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Home My WebLink AboutMartin, Brenda AUP 02-001WHITE PETERSON WHITE, PETERSON, MORROW, GIGRaY, ROSSMAN, NYE & ROSSMAN, P.A. KSVAr a. DA]!US PEA. Pst~sox JtntE KI.Ead Frsc~ ExtCa S. PImtII+s Was. F. GlaaaY, III Eaic S. RossMnx T. GvY Hater ~" TODD A. RossMnN D. Sar~.Joxiasox DavIDM. SwaxrtaY LARRYD. MOORS PAt.~.a J. Yarrow watraMA MORROW TmtRffi.rcaR Wmra•" WrrtraMF. Nrcxots• tatCxotns t. wottax CrmrsTOrt~ S. NYa 'Also admitted in OR '" Also admitted in WA ATTORNEYS AT LAW 830 E. FIItsT ST., SUITE 200 Post' OFFICE BoX1150 MERIDIAN, IDAHO 83680.1150 Tar, (208)288-2499 Fax(208)288'"2501 E~Maa.:DMS®w6i~.com March 26, 2002 NAMPA OFFICE s7ooa. rxa*a~.arRD., sxa.2oo NAMPA, IDAHO83687-8402 TEL. 208)466-9272 FAX (~O8) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE To: Staff pplicant fected Property Owner(s) Re: Application Case No. AUP-02-OOI FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findings and Recommendations of the Planning and Zoning Commission shall be presented to the City Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: That you take time to caxefully review the Findinggs and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission; and That you carefullyy complete (be sure it is legg~~'ble) the Position Statement if you disa ree with the Findings ancFRecommendations of the Plaxuung and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you ppreppare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If fllat is not possible, pplease present your Fosition Statement to the City Council at the hearing, along with eight (8) copies. The coppies will be resented to the Mayor, Council, Planning and Zoning Administrator, Public Wofks and the ~ity Attorney. If you are a part of a group, it is strongly recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Very truly yours, City Attorney's Office ~~ BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE ) Case No. AUP - 02-001 REQUEST FOR ACCESSORY USE ) PERMIT FOR A FAMILY DAY ) RECOlVIlVIENDATION TO CITY CARE HOME ) COUNCIL BRENDA MARTIN, ) Applicant 1. The property is located at 3668 E. Judicial Drive, Meridian. 2. The owner of record of the subject property is Brenda Martin of same address. 3. Applicant is owner of record. 4. The subject property is currently zoned R-4. The zoning district of R-4 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 5. The application requests an accessory use permit for a Family Day Care Home. The R-4 zoning designation requires an accessory use permit be obtained for the use requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-81). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed within the subject application will in fact constitute an accessory use as determined by City policy. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the accessory use permit as requested. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF ACCESSORY USE PERMIT FOR A FAMQ.,Y DAY CARE HOME AT 3668 E. JUDICIAL DRIVE BY BRENDA MARTIN -Page 1 Sonya From: Bill Nichols [wfn a~whitepeterson.COM] Sent: Tuesday, March 12, 2002 4:10 PM To: 'days@ci.meridian.id.us' Subject: RE: Brenda Martin Daycare Sonya Based on our phone conversation, I recommend that the applicant replace the chicken wire with another product which will allow her to keep the children in the yard as she promised to do at the public hearing. She may be restricted on what she can do lay the CC&Rs for Crossroads sub, but chicken wire is not a suitable fencing material. The front gate, although not 6 feet in height does not present a problem. If she uses the common area contrary to her testimony, that would be grounds for revoking the AUP. -----Original Message----- From: Sonya Day [mailto:days@ci.meridian.id.us] Sent: Tuesday, March 12, 2002 15:47 To: wfn@whitepeterson.com Subject: Brenda Martin Daycare Hi Bill, Brenda Martin was just approved by the P&Z Commission for a daycare for 5 or fewer children out of her home at 3668 E. Judicial Drive in Crossroads Subdivision on Eagle Road, south of Fairview. On her AUP application she stated that she had a 6' cedar fence and that screening of the adjacent properties was provided. I went out & inspected her place today and the front gate was a slatted vinyl fence which was only 3-4 ft. tall (see attached picture, gate on left of house) and the back yard opened up to a common area that was fenced off by a two rail wooden fence that was about 3' tall with chicken wire across half of the length of the backyard. Also, one of her neighbors had submitted a letter saying that they "did not want anyone using the common area that isn't an Owner or friend of or guest, and not commercial use". Brenda submitted a letter in response saying that her "intentions are not to use the common area and that she has a very large yard with play equipment for the children". A public hearing before the P&Z Commission was held on this application because of this letter and they approved the application. Shari said to run this by you for your legal opion on whether we should sign off on this permit, Thanks for your time and consideration, Sonya ~. Planning & Zoning Commissio~ting ~ March 7, 2002 Page 25 Item 6: Public Hearing: AUP 02-001 Request for an Accessory Use Permit for The operation of a Family Day Care for five or fewer children out of home in an R-4 zone for Brenda Martin by Brenda Martin - 3668 Judicial Drive: Borup: Thank you. Item Number 6 is Public Hearing AUP 02-001, request for an Accessory Use Permit for the operation of a Family Day Care Center for five or fewer children out of home in an R-4 zone for Brenda Martin at 3668 Judicial Drive. We'd like to open this Public Hearing and start with the staff comment. McKinnon: Mr. Chairman, Members of the Commission -- you can go ahead and stand right there... if you like. I'll keep it short. In January, Brenda Martin applied for a Family Childcare Home License to care for five or less children in her home. On the overhead you can see a picture of her home. The location of her home is in the Crossroads Subdivision, which is located behind the -- behind Eagle Road, behind the new subdivision that's being created right now called Presidential Subdivision behind Wal- Mart if you wanted to go to the north. The location is -- there is the home. The home site is just like this. The areas of the site plan that are marked with an X are those areas where children would be allowed to play. There will be no day care up on the second floor. The person who wrote a letter in opposition of this stated that we do not want anyone using _the common area that isn't an owner, a friend, or a guest. No commercial uses. That is the only reason that this is in front of you tonight. Typically, you do not have Accessory Use Permits in front of you unless someone states that they are in opposition of it. That is the opposition, that they don't want the applicant to use any of the common areas. If the applicant's available to say that they won't use the common area, I think that that would cover everything that we would need from the applicant tonight. Ask if there are any questions of the Commission. Borup: Any questions of staff? Okay, sir. State your name. Martin: My name is Maynard Martin. I reside at 3668 East Judicial Drive, Meridian, Idaho. Concerning the use of the common area, we hadn't planned on it, but I feel we have the right to use it as such, according to my Neighborhood Association Guidelines and Procedures. Article Number 6 concerning property rights, it states in Section Two, delegation of use, any owner may delegate in accordance with the bylaws his right of enjoyment to the common area and facilities to the members of his family, his tenants, or contract purchasers who reside on the properties. Therefore, I would feel that would give me the right to use it if we so desired to use it but we didn't have plans to use it. Borup: Okay. You mean right to use it with the day care students? Martin: Yes. In case we go out there and have them play around or whatever. Borup: And are those three things -- you mentioned the owner's tenants and what was the other -- Martin: The last one was a contact purchaser who reside -- •- ~ Planning & Zoning Commissior.^;Gng ~ March 7, 2002 Page 26 Borup: Purchasers. What part of those three categories would the day care students fit in? Martin: I would assume that they would be contract purchasers. Borup: They are buying your house from you? Martin: No, but they are purchasing a service from me. Borup: Okay. Martin: Doesn't apply? Borup: I think that means the purchase of the property. Martin: Well, okay, considering that, within these here property rights there is nothing that prohibits it, though, if I'm correct. Or correct me if I'm wrong. Centers: Well, this body does not interpret CC&R's. That's not part of our obligation here, but we can place restrictions on the use of day cares. Martin: Right. Centers: That would be between you and your Homeowners Association if you didn't agree and if you had a lot of relatives that were over to your house. Then you have to talk to the Homeowners Association, not us. We are just here tonight to act on your request. Martin: Okay. Centers: Because there was the one -- Martin: That one -- yes. Centers: -- comment. Zaremba: Mr. Martin, can I ask a question? If you know. Are you and Mr. Honcosky members of the same Homeowners Association? He appears to be across the common area from you. Do you know if it's the same Homeowners Association? Martin: One second. I'm under the impression that the one who wrote the complaint -- where is that at? His name was Stiles. Centers: He's on Presidential Drive. 3619. r Planning & Zoning Commission^;ting March 7, 2002 Page 27 Martin: Okay. Yes Brian and Connie --okay. Okay. Zaremba: The name you're looking at is our director of Planning and Zoning was the receiver of the complaint. Martin: As far as I know, yes, he is part ofthe -- Borup: There is only one association for the whole subdivision? Martin: That's right. Correct. Zaremba: Again, this isn't necessarily our place to make this happen. Would you be willing to write a letter to your Homeowners Association saying that you would indemnify them against any claim from parents of your charges for -- if you happen to be out on the common area and one of them got hurt and a parent wanted to sue the association, would you indemnify the association from that? Martin: Yes, I would. Zaremba: That might satisfy the other homeowners that -- I mean they are rightfully concerned about what goes on in the common area, as you would be, too, if somebody else wanted to run their dogs out there or something. Martin: Well -- I'm sorry, but there have been those occasions. I do have some neighbors that occasionally in the summertime they set up their little dog runs and they have had dog practice out there with some of their friends, so -- Zaremba: Well, I'm sure you have a right to complain about that, too, so -- although you're probably trying to be a good neighbor. I'm just offering that as a suggestion, that maybe it might satisfy some of the other homeowners, that you said you would -- if you would make sure the Homeowners Association wasn't sued if one of your charges got hurt. Centers: Mr. Martin, if I could. Are you aware of the letter that your wife wrote? Martin: Yes, I am. Centers: She states, my intentions are not to use the common area. I have a very large yard with play equipment for the children. Would you be okay with approval of the application subject to all children remaining on your premises, per your wife's letter? Martin: Yes but then again -- Centers: Maybe you and your wife can get together and talk about this. Martin: Well, no, we had a talk about it and the point is -- r Planning & Zoning Commissior~ting March 7, 2002 Page 28 Centers: I just read you what she said. Martin: I agree. Our original intent wasn't, but per chance down the road in case we did, what, are the P&Z patrol cops or something going to come out and get us a ticket because they did cross the fence or something. See what I'm getting at? So all we are saying -- Centers: We don't have any P&Z patrol cops. Martin: All I'm saying is we want to reserve the right to use it if we so choose is all we are saying. Centers: She didn't say that. Martin: I know. All I'm saying is that in all fairness and honesty to you and to those involved, we hadn't originally planned on it, this neighbor brought it and it's like, well -- Centers: Take that. Martin: Well, no. Well, he brought it up and we hadn't thought about it and it's like, well, hold it, on second thought, what if we did want to use it, we should -- Zaremba: You're a partial owner of that common area, too. Martin: Exactly. Centers: Yes but professional day cares -- I mean you're going to be a professional day care, especially the larger ones, confines their children to their area. They have a fence, which is required. Don't you feel like you would be okay living with those rules, confine your children to your yard? Martin: I would be fine with that, but what if I decided to take them out to the common area as in I was going to the park to play? Right? See what I'm saying? A guy -- you tell me -- right? Say you have a public day care and they decided to take the children to the park, they have a right to take the children to the park. All I'm saying is I want to reserve the right, if we so choose -- not that we had planned on it, but I believe I have the right to take them in the common if we wanted to and kick a ball around is all I'm saying. I don't want to -- I don't want to commit myself to something that -- I won't sit here and lie to you on the one hand and go and do something contrary on the other. Centers: Your wife didn't come tonight? Martin: No she's afraid to come and speak to you guys. `° ~ Planning & Zoning Commission^;Gng March 7, 2002 Page 29 Zaremba: Even if you were to go out there or across the common area with the kids, you're not planning on setting up any of the equipment out there or building anything out there on the common area -- Martin: Oh, no. No. We have a huge wooden - Moore: Chairman Borup, if I can give you some legal advice. He's quoting the contract between himself and the Homeowners Association and this body has no dealings with that. He must take that up with the Homeowners Association, not with this body. Martin: Thank you. Borup: Thank you. Yes. I think we need to get back on track. Any other comment you had on -- Martin: No. Borup: Any other questions from any of the Commissioners? Zaremba: Is the complaining person here? Borup: That's what I was hoping for next. Okay. Thank you, sir. Martin: So when will I know whether -- Borup: We are going to discuss it right now. Is there anyone else that would like to put forth any testimony on this? Seeing none -- Zaremba: I move the Public Hearing on Item AUP 02-001 be closed. Centers: Second. Borup: Motion and second. Any discussion? All in favor? MOTION CARRIED: ALL AYES. Centers: Well, I guess I would agree with counsel and I stated it earlier, the CC&R's are not our concern. You know, really, when you think about restricting the children to the home, that's not our concern. The complaining party is not here. I would move that we approve Item 6, AUP 02-001, request for Accessory Use Permit for the operation of a family Day Care for five or fewer children -- five or fewer children out of the home in an R-4 zone for Brenda Martin by Brenda Martin, 3668 Judicial Drive. Zaremba: Second. ~' ~ ~ r Planning 8 Zoning Commissio'~ ling '~ March 7, 2002 Page 30 Borup: Motion and second. Any discussion? I guess I might just mention if it was a larger day care it might make a difference, but a lot of families have five or more children anyway. Centers: Well, that's why I said on the use, five or less. Borup: Right. Yes. All in favor? Any opposed? Thank you. MOTION CARRIED: ALL AYES Item 7: Public Hearing: AZ 02-001 Request for annexation and zoning of 1.14 acres from R-1 to R-4 zones for Marvin and Violet Werth by Marvin & Violet Werth - 2150 South Locust Grove Road: Borup: Item Number 7 is AZ 02-001, request for annexation and zoning of 1.14 acres from R-1 to R-4 zones for Marvin and Violet Werth by Marvin and Violet Werth at 2150 South Locust Grove Road. I'd like to open this hearing and start with the staff report. McKinnon: Mr. Chairman, Members of the Commission, on the overhead you can see where the subject property is located. As stated correctly, it's located at 2150 South Locust Grove Road. The property was serviced by city water and sewer a few months back and the applicant agreed at that time to come in and apply for annexation and zoning. The property looks just like this right now today. The property has been now requested to be annexed in accordance with the agreement with the Public Works Department. City staff really has no comment, other than this is one that was agreed upon and they have come and followed through on that. Ask if there are any questions. Borup: Any questions from the Commissioners? Is the applicant here and would like to put forth any testimony? Seeing none, is there anyone else here that would like to testify? Again, none. Commissioners? Centers: I wanted to thank her for keeping her word. Well, I'm on a roll. Is there any discussion? I don't want to move on here if -- it's nice to see these people come back and keep their word. I would make a motion that we approved Item 7, AZ 02-001, request for annexation and zoning of 1.14 acres from R-1 to R-4. Excuse me. Got to close that Public Hearing. So moved. Zaremba: Second. Borup: All in favor? MOTION CARRIED: ALL AYES Borup: Okay. March 4, 2002 AUP 02-1 MERIDIAN PLANNING & ZONING MEETING March 7, 2002 APPLICANT Brenda Martin ITEM NO. 6 REQUEST Public Hearing -Request for an Accessory Use Permit for the operation of a Family Day Care for five or fewer children out of home in an R-4 zone for Brenda Martin - 3668 East Judicial Drive AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: SANITARY SERVICE: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS "No Comment" "No Remarks" "No Comment" See attached Comments ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: OTHER: See attached letter from Brenda Martin Contacted: Date: Phone: Materials presented at pubNc meetings shall become property of the City of Meridian. /"~ /'~ REC~~ ~'~D Maynard and Brenda Martin •l~"•jV s U CtlLt 3668 E. Judicial Drive City OfMeric~ Meridian, Id 83642 City Clerk O~~ Lot 18 Block 10 Phase # 2 This letter is in response to attached letter of complaint. I applied for a use permit on 1-2-02 for a Family Child Care Home. I would like to address the complaint that was sent to Planning and Zoning. My neighbors are concerned that the shared common area would be used for commercial use. My intentions are not to use the common area. I have a very large yard with play equipment for the children. Thank you for your consideration in this. Brenda Martin ~r ' ,~ .1A~! 1 ~; 2002 _. ,. ~ a fi ~ Q~ 1~ l ~ SAS -~- . Cv.~~S ~zati~ f . _ '~ -- C Y .- ~~ l - ~. -- .,. i Gam. ~r ~ ~` ~ ~~ _- _ _ _ _. _ _ _,~. ~~nn: ('~t~.E vim. , ~, /'` I"1 _`~~`'V•~ S~1 I` S s J c ; '~- ~ opt. U~t t~ ~ ~ ~ ~, ~ ~_ S ~ i~~° ~ Zo Z Wl~~~ i~h ` t~ 3~G~ ~ ~~~lu~ l ~~rJ e -_ L~-t 1 ~ 15C. K /o S~~ ~ 2 V" l L V /'~ 'ti b. ~~~ ... 1: ;. :~ ~. ,,- , ,~ :~ti,,, ;; ~~` ,~, ,. . ,, 4-~ . ~ a, ,~ }, .i:;.. , Y~... ..}:.h, ,,y, \ ~:~; ti`.. .>.. ;:~; .. ' ~.4 ~; ,~ A., ~~ .; ~.: , ~hhr S^'• `~'~ .: :.. , ~. :* 4~. . :~~~- ; ,` ~,.; ,.~ ;, •S~{, ~~~~ •/ ::~ ~ . `~,., :. ,_ ~.... i~ , ~;~ . :~~: ,., .: Y. i,'ll.: . , ~. ;, ~.: t F~ ..r ,:'~ ~. .. .r .. ..•. VLF,\viVL.. resat b~ ~LaYOR ~~ NUB OF TREASURE VALLF~"1 Rupert D. Cume A Goud Place to Live LEG.+L DEP.aRTHE~r ~I~'Y OF MERID ('08) =39.2499 • F~~ 239•:SAt C(Tl' COl'NCIL MEMBERS ~~.[11 ~ PUBLIC w'GRKS w~n~:,,,, I_. vt. Nory ~ 33 EAST IDAHO (209) s~a•ssoo - F,x ss7-t_97 Kauh Bird MERfDIAN, IDAHO 83612 BUtLOtNC pEROR7~iF~T Tammy deweerd (208) 883-•L133 • Fax (208) 887.4813 (_uH) 887.2~t t • Fix 8a-.; ~.,- Chcne MrC~ndlea~ Clty Cletk OQice Fax (208) 888-4213 PLANNING ,~Np 20NIr:G r?08188a.t5J.i • Fix 8S$•h55d TRANSMITTALS TO A6E~VCIES FOR COMMENTS ON QEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Rtanning and Zoning Commission, please Submit your comments and recommendations to Meridian City Clerk's Office Attn: wits Berg, City Clerk, by: ~ February 28, 2002 Transmittal Date: January 2&;;002 Hearing Oate: March 7, 2002 File No.: AUP 02-001 Request: Accessory Use PelFxriit `for the operation of a Family Day Care for five or fewer children out of home in an R-4 zone for Brenda Martin aye Brenda Martin Location of Property or Project: :,3~8 East Judicial Drive David Zaremba, P2 (Nq VAR, vAC. FP) Meridian School District (NO FP) Jerry Centers, P)Z (No VAR, vAC. FP) Meridian Post Office (FPiPP Doty) Leslie Mathes, P/Z (No uaR. vAC, FP) Ada County Highway District Keven Shreeve, P/Z rNe vAR. vAc, FP) Community Planning Assoc. Keith 8orup, P2 (Nb v,~R, vAc, FP) -'Central District Health Robert Come, Mayor Nampa Meridian brig. District B(11 Nary, C/C Settlers Irrigation District Tammy deWeerd, C!C Idaho Power Co. (FP/PPonly) Keith Bird, C/C U.S. West (FP/PP Dory) Cherie McCandless, C/C Intermountain Gas (FP/PP Dory) ~ Water Department _ Bureau of Reclamation (FP~PP only) Sewer Department Idaho Transportation Department (No fP) Sanitary Service (No vAR, vAC. FP) Ada County (Annexe0 n ~ Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department 0 on y) . YoJJUr C`onciseeRemarks' ,~1(/.l..d,lJ 1/`i..(.~t~1 ~~ /3'Yl s..~f .LL Q.~1.t .r»9~»t!/~, Gc.c.! `'~~ ~.t ~•~.s ~t~~'u RECEI~lEI) ,' . ` , ;~.' ,~:~- . FEB 13 2002 FEB 12 '02 07 21 City of Meridian City Clerk Office 2088885052 PArr= raz MAYOR Robert D. Come CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Tammy deWeerd Cherie McCandless 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: will Berg, City Clerk, by: February 28, 2002 Transmittal Date: January 28, 2002 Hearing Date: March 7, 2002 File No.: AUP 02-001 Request: Accessory Use Permit for the operation of a Family Day Care for five or fewer children out of home in an R-4 zone for Brenda Martin By: Brenda Martin Location of Property or Project: 3668 East Judicial Drive David Zaremba, P/Z (No VAR, vac, FP) Jerry Centers, P/Z (No VAR, VAC, FP) Leslie Mathes, P/Z (IVo vAR, vac, FP) Keven Shreeve, P/Z (No VAR, vac, FP) Keith Borup, P/Z (No VAR, vac, FP) Robert Come, Mayor Bill Nary, C/C Tammy deWeerd, C!C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No VAR, vac, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN Meridian School District (No FP) Meridian Post Office (FPiPP onty) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FP/PP onty) U.S. West (FP/PP onty) Intermountain Gas (FP/PP onty) Bureau of Reclamation (FPiPP onty) Idaho Transportation Department (No FP) Your Concise Remarks: Ada County (Annexation only) CITY OF MERIDIAN '\ Planning & Zoning Department ~ e 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208)884-5533 Phone / (208)888-6854 Fax At1P-oi oot ACCESSORY USE APPLICATION APPLICANT: ~~~~' ~~-9 ~~x~ / ~ Phone: 7~~' ~U~~ (Owner or holder of valid option) ADDRESS: .~~~ ~ .~`. u ~i c. il~ ~k GENERAL LOCATION: ~.~~ll~d ~~f ~ ~~~ ~~ S~ o~ LEGAL DESCRIPTION OF PROPERTY (Attach description if lengthy): ~G ~ ~~ PROOF OF OWNERSHIP: Copy of property deed must be attached, with option agreement and notarized consent of owner if applicant is not legal owner. SIZE OF PARCEL OR LOT: ~ ~~O~P ZONING CLASSIFICATION: VICINITY SKETCH:. A vicinity map at a scale approved by the City showing property lines, adjacent uses, streets existing and such other items as the City may require. Also include a site plan showing boundaries of property, floor plan of house azea intended for accessory use and pazkirtg and yard areas. SURROUNDING PROPERTY OWNERS: Provide a list of names and addresses of all abutting property owners. Abutting land includes parcels across the street on alleys and kitty corner from property, including where a street or alley is between your property and the other property. (This information will be provided by City of Meridian.) DESCRIPTION OF REQUESTED ACCESSORY USE: FEE: 80.00 /1 /'~ Use made of all abutting lots or parcels: /Z` f'~~'''~"~°~ 2. Are there other accessory uses of a similar nature in the area? If so, state the location and the accessory use: s ~d ~~ ~'' ,~./~y 3. Possible adverse impacts on adjacent property such as noise, traffic, excess light, odor, etc.. ,/e .~~= 4. Do you agree to pay increased sewer, water or trash fees if such aze required due to increased use? ~t'f 5. If the accessory use includes construction of a building on the lot or pazcel, complete the ~ IA following: a. Will all parts of the accessory building 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 reaz yard of the primary building?_ e. Will the accessory building occupy less than 40% of the required reaz yazd 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 yazd 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 yazd? 6. If the accessory use is for a Family Child Caze Home, complete the following: / a. Is a State of Idaho basic day caze license required for this type of facility? /~~ ' f /~'~f~ If so, attach a copy of your license. ,/ t X.r~~ b. Have you applied for or received an occupancy permit? !~ ~f If so, attach a copy of your application or permit. c. Is one off-street pazking space per employee provided? y<`f d. If the home is located on an arterial or collector, is anoff-street child pick-up azea provided? •+~/~ t/i~.: ; f .~~.~ o.i fir' i~irT~=,t.~,~ e. Is screening of adjacent properties provided? J~s~~ f. Is the play azea for the children fenced from streets and neighbors?_~~"f If so, what is the fence height and type of construction? ~ Fes'' ~'s` ~'x 7. If the accessory use is for a home occupation, complete the following: ~ a. Are only family members residing in the principal residence? ~L' f b. Is the use of the residence as a home occupation incidental and subordinate to its use as a residence? ~ ~ c. Will the home occupation use more than 25% of the floor azea of the dwelling?~f 2 d. Will any item be offered for sale that is not produced by the dwelling occupants of the premises? N~ e. Will mechanical or electrical equipment be installed or maintained other than such as is customarily incidental to domestic use? ~o f. How much traffic will be generated by the occupation? fi-'~%~~.t g. Will off-street pazking requirements be met? ~,~=f h. Will off-street pazking requirements be located in a required front yard?=y~/~6 i. Will equipment or processing create noise, vibrations, glare, fucrres, odor, or electrical interference detectable to the normal senses offthe lot? i/o 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 chazacter in the use of construction, lighting, signs and in the emission of noise, fumes, odors, vibrations or electrical interference? ~o I hereby certify that the information contained herein is true and correct. SIGNATURE: r3n~..~- ~at~ SOCIAL SECURITY NO.: DATE: /~ .~- D~ STATE OF IDAHO ) County of Ada) ss. On this r d day of ~~ „~ . , 2000 before me, the undersigned, a Notary Public in and for said State, personally appeazed ~ eN ~ ~, me f ~-'~ N ,known, or proved to me, to be the person(s) whose name(s) is (aze) subscribed to the within instrument, and acknowledged to me that he/she/they executed the same. IN WITNESS WHEREOF, I have hereunto set rrry hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) QS~~D~2 Notary Public for Idaho Residing at: M ef. A ~ ~ ~, Sd My Commission Expires:_~,, _ . ~~,, 3 ~ ~ Definitions (from Zoning Ordinance): Child -Care Facility -Any home, structure, or place where nonmedical care, protection, or supervision is regularly provided to children under fourteen (14) yeazs of age, for periods less than twenty-four (24) hours per day, while the pazents or guardians aze not on the premises. There aze three (3) types of child care facilities: Family Child Care Home - A child Gaze facility which provides Gaze for five (5) or fewer children throughout the day. 2. Group Child Care Home - A child care facility which provides care for six (6) to twelve (12) children throughout the day. 3. Child Care Center - A child Gaze facility which provides care for more than twelve (12) children throughout the day. It should be noted that, in determining the type of child care facility that is being operated, the total number of children Gazed for during the day and not the number of children at the facility at any one time is determinative. (Ord. 496, 9-6-88) Home Occupation. Urban and Rural -Any gainful operation, profession or craft, which is customarily incidental to or carried on in a dwelling place, and wherein the use is clearly incidental and secondary to the use of the structure for dwelling purposes. ~ ~ 2-410 D ACCESSORY USE PROVISIONS Accessory Use Review Process -The Zoning Administrator shall make the initial determination as to whether a building, structure or use is accessory to a principal permitted use, and may issue zoning certificates for those which aze determined to be accessory and which otherwise comply with this Section. a. The accessory determination shall be based upon the relationship of the building, structure or use to the principal permitted use. Specifically, it must be habitually or commonly established as reasonably incidental to the principal permitted use and located and conducted on the same premises as the principal permitted use. In determining whether it is necessary, the following factors shall be used: (1) The size of the lot in question; (2) The nature of the principal permitted use; (3) The use made of adjacent lots; (4) The actual incidence of similaz use in the area; (5) The potential for adverse impact on adjacent property; and (6) The applicant must be the owner of the property under consideration and the user of the accessory use. b. Family child care homes and home occupations may be considered to be permissible accessory uses in the R-4 and R-8 Residential Districts if they aze approved after applying the following additional review procedures and the applicable accessory use standazds of Section 11-2-410D2: (1) Notice of the application shall be mailed by certified return receipt mail to owners of property which abut the external lot or boundary lines of the property under consideration. Properties across a street or alley or kitty corner to the subject property shall be deemed abutting properties. Fifteen (15) days from the date of publication referenced in paragraph (2) below shall be allowed for response to said notice. (2) Notice of the application shall be published in the Valley News for two (2) consecutive weeks and fifteen (15) days after first publication shall be allowed for comments. (3) The applicant shall be required to pay any additional sewer, water and trash charges or fees, if any are required. (Ord. 496, 9-6-88) (4) The use shall be considered as a commercial use. (5) Pay the fee of eighty dollazs ($80.00). (Ord. 557, 10-1-91) (6) If there is an objection to the proposed use filed within the time for response, a hearing, after notice, shall be held by the Planning and Zoning Commission, which may grant or deny the application after making findings of fact. Any aggrieved party may appeal the decision to the City Council within thirty (30) days of the Commission's decision and, if not so appealed, the decision shall be final. (Ord. 496, 9-6-88) (7) If there aze no objections filed within the time for filing the same, the Zoning Administrator may grant the request. (Ord. 557, 10-1-91) c. Group child care homes and child care centers are not accessory uses and are regulated as conditional uses. (See Section 11-2-418 for conditional use procedures.) 2. Accessory Use Standazds - a. Accessory Building Standards: (1) All parts of an accessory building shall be located within the lot of ownership. Where an alley has been vacated, permitted uses may be located at the centerline of such alley, provided: (a) Proof of ownership is established; (b) Disclaimer by the City of any utility easements; and (c) Written disclaimer by all utility companies waiving use of the portion of alley to be improved by a structure. (2) No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory. (3) An accessory building may be erected detached from the principal building, or it may be connected thereto by a breezeway or similar structure. No accessory building shall be erected in any required court, or in any required yazd other than a rear yard, except that where the natural grade of a lot at the front line of the principal building is such as to result in a driveway having a grade of ten percent (10%) or greater, a private garage may be erected within the front yazd, but not within fifteen feet (15') of any street line. (4) No accessory building or structure shall occupy more than forty percent (40%) of the azea of a required rear yazd. (5) If not in a rear yard, an accessory building shall be connected with the principal building to which it is accessory, and shall be so placed as to meet all yard and court requirements for a principal building including height and other dimensions. (6) If located in a rear yard, both detached and connected accessory buildings shall be subject to the requirements set forth in the following paragraphs: (a) The height shall not exceed fifteen feet (15'); (b) No detached accessory building shall occupy any portion of the front yard setback for a lot with anon-residential zone, if such lot has a common lot line to another lot zoned residential; (c) Underground fallout shelters may be located within five feet (5') of any property line and shall be exempt from maximum lot coverage requirements; (d) No part of an accessory building on a corner lot located within twenty-five feet (25') of an adjacent residentially zoned lot (either directly or across an alley) shall be neazer to such adjacent lot than the least depth of the existing front yazd or required street side yard for a building on such adjacent lot, nor shall accessory building project into the side or front yard for the principal building to which it is accessory; (e) Coverage of reaz yazd by accessory buildings shall not exceed twenty-five percent (25%); and (fj No accessory building or portion thereof located in a required rear yard shall exceed fifteen feet (1 S') in height. b. Family Child Care Home Standazds: It is the intent of this provision to provide for accessory family child care homes which will not adversely impact surrounding properties due to children's noise, traffic and other activities, and which are located away from and properly screened from adverse impacts to the health, safety and welfare of the children. The following conditions shall apply: (1) Secure and maintain a child Gaze license from the Idaho State Department of Health and Welfare-Child Caze Licensing Division if required; /"~ (2) Acquire an occupancy certificate and/or building permit; (3) Provide one off-street parking space per employee, which may be the driveway to the home; (4) Provide for child pick-up azea located off of arterial or collector streets; (5) Provide for screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties; and (6) Provide for a fence of appropriate height/construction, to enclose play azeas, protecting children from traffic on arterial or collector streets. Violation of any of the above conditions shall be cause to revoke a zoning certificate for a family child care home. c. Home Occupation Standazds: It is the intent of this provision to permit home occupations in residential dwellings which do not change the appeazance of the residence nor the condition of its residential character. The following conditions shall apply: (1) No persons other than members of the family residing on the premises shall be engaged in such occupation; (2) The use of the dwelling unit for the home occupation shall be cleazly incidental and subordinate to its use for residential purposes by its occupants and not more than twenty-five percent (25%) of floor area of the dwelling unit shall be used in the conduct of the home occupation; (3) No article shall be sold or offered for sale on the premises except such as is produced by the occupants on the premises and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use; (4) No significant traffic shall be generated by such home occupation, and any need for parking generated by the conduct of such home occupation shall meet the off-street pazking requirements as specified in this Ordinance and shall not be located in a required front yazd; (5) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in asingle-family residence or outside the dwelling unit if conducted in other than asingle-family residence; and ~'1 /"~ (6) In no way shall the appearance of the residence be altered nor the occupation be conducted in a manner which would cause the premises to differ from its residential character in the use of construction, lighting, signs and in the emission of noise, fumes, odors, vibrations or electrical interference. Violations of any of the above conditions shall be cause to revoke a zoning certificate for a home occupation. (Ord. 496, 9-6-88) ~"~ /~ SKETCH/AREA TABLE ADDENDUM Fle No. 09bo1s23 Property Address 2668 E. JUDICIAL DRNE City MERIDIAN State IDAHO County ADA Zip Code 63842 Borrrnver MAYNARD & BRENDA MARTIN CONSOLIDATED MORTGAGE 6.5' 10' ~-~ 25' 23.5' X Ktch p,R, Bed 12' MSTR CLST Family Room Bed X Room Room 26.5' ~C Loving X Bth 10 5 Bath ~. ' x . 38 Room Bth Bed Room 10' B~ 20' Room ' S' 20 8.5' 23.5' MAIN LEVEL UPPER LEVEL SCALE: finch = 15.00 feet AREA CALCULATIONS SUMMARY LIVING AREA CALCULATIONS Area Name of Area Size Totals Breakdown Subtotals GLAl Firat Floor 1091.00 1091.00 6.50 X 24.50 159.25 GLA2 Second Floor 862.50 862.50 12.00 X 26.50 318.00 GAR Garage 470.00 470.00 27.00 X 12.00 324.00 25.50 X 10.50 267.75 2.00 X 4.00 8.00 in nn X 1.00 10.00 ~ h /''~ [Space Above Thla t.lne For Racording Data] DEED OF TRUST THiS DEED OF TRUST ("Security Instrument") is made on Apr i 1 11 , 1996 The grantor is MAYNARD J MARTIN and BRENDA N MARTIN, husband and wife ("Borrower") The trustee is First Security Bank of Utah, N.A. ("Trustee"). The beneficiary is First Security Bank of Idaho, N.A. which is organized and existing under the laws of The United States of America and whose address is P.0. Box 7069 Boise ID 83730-9988 ("Lender"). Borrower owes Lender the principal sum of One Hundred Two Thousand Three Hundred and No /100 ------------- Dollars (tJ.S. S 102 , 300.00 ). This debt is evidenced by Borrower's note dated the same date as this Security instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on May 1 , 2026 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and ali renewals, extensions and modifications of .the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the Security of this Security instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in ADA County, idaho: LOT 18 IN BLOCK 10 OF CROSSROADS SUBDIVISION N0. 2, ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 66 OF PLATS AT PAGES 6822 AND 6823, RECORDS OF ADA COUNTY, IDANO. which has the address of 3668 EAST JUDICIAL DRIVE 1~~~ Idaho 83642 C~a code) ("Property Address"); MERIDIAN ' tcsvt TOGETHER WITH all the improvements now or hereafter erected on the property, and alt easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Pro erC a atnst alt claims and demands, subject to any encumbrances of record. mnlal INtlal r~1.LM~ ,~L~, IDAHO--Single Family-Fannla MaaJFreddie Mac UNIFORM INSTRUMENT .Form 3013 9l90 (page 1 of 6 pages) AFFIDAVIT OF OCCI!'~ANCY STATE OF 1 DAHO ) SS .COUNTY OF ADA ) Before me, the undersigned authority duly authorized to take acknowledgements and administer oaths personally appeared MAYNARO J MARTIN and BRENDA M MARTIN ("Affiants'~ who, being duly sworn, depose and say as folbws: 1. Affiants hereby certify that, upon taking title to the real property described below, their occupancy status will be as follows: ® 1.1 Primary Residence: Occupied by owner as his/her principal residence and may be entitled to receive, under federal or state law, Homestead Exemptions for taxes and/or creditor exemptions. ^ 1.2 Secondary Residence: Occupied by owner as second home (vacation, etc) while maintaining principal residence elsewhere (NOTE: Please mark this box if property will initially be a second home but you plan to establish it as your primary residence at a future date (i.e retirement). ^ 1.3 Investment Property: Not owner occupied. Purchased as an investment to be held or rented. 2. Affiants acknowledge that this Affidavit of Occupancy is given as a material inducement to cause First Security Bank to make a mortgage loan to Affiants and that any false statements, misrepresentations of material omissions shall constitute a breach of the Affiants' obligation to First Security Bank and that all the provisions of the mortgage indenture concerning default on the Promissory Note will thereupon be in full force and effect. 3. Affiants further acknowledge that they have read and understand the following: 18 United States Code Section 1014: "Whosoever knowingly makes any false statement or report...for the purpose of influencing in any way the action of...any institution the accounts of which are insured by the Federal Savings & Losn Insurance Corporation...any member of the Federal Home Loan Bank System, the Federal Deposit Insurance Corporation, the. Federal Savings & Loan Insurance Corporation...upon any application...shall be fined not more than X5,000 or imprisoned not more than two years, or both." 4. The agreements and covenants contained herein shall survive the closing of the mortgage loan transaction. t ~ ~~ Date Affiant Date ` Aff~ant ~ ~ 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 Brenda Martin 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 3668 E. Judiaal Drive, Meridian, Idaho. Comments, either for or against, said application must be filed with the Zoning Administrator within fifteen (15j days after the initial publication of this notice and shall be addressed to Shari Stiles, Zoning Administrator, City of Meridian, 660 E. Watertower Ln., Suite #202, Meridian, Idaho. !f 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 Contusions of Law. The property at 3668 E. Judiaal Drive is more particularly described as Lot 18, Block 10 of Crossroads Subdivision No. 2, Meridian, Ada County, kiaho. Any and all interes#ed persons are welcome and invited to submit comments. Dated this 4"' day of January, 2002. SHARI STILES, ZONING ADMINISTRATOR PUBLISH January 8"' and January 15~', 2002. /'~ BRENDA MARTIN - 3668 E. JUDICIAL OR PROP~Ty owNERS WITHIN soo~ HONKOSKI BRIAN J 3619 E PRESIDENTIAL DR MERIDIAN TD 83642-0000 COURVAL ROBERT P do COURVAL LADENE 3653 E PRESIDENTIAL DR MERIDIAN ID 83642-0000 LOEWEN TIMOTHY CHARLES de LOEWEN BRENDA MARIE 3b87 E PRESIDENTIAL OR MERIDIAN ID 83642-6032 HARPER PATRICK J 6 HARPER JANET S 3644 E JUDICIAL DR MERIDIAN ID 83642-6024 MARTIN MAY D J do MARTIN OA M 3668 DICIAL OR DIAN ID 83642-6024 NREDENFELD MARVIN 4 MARY TRUST WIEDENFIELD M 6 do M F TRUSTEES 3686 E JUDICIAL DR MERIDIAN ID 83642-6024 HAWES RANDY E HAWES TALINA R 3623 E JUDICIAL DR MERIDIAN ID 83b42-0000 OEISS CURTIS D 8x6 N HARDIN6 WAY MERIDIAN ID 83642-6022 LUMPKIN OTIS JR IUMPKIN DIXIE R 3683 E JUDICIAL DR MERIDIAN ID 83642-0000 O w z 3 0 O J /a V -' a W Q 00 ~ !~O M _ Z Z V ~"' ; a a 0 z W m ,, .~ m m 0 0 ao P 0 0 N 0 0 r~ 0 oa ~~~~ 0 0 ~'1 CITY OF MERIDIAN "Hub of Treasure Valley' 33 E. Idaho Meridian, Idaho 83642 888-4433 S S s .~: ,. ~ ~ ~ c~ ~ ~ Cu`! 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