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HomeMy WebLinkAboutData Recovery AUP 14-001wERIDIAN*,— Planning Division ADMINISTRATIVE REVIEW APPLICATION Type of Review Requested (check all that apply) Accessory Use STAFF USE ONLY: ❑ Alternative Compliance ❑ Certificate of Zoning Compliance File number(s): %® ❑ Certificate of Zoning Compliance Verification ❑ Conditional Use Permit Minor Modification Project name: ❑ Design Review ❑ Private Street Date filed: Date complete: ❑ Property Boundary Adjustment Assigned Planner: Wu ❑ Time Extension (Director) g7Y 1 r 04 ❑ Vacation Related files: ❑ Other Applicant Information �` Phone: ?R -M- X991 Zip: ?�b`(L E-mail: U1a4ALQA-W&SVM Applicant's interest in property: X Own ❑ Rent ❑ Optioned ❑ Other Owner name:k- s&b ( Vl Phone: Fax: p7-7451 Owner address: �U '�i- Zip: g5&g2, E-mail: U it -0 CSM Agent name (e.g., architect, engineer, developer, representative): Firm name: Address: Phone: Fax: Zip: E-mail: Primary contact is: bQ Applicant ❑ Owner ❑ Agent ❑ Other Contact name: W4,t 1@- A©S V1 Phone: Fax: QW - Contact address: 1n1 S N W L` ro . ZiD: Q 364 Z E-mail: I.l)0� u V1'L� V1- Wdl'. CO ►►'1 Information Location/street address: -to (S M W T4 7 . (AQ V'i 41" . ID q 3 6142 - Assessor's parcel number(s): Township, range, section: 0 370 _t Total acreage: 0.4 Current land use: (�� 1 �(Q,+n� R Current zoning district: i - L- 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (02/08/2013) Project/subdivision name: LAG }4 Kc[%hJ<'�'i l>>'!� ; k VC,C c/1Sj J .1 description of proposed project/request: 1b -V- t Pt V (�C G n Cv-,- ,- ^S1 f Proposed zoning district(s): Acres of each zone proposed: l/moi Type of use proposed (check all that apply): Residential ❑ Commercial ❑ Office ❑ Industrial ❑ Other 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 building lots: Number of common lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2 — 3 bedrooms: 4 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 qualified open space acreage: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Amenities provided with this development (if applicable): Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhomes ❑ Duplexes ❑ Multi -family ❑ Other Non-residential Project Summary (if applicable) Number of building lots: , e to : t.. Gross floor area proposed: 1 l tistmg applicable): ,� Hours of operation (days and hours): /0 Building height: Z S. 1 ' Percentage of site/project devoted to the following: Landscaping: Building: Paving: Total number of employees: 0 Number and ages of students/children (if applicable): Total number of parking spaces provided: �_ Number of compact spaces provided: Authorization Print applicant name: 5 v Applicant signature• Date: Dec I roadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 IE IDIANA--%�DAHO January 15, 2014 Wayne Josleyn 615 NW 2nd Street Meridian, Idaho 83642 RE: Josleyn, Wayne (AUP-14-001) Dear Mr. Josleyn: Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Miam Charlie Rountree David Zaremba This letter is to confirm that the Director approved the accessory use permit application for a home occupation to operate a data recovery service and computer forensics out of your home located at 615 NW 2nd Street. Your approval of the subject application is conditioned upon ongoing compliance with the standards for home occupations listed in Unified Development Code (UDC) 11-4-3 -21, including but not limited to, 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 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 EIDIAN*--� IDAHO Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Miam Charlie Rountree David Zaremba 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 11-3 C-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. J. The home occupation shall only be allowed as an accessory use to an allowed residential use. The applicant, director, or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Division on or before January 30, 2014, within fifteen (15) days after the written decision is issued, and contain the information listed in Unified Development Code (UDC) 11 -5A -6B. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. Thank you for contributing to the success of Meridian. Please help us serve you better in the future. Visit our web -site at www.meridiancity.org departments/community development/planning/comment card to fill out a customer survey and give us feedback on how we are doing. Sincerely, Caleb Hood, AICP Planning Division Manager CH:kv CITY OF MERIDIAN COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: January 15, 2014 TO: Caleb Hood, Planning Manager E IDIAN�-�- FROM: Kristy Vigil, Assistant City Planner 1 A H O CC: Wayne Josleyn SUBJECT: AUP-14-001 Home Occupation To Operate A Data Recovery Service and Computer forensics STAFF RECOMMENDATION Staff recommends approval of the accessory use permit for a home occupation to operate a data recovery service and computer forensics located at 615 NW 2nd Street for Wayne Josleyn, subject to the conditions outlined below. APPLICATION SUMMARY The applicant, Wayne Josleyn, has requested approval for a home occupation to operate a data recovery service and computer forensics out of his home located at 615 NW 2nd Street, Meridian, Idaho. LOCATION The property is located at 615 NW 2nd Street. STAFF ANALYSIS The property is located in the I -L zoning district. The current primary use as a single-family dwelling on the property is considered a nonconforming use and is subject to the following provisions in UDC 11-1B-4: A. The nonconforming use may continue as long as the use remains lawful and is not expanded or extended, subject to the following provisions: Alteration: No existing structure containing a nonconforming use may be enlarged, extended, constructed, reconstructed, moved or structurally altered except; (a) through the approval of a conditional use permit in accord with the procedures set forth in Chapter 5 Article B SPECIFIC PROVISIONS of this Title; or (b) where the use of the structure is changed to a conforming use. 2. Extension: A nonconforming use may be extended to occupy additional land area only through the approval of a conditional use permit in accord with the procedures set forth in Chapter 5 Article B SPECIFIC PROVISIONS of this Title. B. If a nonconforming use has ceased for twelve (12) consecutive months or has been replaced with a conforming use, the nonconforming use shall be deemed abandoned and shall not be reestablished. C. A nonconforming use or structure housing a nonconforming use that is damaged more than fifty percent (50%) of its current assessed taxable value by fire, flood, explosion, wind, earthquake, war, riot, calamity, or other catastrophic event, shall comply with this Title upon reconstruction. If the damage to the nonconforming use or structure housing the nonconforming use is fifty percent (50%) or less of its current assessed taxable value, the nonconforming use may continue, provided that AUP-14-001 Wayne Josleyn PAGE 1 CITY OF MERIDIAN COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT the nonconforming use commences within twelve (12) months of the event. D. Uses housed within structures listed on the National Register of Historic Places shall be exempt from the regulations of this Section. APPLICABLE CODE Because the applicant is not expanding or extending the nonconforming use, the home occupation is allowed with written approval from the Community Development 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 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. I. All visits by clients, customers, and/or employees shall occur between the hours of 8:00 a.m. and 8:00 p.m. J. The home occupation shall only be allowed as an accessory use to an allowed residential use. AUP-14-001 Wayne Josleyn PAGE 2 E IDIAN ( > W, 4;d IDAHO January 15, 2014 Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Miam Charlie Rountree David Zaremba RE: Notice of approval for the operation of a home occupation to operate a data recovery service and computer forensics located at 615 NW 2nd Street. The Meridian Planning Division has reviewed an application to operate a home occupation to operate a data recovery service and computer forensics located at 615 NW 2nd Street. Based on the review and inspection conducted January 14, 2014 we find that the application complies with the Unified Development Code (UDC) Title 11, Chapter 4, Section 3-21. UDC 11-4-3-21 is available for review at: http://www.sterlingcodifiers.com/codebook/index.php?book id=306. 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 within fifteen days after the written decision is issued. All requests shall be filed in writing with the Planning Division no later than January 30, 2014 and shall comply with the provisions of UDC 11 -5A -6B. The application for City Council Review is available on our website at www.merdiancity. rg, 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, d Caleb Hood, A Planning Division Manager "m IV Enc. 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. (Rep. by Ord. 07-1325, 7-10-2007). 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 secondarily related to the personal service aspect of the home occupation. 2 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 - K_ The home occupation shall only be allowed as an accessory use to an allowed residential use. 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, 1 am not allowed this accessory use. Applicant's Signature: Date: 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208).884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org ACCESSORY USE APPLICATION PROJECT NARRATIVE Northwest Data Recovery, LLC is Idaho's only locally owned full-service data recovery laboratory. Our services provide law enforcement, the U.S. military, local and federal governments, business, and personal computer users with data recovery and digital forensic services. Computer forensics is the science of preservation, processing, identification, discovery, and retrieval of digital evidence from electronic devices such as computers, cell phones, and servers. The methodology used ensures any evidence discovered will be admissible in a court of law. Under a comprehensive chain of custody, we discover electronic evidence for the legal issue in question to prosecute or defend a legal case in computer-assisted theft, computer fraud, data theft, data deletion, computer hacking, computer data manipulation, or any other electronic data legal issue. Northwest Data Recovery"' offers both laboratory and on-site services to secure computer evidence. We can retrieve and document evidence from a wide range of computer related crimes—including financial fraud, computer misuse in the office, and Internet abuse. The critical data can be anything from a single file on a floppy disk to gigabytes of data on a RAID array. We regularly preform forensic investigations for: • Law Firms • Accounting Firms • Corporations • Insurance Companies • Criminal Investigators • Federal, State, Local Law Enforcement We are a services -based company that does not offer for sale any products, and 90% of our clients are offsite - only a small portion of clients meet at our home-based office for consultation. We plan to operate our business as we have for the past nine years, and we don't plan any alterations to our property. We would like to continue to provide these valuable services for our community, and request that an accessory use be approved for our small home office in order to do so. Wayne S. Josleynf�'E, MCP, CDRS Order No.: A0321911 WARRANTY DEED FOR VALUE RECEIVED, M. PATRICIA GIL13ERT and CARL 0. GILBERT, husband and wife The Grantor(s), do(es) hereby grant, bargain sell and convey unto WAYNE S. JOSLEYN and ELIZABETH DIANXJ,C�SLEYN, husband and wife whose current address is 615 W. 2ND ST. MERIDIAN, ID 83642 the Grantee(s), the following described premises, in Ada County, Idaho, TO WIT: The Southeast quarter of Block 5 of WEST VIEW ADDITION TO MERIDIAN, according to the official plat thereof, filed in Book 2 of Plats at Page(s) 68, official records of Ada County, Idaho, EXCEPT the South 80 feet thereof, more particularly described as follows: Commencing at the Northeast comer of Block 5 of West View Addition; thence South 171.18 feet to the POINT OF BEGINNING; thence continuing South 91.18 feet; thence North 89004, West 120.00 feet; thence North 90.21 feet; thence South 8903 F East 120.00 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor(s) do(es) 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: Subject to all existing patent reservations, easements, right(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including irrigation and utility easements (if any) for the current year, which are not due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. STATE OF IDAHO COUNTY OF ADA ON THISr'F AUGUST , 2003, BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC PERSONALLY APPEARED ,M. PATRICIA GILBERT, CARL 0. GILBERT, KNOWN TO ME OR PROVEN TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS) WHOSE NAMES) IS/ARE SUBSCRIBED TO THE WITHIN NSTRUMENT IAND ACKNOWLEDGED TO ME THAT fHE XEC�a6D,W SAME. 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