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HomeMy WebLinkAboutSmithee, Laura AUP 06-003W March 15, 2006 Planning Director, City of Meridian C/o Kristy Vigil, Assistant City Planner 660 E. Watertower Ln. Ste 202 Meridian, ID 83642 RE: Application for the operation of a Family Day Care for six or fewer children located at 3051 N. Thames Ave. Dear Ms. Vigil We are writing in response to the letter we received regarding the above Application for a Family Day Care. We would like to voice our concerns for this application. Our home is directly across the street from this property and we do not feel the location of this property lends itself to this type of business. It is located on the corner of a cul de sac, which in our opinion has enough traffic with the current owners of the homes within right now. We feel this would only make it more difficult for those of us who own homes in the area to get in and out by adding additional traffic to this area. Also, our covenants do not allow for any of the properties within our subdivision to be used for commercial use, which is what this will be. The owners of this property would have signed agreeing to the covenants when the property was purchased. The occupants are currently renting this property and we as owners of our homes do not appreciate this type of use. We included a copy of our covenants with the items highlighted that we feel are pertinent to this matter. Please take our concerns seriously in your review of this application Sincerely, Tracy and Margaret Hopkins 3095 N. Thames Ave. Meridian, ID 83642 t CITY OF r �.-� IDAHO _NEASURE VAl1EY SINCE 1903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HIR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234 / fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane Suite 202• 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 895-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 / fax 884-1159 March 2, 2006 /'*N RE: Application for the operation of a Family Day Care for six or fewer children located at 3051 N. Thames Avenue. To. Whom It.May .Concern: This letter is to inform you that Laura Smithee requested approval to operate a Family Day Care for six.or fewer children out of her home -at 3051 N. Thames Avenue, Meridian, Idaho. You are invited to submit comments, either for or against this request.. . All continents must be filed with the Planning Director within 15 days after the date of this letter and should be addressed to Planning Director; .City of Meridian, c/o Kristy Vigil, Assistant City Planner, 660 E. Watertower Ln., Ste. 202, Meridian, Idaho. Sincerely, b y v7 Vi it for - Anna Borchers Canning, AICP Planning Director - CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper %i V %J v V t0�i o o b. An easement for ponds, lakes and water courses as shown on the recorded subdivision plat for the Property, including any equipment or appurtenances as may be constructed by the Grantor or the Association within the Property for drainage, irrigation, flood protection, recreation or amenity purposes. C. An easement permitting the Grantor or the Association, their contractors and agents, to enter onto those portions of Lots contiguous to any Common Area to maintain, replace and restore landscaping and other Improvements within the Common Area. d. An easement to permit the Grantor or the Association, or their contractors and agents, to have access to and enter upon any easement described in this Section 1. 4.2 Maintenance Of Easement Areas. The easement areas (excluding any equipment or appurtenances owned by the Grantor, the Association, or a utility company) reserved in this Section 4.1 shall be maintained by the Owner of the Lot upon which the easement is located. 4.3 Limitations On Improvements. No improvements shall be placed or permitted to remain on any easement areas located within any Lot which shall interfere with the intended use or purpose of such easement(s), and no other activity shall be undertaken on any Lot which may interfere with the use and access intended to be provided by such easement or the installation or maintenance of the utilities or other facilities, if any, located on such Lot. 4.4 Persons Entitled To Enforce The Easements. Except as otherwise noted, the easements set forth above are reserved for the use and benefit of (i) the Grantor, (ii) each Lot, (iii) each Owner, (iv) each Occupant, (v) the Association, and (vi) the successors and assigns of each of the preceding persons. 5. PERMITTED USES AND PERFORMANCE STANDARDS. 5.1 Use. Lots shall be used exclusively for residential purposes and such uses as are customarily incidental to the residential purposes in an urban setting. MASTER DECLARATION CF COVENANTS, CCNDITIONS, RESTRICTIONS AND EASEMENTS FOR CANDLELIGHT SUBDIVISION NOS. 2 AND 3 - 6 �n -L00UVv0455 more restrictive. 5.7 Antennae. No exterior radio antenna, television antenna or other antenna (including satellite dishes) shall be erected or maintained on a Lot without the prior approval in writing by the ACC. 4„ 5.8 Commercial Use. No Lot shall be used at any time for commercial or business activities, provided, however, that the Grantor and persons authorized by the Grantor may use a Lot(s) owned by such Grantor for development and sales activities relating to the Property, model homes or real estate marketing and sales. 5.9 Lighting. Exterior lighting shall not be placed in any manner which shall cause glare or excessive light spillage on a neighboring Lot(s). Each Owner shall maintain, replace and repair and pay for all power and other costs of operating the outside lights installed on a Lot by a Grantor or which are required to be installed by the ACC as a part of the approved construction plans. 5.10 Animals. No animals, livestock, birds, insects or poultry of any kind shall be raised, bred or kept on any Lot, except that domesticated dogs,. cats or other small household pets which do not unreasonably bother or constitute a nuisance to others may be kept, provided that they are not kept, bred or maintained for any commercial purpose. Dogs and other similar pets shall be on a leash when not confined to an Owner's Lot. 5.11 Septic Tanks/Cesspools. No septic tanks and/or cesspools shall be allowed within the Property. 5.12 Grading and Drainage, A site plan indicating the proposed grading and drainage of a Lot must be approved by the ACC before any construction is initiated. Lot grading shall be kept to a minimum and Buildings are to be located for preservation of the existing grade(s)-and any-grade(s), berms or swales should be an integral part of the grading design. 5.13 Oil and Mineral Rights. There is hereby reserved to Grantor, all oil, oil rights, minerals, mineral rights, natural gas rights and other hydrocarbons by whatsoever name known, geothermal steam and all products derived from any of the foregoing, that may be within or under the land comprising the Property, together with the perpetual right of drilling, mining, exploring and operating therefor and scoring in and removing the same from said land or any other land, including the rights to (i) whipstock or directionally drill and mine from land other than land within the Property, oil and gas wells, tunnels and shafts into, through or across the subsurface of land within the Property, (ii) bottom such whipstocked or MASTER DECLARATION OF COVENANTS, CONDITIC'IS, RESTRICTIONS AND EASEMENTS FOR CANDLELIGHT SUBDIVISION NOS. 2 AND 3 - 8 /'N� Milan Kovach 2960 W Joust Meridian, Idaho 82642 208-884-0850 Planning Director, City of Meridian c/o Kristy Vigil, Assistant City Planner 660 E. Watertower Lane Ste. 202 Meridian, Idaho 11 March 2006 Ref Application for the operation of a Family Day Care for six or fewer children located at 3051 N Thames Ave. I don not concur with the establishment of a day care center at the above referenced location. Currently there is no indication that anyone lives in this residence and the area is zoned residential and not for businesses. Thames is one of two entrances into the Candlelight Subdivision and the proposed center sits adjacent to this busily traveled thoroughfare. Having small children ingress and egress out of a residence in this area constitutes an extreme safety hazard. For these specific and other reasons I don not concur with this proposal Milan h March 15, 2006 City of Meridian 660 E. Watertower Ln., Suite 202 Meridian, Idaho 84642 Attn: Kristy Vigil, Assistant Planning Director, Anna Borchers Canning, AICP, Planning Director RE: Application for the operation of a Family Day Care for six of fewer children located at 3051 N. Thames Avenue. Dear Ms. Borchers Canning: This letter is in response to your notification signed by Kristy Vigil regarding a proposed Day Care business in the residential neighborhood in which I live. I am informing you that my wife and I are against this request and respectfully request that you do not grant approval for such a business to be operated in a residential zone. We feel that such a use is not within keeping of an area that is zoned for residential use. Businesses operating in a residential neighborhood do not match the expectations of a quite atmosphere due to an increase in traffic to and from the business during the day. Residential neighborhoods, zoned for residential use, are a place for people to live. Any business that generates traffic trips, such as a day care, will have a degrading effect on the neighborhood's character, noise levels, and safety. Also, in our case, our neighborhood's association strictly prohibits businesses from being operated from any house. I realize that the City cannot enforce Homeowner association rules, however, it would be nice if the City would recommend that applicants should check with the homeowner associations for a proposed activity with respect to the property in question. Last fall, during Neighborhood Night Out week, our subdivision was visited by Mayor Tammy de Weerd and several City Council members during a street party sponsored by our homeowner's association. It was great to have them visit our subdivision and show support for our City's neighborhoods. During that visit, the Mayor and council members expressed how it was important that our City's neighborhoods be watched, not only by our police department, but also by the residents. Having a business operating within a neighborhood would bring more strangers into the neighborhood, again, causing a degrading effect on the neighborhood's character and safety. Thank you for this opportunity to comment on this business enterprise that wants to operate in our neighborhood. I trust that you, and the City, will take our concerns under consideration and deny this application. Sincerely, �,r Pete Szobon a 3064 W. Sweetbriar Street Meridian, Idaho 83642 Robert and Naomi Wittell 2923 N. Thames Avenue Meridian ID 83642 Planning Director City of Meridian c/o Kristy Vigil -- Assistant City Planner 600 E. Watertower Lane., Ste 202 Meridian, Idaho 83642 SUBJECT: FAMILY DAY CARE This letter is to notify the City of Meridian, Planning Committee, that we, Robert Wittell and Naomi Wittell, do highly object to the operation of a Family Day Care for six or fewer children that would be located at 3051 N. Thames Avenue. From the beginning of the Candlelight Subdivision, it has been in the CC&Rs that there should be no business operating in the subdivision. We purchased our home in this subdivision because of the high standard of living brought about because of the strict CC&Rs. We feel this would bring unnecessary traffic into the subdivision, as well as to cause other homeowners in our subdivision who also bought here because of the strict high standard to relocate. If businesses are allowed to operate out of the homes, this will affect the property value of the other homes in the subdivision. If this day care is approved, this will only open the door for other businesses to begin to operate. We wish to keep this subdivision of high standard. Naomi Wittell Planning Director, City of Meridian Go Kristy Vigil, Assistant City Planner 660 E. Watertower Lane, Ste. 202 Meridian, Idaho March 7, 2006 CITY R 1 o Zoos Re: Request for approval of a Family Day Care Center @ 3051 N. Thames Ave. I did not receive notification of this request from you although I think I should have as I live at 3130 N. Thames Ave., only three house north & I'm sure within 300 feet of the premise in question. I oppose granting this request for the following reasons: 1. It would be in violation of our C.C. & R's, prohibiting a business. If these CC&R's have no meaning then why are they entered into our contracts when we buy into these subdivisions? The City should respect them so as to help uphold the property values since tax revenue seems to be the Holy Grail for all City Officials. Nothing else seems to matter any more! 2. The request states ` out of her home'. No one has seen anyone move into this house yet, aecording to the next door neighbor, who kindly brought me a copy of the notice he received! If Laura Smithee isn't going to live there, then it will be, pure & simple, most definitely a business, with the resultant increase of traffic exceeding the 20 mph speed limit. 3. It also appears to be a rental, of which at least six have suddenly popped up in this subdivision, which too often are the source of other detriments to property values. 4. I'll bet you Planners wouldn't allow this or any other business to locate next door to your homes. Please help us uphold the integrity of our neighborhood & have everyone obey the roles! Sincerely, James J. West March 6, 2006 Planning Director City of Meridian C/o Kristy Vigil Assistant City Planner 660 E. Watertower Ln., Suite 202 Meridian, ID 83642 Kristy Vigil: I am a resident of Candlelight subdivision and received a letter regarding an application for a family day care just across the street. I am highly against this application for several reasons: This is already a high traffic area due to the fact that Thames is a main entrance into the subdivision off of Ustick. This will only make it worse. We have a lot of children in this area who pick up the bus just up the street and the increased traffic will make this much more dangerous for these children. I am opposed to the extra noise it will bring. I love my subdivision because it is so quiet.....you can actually sit on your patio to read and not be disturbed. There are 3 elderly couples that live beside and down from me and I'm sure this will affect them. In my retirement the last thing I would want to be around is a bunch of screaming and crying children. I do not think a commercial business belongs in a subdivision. It will lower all of our property values and become an eye sore. I understand the person (s) applying for the permit is only renting the property and not buying. As we all know, renters in the first place do not take as good of care of their property as buyers do. I'm afraid it will just become an eyesore in our beautiful neighborhood. I also understand the home directly behind this property has a pool in their back yard. Therefore they would be extremely affected with the extra noise and lack of privacy. My last comment is this: It states in our CC&R's that a commercial business is not allowed. Let's make NO exceptions. Thank you for your time, Sincerely, y4g�o Tanya L. Zagat 3112 N. Thames Ave. Meridian, ID 83642 208-288-0648 Donald L. And Shirley A Rhodes 3074 N. Thames Ave. Meridian, ID 83642 208-884-8724 March 7. 2006 Ms. Anna Borchers Canning, Planning Director City of Meridian, Planning Department 600 E. Watertower Lane Suite 202 Meridian, ID 83642 Re: Application for the operation of a Family Day Care for six or fewer Children located at 3051 N. Thames Ave. We must object to the request. The Candlelight Subdivision covenants prohibit the property to br used at any time for commercial, or business activities. A day care operation would definitely fall in this category. City of Meridian regulation for a Day Care Facility, 11-4-3.9, Sec. A, paragraph 2, requires onsite vehicle pickup, parking and turnaround areas to be provided to ensure safe discharge of pickup of clients. The property located at 3051 N. Thames definitely does not provide such facilities. We are concerned about the noise and traffic congestion that would be created by such an operation. Also, it would create unsafe conditions for the children who live on that cul-de-sac, since they often play out on it. If we can provide any further information, please advise. Thank you for your consideration. Donald L. And Shirley A. Rhodes /'\ CITY OF. IDAHO Y / � rf.,ti , r /u� Tleensutsf V,v.�tY SINCE 1903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234 / fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6844 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 895-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N.W. 8th Street 888-5242/fax 884-1159 March 2, 2006 RE: Application for the operation of a Family Day Care for six or fewer children located at 3051 N. Thames Avenue. To Whom It May Concern: This letter is to inform you that Laura Smithee requested approval to operate a Family Day Care for six or fewer children out of her_home.at 3051 N. Thames Avenue, Meridian, Idaho. You are invited to submit comments, either for or against this request., . All comments must be filed with the Planning Director within 15 days after the date of this letter and should be addressed to Planning Director, City of Meridian, c/o Kristy Vigil, Assistant City Planner, 660 E. Watertower Ln., Ste. 202, Meridian, Idaho. Sincerely, �Vifor Anna Borchers Canning, AICP Planning Director CITY FALL 33 EAST IDAHo AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper A rrrr� c+r e'. urn"" Planning Department ACCESSORY USE ■ Application Checklist Project name: 5 Gl G G V- � File #t Applicant/agent: C CL kkf All applications are required to contain one copy of the following: Staff Apel ant Descnptian = fail M THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION. . 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6678 Website: www.meridiancity.org Completed & signed Administrative Review Application ✓ Narrative fully describing the proposed request Recorded watranty deW for the subject property Zf Affidavit of Legal Interest signed & notarized by the property owner (if owm is a cmporation, submit a ofthe Articka•at` or other evidmoc to show that the ' is an at -" Scaled vicinity map showing the location of the subject property (can be obtained from the Planning Department) JW Scaled or dimensioned site plan showing the boundaries of the property, floor plan of house, area intended for accessory use, and parking and yard areas.~ Fee S1d), OualRe Include the following additional information in the narrative: ➢ The total number of children proposed to be cared for during the da` Include fencing details on the site plan location, type of fence v A copy of your application for a Basic Day Care License from the State of Idaho Department of Health & Welfare—Family and Children's Services Division. (Your application will not be approved until we receive proof that the State has issued you a license. Standards for Da Care Facilities, Statement of Compliance form signed by applicant licantnit "In P uireinent a 'r I3omeccu anon A ":Itc Standards for Home Occupations, Statement of Compliance form signed by applicant THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION. . 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6678 Website: www.meridiancity.org CITY OF erl�it�-n 33 E. Idaho Ave. % Meridian, ID 83642 Date 25—al 7- Wo Applicant Address] 03- Ce (i 2— Phone • CASH CHECK # NAME ON CHECK IF DIFFERENT THAN APPLICANT 1 i i I i i 1 -e� i D'n 1 i i i 1 i i i i i i i i i i i PAYMENT DOES NOT INDICATE ACCEPTANCE OF APPLICATION TAX 7522 Received gy TOTAL 55748 0 3T),�1MYCs } i�fi ,4 f-^eAah'2, f Planning Department CE15JE'DADMMSTRATIVE REVIEW APPLICATION 1P2 ne FE@ Z Z� of Review Requested (check #U (1S Applicant name: _(- G.vk Y Q �3 C Q h3Sr" 't)a 2 e Applicant address: 3 Q S 1 k' , -T , m &,-c, !B O G Zip: Contact name: LPL�k Ct S n l �lh ee Phone: J`, 30 - 990 " 197 A plplicant's interest iin► property: ❑ Own 'XRent ❑ Optioned ❑ Other rn *ownerwwre•sj-2 4 - try1� u`" Zi p. Agent name (e.g., architect, engineer, developer, Firm name: Address: Contact name: Primary contact is: ❑ Applicant E-mail: Information Zip: _ Phone: Fax: Location/street address: M C S U *Assessor's parcel number(s): I ga-1 -1 r-{-�2.0 13 O IkTownsl}ip,xange, section: l -DT I _ Cun ent land use: Qe6 i de l i u Q i .Ciurent zoning district: 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6678 • Website: www.meridiancitv.org 1 /O�N e**N Project/subdivision name: ,.1 ff General description of proposed project/request: J n-1<4\\Ckm t y 01V C G Y ' © TO b r)a I I A neve, Proposed zoning district(s): Acres of each zone proposed: Type of use proposed (check all that apply): ❑ Residential ❑ Commercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): Residential Project Summary (if applicable) Number of re ' ential units: Number of building lots: Number of comm and/or other lots: Proposed number of d ing units (for multi -family dev=edrooms: ly): 1 Bedroom: Minimum square footage of stt Minimum property size (s.f): _ Gross density (macre-total land): Percentage of open space provi Percentage of useable openx/pa (excl. Type of open space pr ded in acres (i.e., landscaping, Type of dwelling( proposed: ❑ Single-family ❑ 1 Proposed building height: _ Average property size (s.f.): Net density (DU/acre-excluding roads & alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) te, ommon, etc): ho ❑ Duplexes ❑ Multi -family Y Non-residential Project Summary (if applicable) Number of building lots: \_ /Other lots: Gross floor area proposed: Hours of operation (days and ho Percentage of site/project devoted to Landscaping: Total number of employees: Number and ages of students/ 7iln (iTotal number of parking spatided Authorization Print applicant name•. Applicant signature: Building: Existing (if applicable): Building height: Paving: number of employees at any one time: Seating capacity: ,dumber of compact spaces provided: Date: a- (o O (o 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6678 • Website: www.meridiancitv.org 2 a e*N 10� - � AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA JQ0L name) (address) �L (city) (state) being first duly sworn upon, oath, depose ,annd�say: 1. That I am the r.eevn�-vvvaf er of the perry esc ' � the attached, and I grant my permission to: IWA9 h -;W( (name) (address) to submit the accompanying application(s) pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and its 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. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this _day of 1:�`fm , 20,060_ SUBSCRIBED AND SWORN to before me the ffDannyel Chaloupkatat o Public -, 01 (Notary.Public for Idaho) Residing at: OA a My Commission Expires: q- IDSOS Document ^ el%N Page 1 of 1 ARTICLES OF INCORPORATION (General Business) FELE® EFFECTIVE (Instructions on back of application) Z The undersigned, in orderto form a Corporation under the provisions of Title 30: Chapter 1, Idaho Code, submits the t ,r JE following articles of incorporation to the; Secretary of State.' Article 1: The name of the corporation shall be: Gem State Rentals, Inc, an Idaho corporation Article 2: The number of shares the corporation is authorized to issue: 1000 Article 3: The street address of the registered office is. 25 E. Fairview, Suite 212, Meridian, Idaho and the registered; agent at such address is: ,Maya Pavane Article 4: The name of the incorporator is: Maya Pavane and address of the incorporator is: 25 E. Fairview, Ste 212, Meridian, Idaho Article 5: The mailing address of the corporation shall be: 25 E. Fairview, Ste 212, Meridian, Idaho r Optional Articles: 2&ana�t re of tleast one incorporator: d me: Maya Pavane Name: I�Gi.storrw Acct M: — ... wo^ i. ".. Secretary: of State tele onry. is Ipgq SEMEW OF STATE ®71�1I2Sti15 e5 s Ail< CKI 38 8 CTI: 44583 illi: 822443 a 3 Y I ! !ILII = lum MW 1-2 J •T /) ■Jj /1 http://www.accessidaho.org/public/sos/corp/search.html?ScriptFonn. startstep=docview& S... 2/27/2006 FROM :THEMAYAPAVANETEPIO*N FAX NO. :208846878�� Feb. 27 2006 04:15PM P2 FROM :7HEMAYAPAVANkTErAM FAX 140, :2098468791 Nov. 16 2005 04:21PM A3 Property M4rllltgeine4t Agr'fbhuent for Goo 6hIte Rentals TIRLS AGjUt b XNy made and entaa'IOa into ts baotrw,eon„ hi -1%s day ofycm, by and at W5 Cpty of�"' Rsa9ding at C1 h0rck1afW rrtbenvd to as " y "'"'' Cotmty of M „r of Idaho "dwtter," med GENE STATE RirjaALS, holvir retbnveE to se µA �. 1. 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No Improv wdnout thn riot a+btin. mage thew $300.00 per oarurmwa Shen be ma& by P 40*0tiaat m it 0WnK is not rveadlly available for cmawtatio", ,49" SW, have authority to act in uwnore lnterm L) N ugotiatcion of t.e�rnrr, Aged sbul l Mawr #0 atdMily sad exclaelvo rift to negadapr Dowses and eo-mdrltb tp mics WA N g md pave tenaft on ft= Bpyhpved Owner.by P) lndM=dM t'=Ontraounra: Agaat ,4011 haws the authp * to hiie, suPurvISO and torminam co b" t Of Owner all l�t cor*W% and P100" hair Pel , U) Ugal Anftanoe: In as 11uwh as Agee is 1101 atuhariaed to praWco 14w, whare, UNIStanec Is naodcd for auM maw" as errlbrt•, n, 00 00110WOni of gaol or eyoWon of a tCNWt, huc It OOW$eli 0*11 hip by MM diwil;� ut hppraved by Owaeu, The oxperuees frar such r� Tenants: Ag" shall handle sal tanaett MgUest and anogWaga a that may arlae frnm titm to f+) lkitcords: Agmt"maiata6 o re'o'-ds'fall monim reoeivnd aid disbiaaed 911 ccmr�dion with fts maoengaerstiet of"W" bthe proper Y, std aumords OW be opCa for imy Owna3r at au WAW"ble times. ASW Shall also Wader to owaor a periodic statarnent hawing 4U raceipta and disbWmmmntk uwftr with ming Vouchers. veiZA 30ad 0:100 dns 3aij 06Z£6995Tbi 09�L© 9002;�c,/Zt FROM :THEMAYAPAVANETEA024's FROM : TWeAAYAPAc,p.�ETEHM FAX NO. :2088468781 Feb. 27 2006 04:15PM P3 FAX NQ, :213GU68781 .Nov- 16 —2W5 04:*1 PM P4 H) paydteW W t>MW A*ftsgWdadU,L,4lj Wthorlmd pxpontes sad resWWS resluon& to operation mul =24a ow of the propav born tha fuW* to the socount of 4wnar, or make peyntents at Owner may � elect h' wriring, will h& meWu no fitter than the l S`" of aach month utiles the 150-191-4# on a wecnd or hulidty. priWluac; On the ex"M td" of Chia agrootn"t„ CMW will rav W Oxisting aovtxu s with his Insures bl+*Or to detrtrminu adequsay of covoruge. Ltd+tl "archon of Ag=L' B>00114 for the wi0lltl misconduct of Agent, Owner agrees to ittdemr * Agont spinmt all costo, expenses, attorwy Re05, sonar IinhDitics, an,d alarrtagor tato, or oonnoatad wide the maahagesaettt afthe prapeety by Aput or the perRtrcrtrnoa or rmcieraipu c)(my dWlo% obNgatioss or powows begin or her gns►ted to Age t. Awttwr agrees t,, gwTy bodily ". px4 ny damages, sed porsoml Injury public liability irwantte in limits of jun lt%%v thin 5300,000,00. 1ReVetaWlbll "0 61 OWNWA: 1n cOnMdeTWau of tbo prop" amagnum wmviw to be road& by Agent under this agt>;tCtt a, owner shall; A) M'ttrnishing of doewnems: Promp* fumish Agent all docuumm and re"d: to P"01Y m the ptopurty. ineWing but not Iiupiatad to teases (irwludhV mendrnoma sed Aartw" h onuipondeace rely iog ihmtc06 stattw ofrenrW l*nom ittlbrusdihott and Copies of existiaa service co>atscts. Ittsuta= POUGick: PUmieh Agent aopia:a of all inOWAnoc policies dW acs} from dine to tlmo storied by UwW during tits torte of this agt+aea WW and the @Adotatua><eat called Por ha in. C) R bibata nwo of advences by Agent: Raimburse Agent, on domxnd, to the W trtdeo,t of all monies advowed by AV& for the w4 watt 01, Ower in carrying OW dts porposc of this agroempg , a being undmux4 Char Agent is not obligataod to choice such adv ulM of mosey. Appy advhmoes Wd by Aput not MimburWA by Monica within 30 dog of bilft will bo ehargad a S 100.40 tato fa per won& null %W morias ars pbtiid In JUL U,) Gcuformlty Of law: Owser aV= that Agent shall rssClrtge ft pwporty ill full ootuplianae with the uequirenemu Of All applicable haws, Wd that Agent .is autkoriwd to take auoh action as A&W deems appmpriaCo to comply with lgwg, Cantptlwc: A) Tb* Owner to PIW Agrmt 10% of rhe grass monthly Collection and. 60"A CAP propertty 69 the Pmapatty MMemem services set thrtb In this agt r=L ebou,ld the Owuw ottuae] this Agra r4W for any ve4aw prior to the strain ramal of said ply, Ovt<nW ugrdw to pay Apt a mini nom Of &rw (3) rnonttat owaipwoution. �) The UWflW ab"A to PRY an Initial sct-W rase per adchm to Agent in the waxmt of S300.00 61'r the rWWf uticm of creditors and terming up wog aaha,A UM, P@/E0 39dd 0300 df1S 321IA ©6Z£8895TVT 09:L0 FROM :THEMAYAPAVANETEP^ FAX NO. :2088468781^ Feb. 27 2006 04:16PM P4 FROM ; THBMRYF1PI ANSI -g M FAX NO. ; 2088468781 Nov. 16 20Q5 04:21Ph1 F'S C) Loco cha tpl, if any, oonodId by Agent Isom T OWWW"A o ro A coliection C63" eft Shall be conpidpW ,*pmtzd igxxm w' wmerwd. and shall Scot atlfsot dra Owntleg T Artctioa of Agro near. � anent 4 att ooptlnne undl on anWml into. ane yam,. �,�, agKe�nent wil l ca�ciaue ►mq) tares � Me dmu k wau W4*n rlrrtll gjven 1y e1aw party, by rry ( l) days x Notices: Par She McIm q ofthim 'Mailing addna of aygraotnaut and until ct by �raa� fur 1�nrpu�,es 1 bo; W^l notice to Ada For purposes aP this As"m4ro, end untyl chaa Of Agant ibY all pw'paees shall b L Gtarw blase Eby wdu" nodoe to Oww' the MaWnb addrm4, ID. fikb. tat E Falrw*W Ave, Sake 14r4ertclia�a IN Vv"J"S WH1ER". 60 Mm�i's havo executed dila ears or in Maidiaa /daiori thn day and year ft above wrime n. -Ot uuu- �t5"� Ilam 0 b0/y0 mvj 0300 dnS 3aI3 06Z88599ibZ 05:L0 50f�Z.l�Z/ZZ l(D e"4\ �77 UP ckx� Ilui� � xhP"CI � S i VIN 0% ckp-a C�d-�heS qon 7 IW I � (an NA.) 1>1 C1 Ani w F -j 1% 10. I 1 10 t.,,\ A e1 k Clk- m STANDARDS FOR DAY CARE FACILITIES STATEMENT OF COMPLIANCE UDC 11-4-3.9: Day Care Facility A. General standards for all child day care and adult care uses, including the classifications of day care center; day care, family; and day care, group: 1. In determining the type of day care facility, the total number of children cared for during the day and not the number of children at the facility at one time, is the determining factor. The operator's children are excluded from the number. 2. On-site vehicle pickup, parking and turnaround areas shall be provided to ensure safe discharge and pickup of clients. 3. The decision-making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. 4. The applicant or owner shall secure and maintain a Basic Day Care License from the State of Idaho Department of Health and Welfare—Family and Children's Services Division. 5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall ibe between 6:00 a.m. to 11:00 p.m. This standard may be modified through approval of a Conditional Use Permit. B. Additional standards for day care facilities that serve children: 1. All outdoor play areas shall be completely enclosed by minimum six-foot (6') non -scalable fence to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the Building Code in accord with Title 10 of the Meridian City Municipal Code. 2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. 3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. Certification: I have read and understand the above standards for operation of a day care facility and certijy that I will conduct my business in accordance with these standards. If I cannot meet these standards, I am not allowed this accessory use. Applicant's Signature: Date: 017 Stabs Of Idaho HW -0383 DEPARTMENT OF HEALTH AND WELFARE Rev11194 APPLICATION FOR BASIC DAY CARE LICENSE OR CERTIFICATION TYPE: (check one) Basic Day Care Center License (13 or more children) Group Day Care Facility License (7 to 12 children) ,X pay Care Home License (6 or fewer d-ddren) Certified Group Day Care Facility (7 to 12 children) 1. L%AYGQ 17i Svv%%-� nee, hereby apply for a Basic Day Care License or Certification (indicate above) in accordance with Idaho Code 39-1101. 1 understand that my facility must comply with all applicable health and fire standards and all owners, operators, employees and volunteers and all other individuals twelve (12) years of age or older having unsupervised direct contact with children in care shall have criminal history check. N Applicant's name (please print) L -c. L • e c. ez u e 2 Applicant's Social Security number Name of Facility l.� Y41,or- LUOAj de- a es a r e - Address of Facility 20_S 1 n) . c rn0C C% P v f-: City, State, & Zp wex ► cva iv -in. A a i&a Telephone Number Q Oa -.p 95<f - .A; 3 d ;t _ Name of Operator L c4 to V G ems-• N m 1-% e C. Name of Employees Domes -70 (Add another sheet for more names.) Names of Volunteers A) fb aT Duties (Add another sheet for more names.) The Department of Health and Welfare will process your application upon receipt of the necessary reports from the Health Department, the Fire Department and the Criminal Identification Bureau. � In � y r_r h. i LandAmerica Transnation ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 6.00 2 BOISE IDAHO BBNb105 04:49 PM 1 uu�u DEPUTY Vicki Allen III I�IIUIilliuil�ullN�hlli I �II RECORDED -REQUEST OF 105109476 Transnation Title Escrow No. 0500032629 WARRANTY DEED FOR VALUE RECEIVED CARY HARP AND STACIE L. HARP, husband and wife GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL AND CONVEY unto: WAYNE STEWART AND ANNIE STEWART, husband and wife GRAN'TEES(s), whose current address is: 33 DON TOMOTEO CRT , SONOMA, CA 95476 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: Lot 18 in Block 4 of CANDLELIGHT SUBDIVISION NO. 3, according to the official plat thereof, filed in Book 66 of Plats at Pages 6892 and 6893, 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 feesimple of said premises; that said premises are free from all encumbrances EXCEPT those to which this conveyance is expressly made i 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: August 3, 2005 Cary D. Harp i L. Harp Notary Acknowledgment — see page 2 WARP NTY DEED - NOTARY ACKNOWLEDGMENT(S): State of IDAHO, County of CANYON, ss. On this b day of AUGUST in the year. of 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared CARY HARP AND STACIE L. HARP known or identified 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. Residing a*NAMPA, ID My commission expires: %"1 Date March 6, 2006 To: Planning Director City of Meridian C/O Kristy Vigil Assistant City Planner 660 E. Watertower Ln., Ste. 202 Meridian, Idaho To Whom it May Concern: My name is Kevin Hansen. My wife Sue and myself reside at 3023 West Joust Street, Lot # 14 in Candlelight Subdivision. This letter is in TOTAL OPPOSITION to the letter sent to our residence dated March 2, 2006, which is attached to this letter, in regards for the following. RE: Application for the operation of a Family Day Care for six or fewer children located at 3051 N. Thames Avenue. My wife and I are TOTALLY OPPOSED to this operation next to our home. This is in violation of our Covenants, Conditions, Restrictions and Easements for Candlelight Subdivision NOS. 2 and 3, Section 5.8, which states below. 5.8 Commercial Use: No Lot shall be used at any time for commercial or business activities, provided, however, that the Grantor and persons authorized by the Grantor may use a Lot(s) owned by such Grantor for development and sales activities relating to the Property, model homes or real estate marketing and sales. This has been brought to the attention of the Home Owner's Association's President Dave Galliger, who will be pursuing this with the city. Home Owner's that live around this rental home were notified with a copy of the letter sent from the city, which by the way was only sent to homes within 300 feet of the residence. I gave copies of the letter to the HomeOwners because I was told as I canvassed the residents some did not receive a letter, and they are against this as well. Neighbors west and behind this residence are VERY MUCH AGAINST this because of the noise levels during the day. One has as pool in their backyard, and they have the same opinions and concerns my residence has. In one statement, Our neighborhood is against this. I spoke to Laura Smithee, (the renter), and she stated that her property management company said it was all right to do this business. I said that our property management company was probably not contacted, because our Home Owner's Association and our Property Management Co. would not allow this to happen. I let her read our covenants and she stated that she did not know about this. She stated that her property management company said it was OK. I asked if she was using this as a residence, because no one Can verify they are residing there because we never see anyone around. She also stated the hours will be from anywhere around 6:00 am to 7:00 pm each day. The City of Meridian needs to move this operation to an area that is not residential because this is going to be her sole income and a commercial business. We understand that these folks are from California. They might do what they want there, but the laws and standards that are in place now need to apply. With Property values going up everyday, my value of my home will not only go down, but if We were to ever to decide to sell, just who in their right mind would want to live next to a home with el high noise levels and increased traffic in our area. The rest of the neighbor's values will decrease as well. This home is next door just north of my lot. This home is on a culdesac. In this culdesac there are multiple children residing. There are also handicapped individuals residing in this area. This is totally unacceptable for the city to even consider letting this be an acceptable practice to let a commercial business go into a residential area. We expect a full explanation from the Planning and Zoning Department of why they are even thinking of letting this go in. Also when this is disapproved, and I expect it to be disapproved, no further consideration of commercial business will be an option in Candlelight Subdivision according to our covenants. If approved then Our Home Owner's Association does have the right and will pursue the option in a legal manner. Once again, our neighborhood is totally against this. Looking forward to your response. e- 10�� Kevin N. Hansen 3023 West Joust Lot # 14 Candlelight Subdivision Meridian, Idaho RADIUS NOTICE REPORT FILE NAME: smithee 10 -Mar -2006 Owners Owner Address ELEOPOULOS JAMES E 3225 E PACIFIC COAST HWY # C SIGNAL HILL, CA 90755-0000 Property Address: smithee HANSEN KEVIN N & 3023 W JOUST ST HANSEN SUE E MERIDIAN, ID 83642-7544 Property Address: smithee HOPKINS TRACY 3095 N THAMES AVE HOPKINS MARGARET MERIDIAN, ID 83642-7538 Property Address: smithee KATINSKY STEVEN B 1865 WESTRIDGE RD LOS ANGELES, CA 90049-0000 Property Address: smithee OWNBEY MARION L & 3075 N THAMES AVE OWNBEY PENELOPE MERIDIAN, ID 83642-7538 Property Address: smithee PEARCE MITCHELL W & 3092 W SWEETBRIAR ST PEARCE DAWN R MERIDIAN, ID 83642-4115 Property Address: smithee PETERSEN DOUGLAS R & 3087 N THAMES AVE PETERSEN JENNIFER A MERIDIAN, ID 83642-7538 Property Address: smithee RHODES D L& S A TRUST 3074 N THAMES AVE RHODES D L& S A CO -TRUSTEES MERIDIAN, ID 83642-7538 Property Address: smithee STEWART WAYNE 33 DON TOMOTEO CT STEWART ANNIE SONOMA, CA 95476-0000 Property Address: smithee 1 Owners Owner Address STRASSER GEORGE A & 3038 N THAMES AVE STRASSER WILMA MERIDIAN, ID 83642-7538 Property Address: smithee SZOBONYA PETER M & LAURIE J LIVING TR Property Address: ZAGATA TANYA L Property Address: 3064 W SWEETBRIAR ST MERIDIAN, ID 83642-4115 smithee 3112 N THAMES AVE MERIDIAN, ID 83642-0000 smithee 2