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Williams, Mary Jade AUP 08-010 ~E IDR IAN*--- IDAHO , October 23, 2008 Mary Jade Williams 1761 N. Jericho Rd. Meridian, Idaho 83642 MayorTammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba RE: NOTICE OF PENDING DECISION: Accessory Use Permit Application (AUP-08-010) Dear Ms. Williams: This letter is to provide notice of pending.approval of application no. AUP-08-010, for an Accessory Use Permit to operate ahome-based therapeutic massage studio at 1761 N. Jericho Rd.., as such use is allowed by the Meridian Unified Development Code and the specific conditions set forth herein. Findings of Fact and Conclusions of Law supporting such approval and conditions are set forth in the staff report, a copy of which is enclosed. Please be aware that this decision is not yet final. Parties of record, including property owners within one hundred feet (100') of 1761 N. Jericho Rd., have been notified of this pending decision by letter sent U.S. Mail, a copy of which is enclosed. Parties of record are entitled to submit a request for city council review of the approval of application no. AUP-08-010 within the next fifteen (15) days. For this reason, the approval of application no. AUP-08-010 shall not be final until November 7, 2008. If city council review is requested, the approval of application no. AUP-08-010 shall be suspended pending city council review. Approval of application no. AUP-08-010 shall be conditioned upon ongoing compliance with the provisions of the Unified Development Code, including, but not limited to, the following standards: A. In no way shall the home occupation cause the premises to differ from its residential character in the appearance, lighting, signs, or in the emission of noise, fumes, odors, vibrations, or electrical interference. B. The home occupation shall be conducted entirely in the dwelling, and not more than twenty-five .percent (25%) of the gross floor area of said dwelling shall be used for a home occupation or for storing goods associated with the home occupation. Materials may be stored in an attached garage or storage area, provided it shall not reduce the required off-street parking below the standard established for that district. C. No activity connected to the home occupation or any storage of goods, materials, or products connected with a home occupation shall be allowed in any detached accessory structure. D. The home occupation shall not have more than two (2) out-going pickups per day from a i'1 Planning Department . 33 E. Broadway, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854. www.meridiancity.org r ~ [Recipient] Page 2 common carver. E. The home occupation shall be conducted by the inhabitants of the dwelling, and no more than one (1) nonresident employee shall be permitted. F. The home occupation shall not serve as a headquarters or main office where employees come to the site and are dispatched to other locations. G. No retail sales shall be permitted from the dwelling except the sale of a) services or items produced or fabricated on the premises as a result of the home occupation; or b) products secondarily related to the personal service aspect of the home occupation. H. Off-street parking shall be provided as Section 11-3C-6 of this Title, in addition to the required off-street parking for the dwelling. I. All visits by clients, customers, and/or employees shall occur between the hours of 8:00 a.m. and 8:00. p.m. Failure to meet any of the above stated conditions shall be deemed a violation of the Unified Development Code and shall be grounds for revocation of the Accessory Use Permit. If no person files a request for city council review of this decision by November 7, 2008, the approval of application no. AUP-08-O10 as set forth herein shall be a final decision. Sincerely, Sarah Wheeler for Anna Borchers Canning, AICP Encl. I of Review Requested (check all that a L~Accessory Use ^ Alternative Compliance ^ Certificate of Zoning Compliance ^ Conditional Use Permit Minor Modification ^ Design Review ^ Private Street ^ Property Boundary Adjustment ^ Short Plat ^ Temporary Use Certificate of Zoning Compliance ^ Time Extension (Director) ^ Vacation ^ Other Information Applicant name: Applicant address: Applicant's inteyrest in property: Owner name: V ~l``~ ; ~~ ~~ `~ Owner address: r~ ~: Planning Department ~~`~'A~MIN~~TRATNE REVIEW APPLICATION STAFF USE ONLAAY: /~ File number(s): -i1 U ~~ f ~ ~ ~- (~ ~~ ^ Optioned ^ Other Agent name (e.g., architect, engineer, developer, representative): Firm name: Address: Primary Contact E-mail: Phone: / ,~ ~C~J ~ ~7/ '-J~~~2~ ;""' Zip: ~`~_ Phone: ~~~~ ~ 9'~~3~?'~.(a Zip: ~ ~ ~ ~/ ~Y7 Phone: Zip: Phone: ~~ C~ ~~~~~~ Fax: Subject Property Information Location street address: L `~ ~ 1 h" ~ c: r . c ~:_ ~ ~;iA ... ,~ ; ~ r r.,, 1(\ L"~<i. v c Assessor's parcel number(s): ~~~,~~~ ~ ! ~ Q ~ ~-( Township, range, sec~/tion: ~Iv~'•T[9 1~cc~-- Current land use: ~4'c j ~_P~~~ ~ c, d Total acreage: ~ , ~ ~~ (~C.r'~~ Current zoning district: _ $.'.~ 2a~t 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6854 Website: www.meridiancity.or~ 1 (Rev. 4/4/08) ~ ~ .r Project Description Project/subdivision name: ~r ~ f~e r ~S U~ ~~a ~ E General description of proposed projecUrequest: ~oa~C ~ b ~ cR a '~~ u ~i ~ Ma s ca * e s`~-J,.l i e Proposed zoning district(s): Acres of each zone proposed: Type of use proposed (check all that apply): T^ Residential Commercial Office ^ Industrial Other I~-12astd hus i vt~YJ Amenities provided with this development (if applicable): Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? Primary irrigation source: Secondazy: Squaze footage of landscaped azeas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: 2 or more Bedrooms: Minimum square footage of structure(s) (excl. garage): Proposed building height: Minimum property size (s.f): Average property size (s.f.): GrOSS density (DU/acre-total land): Net density (DU/acre-excluding roads & alleys): Percentage of open space provided: Acreage of open space: Percentage of useable open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ^Singie-family ^ Townhomes ^ Duplexes ^Muiti-family Non-residential Project Number of building lots:. Other lots: Gross floor area proposed: l u~ t'z-Z Existing (if applicable): ~ ~~"~~ Hours of operation (days and hours):~/~ •~ QYl1 ~ ~ 12YV1 ~'1.~ ~IMBuilding height: Percentage of site/project devoted to the following: Landscaping: Building: Paving: Total number of employees: Maximum number of employees at any one time: Number and ages. of students/children (if applicable): Seating capacity: Total number of parking spaces provided: ~ Number of compact spaces provided: Authorization Print applicant name: Applicant signature:. ~ Date: ~~ G%~ 60 . Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 ~ ~ _~ Earthtouch Massage is a home-based business aimed at providing quality, therapeutic massage with competitive pricing. Its owner, Mary Jade Williams, is a graduate of the Apollo College school of Massage Therapy. She specializes in Swedish, Deep Tissue, Shiatsu and Myofascial. She is an insured practitioner in good standing with the ABMP. Her home /studio will be located in the Settler's Village subdivision on 1761 N. Jericho Rd. in Meridian. Hours of operation will be from Sam to 8pm, Monday through Sunday. Client parking will not disrupt street parking for residents of the subdivision. A driveway and 2 car garage at the house will provide adequate parking. No disruptive noises (i.e. loud music, industrial noises) will occur during massage sessions so as not to disturb the neighborhood. No large freight or excessive deliveries of supplies will occur either. Earthtouch Massage will be run in a quiet, respectful and truly professional manner. .. ~ Order No.: AT-50005249285E FOR VALUE RECEIVED ~ DEED Brandon K Medics and Katie M+ Medics,. Husband and Wife, the grantor(s), do(es) hereby grant, bargain, sell and. convey unto Vasilios Papadopoulos, a married person, whose current address is 1761 Jericho Way, Meridian, ID, 83642, the gantee(s), the. following descn'bed premises, in Ada County, Idaho, TO WIT: Lot 7 in-Block 2 of Settlers Village,. a re-plat of the original. Settlers Village Plat as vacated by the City of Meridian in April 1981, according to the of$cal plat thereof, filed in Book 51 of Plats at Page(s) 420b through 42419, and amended by an affidavit recorded August 3,1984, as Instrument No. 8438997, Official-Records of Ada County, Idaho. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that (s)he is/are the owner(s) in fee simple of said premises; that they are free from all encumbrances Except: Current Year Taxes, conditions, covenants, restrictions, reservations, easements, rights and rights of way, apparent or of record. And that (s)he will warrant and defend the same from all lawful claims whatsoever. Dated: February 10, 2005 r---~ ` ~~ ~` ,~ , Brandon K_ : edits i ~~`" Katie M. Medics State of Idaho } -- }ss -T~- - - - - ..---- --- __._ - - ~- County of } - On this ~ t ~'`- day of ~ F 200s"before me, a Notary Public in and for said state, personally appeared ~' ~ ` 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 same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate f rst above written. .....~. ~(-~-~+~ ~~~~ otary b c for the State of Idaho NQTARY PU~LIG Re i ~TAT~ ~- ~~A~Ci ~G 1lV [vAn~~A, ~Q~~ 11AY COMAt1SStON EXPIRES 6/25105 n AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) I, ~/' f}S l ~. ~ o S PA- Pf~.U o Po v ~ o S 17 6 ~ '.eT . ' c.~ K o~ ~p //~~ (name) (address) (city) (state) .being first dulysvuorn upon,.oath, depose and say: 1. That I am the. record owner of the property described on the attached, and, I .,grant my permission to; . I'~.ar ~ a.~.e_ ~ i ~~ i l 7 [~ I .. e'er" clw 2d.. l~(.e~ i~ i ens 3 ~ ~6 (name) (address) to submit the accompanying application(s) pertaining to that property. I,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. 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 0 L ~o .~~2.r' 20 o g (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. ,. .~ `t tC. HU'''% °°°°°°° •.•'•••••••~~~''~., (Not u lic fo daho) • . ~OTAR *' _, _ Y •: *~ Residing at: • • ~• jOUBL`C' •~ My Commission Expires: Del 2Cn ~ Z ~ ~ ~ -7 5 w a W ,0 ~ Q W Z i s s F E TAMI -_ Z-g ST ~~TL ST ; Total Lot Size: Apprc , 10,000 Sq Ft. Total House Size: Approx. 1200 Sq Ft. Massage Studio 9' 7" x 10' 3" Main Bathroom 7' 4" x 4' 10" Hallway Master Hall Bathroom Closet Closet Master Bedroom Storage Shed 13' 9" x 12' Spare Bedroom 9' 7" x 10' 3" Living Room 15' S" x 22' 4" Entryway ~ Kitchen 6' 9" x 10' 4" Front Door Garege 19' 3" x 22' 1" Jericho Road ^ r ~ STANDARDS FOR HOME OCCUPATIONS STATEMENT OF COMPLIANCE UDC 11-4-3.21: Home Occupation: The following standards apply to all home occupation uses with the exception that strict adherence to the standards contained in sections 11-4-3.21B, 11-4-3.21C, 11-4-3.21E, and 11-4-3.21F in the TN-C and TN-R Districts is not required: A. In no way shall the home occupation cause the premises to differ from its residential character in the appearance, lighting, signs, or in the emission of noise, fumes, odors, vibrations, or electrical interference. B. The home occupation shall be conducted entirely in the dwelling, and not more than twenty-five percent (25%) of the gross floor area of said dwelling shall be used for a home occupation or for storing goods associated. with the home occupation. Materials may be stored in an .attached garage or storage area,..- provided it shall not reduce the required off-street parking below the standard established for that district. C. No activity connected. to the home occupation. or any storage of goods, materials, or products connected with a home occupation shall be allowed in any detached accessory structure. D.. The home occupation shall not involve the use of-more than one (I) commercial vehicle. E. The home occupation shall not have more than two (2) out-going pickups per day from a common carrier. F. The home occupation shall be conducted by the inhabitants of the dwelling, and no more than 'one (1) ,, nonresident employee shall be permitted. G. The home occupation shall not serve as a headquarters or main office where employees come to the site and are dispatched to other locatioins. H: No retail sales shall'be permitted from the dwelling except the sale o£ a) services or items produced or: fabricated on the ;premises as a result of the home occupation; or b) products related to the home occupation. I. Off-street parking shall be provided as Section 11-3C-6 of this Title, in addition to the required off-street parking for the dwelling. J. All visits by clients, customers, and/or employees shall occur between the hours of 8:00 a.m. and 8:00 p.m. Certification: I have read and understand the above standards for the operation of a home occupation and cert~ 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: U Date: APPLICATION WILL NOT BE ACCEPTED UNLESS ALL ITEMS ON THE CHECKLIST ARE SUBMITTED. E II~IAN- -.~, Planning Department ACCESSORY USE ^ Application Checklist Applicant (~) _ Description.. Staff Com feted & si ed Administrative Review A lication .Narrative fully describing the ro osed re uest >/~'~, Recorded warrantydeed for the subject ro erty Affidavit of Legal Interest signed & notarized by the property owner (If owner is a corporation, submit a copy of the Articles of Incorporation or other evidence to show that the. erson si ing is an authorized a ent. ~/ Scaled vicinity map showing the location of the subject property(can'be obtained from the 'Planning De artment) - - Scaled or dimensioned site plan showing the boundaries of the property, floor plan. of house, area intended for accesso use, and arking and yard areas. (p . ~ Fee Additional Re uirements for Day Care A lications Include the following, additional information. in the narrative: ' - The total number of children ro osed to be cared for Burin the day Include fencing details on the site fan (location, a of fence) Standards for Day-Care Facilities; Statement of Gom fiance form si ed by a licant Neighborhood meeting sign-in Sheet (Applicants are required to hold a neighborhood meeting to provide an opportunity for ublic review of the pro osed roject prior to the submittal of an a licationJ Additional Requirements for Home Occu ation Applications Standards for Home Occu ations, Statement of Com fiance. form sia ed b a licant 660 E. Watertower Lane, Suite 202 Meridian, Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6854 Website: www.meridiancity.org All. applications are required to contain one copy of the following: 1 i / \ /- __. ~, f/~... ~~i~'~E IDIAN~-- IDAHO 33 E. Broadway Ave. • Meridian, Idaho 83642 208/888-4433 Applicant ~ Datg ~ 0 ~ 22 ~7D1`~ ~ ~~ ~ Address ~ (P r~ , ~~t~-t-~-~t CHECK # j' Phone ~j~ _ 3~~ NAME ON CHECK IF DIFFERENTTHAN APPLICANT ~ • . ~ i 0~ i i I . i I I i i i I i i i i TAX I i TOTAL ~ I Q~ PAYMENT DOES NOT DICATE ACCEPTANCE OF APPLICATION 14 7 4 8 Received. 1~ 1~ n~ nn f ~ - ey ~ 1 IJ\ 11\V1`~/~J7 Det J 5oiai ~,p ///~~ .v CITY OF MERIDIAN PLANNING DEPARTMENT ACCESSORY USE STAFF REPORT DATE: October 24, 2008 E IDIAN~-- TO: Anna Canning, Planning Director 1 d A H t} FROM: Sarah Wheeler, Assistant City Planner SUBJECT: Application for a home occupation to operate ahome-based therapeutic massage studio out of your home located at 1761 N. Jericho Rd., by Mary Jade Williams. We have reviewed this submittal and offer the following comments: APPLICATION SUMMARY The applicant, Mary Jade Williams, has requested approval for a home occupation to operate ahome- based therapeutic massage studio out of her home located at 1761 N. Jericho Rd., Meridian, Idaho. The property is zoned R-8, which allows for a home occupation with written approval from the Planning Director. LOCATION The property is located at 1761 N. Jericho Rd., in the SE 1/4 of T. 3N, R. lE., Section 6. APPLICABLE CODE Section 11-4-3-21 of the Unified Development Code (IJDC) for the City of Meridian lists specific criteria for home occupations, which serve clients or have a nonresident employee: A. In no way shall the home occupation cause the premises to differ from its residential character in the appearance, lighting, signs, or in the emission of noise, fumes, odors, vibrations, or electrical interference. B. The home occupation shall be conducted entirely in the dwelling, and not more than twenty-five percent (25%) of the gross floor area of said dwelling shall be used for a home occupation or for storing goods associated with the home occupation. Materials may be stored in an attached .garage or storage area, provided it shall not reduce the required off-street parking below the standard established for that district. C. No activity connected to the home occupation or any storage of goods, materials, or products connected with a home occupation shall be allowed in any detached accessory structure. D. The home occupation shall not have more than two (2) out-going pickups per day from a common carrier. E. The home occupation shall be conducted by the inhabitants of the dwelling, and no more than one (1) nonresident employee shall be permitted. AUP-08-010 Williams, Mary Jade PAGE 1 /`~ CITY OF MERIDIAN PLANNING DEPARTMENT ACCESSORY USE STAFF REPORT F. The home occupation shall not serve as a headquarters or main office where employees come to the site and are dispatched to other locations. G. No retail sales shall be permitted from the dwelling except the sale of: a) services or items produced or fabricated on the premises as a result of the home occupation; or b) products related to the home occupation. H. Off-street parking shall be provided as Section 11-3C-6 of this Title, in addition to the required off-street parking for the dwelling. I. All visits by clients, customers, and/or employees shall occur between the hours of 8:00 a.m. and 8:00 p.m. STAFF RECOIVIlVIENDATION Staff recommends approval of the accessory use (AUP-08-0101 for a home occupation to operate ahome- based therapeutic massage studio out of her home located at 1761 N. Jericho Rd. Meridian Idaho with the comments noted above. AUP-08-010 Williams, Mary Jade PAGE 2 n E IDIAN ID~-HO October 23, 2008 MayorTammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba RE: NOTICE OF PENDING DECISION: Accessory Use Permit application (AUP-08-O10) This letter is to provide notice that the Meridian Planning Department has provided to applicant, Mary Jade Williams, notice of pending approval of application no. AUP-08-010, an application for a permit to operate ahome-based therapeutic massage studio out of her home located at 1761 N. Jericho Rd. Meridian, Idaho. Approval of application no. AUP-08-010 shall be conditioned upon the applicant's ongoing compliance with the provisions of the Meridian Unified Development Code (UDC), including, but not limited to, the following standards: A. In no way shall the home occupation cause the premises to differ from its residential character in the appearance, lighting, signs, or in the emission of noise, fumes, odors, vibrations, or electrical interference. B. The home occupation shall be conducted entirely in the dwelling, and not more than twenty-five percent (25%) of the gross floor area of said dwelling shall be used for a home occupation or for storing goods associated with the home occupation. Materials may be stored in an attached garage or storage area, provided it shall not reduce. the required off-street parking below the standard established for that district. C. No activity connected to the home occupation or any storage of goods, materials, or products connected with a home occupation shall be allowed in any detached accessory structure. D. The home occupation shall not have more than two (2) out-going pickups per day from a common carrier. E. The home occupation shall be conducted by the inhabitants of the dwelling, and no more than one (1) nonresident employee shall be permitted. F. The home occupation shall not serve as a headquarters or main office where employees come to the site and are dispatched to other locations. G. No retail sales shall be permitted from the dwelling except the sale of a) services or items produced or fabricated on the premises as a result of the home occupation; or b) products secondarily related to the personal service aspect of the home occupation. H. Off-street parking shall be provided as Section 11-3C-6 of this Title, in addition to the. required off-street parking for the dwelling. r~ Planning Department . 33 E. Broadway, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org /'1 i I. All visits by clients, customers, and/or employees shall occur between the hours of 8:.00 a.m. and 8:00 p.m. Failure to meet the above stated conditions shall be deemed a violation of the Unified Development Code. You may request City Council review of this decision by filing a completed application for City Council Review with the Planning Department no later than November 7, 2008. Both the application for City Council Review and the UDC, including section 11-4-3-21, establishing standards for Home Occupations, are available for review at: http://www.meridiancity.or planning_zonin index asp or at the City of Meridian Planning Department, 33 E. Broadway, Meridian, Idaho. For additional information, please contact the Meridian Planning Department at (208) 884-5533. 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