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HomeMy WebLinkAboutGalushkin, Marina AUP 04-016CITY OF _ IDAHO i. CF�fFh� u` TRFASURF V11 'i SINCE 1903 MAYOR Tammy de Weerd I March 17, 2005 Ms. Brandy Galushkin CITY COUNCIL MEMBERS William L. M. Nary 2843 N. Wolverine Avenue Keith Bird I Meridian, ID 83642 Charles M. Rountree Shaun Wardle I RE: Accessory Use Permit for Tiggeriffic Daycare (AUP-04-016) CITY DEPARTMENTS Dear Ms. Galushkin: Fire 540 E. Franklin Road I am writing in response to your request to transfer the Accessory Use Permit 888-1234/fax 895-0390 issued to Marina Galushkin, for a Family Childcare Home, to yourself, in order to assume operation of Tiggeriffic Daycare, located at 2843 N. Parks & Recreation Wolverine Avenue. 11 E. Bower Street 888-3579/fax 898-5501 Our office, with the assistance of the City Attorney, Bill Nary, has reviewed Planning & Zoning your request and it has been determined that Accessory Use Permits are not 660 E. Watertower Lane transferable to new owners and do not run with the land. Meridian City Code Suite 202 11-17-10(A) reads "With the exception of home occupation and childcare 884-5533/fax 888-6854 facilities, conditional use permits, once approved by the Commission and Police Council, run with the land, and upon sale of the subject property are 1401 E. Watertower Lane transferred to new owner(s) without further application or approval." It is our 888-6678/ fax 846-7366 determination that the intent of the Code was to include Accessory Use Public Works Permits for childcare facilities in the above referenced Code section. 660 E. Watertower Lane Suite 200 In order to continue operation of the childcare facility, a new application 898-5500/fax 898-9551 must be submitted to our office for an Accessory Use Permit with you as the - Building applicant. The childcare facility may remain open for business as long as an 660 E. Watertower Lane application is in process, however, until an application for a new Accessory Suite 150 Use Permit is received by our office, the childcare facility will be considered 887-2211 /fax 887-1297 in violation of Meridian City Code. - Sewer (WWTP) 3401 N. Ten Mile Road Per MCC 11-3-2(B), you may appeal this decision to City Council, subject to 888-2191 /fax 884-0744 a processing fee of $150.00 and a written request. - Water 2235 N. W. 8th Street Sincer 'y, 888-5242/fax 884-1159 Anna Borchers Canni CP Zoning Administrator City of Meridian Planning & Zoning Department CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK-FXx 888-4218 HUMAN RESOURCES-FAx 884-8723 FINANCE & UTILITY BILLING -FAX 887-4813 NIAYOR'S OFFICE -FAX 884-8119 AUP 04-016 MERIDIAN PLANNING & ZONING MEETING February 3, 2005 APPLICANT Marina Galushkin ITEM NO. 3-A REQUEST Tabled from January 20, 2005 Findings of Fact and Conclusions of Law for Marina Galushkin - 2843 North Wolverine Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See a#ached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Date: Phone: Emailed: Staff initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of In the Matter of a Request for an Accessory Use Permit for a Family Childcare Home for Five or Fewer Children in a R-8 Zone for Marina Galushkin. Case No(s). AUP-04-016 For the Planning and Zoning Commission Hearing Date of: innuaity 4, �Q111441-rJ 4 Zoos A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the Planning and Zoning Commission public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record abutting the external boundaries of the property. The notice of public hearing before the Planning and Zoning Commission was posted upon the property under consideration more than one week before said hearing. The matter was duly considered by the Planning and Zoning Commission at the January 4, 2004, public hearing. The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Meridian City Code §§ 11-9-4 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report for the subject application, it is hereby verified that the property owners of record at the time of issuance of these findings are Aleksandr and Marina Galushkin. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for this application. B. Conclusions of Law 1. The Meridian Planning and Zoning Commission takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER f ACFNCNCI AITP"_0lh-PArW I nfI 2. The conditions shall be reviewable by the Planning and Zoning Commission pursuant to Meridian City Code § 11-9-4. 3. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 4. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 5. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 6. That this approval is subject to the Legal Description in Exhibit A, the Conceptual Site Plan, not dated, as shown in Exhibit B and the Conditions of Approval in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Planning and Zoning Commission's authority as provided in Meridian City Code § 11-9-4 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's AUP Site Plan is hereby conditionally approved; and 2. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by this decision may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Exhibits Exhibit A: Legal Description Exhibit B: Approved Conceptual Site Plan Exhibit C: Accessory Use Permit Findings CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER recF i.Tnie� ATTP_(ld_f11F _ P4f;F � „f� By action of the Planning and Zoning Commission at its regular meeting held on the IMC- day of 6o�-k 5 COMMISSION MEMBER DAIVD ZAREMBA VOTED Ecs COMMISSION MEMBER KEITH BORUP VOTED tj 0 COMMISSION MEMBER DAVID MOE VOTED y,ch COMMISSION MEMBER WENDY NEWTON-HUCKABAY VOTED 1466 COMMISSION MEMBER MICHAEL ROHM Attest: William G. Berg, Jr., Copy served upon Applicant, The and City Attorney. kvid Zar=fba VOTED_ Department, Public Works Department By: Dated: 2 1'8 - 0 S City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ('.ACF NCNCI AT1P.04-A16. PAC}F.1 of A EXHIBIT "A" Legal Description Galushkin Daycare (AUP-04-016) Lot 11 in Block 4 of Finch Creek Subdivision, according to the official plat thereof, filed in Book 70 of plats at Pages 7218 and 7219, and as amended by affidavit recorded December 6, 1996 as Instrument Number 96100255, Records of Ada County, Idaho. EXHIBIT "B" Conceptual Site Plan Galushkin Daycare (AUP-04016) z� ir:aa . i t f i, t EXHIBIT "C" Accessory Use Permit Findings Galushkin Daycare (AUP-04-016) Family Childcare Home Standards (MCC 11-94B2)- The following standards are listed as minimum requirements for the establishment of a Family Childcare Home: a. Secure and maintain a childcare license from the Idaho State Department of Health and Welfare, Childcare Licensing Division, if required. b. Acquire an occupancy certificate and/or building permit. c. Provide one off-street parking space per employee which may be in the driveway of the home. d. Provide for child pickup area located off of arterial or collector streets. e. Provide for screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties. f. Provide a fence of appropriate height/construction, to enclose play areas, protecting children from traffic on arterial or collector streets. The Commission finds that all provisions of MCC 11-94B2 will be met. Home Occupation Standards (MCC I I -9-4B3)- The following are listed as minimum requirements for the establishment of a Home Occupation: a. No persons other than members of the family residing on the premises shall be engaged in such occupation, b. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than twenty five percent (25%) of floor area of the dwelling unit shall be used in the conduct of the home occupation. c. No article shall be sold or offered for sale on the premises except such as is produced by the occupants on the premises and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic ,use. d. No significant traffic shall be generated by such home occupation, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this Title and shall not be located in a required front yard. e. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in other than a single-family residence. f. In no way shall the appearance of the residence be altered nor the occupation be conducted in a manner which would cause the premises to differ from its residential character in the use of construction, lighting, signs and in the emission of noise, fumes, odors, vibrations or electrical interference. The Commission finds that all provisions of MCC 11-94133 will be met. Page 1 of 1 Kristy Vigil From: Kristy Vigil [vigilk@meridiancity.org] Sent: Thursday, February 10, 2005 3:25 PM To: 'Bower (bowersk@ci.meridian.id.us)' Subject: Daycare for 5 or fewer inspection Kenny, I have given P&Z approval for a family daycare for five or fewer children located at 2843 N. Wolverine Avenue. Please contact Marina Galushkin at 888-6297 for an inspection. Thank you, Ylr�wy V4 y4"i4ta it CWy Plaww" MeraUa*v Pla w .a o £. r Zanin* 208-884-5533 2/10/2005 c y a? 0 O p O ,.'C. ci� ❑ w w a� co cz N Ofi� 'dOd,. CO kn t.. ,0 Hj N OCd co 4. WO d rn +� ✓` c� v t. (D h . U Q ' i c� 4. Ln aai 1 0�m >o� ¢moo �o q c p 4= [X cd NO O U g O Q y N v s. U ..�'� C.,fn N U U C U .0 U U 4-i O :'U cd w kF cqs .0 03 a=U3&.��a4, un N..�0-- cd w U O O U `C O sn. C cC G bo bA bA 3 .0 Qo 0 0 Q Z y °O O Q �t Z b .. �. O U M V 'dam y cCtl`.O� �eCIS ' y CZ �clo��I'D ZJ� o0 U5 `� .c (D cn a� ' a b ami r ami U y 3o��Oa�obA IO4)to Cd V �Ubo o.'obarv3oa'^Q �• °. a° o� o r 0 0. L)'�'- x"11 w ° ai w . 4, ami ° o a°�i ` p N U "0 O N T.O.{ : O •� U N w b b�U. - O U w :O -> w 'Ti NO W U ,. � O �cd 0 bA rn p O V O� 8 O .0 �" G. ^rt' . •+ tai y MERIDIAN PLANNING & ZONING MEETING January 20, 2005 APPLICANT Marina Galushkin ITEM NO. REQUEST Findings of Fact and Conclusions of Law for Approval - Request for an Accessory Use Permit for a home occupation for a family day care for five or fewer children in a R-8 zone for Marina Galushkin - 2843 North Wolverine Avenue AGENCY COMMENTS AU P 04-016 3-A CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Emailed: See affached Findings Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. -4-;-OSED 4�--CP- '21//3/05- PZ-� CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of In the Matter of a Request for an Accessory Use Permit for a Family Childcare Home for Five or Fewer Children in a R-8 Zone for Marina Galushkin. Case No(s). AUP-04-016 For the Planning and Zoning Commission Hearing Date of. January 4, 2004 VL A. Findings of Fact IUMBARMIR C,it y 0f Tip i ibo ) Hearing Facts City Clerk Office a. A notice of a public hearing was published for two (2) consecutive weeks prior to the Planning and Zoning Commission public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record ( the property. The notice of public hearing before the Planning and Zoning Commission was posted upon the property under consideration more than one week before said hearing. "— The matter was duly considered by the Planning and Zoning Commission at the January 4, 2004, public hearing. The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meetin;;�� tes (for ora anon ! ( -_ 2. Process Facts a. There has been compliance with all notice and he rorth in Idaand Meridian City Code § § 11 evidenced by theAffidavit of Mailing, and the Affidavit of Publication an Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report for the subject application, it is hereby verified that the property owners of record at the time of issuance of these findings are Aleksandr and Marina Galushkin. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for this application. B. Conclusions of Law 1. The City of Meridian shall exercise th es -se ed upon it by the "Local Land Use Planning Act of 1975," codified Chapter 65, Title 67, I aho Code (I.C. §67-6503). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AUP-04-016 - PAGE 1 of 3 2. The Meridian Planning and Zoning Commission takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the Planning and Zoning Commission pursuant to Meridian City Code §Meenggiven 4. Due consideration hastothe comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Conceptual Site Plan, not dated, as shown in Exhibit B and the Conditions of Approval in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order 1Gt�tN1nAo& AVk CftWtt y� OA' Pursuant to the, cil' au on y as rovi e in Men ian ity Code § and based on the above and foregoing i ' gs of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's_JP_UP Site Plan is hereby conditionally approved; and 2. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by this decision may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Exhibits Exhibit A: Legal Description CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AUP-04-016 - PAGE 2 of 3 Exhibit B: Approved Conceptual Site Plan Exhibit C: Accessory Use Permit Findings By action of the Planning and Zoning Commission at its regular meeting held on the day of 12004. COMMISSION MEMBER DAIVD ZAREMBA VOTED COMMISSION MEMBER KEITH BORUP VOTED COMMISSION MEMBER DAVID MOE VOTED COMMISSION MEMBER WENDY NEWTON-HUCKABAY VOTED COMMISSION MEMBER MICHAEL ROHM VOTED Chairman David Zaremba Attest: William G. Berg, Jr., City Clerk Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By: City Clerk Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AUP-04-016 - PAGE 3 of 3 EXHIBIT "A" Legal Description Galushkin Daycare (AUP-04-016) Lot 11 in Block 4 of Finch Creek Subdivision, according to the official plat thereof, filed in Book 70 of plats at Pages 7218 and 7219, and as amended by affidavit recorded December 6, 1996 as Instrument Number 96100255, Records of Ada County, Idaho. EXHIBIT "B" Conceptual Site Plan Galushkin Daycare (AUP-04-016) EXHIBIT "C" Accessory Use Permit Findings Galushkin Daycare (AUP-04-016) Family Childcare Home Standards (MCC 11-94132)- The following standards are listed as minimum requirements for the establishment of a Family Childcare Home: a. Secure and maintain a childcare license from the Idaho State Department of Health and Welfare, Childcare Licensing Division, if required. b. Acquire an occupancy certificate and/or building permit. c. Provide one off-street parking space per employee which may be in the driveway of the home. d. Provide for child pickup area located off of arterial or collector streets. e. Provide for screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties. f. Provide a fence of appropriate height/construction, to enclose play areas, protecting children from traffic on arterial or collector streets. The Commission finds that all provisions of MCC 11-9-4B2 will be met. Home Occupation Standards (MCC 11-9-4B3)- The following are listed as minimum requirements for the establishment of a Home Occupation: a. No persons other than members of the family residing on the premises shall be engaged in such occupation, b. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than twenty five percent (25%) of floor area of the dwelling unit shall be used in the conduct of the home occupation. c. No article shall be sold or offered for sale on the premises except such as is produced by the occupants on the premises and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use. d. No significant traffic shall be generated by such home occupation, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this Title and shall not be located in a required front yard. e. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in other than a single-family residence. f. In no way shall the appearance of the residence be altered nor the occupation be conducted in a manner which would cause the premises to differ from its residential character in the use of construction, lighting, signs and in the emission of noise, fumes, odors, vibrations or electrical interference. The Commission finds that all provisions of MCC 11-9-4B3 will be met. __ , ,nA94 Nom. January 6, 2005 ATTIN. City of Meridian Zoning and Planning RE: Public Hearing AUP 04-016 I am against the request for an Accessory Use Permit for the day cam proposed at, 284' ) is Wolverine. This address is 3 houses away fro rn mine and I believe that the increased traffic and loss of value for my own property is not fair just so someone can privately profit out of their ourn home, We are zoned R-8 for a reason. There should be no exceptions made. I am sure that a "dayeare"is already being operated out of this house Nvith an unknown amount of customers_..several several at least.... I believe this particular address is already in violation of ordinances and laws for operating avehicic repair/body work shop out of the garage. I have contacted the zoning officer on two occasions and the work still continues. I have seen as many as 5 vehicles with dealer license dates and damage parked there and being worked on. Large trucks and glass companies are constantly making deliveries as well. I apologize that I am not able to be at the meeting in person but have prior engagements. Please do not hesitate to contact me further for any information and please keep me advised of the proms, AUP 04-016 MERIDIAN PLANNING & ZONING MEETING January 6, 2005 APPLICANT Marina Galushkin ITEM NO. % REQUEST Public Hearing - Accessory Use Permit for a home occupation for a family day car R-8 zone for Marina Galushkin - 2843 North Wolverine Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: No Comment MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: See attached Comments CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: No Comment SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: See letters from concerned citizens Contacted: Date: Phone: Emailed: Staff Initials: — Materials presented at public meetings shall become property of the City of Meridian. MAYOR LEGALDEPARTMENT Tammy de WeerdIr (208) 466-9272 -Fax 466-4405 CITY OF CITY COUNCIL d ILL MEMBERS -` PUBLIC WORKS Keith ", BUILDING DEPARTMENT Christine Donnell +'� y t� (208) 898-5500 • Fax 898-9551 Shaun Wardle IDAHO Charles M. Rountree y PLANNING AND ZONING DEPAR MENT •Ire'r-1..... _V i i (208) 884-5533 -FAX 88-6854 MEMORANDUM: Transmittal Date: December 31, 2004 Hearing Date: u ,495 n �4 To: Mayor, City Council and Planning & Zoning Commission tt 0 E C v ., From: Josh Wilson, Associate City Planner, Re: Galushkin, Marina • Accessory Use Permit for a Family Childcare Home for Five or Fewer Children at 2843 N. Wolverine Avenue, in the Finch Creek Subdivision, located in a R-8 zone, by Marina Galushkin (File No. A UP -04-016). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant, Marina Galushkin, has requested approval of an jJP) for the establishment of a in order to care forr ,W: ��r.e*�pw,day at 28431. Wolves =Avowd, in the Finch Creek Subdivision. .. The Planning and Zoning Commission is required to hold a hearing for an 4Wjf-*ft any _%W-wl Objections to the proposed AUP are required to be submitted within a Poom Ahat begins on the first day of notice publication in the Valle News. The planning and p Y p � g zoning staff has received three( ' t Y AwsfismW— Ordinances pertaining to Accessory Use Permits and "Family Childcare Homes" are located in sections 11-94A and 11-9-4B2 of the MCC. LOCATION The property is located at 2843 N. Wolverine Avenue, approximately 1/4 mile south of Ustick Road and 1/2 mile west of Locust Grove Road. ik ., 0 n� I (�Gl Q.v,1✓1 P5 eTl0k_�4 1 AUP-04-016 Galushldn.AUP.doc /0*141 n Planning & Zoning Commission/Mayor & City Council January 6, 2005 (Hearing Date) Page 2 ADDITIONAL BACKGROUND INFORMATION Family Childcare Home Standards (MCC 11-9-4B2)- The following standards are listed as minimum requirements for the establishment of a Family Childcare Home: a. Secure and maintain a childcare license from the Idaho State Department of Health and Welfare, Childcare Licensing Division, if required. b. Acquire an occupancy certificate and/or building permit. c. Provide one off-street parking space per employee which may be in the driveway of the home. d. Provide for child pickup area located off of arterial or collector streets. e. Provide for screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties. f. Provide a fence of appropriate height/construction, to enclose play areas, protecting children from traffic on arterial or collector streets. The applicant has stated in their not goagd for this facility and that they have applied for an occupancy certificate. Staff finds that the submitted site plan Home Occupation Standards (MCC 11-9-4B3)- The following are listed as minimum requirements for the establishment of a Home Occupation: a. No persons other than members of the family residing on the premises shall be engaged in such occupation, b. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than twenty five percent (25%) of floor area of the dwelling unit shall be used in the conduct of the home occupation. c. No article shall be sold or offered for sale on the premises except such as is produced by the occupants on the premises and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use. d. No significant traffic shall be generated by such home occupation, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this Title and shall not be located in a required front yard. e. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in other than a single-family residence. f. In no way shall the appearance of the residence be altered nor the occupation be conducted in a manner which would cause the premises to differ from its residential character in the use of construction, lighting, signs and in the emission of noise, fumes, odors, vibrations or electrical interference. AUP-04-016 Galushldn.AUP.doc Planning & Zoning Commission/Mayor & City Council January 6, 2005 (Hearing Date) Page 3 The applicant has stated in their application that all provisions of MCC 11-9-4B3 will be met. Letters of Objection- As mentioned above, staff has received 3aftbiftfaw to the proposed daycare. The objections stem from concerns about the 'I the Per Meridian City Code 11-9-4B3(f), referenced above, —10"i iiijow_wmi I in, and any that existing signs must be removed from the property. Public testimony should be considered in order to determine if the proposed daycare use will adversely affect other properties through noise, increased traffic, or other means. Staff is aware that the applicant has been has been . The daycare has been RECOMMENDATION Staff recommends f the submitted Accessory Use Permit (AUP-04-016). The Planning and Zoning Commission should rely upon public testimony to determine if the development will adversely affect the other property in the vicinity. • 'jj L �-rT =mss � O F�1 �f � o� �--roF->` 'bFh-bL. ►,J s ?VPL16. Okia5i- • �UtTtz-&L, AUP-04-016 Galushldn.AUP.doc Pe'- &a"h v sly H tc es �)c v- userm4- T 0 whom, 1 � Wel own -Fire pvvpevf i,, a+ Woluev-(ne , d(Yec+IN v)exi- d L)or i -v fhe Sulo` LOCl— Z d0 Nod- �'e ve v- c4 cc (�,lavevj . 1+ is vnL� w6evs-4avidcoy 4ha+ NeTF-- , -the oj�P,��"o�S � �u�.l�) �4s 3 of hem owe amA, Erna Vi nq 1�v owvl (ouple o�-F6,ese Gve scWoc)l ctyej �C�v�✓, 5 + 5 = �o is Gloi- o� k -(-ds cv) ct (lvwte sum�e�- -r-� hc�5 Iso �c�vne +� v'lj QpQrGt�UYS CN'1Guv�U�alvSl�k�, �;1cc� ��r�[��Se�1l,�N011ter� gnome avAc� �vi-I-e"ded-�J Slavla alovv 1�v5��ss � O�pevt Upon - Fri c[oW 5u� a�qd SWjq�s Ids WS i5 pvtmQvj(O a ve-src@ewfial 56c how G� CammevE�al veo4-vim i5 SviiZ,blt I`nG✓ mu ff v v�v� be est GJ i un, , Z do V1o�- find fk-5 eppltea-FlUn Spit -uric (� boA -FtiV- +�Iis V\@iy hbvh0o 4 , K El,Sabefh k,�cf)v)ey q�gss8 Cr CENTRAL DISTRICT CENTRAL DISTRICT HEALTH DEPARTMENT Retum to: HEALTH Environmental Health DivisioREC IV Ll Boise DEPARTMENT DEC - 9 2t ❑ Eagle Rezone # cit Garden City of Meridian Meridian c>Ity Conditional Use # ❑ Kuna Preliminary / Final / Short Plat ❑ ACZ 9,W1© ©/ ❑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 ❑ beverage establishment ❑ grocery store ❑ 14. Please see attached stormwater management recommendations ❑ 15. Xchild care center D. �P/ Reviewed4-1 �/ ,,". K 15726.001EH0904 Review Sheet i -a ACHD AdaCountyffighwayDistrict 1VM1V1V Right -of -Way & Development Department Planning Division DATE: 12/15/04 RECEIVED TO: City of Meridian DEC 16 ZU04 City of MeridianFROM: Karen Anderson City Clerk Offic SUBJECT: No review / Comply With John S. Franden. President Ada County Highway District David E. Wynkoop, 1st Vice President Garden City ID 837146447 Susan S. Eastlake, 2nd Vice President Phone (208) 387-6100 Sherry R. Huber, Commissioner FAX (208) 387-6391 David Bivens, Commissioner E-mail: tellus@,ACHD.ada.id.us December 13, 2004 TO: Alex & Mariana Galushkin 2843 N Wolverine Ave Meridian, ID 83642 SUBJECT: MAUP-04-016 Day Care Facility 2843 N Wolverine Ave In response to your request for comment, the Ada County Highway District (ACHD) staff has reviewed the submitted application and site plan for the item referenced above. It has been determined that the Right -of -Way and Development Services Department does not have any site specific requirements for you at this time due to the fact that the proposed application: ➢ Is part of Finch Creek Subdivision which was approved by ACHD on July 5, 1995 ➢ The same Conditions and Requirements also apply to MAUP-04-016 ➢ All improvements are constructed at this time. If the site plan or use should change in the future, ACHD will review the site plan and may require improvements to the transportation system at that time. A traffic impact fee will not be assessed by ACHD. If you have any questions, please feel free to contact me at (208) 387-6171. Sincerely, Karen Anderson Planner 1, Planning Division Right -of -Way and Development Services cc: Project File, Construction Services, Drainage, Utilities Meridian City u.6-ca-cuu4 io:cc From-GROuP ONE N December 29th, 2004 To whom it may concern; +4222799^ �o\ (� V�GL i T-155 15.0011001 This letter is written in reference to 28fr ,'dor-, Wolverine Avenue, app;ication by Marina GalUshkin for Accessory Use Permit for an in home daycare facility. I am a licensed Real Estate agent in the state of Idaho. C-767 1 have advisers the OlaosE family to oppose the issuance of an Accessory Use Permit as the issuance of said permit will adversely affact their property value. A Weet traffic generating business next to a residential home is an adverse material $act that must be disclosed:,, to potential buyers. Given actual and pract6cai experience with real Estate valuations, homes adjacent to or in the irrrmedsr-S.iate area n small ho d based day care facilitia3s are devalued in comparison to market comparable properties by as much as 10%. This would equate to approximas.�ply a12,5DO in actual and immediate damages to the Olacsi family. The reasons driving the decrease in value ares 1) Increase ;n street traffic_ 2) Increase: in area noise from street traffic, and playground activity. 8) Disruption of the integrity of the residentia arena. 4) Ovsrali reduction in quality of life given Meso factors, In the interest of protecting the Olacsi fami;y It is my recommendation the City of Meridian reject tile application for the Accessory Use Permit. Yours sincerely, Steve Barbey A ww. YourldahoHnme.com Group One Real Estate Office: 208-422-2727 cell: 208-989-s i m toll free: 888-IDAh10-,44 email; sbarbeyOYOUrldahoHome.com RECEIVRD DEC 3 0 2004 CITY OF MERIDIAN CIN CLERK OFFICE r55r3 ShE)rclhx; r)rivo, S+.jile 150 tui e, tLa 63703 �OS 3 �3 r3c,3 f.�:_ �I)5-�:;�•�?�5 565 Myrtle, Suile 2_^,0 • 130i -SC, ID 83702 • �rj3-'�$a-:,q(70 • RIX; 206-287 -GC)03 Ci Cif P"VCrs!l()r<; 1.,i. • L591C, ID 336te3 • 208 -939-8000 • ril.x 208-422-2791.) �,�vwv.};rr;31j)-ru•aC. Cul � � Ile-Olt os • Cs-c�i s h, s . P , 4z -- -- - - -- - - - _f GILIe , n Gni n / r , n ' f RECEIvEn DEC 3 0 2004 CITY OF MERIDIAN CITY CLERK OFFICF _ '.mac. S »."���■� �. �'1 T RANSMi I! ALS 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 Cleric's Office Attn: Wiii Berg, City Cleric, by: December su, 2004 Transmittal Date: December 2, 2004 Hearing Date: January 6, 2005 riie €vo.: AUP 04-016 Request: Accessory Use Permit for a family daycare for five or fewer children in a R-8 zone for marina vaiusmcin By: Marina Gaiushlxin Location of Properly or Project: 2843 North Wbiverine Avenue ilavirt 7nremhay P/7 !Nn FPl iUlarir}inn firhnni District ovo FP! David Moe, P/Z (No FP) Meridian Post Office (FPRP only) Wendy Newton-Huckaba;, PiZ (No FP) Ada County Highway District Michael Rohm P/7 auo FPI Aria (_mlinty nevelnnmant �prvirrpc Keith Borup, P/Z (No PP) Central District Health Tammy de Weerd, Mayor Nampa Meridian Irrig. District Charlie Pnwintrea C/C`. 5',Qttipr-, irrinatinn District Christine Donnell, C/C Idaho Power Co. (FP1PP only) Keith Bird, C/C Qwest (FP,'QP omy) fihal„n Wardle C/C. intprmnrintnin Gas (FP PP cuRl Water Department Sewer Department Sanitary Service (No YAR, vAC, F):,) Building Department Fire Department Police Department City Attorney sty Engineer City Planner Parks Department Your Concise Remarks: Bureau of Reclamation g--P1PPonty) Idaho Transportation Department (rlo FP) Ada County Lancs Records Meridian Development Corporation: Historical Preservation Commission 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk Office Fax (208) 888-4218 • Human Resources Fax (208) 884-8723 • Finance & Utility Billing Fax (208) 887-4813 W A" LEGAL DEPARTMENT MAYOR A (208) 466-9272 • FAX 466-4405 Tammy de WeerdCITY of j'_..( .. PARKS & RECREATION CITY COUNCIL MEMBERS (208) 888-3579 •Fax 898-5501 Shaun Wardle PUBLIC WORKS (208) 898-5500 • Fax 887-1297 IDAHO ►° William L. M. Nary ti % ice BUILDING DEPARTMENT Charles M. Rountree roTFR ° n�/l (208) 887-2211 • Fax 887-1297 Keith Bird TREASURE \Vl SINCE 11903 PLANNING & ZONING (208) 884-5533 • Fax 888-6854 T RANSMi I! ALS 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 Cleric's Office Attn: Wiii Berg, City Cleric, by: December su, 2004 Transmittal Date: December 2, 2004 Hearing Date: January 6, 2005 riie €vo.: AUP 04-016 Request: Accessory Use Permit for a family daycare for five or fewer children in a R-8 zone for marina vaiusmcin By: Marina Gaiushlxin Location of Properly or Project: 2843 North Wbiverine Avenue ilavirt 7nremhay P/7 !Nn FPl iUlarir}inn firhnni District ovo FP! David Moe, P/Z (No FP) Meridian Post Office (FPRP only) Wendy Newton-Huckaba;, PiZ (No FP) Ada County Highway District Michael Rohm P/7 auo FPI Aria (_mlinty nevelnnmant �prvirrpc Keith Borup, P/Z (No PP) Central District Health Tammy de Weerd, Mayor Nampa Meridian Irrig. District Charlie Pnwintrea C/C`. 5',Qttipr-, irrinatinn District Christine Donnell, C/C Idaho Power Co. (FP1PP only) Keith Bird, C/C Qwest (FP,'QP omy) fihal„n Wardle C/C. intprmnrintnin Gas (FP PP cuRl Water Department Sewer Department Sanitary Service (No YAR, vAC, F):,) Building Department Fire Department Police Department City Attorney sty Engineer City Planner Parks Department Your Concise Remarks: Bureau of Reclamation g--P1PPonty) Idaho Transportation Department (rlo FP) Ada County Lancs Records Meridian Development Corporation: Historical Preservation Commission 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk Office Fax (208) 888-4218 • Human Resources Fax (208) 884-8723 • Finance & Utility Billing Fax (208) 887-4813 Aug.30. 2004 2:42PM^ No.5300 P- 1/8 APPLICAN ADDRESS: 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 PERMIT APPLICATION �CS�11C1� t ltits�ik►� PHONE: '37 f - ) 7 !� 3 FAX: U� - �P?A 1 E-MAIL: k/U I �ef on iq % Al Pom OWNER(S) OF RECORD: _ A C AAa tria, �51�l�►n k t ✓� ADDRESS: 2N 3 jo. W A Py- ng Y-ry il= . PHONE: "(D2q% FAX: t VVL2. E-MAIL: Ili% tuo-vitW /OK GENERAL LOCATION: LEGAL DESCRIPTION OF PROPERTY (Attach description if lengthy SIZE OF PARCEL OR LOT: t 444 Acm ZONING CLASSIFICATION: —D PROOF OF OWNERSHIP: Copy of property deed must be attached, with option agreement and notarized consent of owner if applicant is not legal owner. VICINITY SKETCH: A vicinity map at a scale approved by the City showing property lines, adjacent uses, streets existing and such other items as the City may require. (Can be obtained from Planning & Zoning Dept) SITE PLAN: Must show boundaries of property, floor plan of house, area intended for accessory use, and parking and yard areas. SURROUNDING PROPERTY OWNERS: Provide a list of names and addresses of all abutting property owners. Abutting land includes parcels across the street on alleys and kitty corner from property, including where a street or alley is between your property and the other property. (List must be obtained from the Meridian Planning & Zoning Department) DESCRIPTION OF REQUESTED ACCESSORY USE: TO h"f (.', CJ& &AAC 1 v7 1 IYU 6 I,-, Y e 1- - 0 `� 7 FEE: $150.00 Rev. 1124103 Aug.30. 2004 2:42PM^ N o . 5 3 0 0 P- 2/8 1. Use made of all abutting lots or parcels: 2. Are there other accessory uses of a similar nature in the area? If so, state the location and the accessory use: 1,119 Possible adverse impacts on adgacen�j}�roperty such as nois , traffic excess light, odor, etc.:_ iVtOf#1i+�1 ft 0.60 .� �F�f�.rYl..OtJ7�► 1 �A 1 up ��� /uL� 4. Do you agree to pay increased sewer, water or trash fees if such are required due to increased use? i,/t.S 5. If the accessory use includes construction of a building on the lot or parcel, complete the following: !' a. Will all parts of the accessorybuilding be located within the lot or parcel? b. Is the primary building already constructed? C. Is the accessory building to be attached to the primary building? d. Will the accessory building be constructed in the rear yard of the primary building?_ e. Will the accessory building occupy less than 40% of the required rear yard for the primary structure? f. Ifthe answer to the above is no, will the accessory structure be connected to the primary structure and will both the primary and accessory structure then meet all yard and court requirements? g. Does the height of the accessory building exceed 15 feet? h. If the lot or parcel is zoned commercial, is any abutting property zoned residential and, if so, will the accessory use occupy any of the front yard? 6. If the accessory use is for a Family Child Care Home, complete the following: a. Is a State of Idaho basic day care license required for this type of facility? If so, attach a copy of your license. b. Have you QVJje,,d for or received an occupancy permit? If so, attach a copy of your application or permit. C. Is one off-street parking space per employee provided? W-12 d. If the home is located pn an .arterial or collector, is an off-street child pick-up area provided? 9 � e. Is screening of adjacent properties provided.? 115 f. Is the play area for the children fenced from stre6ts and neighbors? -40– If If so, what is the fence height and type of construction? 7. If the accessory use is for a home occupation, complete the following: IV a. Are only family members residing in the principal residence? ut; b. Is the use of the residence as a home occupation incidental andsub ate to its use as a residence? \W7 C. Will the home occupation use more than 25% of the floor area of the dwelling? -26 d. Will any item be offered for sale that is not produced by the dwelling occupants of the premises? N D 2 Rev. 1/24/03 Aug -30. 2004 2:43PM,,, —.-� No -5300 P. 3/8 e. Will mechanical or electrical equipment be installed or maintained other than such as is customarily incidental to domestic use? JVQ f. How much traffic will be generated by the occupation? g. Will off-street parking requirements be met? %Q$ h. Will off-street parking requirements be located in a required front yard? i. Will equipment or processing create noise, vibrations, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot? ufl 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 inthe use of construction, lighting, signs d in the emission of noise, fumes, odors, vibrations or electrical interference? I hereby certify that the information contained herein is true and correct. STATE OF IDAHO ) ss. County of Ada SIGNATURE: C�7 DATE:.. 10 - Z - On this day of , 200 L6efore me, the undersigned, a Notary Public in and for said State, personally appeared , known, or proved to me, to be the person(s) whose name(s) is (are) subscribed to the within instrument, and acknowledged to me that he/she/they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and vear in this certificate first above written "'puaaaa Y (SEAL) m s °°•9* OF IDsee oos**.a► No Public for aho 7- Residing at: My Commission Expires:___ Rev. 1124/03 When recorded return to: FHHLC - POST CLOSING MAIL ROOM 10741 KING WILLIAM -MAIL CODE 6708 DALLAS, TX 75220 IDAHO OPEN-END DEED OF TRUST AND FIXTURE FILING (Securing Future Advance) 0043972280 THIS IS A HOME EQUITY CREDIT LINE DEED OF TRUST DEFAULT ON PAYMENTS MAY RESULT IN THE LOSS OF YOUR HOME FUTURE ADVANCES: We and you, as these terms are defined below, and the following additional parties have agreed that we may make advances and readvances secured by this Deed of Trust from time to time at your request and the request of other parties, if any, identified above. RIGHTS AND OBLIGATIONS OF THE BORROWER: Pursuant to this Deed of Trust and the Home Equity Line of Credit Agreement and Disclosures under the Federal Truth -in -Lending Act dated the same date as this Deed of Trust (the "Agreement") and secured by it, you have a right to obtain advances from time to time to be secured by the Property described below. This right to obtain advances may be terminated as described in the Agreement. You have certain duties under the Agreement and this Deed of Trust, which include the obligation to make timely monthly payments, to perform all of your obligations under any lien that has priority over this Deed of Trust, to keep the Property insured and free of 'subsequent liens that may obtain priority over this Deed of Trust, to preserve and maintain the Property, and not to transfer the Property or an interest in it without our prior written consent. CONSEQUENCES OF DEFAULT: If you default as defined in the Agreement, we will have certain rights as set forth in this Deed of Trust to -protect our amounts due under the Agreement and this Deed of Trust. If such amounts are not paid, we may foreclose this Deed of Trust and sell the Property. In addition, if you fail to perform any other obligation under this Deed of Trust or the Agreement, we may (i) suspend your right to obtain further cash advances under the Agreement or (ii) reduce your credit limit. THIS DEED OF TRUST is made on this 2 3 rd day of June 2003 ID HELOC SECURITY INSTRUMENT PAGE 1 OF 8 FH6D215 The grantor is ALEKSANDR GALUSHKIN & MARINA GALUSHKIN, Husband & Wife whose address is: 2843 NORTH WOLVERINE AVENUE, MERIDIAN, Idaho 83642 The trustee is TRANSNATION TITLE & ESCROW, INC. whose address is: it 0043972280 ("Trustee "), If more than one Trustee is named, any Trustee acting alone has the rights and authority conferred upon the Trustee in this Deed of Trust. The beneficiary is FIRST HORIZON HOME LOAN CORPORATION whose address is 4000 HORIZON WAY, IRVING, TX 75063 In this Deed of Trust, the terms "you," "your" and "yours" refer to the grantor(s). The terms "we", "us" and "our" refer to FIRST HORIZON HOME LOAN CORPORATION and its successors and assigns. Pursuant to the Agreement, you may incur indebtedness in amounts fluctuating from time to time up to the maximum aggregate principal amount of TWENTY THOUSAND ONE HUNDRED & 00/100 Dollars (U.S. $ 20,100.00 ) The Agreement provides for the full debt to be paid by you in full no later than JULY 1, 2023. You agree that this Deed of Trust shall continue to secure all sums now or hereafter advanced under the terms of the Agreement including, without limitation, such sums that are advanced to you whether or not at the time the sums are advanced there is any principal sum outstanding under the Agreement. This Deed of Trust secures to us: (a) the repayment of the debt evidenced by the Agreement, with interest, and all refinancings, renewals, extensions and modifications of the Agreement; (b) the payment of all other sums, with interest, advanced under paragraph 7 of this Deed of Trust to protect the security of this Deed of Trust; and (c) the performance of your covenants and agreements under this Deed of Trust and the Agreement. For this purpose and in consideration of the debt, you irrevocably grant and convey to the Trustee, in trust, with power of sale, the property located in the county of Ada , Idaho. The property herein described is either (a) real property located within an incorporated city or village as of the date of this Deed of Trust, or (b) real property not exceeding forty (40) acres, regardless of its location. LOT 11 IN BLOCK 4 OF FINCH CREEK SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 70 OF PLATS AT PAGES 7218 AND 7219, AND AS AMENDED BY AFFIDAVIT RECORDED DECEMBER 6, 1996 AS INSTRUMENT NO. 96100255, RECORDS OF ADA COUNTY, IDAHO. ID HELOC SECURITY INSTRUMENT PAGE 2 OF 8 FH6D216 i 0043972280 Which property has the address of: 2843 NORTH WOLVERINE AVENUE, MERIDIAN, IDAHO 83642 "Property Address". TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Deed of Trust. All of the foregoing is referred to in this Deed of Trust as the "Property." YOU COVENANT that you are lawfully seised of the estate hereby conveyed and have the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. You warrant and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. YOU AND WE covenant and agree as follows: 1. Payment of Principal, Interest and Other Charges. You shall pay when due the principal and interest owing under the Agreement and all other charges due under the Agreement. 2. Payments of Taxes and Insurance. You will pay, when due, all taxes, assessments, leasehold payments or ground rents (if any), and hazard insurance on the Property and mortgage insurance (if any) . 3. Application of Payments. Unless applicable law provides otherwise, all payments received by us under the Agreement and paragraph 1 may be applied by us first to interest and other charges payable under the Agreement and then to the remaining principal balance under the Agreement. 4. Prior Deeds of Trust; Charges; Liens. You shall perform all of your obligations under any mortgage, deed of trust or other security instruments with a lien which has priority over this Deed of Trust, including your covenants to make payments when due. You shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Deed of Trust or any advance under this Deed of Trust, and leasehold payments or ground rents, if any. Upon our request, you shall promptly furnish to us all notices of amounts to be paid under this paragraph and receipts evidencing any such payments you make directly. You shall promptly discharge any lien (other than a lien disclosed to us in your application or in any title report we obtained) which has priority over this Deed of Trust or any advance to be made under the Agreement or this Deed of Trust. 5. Hazard Insurance. You shall keep the Property insured against loss by fire, hazards included ID HELOC SECURITY INSTRUMENT PAGE 3 OF 8 FH6D217 n 0043972280 within the term "extended coverage" and any other hazards, including floods or flooding, for which we require insurance. This insurance shall be maintained in the amounts and for the periods that we require. You may choose the insurer. Insurance policies and renewals shall be acceptable to us and shall include a standard mortgage clause. If we require, you shall promptly give us all receipts of paid premiums and renewal notices. You shall promptly notify the insurer and us of any loss. We may make proof of loss if you do not promptly do so. Insurance proceeds shall be applied to restore or repair the Property damaged, if restoration or repair is economically feasible and our security would not be lessened. Otherwise, insurance proceeds shall be applied to sums secured by this Deed of Trust, whether or not then due, with any excess paid to you. If you abandon the Property, ordo not answer with 30 days our notice to you that the insurer has offered to settle a claim, then we may collect and use the proceeds to repair or restore the Property or to pay sums secured by this Deed of Trust, whether or not then due. The 30 - day period will begin when notice is given. Any application of proceeds to principal shall not require us to extend or postpone the due date of monthly payments. If we acquire the Property at a forced sale following your default, your right to any insurance proceeds resulting from damage to the property prior to the acquisition shall pass to us to the extent of the sums secured by this Deed of Trust immediately prior to the acquisition. 6. Preservation and Maintenance of Property; Leaseholds. You shall not destroy, damage or substantially change the Property, allow the Property to deteriorate, or commit waste. If this Deed of Trust is on a leasehold, you shall comply with the lease. If you acquire fee title to the Property, the leasehold and fee title shall not merge unless we agree to the merger in writing. 7. Protection of Our Rights in the Property; Mortgage Insurance. If you fail to perform the covenants and agreements contained in this Deed of Trust, or there is a legal proceeding that may significantly affect our rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce the laws or regulations), then we may do, and pay for, anything necessary to protect the Property's value and our rights in the Property. Our actions may include paying any sums secured by a lien which has priority over this Deed of Trust or any advance under the Agreement or this Deed of Trust, appearing in court, paying reasonable attorney's fees, paying any sums which you are required to pay under this Deed of Trust and entering on the Property to make repairs. We do not have to take any action we are permitted to take under this paragraph. Any amounts we pay under this paragraph shall become additional debts you owe us and shall be secured by this Deed of Trust. These amounts shall bear interest from the disbursement date at the rate established under the Agreement and shall be payable, with interest, upon our request. If we require mortgage insurance as a condition of making the loan secured by this Deed of Trust, you shall pay the premiums for such insurance until such time as the requirement for the insurance terminates. 8. Inspection. We may inspect the Property at any reasonable time and upon reasonable notice. 9. Condemnation. The proceeds of any award for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to us. ID HELOC SECURITY INSTRUMENT PAGE 4 OF 8 FH6D218 0043972280 10. You Are Not Released; Forbearance by Us Not a Waiver. Extension of time for payment or modification of amortization of the sums secured by this Deed of Trust granted by us to any of your successors in interest shall not operate to release your liability or the liability of your successors in interest. We shall not be required to commence proceedings against any .successor in interest, refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by you or your successors in interest. Our forbearance in exercising any right or remedy shall not waive or preclude the exercise of any right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co -Signers. The covenants and agreements of this Deed of Trust shall bind and benefit your successors and permitted assigns. Your covenants and agreements shall be joint and several. Anyone who co-signs this Deed of Trust but does not execute the Agreement: (a) is co-signing this Deed of Trust only to mortgage, grant and convey such person's interest in the Property; (b) is not personally obligated to pay the Agreement, but is obligated to pay all other sums secured by this Deed of Trust; and (c) agrees that we and anyone else who signs this Deed of Trust may agree to extend, modify, forbear or make any accommodations regarding the terms of this Deed of Trust or the Agreement without such person's consent. 12. Loan Charges. If the loan secured by this Deed of Trust is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from you which exceed permitted limits will be refunded to you. We may choose to make this refund by reducing the principal owed under the Agreement or by making a direct payment to you. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Agreement. 13. Notices. Unless otherwise required by law, any notice to you provided for in this Deed of Trust shall be delivered or mailed by first class mail to the Property Address or any other address you designate by written notice to us. 14. Governing Law; Severability. This Deed of Trust shall be governed by federal law and, except as preempted by federal law, by the law of jurisdiction in which the Property is located. In the event that any provision or clause of this Deed of Trust or the Agreement conflicts with applicable law, such conflict shall not affect other provisions of the Deed of Trust or the Agreement which can be given effect without the conflicting provision. To this end the provisions of this Deed of Trust and the Agreement are declared to be severable. 15. Transfer of the Property. If all or any part of the Property or any interest in it is sold or transferred without our prior written consent, we may, at our option, require immediate payment in full of all sums secured by this Deed of Trust. However, this option shall not be exercised by us if exercise is prohibited by federal law as of the date of this Deed of Trust. 16. Sale of Agreement; Change of Loan Servicer. The Agreement or a partial interest in the Agreement (together with this Deed of Trust) may be sold one or more times without prior notice to you. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Agreement and this Deed of Trust. There also may be one or more changes of the Loan Servicer unrelated to the sale of the Agreement. If there is a change of the Loan Servicer, you will be given written notice of the change as required by applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any information required by applicable law. ID HELOC SECURITY INSTRUMENT PAGE 5 OF 8 FH6D219 0043972280 17. Hazardous Substances. You shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. You shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use or storage on the Property of Hazardous Substances in quantities that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. You shall promptly give us written notice of any investigation, claim, demand, lawsuit or other action_ by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which you have actual knowledge. If you learn or are notified by any government or regulatory authority, that any removal or other remediation of any Hazardous Substance is affecting the Property is necessary, you shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this Deed of Trust, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this Deed of Trust, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. 18. Acceleration; Remedies. You will be in default if (1) any payment required by the Agreement is not made when it is due; (2) we discover that you have committed fraud or made a material misrepresentation; or (3) you take any action or fail to take any action that adversely affects our security for the Agreement or any right we have in the Property; or (4) any event occurs that permits us to accelerate the amounts due under the Agreement. If a default occurs, we will give you notice specifying: (a) the default; (b) the action required to cure the default; (c) a date not less than 30 days from the date the notice is given to you, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice shall further inform you of any right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense you have to acceleration and sale. If the default is not cured on or before the date specified in the notice, we at our option may require immediate payment in full of all sums secured by this Deed of Trust without further demand and may invoke the power of sale and any other remedies permitted by applicable law. We shall be entitled to all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorneys' fees and cost of title evidence. If we invoke the power of sale, we shall mail or cause the Trustee to mail a statement of breach and a notice of sale to you in the manner prescribed by applicable law. The Trustee shall give notice of sale as required by public advertisement or otherwise for the time and in the manner prescribed by applicable law. The Trustee, without demand on you, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order the Trustee determines. The Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. We or our designee may purchase the Property at any sale. The Trustee shall deliver to the purchaser the Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. The Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, Trustee's ID HELOC SECURITY INSTRUMENT PAGE 6 OF 8 FH6D220 UU439722UU fees plus reasonable attorney's fees; (b) to all sums secured by this Deed of Trust; and (c) any excess to the person or persons legally entitled to it. 19. Release. Upon your request and payment of all sums secured by this Deed of Trust, either the Trustee or we shall release this Deed of Trust without charge to you and mark the agreement "paid" and return the Agreement to you. You shall pay any recordation costs. 20. Substitute Trustee. We, at our option, may from time to time remove the Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the city or county in which this Deed of Trust is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon the Trustee in this Deed of Trust and by applicable law. 21. Possession of the Property. You shall have possession of the Property until we have given you notice of default pursuant to paragraph 18 of this Deed of Trust. 22. Riders to this Deed of Trust. If one or more riders are executed by you and recorded together with this Deed of Trust, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Deed of Trust as if the rider(s) were part of this Deed of Trust. Adjustable Rate Rider Graduated Payment Rider Condominium Rider 1-4 Family Rider X_Planned Unit Development Rider Other(s) (specify) BY SIGNING BELOW, you accept and agree to the terms and covenants contained in this Deed of Trust and any rider(s) executed by you and recorded with it. ---------- ALEY.SANbR GALUSHKIN Grantor MARINA GALUSHKIN Grantor Grantor Grantor ID HELOC SECURITY INSTRUMENT PAGE 7 OF 8 FH6D221 0043972280 STATE OF IDAHO County of ADA On this day of a notary public in and for said county and state, personally appeared ALEKSANDR GALUSHKIN & MARINA GALUSHKIN known or proved to me to be the person(s) who executed the foregoing instrument, and acknowledged to me that he executed the same. In witness whereof I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public residing at: ID HELOC SECURITY INSTRUMENT PAGE 8 OF 8 FH6D470 Aug•30. 2004 2:46P" No.5301 P - 4/9 AFFIDAVIT OF LEGAL INTI -- ST STATE OF IDAHO ) COUNTY OF ADA ) (name) (address) being first duly sworn upon oath, depose and say: (city) (state) 1. That I am the record owner of the property described on the attached, and I grant my permission to: 23,QwAI�6_ 1-1 (name) (address) U cP 3 6.00 % to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property, which is the subject of the application. Dated this ( day of • 200 �` , (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. •eeo@nso t q ,y ,�,o AIQ No Public f aho ® Residing at My Commission Expires: / •®®ese r 3 Rev. 11/03/03 Aug -30. 2004 2;45P,M,11�1 ;� No•5300 P. 8/8 City of Meridian ACCESSORY USE PERMIT Application Checklist (Incomplete applications will not be processed) Applicant: ' Submittal Date: i�wrlli:'' "3PPs C7Li.�sl'blCly! Project: Completion Date 0. n: �eSCM tl CQ1#ililetCtS 1. Completed and signed (notarized) Accessory Use Permit Application t/ 2. Warran deed (recorded) Notarized consent of titled property owners if a licant is not owner Vicinity Ma 5 Site Plan showing boundaries of properly, floor plan of house, area intended for accessory use, and parking and yard areas. List of abutting roe owners 11. Afee: $150.00 W 8 [E--4TFj /1 • -- --- --- -- --- --- -- a � a z a \ U f (1) � � H O 0 LL CL LL_ 0 'Y LL Y O JTT\' W _ U d D C4 z W a 0 Q ` Z • w (� 0 z H W � LU U ILL, \ p ? m o ¢ m ~ F- Z N W Z v ami L a ct- 0. Q Q r N c �;� �� ,-� >� � b duud 16/19/2994 01;23 1 bS898�BOZ r 88886297 ALEX GAL— tKIN BT:LT b0, TO 03G PAGE 81/61 0 i T00c� Njalo A2T3 <- '.Ld3Q Zvd Nviaivaw DCQQ0000n7 vcvj nn. ,T :,,,,� ,t„ .__ lo�� r�77 31 — — --------- ---------For - - -- -- - -- -- —_ o--- --- ---- i r --N Goq +ea(�DstatVe 915 North Cole Road • Boise, Idaho 83704 PCF,WED NOV 2 3 20 CM OF MERmUN i o t,Jhovr -k i mG coy )(Crv) . 11)(S)04 We +V\ -O �,v-uperi� J Iry-Vn 01,0 9 o -F � k o vyw d ci� c ct �,c V)C��- c o o rr �v ✓ `i'� -G i w i v1 Ure o s o h S �) VI 01- � Gtr 1� (4h G� 1% i PJ (1of ry a- evl-I SL>(3,e r --v, SCj r-- C, rl Lv I a. 131 LA F1vxhG-tek Sob - Phone: (208) 376-9000 0 Fax: (208) 323-9075 FROM :Byron Eliabeth Olac/` FAX NO. :884-4918 Nov. 23 2004 12:20PM P2 fir k Jf Qom, i :0 -A 4 CTS nA-- l 6 v F i 1 �r a Wig FROM :Byron Eliabeth Olac,' FAX NO. :884-4918 Nov. 23 2004 12:21PM P3 1 Q 1 -1. 1 u FROM :Byron & Eliabeth Olac� FAX NO. :884-4918 Nov. 23 2004 12:21PM P4 FROM :Byron : Eliabeth Olac! FAX NO. :884-4918 Nov. 23 2004 12:20PM P1 171-J \ - --I- / t / ` 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 Brandy Galushkin 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 2843 N. Wolverine Avenue, 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 Zoning Administrator, City of Meridian, c/o Kristy Vigil, 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 2843 N. Wolverine Avenue is more particularly described as Lot 11, Block 4 of the Finch Creek Subdivision, Meridian, Ada County, Idaho. Any and all interested persons are welcome and invited to submit comments. Dated this 5th day of November, 2004. �j Kri ty Vigil forU Anna Borchers Canning, Zoning Administrator PUBLISH November 91h and 16th, 2004. RADIUS NOTICE REPORT FILE NAME: Brandy 08 -Nov -2004 Owners Owner Address BARBEY THOMAS A 1001 S EAGLE ROCK PL BARBEY BARBARA L EAGLE, ID 83616-0000 Property Address: 2827 N WOLVERINE AVE CRON TRACY A 2260 N TURNBERRY WAY CRON RICHARD J MERIDIAN, ID 83642-1045 Property Address: 814 E FINCH CREEK ST GALUSHKIN ALEKSANDR & 2843 N WOLVERINE AVE GALUSHKIN MARINA MERIDIAN, ID 83642-0000 Property Address: 2843 N WOLVERINE AVE KEENEY DOLAN W 4130 E CHINDEN BLVD KEENEY ELISABETH A EAGLE, ID 83616-0000 Property Address: 2865 N WOLVERINE AVE MARTINSON KEVIN J & 2866 N WOLVERINE AVE MARTINSON MARIE T J MERIDIAN, ID 83642-0000 Property Address: 2866 N WOLVERINE AVE NEWELL LAWRENCE BERT JR 2902 N CAPE COD AVE NEWELL MICHELLE R MERIDIAN, ID 83642-0000 Property Address: 2902 N CAPE COD AVE O'DONLEY LOREN L 589 W TWO RIVERS DR O'DONLEY TERESA M EAGLE, ID 83616-0000 Property Address: 721 E SEDGEWICK ST SCHULER JAMIE L 730 E WAKELY CT SCHULER ROBERT W MERIDIAN, ID 83642-0000 Property Address: 730 E WAKELY CT YARN KARMEN 2919 N MULE DEER WAY YAHN JEREMY W MERIDIAN, ID 83642-0000 Property Address: 2919 N MULE DEER WAY I RADIUS NOTICE REPORT FILE NAME: Marina 30 -Nov -2004 Owners Owner Address BACHMANN LEVI P.O. BOX 5714 2947 N STARLING WAY BOISE, ID 83705-0000 Property Address: E WAKELY CT MERIDIAN, ID 83642-0000 Property Address: 2947 N STARLING WAY BENSON CYNTHIA M BALNG TRUST Property Address: 848 E HAWK ST 864 N 02ND ST PMB 272 ESTES LLC TRUSTEE 896 E HAWK ST EL CAJON, CA 92021-0000 Property Address: 707 E BALDWIN ST BARBEY THOMAS 709 E SEDGEWICK ST 1001 S EAGLE ROCK PL BARBEY BARBARA Property Address: 709 E SEDGEWICK ST EAGLE, ID 83616-0000 Property Address: 732 E HAWK ST BARBEY THOMAS A 1001 S EAGLE ROCK PL BARBEY BARBARA L EAGLE, ID83616-0000 Property Address: 2827 N WOLVERINE AVE BEATY ANNA K 812 E HAWK ST MERIDIAN, ID 83642-0000 Property Address: 812 E HAWK ST BEDFORD PLACE HOA INC P.O. BOX 5714 BOISE, ID 83705-0000 Property Address: E WAKELY CT BENSON REGINALD L & 848 E HAWK ST BENSON CYNTHIA M MERIDIAN, ID 83642-3486 Property Address: 848 E HAWK ST CARLSON BILLIE R & 896 E HAWK ST CARLSON KAREN R MERIDIAN, ID 83642-3486 Property Address: 896 E HAWK ST CORNELL LEE B 709 E SEDGEWICK ST MERIDIAN, ID 83642-0000 Property Address: 709 E SEDGEWICK ST 1 i" -,-N r -ft, Owners Owner Address CRAGGS RONALD S & 864 E HAWK ST CRAGGS TONI A MERIDIAN, ID 83642-3486 Property Address: 864 E HAWK ST GALUSHKIN MARINA CRON TRACY A 2260 N TURNBERRY WAY CRON RICHARD J MERIDIAN, ID 83642-1045 Property Address: 814 E FINCH CREEK ST HAMRICK RICHARD C & DENKERS JEFFREY T & 724 E WAKELY CT DENKERS TERESA K MERIDIAN, ID 83642-0000 Property Address: 724 E WAKELY CT Property Address: DONALDSON NEAL W & DONNA TRUST 2003 W BEDFORD DR DONALDSON NEAL W TRUSTEE BOISE, ID 83705-0000 Property Address: 2924 N CAPE COD AVE HENRY BRAD S DRURY MICHAEL R 688 E WAKELY CT DRURY JENNIFER MERIDIAN, ID 83642-0000 Property Address: 688 E WAKELY CT HERNANDEZ SUAREZ WILLIAM & FINCH CREEK HOMEOWNERS ASSOC 2898 N MULE DEER WAY MERIDIAN, ID 83642-0000 Property Address: E FINCH CREEK ST GALUSHKIN ALEKSANDR & 2843 N WOLVERINE AVE GALUSHKIN MARINA MERIDIAN, ID 83642-0000 Property Address: 2843 N WOLVERINE AVE HAMRICK RICHARD C & 823 E FINCH CREEK ST HAMRICK DEBORAH J MERIDIAN, ID 83642-0000 Property Address: 823 E FINCH CREEK ST HENRY DAWN R 865 E FINCH CREEK ST HENRY BRAD S MERIDIAN, ID 83642-0000 Property Address: 865 E FINCH CREEK ST HERNANDEZ SUAREZ WILLIAM & 801 E FINCH CREEK HERNANDEZ YOLANDA MERIDIAN, ID 83642-2726 Property Address: 801 E FINCH CREEK ST 2 Owners Owner Address r'y HOWERZYL MATTHEW & 710 E WAKLEY CT HOWERZYL JULIE M MERIDIAN, ID 83642-0000 Property Address: 710 E WAKELY CT KEENEY DOLAN W 4130 E CHINDEN BLVD KEENEY ELISABETH A EAGLE, ID 83616-0000 Property Address: 2865 N WOLVERINE AVE KIRK RONALD W 2909 N WOLVERINE AVE KIRK CAROLYN E MERIDIAN, ID 83642-0000 Property Address: 2909 N WOLVERINE AVE MARTIN STEPHEN R 2946 N CAPE COD AVE MERIDIAN, ID 83642-0000 Property Address: 2946 N CAPE COD AVE MARTINSON KEVIN J & 2866 N WOLVERINE AVE MARTINSON MARIE T J MERIDIAN, ID 83642-0000 Property Address: 2866 N WOLVERINE AVE MCCALL DAVID 1520 MARIPOSA WAY FAIRFIELD, CA 94533-0000 Property Address: 725 E WAKELY CT MCHAIL WILLIAM A 2948 N STARLING WAY MCHAIL DOROTHY J MERIDIAN, ID 83642-0000 Property Address: 2948 N STARLING WAY MONTEFERRANTE SHELLY R 847 E FINCH CREEK ST MERIDIAN, ID 83642-0000 Property Address: 847 E FINCH CREEK ST MOORHOUSE MATTHEW B 2887 N WOLVERINE AVE MOORHOUSE CARISSA MERIDIAN, ID 83642-0000 Property Address: 2887 N WOLVERINE AVE MUNSON TIMOTHY E 680 E SEDGEWICK ST MERIDIAN, ID 83642-0000 Property Address: 680 E SEDGEWICK ST 3 Owners Owner Address NEWELL LAWRENCE BERT JR 2902 N CAPE COD AVE NEWELL MICHELLE R MERIDIAN, ID 83642-0000 Property Address: 2902 N CAPE COD AVE O'DONLEY LOREN L 589 W TWO RIVERS DR O'DONLEY TERESA M EAGLE, ID 83616-0000 Property Address: 721 E SEDGEWICK ST PETERSON MATTHEW R JR 708 E HAWK ST PETERSON SHARON P MERIDIAN, ID 83642-0000 Property Address: 708 E HAWK ST PORTER SIDNEY C 910 BONNIE BRAE PORTER TERRY L NAMPA, ID 83651-0000 Property Address: 664 E HAWK ST PRYOR LOIS JUNE 2135 W CHATEAU DR MERIDIAN, ID 83642-0000 Property Address: 665 E SEDGEWICK ST SAILORS KAYLA J 2958 N CAPE COD AVE MERIDIAN, ID 83642-0000 Property Address: 2958 N CAPE COD AVE SCHULER JAMIE L 730 E WAKELY CT SCHULER ROBERT W MERIDIAN, ID 83642-0000 Property Address: 730 E WAKELY CT STEWART THOMAS C JR & 775 E FINCH CREEK ST COOK-STEWART SANDRA MERIDIAN, ID 83642-0000 Property Address: 775 E FINCH CREEK ST STON JOE F TRUST 9901 W CROWN DR BOISE, ID 83709-2410 Property Address: 690 E HAWK ST TOLMAN DAVID O & 2944 N MULE DEER WAY TOLMAN SHELLI A MERIDIAN, ID 83642-0000 Property Address: 2944 N MULE DEER WAY C! Owners Owner Address TROSPER CLIFFORD N & 664 E WAKELY CT TROSPER CARRIE L MERIDIAN, ID 83642-0000 Property Address: 664 E WAKELY CT VICTORY CHRISTOPHER M 2424 E INDIAN CREEK DR MERIDIAN, ID 83642-0000 Property Address: 2932 N MULE DEER WAY WELLINGTON STEVEN C & 838 E FINCH CREEK ST WELLINGTON KAREN S MERIDIAN, ID 83642-0000 Property Address: 838 E FINCH CREEK ST WELSH SCOTT A & 830 E HAWK ST WELSH KATHY MERIDIAN, ID 83642-3486 Property Address: 830 E HAWK ST WIARS CAROLYN J 860 E FINCH CREEK ST MERIDIAN, ID 83642-0000 Property Address: 860 E FINCH CREEK ST WOODARD WADE L 687 E SEDGEWICK ST WOODARD JENNIFER L MERIDIAN, ID 83642-0000 Property Address: 687 E SEDGEWICK ST WOODWARD ROBERT JOSEPH WOODWARD DANIELLE Property Address: 2905 N MULE DEER WAY YAHN KARMEN YAHN JEREMY W Property Address: 2919 N MULE DEER WAY YOUNG LARRY E & YOUNG BRENDA L Property Address: 706 E SEDGEWICK ST 2905 MULE DEER WAY MERIDIAN, ID 83642-0000 2919 N MULE DEER WAY MERIDIAN, ID 83642-0000 706 E SEDGEWICK ST MERIDIAN, ID 83642-0000 :] JAN 03 '05 09:03 FR CITY OF MERIDIAN 208 888 4218 TO P—AND—Z P.01105 00 ...GF ? ._ .... � L• /C- �..� �G�� SLG -1 ��:�� � C . � �� C.'`C./ n - // c/ jc� `r 1 C. 4CC/tr, ECEIVELw - DEC 3 0 2004 CITY OFF MERIDIAN CITY CLERK OFFIrF JRN 03 '05 09:03 FR CITY OF MERIDIAN 208 888 4218 TO P—RND—Z P.02i05 1. T' /N, City of Meridian Development Review Comments Meeting Planner: AV Date: tqdpt Date of List: Project Name: Ill _ 6u, -tit G4 ( . Fire Representative - 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16 17 18 .19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Police Representative: f vii 1 12 13 14 115 6 7 8 9 10 11 12 1 13 14 15 16 17 18 19 Notes: Sanitary Services Representative: J�- 1 12 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Notes: Parks Representative: N 1 12 13 4 15 6 7 Notes: Other Notes: City of Meridian Development Review Comments Meeting Planner: J oSN ti✓ • Date: (2"- 3 -0t Date of List: Project Name: GAd,uS�-- i j ? yvlA-r-i9 A Fire Representative: 1V oLes: �tiv Gv 1tit nt,-� S Police Representative: 1 12 13 14 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Notes: Sanitary Services Representative: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Notes: Parks Representative: 1 2 3 4 5 6 7 Notes: Other Notes: 1 E22 3 4 5 6 7 8 9 10 1EJ-1-2--F-1-3T] 4 15 16 17 18 19 20 21 23 124 125 126 27 28 29 30 31 32 33 34 1V oLes: �tiv Gv 1tit nt,-� S Police Representative: 1 12 13 14 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Notes: Sanitary Services Representative: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Notes: Parks Representative: 1 2 3 4 5 6 7 Notes: Other Notes: TRANSMITTALS i V 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: Whi Berg, City Clerk, by: December 30, 2004 Transmittal Date: December 2, 2004 File No.: AUP U-41-011 -0 Hearing Date: January C, 2005 Request: Accessory Use Permit f©r a family daycare for five or fewer children in a R-5 zone for Marina %aiusnkin By: Marina Galushkin Location of Property or Project: 228-43 North Wolverine Avenue rlavirl 7nrPrnba, A17 W Fp�i David Moe, PIZ (No FP) Wendy Nev.4on-Huckabay, PtZ (ivo Fp) Michael Rohm P/Z (Alb FR) Keith Borup, P/Z (No Fp) Tammy de Weerd, Mayor Charlie Rountree, CIC.. Christine Donnell, C/C Keith Bird, C/C Shaun Wardle, C/C- Water /CWater Department Sewer Department Sanitary Service (No vAR, vAc, FP) :: B "ding Department ire Department ;�; Ponce Department City Attorney City Engineer City Planner Parks Department Your Concise Remarks: Meridian School District 1"OF0,1 Meridian Post Office (Fp)PP only) Ada County Highway District Arta County Development Services Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FPiPP only) Qwest (FP/PP only; Intermountain Comas /FR Rr cupRi Bureau of Reclamation (FPIPPonly) Idaho Transportation Department (No FP) Ada County Ladd Records Meridian Development Corporation Historical Preservation Commission 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk Office Fax (208) 888-4218 • Human Resources Fax (208) 884-8723 • Finance & Utility Billing Fax (208) 887-4813 n � ,lx 1.' MAYOR LEGAL DEPARTMENT Tammy de Weerd +��n� (208) 466-9272 • FAX 466-4405 CITY OF''•,_1 PARKS & RECREATION CITY COUNCIL MEMBERSerl�lcn (208) 888-3579 • Fax 898-5501 Shaun Wardle R, PUBLIC WORKS William L. M. Nary AH / � O �/ (208)898-5500 • Fax 887-1297 Charles M. Rountree tiF �� c / BUILDING DEPARTMENT Keith Bird eN rFR ° (208) 887-2211 • Fax 887-1297 � TREASURE VN-�Y SINCE 7soa PLANNING & ZONING (208) 884-5533 • Fax 888-6854 TRANSMITTALS i V 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: Whi Berg, City Clerk, by: December 30, 2004 Transmittal Date: December 2, 2004 File No.: AUP U-41-011 -0 Hearing Date: January C, 2005 Request: Accessory Use Permit f©r a family daycare for five or fewer children in a R-5 zone for Marina %aiusnkin By: Marina Galushkin Location of Property or Project: 228-43 North Wolverine Avenue rlavirl 7nrPrnba, A17 W Fp�i David Moe, PIZ (No FP) Wendy Nev.4on-Huckabay, PtZ (ivo Fp) Michael Rohm P/Z (Alb FR) Keith Borup, P/Z (No Fp) Tammy de Weerd, Mayor Charlie Rountree, CIC.. Christine Donnell, C/C Keith Bird, C/C Shaun Wardle, C/C- Water /CWater Department Sewer Department Sanitary Service (No vAR, vAc, FP) :: B "ding Department ire Department ;�; Ponce Department City Attorney City Engineer City Planner Parks Department Your Concise Remarks: Meridian School District 1"OF0,1 Meridian Post Office (Fp)PP only) Ada County Highway District Arta County Development Services Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FPiPP only) Qwest (FP/PP only; Intermountain Comas /FR Rr cupRi Bureau of Reclamation (FPIPPonly) Idaho Transportation Department (No FP) Ada County Ladd Records Meridian Development Corporation Historical Preservation Commission 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk Office Fax (208) 888-4218 • Human Resources Fax (208) 884-8723 • Finance & Utility Billing Fax (208) 887-4813 Aug.30, 2004 2:42PM I e-11 APPLIC ADDRESS: 1001*11 N o . 5 3 0 0 P- 1/8 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 PERMIT APPLICATION arl, WE w4n PHONE: 3:11 - I 71i3 FAX: 146 - tf?A I E-MAIL.: K 1-ee on q ® 04 SNe (nom OWNER(S) OF RECORD: A `C9 rU,6LVkn1q Q—AOL,I� l h ADDRESS: 2593 iV. Wp( ey-^ Ave, vi1= PHONE: _ -(o2gi FAX: Vht E-MAIL: IVI A- F-do-Vtit,w /M GENERAL LOCATION: Ll kQX-ru , k av%e- LEGAL DESCRIPTION OF PROPERTY (Attach description if lengthy): SIZE OF PARCEL OR LOT: oa4w Aar- ZONING CLASSIFICATION: —� PROOF OF OWNERSHIP: Copy of property deed must be attached, with option agreement and notarized consent of owner if applicant is not legal owner. VICINITY SKETCH: A vicinity map at a scale approved by the City showing property lines, adjacent uses, streets existing and such other items as the City may require. (Can be obtained from Planning & Zoning Dept) SITE PLAN: Must show boundaries of property, floor plan of house, area intended for accessory use, and parking and yard areas. SURROUNDING PROPERTY OWNERS: Provide a list of names and addresses of all abutting property owners. Abutting land includes parcels across the street on alleys and kitty corner from property, including where a street or alley is between your property and the other property. (List must be obtained from the Meridian Planning & Zoning Department) DESCRIPTION OF REQUESTED FEE: $150.00 USE: TO �WW.F C c lJf1U &&U 10 Rev. 1124103 Aug.30. 2004 2:42PMr� No.5300 P. 2/8 1. Use made of all abutting lots or parcels: _ ga.�j i 2. Are there other accessory uses of a similar nature in the area? If so, state the location and the accessory user% 3. Possible adverse impacts on adj'acenj property such as nois , 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? vle� s 5. If the accessory use includes construction of a building on the lot or parcel, complete the OQ` following: a. Will all parts of the accessorybuilding be located within the lot or parcel? b. Is the primary building already constructed? C. Is the accessory building to be attached to the primary building? d. Will the accessory building be constructed in the rear yard of the primary building?_ C. Will the accessory building occupy less than 40% of the required rear yard for the primary structure? f. If the answer to the above is no, will the accessory structure be connected to the primary structure and will both the primary and accessory structure then meet all yard and court requirements? g. Does the height of the accessory building exceed 15 feet? h. If the lot or parcel is zoned commercial, is any abutting property zoned residential and, if so, will the accessory use occupy any of the front yard? 6. If the accessory use is for a Family Child Care Home, complete the following: a. Is a State of Idaho basic day care license required for this type of facility? If so, attach a copy of your license. b. Have you MWied for or received an occupancy permit? If so, attach a copy of your application or permit. C. Is one off-street parking space per employee provided?�.LQ`� d. If the home is located pn an .arterial or collector, is an off-street child pick-up area provided? AD e. Is screening of adjacent properties provided? lf.p5 f. Is the play area for the children fenced from streits and neighbors? P If so, what is the fence height and type of construction? 6 4, 1,&*6 7. If the accessory use is for a home occupation, complete the following: Ar a. Are only family members residing in the principal residence? U.Q.; b. Is the use of the residence as a home occupation incidental andsu d ate to its use as a residence? S C. Will the home occupation use more than 25% of the floor area of the dwelling?S�L6 d. Will any item be offered for sale that is not produced by the dwelling occupants of the premises? ()1, Rev. 1/24/03 Aug.30. 2004 2:43PM -� N o . 5 3 0 0 P. 3/8 e. Will mechanical or electrical equipment be installed or maintained other than such as is customarily incidental to domestic use? /V0 f. How much traffic will be generated by the occupation? g. Will off-street parking requirements be met? i h. Will off-street parking requirements be located in a required front yard? i. Will equipment or processing create noise, vibrations, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot? t) 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 inthe use of construction, lighting, signs and in the emission of noise, fumes, odors, vibrations or electrical interference? I hereby certify that the information contained herein is true and correct. STATE OF IDAHO ) ss. County of Ada SIGNATURE:C.-] 0P C DATE: U - Z On this '3q day of �C� , 200 Aefore me, the undersigned, a Notary Public in and for said State, personally appeared 'known, or proved to me, to be the person(s) whose name(s) is (are) subscribed to the within instrument, and acknowledged to me that he/she/they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ease■ti�4® (SEAL) ® ' ®T'�',,�j: s . o �tl;,�jgi,1G�O0 eee9 a OFT eee aeo■eee ti No Public for aho Residing at: i My Commission Expires: Rev. 1/24/03 01 a4 -4F- -zk loardr� Por M 7s C5) I L0'3Jbd bS8988880Z 8T:LT b0, TO 33Q 16/19/209a 01;23 88E866297 ALEX GALt,oIKIN PACE 01/01 r -........ �. . ........... T00 (n ` aelo AaTD F 'JddQ Z8d NVT(TT)TgrJ i L i - i n .p"IN GmrdWeu .j WR=eafSMtateW 915 North Cole Road • Boise, Idaho 83704 pcp,wz]D NOV Z 3 2044 CM ViXNNVG & iONMG C) CAJ � j i m v✓te d i a 4-e l � ec Voln('09 C) -F (A, koVYW c1cilc6o'c o 0 V- `i�e ow iV1 �r�CC5 5 ct viv P) 3� e ,- 9 CLI A j c V) r` V ' V)c CS ti Iry pevI t (3,er-�;, L LA F, vxh G-tek Sob- Phone: vb- Phone: (208) 376-9000 • Fax: (208) 323-9075 FROM :Byron & Eliabetk Olac FAX NO. :884-4918 ^ Nov. 23 2004 12:20PM P2 I WON W rf•W-71 "MI Wftl I OrAr-A �Cka 4 w1 PrATqWmKW. ��tbm-- em ad FROM :Byron & Eliabeth OlacF�FRX NO. :884-4918 ^ Nov. 23 2004 12:21PM P3 AJ P r r I" k. t\ Ind M P. 4 t Its W.� r j a Awl trr { I J P-TAL W IA �� FROM :Byron Eliabeth Olac^ FAX NO. :884-4918 Nov. 23 2004 12:21PM P4 9 4r, 1 e ki d FROM :Byron & Eliabeth Olac /"� FAX NO. � :884-4918 Nov. 23 2004 12:20PM P1 0 ,FAM 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 Brandy Galushkin 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 2843 N. Wolverine Avenue, 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 Zoning Administrator, City of Meridian, c/o Kristy Vigil, 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 2843 N. Wolverine Avenue is more particularly described as Lot 11, Block 4 4e Finch Creek Subdivision, Meridian, Ada County, Idaho. Any and al terested persons are welcome and invited to submit comments. Dated this Jay of November, 2004. A C. ' Kri ty Vigil foro Anna Borchers Canning, Zoning Administrator th -31-ISH Novenil and 16, 2004. 10/19/2004 01:23 I 12088886297 ALEX GALUSHKIN PAGE 01/01 r `�__ Ii f _► �� Il r IFATO AM -avOku-A60tu-Z4K10 Fga)6e CA k2Prto IIIA 10/19/2004 01:23 = = = COVER FADE = = = TO: FROM: ALEX GALUSHI I H FAX: 12088886297 COMMENT: o N N ro > a� 1t m 0 a) a U U D W J 1} 43 'r IN N O 0 0 N - 7 a LL ti M 0 LL in a CD �o m B)l Q1 -- 164. d U a'q) u aE 1 46 1 er E ca Owe y� `s in O U W y O X N y� LL I 2 Q L a.i. o .c C _ o d C L - V N d of > o N N ro > a� 1t m 0 a) a U U D W J 1} 43 'r IN N O 0 0 N - 7 a LL ti M 0 LL in a CD �o s Q1 164. u aE 1 46 1 er `s IG I I yi a.i. o .c C _ V N o N N ro > a� 1t m 0 a) a U U D W J 1} 43 'r IN N O 0 0 N - 7 a LL ti M 0 LL in a n - 1 � -I ---- --- f ---1---- 03 t 4�LujiJU60AIJ 00� a w C > � d E m o :° c m ami ---- —--� — 2, a U) .V co h OI N x y h wCO LL Q`U O OU aO t Rl o6 N U 6 0 d z > N O n o 0 N 7 LL LL M 0 LL U) a N c a n E m ro 1 i w OF d NEJ cc a 0 C y r a 0) UOaLu cl I $ � � C _, 0PEl �� — �a - r - -----4i a � i - I I I I i T I I � I I i � I I � I E ct CD v o N r (o N E O r z r N iM i� ILo t Rl o6 N U 6 0 d z > N O n o 0 N 7 LL LL M 0 LL U) a G ohfweu, "earlDtTe 915 North Cole Rood - Boise, Idaho 83704 i 0 (,rhom We 4-e 14 tmwledia +0 cc fi +0 Nvin('09 kovyw dci�ccot ne,�d-doov- f-'ov--- 4z �oi�owivi re5ohs -, viv O-fT, P) Vic e5 Joss oP 4-e�-kc.vf- c�)tAdvev) v- o ev I ) S,--, pe v-u,,- s ed � V- Lam- 113 l o t LA Phone: (208) 376-9000 . Fax.. (208) 323-9075 FROM :Syron Eliabeth Olac?'O'N FAX NO. :884-4918 Nov. 23 2004 12:20PM P2 Lir CY— � 1 4 E r t r C� C" GId �Cb-c:� . CA • � lrw Ia � FROM :Byron & Eliabeth Ola.c?-"', FAX NO. :884-4918 n Nov. 23 2004 12:21PM P3 �' A I - I , JF i viii • Ni � v � �!�►.l�!!aLr�ar.L�i���' 4 WOW k 1 � � 1 P i... rJ �� �/ _ _ � � it r t mss, l J► l� J♦ � v • AV M FAT A FROM :Byron v: Eliabetk OlacF'—I FAX NO. :884-4918 ^ Nov. 23 2004 12:21PM P4 If 4f I -e ---- f 1101) ( IN � !'40 KIP 112 A) DomAn' (& q010A. VICZ _.. e 10 0)(21 VeA-i' T Msad FROM :Byron & E1iabeth Olac:,*-%, FAX NO. :884-4918 Nov. 23 2804 12:20PM P1 cl "^N Ly P1,9010 L-77- -�i o -,i o y -,V- -2 77 4V 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 Brandy Galushkin 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 2843 N. Wolverine Avenue, 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 Zoning Administrator, City of Meridian, c% Kristy Vigil, 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 2843 N. Wolverine Avenue is more particularly described as Lot 11, Block 4 of the Finch Creek Subdivision, Meridian, Ada County, Idaho. Any and all interested persons are welcome and invited to submit comments. Dated this 5th day of November, 2004. , 1. Kri ty Vigil forO Anna Borchers Canning, Zoning Administrator PUBLISH November 91h and 16th, 2004. Aug•30. 2004 2:42PM No -5300 P. 1/8 APPLICA v 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 PERMIT APPLICATION NT: ADDRESS: TG` C,Pe� C-6 4Si�fh`fl� PHONE: I — j FAX: in' 19? -q � E-MAIL: �G` �[eC �g 16) XJ 5A), OWNER(S) OF RECORD: �tx Loknq, 1:�- 1 t� ADDRESS: 25L( 3 to, "-JA'Prr i lits; AVE PHONE: fp)-(c)2 -7 FAX: r S�e (11-e' E-MAIL: Fdt, V i tk.v /bor GENERAL LOCATION: � '"-A _ t &V — LEGAL DESCRIPTION OF PROPERTY (Attach description if lengthy): SIZE OF PARCEL OR LOT: &ao4er Acre- ZONING CLASSIFICATION: PROOF OF OWNERSHIP: Copy of property deed must be attached, with option agreement and notarized consent of owner if applicant is not legal owner. VICII\ITY SKETCH: A vicinity map at a scale approved by the City showing property lines, adjacent uses, streets existing and such other items as the City may require. (Can be obtained from Planning & Zoning Dept) SITE PLAN: Must show boundaries of property, floor plan of house, area intended for accessory use, and parking and yard areas. SURROUNDING PROPERTY OWNERS: Provide a list of names and addresses of all abutting property owners. Abutting land includes parcels across the street on alleys and kitty corner from property, including where a street or alley is between your property and the other property. (List must be obtained from the Meridian Planning & Zoning Department) DESCRIPTION OF REQUESTED FEE: $150.00 USE: To have r4 daq ime i P7 I; c- ,-., 1.v �� Rev. 1124103 Aug 30 2004 2 42PM� ^ No.5300 P - 2/8 1. Use made of all abutting lots or parcels: Re -t (c41tc �� 2. Are there other accessory uses of a similar nature in the area? If so, state the location and the accessory use: A4 1 Possible adverse impacts on adjacent roperty such as noisy , traffic excess light, odor, etc.:_ nlGfiliw�l _C �P;I' l adjacent _24 41-4 UP 4��riF 4. Do you agree to pay increased sewer, water or trash fees if such are required due to increased use? ia6S 5. If the accessory use includes construction of a building on the lot or parcel, complete the ,���` following: a. Will all parts of the accessorybuilding be located within the lot or parcel? b. Is the primary building already constructed? C. Is the accessory building to be attached to the primary building? d. Will the accessory building be constructed in the rear yard of the primary building?_ e. Will the accessory building occupy less than 40% of the required rear yard for the primary stricture? f. If the answer to the above is no, will the accessory structure be connected to the primary structure and will both the primary and accessory structure then meet all yard and court requirements? g. Does the height of the accessory building exceed 15 feet? h. If the lot or parcel is zoned commercial, is any abutting property zoned residential and, if so, will the accessory use occupy any of the front yard? If the accessory use is for a Family Child Care Home, complete the following: a. Is a State of Idaho basic day care license required for this type of facility? If so, attach a copy of your license. b. Have you Vpjied for or received an occupancy permit?� If so, attach a copy of your application or permit. C. Is one off-street parking space per employee provided? VjCj d. If the home is located pn an .arterial or collector, is an 4 -street child pick-up area provided? 0 e. Is screening of adjacent properties provided? 11115 f. Is the play area for the children fenced from strefts and neighbors? If so, what is the fence height and type of construction? &. 7. If the accessory use is for a home occupation, complete the following: AVa. Are only family members residing in the principal residence? Qk& b. Is the use of the residence as a home occupation incidental and subordinate to its use as a residence? \1 bSp C. Will the home occupation use more than 25% of the floor area of the dwelling? --t-6 d. Will any item be offered for sale that is not produced by the dwelling occupants of the premises? K) D 2 Rev. 1124/03 Aug -30. 2004 2:43 -PM No.5300 P. 3/8 e. Will mechanical or electrical equipment be installed or maintained other than such as is customarily incidental to domestic use? /0 f. How much traffic will be generated by the occupation? g• Will off-street parking requirements be met? 'yU h. Will o$=street parking requirements be located in a required front yard? i. Will equipment or processing create noise, vibrations, glare, fumes, odor, or electrical interference detectable to the normal senses offthe lot?_ ,1; I 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 inthe use of construction, lighting, signs and in the emission of noise, fumes, odors, vibrations or electrical interference? VV I hereby certify that the information contained herein is true and correct. STATE OF IDAHO ) ss. County of Ada ISIGNATURE: ve DATE: o - 2 On this day of 200 Aefore me, the undersigned, a Notary Public in and for said State, personally appeared known, or proved to me, to be the person(s) whose name(s) is (are) subscribed to the within instrument, and acknowledged to me that he/she/they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) q � p F p 0 ® o 6 °v o O 17t_uOFI�q ea90 email% Notary Public Residing at:� My Commission Expires: Rev. 1/24/03 N N � 'C Q M 6 — J "1 = a ui v cw Q LL LL_ \ d 0 LL Y z � U w 4 N V QS _: OCL Q. LIJ LLO z w U Z a • c w v w w F - e = "v O Z In 1 U O � � y Z co W { a a a a Q J "1 = When recorded return to: FHHLC - POST CLOSING MAIL ROOM D043972280 10741 KING WILLIAM -MAIL CODE 6708 DALLAS, TX 75220 IDAHO OPEN-END DEED OF TRUST AND FIXTURE FILING (Securing Future Advance). THIS IS A HOME EQUITY CREDIT LINE DEED OF TRUST DEFAULT ON PAYMENTS MAY RESULT IN THE LOSS OF YOUR HOME FUTURE ADVANCES: We and you, as these terms are defined below, and the following additional parties have agreed that we may make advances and readvances secured by this Deed of Trus_ t from time to time at your request and the request of other parties, if any, identified above. RIGHTS AND OBLIGATIONS OF THE BORROWER: Pursuant to this Deed of Trust and the Home Equity Line of Credit Agreement and Disclosures under the Federal Truth -in -Lending Act dated the same date as this Deed of Trust (the "Agreement") and secured by it, you have a right to obtain advances from time to time to be secured by the Property described below. This right to obtain advances may be terminated as described in the Agreement. You have certain duties under the Agreement and this Deed of Trust, which include the obligation to make timely monthly payments, to perform all of your obligations under any lien that has priority over this Deed of Trust, to keep the Property insured and free of Isubsequent liens that may obtain priority over this Deed of Trust, to preserve and maintain the Property, and not to transfer the Property or an interest in it without our prior written consent. CONSEQUENCES OF DEFAULT: If you default as defined in the Agreement, we will have certain rights as set forth in this Deed of Trust to -protect our amounts due under the Agreement and this Deed of Trust. ' If such amounts are not paid, we may foreclose this Deed of Trust and sell the Property. In addition, if you fail to perform any other obligation under this Deed of Trust or the Agreement, we may (i) suspend your right to obtain further cash advances under the Agreement or (ii) reduce your credit limit. THIS DEED OF TRUST is made on this 23rd da of Y June 2003 ID HELOC SECURITY INSTRUMENT PAGE 1 OF 8 FH6D215 0043972280 The grantor is ALEKSANDR GALUSHKIN & MARINA GALUSHKIN, Husband & Wife whose address is: 2843 NORTH WOLVERINE AVENUE, MERIDIAN, Idaho 83642 The trustee is TRANSNATION TITLE & ESCROW, INC. ("Trustee"), whose address is: If more than one Trustee is named, any Trustee acting alone has the rights and authority conferred upon the Trustee in this Deed of Trust. The beneficiary is FIRST HORIZON HOME LOAN CORPORATION whose address is 4000 HORIZON WAY, IRVING, TX 75063 In this Deed of Trust, the terms "you," "your" and "yours" refer to the grantor(s). The terms "we", "us" and "our" refer to FIRST HORIZON HOME LOAN CORPORATION and its successors and assigns. Pursuant to the Agreement, you may incur indebtedness in amounts fluctuating from time to time up to the maximum aggregate principal amount of TWENTY THOUSAND ONE HUNDRED & 00/100 Dollars (U.S. $ 20, 100.00 The Agreement provides for the full debt to be paid by you in full no later than ) JULY 1, 2023. You agree that this Deed of Trust shall continue to secure all sums now or hereafter advanced under the terms of the Agreement including, without limitation, such sums that are advanced to you whether or not at the time the sums are advanced there is any principal sum outstanding under the Agreement. This Deed of Trust secures to us: (a) the repayment of the debt evidenced by the Agreement, with interest, and all refinancings, renewals, extensions and modifications of the Agreement; (b) the payment of all other sums, with interest, advanced under paragraph 7 of this Deed of Trust to protect the security of this Deed of Trust; and (c) the performance of your covenants and agreements under this Deed of Trust and the Agreement. For this purpose and in consideration of the debt, you irrevocably grant and convey to the Trustee, in trust, with power of sale, the property located in the county of Ada Idaho. The property herein described is either (a) real property located within an incorporated city or village as of the date of this Deed of Trust, or (b) real property not exceeding forty (40) acres, regardless of its location. LOT 11 IN BLOCK 4 OF FINCH CREEK SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 70 OF PLATS AT PAGES 7218 AND 7219, AND AS AMENDED BY AFFIDAVIT RECORDED DECEMBER 6, 1996 AS INSTRUMENT NO. 96100255, RECORDS OF ADA COUNTY, IDAHO. ID HELOC SECURITY INSTRUMENT PAGE 2 OF 8 FH6D216 0043972280 Which property has the address of: 2843 NORTH WOLVERINE AVENUE, MERIDIAN, IDAHO 83642 "Property Address". TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Deed of Trust. All of the foregoing is referred to in this Deed of Trust as the "Property. " YOU COVENANT that you are lawfully seised of the estate hereby conveyed and have the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. You warrant and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. YOU AND WE covenant and agree as follows: 1. Payment of Principal, Interest and Other Charges. You shall pay when due the principal and interest owing under the Agreement and all other charges due under the Agreement. 2. Payments of Taxes and Insurance. You will pay, when due, all taxes, assessments, leasehold payments or ground rents (if any), and hazard insurance on the Property and mortgage insurance (if any). 3. Application of Payments. Unless applicable law provides otherwise, all payments received by us under the Agreement and paragraph 1 may be applied by us first to interest and other charges payable under the Agreement and then to the remaining principal balance under the Agreement. 4. Prior Deeds of Trust; Charges; Liens. You shall perform all of your obligations under any mortgage, deed of trust or other security instruments with a lien which has priority over this Deed of Trust, including your covenants to make payments when due. You shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Deed of Trust or any advance under this Deed of Trust, and leasehold payments or ground rents, if any. Upon our request, you shall promptly furnish to us all notices of amounts to be paid under this paragraph and receipts evidencing any such payments you make directly. You shall promptly discharge any lien (other than a lien disclosed to us in your application or in any title report we obtained) which has priority over this Deed of Trust or any advance to be made under the Agreement or this Deed of Trust. 5. Hazard Insurance. You shall keep the Property insured against loss by fire, hazards included ID HELOC SECURITY INSTRUMENT PAGE 3 OF 8 FH6D217 0043972280 within the term "extended coverage" and any other hazards, including floods or flooding, for which We require insurance. This insurance shall be maintained in the amounts and for the periods that we require. You may choose the insurer. Insurance policies and renewals shall be acceptable to us and shall include a standard mortgage clause. If we require, you shall promptly give us all receipts of paid premiums and renewal notices. You shall promptly notify the insurer and us of any loss. We may make proof of loss if you do not promptly do so. Insurance proceeds shall be applied to restore or repair the Property damaged, if restoration or repair is economically feasible and our security would not be lessened. Otherwise, insurance proceeds shall be applied to sums secured by this Deed of Trust, whether or not then due, with any excess paid to you. If you abandon the Property, or. do not answer with 30 days our notice to you that the insurer has offered to settle a claim, then we may collect and use the proceeds to repair or restore the Property or to pay sums secured by this Deed of Trust, whether or not then due. The 30 - day period will begin when notice is given. Any application of proceeds to principal shall not require us to extend or postpone the due date of monthly payments. If we acquire the Property at a forced sale following your default, your right to any insurance proceeds resulting from damage to the property prior to the acquisition shall pass to us to the extent of the sums secured by this Deed of Trust immediately prior to the acquisition. 6. Preservation and Maintenance of Property; Leaseholds. You shall not destroy, damage or substantially change the Property, allow the Property to deteriorate, or commit waste. If this Deed of Trust is on a leasehold, you shall comply with the lease. If you acquire fee title to the Property, the leasehold and fee title shall not merge unless we agree to the merger in writing. 7. Protection of Our Rights in the Property; Mortgage Insurance. If you fail to perform the covenants and agreements contained in this Deed of Trust, or there is a legal proceeding that may significantly affect our rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce the laws or regulations), then we may do, and pay for, anything necessary to protect the Property's value and our rights in the Property. Our actions may include paying any sums secured by a lien which has priority over this Deed of Trust or any advance under the Agreement or this Deed of Trust, appearing in court, paying reasonable attorney's fees, paying any sums which you are required to pay under this Deed of Trust and entering on the Property to make repairs. We do not have to take any action we are permitted to take under this paragraph. Any amounts we pay under this paragraph shall become additional debts you owe us and shall be secured by this Deed of Trust. These amounts shall bear interest from the disbursement date at the rate established under the Agreement and shall be payable, with interest, upon our request. If we require mortgage insurance as a condition of making the loan secured by this Deed of Trust, you shall pay the premiums for such insurance until such time as the requirement for the insurance terminates. 8. Inspection. We may inspect the Property at any reasonable time and upon reasonable notice. 9. Condemnation. The proceeds of any award for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to us. ID HELOC SECURITY INSTRUMENT PAGE 4 OF 8 FH6D218 0043972280 10. You Are Not Released; Forbearance by Us Not a Waiver. Extension of time for payment or modification of amortization of the sums secured by this Deed of Trust granted by us to any of your successors in interest shall not operate to release your liability or the liability of your successors in interest. We shall not be required to commence proceedings against any successor in interest, refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by you or your successors in interest. Our forbearance in exercising any right or remedy shall not waive or preclude the exercise of any right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co -Signers. The covenants and agreements of this Deed of Trust shall bind and benefit your successors and permitted assigns. Your covenants and agreements shall be joint and several. Anyone who co-signs this Deed of Trust but does not execute the Agreement: (a) is co-signing this Deed of Trust only to mortgage, grant and convey such person's interest in the Property; (b) is not personally obligated to pay the Agreement, but is obligated to pay all other sums secured by this Deed of Trust; and (c) agrees that we and anyone else who signs this Deed of Trust may agree to extend, modify, forbear or make any accommodations regarding the terms of this Deed of Trust or the Agreement without such person's consent. 12. Loan Charges. If the loan secured by this Deed of Trust is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from you which exceed permitted limits will be refunded to you. We may choose to make this refund by reducing the principal owed under the Agreement or by making a direct payment to you. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Agreement. 13. Notices. Unless otherwise required by law, any notice to you provided for in this Deed of Trust shall be delivered or mailed by first class mail to the Property Address or any other address you designate by written notice to us. 14. Governing Law; Severability. This Deed of Trust shall be governed by federal law and, except as preempted by federal law, by the law of jurisdiction in which the Property is located. In the event that any provision or clause of this Deed of Trust or the Agreement conflicts with applicable law, such conflict shall not affect other provisions of the Deed of Trust or the Agreement which can be given effect without the conflicting provision. To this end the provisions of this Deed of Trust and the Agreement are declared to be severable. 15. Transfer of the Property. If all or any part of the Property or any interest in it is sold or transferred without our prior written consent, we may, at our option, require immediate payment in full of all sums secured by this Deed of Trust. However, this option shall not be exercised by us if exercise is prohibited by federal law as of the date of this Deed of Trust. 16. Sale of Agreement; Change of Loan Servicer. The Agreement or a partial interest in the Agreement (together with this Deed of Trust) may be sold one or more times without prior notice to you. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Agreement and this Deed of Trust. There also may be one or more changes of the Loan Servicer unrelated to the sale of the Agreement. If there is a change of the Loan Servicer, you will be given written notice of the change as required by applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any information required by applicable law. ID HELOC SECURITY INSTRUMENT PAGE 5 OF 8 FH6D219 0043972280 17. Hazardous Substances. You shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. You shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use or storage on the Property of Hazardous Substances in quantities that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. You shall promptly give us written notice of any investigation, claim, demand, lawsuit or other action_ by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which you have actual knowledge. If you learn or are notified by any government or regulatory authority, that any removal or other remediation of any Hazardous Substance is affecting the Property is necessary, you shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this Deed of Trust, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this Deed of Trust, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. 18. Acceleration; Remedies. You will be in default if (1) any payment required by the Agreement is not made when it is due; (2) we discover that you have committed fraud or made a material misrepresentation; or (3) you take any action or fail to take any action that adversely affects our security for the Agreement or any right we have in the Property; or (4) any event occurs that permits us to accelerate the amounts due under the Agreement. Jf a default occurs, we will give you notice specifying: (a) the default; (b) the action required to cure the default; (c) a date not less than 30 days from the date the notice is given to you, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice shall further inform you of any right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense you have to acceleration and sale. If the default is not cured on or before the date specified in the notice, we at our option may require immediate payment in full of all sums secured by this Deed of Trust without further demand and may invoke the power of sale and any other remedies permitted by applicable law. We shall be entitled to all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorneys' fees and cost of title evidence. If we invoke the power of sale, we shall mail or cause the Trustee to mail a statement of breach and a notice of sale to you in the manner prescribed by applicable law. The Trustee shall give notice of sale as required by public advertisement or otherwise for the time and in the manner prescribed by applicable law. The Trustee, without demand on you, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order the Trustee determines. The Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. We or our designee may purchase the Property at any sale. The Trustee shall deliver to the purchaser the Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. The Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, Trustee's ID HELOC SECURITY INSTRUMENT PAGE 6 OF 8 FH6D220 UU439722bU fees plus reasonable attorney's fees; (b) to all sums secured by this Deed of Trust; and (c) any excess to the person or persons legally entitled to it. 19. Release. Upon your request and payment of all sums secured by this Deed of Trust, either the Trustee or we shall release this Deed of Trust without charge to you and mark the agreement "paid" and return the Agreement to you. You shall pay any recordation costs. 20. Substitute Trustee. We, at our option, may from time to time remove the Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the city or county in which this Deed of Trust is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon the Trustee in this Deed of Trust and by applicable law. 21. Possession of the Property. You shall have possession of the Property until we have given you notice of default pursuant to paragraph 18 of this Deed of Trust. 22. Riders to this Deed of Trust. If one or more riders are executed by you and recorded together with this Deed of Trust, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Deed of Trust as if the rider(s) were part of this Deed of Trust. Adjustable Rate Rider Graduated Payment Rider Condominium Rider 1-4 Family Rider XPlanned Unit Development Rider Other(s) (specify) BY SIGNING BELOW, you accept and agree to the terms and covenants contained in this Deed of Trust and any rider(s) executed by you and recorded with it. l �~ ALEKS R GALUSHKIN Grantor 1 A 7 MARINA GALUSHKIN Grantor Grantor Grantor ID HELOC SECURITY INSTRUMENT PAGE 7 OF 8 FH6D221 STATE OF IDAHO County of ADA On this day of and state, personally appeared ALEKSANDR GALUSHKIN & MARINA GALUSHKIN 0043972280 , a notary public in and for said county known or proved to me to be the person(s) who executed the foregoing instrument, and acknowledged to me that he executed the same. In witness whereof I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public residing at: ID HELOC SECURITY INSTRUMENT PAGE 8 OF 8 FH6D470 Aug.30. 2004 2:46PA STATE OF IDAHO ) COUNTY OF ADA ) No.5301 P. 4/9 AFFIDAVIT OF LEGAL IN'l —REST (name) (address) being first duly sworn upon !—✓ oath, depose and say: (city) (state) 1. That I am the record owner of the property described on the attached, and I grant my permission to: (name) (address) U to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property, which is the subject of the application. Dated this day of. , 200 Z` (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. o�aaU-0e,,e k "1-,; No Public f aho a Residing at a° M My Commission Expires: e Rev. 11/03/03 NO )I N I cl- Aug.30. 2004 2.45PM� rT City of Meridian ACCESSORY USE PERMIT Application Checklist (Incomplete applications will not be processed) Applicant: I i 0 Qj.,j'('j¢ .(flQ Submittal Date: Project: Completion Date: N o . 5 3 0 0 P- 8/8 e . .............................................................................. 1. Completed and signed (notarized) Accessory Use Permit Application 2. Warran deed (recorded) Notarized consent of titled property owner(s) if applicant is not owner Vicinity Ma 5 Site Plan showing boundaries of property, floor plan of house, area intended for accessory use, and parking and yard areas. List of abutting property owners 11. A fee: $150.00 r 8 Hid Elp 2 C C RADIUS NOTICE REPORT FILE NAME: Brandy 08 -Nov -2004 Owners Owner Address BARBEY THOMAS A 1001 S EAGLE ROCK PL BARBEY BARBARA L EAGLE, ID 83616-0000 Property Address: 2827 N WOLVERINE AVE CRON TRACY A 2260 N TURNBERRY WAY CRON RICHARD J MERIDIAN, ID 83642-1045 Property Address: 814 E FINCH CREEK ST GALUSHKIN ALEKSANDR & 2843 N WOLVERINE AVE GALUSHKIN MARINA MERIDIAN, ID 83642-0000 Property Address: 2843 N WOLVERINE AVE KEENEY DOLAN W 4130 E CHINDEN BLVD KEENEY ELISABETH A EAGLE, ID 83616-0000 Property Address: 2865 N WOLVERINE AVE MARTINSON KEVIN J & 2866 N WOLVERINE AVE MARTINSON MARIE T J MERIDIAN, ID 83642-0000 Property Address: 2866 N WOLVERINE AVE NEWELL LAWRENCE BERT JR 2902 N CAPE COD AVE NEWELL MICHELLE R MERIDIAN, ID 83642-0000 Property Address: 2902 N CAPE COD AVE O'DONLEY LOREN L 589 W TWO RIVERS DR O'DONLEY TERESA M EAGLE, ID 83616-0000 Property Address: 721 E SEDGEWICK ST SCHULER JAMIE L 730 E WAKELY CT SCHULER ROBERT W MERIDIAN, ID 83642-0000 Property Address: 730 E WAKELY CT YARN KARMEN 2919 N MULE DEER WAY YAHN JEREMY W MERIDIAN, ID 83642-0000 Property Address: 2919 N MULE DEER WAY 1 1/5/2005 4:54 PM FROM: Fax TO: 3836854 PAGE: 001 OF 002 FOR YOUR INFORMATION To: Meridian Planning and Zoning Fax number: 8886854 From: Jeremy Yahn Fax number: 2088871566 Home phone: 2088871566 Business phone: Date & Time: 1/6/2005 4:54:28 PM Pages sent: 2 Re: RE AUP 04-016 Please find enclosed a letter regarding specifics of my complaint. 2919 N Mule Deer Way Meridian, ID 83642 1/6/2005 4:54 PM FROM. Fax TO: 8896854 PAGE: 002 OF 002 Janxwry 6 2005 ATTIN; City of N Uridian Zonine and Plannin.g. g RE.- Public flcaring.AUP 04,016 I am. against the requestor =fin .Actinssory IJPc-rm- it for the duy care m t $1C "d a 294' North Wolverine. This address is 3 houses away. from. .in and. I befieve.that the in r as t trjfl k. and !(.Ks of value for nry, OWM property is not fair)" U'd So someone can Privately Profit out of their 0"m h(mc� We arc zoned R-8 fo.ra '17h—mghoul dtx- 11(t em-'e-ptionsMade_ J am sure that a "daye arle" is already being ,operattu) our of .house with an unknown amount of cu-stomem.. at I mst... . 'I b0icve this P anic U, ar address is alteady in viohifion of ordinances and laws fbT op I Crating a vchiclic , repairlbody work- shop out of tbt t have conia0ed: the zoning offim oo two o--casions and the work -Ai 11 contintiC.I. I have iter as inany as 5 vehicles with dealer ticse plates and damage parked there and being wctrked (m. LaW. trucksand glass companies, arv- constantly making defivcrien a� w0l, I app lo&,,t that I ani not able to be at the reting in person but have:prii or enSagarea ents. Plea,sc do'n0t heshwe tocontaapt nic fortbor for a iiiformration and, picawr k,eqp Inc advisvd of the Process, V j L'14xy J4=my Yahii 2 '2919N Mule Dccr Way hicndian. ID 83641 208-897, 1.566