HomeMy WebLinkAboutFowler, Mary AUP 01-012:4 2rlrlll,IIo
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WHITE PETERSONp'=1i;L & lo;rG
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
KEVIN E. DINIIIS
HRNYN
JULIE KLEIN FISCHER
AP
Wm.F. GIORAY. IE
ERICA S. PH t>Ps
D. SAMUEL JOHNSON
ERIC S. ROssMAN
JILL S. JURRIES
TODD A. ROSSMAN
LARRY D. MOORE
DAVID M. SWARTLEY
WILLIAM A. MORROW
TERRENCE R. WHITE**
WILLIAM F. NICHoLs*
NICHOLAS L. WOLLEN
*Also admitted in OR
** Also admitted in WA
To: Staff
A licant
Affected Property Owner(s)
Re: Application Case No.
ATTORNEYS AT LAW
200 RAST CARLTON AVE., SUITE 31
POST OFFICE BOX1150
MERIDIAN, IDAHO 83680-1150
TEL (208)288-2499
FAX(208)288*2501 E-MAIL:@wPPMa.coM
October 1, 2001
AUP-01-012 y'YjCltr�r7�.�
NAMPA OFFICE
5700 E. FRANKLIN RD., sTE. 200
NAMPA, IDAHO 83687-8402
TEL.(208)466-9272
FAX(208)466-4405
PLEASE REPLY To
MERIDIAN OFFICE
FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING
COMMISSION
Staff, Applicant and/or Affected Property Owner(s):
Please note that these Findings and Recommendations of the Planning and Zoning
Commission shall be presented to the City Council at the public hearing on the above referenced
matter by the Planning and Zoning Administrator. Due to the volume of matters which the City
Council must decide, and to insure your position is understood and clear, it is important to have
a consistent format by which matters are presented at the public hearings before the City
Council.
The City Council strongly recommends:
1. That you take time to carefully review the Findings and Recommendations
of the Planning and Zoning Commission, and be prepared to state your
Recommendations
on this application by addressing the Findings and
Recommendations of the Planning and Zoning Commission; and
2. That you carefully complete (be sure it is legible) the Position
Statement if you disagree with the Findings and Recommendations
of the Planning and Zoning Commission. The Position Statement
form for this application Is available at the City Clerk's office.
It is recommended that yourepare a Position Statement and deliver it to the
City Clerk prior to the hearing, if possible. If that is not possible, please present your Position
Statement to the City Council at the hearing, along with eight (S) copies. The copies will be
Cresented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the
ity Attorney. If you are a part of a group, it is strongly recommended that one Position
Statement be filled out for the group, which can be signed by the representative for the group.
Very t ly yours,
City Attorney's Office
Irl
t
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE )
REQUEST FOR ACCESSORY )
USE PERMIT FOR A FAMILY )
DAYCARE FOR 5 OR FEWER )
CHILDREN IN AN R-8 ZONE )
1
i", _. ...)
MARY C. FLBWi';R, )
Applicant )
Case No. AUP-01-012
RECOMMENDATION OF
DENIAL TO CITY COUNCIL
1. The property is located at 962 E. Cougar, Meridian, Idaho.
2. The owner of record of the subject property is Mary C. Fowler of same
address.
3. Applicant is owner of record.
4. The subject property is currently zoned R-8. The zoning district of R-8
is defined within the City of Meridian Zoning and Development Ordinance, Section
11-7-2.
5. The proposed application requests an accessory use permit for a family
day care for 5 or fewer children. The R-8 zoning designation within the City of
Meridian Zoning and Development Ordinance requires an accessory use permit be
obtained for the use requested by the Applicant. (Meridian City Zoning and
Development Ordinance, Section 11-8-1).
RECOMMENDATION TO CITY COUNCIL - I
ACCESSORY USE PERMIT — MARY. C. FOWLER — FAMILY DAY CARE
FOR 5 OR FEWER CHILDREN IN AN R-8 ZONE
6. The Meridian Planning and Zoning Commission recognizes that the
proposed application is in compliance with the Meridian Comprehensive Plan.
7. The use proposed within the subject application will in fact, constitute
an accessory use as determined by City Policy.
8. The Planning and Zoning Commission took in to consideration the
concerns of various neighbors including Monty & Kim Rigenhagen, Carl and Donna
Feeler, and Dave and Denise Hall.
RECOMMENDATION
1. The Meridian Planning and Zoning Commission hereby recommends to
the City Council of the City of Meridian that they deny the accessory use permit as
requested by the applicant, finding that:
a. The accessory use would be detrimental to the neighborhood in terms of
excessive traffic and noise.
b. The applicant stated that her intention was to operate a group daycare
with 6-12 children but that the accessory use permit would enable her
to begin the operation more quickly with the smaller accessory use for
up to 5 children.
ey/ZAW0rkW\Meridian\N4eridian 15360M\Recommendations\AYIP01012Fowlerdaycare.wpd
RECOMMENDATION TO CITY COUNCIL - 2
ACCESSORY USE PERMIT — MARY. C. FOWLER — FAMILY DAY CARE
FOR 5 OR FEWER CHILDREN IN AN R-8 ZONE
Meridian Planning and Zoy+Q Commission Meeting n '
September 20, 2001
Pg. 24
the existing building on the property be extinguished and that at least at this time
only one drive-thru be allowed on the property upon the new building.
Borup: You say that the drive-thru be deleted or --
Nary: On the existing building.
Borup: Right.
Nary: That the drive-thru on the existing building be abandoned at this time.
Borup: Or relocated.
Nary: Well, I think at this point I think we should just abandon it. If they are
going to want to build a new building or remodel that building, they can come
back here and if they haven't -- they can always amend it then.
Borup: And if they have a project before us, that -- anyway, once that --
Nary: I just want to make sure that it's clear to people that if someone else
wants to lease that building that there is no drive-thru right now and that they are
going to have to come up with something else.
Borup: Okay.
Nary: And I think that would be a 14. 1 think that would be all the --
Borup: Only four modifications. Staff comments, plus --
Norton: I second the motion.
Borup: Any other discussion? All in favor?
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 6. Public Hearing: AUP 01-012 Request for an Assessory Use
Permit for the operation of a Family Day Care for five or fewer
children in an R-8 zone for Mary C. Fowler by Mary C. Fowler —
962 East Cougar Street:
Borup: Thank you. Item No. 6 is our next Public Hearing, request for Accessory
Use Permit for the operation of a Family Day Care for five or fewer children in an
R-8 zone for Mary Fowler at 962 East Cougar Street. I'd like to open this Public
Hearing and start with the staff report.
Meridian Planning and Zoi Commission Meeting
September 20, 2001
Pg. 25
Siddoway: Mr. Chairman, Member of the Commission, the property is before
you on the vicinity map outlined in red in the center. East Cougar Street is here
and the general location of this area is east of Locust Grove and south of Ustick.
I'm sorry. West of Locust Grove -- got my directions mixed up there. This is the
house of Mary Fowler at 962 East Cougar Street. They did apply for an
Accessory Use Permit for five children or fewer and, as you know, those are
usually a staff level approval, unless there is an objection and you -- I know there
were several letters submitted. I don't know exactly how many, but you should
have copies of those. And this is roughly the site plan with the driveway, the
garage, and the areas in the house, the family room, dining, kitchen, that would
be used for the day care. I think that's all I have. We do not have a staff report
on this. It's just a Public Hearing for you to hear the testimony and make a
decision as to whether or not this Accessory Use Permit should be granted for a
day care. That's all I have.
Borup: Okay. Thank you. Any questions from the Commission? Would the
applicant like to come forward? Go ahead and state your name and address for
the record.
Fowler: My name is Mary Fowler and, actually, I have no address at this time.
Borup: Okay.
Fowler: I have sold my home, I'm waiting to purchase this home if this passes
tonight, and I have an offer on the home. If this passes, then I'll purchase it. If it
doesn't, I've got to purchase another home.
Norton: So you're living in an apartment or --
Fowler: I lived with a girlfriend for four weeks and I'm with my sister for another
four weeks until the house can close.
Moore: Why doesn't she give the address where she's at?
Borup: Yes. Just where you are temporary is fine.
Fowler: 480 Waltman Lane, Meridian, Idaho. 83642.
Borup: Okay. Then I assume that -- have you had an opportunity to read some
of the letters that we have received?
Fowler: Yes, I have.
Borup: Okay. So this is your opportunity to go ahead and make a presentation
to the Commission on anything you'd like to say.
Meridian Planning and Zor. I Commission Meeting
September 20, 2001
Pg. 26
Fowler: Okay. I have my teaching degree I got about five years ago. I taught in
public schools around the area, but I really want to own my own preschool and
do it in my own home, so I can be home with my children, somewhat available to
them. I have been looking for a home -- looking to do this for about a year and a
half. I was at that time working at Eagle Hills Elementary teaching preschool for
special ed in the afternoon and working for the YMCA in the morning, when one
of the moms told me she did this out of her home. She told me what she was
making and I thought, well, that's the job for me. So at that time, January a year
and a half ago until May or June, I put my house up for sale, I couldn't sell it.
Talked to my daughter's school teacher this year, she met us for breakfast and
said -- she really told me to go for my dream, try it again. So I knew this was my
friend's home, Karen and Gene Jones. I knew they were selling it. I approached
them a year ago last summer, I approached them again this summer, I said are
you for sure selling? Please don't sell with a realtor, please sell directly to me.
So we wrote up an agreement and I think you have a copy of the agreement. I
have a preschool schedule. I went around and talked to all the neighbors
explaining what I would like to do and I talked to the neighbors who dispute it and
I understand their concerns about traffic and noise and nap time. I want you to
know that I have a preschool schedule. It's pretty set, except with children
always you have to be real -- very flexible, but I have an outdoor time after our
nap time also, so I'm hoping that the nap time isn't that big of an issue. I'm willing
to work with that neighbor. I told the husband and wife that I would work with
them on naptime, as we have naptime also. We have activity time for our large
motor skills, outdoor play if the weather permits, from 3:30 to 5:00 everyday.
And here is this if you need to see it. Who do I give it to? And then I have some
letters from people I have done day care for before and one of the neighbors -- I
have a letter from one of the neighbors. I haven't had time to go around and get
the rest. At 862 Cougar there is a school teacher that lives there, she said she
has a sister with a two year old and she's thrilled to see me in the neighborhood.
She would be glad to tell her sister and her sister will tell her friends to come to
me with their children. At 913 Cougar there is a couple living there and they are
fine with me putting a preschool in my home. At 950 Cougar a male answered
the door. There is -- was a husband and wife that live there. They said they had
grandchildren with triplets and they were excited that they could -- they asked if I
did drop -ins and I said, actually, I'm not doing children that young, but we will be
glad -- my daughter and I will be glad to watch them at night if they want to go on
a date. And at 949 Cougar, across the street from the home, I have made
friends with those people. They helped me move my -- my things are right now
are in the garage of this home and we are living out of suitcases, so they have
made friends with and helped me move in. Traffic -- I have a map here. This is
Locust Grove. This is Meridian Road. Locust. Meridian. This is Ustick Road
right here. Fairview right here. And the said location is -- of the home that I'd like
to purchase is right here in the middle -- pretty much in the middle of the whole
block and I have one, two, three, four, five exits and entrances into this
subdivision. There is heavy traffic, that's why it's zoned R-4. I thought another
home in the R-6 area over behind Shopko. I didn't think I would be approved for
Meridian Planning and Zo. , Commission Meeting
September 20, 2001
Pg. 27
a day care and I didn't make an offer on that home. They had a preschool and
they had a dare care preschool already in the garage already set up and it was a
lovely home and I wanted to purchase it, but I knew it probably wouldn't pass, so
I came to this neighborhood, because I knew it was an R-4 and I thought that that
would just be a good thing.
Siddoway: It's an R-8. Just as a clarification it's an R-8 zone
Fowler: Okay. Is that one on the list?
Siddoway: That's the one on the list that allows --
Fowler: I'm going backwards then. Okay.
Siddoway: Right. R-8.
Fowler: So the other one was R-6.
Siddoway: R-4 and R-8. This one is R-8.
Fowler: Does that mean high density?
Siddoway: It's higher than R-4.
Fowler: Okay. That's what I was trying to say. I'm sorry.
Borup: Right. Day cares are one of uses for --
Fowler: There are several day cares in this neighborhood that are not zoned
and licensed. Tara sent me some things on my fax machine. There doesn't
seem to be that many licensed day cares in Meridian. I think it's a very difficult
thing to obtain one. So I really wanted to do it legally. I called the office, they
said there was a possible fine of 300 dollars a day and possible jail time if I didn't
sign up and I come from a family where we live the law and so I'm going for the
daycare. If I don't get one in Meridian I'll move the Boise and start one there. It
might be a lot easier. So that's all I have to say. Do you have any questions for
me?
Borup: Any questions of Mrs. Fowler? Commissioner Norton.
Norton: Mrs. Fowler, you say that you have scheduled time and that sort of
thing. Are you operating a day care someplace else at this time?
Fowler: No. Not right now.
Meridian Planning and Zo Commission Meeting
September 20, 2001
Pg. 28
Norton: Okay. You have a schedule there. Is that what you have done in the
past?
Fowler: Yes.
Norton: I see. And are you a member of the Treasure Valley Association for the
Education of Young Children?
Fowler: I have never heard of it.
Norton: And how long have you been in Meridian?
Fowler: I have never lived in Meridian. I've lived in Boise the last 14 years.
Norton: And you have never heard of that organization?
Fowler: No, I have -- I haven't heard of it in the public schools. No, I haven't.
Sorry.
Norton: Okay. Do you intend on having one to five or six to 12 children?
Fowler: I intend on having six to 12. 1 applied for that July 22nd. They told me
that my hearing would be moved out to October. I said I can't wait that long. My
closing date on the house was August 31 St. They said, well, why don't you pay
another 80 dollars and go for this zoning for one to five. It should pass a lot
quicker.
Norton: Okay. And you do know that Meridian has no day care licensing law on
the books?
Fowler: No, I didn't know that.
Norton: No, we don't.
Fowler: So we don't have to be licensed is what you're telling me?
Norton: You have to be licensed in Ada county, yes. And Ada county would be
overseeing you.
Fowler: Okay. And I have to go to Health and Welfare? I have already got my --
Norton: Yeah. That's through Ada county. And now if you have 12 children do
you plan on hiring employees then?
Fowler: No.
r�
Meridian Planning and Zo, Commission Meeting
September 20, 2001
Pg. 29
Norton: Do know what the ratio is that you need to --
Fowler: Yes.
Norton: And what is that ratio?
Fowler: It's one adult for ages three to five for 12 children.
Norton: Are you sure about that?
Fowler: Yes.
Norton: I just have one other question. I notice that -- I'm familiar with where
this house is and the person right behind you is very, very close to your back
yard.
Fowler: Yes.
Norton: Have you talked to that person about when the children would be
outside?
Fowler: Yes. We talked about it.
Norton: Okay.
Fowler: And we are having --
Norton: How did that person feel?
Fowler: Not very good about it.
Norton: Okay. All right. Then I just have -- we have several letters from
neighbors. You are -- you want a day care -- obviously, it's a day care, but it
may be preschool between certain ages?
Fowler: Yes.
Norton: Three and five years?
Fowler: Three and five years old.
Norton: And approximately how much do you charge a person for full-time day
care?
Fowler: A hundred a week.
Meridian Planning and Zc Commission Meeting
September 20, 2001
Pg. 30
Norton: A hundred a week?
Fowler: Yes.
Norton: Okay. Thank you.
Fowler: Thank you. Any other questions?
Nary: Mr. Chairman.
Borup: Commissioner Nary.
Nary: Just so I understand, ma'am. This application is for one to five children,
not six to 12?
Fowler: Correct. I have to come back to finish my other one.
Nary: Okay. So all we would be looking at tonight is whether or not you would
be able to have one to five children, not --
Fowler: Exactly.
Nary: Okay. And is that viable for you to have one to five children or are we
wasting our time?
Fowler: Well, we are wasting our time. I need six to 12.
Nary: Okay. So you really want us to think on whether or not we want to have
12 children at this residence?
Fowler: That would be nice. Yes.
Nary: Okay. So if we really can't get there today, that we should deny it?
Because this one to five is of no value to you at all.
Fowler: I'd much rather you approve it, so I can purchase the home and then I
can go for the six to 12. But I cannot afford my bills with one to five, because my
self-employment insurance -- I mean taxes are one-third of what I make.
Nary: Now my assumption, ma'am, is that what you're operating -- my
recollection was -- and Commissioner Norton can correct me -- is that the state
required that you have a license if you have seven children or more. Do you
know if that's true or not?
Fowler: I've never applied for the state. I have only applied for Boise City before.
This is my first time applying for one.
Meridian Planning and Zoe Commission Meeting
September 20, 2001
Pg. 31
Nary: Okay. You had a license in Boise City?
Fowler: Yes. I had one. A couple of different times.
Nary: And I think that's a requirement by the state that if you have more than
seven children. So you don't know if you're going to be able to do this yet,
because if you don't have a state license you can't have seven children or more.
Mrs. Fowler: So you're saying not only do I need to pass tonight, I need to go to
the state and apply for —
Nary: I believe you do. I mean I don't know, but --
Fowler: Or Ada county?
Nary: -- I believe you do. I believe you have to have a State License before you
can have more than seven children.
Fowler: Okay. I have never heard of that, so I'll check into --
Nary: And the only reason I know that is because we have had other testimony
from other day care operations that said the same thing, that they were required
to have a state license.
Fowler: Was that for more than 12 children?
Nary: For more than seven.
Fowler: For more than seven. Okay.
Nary: What type of -- how much traffic -- I mean -- let me back up. The kind of
day care that you operate now -- is that right? Do you operate one in Boise
now?
Fowler: No. I have. I have in my last home.
Nary: And how many children did you have at that?
Fowler: You know it was a lot of drop -ins, so I don't know. Probably maybe eight
at the most.
Nary: And how much traffic did that generate?
Fowler: Well, not more than 16 different drives every day. Double, you know.
n �
Meridian Planning and Zo, Commission Meeting
September 20, 2001
Pg. 32
Nary: So you plan on living in this residence, I assume?
Fowler: Yes.
Nary: I heard you say that one of the neighbors had asked about night --
watching the kids. Are you talking about --
Fowler: No.
Nary: -- doing it as a day-care function?
Fowler: Actually, he was asking if I could watch his triplets, who are babies, and
I let him know that I'm not doing babies, but we could watch them at night if he
wants to go on a date or something. Not as a business. Just as a --
Nary: Just as a favor. Okay. So this business would only be operating 7:00 to
6:00? Something like that?
Fowler: 7:00 to 6:00. Correct.
Nary: Okay.
Fowler: And the traffic would come anywhere between 7:00 and 9:00 in the
morning and anytime between 4:00 and 6:00 in the evening.
Nary: Okay.
Fowler: It's certainly not all at once, but if there is there are 12 cars at once. The
pad on my property had five parking spots in the front and then it's on a corner,
so they can park around the corner if they need to. The two on the left where it
says car, there is two that can fit deep on both of those and then that's -- so the
driveway is kind of -- I didn't draw it good enough, but, anyway, there is about five
that can fit around and then there is five that can fit in the driveway at any given
time.
Nary: Thank you.
Fowler: Okay. Thank you.
Borup: Any other -- okay. Okay. Do we have anyone else that would like to
testify on this application? If you will come forward.
Rigenhagen: Good evening, Council members. I'm Kim Rigenhagen and I live
at 2613 North Caribou Way. It is the house right next door to where she is
wanting to put this day care. I'd first like to state that my husband and I do not
approve of the idea of a commercial business operating within our neighborhood,
Meridian Planning and Zc Commission Meeting /0111
September 20, 2001
Pg. 33
much less next door to our home. The application being considered is for a day
care that is to host five or fewer children. If this passes, the applicant Mary
Fowler has the intention of hosting six to 12 children as noted in her letter that
she distributed to the immediate neighbors of the property. We submitted a letter
of objection to the proposal after receiving application notice from the city. In
addition to what we stated in that letter, we feel that such an operation is just not
feasible within our neighborhood for the following reasons: No. 1 we have lived
in our home for over six years and during that period of time we have seen the
amount of traffic multiply greatly. Our street is a feeder street to the adjoining
neighborhoods. We feel that the traffic levels as they are at present a condition
as bordering intolerable. If this day care were allowed to begin operating it would
generate at least over 20 more trips in and out of our neighborhood a day. Many
drivers that travel our street do so at a rate of speed over the limit. We feel that
this presents an unsafe condition to operate a day care with so many children
nearby. Our neighbor that presently lives at 962 East Cougar has mentioned to
us in the past that she has witnessed cars cutting the corner from Caribou to
Cougar and traveling up onto the curb. There have been several policemen
ticketing drivers in this area for speeding, running stop signs, etc. We are very
concerned for the safety of the children that would be in this facility on a daily
basis. No. 3 there is several recently retired couples -- there are several retired
couples in our neighborhood and those individuals enjoy things as they are at the
present time. The increase in traffic and noise would be bothersome to those
who are at home during the day, including those who work nights and try to sleep
during the day. No. 4 the close proximity between our houses would present
increased noise levels during the day. We live close enough to a school and
already have enough noise during the daytime hours. I have presented to you a
signed petition, which you received that today. With 54 signatures of those who
object to this application. The majority of the signatures are people that live very
near to the proposed site, but all who signed are homeowners or reside within
Hunter Point. And you will -- I just wanted to stay that I talked with 58 homes and
out of 58 homes 54 people signed that -- this petition. If I were to go through the
whole neighborhood I bet I would get a majority of those people to sign that.
People just are really tired of the traffic. And, finally, we feel that a full-time
preschool facility should be located within a commercially zoned area for all
these reasons. I appreciate your time and hope that you consider your decision
very carefully. It will make a great impact upon our neighborhood if you allow this
to proceed any further. Thank you.
Borup: Any questions for -- I guess not. Thank you
Rigenhagen: Council members my name is Monte Rigenhagen. I also live at
2613 North Caribou. I apologize if I repeat any of the same points that are going
to be brought up tonight. That having been said, please allow me to voice my
sentiments of why I also stand opposed to this request. I'd like to place special
emphasis on the petition that my wife just mentioned that's been signed by so
many in our community. These people feel that it would affect their homes by
Meridian Planning and Zc Commission Meeting
September 20, 2001
Pg. 34
both increased traffic and decreased property values. A comment made by one
of these homeowners is that our detailed covenants even prohibit construction of
a vinyl fence. Why, then, would it be okay to operate such a business in our
neighborhood? Many of the people chose to reside in a neighborhood with
covenants, as it insures that everyone living within the community adheres to
pre -determined regulations. This helps to keep property values at their highest
and presents fewer misunderstandings or disagreements between those living
within the area. The proposed day care would detract from the spirit within our
community since it's obvious that so many are in objection to this proposal.
Mary didn't introduce herself to us and she introduced someone who she said
was her realtor -- at least the person said she was, that's brokering this
proposed sale of the home in question. Her response to my implication of
decreased property values was to compare a day care to a swimming pool.
Some people don't want one next door and some do. The logic behind this
comparison still escapes me. And the short time it took to gather the names on
the petition, my belief is that most people -- and certainly those that we talked to
within Hunter Point, would not live next to an operating day care facility of this
size if given a choice. When my wife and I sought out our home over six years
ago, our vision was one of within a neighborhood of single-family homes with the
normal amount of traffic, children, and noise. I was shocked to learn about this
proposal, even more surprised to discover that such a business was not
specifically prohibited by our covenants. Our homes are our single largest
investment. This should be a place of tranquility, security, comfort, and reward
for our labor. Many of my neighbors are of the same mind set. The actions of
someone new to the neighborhood should not so drastically impact all those
around them. I feel the positions of the existing homeowners regarding this
matter should be given a great deal gravity in your consideration. The opinions I
have mentioned are shared by all here tonight that stand against this proposal.
Had the neighborhood been polled beforehand, the reaction would have been
obvious and the accompanying aggravation could have been avoided. It's not a
matter of whether or not we can lend the neighbors some patience and
inconvenience for a day. The conditions would exist every day, every weekday,
every week, all year long. Thank's for your time and consideration.
Borup: Thank you. I do have a quick question. Your letter stated that you
understood that there are at least two existing day cares in the neighborhood.
Are you familiar with where those are located or is that just something you have
heard?
Rigenhagen: That's just something my wife had heard and I know they are not
licensed or -- they had not gone through the procedures that Mary has tried to.
Borup: So apparently they are --
Rigenhagen: They are not official. I mean but they are in existence, from what I
understand on --
� n
Meridian Planning and Zc Commission Meeting
September 20, 2001
Pg. 35
Borup: But they are off Cougar? Same street?
Rigenhagen: Is that correct?
Borup: I would just --
Rigenhagen: On Wolverine.
Borup: And the reason I asked is it's -- apparently it's pretty inconspicuous in
not even knowing where it's at. That's why.
Rigenhagen: That's true. And from what I understand they are both smaller --
I'm sorry. From what I understand they are both smaller day cares.
Borup: Okay. That's what I was --
Rigenhagen: Four or less children. I don't think I would be here tonight if that
was the case. And up to 12 kids is an entirely different picture.
Borup: Okay. Thank you.
Rigenhagen: I would also like to say that we are not questioning her
qualifications whatsoever, I'm sure she's more than capable of doing something
like this. I do want to say that, you know, she requested that you consider the
zero to five so she could move in. Well, she's already stated to you as well that
she needs up to 12 to pay her bills. So once she's moved in it's going to be
much more difficult for this to be denied, obviously. I did also want to comment
the map that was on there with the cars that were drawn in, there is no stop sign
when you turn off of Cougar onto Caribou. I think there really should be. If all
the spots that are marked were filled up with cars it would even be harder to pull
out onto that street and present an even more dangerous situation.
Borup: For the cars to drive through?
Rigenhagen: For the cars. Absolutely.
Borup: Thank you.
Crandall: Good evening. My name is David Crandall and I live at 858 East
Cougar Court, which is about three homes to the west of this proposal. Some of
the comments I was going to make tonight I think I have heard reinforced tonight,
but there is an intent here to do this in stages and first get permission for one to
five and then go on to get 12 people -- 12 children in this home. Hunter's Point is
an association of 290 homes that's governed by covenants. The covenants are
vigorously enforced and I think the people that live in this association like the
Meridian Planning and Zo, Commission Meeting
September 20, 2001
Pg. 36
neighborhood, they like the covenants, they like the fact as it stands in the
neighborhood and that it is residential purposes. This clearly goes against those
intents, because it's clear from what she has said tonight that this is a business,
that the only way that she can purchase this home is if she has up to 12 children
in it that will pay the bills, and I don't think that a precedent should not set in our
community of allowing a business like this to come in. I think it would degrade
the value of the neighbor in general and I worry about the long-term impact to the
neighborhood as far noise, unsightliness, and the traffic condition. I have also
driven the road -- the access roads that she mentions tonight. She has indicated
in her application that there would be minimum impact to the neighborhood. It's
probably one of the worst locations that she could pick, because it's dead center
of four other subdivisions. It's half a mile from Locust Grove, 7/10ths of a mile
from Ustick, 8/10ths of a mile from Meridian Road, and it's over a mile to get
down to Fairview. She would have to -- people who would access this home
would either be coming in through Hunter's Point, Gem Park, Bedford Place, and
it's Fartherton or -- it's not just impacting us, it's going to impact three surrounding
neighborhood associations as well. It's virtually in the center of a large block. It
would have impact in traffic on four subdivisions in total and I would hope that
you would not approve this.
Borup: Thank you. Any questions?
Nary: Mr. Chairman? But if the people -- the children that stay there came from
the surrounding neighbors it wouldn't impact it at all, would it?
Crandall: If it were two or three. There is still the impact of the traffic at crossing
roads without stop signs. As is indicated that intersection is -- and I want to
make a comment, too, it is a very busy intersection. People that are going either
up to Ustick or over to Meridian Road zoom through there. You don't have stop
signs and you don't have crosswalks. If people in the neighborhood only use the
home they would be crossing streets at busy times in the morning when people
are going to work or busy times in the evening when people are coming home. I
think there is a substantial danger, even if it's foot traffic.
Nary: You do understand, though, sir, that that's the Highway District's --
Crandall: Yes.
Nary: It's not ours.
Crandall: But we are looking at it from a homeowner's safety issue and I think
it's --
Nary: Safety of whom, sir?
1.0"N n
Meridian Planning and Zo, Commission Meeting
September 20, 2001
Pg. 37
Crandall: Safety of the children who would be trying to walk the streets to get to
that home.
Nary: Aren't there children in that neighborhood now that walk on the sidewalk?
Crandall: They go down to Chief Joseph Elementary and there is quite a bit of
traffic going down there and it is quite a worry.
Nary: But there are children walking around the neighborhood now?
Crandall: Yes. Yes.
Nary: I mean whether or not -- whether or not there is more children caused by
this -- I mean there is no -- this doesn't raise the risk to children walking in the
street; right?
Crandall: We think it does if they are going to have foot traffic coming to that
home.
Nary: But these are small children, accompanied by adults.
Crandall: They would have to be accompanied by adults. They -would -have to
be accompanied by adults and you just said would they be walking to it?
Nary: No, I didn't say that. I said if they came from the surrounding
neighborhood. I didn't say they would necessarily all would walk there.
Crandall: Okay.
Nary: But I mean there is no greater foot traffic caused by this house, other than
the volume of children that are going to be there.
Crandall: Correct. Correct.
Nary: And it is a fenced yard. I mean they are not going to be --
Crandall: Fenced backyard.
Nary: But you're not going to have two -year-olds playing out in the front yard
much, are you?
Crandall: I hope not.
Nary: But other people that live on that street may have two -year-olds playing in
their front yard; correct?
Meridian Planning and Zo. Commission Meeting
September 20, 2001
Pg. 38
Crandall: Yes. Yes.
Nary: Okay. Thank you.
Borup: Thank you.
Deboer: Good evening, Council and Commissioners. I am James Eric Deboer.
I live at 2499 North Lark Avenue. Would it be possible to get a picture of the map
back up, please, the one that -- yes. Thank you. With your permission I'd like to
walk away from the podium. I will speak loudly enough so you can hear me.
This area here was North Caribou and East Meadowgrass, along with this small
corridor here, all these streets have no painted stripes or anything like this, and it
is obviously a residential area. The intended site where this -- Mary would like to
place her child care has a relatively small backyard compared to some of the
other houses in the district. There are also several people who live at -- or who
work at Micron who live in this area, several people who have to work at night for
their livelihood. Daytime it would create significant more noise for these people
to try to sleep through. If you really -- the picture that they have in here doesn't
give it justice, because the backyard is relatively small and pretty close to their
neighbors. Also I do fear -- I have two children myself and we could use a day
care, but there is available day care and it's within the City of Meridian and also I
wouldn't want to put my children in this type of environment, because I believe
that they would be in danger and I don't want to do that to the children, because I
don't know how aware the parents are that when you use it, it would be that. So I
personally am stating that I would not -- I'm asking you to disapprove her
application for this particular day care at this location.
Borup: Any other questions?
Shreeve: Yes.
Borup: Commissioner Shreeve.
Shreeve: I have got a question. You indicated that you would like to -- or that
you would use or like to use a day care. What type of a day care would you
prefer? I should say expound a little bit further on --
Deboer: Personally for the homeowners, which of one I am one, I live right
around the corner of Grouse there. I wouldn't want one -- I'm not looking for
increased traffic in my neighborhood, the traffic right now is pretty bad, and it's
about four times normal now, even, because Locust Grove is all tore up. So it's
very dangerous for the children. I don't let my children out of my sight in the front
yard, because it's so bad there. But if I were to place my kids -- currently I don't
plan it necessary to have to put them in there, but in the near future I probably
will. I would take them to one of the places like the Pettit's on Franklin, because
it is in a commercial zone, it is a more suitable location for children, they have the
Meridian Planning and Zo. , Commission Meeting
September 20, 2001
Pg. 39
permits, they have the state requirements met and they are watched more
closely than this particular place. Like I said, I don't want to add any increased
traffic.
Shreeve: Let me just ask you just a hypothetical question. Of course, this is on
a corner, but if one of those lots were mid block, say on Caribou and down a few
lots, would that pose -- would you still be against it, I should say?
Deboer: Depending on where it's at, I may or may not be against it. I personally
don't think it's a very good idea to have that. This is America, she can apply for
it, and that's what we are all here for tonight, but particularly in this case that
particular lot is -- as stated before, probably is one of the worst lots to put one at,
due to the fact of the high traffic on Lark -- I'll speak again louder. The high traffic
on Lark and Grouse, Caribou, Meadowgrass, plus you have traffic coming from --
which is Ustick down this way, Arrow Wood, and then Lark and then basically
they do one of these -- most of the public will do one of these type of maneuvers
and it takes them right passed that house. And that house has a lot of traffic by
it.
Nary: Mr. Chairman.
Borup: Commissioner Nary.
Nary: Sir, would you say -- so just so I understand your position, if this was only
a one to five day care you don't think it's even appropriate anyway? Is that what I
understand you to --
Deboer: My personal opinion is, yes, I don't believe it's appropriate. I don't --
this -- like I stated, I believe that's probably -- out of the entire Hunter Point
Subdivision the worst place you could put a day care.
Nary: Well, unless you were taking your child there and it's a lot easier to get
there than somebody --
Deboer: If that day care was there and it was available to me, convenience
would be the best for that day care to be there. But I'm telling you if that day
care was established and I were to use day care, I would not use that lot as a
day care, just because of the increased traffic and the safety concerns. I don't
believe that -- like the one hand drawn drawing shows cars here. I'm very
familiar with this street. I visit friends on this street all the time. It's very, very
rarely is there ever any cars parked at these two locations right here. With cars
parked here and cars parked here, if it were ever to occur -- and it would
probably occur during a home care type environment, any cars that are coming
down this traverse here where there is no stop sign, would have a blocked view
of any traffic coming, which is a very busy street from Caribou here. So you're
adding risk not only to the drivers, but also any children who want to cross the
n
Meridian Planning and Zoe Commission Meeting
September 20, 2001
Pg. 40
street here, especially children who might pop out from in front of a car or from
behind a car.
Nary: But, again, like the last gentleman here, you understand that's the
Highway District that would deal with that.
Deboer: I understand that. But in the interest of the safety of the personnel and
the interest of the safety of the people in Hunter Point, which is all who we
bought our homes for -- from, you know, the subdivision we belong to, that's why
I'm stating my opinion.
Nary: Okay.
Deboer: Thank you.
Nary: Mr. Chairman. I know we have some other people to hear from, but I was
looking through the tables here and I was going to ask Steve a question. It would
appear to me that this one to five day care that's the current application before
us, under our accessory use definition of 11-2-2 and then what's defined in our
code under child care facility, this would be a family child care home. That's in
the definition section. That says provides for care of five or fewer children.
Siddoway: That's correct.
Nary: And then the next one, group child home, six to 12. And if I look at our
tables under the land use section for 11-8-1, in a residential zone of R-8 for this
group childcare home to be allowed when we get there, that requires a
Conditional Use Permit.
Siddoway: And we have one in now.
Nary: And that's what's already been applied for?
Siddoway: Yeah. Has it deemed complete?
Fowler: No. Have one more --
Borup: She said that would take too long.
Nary: Right. So --
Siddoway: We have an incomplete application at this point.
Nary: Okay. Okay.
Meridian Planning and Zoe _ Commission Meeting
September 20, 2001
Pg. 41
Norton: Steve, I have a question. If she wants up to 12 kiddies, why did the
staff say go for one to five and then go for six to 12? Because it's very apparent
she wants 12. So why did staff recommend she does a two-step process?
Siddoway: I don't know. I'd defer to Mary. She has had the conversation with
staff. It wasn't with me.
Norton: Okay. Thank you. Because it's obvious to anybody now she wants 12,
so this -- I think we are wasting our time tonight.
Shreeve: It's hard to decide on five, this application, when you know somewhere
down the road it's going to be 12. So you really --
Nary: And, again, I -- you know, just so these folks understand, I mean I know
there is a lot of people that want to talk, but I think that's the reason our
ordinance is written this way, because a day care facility that has less than five
children is what our Accessory Use Permit allows for, because even as some of
the testimony was, most of those you can't even tell they are there. They don't
have signage, you know, there is no tremendous impact on your neighborhood
with that type of thing. But that's why the other requires a conditional use, but I
guess I agree with Commissioner Norton, although I certainly want to hear the
other people speak as well, but if -- as I think the applicant stated, if we aren't
going to look forward and say 12 is probably going to work, we are wasting our
time tonight. This is a waste of our time, as well as yours, because I wouldn't
have a problem with one to five. I think that's reasonable. I don't think there is
anything wrong with that. I think that's exactly what neighborhoods can provide
to people to have that type of facility. But six to 12 in the middle of a
neighborhood, boy, that's not that -- you have got 54 people that have already
said that's not a compatible use. That makes it awful tough. So I guess I'm in
the same quandary as the other Commissioners, but I wouldn't have a problem
with one to five, but I think I heard her say that if we aren't going to approve 12,
then why bother. So I'm not sure what we should do with it tonight. I don't think
this lady should be here. I think you should have waited until you had your
conditional use application and made a decision then. But this doesn't seem to
make much sense to me.
Norton: I wondered if there is anybody else that wanted to come up and testify
before we closed the Public Hearing
Borup: Just a second, please. Just a second, ma'am. We have got a couple
more questions from staff. The reason for the hearing is just because there
were written objections, is that --
Siddoway: The reason for the hearing is that there were written objections.
Meridian Planning and Zo.. Commission Meeting
September 20, 2001
Pg. 42
Borup: Is that stated in the ordinance? If you look at the same chart that
Commission Nary just talked about, it says it's permitted in an accessory use. Is
that to say it's a conditional use for -- is there some clarification on that? That's
on the -- that's on the one through five. Now on the -- up to 12 it says Conditional
Use.
Siddoway: Mr. Chairman, 11-9-4 F. This is under accessory use provisions. 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.
Borup: Okay. That's why I just wanted clarification. Thank you. Now do we
have anyone else that wants to come forward?
Cox: My name is Gale Cox I live at 1223 East Hunter Drive. I have known Mary
for three years and when she said she was going to purchase a home in our
neighborhood and wanted to put a day care in it, I thought it was a good idea.
My house backs up against Chief Joseph Elementary School. It is a family
neighborhood. There are a lot of children in the neighborhood and I know there
are several day cares in the neighborhood that are not licensed. As a mother I
would much rather have a licensed day care that is regulated by the state in the
neighborhood than children just going to homes that aren't licensed, for one.
Two, she is targeting families in the neighborhood for day care and preschool
and in that way there would not be a big increase in traffic, as I see it. I get a lot
of traffic by my house, because my house is right on the corner and it's two doors
down from the inlet to Chief Joseph Elementary School. There are probably 20 --
at least 20 cars every morning and every afternoon around the corner of my
house and, to be honest, I have decided that that's okay, because I would much
rather have responsible parents picking up their children than just letting them
run loose in the neighborhood. I think that's a good location, because if children
want to they can safely walk to Mary Fowler's house for day care after school.
There are crosswalks and I just think it would -- I think it would be an asset to the
neighborhood, the children that live in that neighborhood to have a safe, licensed
day care that they could attend. On the noise level, I mean that's a larger house,
who's not saying that somebody couldn't move in that house that had ten kids, a
lot of them teenagers, and have a car each, six or seven cars, and they would
park all over the place anyway. I would much rather have young preschool
children, they are not -- they are not as loud, they are not going to be coming in
and out late at night, they are going to be leaving and going to their own homes,
you know, between 4:00 and 6:00. Also all those cars wouldn't be there at once.
Not all parents bring their children exactly at the same time and leave exactly at
the same time. So I would think very rarely that all those cars would be there.
Most of the time they would just be able to pull up into Mary's driveway pick up
their children, it would probably take five minutes to drop them off, if that, and five
minutes to pick them up afterwards. And I really don't see a big impact in the
neighborhood. She -- it's not just like she's baby-sitting and the children would
Meridian Planning and Zoe , Commission Meeting
September 20, 2001
Pg. 43
be running around playing all over the neighborhood. She is doing preschool,
which would be run like a school, and those children would be in a structured
environment inside most of the day. The playtime that she has scheduled is after
school when the elementary school kids are out anyway and playing. So I see it
as an asset to our neighborhood and also with the traffic I think the people -- a lot
of people are frustrated right now anyway with the traffic situation with Locust
Grove all being torn up and so that's on their nerves a little bit and that won't be
that way forever.
Borup: Thank you.
Norton: Mrs. Cox?
Cox: Yes.
Norton. We are not questioning Mary Fowler's experience as a teacher.
Cox: I understand that.
Norton: Back in 1986 when our first Day Care Licensing Law was put on the
books I was co-chair of a 40 organizational coalition that worked with then State
Senator Crapo and we got the first Day Care Licensing Law passed for the State
of Idaho. The City of Boise has a day care licensing law. Meridian does not
have a Day Care Licensing Law. What Mrs. Fowler is coming here for is a
Conditional Use -- or if she wants the 12 she has to come before us for a
Conditional Use Permit, not a license. Ada County has a license and the state
has a license, so if she wants a day care she can be licensed. But when you say
the City of Meridian licensing, it's on -- it's an ordinance that we need to pass.
We did have a draft of a license, but we don't have one at this time.
Cox: All right. I understand that. But she would be licensed by the state, too.
She would have to be --
Norton: Yes.
Cox: And I think that would be --
Norton: A necessity.
Cox: I think that would be an asset instead of having just people baby-sit that
really isn't licensed.
Norton: Thank you.
Borup: Do we have someone else?
Meridian Planning and Zo. , Commission Meeting
September 20, 2001
Pg. 44
Gore: Mr. Chairman, Members of the Committee, my name is Margo Gore. I
live at 2633 North Goldeneye Way in Hunter Point and I represent the
architectural control committee for the Hunter Point Homeowners Association.
Most of my comments will speak forward to the future should Mrs. Fowler apply
or a permit for six to 12 children. If a requirement should ever come up or the
need should arise for her to fence in her front yard, we specifically require only
dog-eared cedar fences and since she is on a corner lot, that fence could not be
more than three feet high. Furthermore, any fence that she wanted to install
would have to go through our architectural control committee. Mostly my
concern is that she is going to attempt to purchase this home based on watching
five children and then be in a financial bind if she cannot get her Conditional Use
Permit to accept six to 12. The board of directors for the Hunter Point
Homeowners Association Board will fight any request for a Conditional Use
Permit of this type. Do you have any questions?
Borup: Thank you. Anyone else?
Hall: Good evening. My name is Denice Hall. My address is 2582 North
Caribou, right across the street. Everyone's touched on everything that needs to
be said. I just want to reinforce the fact that property values could and very well
will go down if a day care is put in. Had we known that this could happen we
would never have purchased our home in this subdivision across the street from
a day care. Everyone keeps talking about the traffic situation being someone
else's problem. That traffic situation is going to be her problem if those children
are hurt. There is no stop sign at that intersection. So I want to make it very
clear that my husband and I are very much opposed to this day care and we
certainly hope that you vote it down. Thank you.
Borup: Thank you.
Ramirez: My name is Jon Ramirez. I live at 892 East Cougar, which is, oh,
about two houses down from the proposed site. And my only real concern --
everyone else has voiced their concerns on what's going to happen with traffic,
all these kinds of things, and the one to five kids and the six to 12 kids. It seems
me that one to five kids would be like a -- more of a day care situation and she
peaks more of a school, a preschool type thing, which to me is more of a
business. And in our subdivision we don't -- it's more of a family area, not a
business type area, and I just feel that it has no place in our subdivision. That's
about it.
Borup: Thank you. Do we have anyone else that has anything new they'd like
to add? Okay. Any final comments from the applicant? Mary, did you have any
final comments you'd like to make?
Fowler: No, I don't.
/'-1
Meridian Planning and Zo, , Commission Meeting
September 20, 2001
Pg. 45
Borup: Okay. Commissioners, any discussion?
Norton: Mr. Chairman, I'd like to close the Public Hearing
Nary: Second.
Borup: Motion second to close the Public Hearing. All in favor?
MOTION CARRIED: THREE AYES, ONE ABSENT
Borup: Would you like some discussion first or does someone want to --
Shreeve: Well, I'd like to just make a comment. First of all, to tell Mrs. Fowler
that her integrity from the standpoint of up front, saying this is where I'm headed,
even though for whatever reasons you pursued a two-step process, but knowing
what your final step and what needs to be, I think that that is very well
commendable and appreciated, because we know that from the very beginning.
But with that said, knowing that in the end I -- I just, I guess simply put, don't see
that it's something that would fit in this neighborhood and I think I would look to
decline this application based on the future. Now the application, I guess, in and
of itself -- again, I guess I don't have a problem with that either, but, again,
looking at the end, I certainly would hate to have you get into something and then
be under a financial burden in the future.
Nary: Mr. Chairman.
Borup: Commissioner Nary.
Nary: Yes. I guess I'm going to probably just repeat myself. You know, if this
is all we were looking at was an accessory use of one to five, I wouldn't have
any problem with it and at least from what I hear from a lot of these folks, they
probably wouldn't either. But that is what our ordinance contemplates for
accessory use is something that doesn't change the character of the
neighborhood. It's not a significant impact on the people that are there. And a
one to five day care is not. That's fine. I think that's exactly what neighbors
should be able to deal with. But a six to 12 is pretty significant and there is a
reason it's a conditional use and the concerns I have in looking at the ordinance
on the conditional uses, I can understand why the neighbors comments were that
it's going to be harder to want to deny it, because this lady will have bought this
house and is living there. Honestly, it wouldn't be hard for me. There is nothing
in this ordinance that says a financial hardship of the applicant is a reason to
grant it. And so since that was what was placed on the table, that, really, all what
your objective is, is a six to 12 day care and if one to five is only just a preliminary
step, I can't see a reason to still persist with it. I think we would be wasting Mrs.
Fowler's time, and just as well as the neighbors.
Meridian Planning and Zr, , Commission Meeting
September 20, 2001
Pg. 46
Norton: Just one final comment is that perhaps Mrs. Fowler may want to buy a
less expensive home and apply the money toward a commercial establishment
and do your preschool there. You know, there are very fine preschools that
people would love to go to in a commercial -- and that's a pretty spendy home.
So if you need to make enough money -- I have been doing a lot of figures here
how much you need to make in order to make your payment on your mortgage,
plus your expenses, and you need 12 people, so with that I would like to make a
motion.
Shreeve: Before you do, just one quick comment, that we don't want to run you
off to Boise, though, but --
Borup: We have closed the Public Hearing.
Norton: Okay. I'd like to move to deny Public Hearing AUP 01-012, a proposed
family day care, five or fewer children, by Mary Fowler.
Shreeve: I will second that.
Borup: Motion and second. Any other discussion? All in favor?
MOTION CARRIED: THREE AYES, ONE ABSENT
Borup: Thank you, everyone. Good luck, Mary. Commissioners are we --
would you like to proceed or would you like a short break? Okay. We'll take a
short break at this time and reconvene for the -- our last two hearings.
(Reconvene at 9:12 P.M.)
Item 7. AZ 00-019 Request for annexation and zoning of 100.71 acres
from RUT to R-4 zones for Revised Cedar Springs by Kevin
Howell Development — northwest of North Meridian Road and West
Ustick Road:
Item 8. PP 00-018 Request for Preliminary Plat approval of 264 building
lots and 31 other lots on 99.82 acres in an R-4 zone for Revised
Cedar Springs by Kevin Howell Development — northwest of North
Meridian Road and West Ustick Road:
Borup: We'd like to reconvene our Public Hearing this evening. Start with Item
No. 7, AZ 00-019, request for annexation and zoning of 100.71 acres from RUT
to R-4 for the Revised Cedar Springs by Kevin Howell Development. And the
adjoining application of this is PP 00-018, request for Preliminary Plat approval of
264 building lots and 31 other lots on the same property. I'd like to open both
these Public Hearings and start with the staff report.
September 17, 2001
AUP 01-012
MERIDIAN PLANNING & ZONING MEETING September 20, 2001
APPLICANT Mary C. Fowler ITEM NO. 6
REQUEST Public Hearing — Request for an Assessory Use Permit for the operation of a Family
Day Care for five or fewer children in an R-8 zone for Mary C. Fowler — 962 East Cougar Street
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
No Comment
CITY FIRE DEPT:
See attached comments
CITY BUILDING DEPT:
CITY WATER DEPT:
"No Remarks"
CITY SEWER DEPT:
"No Comment"
SANITARY SERVICE:
See attached comments
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
See attached comments
NAMPA MERIDIAN IRRIGATION:
No Comment
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
OTHER:
Contacted: Date: Phone:
Materials presented at public meetings shall become property of the City of Meridian.
I/
_ - ..-
--- .4 I9 Ie -V,! vG;-,V AVL.
(No VAR. VAC, FP)__
Bill Nary, P2 (No vAR vRc FP)
F
MAYOR
NUB OF TREASURE VALLEY/
Ada County Highway District
Cornrnunrty Planning Assoc,
Robert D. Comic
A Good Place to Live
LEGAL DEP.QtTMENr
CrrY COUNCIL
CITY OF MERIDIAN
(_08)
MENiBERS
Idaho Power Co. (FP/PP only)U.S.
Cherie McCandless, CIC
Ron Anderson
33 EAST IDAHO
PUBIC ORKS8-2501
BUILDING DEPARTMENT
Kcidt Bird
MERIDIAN. IDAHO 83642
(208) 387-2'-11 • Fix 887.1297
Tammv deweerd
(203) S83-4433 - Fax (208) 837-4813
PLANNING AND ZONING
Cherie -McCandless
City Clerk Office Far (208) 888-1218
DEPAM.--ENT
(203) 384-53:3 • Fax 388.6834
TRANSMITTALS 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
and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office
Attn: Will Berg, City Cleric, by. Member 13, 2001
Transmittal Date: August 22.2001 Hearing Date: September 20, 2001
File No.: AUP 01-012
Request Aasessory Use Pettit for the operation of a FamilyDay Care for five or -
fewer children Tin R-8 zone for Mary C. Fowler
By: MaryC. Fowler
Location of Property or Project:
962 East Cougar Street
Sally Norton, P/Z (No VAR, VAC, FP)
Jerry Centers, P2
Meridian School Disuict (No FP)
(No VAR. VAC, FP)__
Bill Nary, P2 (No vAR vRc FP)
F
Meridian Post Office (FP/PP ony)
Kevan Shrerwe, P/Z (No v, vAc. FP)
Ada County Highway District
Cornrnunrty Planning Assoc,
Keith 8on1p, PI1 (rib VAR, VAC FP) --
Robert Corrie, Mayor
Central District Health
Ron Anderson,
Nampa Meridian Irrlg. District
�_
Tammy deweerd, CIC
SetUers Irrigation District
Keith Bird, C/C
Idaho Power Co. (FP/PP only)U.S.
Cherie McCandless, CIC
West (FP/PP only)
Intermountain Gas
Water Department __
Department
(FprPp0,*)
Bureau of Reclamation (FPiPP ony)
=SaniSewer
Bonita Service
tary (No VAR YAC, FP)
Idaho Transportation Department (ft FP)
Building Department Your Concise Remarks:
Ada County (Annexation 0*)
cAL
Fire Department
Police Department
.
City Attorney 00,
City Engineer
City Planner
Parks Department rAwftrmwomw
K.v ra.td rrmpp.n vmv„c, 30 arse
RECEIVED
SEP 0 5 90,111
City of Meridian
City Clerk Office
SEP 05 '01 12:41
2088885052 por;: raj
cO
CENTRALCENTro"AL DISTRICT HEALTH DE'�RTMENT
DISTRICT"HEALTH Environmental Health Division Return to:
DEPARTMENT ECEIVED ❑ Boise
AUG 2 9 2001 ❑ Eagle
Rezone # ❑ Garden City
Conditional Use # Z .0 Zeridian
Preliminary / Final / Short Plat m FOAXW ❑ Kuna
/ /'� �� � � 0 ACZ
�`— ❑ Star
❑ 1. 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 ❑ waste flow characteristics
❑ or bedrock from original grade ❑ other
❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
❑ 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. Run-off is not to create a mosquito breeding problem.
❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State
Sewage Regulations.
❑ 13. 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
X4. <!"c r'o #/J Date: Z1,i:2 2I 6V
u l�c�u-cis rP • �� . b<� Reviewed By:
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TRANSMITTALS 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
and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office
Attn: Will Berg, City Clerk, by: September 13, 2001
Transmittal Date: August 22, 2001 Hearing Date: September 20, 2001
File No.: AUP 01-012
Request: Assessory Use Permit for the operation of a Family Day Care for five or -
fewer children in an R-8 zone for Mary C. Fowler
By: Mary C. Fowler
Location of Property or Project: 962 East Cougar Street
Sally Norton, P/Z (No VAR, VAC, Fp)
Jerry Centers, .P2 (No VAR, vAc, Fp)
Bill Nary, P/Z (No VAR, VAC, FP)
Keven Shreeve, P/Z (No vAR, vAc, Fp)
Keith Borup, P/Z (No VAR, VAC, FP)
Robert Come, Mayor
Ron Anderson, C/C
Tammy deWeerd, C/C
Keith Bird, C/C
Cherie McCandless, C/C
Water Department
Sewer Department
Sanitary Service (No VAR, vac, FP)
Building Department Your Concise Remarks:
Fire Department
Police Department
City Attorney
City Engineer
L/" Planner
Parks Department (R"kF.,,w on7yj
AZ - 27 FP - 24 PPIPFP - 26 VARNAC - 20 CUP - 26
Meridian School District (No Fp)
Meridian Post Office (Fp/Pp only)
Ada County Highway District
Community Planning Assoc.
Central District Health
Nampa Meridian Irrig. District
Settlers Irrigation District
Idaho Power Co. (Fp/Pp ony)
U.S. West (FP/Pp only)
Intermountain Gas (FPrPPonly)
Bureau of Reclamation (Fp/Pp ony)
Idaho Transportation Department (No Fp)
Ada County (Annexation ony)
0-� Y NUB OF TREASURE VALLEY,.,
MAYOR
Robert D. Corrie
A Good Place to Live
LEGAL DEPARTMENT
(208) 288-2499 • Fax 288-2501
CITY OF MERIDIAN
CITY COUNCIL MEMBERS
PUBLIC WORKS
Ron Anderson
33 EAST IDAHO
BUILDING DEPARTMENT(208)
Keith Bird
MERIDIAN, IDAHO 83642
387-22t1 •Fax 837-t297
Tammy deWeerd
(208) 888-4433 • Fax (208) 887-4813
PLANNING AND ZONING
Cherie McCandless
City Clerk Office Fax (208) 888-4218
DEPARTMENT
(208) 884-5533 • Fax 888-6854
TRANSMITTALS 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
and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office
Attn: Will Berg, City Clerk, by: September 13, 2001
Transmittal Date: August 22, 2001 Hearing Date: September 20, 2001
File No.: AUP 01-012
Request: Assessory Use Permit for the operation of a Family Day Care for five or -
fewer children in an R-8 zone for Mary C. Fowler
By: Mary C. Fowler
Location of Property or Project: 962 East Cougar Street
Sally Norton, P/Z (No VAR, VAC, Fp)
Jerry Centers, .P2 (No VAR, vAc, Fp)
Bill Nary, P/Z (No VAR, VAC, FP)
Keven Shreeve, P/Z (No vAR, vAc, Fp)
Keith Borup, P/Z (No VAR, VAC, FP)
Robert Come, Mayor
Ron Anderson, C/C
Tammy deWeerd, C/C
Keith Bird, C/C
Cherie McCandless, C/C
Water Department
Sewer Department
Sanitary Service (No VAR, vac, FP)
Building Department Your Concise Remarks:
Fire Department
Police Department
City Attorney
City Engineer
L/" Planner
Parks Department (R"kF.,,w on7yj
AZ - 27 FP - 24 PPIPFP - 26 VARNAC - 20 CUP - 26
Meridian School District (No Fp)
Meridian Post Office (Fp/Pp only)
Ada County Highway District
Community Planning Assoc.
Central District Health
Nampa Meridian Irrig. District
Settlers Irrigation District
Idaho Power Co. (Fp/Pp ony)
U.S. West (FP/Pp only)
Intermountain Gas (FPrPPonly)
Bureau of Reclamation (Fp/Pp ony)
Idaho Transportation Department (No Fp)
Ada County (Annexation ony)
iiiuc
W- ---1 3
/1
/'\
CITY OF MERIDIAN
Planning & Zoning Department
660 E. Watertower Ln., Ste. 202, Meridian, ID 83642
(208)884-5533 Phone / (208)888-6854 Fax
ACCESSORY USE APPLICATION
APPLICANT:.
(Owruer or a der of valid option)
DESCRIPTION
Phone:
y
FILE
Avf-o1-o1Z
936��
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: � Dia ZONING CLASSIFICATION:
CLCW
VICINITY SKETCH: A vicinity map at a scale approved by the City showing property lines,
adjacgnt uses, streets existing and such other items as the City tray require. Also include a sitepl
and mrd areas. ; yI'S1 t IICLL �)
SURROUNDING PROPERTY OWNERS: Provide a list of names and addresses of all abutting
property oyngr. 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
infor=mation will beyrovided by City of Meridian.) L`4—
DESCRIPTION OF REQUESTED ACCESSORY USE:
FEE:; X80.00
1. Use made of all abutting lots or parcels:, ` ro / �f
2. Are there other accessory uses of q s� nature in the area? If so, state the local' he
accessory use: iL t� tCY'Orrom
n
3. Possible adverse impacts on adjacent property such as noise, traffic, excess light, odor,
etc.
4. Do you agree to pay increased sewer, water or trash fees if such are required due to increased
use?
5.
Q
7.
If the accessory use includes construction of a building on the lot or parcel, complete the
following: N
a. Will all parts of the accessory building be located within the lot or parcel?
b.
C.
d.
9.
h.
Is the primary building already constructed?
Is the accessory building to be attached to the primary building?
Will the accessory building be constructed in the rear yard of the primary building?_
Will the accessory building occupy less than 40% of the required rear yard for the
primary structure?
If the answerto the above is no, will the accessory structure be connected to the
primary stricture and will both the primary and accessory structure then meet all yard
and court requirements?
Does the height of the accessory building exceed 15 feet?
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? _
If the accessory use is for a family Child tare 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? — 5a-Qa- y c�
If so, attach a copy of your application or permit.
C. Is one off-street parking space per employee provided?AJ A
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?We
—
£ Is the play area for the children fenced from streefs and neighbors? 25
If so, what is the fence height and type of construction? OAQ19-n7—
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 ' idental subordinate to its use
as a residence? Nt Ud.PJ r
C. Will the home occupation use more than 5% of the floor ata of the
2
d. Will any item be offered for sale that is not produced by the dwelling occupants of the
premis-es?
e• Will mechanical or electrical equipment be installed or maintained other than such as
is customarily incidental to domestic use?
£ How much traffic will be generated by the occupation?
g. Will off-street parking requirements be rnet'?��
h. Will off-street parking requirements be located in�uired front yard? L
L Will equipment or processing create noise,
vibrations, glare, fumes, odor, o electrical
interference detectable to the normal senses off the lot?�
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?_
I hereby certify that the information ntained herein is a correct.
SIGNATURE:
SOCIAL SECURITY NP..
DATE: 1779
STALE OF IDAHO )
ss.
CouMy of Ada)
On this day of , 2 before me, the undersigd, a Notary Public in
andr said State, personally ap ed , known,, or proved to me, to be
the *son(s) whose narne(s) is (are) subscribed to the within instrument, and acknowledged to me
that lie/she/they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affnced my official seal, the day
and }dear in this certificate fiist above written.
o%0
"`°'�:,j=; .A a. Notary Publ•c or Idaho
gym' 11 `i
• ' ° �°"
Residing
(SEAT,) y � : e � ` My Commission Expires
9 d
A 0• i� J S'� i � •
L
?0-N1 AUG 13 2001 "9"001
CITY OF NIERIDLAr
This letter is in response to the Notice of ApplicaticklLtl4d' RNVir# kgPiRU& home
regarding the operation of a Family Day Care at 962 E. Cougar Street. We strongly
object to this proposal and are against granting approval of this application for the
following reasons:
There already is a heavy flow of traffic through our neighborhood. Operation of a
day care facility would increase traffic beyond current levels by many cars a day,
more than likely in the early morning hours and at the peak traffic periods of the
afternoon. Often times people that travel through our neighborhood drive very
fast, and round the corner at Caribou Way & Cougar Street too quickly. This
would create an unsafe condition for children if a day care were present at the
proposed address. We understand that two day care facilities are already operating
within our neighborhood and the addition of another would increase the quantity
of traffic even further.
2. Our children's bedrooms adjoin the back yard of the home of this proposed day
care. Our children take naps, which would pose a problem with the noise level
that surrounds an operating day care. _
3. We would not purchase a house knowing that a day care center was operating in
the adjoining residence. Therefore, it is certainly not out of the question that if we
ever chose to sell our home we could lose a potential buyer for this very same
reason. It is upsetting to consider that the value of our home may decline due to
the fact that a day care was located next door.
If you have any questions regarding this letter, please feel free to contact us at 884-
5620.
Thank you for your consideration of our opinion regarding this very important matter.
Sincerely,
Monty & Kim Rigenhagen
2613 N. Caribou Way
Meridian, ID
^ AUG 13 2001
CITY OF NIERIDIAN
PLANNLNG & ZONING
August 12, 2001
Shari Stiles
Zoning Administrator
City of Meridian
660 E. Watertower Lane, Suite #202
Meridian, Idaho 83642
Re: Application for "Family Day Care" at 962 E. Cougar St., Meridian, Idaho
Dear Ms. Stiles:
We live across the street (2596 N. Caribou Way) from the proposed Day Care/Preschool.
We have some concerns that should be given careful consideration prior to your
approval of this application. They are:
1. Number of children. Your notice of application letter states five or fewer children.
The applicant, Mary Fowler, has informed us there will be six to twelve children.
2. The existing traffic flow in this area is quite heavy. Adding twelve to twenty-four
additional automobile trips a day seems excessive.
3. We are retired and spend a great deal of time at home. Normal neighbor noise is
expected, but to add up to twelve more children at one location across the street is
leading toward noise pollution.
4. We have real concerns about the negative property value for the homes located in the
close proximity of this proposed commercial business. We would not purchase a home
this close to a business, and we are sure the majority of potential buyers would feel the
same.
Thank you for giving us the opportunity to express our concerns and opinions on this
application that has a very strong effect on our neighborhood.
So' erely,
Carl and Donna Feeler
2596 N. Caribou Way
Meridian, Idaho 83642
(208)884-2424
.Lw- - ` .Xa
AUG 0 7 2001
CITY OF `IERIDLUN
pLk�N.- P;G & ZONL`G
Dave & Denise Hall
2582 N. Caribou Way
Meridian, ID 83642
Shari Stiles
Zoning Administrator
City of Meridian
660 E. Watertower Ln.
Suite #202
Meridian, Idaho 83642
August 3, 2001
Re: Accessory Use Permit (Mary Fowler)
We want to register our objection to the Accessory Use Permit for the
operation of a Family Day Care center applied for by Mary Fowler.
We live across the street from 962 E. Cougar St. and do not want the
additional traffic and noise associated with the day care. We also believe the
existence of a day care across the street will make it more difficult to market
our own property when the time comes.
Sincerely,
Dave and Denise Hall
Oso, � ra
o�,Q�
MARY FOWLER - 962 E. COUGAR
ABUTTING PROPERTY OWNERS
CURRY DONALD EARL JR &
CURRY WENDY E
2629 N MULE DEER WAY
MERIDIAN ID 192642-24197
RIGEN14AGEN MONTY F &
KIMBERLY KAY
2613 N CARIBOU WAY
MERIDIAN ID 193642-3475
HIGNBARGER MIC14AEL D
NIGNBARGER LINDA A
950 E COUGAR ST
MERIDIAN ID 193642-0000
JONES GENE
JONES TERRI A
962 E COUGAR ST
MERIDIAN ID T9642-3476
FEELER CARL E &
FEELER DONNA R
2596 N CARIBOU WAY
MERIDIAN ID 92642-2475
HALL DAVID F &
HALL DENISE M
2582 N CARIBOU WAY
MERIDIAN ID 83642-3475
MURP14YJACK ALAN & PAMELA GAY
949 E COUGAR ST
MERIDIAN ID 83642-3476
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RE. . ESTATE PURCHASE AND SALE r. iREEMENT
3 REALTOR" AND RECEIPT FOR EARNEST MONEY
4 i
eouwi houswa
5 THIS IS A LEGALLY BINDING CONTRACT. READ THE ENTIRE COCUMENT, INCLUDING THE GENERAL PRINTED PROVISIONS or'o�ru"frr
5 AND ATTACHMENTS. IF YOU HAVE ANY QUESTIONS, CONSULT YOUR ATTORNEY AND/OR ACCOUNTANT BEFORE SIGNI
NIG
ID# 023283 DAT
9 1. REAL ESTATE 4OFF—CEL_10 Listing AgencyListing Agent NameSelling Agency
Phone #(office) Selling Agent Name
3 (home) Phone #(office) (home)
14 2. BUYER:
(Hereinafter called "BUYER")
15 agrees to purchase, and the d ned SELLER a rees to sell the follow' g described real estate he inafter referred to as "PREMISES" COMMONLY
16 KNOWN AS "
City County Idaho, Zip
17 Legally described as: ❑
18 OR ❑ Legal Description Attached: Attachm9p must accp pang o inal 0 er.
19 3. T9,TAL PURCHASE PRICE: /� 1✓e. DOLLARS,
20 payable upon the following TERMS AND CONDITIONS ( Not inclu i g G ng c sts
21
22 4. FINANCIAL TERMS: Note: A+C+D+E must add up to total purchase priFa �f�ept for 100% financing
23 A EARNEST MONEY: BUYER hereby deposits , _ � LLJJ DOLLARS as Earnest
24 Money evidenced by: El cash F] personal check ❑ cashiers check ❑ note due ❑ other
25 and a receipt is hereby acknowledged. Earnest Money to be de osited in trust accou pon ceptance by all parties and shall be
25 held by: ❑ ListIn Broke Selling Broker other ref• f K _ for the benefit of the parties
27 hereto, and P (Br ker) shall hold the mpletely executed Brokers copy of
28 this Agreement. The responsible Broker shall be
29
30 B. ALL CASH OFFER: ❑YES IbINO If this is an all cash offer do not complete lines 31 through 59, fill blanks with N.A.
31 7U,C. NEW LOAN PROCEEDS: This Agreement contingent upon BUYER obtaining: ❑FHA ❑ VA �CONVEN ❑IHFA
32 ❑RD ❑OTHER FIRS LOAN of $ 4 L_l a not including mortgage
33 insurance, with interest not to exceed Y� for a period of 30 year(s) at: ®fixed rate ❑other
34 BUYER shall pay no more than
oint(s) plus origination fee if pirly. SELLER shall pay no more
35 than point(s). Any reduction in points shall first accrue to the benefit of the �3tiYER
36 ELLER vided Equally.
37 BUYER shall apply for such loan within business day(s) of SELLER's acceptance. Within 3 business days of final
38 acceptance of all parties, BUYER agrees to furnish SELLER with a written loan commitment showing lender approval of credit
39 report, Income verification, debt ratios and subject only to satisfactory appraisal and final lender underwriting. If such
40 written commitment is not received by SELLERS within the strict time allotted. SELLERS may at their option cancel this agreement
41 by notifying BUYERS in writing of such cancellation. If an appraisal is required by lender, the property must appraise at not less
42 than purchase price or BUYER's Earnest Money may be returned at BUYER's request.
43
44 FHA / VA. If applicable, it is expressly agreed that notwithstanding any other provisions of this contract, BUYER shall not be
45 obligated to complete the purchase of the property described herein or to incur any penalty or forfeiture of Earnest Money deposits
46 or otherwise unless BUYER has been given in accordance with HUD/FHA or VA requirements a written statement by the Federal
47 Housing Commissioner, Veterans Administration or a Direct Endorsement lender setting forth the appraised value of the property of
48 not less than the sales price as stated in the contract. BUYER shall have the privilege and option of proceeding with consummation
49 of the contract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the
so maximum mortgage the Department of Housing and Urban Development will insure. HUD does not warrant the value or the
51 condition of the property. BUYER should satisfy himself/herself that the price and condition of the property are acceptable. It is
52 agreed that any item included in section 7 is of nominal value less than $100.
53 $ D. ADDITIONAL FINANCIAL TERMS:
54 U Additional financial terms are specified under the heading "OTHER TERMS AND/OR CONDITIONS" (Section 5).
55 ❑ Additional financial terms are contained in a FINANCING ADDENDUM of same date, attached hereto, signed by both parties.
56 E. APPROXIMATE FUNDS DUE AT CLOSING: Cash at closing, not including dosing costs, to be paid by BUYER at closing,
57 In GOOD FUNDS, which includes: cash, electronic transfer funds, certified check or cashier's check. Any net difference
56 between the approximate balances of the loan(s) shown above, which are to be assumed or taken subject to, and the actual
59 balances of said loan(s) at closing of escrow shall be adjusted in ❑Cash ❑Other:
60 BU��ELLER acknowledge rec Ip f co y of this page, which c Les Page 5 P S.
61 BUYER's Initials )(__) Date 1) SELLER's Initial ) ate
62 This form is printed and di nbul y the Idaho Association of REAL Inc. / Ada County Ass n EALTORS , nc his form has end signed for and
63 is provided only for use by real estate professionals licensed by the Idaho Real Estate Commission who are so members of thedational Association of REALTORS&
64 USE BY ANY OTHER PERSON IS PROHIBITED.
65 Copyright Idaho Association of REALTORS®, Inc. / Ada County Association of REALTORS®, Inc. All rights reserved.
66 R.E.21 EFFECTIVE DATE 0&00
67
69
r4chntfoo,Q e nrm/ /111W ,rvr lino,e nn
se PURCHASE & SALES AGREQd&NT RE21 PAGE
as
70 PROPERTY ADDRESS: J �/ S
71 ID#:
5. OTHER TERMS AND/OR CONDITIONS:
73
74
75
7s 6. OCCUPANCY: BUYER does ❑ does not intend to occupy property as BUYER'S primary residence.
77 T. ITEMS INCLUDED & EXCLUDED IN THIS SALE: All existing fixtures and fittings that are attached to the property are INCLUDED IN THE
78 PURCHASE PRICE (unless excluded below), and shall be transferred free of liens. These include, but are not limited to, all attached floor coverings, attached
79 television antennae, satellite dish and receiving equipment, attached plumbing, bathroom and lighting fixtures, window screens, screen doors, storm windows,
80 storm doors, window coverings, garage door opener(s) and transmitter(s), exterior trees, plants or shrubbery, water heating apparatus and fixtures, attached
81 fireplace equipment, awnings, ventilating, cooling and heating systems, built-in and "drop-in" ranges (but excepting all other ranges), fuel tanks and irrigation
82 fixtures and equipment, all water systems, wells, springs, water, water rights, ditches and ditch rights, if any, that are appurtenant thereto that are now on or
83 used in connection with the premises and shall be included in the sale unless otherwise provided herein.
84 The following additional items are specificall}f
85 A. INCLUDED IN THIS SALE:,
86
67
88
89
90 B. EXCLUDED IN THIS SALE
91
92
93
94
95 8. TITLE CONVEYANCE: Title of SELLER is to be conveyed by warranty deed, unless otherwise provided, and is to be marketable and insurable except
96 for rights reserved in federal patents, state or railroad deeds, building or use restrictions, building and zoning regulations and ordinances of any governmental
97 unit, and rights of way and easements established or of record. Liens, encumbrances or defects to be discharged by SELLER may be paid out of purchase
98 money at date of closing. No liens, encumbrances or defects, which are to be discharged or assumed by BUYER or to which title is taken subject to, exist
99 unless otherwise specified in this Agreement.
100
101 9. TITLE INSURANCE:
102 ( A ) TITLE COMMITMENT: Prior to closing the transaction, 0 SELLER or ❑ BUYER shall furnish to BUYER a commitment of a title
103 insurance policy showing the condition of the title to said premises. BUYER shall havebusiness day(s) from receipt of the commitment or not
1oa less than twenty-four (24) hours prior to closing, within which to object in writing to the condition of the Vile as set forth in the commitment. If BUYER
105 does not so object, BUYER shall be deemeA to have accepted the conditions of the title. It is agreed that if the title of said premises is not
106 marketable, or cannot be made so within business day(s) after notice containing a written statement of defect is delivered to SELLER,
107 BUYER's Earnest Money deposit will be returned to BUYER and SELLER shall pay for the cost of title insurance cancellation fee, escrow and legal
108 fees, if any.
109 ( B ) STANDARD COVERAGE OWNER'S POLICY: SELLER shall within a reasonable time after closing furnish to BUYER a title insurance
110 policy in the amount of the purchase price of the premises showing marketable and insurable fide subject to the liens, encumbrances and defects
111 elsewhere set out in this Agreement to be discharged or assumed by BUYER. The risk assumed by the title company in the standard coverage
112 policy is limited to matters of public record,
113 ( C ) EXTENDED COVERAGE LENDER'S POLICY (Mortgagee policy): The lender may require that BUYER (Borrower) furnish an
114 Extended Coverage Lender's Policy. This extended coverage lender's policy considers matters of public record and additionally insures against
115 certain matters not shown in the public record. This extended coverage lender's policy Is solely for the benefit of the lender and only protects
116 the lender.
117 ( D ) EXTENDED COVERAGE OWNER'S POLICY: A standard title policy does not cover certain potential problems or risks such as liens
118 (i.e. a legal claim against premises for payment of some debt or obligation, boundary disputes, claims of easement and other matters of claims if
119 they are not of public record at time of closing.) However, under Idaho law, such potential claims against the premises may have become legal
120 obligations before the purchase of the home and yet may not be of public record until after the purchase. It is recommended that BUYER talk to a
121 title company about what it offers in the way of extended coverage title policies and endorsements. This extended coverage owner's policy is for
122 the benefit of the owner and provides similar coverage lli{ike provided by the extended coverage lender's policy.
123 Extended Coverage Owner's P 'ry requested ❑Yes UWNo. Additional premium paid by: BUYER ❑SELLER .
124
125 ( E ) The parties agree that Title Company shall provide title policy and preliminary report of commitment.
126
127 B YER and SELLER acknowledge receipt of copy of this page, which coYR
Pa of 5 Pages. �1
126 BUYER'S Initials�') �.}� t(__) Date SELLER'S Initials ate CJ
129 7�J�
130 This form is printed and distributed by the Idaho Association of REALTORS®, Inc. / Ada County Association oORSO. Inc. This form has been designed for and
131 is provided only for use by real estate professionals licensed by the Idaho Real Estate Commission who are also members of the National Association of REALTORS&
132 USE BY ANY OTHER PERSON IS PROHIBITED.
133 Copyright Idaho Association of REALTORS®, Inc. / Ada County Association of REALTORS®, Inc. All rights reserved.
134
135 R.E.21 EFFECTIVE DATE 08/00
136
Broker's Com
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PURCHASE & SALES AGREEMENT RE21 PAGE 3
PROPERTY ADDRESS:_A1 10. INSPECZ
ID#: D 3 g
ION: BUYER shall have the right to conduct inspections, investigations, tests, surveys and other studies at BUYER'S expense. BUYER
shall, within business days) of acceptance, complete these Inspections and give to SELLER written notice of items disapproved
e to xercisg these rights and to make BUYER's own selection of professionals with a du ed e BUYER is
strongly advis
entire property. �. appropriate qualifications to conduct Inspections of the
BUYER's accaptanc of the condition of the property Is a contingency of this Agreement.
FHA INSPECTION REQUIREMENT, If applicable: "For Your Protection: Get a Home Inspection", HUD 92564 -CN must be signed on or before
execution of this agreement.
BUYER chooses Oto have inspection; ❑not to have inspection. If BUYER chooses not to have inspection skip lines 147 to 163
SATISFACTION/REMOVAL OF INSPECTION CONTINGENCIES:
1. If BUYER does not within the strict time period specified give to SELLER written notice of items disapproved of. BUYER shall conclusively be deemed to
have: (a) completed all Inspections, investigations, review 3f applicable documents and disclosures: (b) elected to proceed with the transaction and (c)
assumed all liability, responsibility and expense for repairs or corrections other than for items which SELLER has otherwise agreed in writing to repair or correct.
2. If BUYER does within the strict time period specified give to SELLER written notice of items disapproved of, BUYER shall provide to SELLER pertinent
section(s) of written Inspection reports. SELLER shall have /' business day(s) in which to respond In writing. The SELLER, at their option, may
correct the items as specified by the BUYERS in their letter or may elect not to do so. If the SELLER agrees to correct the items asked for in the BUYERS
letter, then both parties agree that they will continue with the transaction and proceed to closing. This will remove the BUYERS Inspection contingency.
3.If the SELLER elects not to correct the disapproved items, then the BUYER(S) have the o en of either continuing the transaction without the SELLER being
responsible for correcting these deficiencies or giving the SELLER written notice within
business days that they .vitt not continue with the transaction
and will receive their Earnest Money back.
4. If SELLER does not respond within the strict time period specified, BUYER shall have the right to cancel this agreement in writing.
5. if BUYER does not give such written notice of cancellation within the strict time periods specified, BUYER shall conclusively be deemed to have elected to
proceed with the transaction without repairs or corrections other than for items which SELLER has otherwise agreed in writing to repair or correct.
SELLER shall make the property available for all Inspections. BUYER shall keep the property free and clear of liens; indemnify and hold SELLER harmless
from all liability, claims, demands, damages and costs; and repair any damages arising from the Inspections. No Inspections may be made by any
governmental building or zoning inspector or government employee without the prior consent of SELLER, unless required by local law.
SQUARE FOOTAGE VERIFICATION: BUYER IS AWARE THAT ANY REFERENCE TO THE SQUARE FOOTAGE OF THE REAL PROPERTY OR
IMPROVEMENTS IS APPROXIMATE. IF SQUARE FOOTAGE IS MATERIAL TO THE BUYER, IT MUST BE VERIFIED DURING THE INSPECTION PERIOD.
11. SELLER'S PROPERTY DISCLOSURE FORM: If required by Title 55, Chapter 25 Idaho Code SELLER shall within ten (10) days after execution of
this Agreement provide to BUYER "SELLER's Property Disclosure Form" or other acceptable form. -BUYER has received the *SELLER's Property Disclosure
Form" or other acceptable form prior to signing this Agreement: ❑Yes XNo ❑N/A
12. LEAD PAINT DISCLOSURE: The subject property Elis Ris not defined as "Target Housing" regarding lead-based paint or lead-based paint
hazards. If yes, BUYER hereby acknowledges the following: (a) BUYER has been provided an EPA approved lead-based paint hazard information pamphlet,
"Protect Your Family From Lead in Your Home". (b ) Receipt of Seller's Disclosure of Information and Acknowledgment Form and have been provided with all
records, test reports or other information, if any, related to the presence of lead-based paint hazards on said pro erty (c) That this contract is contingent upon
BUYERS right to have the property tested for lead-based paint hazards to be completed no later than or the contingency will
terminate. (d ) That BUYER hereby 4waives ❑does not waive this right. (e ) That, if test results show unacceptable amounts of lead-based paint on the
premises, BUYER has the right to cancel the contract subject to the option of the SELLER (to be given in writing) to elect to remove the lead-based paint and
correct the problem which must be accomplished before closing. (f )That, if the contract is canceled under this clause, BUYER'S earnest money deposit will
be returned to BUYER.
13. FINAL WALK THRJb The SELLER grants BUYER and any representative of BUYER reasonable access to conduct a final walk thru inspection of the
Premises approximately day(s) prior to close of escrow, NOT AS A CONTINGENCY OF THE SALE, but for purposes of satisfying BUYER that any
repairs agreed to in writing by BUYER and SELLER have been completed and Premises are in substantially the same condition as on acceptance date of this
contract. SELLER shall make Premises available for the final walk thru and agrees to accept the responsibility and expense for making sure all the utilities are
turned on. If BUYER does not conduct a final walk thru, BUYER specifically releases the Broker(s) of any liability.
14. ATTORNEY'S FEES: If either party initiates or defends any arbitration or legal action or proceedings, which are in any way connected with this
Agreement, the prevailing party shall be entitled to recover from the non -prevailing party reasonable costs and attorney's fees, including such costs and fees on
appeal.
15. EARNEST MONEY DISPUTE/ INTERPLEADER: Notwithstanding any termination of this contract, BUYER and SELLER agree that in the event of
any controversy regarding the Earnest Money and things of value held by Broker or closing agency, unless mutual written instructions are received by the holder
of the Earnest Money and things of value, Broker or closing agency shall not be required to take any action but may await any proceeding, or at Broker's or
closing agency's option and sole discretion, may interplead all parties and deposit any moneys or things of value into a court of competent jurisdiction and shall
recover court costs and reasonable attorney's fees.
16. COVENANTS, CONDITIONS AND RESTRICTIONS (C.C.& R.'S): BUYER is responsible to obtain and review a copy of the C.C.& R.'s (if
applicable). BUYER has reviewed C.C.& R.'s. ❑Yes 99No ❑N/A
17. SUBDIVISION HOMEOWNER'S ASSOCIATION: BUYER is aware that membership in a Home Owner's Association maybe required and BUYER
agrees to abide by the Articles of Incorporation, By -Laws and rules and regulations of the Association. BUYER is further aware that the Property may be
subject to assessments levied by the Associationsdescribed in full in the Declaration of Covenants, Conditions and Restrictions, BUYER has reviewed
Homeowner's Association Documents: []Yes t8p1No ❑N/A Association fees/dues are $- per
18. RISK OF LOSS: Prior to closing of this sale, all risk of loss shall remain with SELLER. In addition, should the premises be materially damaged by fire or
other destructive cause prior to closing, this Agreement shall be voidable at the option of BUYER.
8 d SELLER acknowledge receipt of copy of this page, which stitutes Pa�C oIf 5 Pages.
)�
BUYER's Initial _} Date SELLER's Initials )(:: ' Lam) Date 7 '! �l ' y /
This form is printed and distributed by the Ada County Association of REALTORS®Inc., Inc. / Idaho Association of REALTORS®, ncThis form has been designed for and
is provided only for use by real estate professionals licensed by the Idaho Real Estate Commission who are also members of the National Association of REALTORS6.
USE BY ANY OTHER PERSON IS PROHIBITED.
Copyright Idaho Association of REALTORS®, Inc. / Ada County Association of REALTORS®, Inc. All rights reserved.
R.E.21 EFFECTIVE DATE 08/00
Brokel's Copy
2T1 t'URCHASE & SALES AGREEMENT RE21 PAGE 4
213 PROPERTY ADDRESS: z /1
214
— � oz 3zg3
215 19. BUSINESS DAY: Monday through Friday, excluding Saturday and Sunday, and excluding holidays as defined in Idaho Code, Section 7-
218 20. COSTS PAID BY: Costs in addition to those listed below may be incurred by BUYER and SELLER unless otherwise agreed herein, or provided by law
217 or required by lender, or otherwise stated herein. The below costs will be paid as indicated. Some costs are subject to loan program requirements.
218 SELLER agrees to pay up to '
fonder repair cosz,s BUYER or SELLER has the opti_on to pay any lander required repair costs ntaxcass of this amount.
220
BUYER SELLER Shared Not
Equally Applicable BUYER SELLER Shared Not
Appraisal Fee Equally Applicable
Appraisal Re -Inspection pee Title Ins. Standard Coverage Owner's Policy
Title ins. Extended Coverage
Closing Escrow Fee Lenders Policy — Mortgagee Policy
Extended
Title Ins. Policy
Coverage
_ � Owners Polity
Lender Document Preparation Fee
Homeowner's Expanded Coverage
Endorsement
Flood Cerlification/Tracking Fee
Septiawell Inspection
Lender Required Inswlions
Septic Pumping
Tax Service Fee
Survey
Attorney Contract Preparation Fee
Fuel in Tank — Amount to be Determined by
Supplier
Addilialal Homeowner Assoaalion
.21 Selu ransfer Fee
22 21. COUNTERPARTS: This Agreement maybe executed in one or more counterparts, each of which is deemed to be an original hereof, and all of which
23 shall together constitute one and the same instrument. 11 11 11 11 11 11
24 22. ENTIRE AGREEMENT: This Agreement contains the entire Agreement of the parties respecting the matters herein set forth and supersedes all prior
25 Agreements between the parties resp@cting such matters. No warranties, including, without limitation, any warranty of habitability, agreements or
28 representations not expressly set forth herein shall be binding upon either party.
27 23. FACSIMILE TRANSMISSION: Facsimile transmission of any signed original document, and retransmission of any signed facsimile transmission
:e shall be the same as delivery of an original. At the request of either party or the Closing Agency, the parties will confirm facsimile transmitted signatures by
29 signing an original document.
30 24. DEFAULT: N BUYER defaults in the performance of this Agreement, SELLER has the option of: (1) accepting the Earnest Money as liquidated damages
31 or (2) pursuing any other lawful right or remedy to which SELLER may be entitled. If SELLER elects to proceed under (1). SELLER shall make demand upon
32 the holder of the Earnest Money, upon which demand said holder shall pay from the Earnest Money the, costs incurred by SELLER's Broker on behalf of
13 SELLER and BUYER related to the transaction, including, without limitation, the costs of title insurance, escrow fees, credit report fees, inspection fees and
li attorney's fees; and said holder shall pay any balance of the Earnest Money, one-half to SELLER and one-half to SELLER's Broker, provided that the amount to
i5 be paid to SELLER's Broker shall not exceed the Broker's agreed -to commission. SELLER and BUYER specifically acknowledge and agree that it SELLER
18 elects to accept the Earnest Money as liquidated damages, such shall be SELLER's sole and exclusive remedy, and such shall not be considered a penaltyor
17 forfeiture. If SELLER elects to proceed under (2), the holder of the Earnest Money shall be entitled to pay the costs incurred by SELLER's Broker on behalf of
a SELLER and BUYER related to the transaction, including, without limitation, the costs of brokerage fee, title insurance, escrow fees, credit report fees,
a inspection fees and attorneys fees, with any balance of the Earnest Money to be held pending resolution of the matter.
o If SELLER defaults, having approved said sale and fails to consummate the same as herein agreed, BUYER's Earnest Money deposit shall be returned to
1 him/her and SELLER shall pay for the costs of title insurance, escrow fees, credit report fees, inspection fees, brokerage fees and attorney's fees, if any. This
2 shall not be considered as a waiver by BUYER of any other lawful right or remedy to which BUYER may be entitled.
3 25. SALES PRICE INFORMATION: The parties to this Agreement acknowledge that sales price information compiled as a result of this Agreement may
a be provided to the County Assessor's Office by either party or by either party's Broker.
5 26. TIME IS OF THE ESSENCE IN THIS AGREEMENT.
3 27. CLOSING: On or before the dosing date, BUYER and SEL shall deposit with the G_ osing a enry all funds and instruments necessary to complete
r this transaction. The dosing shall be no later than (Date) Zia
3 The parties agree that the CLOSING AGENCY for this transaction shall be
l If a long -tetra escrow / collection is involved, then the long -tern escrow holder shall be
28. POSSESSION: BUYER shall be entitled to possession upon closing or []date
me
date on
which all documents are either recorded or accepted by an escrow agent and the sale proceeds are available to SELLER.I osing Property taxemeans she and nd wa er
assessments (usin 1 last available assessment as a basis), rents, Interest and reserves, liens, encumbrances or obligations assumed and utilities shall be
pro -rated as of
BUY a SELLER acked e r ceipt f copy of this page, which titutes Pa of 5 Pages.
Dat
BUYER's Initials Date SELLER's lniti'�
This form is printed and distributed by the Idaho Association of R LTORSO, Inc. / Ada County Assaciatlon o REALTORS®. Inc. This form has been designed for and
is provided only for use by real estate professionals licensed by the Idaho Real Estate Commission who are also members of the National Association of REALTORS&
USE BY ANY
PERSON IS
Copyright Idaho Association of REA ORS®,Inc. / Ada County As PROHIBITED.
Association Tof REALTORS®, Inc. All rights reserved.
R.E.21 EFFECTIVE DATE 08/00
Brokef s Copy
264 SAPURCHASE &LES AGREEMENT RE21 -PAGE 5
265
266 PROPERTY
2s7 ADORES,
268 29. SPECIAL CONSIDERATIONS AND ID #
z69 c ngencies which must be satin ed prior to closGENCI This Agreert�gnt i de sub
170 (� itio the follovring special considerations and/or
30. RE RESENTATION CONFIRMATI N: Check one (1) box in S ct on 1 and one (1) boxLin Section 2
271 +
z7z transaction, the brokerages) involved had the following relationships) with the Buyer(s) and) Seller(s).
(s), t
173 Section 1: below to confirm that in this
c7S ❑ A. The broker working with the BUYER(S) is acting as an AGENT for the BUYER(S).
_7s ❑ B. The broker working with the BUYER(S) is acting as a LIMITED DUAL AGENT for the BUYER(S).
,s C. The broker working with the BUYER(S) is acting as a NONAGENT for the BUYER(S).
273
177 Section 2:
27s
❑ A. The broker working with the SELLER(S) is acting as an AGENT for the SELLER(S).
180❑B. The The broker working with the SELLER(S) is acting as a LIMITED DUAL AGENT for the SELLER(S).
281 Each party signing G's -document rconfi ms that he or she has received, read and understood the oker working with the SELLER(S) is acting as a NONAGENT oAthe
enc Disclo S).
182 relationship confirmed above. In addition, each party confirms that the broker's agency office policy was made avare Brochure and has electedilable for inspection an
d review
283 EACH PARTY UNDERSTANDS THAT HE OR SHE IS A "CUSTOMER" AND IS NOT REPRESENTED BY1AcBROKER UNLESS THERE IS
the
284 WRITTEN AGREEMENT FOR AGENCY REPRESENTATION. Each party signing this document understand that the above confirmation DOES
285 create an agency relationship between the Broker(s) and the BUYER(S) and SELLER(S) and they are a CUSTOMER and NOT REPRESENTED
IS A SIGNED
286 Broker UNLESS there is a SEPARATE signed written agreement as required by Idaho Statute to create that relationship. DOES NOT
2e7 by a
288 31. ACMCP BUYER's offer is made subject to the acceptance of SELLER on or before (Date)
288 (Time) Dam m If SELLER does not accept this Agreement within the time specified, the entir Earn
290 refunded to BUYER do demand. �" and
is, est Money shall be
292 32. BUYER'S SIGNATURES: I / we further acknowledge receipt Of a true Copy of this agreement.
293 /KSEE ATTACHED BUYER'S ADDENDUM(S):
294
zss K ,/ BUYER Signature --� _ (Specify number of BUYER addendum(s) attached.)
BUYER Signature
296 BUYERJ( rint Name)
BUYER (Print Name)
297 Date Time _ )
m pm Phone ( Date
298 Address -/OD -- —_ Time_ —13am ❑pm Phone #
299 City Address
tate
300 Zip City State Zips_
301 33. SELLER'S SIGNATURES:
302 On this date, I / We hereby approve and accept the transaction set forth in the above Agreement and agree to carry out all the terns thereof on the
303 part of the SELLER. t / We further acknowledge receipt of a true copy of this Agreement signed by both parties.
304 ❑ SIGNATURE(S) SU T TO CO R OFFER ❑ SEE ATTACHED COUNTER OFFER(S) 305 O ❑SEE ATTACHED SEAPR ADDENDUM
306 t{ SELLER Signator
x SELLER Signal
307 SELLER (Print Name)
n SELLER (Print Name)
308 Date 1
7� Time s`
7 .1a,�0am/pm Phone # � � Time
309 Addr//ess'' Cam ❑pm Phone #
310 Citu/`'7irfl�i �.s� --,_.. i Address
cIP-4447 ,[_City / State
311
312 34. BUYER'S ACKN WLEDGMENT OF RECEIPT OF FINAL COPY BEARING ALL SIGNATURES:
313 A true Copy of the foregoing Agreement, signed by the SELLER and containing the full and complete description of the premises, is hereby received on
314 Date
Time Cam ❑pm Date
315 BUYER Signature T�Ime ❑am ❑pm_
316 BUYER Signature
317 Buyer nd S for acknowledge receipt of co v
318 BUYER'S INITIALS PY of this page, which constitutes
319 (�_) Date SELLER'S INITlA of 5 Page Q
320 This form r and distributed by the Idaho Association of REALTORS, fnc. /Ada Count ) Da
This form has been designed for and is provided only for use by real estate professionals who are members of the National Associati o R
321 Y a ion of REALTOR , Inc
LTORS.
322 USE BY ANY OTHER PECopyright Idaho Association of REALTORS, Inc. / Ada C un ty0Ass ocia on IBITED
of EALTORS, Inc. All rights reserved.
R.E. 21 - EFFECTIVE DATE JULY 1, 2001
/'1
NOTICE OF APPLICATION
NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the City of Meridian
and the laws of the State of Idaho, that Mary Fowler has filed with the Zoning
Administrator of the City of Meridian an application for an Accessory Use Permit
for the operation of a Family Day Care for five or fewer children out of her home
at 962 E. Cougar St., Meridian, Idaho. Comments, either for or against, said
application must be filed with the Zoning Administrator within fifteen (15) days
after the initial publication of this notice and shall be addressed to Shari Stiles,
Zoning Administrator, City of Meridian, 660 E. Watertower Ln., Suite #202,
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 962 E. Cougar St. is more particularly described as Lot 1,
Block 13, of Tract Subdivision No. 3, Meridian, Ada County, Idaho.
Any and all interested persons are welcome and invited to submit
comments.
Dated this 30th day of July, 2001.
Q2 au2 cif�,Qd,�
SHARI STILES, Z I G ADMINISTRATOR
PUBLISH August 2"d and August 9th , 2001.
Q
/•�
G� iY OF MERIDIAN
"Hub of Treasure Valley"
33 E. Idaho
Meridian, Idaho 83642
888-4433
Customer's
Order No. ` ► Date
Vamp N , �, � . 'k.:—
Address
t.o-
Address
Phone:
SOLD ISY
LASS C.O.D CHARGE ON ACCT MDSE. RETD PAID OUT
O '+' O i
05 �
-
V11Z 011) K
i
Alt claims and returned goods MUST be accompanied by this bill.
TAX
0013777 Byceived11, C_
TOTAL
c,s-zoz-z
PRINTED IN U.S.A.
MARY C FOWLER '
(208) 376-1251
10047 CORY ST
BOISE, ID 83704
Pay to tf e '
Order o t
NBDA
TRAL
CREDIT UNION
Fors
IMNTEO WITN Q� /
SOYINK.- C�Qri/U 1�.6U/
2925
92-7382/3241
Date
d1ow7(d
—Dollars w ' � __Dollars
L 26 '01 09:48 FR CITY OF MERIDIAN 208 884 4259 TO P -AND -Z P.03iO4
545y'flb P.02 -/'0J
Tara Green: July 24, 2001
I spoke to you yesterday concerning this matter and you thought you may be able to
1nCorrcci- schedule me in a hearirig. for Aug.. Here is a letter explaining my urgency,
an s so much for all of your help in this matter. I really do appreciate all of your help!
Hello, my name is Mary C. Fowler. I am a law abiding citizen. I have my teaching
degree and haven't had much luck finding a teaching job here in Boise or Meridian. I
have worked in three school districts for 4'/ years, doing various jobs in hopes of
getting a teaching job. Still there are too many applicants and I am without a job.
Therefore, I decided to get an executive secretary job at Jabil last Sept. They had a
huge layoff in March and I was laid off with two hundred others. I was fortunate enough
to get a good job paying me $10.00 an hour at Western Building Maintenance. This is
the most money I have ever made. However, this money does not provide me with the
ability to pay my payments on a house, a vehicle and student loans. I have to do
something to move on.
I have had this plan for a year and a half now. I am selling my home and closing on it
August 10h , 2001. 1 have a purchase agreement for Aug. 31st, 2001 to purchase a
home that belongs to some friends of mine. They have been very generous in our
paper work and earnest money etc. They are building their new home and need to
close in order to pay of their loans. They have worked very hard for two years now
doing sweat equity etc. on their new home.
I have done all of the work that was asked of me for my application. It seemed
impossible to get the maps asked for, as I thought I would have to draw them myself
and I knew 1 wasn't qualified to. A friend of mine told me to go to Ada County Planning
and Zoning. 1 did and they quickly printed them up for me on my lunch hour, at no cost
to me. I was relieved. I went around the neighborhood and wrote down the addresses
so to speed up the paper work — it stated that it would take an extra week if your office
did it, so I did it myself, thus saving a week's worth of time.
1 cannot get a regular loan on the amount of money that 1 make. I qualify for a house
payment of $450. A month, We all know that is impossible to live at that income level
and that my current house payment is well over $100.00 above thatl 1 am getting a loan
based upon my good credit. Therefore, I will be purchasing a home that I can only
afford with a child care center, I have purchased $1,100. Worth of daycare items from
a daycare a year and a half ago. 1 have purchased $200.00 in books from a
kindergarten teacher. I have purchased $120. Worth of animal books through the mail
and $125,00 worth of manipulatives, I also have a $350.00 kit of music written by
Janean Brady for children ages 0-12. 1 have taught dance in daycares while I put
myself through school. I have drama, music and dance abilities that I will be teaching
children along with high moral skills, honesty, sharing, treating others with respect, etc.
JUL 24 '01 16=00
3459716 PAGE. 02
JUL 26 '01 09:48 FR CITY OF MERIDIAN 208 884 4259 TO P -AND -Z P.04iO4
3459716 P. 03/E)3
I am ready to open my own full day preschool in my home, providing a service for
working parents and providing my children with a if at home" mom. This is our
dream and we are ready to live it out.
I am now at your mercy. I have been told that I may have to wait until October before I
can have a meeting, My purchase agreement is signed and dated for Aug, 316t. There
are other people involved and they cannot wait that long. We were under the
impression that the entire process took 45 days. Please understand that my family is
homeless for 3 weeks already. If your office takes more than two months, I will loose
the sale to this house and I will not ever be able to have my pre-school in Meridian as I
cannot take this long to purchase another house.
This Is breaking my heart that I cannot do this. These are my plans that 1 have made for
myself and my family. What do you suggest I do? If you can help us in any way, please
contact me at work or home and let me know how to buy a home in Meridian that is
beautiful to us and that can house my pre-schoolers as well.
I am indebted to you for your help in this matter.
Sincerely,
M X* C" -6&/u
Mary C. Fo er
JUL 24 '01 16:00 TOTAL P.03
3459?16 PAGE_R1i
JUL 26 '01 09:48 FR CITY OF MERIDIAN 208 884 4259 /T"O� P -AND -Z P.01iO4
�,
City of Meridian .. • . City Clerks Office
33 E Idaho Ave. Meridian, ID. 83642
direct line (208) 888.4433 fax number (208) 888-4218
Fax Cover Sheet
Date: Tu -1 LA 2u, 2001
To: Wye- me U n n on
From: IW(( -
Phone Number:
Pages including cover:
Regarding.