERS, Fire Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM: TO: Plannin oning Commission, Mayor and Council FROM: Shari L. Stiles, Planning and Zoning Administrator DATE: July 11, 1995 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT 0. CORRIE WALT W. MORROW P b Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER t it ,,J C SUBJECT: Accessory Use Permit for a Plumbing Business 2935 W. Ann Street This Accessory Use Permit application was submitted as a result of numerous complaints received from neighbors in this subdivision. The residence at 2935 W. Ann Street is the first house on the right as you enter the subdivision. A one-ton truck has been habitually parked out front, and plumbing supplies apparently were filling the garage. Reports of an employee meeting at the house daily have also been received. At the time of the initial complaint, relatives were also living in an RV trailer on the lot. I recommend that the Accessory Use Permit be denied, as past operations appear to be totally inappropriate for a residential area. There are areas in the City that are available for running a business of this type that would not impact existing residential neighborhoods. If the Accessory Use Permit is to be granted, I would request that it be for bookkeeping only and that plumbing shipments and parking of commercial vehicles or storage of materials not be allowed.