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HomeMy WebLinkAboutBurt, Anthony AUP 09-002f ~ ~~~~1~~ r ~~ ,~ i ~),34~~4 TT~T h T~ T City n { PAe a~dtment Planning Department E 1111t~.1 r ~..` plane ¢ DeP ADMINISTRATIVE REVIEW APPLICATION T--y//pe of Review. Requested (check all that apply) Il~Accessory Use ^ Alternative Compliance STAFF USE ONLY: ^ Certificate of Zoning Compliance File number(s): /-~~t P ` (~ ' ~ ~ ~. ^ Conditional Use Permit Minor Modification ^ Design Review ^ Private Street Project name: ^ Property Boundary Adjustment ^ Short Plat Date filed: Z Date omplete: ^ Temporary Use Certificate of Zoning Compliance Assigned Planner: _, I ~ ~ K~( I~~~ ^ Time Extension (Director) Related files: _ ' - ^Vacation ^ Other Applicant Information Applicant name: v-"~~ r~ Phone: ~1 ~ - Z 199 Applicant address: a~' 2~ ~-u~ ~ may _ r11~uri c~1o~. ~ =D Zip: ~3 ~e ~ Z Applicant's interest in property: ^ Own ^ Rent ^ Optioned ®Other ~45~ ~,-- [~.~~ aw~r'. Owner name: ~"''S~"~wt. 1~ . ~y~ Phone: ~S9 ' S? g7 Owner address: oZ12'~' S • ~sa.~ ~ v.~vy ,~ tiWcr. •~~•~ _ i0 Zip: fT3tc`E2 Agent name (e.g., architect, engineer, developer, representative): ~ll.~' Aov kc,~~~ Firm name: Phone: Address: Primary contact is: Applicant ^ Owner ^ Agent ^ Other Contact name: ~tu~ /S~. 134v~ E-mail: 401,1. Cre~~-. 1'~' ~y) 4,N~t~~1 . Low-- Subject Property Information Location/streetaddress: rZ.9Z~• S• 7e~gli tea.. ,~~,/~~1c~. , ZD 83b~1-L Assessor's parcel number(s): IZ09S S O~ DO ZO Township, range, section: Total acreage: • 3s3 Current land use: ~ `E Current zoning district: Zy Zip: Phone: 811- 21`tg Fax: 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. 11/4/08) r Project Description ProjecUsubdivisionname: ~Ow-~- 1' txS~~c.LS ~SeG- 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): Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: Number of common and/or other lots: Number of building lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total land): Percentage of open space provided: 2 or more Proposed building height: Average property size (s.f.): Net density (DU/acre-excluding roads & alleys): Acreage of open space: Percentage of useable opens e: (See Chapter 3, Article G, for qualified open space) Type of open space tded in acres (i.e., landscaping, public, common, etc): Type of dwe g(s) proposed: ^Sfngle-family ^ Townhomes ^ Duplexes ^Multf-family Non-residential Project Summary (if applicable) Number of building lots: ~ Other lots: Gross floor area proposed: 12- X ~ Z ~ Existing (if applicable): Hours of operation (days and hours): Building height: Percentage of site/project devoted to the following: Landscaping: Building: Paving: Total number of employees: Maximum number o~mployees at any one time: ~ R 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: 33 E. adway enue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884- 33 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 Proposed zoning district(s): /'~ ~ ~~E IDIAN~-- IDAHO February 18, 2009 Anthony Burt 2924 S. Denali Way Meridian, Idaho 83642 RE: Accessory Use Permit application (AUP-09-002). Dear Mr. Burt: MayorTammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba This letter is to confirm the approval to operate a home occupation for a custom rifle component design and _building business out of your home located at 2924 S. Denali Way. The. on-going conditions~bf approval are contained in the attached staff"report. Failure to meet the~bove stated conditions shall be deemed a violation of the Unified Development Code. The applicant, Director, or a party of record may appeal this decision or a condition of approval by requesting City Council review of this decision. All requests shall be filed in writing with the Planning Department within fifteen (15) days of the date of this letter and comply with the provisions of UDC 11-SA-6B. S' cerely, l ~ ~ ~,.~~ Jenn Veatch for Y Anna Borchers Canning, AICP Planning Director ~~,G~, G~ ~ c- . Sa,~~~a- ~~sne'~~S Planning Department .660 E. Watertower Street, Suite 202, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org CITY OF MERIDIAN PLANNING DEPARTMENT ACCESSORY USE STAFF REPORT DATE: February 18, 2009 TO: Anna Canning, Planning Director Ei IDIA.I~T~., FROM: Jenny Veatch, Assistant City Planner 1 D A ~ CC: Anthony Burt SUBJECT: AUP-09-002 Home occupation for a custom rifle component design and building business STAFF RECOMMENDATION Staff recommends approval of the accessory use for a home occupation located at 2924 S_ Denali Way for Anthony Burt, subject to the conditions outlined below. APPLICATION SUMMARY The applicant, Anthony Burt, has requested approval for a home occupation to operate a custom rifle component design and building business out of his home located at 2924 S. Denali Way, Meridian, Idaho. LOCATION The property is located at 2924 S. Denali Way in the SE '/4 of T. 3N, R.l W., Section 24. APPLICABLE CODE The property is zoned R-4, which allows for a home occupation with written approval from the Planning Director. Section 11-4-3.21 of the Unified Development Code (UDC) 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 gaxage 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 mare 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-09-002 Anthony Burt 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. No retail sales shall be permitted from the dwelling. This includes rifle components being delivered to the dwelling and then delivered to customers by the applicant (Anthony Burt) or persons representing the applicant. L .All visits by clients, customers, and/or employees shall occur between the hours of 8:00 a.m. and 8:00 p.m. Clients or customers may not visit to pick-up a rifle component purchased from the applicant (Anthony Burt) or uersons representing the applicant. AUP-09-002 Anthony Burt PAGE 2 Anthony J. Burt 2924 S. Denali Way Meridian, ID 83642 January 27, 2009 Meridian Planning Department 33 East i3roadway Avenue. Suite 210 Meridian, ID 83642 To whom it may concern: ., // ((~~ J ~`~. J ~~1,cS i ~Sj The purpose of this letter is to document the facts surrounding the attached request for an Accessory Use Review related to a proposed Home Occupation. HOME OCCUPATION DESCRIPTION I plan to design and build custom firearm components. This would be limited to the lower and upper rifle receivers (see drawings of similar items below). Thi~~, is a business that requires a Type 07 Federal Firearms License that is administered by the Bw-eau of Alcohol, Tobacco.. Firearms and Explosives (ATF). This license requires that I go through a thorough background check and that I pass an onsite interview with an ATF agent Once the scale of my operation can support the expense of a dedicated st--ucture, I plan to move the operation out of my home. I will have a large portion of the profile machine work performed by a local machinist. They would be roughing out the major dimensions and performing machine work that would be uneconomical to perform personally due to the cost of the tooling required. I would then take the firearm blanks and perform the final milling that would enable them to accept additional components in order to become a functioning firearm. Potential Concerns: • Noise Level -The machine that I would be using is called a Vertical Knee Mill (large drill press), and since I will be milling aluminum, it will be fairly quiet The noise level is significantly less than a table saw, shop vacuum or gas powered blower/weed eater, as you can carry on a normal conversation while the machine is in operation. • Material Storage -The dimensions of the parts are roughly 4.5" tall by 7.5" wide by 2" thick. i plan on doing batches of 100, so if I stac<ed them in 5 rows of twenty they would take up an area approximately 4' x 4' and will actually be stored inside the residence. • Sales Method - I will only be selling to other Federal Firearms License holders on a wholesale basis and do not plan to conduct any sale~~, on the premises. "~ ~ ~ Meridian Planning Department January 22, 2009 Page 2 • Employees - I plan to have zero employees. • Nature of Product -Even though I will be creating what the ATF considers to be the firearm, they are actually quite benign as they will not actually function in their completed state. The two pieces that I will build need several other significant pieces in order to discharge a round (including a trigger assembly, bolt and barrel). • Change to the Physical Premises -Since the mill can operate on 220v single phase power (which I already have available in my garage) and since I have minimal material storage requirements and only need an area in the garage 12' by 12' , I will have no need to construct anything that would change the property's appearance. • Increased Traffic - I plan to complete shipments at the Post Office, due to the additional mail services I will require. I plan to have zero employees and will not be completing any sales at the residence. Based on this, there will be no increase in traffic on our street or within the neighborhood. Please accept this, along with the attached required forms as my formal request for an Accessory Use Review. If you have any questions, please call me at (208) 371-2199. a PioneerTitl G 0 1 N G 8 E Y 0 N D 3525 E. Overland Rd. /Meridian, Idaho 83642 / (208) 888-7230 May 18, 2006 Christine Trani 2924 South Denali Way Meridian, ID 83642 Re: Escrow No.: 270778 eCo. Seller: Victor Clark Enterprises, Inc., an Idaho Corporation Buyer: Christine Trani, an unmarried person Property: 2924 South Denali Way Meridian, Idaho 83642 The closing of your purchase of the above-noted property has now been completed. Enclosed for your records are your original Warranty Deed and Title Insurance Policy. We appreciate having had this opportunity to be of service to you. If you have questions or if we can help you again, please feel free to contact us. Sincerely, PIONEER TITLE COMPANY OF ADA COUNTY Kelli Williams Escrow Officer Enclosures kw:ap ' Pioneeri~eCo. Gf)iNG [~[YI1ND 3525 E. Overland Rd. /Meridian Idaho 83642 / (2108) 888-7230 ,, n ~ J 2~ ~~ `~ f!~`^' ` l v `V !"~ ADA COUNfl ,ORDER J. DAVID NAVARRO AMOUNT 3.00 BOISE IDAHO 05/18/06 04:13 PM DEPUTY Vicki Allen II I I' II'I I'I I'I'I"I (I) I I'~ I'I' I II'll RECORDED-REQUEST OF 10078506 Pioneer CORPORATE WARRANTY DEED FOR VALUE RECEIVED, Victor Clark Enterprises, Inc., an Idaho Corporation a corporation duly organized and existing under the laws of the State of Idaho, grantor, does hereby Grant, Bargain, Sell and Convey unto Christine Trani, an unmarried person whose address is: 2924 South Denali Way, Meridian, ID 83642, grantee, the following described real estate, to-wit: Lot 4 in Block 14 of Bear Creek Subdivision No. 4, according to the plat thereof, filed in Book 85 of Plats at Pages 9448 thru 9449, records of Ada County, Idaho. SUBJECT TO current years taxes, irrigation district assessment, public utility easements, subdivision, restrictions, U.S. patent reservations, easements of record and easements visible upon the said premises. TO HAVE AND TO HOLD The said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that it is the owner in a fee simple of said premises; that they are free from all encumbrances and that it will warrant and defend the same from all lawful claims whatsoever. i IN WITNESS WHE OF e Grantor, pursuant to a resolution of its Board of Directors has caused its corporate name to be h e nt scribed by its officers this. Victor Clar Ente ri nc., an Idaho Corporation B: Victor Clark, STATE OF Idaho, County of Ada, ss. On this 18th day of May, in the year of 2006, before me the undersigned, a notary public, personally appeared Victor Clark known or identified to me to be the President of the corporation that executed the instrument or the person/persons who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. ~~~.anu~~,~~ ~o ~ ~ ~. ? ~ . ~ C. ~. P U ati .~~y~o s,~~'T,11 ,E'0~,, ,~~~. ~~ ~~~ Notary Public of Idaho Residing at Commission expires: RESIDING IN BOISE, ID OOMMISSION EXPIRES 08/16/2011 Owner's Policy American Land Title Association Owner's Policy 10-17-92 ~. *~* Policy Number SV 4 4 6 4 2 9 2 * ~* "f * SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE * i~ * BAND THE CONDITIONS AND STIPULATIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, the said Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers as of the date shown in Schedule A, the policy to be valid when countersigned by an authorized officer or agent of the Company. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including, but not limited to, building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b- not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in lass or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Issued through the Office of.~ OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 16121371.1111 , w~,aw a~urasv $ A y ~~ r1 d (~r~., ~,'J ~ y a ~ i ~ w BY ~. ~ ~~~ ~ "~. -~ President a .. .~ ~ d ~~ ~ Attest ~ °~' ;r,y r ~. +~s"~~ ~ Secretary ~" *r,r „ ORT Form 402 - ALTA Owner's Policy 10-17-92 h ~ . f CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in this policy mean: la- "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. Ic- "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d- "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. le- "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": records established under state statutes at Date of Policy far the purpose of imparting constructive notice of matters relating to real property to purchasers far value and without knowledge. With respect to Section 1(a-(iv) of the Exclusions from Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. Continuation of Insurance After Conveyance of Title. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii- an indebtedness secured by a purchase money mortgage given to the insured. 3. Notice of Claim to be Given by Insured Claimant. The insured shall notify the Company promptly in writing (i- in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii- if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. Defense and Prosecution of Actions; Duty of Insured Claimant to Cooperate. (aj Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to Those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid li- in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized, representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of (Continued on inside back cover) . (Continued from inside front cover/ ~~ the claim. Failure of the insured claimant to submit for examination under oath," produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. Options to Pay or Otherwise Settle Claims; Termination of Liability. In case of a claim under this policy, the Company shall have the following additional options: (a- To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (bNi- or (ii-, the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 7. Determination, Extent of Liability and Coinsurance. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. ~1 (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. Apportionment. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable far loss or damage to any insured far liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. Reduction of Insurance; Reduction or Termination of Liability. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LiabilityNon-cumulative. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. Payment of Loss. (a) No payment shall be made without producing this policy,for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. Ib1 When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. Subrogation Upon Payment or Settlement. (a- The Company's Right of Subro ation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and (Continued on back cover/ , (Continued from inside cover) remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights A ainst Nan-insured Obli ors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. Arbitration. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) maybe entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15 Liability Limited to this Policy,' Policy Entire Contract. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or Validating Officer or Authorized Signatory of the Company. 16. Severability. In the event any provision of the policy is held invalid or unenforceable under the applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to its Home Office: 400 Second Avenue South, Minneapolis, Minnesota 55401, (612-371-1111. ,"~ Agent # State Cty. Prop. Tran Reissue Amt. Re. Tran Simultaneous Issue # A11006 11 001 1 021 SV4464292 & Code Amt. Code Amt. Code Amt. Code Amt. nnna~~~~~R~ Code Amt 05100 $10.00 05100 $35.00 05100 $25.00 05100 . 05100 Old Republic National Title Insurance Company LOAN POLICY SCHEDULE A File No.: Policy No.: Date of Policy: Amt. of Insurance: Premium Amt. Total Amt. 270778 MM6262281 May 18, 2006 at 4:13 $400,000.00 $504.00 $574.00 PM 1. Name of Insured: Metrocities Mortgage, LLC 2. The estate or interest in the land which is encumbered by the insured Mortgage is: Fee Simple 3. Title to the estate or interest in the land is vested in: Christine Trani, an unmarried person 4. The insured mortgage and assignments thereof, if any, are described as follows: A Deed of Trust to secure an indebtedness of $400,000.00, and any other amounts as therein provided, payable under the terms, conditions, provisions and stipulations thereof, along with a Planned Unit Development Rider. Dated: May 18, 2006 Grantor: Christine Trani, an unmarried person Trustee: First American Title Company Beneficiary: Metrocities Mortgage, LLC Recorded: May 18, 2006 Instrument No.: 106078507 Loan No.: 21062196 MIN: 100034200057166633 5. The land referred to in the Policy is described as follows: Lot 4 in Block 14 of Bear Creek Subdivision No. 4, according to the plat thereof, filed in Book 85 of Plats at Pages 9448 thru 9449, records of Ada County, Idaho. ALTA Loan Policy - 10/17/92 This Policy is invalid unless the cover sheet and Schedule B are attached. Schedule A page 1 of 1 page(s) /"~ /'1 Agent # State Cty. Prop. Tran Reissue Amt. Re. Tran Simultaneous Issue # A11006 1 I 001 1 Olt $449,600.00 011 MM6262281 & Code Amt. Code Amt. Code Amt. Code Amt. Code Amt. 05100 05100 05100 05100 05100 Old Republic National Title Insurance Company OWNER'S POLICY SCHEDULE A File No.: Policv No.: Date of Policv: Amt. of Insurance: Premium Amt. Total Amt. 270778 SV4464292 May 18, 2006 at 4:13 $634,900.00 $585.78 $585.78 PM 1. Name of Insured: Christine Trani 2. The estate or interest in the land to as covered by the policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: Christine Trani, an unmarried person 4. The land herein described is encumbered by the following mortgage or Trust Deed, and assignments: A Deed of Trust to secure an indebtedness of $400,000.00, and any other amounts as therein provided, payable under the terms, conditions, provisions and stipulations thereof, along with a Planned Unit Development Rider. Dated: May 18, 2006 Grantor: Christine Trani, an unmarried person Trustee: First American Title Company Beneficiary: Metrocities Mortgage, LLC Recorded: May 18, 2006 Instrument No.: 106078507 Loan No.: 21062196 MIN: 100034200057166633 This Policy is invalid unless the cover sheet and Schedule B are attached. Schedule A page 1 of 2 page(s) /'~ Old Republic National Title Insurance Company OWNER'S POLICY SCHEDULE A A Deed of Trust (Line of Credit) to secure an indebtedness of $200,000.00, and any other amounts as therein provided, payable under the terms, conditions, provisions and stipulations thereof, along with a Planned Unit Development Rider. Dated: May 17, 2006 Grantor: Christine Trani Trustee: First American Title Company Beneficiary: Metrocities Mortgage, LLC, a limited liability company Recorded: May 18, 2006 Instrument No.: 106078508 MIN: 100034200057168257 5. The land referred to in this policy is described as follows: Lot 4 in Block 14 of Bear Creek Subdivision No. 4, according to the plat thereof, filed in Book 85 of Plats at Pages 9448 thru 9449, records of Ada County, Idaho. This Policy is invalid unless the cover sheet and Schedule B are attached. Schedule A page 2 of 2 page(s) /'\ Old Republic National Title Insurance Company OWNER'S POLICY SCHEDULE B Exceptions from Coverage File Number: Date of Policy: Policy Number: 270778 May 18, 200b at SV4464292 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of the following: Special Exceptions: 1. General taxes for the year 2006, which are liens, are not yet due and payable. 2. Real property taxes which may be assessed, levied and extended on any "subsequent and/or occupancy roll" with respect to improvements completed during the year which escaped assessment on the regular assessment roll, which are not yet due and payable. 3. Sewerage charges and special assessment powers of the City of Meridian. 4. Liens and assessments of the following district and the rights and powers thereof as provided by law. District: Nampa Meridian Irrigation District (466-7861) Terms and provisions set forth in agreement between the parties herein named. Between: Nampa & Meridian Irrigation District, Bear Creek, L.L.C, an limited liability company, and Gregory B. Johnson, R. Craig Groves, Robert R. Bass, and Timothy J. Taylor Dated: February 6, 2001 Recorded: February 12, 2001 Instrument No.: 101012209 Addendum to License Agreement Recorded: February 23, 2001 Instrument No.: 101015627 Second Addendum to License Agreement Recorded: Apri122, 2002 Instrument No.: 102045934 ALTA Owner's Policy Form B 1987 (Amended 10/17/92) This Policy is invalid unless the cover sheet and Schedule A are attached. Schedule B page 1 of 3 page(s) /'\ /'~ Old Republic National Title Insurance Company OWNER'S POLICY SCHEDULE B Exceptions from Coverage 6. Terms and provisions set forth in agreement for urban irrigation system between the parties herein named. Between: Bear Creek, LLC and Nampa & Meridian Irrigation District Dated: February 6, 2001 Recorded: February 12, 2001 Instrument No.: 101012206 Addendum to construction contract for urban irrigation system in Bear Creek Subdivision No. 1 to include Bear Creek Subdivision Nos. 4, 5 and 6 Recorded: July 19, 2002 Instrument No.: 102081458 7. Terms and provisions of letter from Central District Health Department Dated: May 11, 2001 Recorded: August 13, 2001 Instrument No.: 101082386 Providing: No lot size may be reduced without prior approval of the Heath Department authority 8. Covenants, conditions, restrictions and easements as set forth on the face of the plat. 9. Covenants, Conditions, Restrictions and Easements Executed by: Bear Creek, LLC Recorded: September 10, 2001 Instrument No.: 101093428 Amendment to said covenants Recorded: January 16, 2002 Instrument No.: 102006064 Amendment to said covenants Recorded: May 30, 2002 Instrument No.: 102060982 Amendment to said covenants Recorded: January 28, 2003 Instrument No.: 103014333 Amendment to said covenants Recorded: December 16, 2003 Instrument No.: 103206768 ALTA Owner's Policy Form B 1987 (Amended 10/17/92) This Policy is invalid unless the cover sheet and Schedule A are attached. Schedule B page 2 of 3 page(s) /'~ Old Republic National Title Insurance Company OWNER'S POLICY SCHEDULE B Exceptions from Coverage 10. Liens, dues and /or assessments owing the association herein named which may have heretofore attached pursuant to the terms and provisions of covenants, conditions and restrictions imposed upon said premises. Association: Bear Creek Homeowners Association 11. Terms and provisions set forth in agreement between the parties herein named. Between: City of Meridian and Bear Creek, L.L.C. Dated: November 7, 2001 Recorded: November 8, 2001 Instrument No.: 101117649 12. Terms and provisions set forth in agreement between the parties herein named. Between: City of Meridian and Queenland Acres Inc. and Bear Creek, L.L.C. Dated: October 31, 2001 Recorded: November 8, 2001 Instrument No.: 101117650 13. An easement containing certain terms, conditions and provisions affecting a portion of said premises and for the purposes stated herein For: Public right-of--way easement (sidewalk) In Favor of: Ada County Highway District, a body politic and corporate of the State of Idaho Recorded: July 11, 2002 Instrument No.: 102077858 14. Terms and provisions set forth in license agreement between the parties herein named. Between: Nampa Meridian Irrigation District (466-7861), Queenland Acres, Inc., an Idaho corporation and Bear Creek, L.L.C., a limited liability company Dated: July 3, 2001 Recorded: July 9, 2001 Instrument No.: 101067798 15. This Policy does not insure against any adverse claim arising by reason of the location of existing fences. 16. Any easements not disclosed by those public records which impart constructive notice and which are not visible and apparent from an inspection of the surface of said land. END OF EXCEPTIONS ALTA Owner's Policy Form B 1987 (Amended 10/17/92) This Policy is invalid unless the cover sheet and Schedule A are attached. Schedule B page 3 of 3 page(s) /'~ AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) I, rv~~:`4.wc, ~,r~ fin,rwce,.e~•~ Tvau-;~> 292 s . ~a.~,..~. v.7ay (name)- (address) JUler. ~.: ova ~dela..~ (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: (address) to submit the accompanying application(s) pertaining to that property. 2. 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. 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 ~7 day of ~4~k~-~`~ , 20 09 'J ~ `-~~~ ~ (Signature) SUBSCRIBED AND SWORN to before me the day a first above written. /~ (, (Notary Public for Idaho) PATRICE DOBESH ~~ NOTARY PUBLIC Residing at`r ~~ r ~]}~ ,e~„~~, ~Zs1.. STATE OF IDAHO My Commission Expires: • / ~. ~ ._ - vwtai,u,rtp STATE OF t17AH0 sureA•rrse ~ Boioe. Id•eo sa~io ' State File No, cottttty.ofaDa rro. zoo6o973 Marriage.. License IWOW ALI. PERSONS BY.THLS CERTIFICATE: That arry'regularly ordainal_ministerofthe Gospel, authorized.by the rites and usages of the church or . denomination of Christians; Hebrews; or religious body of:which said minister is a member, or any judge or magistrate, or competent officer to whom this may . come; not knowing of any lawful impediments ihereto;.is hereby authorized and empowered to solemnize the rites of Idatrirnoriy between:. GROOM .- AND. BRIDE 1: Name: ANTHONY:JAHES BURT- 9. Name: CHRISTINE ANN TRANI 2: •Addrecsc Boise, Ada; Idaho ~ ~ 10. Address: Boise, Ada, Idaho 3 Age: 3R 4 Rage ~~aricasran 7. Status: ,Divorced . 11. Age: 37 .12. Race: Caucasian 15: Status: Divorced .. 8 P.itthplace ,~QjsGr; l~atro~; 16: Maiden Name if previously marriai::.PETERS t~"~"+t11,t!1t+/tL.,~ ~ c -- ~, 17: Birthplace: Abington, Pennsylvania . v ~ ~ ~ • ~,,~ ~ w And to certify the same to card parties or either of them under the signature and seal; of said. minister -~ •• •• or official ca aci and thereu n is r uired to deliver he ri i • ;, P . r5', Po eel t o g nal to the parties so married. -;i, • ~ ~ _. IN TESTIMONY WHEREOF, I have hereunto set my band and affixed my official scalar ,, 1• ; ~ (_ -• BOISE, ADA County, Idaho, Wis 16th day of May; A.D. 200b • +~. - J. DAVID NAVARRO ClerklAuditor/Recorder J ~' ~:k. ~ ,. r : _, f ~. ~ ;, . .. ~ ~. . 1{ ~ A ~ ~n .: ';'" lA/(~,,,t..~b~ ~' ra`r~rn~~. Deputy ero ~ ,~` li.i .~: ~" ~/V x'41 MK _ L , a ~' 0 residing in'the`oit};`6f `. ~`^` ~ in the Coun of ,;rn•the-State'of y • ~~ ' Idaho do Vital m accordance with the suthoiity on me conferred by th ve license,3 di'd on this . day oj' in the year: A.p rn the city of . ~ in the County of in the St>;te. of I o, solemntze the rites of matrimony between . . ` ANTHONY JAMES BURT of Boise, in the County of Ada, State of Idaho, - ' - . and - GHRI Tj NE ANN TRANI of Boise; in the County of Ada; State of Idaho; in'ahe presence of .. •and ` .WITNESS Ivly and at a County aforesaid, this day of p. .. , in the pr ~ C/ffieiants Signature - Officiants Address a and ~. 1cr,..~~r-~C- Date Received ~(~~ Recorded .. 'Date Received, • $y. County Record . : ~ ,s/lt7 i Lutument # ~!~l!/L/~~~ ! By State Registrar ., (Use Typewriter andCor Bl'a STATE OF IDAHO, COUNTY OF ADA, as. this copy back to, the County, Recorder. immediately; I, 1. David Navarro. Recorder for Ada Cou~y;~oheyt~b~~ A~ xed is a fuU, pae and correct copy of lost. No. VLQ(,~ ~ U appears on record in Book ^r ~ pye Records of Ada County, State of ktaha 1N W " SS``WiHEREO~R 1 have set my hgnd)ar~ ~tfixed my official seal-t~yia„ J. DAVID NAVAR~6~~1~ `~ . BY IUD--'l .~.- ~ - ~y ~: r __ ,. ._ ,_ ]~ ~, m ~7 ,: . ~ _ ~ ~ ~ ~ ~ ._ _ . -~, .; _ m ~,,, ~' ~ ~ r m ~ „~.~- r-~ ,~ m m ., ~ ,~ r. ~ ~ ~ ~. E Ra~. ~• -crri ~ ,~ r `,~ ~'' --1 ~ ~ .~,.~ rr ~ ' ~~ ~4 ~ tin 1 . ~ tLJ /rt.3, +~ry ~ ~W r~ ..w ~~T. w ... ~. rn ~ m ~ ~ - ~ ~ ~i^ZT D h f ~ y i ~ ~, ~ . ~ i ~ ~~ .~ ~..._.. ~ _ ~. TJ ~ ~~ {~ ti~ '~ C7 m . ' a r ~~ ~ ~ ~.+,~ ~ ~ .~ .._. i~ ~ ~ , r r!'! +~.~- T r .~ = ` ." r, - t ~, _. , f, ,_ ..,~ i ~,`r'"' . ~.,..~r ~rwrr- ~ r.w.... w.. a~~yrr.~.~...~L~.~„~i~_~. ~. •wo..r. Y._ '. + as m ~ ~ i ~. C~ ~ qa cn ~ ~. ~ ~ to ~. 3 C~ ~ ~ ~ ~ _~ m {:Y ~ ~,,, .~.:~».. w 4 i ` ~ K ~ y "' ~` ~ ~s ~ - ..r~` ~+~-air. . ~ r" ~~ 'r - ~.+.- ~ ,,... , ~ ~ o r -{~+ ~ ,. ~ °~ _ X7 ~. n , ~'"~ m ~ ~ ~ ~«~ ~' ~ ~ C ~i'. ~, ~ ~~ - 3 ~ ~ _ - ~ ~ ~7 ~. O M ~ ~ ~yQ3 ~, ~ ~~ -~ ~4 ~ + ~ ~ ~ ~ ~ ~ ~' ~\ ~ ~ /1 n ~ l ~~n'-C ~ (ic 1 \ ~~9~5 cn c`n r ~ ~ a ~ ~ ~ c I ~ SVe~ cRe fk °~~~p~< I / S~~N N r ~ ~o~~~~~ .` ~ 1 ~~p~~c~n (~ ~ I ~ ~ ~ ~ o ~ ,~,~~~ cry ~~ $~ ~pp~ N~,00;00~0 N ~ ,00'9ll ~ Z Z Z ~ ~ J 4~ `~'s~ y ~ w ~~ N ~~ ~ ~~ C '~ 1 s~ ~ (~ S - H Q x~ `6 %$$~ 14~ r~ ,SL'flZ 3.t£,60~0 S - Z f~~l 'T_ $~ _ ,lir'LOt ,1~'90l ~~ f~1 cr `~~ O t ~ m H ~~ ~ OZ ~ ~ 1 of 0 cn ~ ~ s ~ ~ zr _ ~ w ~~ ~ ~ ~ 3~,00;00.i0 S 108 o ti 8 Cpw'''` S ,~"OZt S Ot'00"00'~ ~ z ~ ~~~ ~~l n i rn ~~ '~. c • =~ i 1 i ~ 1 1 a v "" ~ ~ N • N ~ N1 S ~~~~ ~ ~~ $ ~ c~ ~ ~~~ jam` ~ 107.Z8' L t ~~ i oroo'oo~ 133.88 ti ~ ~w ,~ ..• CLAIM PLAICE WA ~~~ N ~~~ " 3.18' 70.70' 9 l ~ ~ V ~ Z Z ~° ~ s ~ ~ ~ $ ,s~ N ~ PJ ~ g N ~ g Os 7C ~ ~~ S '1°~ ~ ,~ ~ S ~pp~Ati I t 109.83' 81.02' 6`~` '`tiS.~ n s S 00'12'00 190.85 6 ~ ~ 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 (1) 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 locations. H. 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. 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. 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 certify 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: 1 Z? O ~E IDIAN*-- IDAHO February 5, 2009 /"~ MayorTammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba RE: Correction of notice of pending approval for the operation of a Home Occupation, for a custom rifle component design and building business, located at 2924 S. Denali Way. The Meridian Planning Department is reviewing an application to operate a custom rifle component design and building business at 2924 S. Denali Way. If the application is found to comply with Unified Development Code (UDC) Titlel 1, Chapter 4, Section 3-21, it will be approved on February 17, 2009. UDC 11-4-3-21 is available for review at: http://www.meridiancity.org_/planning zoning/index.asp. Following approval, the applicant, Director, or a party of record may appeal this decision or a condition of approval by requesting- City Council review of this decision. All requests shall be filed in writing with the Planning Department no later than March 2, 2009 and shall comply with the provisions of UDC 11-SA-6B. The application for City Council Review is available on our website at www.merdiancity.org, or upon request from this office. For additional information about this decision or about your right to appeal, please contact this office at 884-5533. Sincerely, -•, J~nny Veatc for Anna Borchers Canning, AICP Planning Director Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org ~~E IDIAN~-~- IDAHO February 2, 2009 RE: Notice of pending approval for the operation of a Home Oc component design and building business, located at 2924 S. Denali MayorTammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba for a custom rifle The Meridian Planning Department is reviewing plication to operate a home occupation for an in-home hair and nail salon at 2924 enali Way. If the application is found to comply with Unified Development Code (UDC itlel 1, Chapter 4, Section 3-21, it will be approved on January 15, 2009. UDC 11-4-3- is available for review at: httn://www.meridiancitv_~rs~/ntann;nu ~n ~na/;n~aY air Following approval, the applic irector, or a party of record. may appeal this decision or a condition of approval by re ting City Council review of this decision. All~requests shall be filed in writing with the 'ng Department no later than February 17, 2009 and shall comply with the provisions o DC 11-SA-6B. The application for City Council Review is available on our website at .merdianci .or , or upon request from this office. For additional information about this dec' on or about your right to appeal, please contact this office at 884-5533. Sinc ely, r ~ j t,. t~,.ri,~-vtt _ J~ y Veatc for Anna Borchers Canning, AICP Planning Director Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org FILENAME /'1 Page Text2 CASON EDWARD L & CASON TRACI L COUNTRYWIDE HOME LOANS INC GRAY MICHAEL F & GRAY BEVERLY G HOPE KEVEN A & HOPE SILVIA P Text3 2893 S DENALI WAY 400 COUNTRYWIDE WAY # 35 2975 S BEAR CLAW WAY 2921 S DENALI WAY MCGEE CHARLES C &MCGEE SANDRA J 2877 S BEAR CLAW WAY MEYER JOHN W & MEYER ISABEL 2979 S DENALI WAY NEWBY JOSEPH G & NEWBY HELENA M 2943 S DENALI WAY PALOMINO PROPERTIES LLC 2204 W MALAD ST SISNEROS LARRY S & SISNEROS SANDRA E 2896 S DENALI WAY TRANI CHRISTINE 2924 S DENALI WAY N CO N (D /'1 /"~ ~,~ j d' f m o z ao ~ _ ~ I-~ D ro co ^ .~ ~ ' H ~ ao . ~ w ai aN 0 m u.i M Ch i '~ ? ,~~4r- -J (~1 ~ z - - -- - - - - -- - , l U • "` J '~ a ~ a a Q J ~ l _ ~ a a ~ w \ a w ~ w NI LwL O ~ •`~' V 0 L L ~ ~ iti ~ .~ _ U w U Q ~ ~ = U a C ~ ~ ZO • . V ~ Q ~ -' ~,-C~y w / I ' ~ Z z ~ w .~ ~ ~C H z ~ ~ w ~ ~ '~ ~' a 00 ~ ~M N c~i . m V b r--~ Q Q ~ Q • -- -- ;• I ', ANTHONY BURT T s,-ei,zs ~ 3134 292.4 S DINALI<WAY ' ' MERIDIAN, ID 83642 ,Date D Pay to the J Order of ~~ t( 1~'i~.. IONS BAN K Zions Online Banking Office P.O. BOX 3748, 1-866-761-8349 Salt Lake City, Utah 84110 www.zionsbank.co For~,.~ o~~~,~A~ ~/ ~ `: ~~ _ _ e.a.., ~... Dollars ~o~a~ ~ V ~~ ~~E IDIAN~-- /`\ Planning Department ACCESSORY USE ^ Application Checklist Project name: ~,pw~e- ~ju.S't•••-e..S i t.~g.4. File#: Applicant agent: ~u~ ~rpu~ S . ~~/'~ All applications are required to contain one copy of the following: Applicant (y) Description Staff (~) ~/ Completed ~ si ned Administrative Review A lication Narrative full describin the ro osed re uest Recorded warrant deed for the subject ro ert / Affidavit of Legal Interest signed & notarized by the property owner (If owner is a corporation, submit a co of the Articles of Inco oration or other evidence to show that the erson si nin is an authorized a entJ / Scaled vicinity map showing the location of the subject property (can be obtained from the Plannin De artment) / Scaled or dimensioned site plan showing the boundaries of the property, floor plan of house, area intended for accessor use, and arkin and and areas. Fee Additional Re uiremeuts for Da Cate A lications NlR Include the following additional information in the narrative: - The total number of children ro osed to be cared for durin the da Include fencin details on the site Tan (location, t e of fence) Standards for Da Care Facilities, Statement of Com liance form si ned b a licant Neighborhood meeting sign-ln sheet (Applicants are required ro hold a neighborhood meeting to provide an o ortunit for ublic review of the ro osed ro'ect rior to the submittal of an a lication.) Additional Re uirements for Home Occu ation A ~lications Standards for Home Occupations, Statement of Com liance form si ned b a licant APPLICATION WILL NOT BE ACCEPTED UNLESS ALL ITEMS ON THE CHECKLIST ARE SUBMITTED. 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6854 • Website: www.meridiancity.org