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HomeMy WebLinkAboutDunaway, Julie AUP 07-022~irE IDIAN~-- IDAHO December 13, 2007 Julie Dunaway 241 W. Idaho Avenue Meridian, Idaho 83642 RE: Accessory Use Permit application (AUP-07-022). Dear Ms. Dunaway: 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 to sell baked goods, books, and artwork created in your home and to operate a Melaleuca consulting office out of your home located at 241 W. Idaho Avenue and to include the following on-going conditions of approval: 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- goingpickups per. day from a common carrier. F. The home occupation shall be conducted by the inhabitants of t-.~ 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. J. 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. 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. Sincerely, l 'sty Vigil or Anna Borchers Canning, AICP Planning Director /"~ ,"'~ CITY OF MER~...IAN PLANNING DEPARTMENT ACG~~SORY USE STAFF REPORT DATE: December 13, 200 ...E IDIAN-- TO: Anna Canning, Planning Director ~ FROM: Kristy Vigil, Assistant City Planner SUBJECT: Application for a home occupation to operate a home occupation to sell baked goods, books, and artwork created in your home and to operate a Melaleuca consulting office out of her home located at 241 W. Idaho Avenue by Julie Dunaway. We have reviewed this submittal and offer the following comments: APPLICATION SUMMARY The applicant, Julie Dunaway, has requested approval for a home occupation to operate a home occupation to sell baked goods, books, and artwork created in your home and to operate a Melaleuca consulting office out of her home located at 241 W. Idaho Avenue, 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 241 W. Idaho Avenue in the SE 1/4 of T. 3N., R. 1 W., Section 12. APPLICABLE CODE 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 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 AUP-07-022 Julie Dunaway PAGE 1 i"~ CITY OF MER..~IAN PLANNING DEPARTMENT ACC;.,dSORY USE STAFF REPORT 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 bl 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 RECOMMENDATION Staff recommends approval of the accessory use (AUP-07-022) for a home occupation to sell baked roods, books, and artwork created in your home and to operate a Melaleuca consulting office out of her home located at 241 W Idaho Avenue for Julie Dunaway with the comments noted above. AUP-07-022 Julie Dunaway PAGE 2 ,:.r ,-~ Q ~* ~ - ~. ~:~~~t ,,,,. Planning Department ADMINISTRATIVE REVIEW APPLICATION e of Review Requested (check all that a X9.~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 STAFF USE ONLY: File number(s): ~ ~ ~' 0 ~' -- 0 22 Information Project name: Lt. ~,,,,. Date filed:~Q Date complete:~d Assigned Planner: ~ !/! Related files: Applicant name: Applicant address: 2t~~ c.~ . ~P~,~~ °~~~ Applicant's interest in property; Own ^ Rent ^ Optioned ^ Other Owner name: ~" tt ~ [ E ~ . ~ U ~ ~ ~ p~~ Owner address: ~~ ( (,~ . ~ p +~ {-{ p ,~~ ~ . Agent name (e.g., architect, engineer, developer, representative): Firm name: Address: Phone: ~~ ~ '- ~ ~~ Zip: ~.~~ (p Phone: Zip: Primary contact is: ^ Applicant ~I Owner ^ Agent ^ Other Contact name: ~c,t [ 1 ~,+'~ ~ c~ ~~~a~ E-mail: ~/ 's` ~ 2~5~2~~i,n't. n~~ ~ L c ~ r'ri ; Subject Property Information Phone: _~ ~~ Fax: -^---- Location/street address: '7 c.l I ~~Q~ {-Lp ~ ~E _ Assessor's parcel number(s): Kg323'j S'02t~~"" Township, range, section: ~N ~ W ~ 2 Total acreage: ' Current land use: ~~ `J J` ~ ~ \ 114,x. Current zoning district: ~~ t ~ ~'7~~ > °~~ ~~ Phone: ~~ - ~ S~ Zip: ~'~ !~~-,<.~. ~ 660 E. Watertower Lane. Suite 202 Meridian; Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6854 Website: w~~w.meridiancity.org I (Rev. 9/21106) n Project Description ... N O M ~ d c~ cc ~-t- ~~gJ ~~~ t General description of proposed projecdrequest: `J CLL. ~~~G~ dpDS ~?~OO 1C-S SJt G~~, r -t`C~-'-~-~ R ~ C IJO ~? ~ awn F ~, to Lr ~ ~ ~ c0 r~~ t -t a~~~~ Proposed zoning district(s): /~ ~~} Acres of each zone proposed: n/ l]`}- Type of use proposed (check all that apply): ^ Residential ^ Commercial ^ Office ^ Industrial ~ Other _ ~0-tis~_ D C ~c,OG~t,~~- Amenities provided with this development (if applicable):- I/ ~} 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 Ciry 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 Bedro 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 ope ace: (See Chapter 3, Article G, for qual~ed open space) Type of open spa rovided in acres (i.e., landscaping, public, common, etc): Type of ling(s) proposed: ^Sfngle-family ^ Townhomes ^ Duplexes ^Multf-family Non-residential Project Summary (if applicable) Number of building lots: Other lots: Gross floor area proposed: ~ ~~ Existing (if applic le): Hours of operation (days and hours): WC~sC ilding height: Percentage of site/project devoted to the following: Landscaping: Building: Paving: Total number of employees: Maximum numb/er of employees at any one time: Number and ages of students/children (if applicable): ~ / ~ Seating capacity: ~/ 1~ Total number of parking spaces provided: ~ Number of compact spaces provided: 1/ 1 _ Authorization Print applicant name: V (~ I ~ ~ ~ ~ iC.1 t~ ~ Applicant signature: n Date: / ~ "3 Q - ~~ 660 E. Watertower Lane, Suite 202 Meridian, ho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6854 Website: www.meridiancity.org 2 /'1 ~~E IDIAN*-- IDAHO November 2, 2007 Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba RE: Notice of pending approval for the operation of a home occupation to sell baked goods, books, and artwork created by the applicant. In addition, the applicant is applying to operate a Melaleuca consulting office out of her home located at 241 W. Idaho Avenue. The Meridian Planning Department is reviewing an application to operate a home occupation to sell baked goods, books, and artwork created by the applicant. In addition, the applicant is applying to operate a Melaleuca consulting office out of her home located at 241 W. Idaho Avenue. If the application is found to comply with Unified Development Code (UDC) Titlel 1, Chapter 4, Section 3-21, it will be approved on November 19, 2007. UDC 11-4-3-21 is available for review at: http://www.meridiancity.or Tannin zonin 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 December 4, 2007 and shall comply with the provisions of UDC 11-SA-6B. The application for City Council Review is available on our website at www.merdiancit~g, 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, h 1 C~^ sty Vigil or Anna Borchers Canning, AICP Planning Director Planning Department .660 E. Watertower Street, Suite 202, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org N ~ Z ~, ~ ~~ 3''~d 3a~j ~l d~ ;'1 /"~ 1''1 STATEMENT OF COMPLIANCE FOR HOME OCCUPATION I intend to operate a home occupation fora t" ~l~. k ~~-~c R- . ~dar~z~ my residence at: I agree to operate my home occupation consistent with the standards set forth by the City of Meridian. Those regulations are listed in the Unified Development Code (UDC) Section 11-4- 3.21 and include the following: 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 or 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. J. All visits by clients, customers, and/or employees shall occur between the hours of 8:00 a.m. and 8:00 p.m. Furthermore, I understand that any home occupation that has employees or clients must first be approved by the City. As part of that approval the City will inform my neighbors about my proposed home occupation. I will have employees: Yes ^No I will have clients: Yes ^No I have read and understand the above standards, and certify that I will conduct my business in accordance with these. standards. If I cannot meet these standards, I understand that the City will not allow my home occupation to continue. Applicant's Signature Applicant's Printed 1\ Applicant's Address: 8~ "~` ~ r,.~ '`. . After Recording Return To: Home Federal Savings & Loan Association of Nampa 50012th Avenue South Nampa, ID 83651 DEFINITIONS [space Above Tbis Line For Recording Data] DEED OF TRUST Words used in multiple sections of this document are defined below and other words. are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated February 20, 2003 ,together with all Riders to this document. (B) `Borrower" is JULIE A DUN~AWAY AND RICHARD W DUN~AWAY, WIFE AND HUSBAND ~~p R,u,,,p. Borrower is the trustor under this Security Instrument. (C) "Lender" is Home Federal Savings and Loan Association of Nampa Lender is a Savings and ~.oan ' organized and existing under the laws of the State o~ Idaho .Lender's address is 50012th Avenue Soutfr; Nampa,.ID 83651- . Lender is the beneficiary under this Security Instrument. (D) "Trustee" is p10NEER TITLE COMPANY OF ADA COUNTY (E) "Note" means the promissory note signed by Borrower and dated February 20, 2003 .The Note states that Borrower owes Lender Thirty Nine Thousand and no/100 Dollars (U.5. $ 39,000.00 )plus interest. Borrower has promised to pay this debt in regular Periodic; Payments and to pay the debt in full not later than March 01, 2010 (I~ "Property" means the propeily that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges. due under the Note, and all sums due under this Security Instrument,-plus interest. (I~ "Riders" means aI1 Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ^ Adjustable Rate Rider ^ Condominium Rider ^ Second Home Rider ^ Balloon Rider ^ Planned Unit Development Rider ^ Other(s) [specify] ^ 1-4 Family Rider ^ Biweekly Payment Rider ,- IDAHO-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30131/01 ITEM 7873L7 (0011) CiREATLAND ^ (Page 1 of 12 pages) To Order Call 1-800-530.9393 ^Fax: 616-791.1131 m "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all. applicable final, non-appealable judicial opinions. (,n "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (I~ "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (1Vi) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the cover9ges described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any. pazt of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations. of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether ~or not that party has assumed Borrower's obligations under. the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the County of Ada [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] LOT 8 IN BLOCK 4 OF WEST VIEW ADDITION TO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 2 OF PLATS AT PAGE 68, OFFICIAL RECORDS OF ADA COUNTY, IDAHO which currently has the address of 241 W IDAHO AVE [Street] MERIDIAN ,Idaho 83642 ("Property Address"): [Cit3'1 [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property.. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." IDAAO~Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30131/01 ITEM 187312 (0011) GREATLAND ^ (Page 2 of 12 pages) To Order Calt 1-800-530.93930 Fax: 616791-1131 /"\ RADIUS NOTICE REPORT 02-Nov-2007 FILE NAME: 241 Owners Owner Address CLEMENTS ROBERT D 4062 N PATTON AVE CLEMENTS TONI G BOISE, ID 83704-3260 Property Address: 241 DAMES CHERYL A 222 W IDAHO AVE BALZER MARJORIE A MERIDIAN, ID 83642-0000 Property Address: 241 DUNAWAY RICHARD W 241 W IDAHO AVE DUNAWAY JULIE A MERIDIAN, ID 83642-2535 Property Address: 241 GRIFFIT'H ROBERT J & 715 W 03RD ST GRIFFITH LILA N MERIDIAN, ID 83642-0000 Property Address: 241 KILLIAN JAMES R & PO BOX 826 KILLIAN MAXINE E MERIDIAN, ID 83680-0000 ' Property Address: 241 KLUG DAVID J LIFE ESTATE 722 W 03RD ST KLUG JEAN LIFE ESTATE MERIDIAN, ID 83642-0000 Property Address: 241 MCCURDY NATHAN B 721 W 03RD ST MERIDIAN, ID 83642-0000 Property Address: 241 NAVARRETE JOSE LUIS 714 W 03RD ST MERIDIAN, ID 83642-0000 Property Address: 241 NESBIT RICHARD 717 W 02ND ST MERIDIAN, ID 83642-0000 Property Address: 241 1 /"~ /'~ Owners Owner Address RED CANYON CORPORATION 3420 SHADOW HILLS DR EAGLE, ID 83616-0000 Property Address: SERMONS DOUGLAS C 203 W IDAHO AVE SERMONS DORITA K MERIDIAN, ID 83642-0000 Property Address: WILEY-COX CATHERINE E 711 W 02ND MERIDIAN, ID 83642-0000 Property Address: 241 241 241 2