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HomeMy WebLinkAboutSeverine, James AUP 03-001RECEIVED Va14 Times FEB 18 2003 PO Box 1790 Eagle, Idaho 83616 City of Meridian LEGAL ADVERTISING PROOF OF PUBLICATION City Clerk Office Account: City of Meridian Identification: Notice of Application 1-27-03 Address. 33 East Idaho Avenue Meridian, Idaho 83642 Attention: Will Berg �'•�`5� *so �l •moi •. �oTARr,.• ' 1P . U B LiG000, a OF ' Run Dates: 1/28/03 & 2/4/03 �9 6i Number Lines 18 2 -columns Amount: :2� 3� Other: 9 9 Geneva A. Trent, being duly sworn, deposes and says: That she is the Principal Clerk of Valley Tfinq, a weekly newspaper published at Eagle, Ada County, State of Idaho; that the said newspaper is in general circulation in the said County of Ada, and in the vicinity of Meridian, Star, and Eagle, and has been uninterruptedly published in said County during a period of seventy-eight consecutive weeks prior to the first publication of this notice, a copy of which is attached hereto, and that the notice was published in Valley Tim, in conformity with Section 60-108, Idaho Code, as amended, for -2- time(s) in the regular and entire issue of said paper, and was printed in the newspaper proper, and not in a supplement; and that said notice was published on the following dates: Beginning: 1— 2 8 - 003 Endin o2 _ �,t _ aao,3 STATE OF IDAHO ) )SS COUNTY OF ADA On this�day of ) in the year of 2002 before me, a Notary Public, personally appeared Geneva A Trent known or identified to me to be the person whose name is subscribed to the within instrument, and being by me first duly sworn, declared that the statements herein are true, and acknowledged to me that she executed the same. Notary P c for Idaho Residing at Boise, Idaho My Commission expires: 01/06/05 Meese Page 1 of 2 Kristy Vigil From: Brad HC Sent: Friday, March 14, 2003 8:33 AM To: Kristy Vigil Subject: FW: Mallard Landing - Denial of request for Accessory use Kristy - please put a copy of this e-mail into the Jim Severine/Mallard Landing/Woodworking for Kids, LLC AUP file. Thanks -----Original Message ----- From: MGM [mai[to:mgm@mgmmanagement.cc] Sent: Thursday, March 13, 2003 4:13 PM To: 'Jim Severine' Cc: hawkinsb@meridiancity.org Subject: RE: Mallard Landing - Denial of request for Accessory use permit. Jim Severine, With out trying to get into an argument, the response from the board is as always to uphold the CCRs of the association. As stated in Section 5.12 there is to be no commercial use on any property in the association. Every time there has been a violation of this sort it has been directly taken care of. In your situation, you failed to contact the board/ACC and make application as outlined in section 11.6, 11.7 and 11.8 in the CCRs. If you feel the board has jumped to a conclusion, then MGM Management would recommend that you send them the needed information for them to make a decision. This information will need to be addresses to the board of directors for Mallard Landing, and can be sent by email, or to the PO Box at 1246, Meridian, Idaho 83680. We will place this information in the folder for their monthly meetings. You will receive a response when we receive the minutes from their meeting giving us instructions based on their minutes. Mike Madson MGM Management PO Box 1246 Meridian, Idaho 83680 208-846-9189 Fax 208-955-2675 www.mgmmanagement.cc -----Original Message ----- From: Jim Severine [mailto:jimseverine@ctcweb.net] Sent: Wednesday, March 12, 2103 9:11 PM To: mgm@mgmmanagementcc Subject: Mallard Landing - Denial of request for Accessory use permit. Hi I received a letter today (dated 3/10/03) saying that the association committee has opposed the City of Meridian accessory use permit that 1 applied for and have received (Permit #AUP-03- 001) . In the meeting minutes (from the web), it referred to a woodworking shop, implying a commercial woodworking factory ("wants to operate a woodworking shop at his/her residence'). This shop is no different than a shop that hundreds of Boise area residents have in the privacy of their homes. l think that it would have been more appropriate for you to contact me first, as I am not doing what the assoc meeting minutes imply. I think if you had read the 3/14/2003 Message Page 2 of 2 complete submittal to the city this should have been more obvious. When I made the application to the city, I went to every immediate neighbor in our area and talked to them about exactly what I was doing, so that when they received the letter from the city, they wouldn't jump to conclusions as the board has. I am going to run a Woodworking for Kids program, NOT in the shop on my property. That should have been apparent if you had read the information submitted to the city. No kids or parents will come to my house for instruction or otherwise. Any traffic to my house as a result of this business will be far less than any of the other businesses that are run from home within this subdivision. All instruction will be from a mobile workshop (bus) that is kept in a storage facility and driven to teaching locations. I suggest that the letter to the city be recalled, as it will only cause extra time wasted for all those involved. I also do not want the boards late response to the letter of application to cause me further loss of income after being layed off from my job at Jabil and have to go back on unemployment. As far as the timeliness of your response, the application to the city was made on Jan 23, the letter from the city went out on Jan 27, the board meeting was Feb 18 which is past the end of the 2 week timeframe for a response to the city, and the letter to me was dated 20 days after the board meeting. Not very swift. I have lived in associations in the past, have been on the board of directors, and have strong feelings concerning the conformance to Covenents and Restrictions. I pay my dues on time, and have never been subject to this type of jumping to conclusions. Respectfully Jim Severine Woodworking for Kids, LLC 861-6601 OutlookQP is a registered trademark of Microsoft Corporation 3/14/2003 r � CExV:E1) NOTICE OF APPLICATION W 12 M3 CITY OF MERIDIAN PLANb ING & ZONING NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that James Severine has filed with the Zoning Administrator of the City of Meridian an application for an Accessory Use Permit for the operation of a Service Business *Woodworking for Kids° out of his home at 736 S. Muscovy Avenue, Meridian, Idaho. Comments, either for or against, said application must be Bled with the Zoning Administrator within fifteen (15) days after the initial publication of this notice and shall be addressed to Brad Hawkins -Clark, Zoning Administrator, City of Meridian, 660 E. Watertower Ln., Suite #202, Meridian, Idaho. If there are objections filed within the time allowed, the Planning and Zoning Commission shall hold a public hearing on the application, after proper notice, and may grant or deny the application after making and adopting Findings of Fact and Conclusions of Law. The property at 736 S. Muscovy Avenue is more particularly described as Lot 4, Block 14 of The Landing Subdivision No. 8, Meridian, Ada County, Idaho. Any and all interested persons are welcome and invited to submit comments. Dated this 27"' day of January, 2003. BRAD HAWKINS-CLARK, INTERIM ZONING ADMINISTRATOR PUBLISH January 28"' and February 4"', 2003. PXCEIV-Ej) MALLARD LANDING HOA MAR 12 2003 PO Box 1246 CITY OF MERIDIAN Meridian, Idaho 83680 PLANNING & ZONING 208-846-9189 March 10, 2003 JAMES & KATHLEEN SEVERINE 736 S. MUSCOVY AVE. MERIDIAN, IDAHO 83642 Dear JAMES SEVERINE, The Board of Directors ofMALLARD LANDING HOA requested this letter to - be sent to you because of the request you have made to the City of Meridian for an accessory use permit located at 736 S. MUSCOVY AVE. After the last board meeting, the board recommended to have a letter sent to you reminding you that the plans you have submitted to the City of Meridian will violate the Codes Covenants and Regulation of Mallard Landing. The CCRs restrict the use of any property in the subdivision from being used as a commercial site that distracts from the residential feel and look of the subdivision. This letter has been forwarded to the City of Meridian Planning and Zoning. If you have any further questions, please feel free to contact our office at 208- 846-9189, or visit the web site at www.mgmmanagement.cc Sincerely, .6aaa a( A0k4a0t& MALLARD LANDING Cc: Brad Hawkins -Clark, Interim Zoning Administrator City of Meridian Accessory Use Permit Issued to" Address: 73 S. SSN: Approved Use: C -k 164 Permit # /�Z / f-?- Home Phone Date Issued: 1� It is the intent to permit home occupations in residential dwellings which do not change the appearance of the residence nor the conditions of its residential character. The following conditions shall apply: (1) No person other than members of the family residing on the premises shall be engaged in such operation; (2) The use of the dwelling unit for home occupation shall be clearly inci- dental and subordinate to its use for residential purposes by its occupants and not more than twenty-five percent (25%) of floor area of dwelling unit shall be used in the conduct of the home occupation; (3) No article shall be sold or offered for sale on the premise 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 the con- duct of 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 City Ordinance and shall not be located in a required front yard; (5) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single family residence; (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 elec- trical interference. A roved: j PP / Approved: Plan & Zonin Fire Department /-*N 11� 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 James Severine has filed with the Zoning Administrator of the City of Meridian an application for an Accessory Use Permit for the operation of a Service Business "Woodworking for Kids" out of his home at 736 S. Muscovy 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 Brad Hawkins -Clark, Zoning Administrator, City of Meridian, 660 E. Watertower Ln., Suite #202, Meridian, Idaho. If there are objections filed within the time allowed, the Planning and Zoning Commission shall hold a public hearing on the application, after proper notice, and may grant or deny the application after making and adopting Findings of Fact and Conclusions of Law. The property at 736 S. Muscovy Avenue is more particularly described as Lot 4, Block 14 of The Landing Subdivision No. 8, Meridian, Ada County, Idaho. Any and all interested persons are welcome and invited to submit comments. Dated this 27th day of January, 2003. BRAD HAWKINS-CLARK, INTERIM ZONING ADMINISTRATOR PUBLISH January 28th and February 4th, 2003. CITY OF MERIDIAN Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208)884-5533 Phone / (208)888-6854 Fax ACCESSORY USE APPLICATION APPLICANT: JAm E S R Amo k(a4 t emi 1). SEVER i N e Phone: 84-7835' (Owner or holder of valid option) ADDRESS: -1-3(0 GO. m u scvvy R vG GENERAL LOCATION: 5 ac, rH EAST bF /,4 J TW? !Z.77 0k) I=mo k U A Lt KJ M)Z LEGAL DESCRIPTION OF PROPERTY (Attach description if lengthy): Loi 41 a'3L-OCK 14 OF Wit- LR/uptJvC-7 S0801V/S4Q 6 0k 10 OF 9t,N-e, P&S -723o �; `7231 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:_ 8-J 'X 10o ZONING CLASSIFICATION: �L y VICINITY SKETCH: A vicinity map at a scale approved by the City showing property lines, adjacent uses, streets existing and such other items as the City may require. Also include a site plan showing boundaries of property, floor plan of house area intended for accessory use and parking and yard areas. SURROUNDING PROPERTY OWNERS: Provide a list of names and addresses of all abutting property owners. Abutting land includes parcels across the street on alleys and kitty corner from property, including where a street or alley is between your property and the other property. (This information will be provided by City of Meridian.) DESCRIPTION OF REQUESTED ACCESSORY USE: OP& -R* -E-6EW-V1LE gySoN(-SS 1%L000Dwo2tyA--t, R2 AD1 P V eQo- 'P,y Sovn4 SIDE o'P 1-10ME , p,Er}t►a>> GJ�VTC" Pmt- C" P- t�ctz�°1�TS , No d05rr)6A6n1 FEE: $150.00 domes 7o t40VSE F-vw- Rev. 211102 1. Use made of all abutting lots or parcels: tuSt r)E7,iT-i M. , 2. Are there other accessory uses of a similar nature in the area? If so, state the location and the accessory use: A)O N ©T ra 111 Y KAJ © Y..tJ L kFD u ff- Possible adverse impacts on adjacent property such as noise, traffic, excess light, odor, etc.: OHNE BOS flnoyc�w,�'ur 00 ©t: - of P14+ AJ &, SPA - 4. Do you agree to pay increased sewer, water or trash fees if such are required due to increased use? iU0 '-Do No -r E'er 4N� �E�--ip FOR /�uct2�S t�D c>Se 5. If the accessory use includes construction of a building on the lot or parcel, complete the / following: a. Will all parts of the accessory building be located within the lot or parcel? 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 vard 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? Apt If so, attach a copy of your license. b. Have you applied for or received an occupancy permit? If so, attach a copy of your application or permit. C. Is one off-street parking space per employee provided? d. If the home is located on an arterial or collector, is an off-street child pick-up area provided? e. Is screening of adjacent properties provided? f. Is the play area for the children fenced from streets and neighbors? If so, what is the fence height and type of construction? 7. If the accessory use is for a home occupation, complete the following: a. Are only family members residing in the principal residence? y ES b. Is the use of the residence as a home occupation incidental and subordinate to its use as a residence? yE'S C. Will the home occupation use more than 25% of the floor area of the dwelling? 00 Rev. 211102 d. Will any item be offered for sale that is not produced by the dwelling occupants of the premises? 1Un e. Will mechanical or electrical equipment be installed or maintained other than such as is customarily incidental to domestic use? N 0 f. How much traffic will be generated by the occupation? MAJG- 6Q,s,67 N►O(1C7%A(;Ar r-/J>A y g. Will off-street parking requirements be met? `es h. Will off-street parking requirements be located in a required front yard? N® i. Will equipment or processing create noise, vibrations, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot? A)© J. Will the appearance of the residence be altered or the occupation be conducted in a manner which would cause the premises to differ from its residential character in the use of construction, lighting, signs and in the emission of noise, fumes, odors, vibrations or electrical interference? A-) 0 I hereby certify that the information contained herein is true and correct. STATE OF IDAHO ) ss. County of Ada SIGNATUR:L_ SOCIAL SE TY NO.:_ DATE: N,---t-(� 2.0© r - 23 On this o�?J day of �, 200,3, before me, the undersigned, a Notary Public in and for said State, personally appeared .Ta mes R Se -ye. rw-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. .•'41�M .� p '•., .Z4' �!�1�'; Notary Public for Idaho Residing at: kVrL&, • (SEALu }pZA+Y My Commission Expires: /fl_ ; G *' � PUBtil . O ti��q Tg Ug 1 ••.•• Rev. 211102 n a7' 6RcL Y(j.XD /r ED IJ$ls,lnrr+r %:r of Autulq rti�Att62,. LLr,i a f , / j i a.et I Lt NL, Ji i'rM "iE" 1j CRS (z A,A,,C P 21, FF1�c� �—� � f � BAR• t' ZDNt- �,A;L� `7310 S.1Musaovy Apt n /'1 FeNIE- C^) ATE D fr�NL6 Abutting Property Owners 736 S. Muscovy Ave HILL ANTHONY W do KASEY L 780 WALTMAN LN MERIDIAN ID 83642-2852 GOMEZ RAMON 5 7115 MUSCOVY AVE MERIDIAN ID 83642-0000 WATSON JASON L A WATSON KARRIE L 702 5 MUSCOVY AVE MERIDIAN ID 83642-0000 SEVERINE JAMES R SEVERINE KATHLEEN D 736 5 MUSCOVY AVE MERIDIAN ID 83642-0000 BERGER MICHAEL J 737 5 MUSCOVY AVE MERIDIAN ID 83642-0000 MCCARY JIMMY N b MCCARY SANDRA 768 5 MUSCOVY AVE MERIDIAN ID 83642-0000 e-"\ Land.America Transnation Escrow No. T02-85844 #D FOR VALUE RECEIVED ROB FRIESEN, a single man C : CLIWITY RECORCE-1 2Y010C -2 N1 It: 12 WARRANTY DEED RECORDED-R;CiticST G�= FEE"` DEPL - 102114064 TRANSNATION GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL AND CONVEY unto: JAMES R. SEVERINE AND KATKLBSN D. SBVERIN$, husband and wife GRANTEES(s), whose current address is: 736 s Muscovy Avenue , Meridian, ID 83642 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: Lot 4 in Block 14 of THE LANDING SUBDIVISION NO. 8, according to the official plat thereof, filed in Book 70 of Plats at Pages 7230 and 7231, records of Ada County, Idaho. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Date: September 30, 2002 Rob Friesen Notary Acknowledgment — see page 2 State of Idaho, County of ada, ss. On this , �J day of September in the year of 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared Rob Friesen known or identified to me to be the person(s) whose `iaa*s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the Nancilee Boslau Residing at: Meridian, ID My commission expires: 11 /12/2004 Return To: ADDISON AVENUE FEDERAL CREDIT UNION P.O. BOX 10302 PALO ALTO, CA 94303 Prepared By: ADDISON AVENUE FEDERAL CREDIT UNION 1501 PAGE MILL ROAD. NS 1120 PALO ALTO, CA 94304 [Space Above This Line For Recording Data] DEED OF TRUST DEFINITIONS Loan Number: 11905-20 Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated SEPTEMBER 25, 2002 together with all Riders to this document. (B) "Borrower" is JAMES R. SEVERINE AND KATHLEEN D. SEVERINE, HUSBAND AND WIFE Borrower is the trustor under this Security Instrument. (C) "Lender" is ADDISON AVENUE FEDERAL CREDIT UNION Lender is a A FEDERALLY CHARTERED CREDIT UNION organized and existing under the laws of CALIFORNIA IDAHO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3013 1/01 OW 6IID) 10005) Page 1 of 15 VMP MORTGAGE FORMS - 49001521-72+91 I MINA �I II I IIII�IIIII ODS -02 b`� 1 --- -- --- --- -- --- --- -- --- --- -- --- - - - - � U CLLL • �l i ~ �\\ 4) � X H O v tom' O LL_ CL O LL O W U F U a - c� QQ jj z O < LL O Z • U Z F U U Q a� w U > W (=j p m Z ami OC m O 2 Z N v w o t Z N pC\ a✓ U Q CL a a Q Q b`� bion elgelun000d ao:j O) i LL co V) Li �m NLa 0) m EVa3w am0mxcm c�o W ' LL m . 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