Schance, Judith AUP'~ --
MERIDIAN PLANNING & BONING COMMISSION MEETING: OCT BER 11 1994
APPLICANT: JU ITH SCHANG AGENDA ITEM NUMBER: 4
REQUEST: 1 DING O F CT AND NC USIONS FLAW R ACC SSORY SE P MIT FOR
RE UEST FO A FA LY DAY RE
AGENCY
CITY CLERK:
GITY ENGINEER:
CITY PLANNING DIRECTOR;
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
CO~IIE, NTS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
U5 WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
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o~~ ~~R~ ~ ~~oo ~
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C~Op~
BEFORE THE PLANNING ANT~ZONING COMMISSION OF THE CITY OF MERIDIAN
JUDITH SCHANCE
ACCESSORY USE PERMIT
1050 W. KINGSWOOD COURT
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
September 13, 1994, at the hour of 7:30 o'clock p.m., the
Petitioner appearing in person, the Planning and Zoning Commission
of the City of Mexidian having duly considered the evidence and
the mattez makes the following Findings of Fact and Conclusions:
FINDINGS OF FACT
1. That a notice of a public hearing on the Accessory Use
Permit was published for two (2) consecutive weeks prior to the
said public hearing scheduled for September 13, 1994, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the September 13, 1994,
hearing; that the public was given full opportunity to expxess
comments and submit evidence; and that copies of all notices were
available to newspaper, radio and television stations;
2. That this property is located within the City of
Meridian and the Applicant does not own the property; that owner
of property is Jack Milne of Bellevue, Washington, described in
the application which description is incorporated herein; that the
surrounding properties are residential homes.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 1
3. That the Applicant requests an accessory use permit for
the operation of a Family Day Care Home; that such use requires an
accessary use permit in any zone where allowed.
4. That the property is contained in the MISTY MEADOWS NO.
1 SUBDIVISION.
5. That the use proposed by the Applicant is set forth
above and the Applicant proposes to care for 3-4 children; that
the number includes caring for infants up to 4 total; that the
definition of Family Child Care Home restricts the number of
children in that type of facility to 5 or less.
6. That the day care use proposed by Applicant is an
allowed accessory use in the R-4 and R-8 districts of which the
Applicants property is zoned.
7. That the subject property is occupied by the Applicant;
that the yard will be completely fenced with a 6 foot wooden
fence; that the property does not have irrigation canals or
facilities in the area.
8. That sewer and water is already connected to the
property, but the use may require additional charges ar fees.
9. That the hours of operation will be from 6:00 a.m. to
~,.~~-~~ ~ p,p.m., five days a week not to include weekends.
10. That Applicant will be getting a day care license.
11. There was oral testimony in opposition to the
application; that Richard Brawn of Misty Meadows Subdivision
stated he is opposed for the reason of increased traffic and
submitted a letter stating such; that Doug Moss testified stating
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 2
5. That 11-2-410 D of the Revised and Compiled Ordinances
of the City of Meridian sets forth the standards under which the
Planning and Zoning Commission shall review applications far
Accessory Use Permits; that those standards are as follows:
Family Child Care Home Standards: It is the intent of this
provision to provide for accessory family child care homes
which will not adversely impact surrounding properties due to
chi.ldren's noise, traffic and other activities, and which are
located away from and properly screened from adverse impacts
to the health, safety and welfare of the children. The
following .conditions shall apply:
(]. ) Secure and maintain a child care license from the Idaho
State Department of Health and Welfare-Child Care
Licensing Division if required.
(2) Acquire an occupancy certificate.
(3) Provide one (1) off-street parking space per employee
which may be the driveway to the home.
(4) Provide for child pick-up located off arterial or
collector streets.
(5) Provide for screening of adjacent properties to protect
children from adverse impacts and to provide a buffer
between properties.
(6) Provide far a fence of appropriate height/construction,
to enclose play areas, protecting children from traffic
on arterial or collector streets.
6. The Applicant shall keep the children in the home or
fenced yard at all times except for drop-off and pick-up times
when the parents shall be required to bring the children into the
Applicant's home and came into the home to pick the children up.
The children shall at no time be allowed out side of the fenced
area when not accompanied by an adult.
7. That the Applicant meets the conditions stated in
paragraph 5, except numbers 1 and 2 and she will have to show
evidence of the fence requirements; in regards to l she will have
to obtain her license and in regards to 2 she will have to obtain
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 4
MERIDIAN PLANNING 8~ ZONING COMMISSION ME7=TING: 3egtember 13.199
APPLICANT: JUD T SC ANCE AGENDA ITEM NUMBER: 5
REQUEST: E U S OR AN AC SSORY PER I A FA DAY E
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER: COMMENTS FORTHCOMING
CITY PLANNING DIRECTOR: COMMENTS FORTHCOMING
CITY ATTORNEY:
CITY POLICE DEPT: "REVIEWED"
CITY FIRE DEPT: SEE ATTACHED COMMENTS
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS
NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
~^a
HUB OF TREASURE VALLEY
OFFICIALS ~
A Good PIaCt3 t0 L1VC COUNCIL MEMBERS
RONALD R. TDLSMA
WILLIAM G. BERG, JR., Clty Clerk
CITY aF MERIDIAN MAX YERRINGTON
ROBERT D. CORRIE
GARY D. SM THS P EyCity Engineer WALT W. MORROW
BRUCE D. STUART, Water Works Supt.
33 EAST IDAHO
SHARI STILES
JOHN T. SHAWCROFT, Waste Water Supt. Planner at<Zoning Administrator
KENNY W. BOWERS, Flre Chief IDAHO $3642
MERIDIAN
"BILL" CORDON, Police Chiel
W
L , JIM JOHNSON
.
.
WAYNE G. CROOKSTON, JR., Attorney Phone (208) 8a8-4433' FAX (208) 887813 Chairman -Planning 8 Zoning
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
MEMORANDUM September 9, 1994
TO; MAYOR, COUNCIL, PLANN G & ZONING
FROM; Gary D. Smith, PE
RE; FAMILY DAY CARE (Acce ory Use Permit)
1050 W. Kingswood Ct.
I have reviewed this submittal and offer the following comments for
your information and or use as conditions of the applicant during
the hearing process:
1. In accordance with existing City of Meridian policy, an
additional sewer and water assessment may be necessary. The five
(5) children maximum for this use should cause an additional water
usage of approximately 2500 gallons per month. This is
approximately equal to 0.5 of an Equivalent Residential Unit (ERU).
2. This is a culdesac street so other traffic should not create a
problem for people dropping off or picking up their child(ren).
HUB OF TREASURE VALLEY
OFFICIALS COUNCIL MEMBERS
A Good Place to Live RONALD R-TOLSMA
WILLIAM G. BERG, JR., Gity Clerk MAX YERRINGTON
GARIY D SM THS P.EYCiIy Eng®neer CITY aF MERIDIAN ROBERT D. GORRIE
WALT W. MORROW
BRUCE D. STUART, Water Works Supt-
JOHN T. SHAWCROFT, waste water s~pl. 33 EAST IDAHO SHARI STILES
KENNY W. BOWERS, Flre Chief MERIDIAN, IDAHO 83642 Planner & Zoning Administrator
W.L. "BILL" GORDON, Police Chief JIM JOHNSON
WAYNE G. CROOKSTON, JR., Attorney Photte (208) 888433 ~ FAX (208) 887813 Chairman -Planning & Zoning
Public Works/Building Department (208) 887-2211 ~~,p'~~~~ r~'
GRANT P. KINGSFORD 9d '0/
Mayor SAP 1 2 1994
MEMORANDUM Ci°~ ~' ~~" ~~~~i~I~a~
TO: Plannin & Zoning C mi ion, Mayor and Coiuacil
FROM: Shari . S 'les, Plannin oning Administrator
DATE; September 12, ].994
SUBJECT: Accessory Use Permit for Family Day Care by Judith Schance
Adjacent property owners have indicated covenants prohibit home occupations; as the City does
not enforce covenants, if permission is granted by the City, homeowners will have to follow-up
on enforcement.
HUB OF TREASURE VALLEY
QFFICIALS
A Good Place to Live COUNCIL MEMBERS
RONALD R-TOLSMA
WILLIAM G. BERG, JR., City Clerk
W
CITY OF MERIDIAN MAX YERRINGTON
ROBERT D. CORRIE
eer
GARY D SM TH, P.EYCity Eng WALT W. MORROW
BRUCE D- 5TUART, Water Works Supt.
33 EAST IDAHO
SHARI STILES
JOHN T. 5HAWCROFT, waste wa,Br supt. Planner 8 Zoning Administrator
KENNY W. 90WERS, Fire Chlaf IDAHO 83642
MERIDIAN
W.L. "BILL" GORDON, Police Chlet , JIM JOHNSON
WAVNE G. CROOKSTON, JR., Attorney Phone (208) 888-0433 • FAX (208) 8874813 Chairman -Planning 8 Zoning
Publi¢ Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
TRANSMITTAL TO AGENCIE5 FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning ~. Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: e e er 6 1994
TRANSMITTAL DATE: 8/1 9 HEARING DATE: 9/'13/94 _
REQUEST: Accessory Use Permit fora family,~ay care
BY: u c a e
L~CATIQN OF PROPERTY OR PROJECT: 7050 W. K' swood Cou
JIM JOHNSON, P2
MOE ALIDJANI, P/Z
JIM SHEARER, P2
CHARLES ROUNTREE, P2
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(pRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM 8 FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & AL PLAT)
CITY FILES J/^`J n f Q
YOUR CONCISE
~~
^, ;,r
CENTRAL
•• DISTRICT
HEALTH
DEPARTMENT
Rezone #
Conditional Use #
Preliminary /Final /Short Plat
~~d` Imo, ~S~'~~ c~
! dJ~a ~ ' ~/NrnS l+~
~/L ,dj¢ C.~42~
~o vyT,
g
^ Garden city
~eridian
^ Kuna
^ Acz
^ I . We have Objections to this Proposal.
^ 2. We recommend Denial of this Proposal.
^ 3. Specific knowledge as to the exact type-of use must be provided before we can comment on this Proposal.
^ 4. We will require more data concerning soil conditions on this Proposal before we can Comment.
^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
^ high seasonal ground water
^ solid lava from original grade
^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers:
^ 2 feet
^ 4 feet
^ 7. After written approval from appropriate entities are submitted, we tan approve this proposal for:
^ central sewage ^ community sewage system ^ community water well
^ interim sewage ^ central water
^ individual sewage ^ individual water
^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
^ central sewage ^ community sewage system ^ community water
^ sewage dry lines ^ central water
^ 9. Street Runoff is not to create a mosquito breeding problem.
^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
12. We will require plans be submitted for a plan review for any:
^ food establishment ^ swimming pools or spas ~ child care center
^ beverage establishment ^ grocery store
^ I3. Date: ~ /" ~ /~
Reviewed By:
REVIEW SHEET
REC~~~~~
Environmental Health Division AEG 2 s 1~~4 Return to:
Lf ^ Boise
C~ ~ ~' ~l" 1vln i1Yir-[-1/Y ^ Ea le
CDND 10/91 rtb, rer. I Il93 jll
HUB OF TREASURE VALLEY
OFFICIALS A Good Place to Live COUNCIL MEMBERS
WILLIAM G. BERG, JR., city Clerk
JANICE L. GASS, Clty Treasurer
CITY ~F MERIDIAN RONALD R. TOLSMA
MAX YERRINGTON
R08ERT D
CORRIE
GARY D. SMITH, P.E. Clty Engineer .
BRUCE D. STUART, Water Works Supt. WALT W. MORROW
JOHN T. SHAWCROFT, Waste water supt. 33 EAST IDAHO SHARI STILES
KENNY W, sgWERS. Fire Chief
" MERIDIAN, IDAHO 83642 Planner &Zoning Administrator
GORDON, Police Chief
W.L. "81LL JIM JOHNSON
WAVNE G. CRpOKSTON, JR., Attorney Phone (208) 888-0433 • FAX (208) 887813 ~ ~ ~ ~ (I ~ p~ !,~
Public Works/Building Department (208) 887-221 I u V II ITIl1 Chairman • Planning R Zoning
GRANT P. KINGSFORD ~ 7 F~IJ ~ 1994
~J 7
M
ayor
NAMpA & MERIpIAN
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH TAE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning SZ Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by:_Se_ptember„_6. 1994
TRANSMITTAL DATE: _ 8115194„ ,, .. , HEARING DATE: 9/13/94
REQUEST: Accesso se it for it da care
BY: d" c ante
LOCATION OF PROPERTY OR PROJECT: 1050 W. Kingswood Court ,~
JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT
MOE ALIDJANI, P2 MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT)
JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT
CHARLES ROUNTREE, P2 ADA PLANNING ASSOCIATION ~~.~~E
TIM HEpPER, P2 CENTRAL DISTRICT HEALTH
GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT AUG ~ O 994
RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT
~~
.~~
~
BOB CORRIE C/C ~~~.~r1uI11JGJ
IDAHO POWER CO PRELIM ~ FINAL PLA
~
'~'~`~
•( T1
WALT MORROW, C/C U.S. WEST(PRELIM Sr FINAL PLAT)
MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT)
WATER DEPARTMENT - BUREAU OF RECLAMATION(PRELIiVi ~ FINAL PLAT)
SEWER DEPARTMENT CITY FILES
BUILDING DEPARTMENT OTHER:
FIRE DEPARTMENT YOUR CONCISE REMARKS: All laterals and waste ways
POLICE DEPARTMENT must~ze_ protected. Municipal surface drainage must
CITY ATTORNEY be_ r.la_r~.il~e~l~ situ _I~-any surface drainage leaves
CITY ENGINEER thl= site, Nam~~,,,¢~ Meridian Irrigat~,~_p1,,~(ir,d,~t must
CITY PLANNER re
%_j~rieation waser_ be made_availab_le to_ all developments within this, 1istrict.
r Tres that a Land se Chan e Site
Tlava7 nnmant' annl ir•ati nn hP f; 1Pd_f_or_ review prior to final nlattin~. Contact
Nampa & Meridian Irrigation District
RECEIVED
July 22, 1994 AUG ~ 2 ~s~4
CITY OF N~1~-{ii3if~~1(
To whom it may concern:
I am writing to you in regard to the application for an accessory use permit for
operation of a Family Child Care by Judith M. Schance at 1050 W. Kingswood Ct.
My wife and myself reside across the culdesac at 1035 W. Kingswood Ct. We move
to the Meridian area, more specifically the Misty Meadows Subdivision, for may
reasons. One of these is that it is less traveled and we enjoy the low number of
vehicles into our area. The other reason for our strong opposition to this pernzit is
financial, both present and future. Should we ever decide to move, for whatever
reasons, our home value would otherwise be higher if there is nat a family child
care operation directly across from our home.
My wife and I feel very strongly about the above mentioned reasons as well as the
fact that is stated in our subdivision covenants that all lots within the subdivision
shall be known and described as residential lots and be restricted to single family
dwellings. There are more covenants and a copy can be sent to your office if
needed. I have written this letter as a follow up to my conversation with Shari
Stiles on Wednesday July 13, 1994. My profession does not allow me to be present
in the Meridian area during the summer months so T would be unable to attend any
meeting regarding this situation. I do however, want my view expressed. Thank
you for your time and consideration of our estimation of the situation.
~,~~~--
Richard T. Brown
1035 W. Kingswood Ct.
Meridian, ID 63642
887-1588
1080 West Kingswood Court
Meridian, Idaho 83642
July 7, 1994
~~~~~~~~
Shari Stiles, Zoning Administrator
City of Meridian ~Ul - 8 1994
33 East Idaho
Meridian, Idaho 83642 CITY U~- ~ti~~-~~i~i~
Dear Ms. Stiles:
In reply to your Notice dated June 27, 1994 regarding the filing of
Judith M. Schance at 1050 West Kingswood Gourt, Meridian, Idaho, an
accessory Use Permit for the operation of a Family Child Care out of
her home at said address, we go on record to object to said application
based on the following reasons:
1. According to theCode of By-Laws of Misty Meadows Homeowners
Association, Inc., and the Declaration of Protective Restrictions and
Covenants of Misty Meadows No. 1 Subdivision, II (c) Building Restrictions:
"All lots in said subdivision shall be known and described as residential
lots and be restricted to single family dwellings. II(n) Noxious
Use of Property-Spite Fences: "No portion of the real property nor of a
building site nor any structure thereon shall be used for the conduct of
any trade, business or professional activities. ."
2. We purchased our property as a single family residence and expect the
"Code of By-Laws" to be respected.
3. It is our opinion that the conducting of a Family Ghild Care business
on the residential property next to our property will have a negative
impact on the future value of our property_ and surrounding properties.
'this has been verified by a realtor who has been selling property in this
area for quite some time and knows the area well.
We expect our rights as residential property owners to be adhered to and
are objecting to the establishment of a Family Child Care business at
1050 West Kingswood Court, Meridian, Idaho.
Sincerely,
"f
Q~c.
Mal co m,r . ,a d Rath L. Sayre
C~Op~(
BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN
JUDITH SCHANCE
ACCESSORY USE PERMIT
1050 W. KINGSWOOD COURT
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
September 13, 1994, at the hour of 7:30 o'clock p.m., the
Petitioner appearing in person, the Planning and Zoning Commission
of the City of Meridian having duly considered the evidence and
the matter makes the fallowing Findings of Fact and Conclusions:
FINDINGS OF FACT
1. That a notice of a public hearing on the Accessory Use
Permit was published for two (2) consecutive weeks prior to the
said public hearing scheduled for September 13, 1994, the first
publication of which was fifteen (15) days prior tv said hearing;
that the matter was duly considered at the September 13, 1994,
hearing; that the public was given full opportunity to express
comments and submit evidence; and that copies of all notices were
available to newspaper, radio and television stations;
2. That this property is located within the City of
Meridian and the Applicant does not own the property; that owner
of property is Jack Milne of Bellevue, Washington, described i.n
the application which description is incorporated herein; that the
surrounding properties are residential homes.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 1
3. That the App~.i.cant requests an accessory use permit for
the operation of a Family Day Care Hame; that such use requires an
accessory use permit in any zone where allowed.
4. That the pzaperty is contained in the MISTY MEADOWS NO.
1 SUBDIVISION.
5. That the use proposed by the Applicant is set forth
above and the Applicant proposes to cane far 3-4 children; that
the number includes caring for infants up to 4 total; that the
definition of Family Child Care Home restricts the number of
children in that type of facility to 5 or less.
6. That the day care use proposed by Applicant is an
allowed accessory use in the R-4 and R-8 districts of which the
Applicant's property is zoned.
7. That the subject property is occupied by the Applicant;
that the yard will be completely fenced with a 6 foot wooden
fence; that the property does not have irzigation canals ar
facilities in the area.
8. That sewer and watez is already connected to the
property, but the use may requite additional charges or fees.
9. That the hours of operation will be fxom 6:00 a.m. to
~--~~~ ~5: 00 f p.m. , five days a week not to include weekends.
~~
10. That Applicant will be getting a day care license.
11. There was oral testimony in opposition to the
application; that Richard Brown of Misty Meadows Subdivision
stated he is opposed fat the reason of increased traffic and
submitted a letter stating such; that Doug Moss testified stating
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 2
covenants say no businesses; that he does not like kids and that
is his reason for apposing the application.
12. That the Zoning Administrator commented that adjacent
property owners have indicated covenants prohibit home
occupations; as the City does not enforce covenants, if permission
is granted by the City, homeowners will have to follow-up on
enforcement; and the City Engineer commented that an additional
sewer and water assessment may be necessary and that since the
property is on a cul-de-sac other traffic should not create a
problem foz people dropping off or picking their children up.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners o~ property
which abut the external lot or boundary lines of the property
under consideration.
2. That the City of Meridian has authority to grant
Accessory Uses pursuant to 67-6512, Idaho Code, and, pursuant to
11-2-410 D of the Revised and Compiled Ordinances of the City of
Meridian; and
3. That the City has the authority to take judicial notice
of its own ordinances, other governmental statues and ordinances,
and of actual conditions existing within the City and State.
4. That the City of Meridian has authority to place
conditions on an accessory use permit.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 3
5. That 11-Z-410 D of the Revised and Compiled Ordinances
of the City of Meridian sets forth the standards under which the
Planning and Zoning Commission shall review applications for
Accessory Use Permits; that those standards are as follows:
Family Child Care Home Standards: It is the intent of this
provision to provide for accessory family child care homes
which will not adversely impact surrounding properties due to
children's noise, traffic and other activities, and which are
located away from and properly screened from adverse impacts
to the health, safety and welfare of the children. The
following conditions shall apply:
(1) Secure and maintain a child care license from the Idaho
State Department of Health and Welfare--Child Care
Licensing Division if required.
(2) Acquire an occupancy certificate.
(3) Provide one (1) off-street parking space per employee
which may be the driveway to the home.
(4) Provide for child pick-up located off arterial or
collector streets.
(5) Provide for screening of adjacent properties to protect
children from adverse impacts and to provide a buffer
between praperties.
(6) Provide for a fence of appropriate height/construction,
to enclose play areas, protecting children from traffic
on arterial or collector streets.
6. The Applicant shall. keep the children in the home oz
fenced yard at all times except for drop-off and pick-up times
when the parents shall be required to bring the children into the
Applicant's home and come into the home to pick the children up.
The children shall at no time be allowed out side of the fenced
area when not accompanied by an adult.
7. That the Applicant meets the conditions stated in
paragraph 5, except numbers 1 and 2 and she will have to show
evidence of the fence requirements; in regards to 1 she will have
to obtain her license and in regards to 2 she will have to obtain
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 4
the occupancy permit from the City Building Inspector.
8. That the City has judged this Application for an
accessory use permit upon the basis of guidelines contained above
and the record submitted to it and the things of which it can take
judicial notice.
9. That the State of Idaho Health and We]~fare Child Care
Licensing fox a Family Child Care Home allows up to Six (6)
children to be cared for but the ordinances of the City of
Meridian only allow up to five (5) children under the Family Child
Care Home. The Applicant shall be limited to a maximum of five
(5) children to be cared far under this accessary use permit.
10. That applications of this nature are difficult because
the ordinances say the use is an allowed accessory use if the
standards are met but the neighbors strongly object. If the
neighbors objections are allowed to control it is government by
man not by law. The law controls and the use shall be allowed if
the conditions are met. The neighbors have the aright to pux'sue
any remedy that they .feel is available to them.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adapts and
approves these Findings of Fact and Conclusions.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 5
ROLL CALL
COMMISSIONER HEPPER
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
COMMISSIONER ALIDJANI
CHAIRMAN JOHNSON {TIE BREAKER)
DECISION
VOTED
VOTED
VOTED
VOTED `~"~_~
VOTED
The Meridian Planning and Zoning Commission hereby approves
the Accessory Use Permit requested by the Applicant for the
property described in the application with the conditions set
forth in the Findings of Fact and Conclusions of Law, which
specifically include the requirements and conditions cited in
Conclusions of Law number five ( 5) , six ( 6 ) and' nine ( 9 ) set forth
above, and that the property be required to meet the water and
sewer requirements, the fire and life safety codes, and the
Uniform Building Code, and other Ordinances of the City of
Meridian. The accessary use sha11 be subject to annual review
upon notice to the Applicant by the City.
MOTION:
APPROVED• DISAPPROVED:
FTNDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 6
ACCE5SORY l1SE APPLICATION
1) Applicant's name and address : _-, ~--~ ~-~.. ~ ! ` - -
i._.
} Owner " s name and address :--~~~-~ ~ ' rye-`- ~ -
,.
3) Address of subject property:
_ ~~,~..--
4J ~y;~ ~r`:.u:• o} :3llb,je~~t proper~y: _.. _u~ ~~. gun
It lengthy) 2 ~tC Jf'. ~~. .L / i ,r j'`- / - fir: ~~'•~~.:'1
Q L ~.r-~ n J ~ ~a. n ~f J ~~ ~ ~o .-r. ~"
5) Attach a copy o~ proof of ownership deed:y~5 -
6) Size o~ parcel or lat : Q ~d --~
7) Present zone at parcel or lot: 2 r
fi) p-rincipal permitted use: Rl~rc~s~~~c-*.-~
'/
g arcels - ~fsi~lF... p~.,~ ~
9 } Us+~ made of all abutti.n lots or p
lm) Accessary L]~e requested and describe the use:
L1) Are there other accessory uses o~ a '=im~.lar nature in the
area~% Tt sa state the location and the accessory use=
/ 1 ) Names and address of owners of all abutting land awr,ers : t if
lengthy attach a lot of owners and addr•ess+~)(Abutting land
include thane across the street on alley and kitty corner
including kitty carne-r where a street ar alley is between
your property and the other property>: `~ ~=_,.'~;
13) State any possible adverse impacts ~~n ad.ja~=ent prr~perty such
as noise, traffic, er:eess Light, odor. etc. : ,"r .;~
1~) Da you agree to pay increased sewer, water or traWh fees if
su4;. are required due to incx~ea~eil use: -
„~' 15 i
ti,,'
Has the fee oz ~81~. 00 been attached hereto:
If the accessary use includes canWt:ruct~an of a building an
the lot ar pa-r~Gel complete the fallowing:
a. Will all parts of the accessarry building be located
within the lot or parcel?
b. Is the primary building already constructed?
c. Is the accessary building to be attached to the prirna-ry
building?
d. Will the accessary building be constructed in the rear
yard of the primary building?
e. Will the accessary building occupy less than 40% of the
required rear yard for the primary structure?
f. Ix the answer to a above is no. will the accessary
structure be connected to the primary structure and
will both the primary and accessory 3txucture then meet
,all. yard and court requirements':
q. UaES the rjeightri of the accessary building e.tceed 15
f set ? _
},. If t2'ie lot or parcel ~.s mooned commercial, is any
abutting property moaned residential. and if sa, wi11 the
accessory use occupy any of the front yard`'
17. It the accessary use is far a Family Child Care Home,
r_omplete the fallowing:
a. Is a State of Idaho basic day care license -required fax'
triis type of facility? If aa, attach a copy of your
license. ND
;. ..~,.e you applied far or re~.eiyau a« oa~:upan~;y permi
-- --~
It so attach a cagy of your application or permit. '
c. Is one off street parking space per- emplayeE prov~.dEd`:
d. If the home is located an an arterial ar collector
street is an oft street child pica{-up area provided" r
N r a,
e. Is screening of adjacent pxaperties provided'' E!~'-
f. Is the play area for the children fenced from streets
and neighbors: If sa what is the fence height and type
of construction? -° + 'y :7Jc..fr. -~~',.. r'
rr~ l~, If the accessary uae i.s for a home ~~ccupatian, complete the
~? - fallowing:
a. A•re only family members residing ire the principal
residence?
b. Is the use of the residence as a home occupation
incidental and subordinate to its use as a: residence':,
,,. Will the home occupation use mares than 25% of the floor
area of the dwelling'?
,~, Will any stem be offered far sale thaf_ is not produced
by the dwelling occupants of the premises':
ReMax of Boise 06/01/94
7201 W. Franklin Rd.
Boise, ID 83709
Attn: Don McFarland
Dear Customer;
Pursuant to your request, the following information has been
prepared for you:
Thanks,
~ ~ ---
yT~`l Judd ~'
//Cu tome ~rvice
;._~. -=
~y~L y
.,
A Plsnnrr ~Y
~ON~R ~~ ~I~/~I~Y
OF Att11 COtetrn
RB8 Dlorth cab Road / e«sa, Idaho sa7at
1~-IQ
9383970
~4;l0001: UH
AD1f0-RECORDER
J. DAVID :IAVtif:RO
BOISE ID pIONEEATITLECo.
'l'abphane ii08)~`3gp1-~1~40D P~
FEE ~-- pE
RECORDED AT .FiE EST OF
WARRANTY DEED
ca~rvtDt>,u.~
FOR VJU.{.fI~RECFIVEDJOSEPH S. AND PATftICIA K. IJIICATDS, HUSBAND AND RIFE
4ranta s , do 6ereb~grant, bargaia, raJl aad convey untolAAC M. MILNE AND KATHY R_ MIIaIE,
HUSBAND AND WIFE AND GIF101 D. EVANS, AN UNMARRIED MAN
lbe Grader * , whtxe emreat addrr~t ia: 1050 W. KINCS1i00D COURT. MERIDIAN, ID 83642
the fo0awi~ dda~ed red property m ADA Canaty, State of ldahq mare pardwlary described as
fonow; to-wR:
LOT 2, BLOCK 2 OP MISTY lIPADOUS tiO. 1 SUBDIVISION, ACCOURDING TO TH6 PUT
THEREOF. FILED I11 BOOK 5B OF PLATS A= PACES 5510 AND 5511, RECORDS OF ADA
COUNTYIDAHO.
T'O HAVE AND T'O HO1D the said premises, with their sppuneoanoes unto the said Gradee s and Gramee a heirs
and assigps forever.Agd the said Grader ado hereby covenant to aad with the said Graateea the Gradon are the
owtrer a io fee simple o[ said premises; that said premises are free (roes all encumbraocrs, EXCFp7' those to which this
mnvtyaocc is ~ made subject and those made, suffered or done by the Grantee a ;and subject to reservations,
reatriGipgs, da~[atior~ ease>nwts. ruts of way and agreements, (if ae)') o[ record. and general caeca sod asseszment.~
('mcludesvrigationand utility assessmeaRS, ~Jaoy) far the cwrem year. whicL are not yet due and payable, and that Grantors
will warrant and defend the same (iom all lawful claims whaLsaerer.
Dated:
JO PH IAKAT05 A7RICIA K. lAKATOS
SPATE OF .County o[ nnA ~ ~~ ~_ , ss.
Oa this~day of , io the year of t_ ,~,~_~! , hfore me
a notary public, per.
sooal~' appcared_~pTEIGIA_
known or identified to toe to be
acknowledged to ma that ~ha
v
sa ~ ~ ~
t m
C+ p ~ a
r~~y ~ ~
name t . subsdsbed to the within instrwaent, and
~~Ty P,tMic ~
~r~tding at: ~a^r c r
VfY Commission Enp'tres: 4 - 7 - 94
ADA C^. R~CO:~GFR
J. DA11~1tiAJ:.r:r70
BOISs ID
P10IVF.ER TITfJ: CD
'93 SEP Z~ Pfd ~ J /
FEE ~ GcP /"'
RECORt7CU ~- ` :_ :.~:~ _ST OF
~~ ` 1~ nt+oK ltris t:r,e r~ar tt~ro~rra Daul
DEED QF THUST
TIIIS DEED OF TRUST ("Security IrWrument7 is made on .....S.Cp.Ifxlf>Ct....Z.~s.,..l.
'the gramor is........;,'~. \L,,,~11,1,{~._.~n~--IC/~1}1Y-R. \11 LSE- husbanA an.l .~~ r~
-- .............- ......-----.......--•---....._. --( Borrower").
e trustee is-__.__..P1.S7P~ff....T_Lh.IC_.~F.p.AI)X...R~...t~a..sufl~) :..............................................
(Trustee'). Tire benef .........__ .......................
rwry is WASIi1NGTON FEpERAL SAVJN(i5, which is aganired and eaisling under
the bws of The United States of America, and whose address is 10[)1 Wrat Idaho Street, Boise, Idaho 83701
('Lender')- Borrower owes Lende- the incipal suro of .....,
~ t x t -alt Thou nd F" v ._oa ........................................................................................
.................):........5...__......3a? ._...:.L. £....._ndr~.S(..t7lS?~..~`~,?.~.)............................ . Udlara
(U$. ,,f,+,1-y5~~,;_QO•••••-~ ). 'pia debt is eridenetd by Borrower's nose dated the same date as this Security
Instrument ('Nqe"), which prr>videa for monthly payments, with the full debt, if ad paid earlier, due and payable
This Security Instrument aeture: to Lender (~) the repayment of the debt evidenced by the Nae, with interest, and
all renewals, extensions, sad modifications; (b) the payment of all other sum; with interest, adnnttd under
paragraph 7 to prdeet the security of this Security Inurumcnt; and (r) the perfwmantt of Borrower's covenants
rind agreements under this Security Inurumenl and the Note. For this purpose., Borrower irrevocably grants and
conveys to Trustee, in (rust, with power of sak, the follow ,rg described prt+(rerty krcated in ..........f~r7..._ ..............._...
Ctrunty, Idaho:
Lot 2. Dlock 2 of MISTY AFJ1131~5 NJ. I SLt'il)IVISIaI, accordtn{; to
the Flat thereof. Itlyd in Book 58 of plats, at Pages Si10 and
5511, records of Ada County, Idaho.
" Si•o I-4 Fanily Rider, AssiF'arnt of Rents. .ltt;rchcd hereto
.utd nude s p;trt hereof by rcicrcnc-c.
which hay the :uldress uf ._....).~LSt)..~.~...h,l!!}~5A5?SSj..~.~.+.11f..1 .................... ..........-\k'r.d.41J.:~n...
ISrrcerl Ic'i~rl
Idaho ................~)(!!.Z.. --- .............. ("1'rolxrly Address"):
hp crwrl
T()(il'TIIFiR N'17II all the imlrttrverttents now or hcrafter erected on the property, and all casements, rights,
appurtenances, rents, royalties, mineral, oil and gat rights and profits, water rights and slpclc and all fixtures now or
hcrrafter a part of the pnrperty. All replacements and addiliana shall also Ix crnered by this Security Instrumeut.
All of the foregoing is referred Io in This Security Instrument as the'i'roprrty."
BORRO\YER CUVGNAIYI'S that Burrower u lawfully seised n( the estate hereby conveyed and has the right
to grant and consey the property and that the F'rnperty is uneneumixred, except fur encumbrances of rernrd
Burrower warrants and will defend geuerolly the line to the Prnptrty against all claims and demands, suhjcrt to any
encumbrances of record,
TIIIS SECURITI' INSfRUMI=NT cumh~nes uniform covenants (or national axe sn~ nun-uniform covenants
with limited variations by jmisdieiun In constitute a uniform xccwity instrument covering real property. :-
)L twat ~~~1~`
,, ~:~' A:
~c~luuUi: iu
~1NIFORM GOVENAN'l'S, Bwrersrer and Lender covesraot cad agree u follows:
1. lhymeat err Prlnetpnl end Interest; Prepaytaw sad Vk ~ Borrower shall promptly pay tsitca due the
prirteipal of atsd irrteresl aw the debt evidenotd try the Nat: and nay prepayment cad late charges due under the Nda
2. lands fir ?exec end Isanrawrx. Subject to appfieaibls law a to a wrillew wraivtr by Linder, Btxros~er shall pay to
Lender ew the day modhly payments are due ttttder the Mute. moil the Note is paid in full, a sum (`Funds? far. (a) yearly
braes and aaatmmts trhlch may allaiq priority ot+er this Set:prity Itsrtrtssteat ss a Gee m the Property, (b) yearly leaselsold
paymetVS ar growd rtm:a cut the Property. if nay; (c) years hsrard a property irrsuran¢ premiwas; (d) Year) Hood
iswraate premiurm. if coy: (e) ygrlr mortgage iasurasre premiorns, if aaY cad ((j ury suou WYE by' Borro.~er m
leads, fa aoeordaoee with the provisions of pusgrsph !), it Gee a(We permed of mortgage insurance prc+airrms. These
hems arc nik:d'I:wow heats." Leader may. at cup titst7 ea11eM and fold Foods is an amount not to exceed the matdmsm
amount a lender' far a fcdcrally related tttortgttge loan mare require far Borrower's eitxaw auouot under the fedual Real
Fatale Sdtkment Praeedmea Acs of 1974 n amended from time W ~ 12 U~_C Section 2601 rr reQ. ('RESPA~, unless
aatrther law that applies to the Fttnds eels a lamer atnamL If sa, Leader may, at nay tune, mllcct and hold Funds in sa
smouut ndl to e:aeed the lessor amout_ Lt°der may wimate the atuottrrt of Funds dee on the basis of current data and
reuosable eatimales °f eepettdilures of fmure Escrow Items err ahawise i° aooordan~e with applicable law.
The Funds shall 6a heW in ao instkutipr whose depssits ue imu~ed by i federal agency, instrumeaality, ar entity
(mduding I.endv, i[ !.ender is sue6 an institution) ar ra nay Federal !fame l.oas Beak Leade- shall apply the Funds to
PaY ~ L'Serow Items. Leader may rtat charge Borrower (a poldiog and applying the Fonds, am qy aaaly~ng the escrow
aceouul, a tsrifyitt6 IhC F.saoer ltemr unless Lender pays Bprretwp iderest m the Fonds anu applicable law permits
lender to trrakc atte6 a cbsrge. However, Lender may regttire Basrord to pay lone-time charge far as independent real
attde ta: repprting service used by Lendt:r is annncetioe with this k>aq tttrkss applicable law provides aherwise. Borrower
and Leadu may spee'i° writing, however, that interest shall be paid ar the Funds. Unless ad agrecmca is made w
applinbk law requires interest to 6e paid Lender shall not 6e required to pay Borrower any imerest or eunings un the
Funde Lender shall give to Borrower, without eissrge, as annual summing of the Funds showing credits and debits to
the Funds and the purpose for which each debit to the Funds was madt. The Funds arc pledged u aJditipnal security fur
all sums aecwed by This 5eeurity Inurumeot_
If the Fttuds held by Under extend Ilre amouas perorated to be 6cW by applicable law, Lender shall accoum to
Bon-owa for lht: excess Funds is arrardancr writh the rryoircmems d applicable law. If the amount of the Funds h<IJ by
Leader at sal torte a as strfficteat to WY ~ I:saow Ilrms when dtt~ trader may so notify Borrower in wtaing, and, in
tare6 ease Borrower shall pay l0 Leader the amours necessary to make up eht deficiency. Btxrower shall make up the
dt:fidesry it no scare than Iwelre modhfy payment; at leader's sple dnaetion_
Upaa payment w full of all sums secured by this Secwity Isstrwneat, lender shall promptly rdund to 8brrower any
Fronde held by Leader. If under puagraph 21, Lender shatl enrolee w setl the Property, !.ender, prior to the xquisition or
ra16 of IhE Proprrlr shall apply nay Funds held by Lender at the time of acquisition or sale u a credit agairut the sums
septred by Chia Savrup Idtrumed.
3. Apppntlorr of Payments. Unless apphea6le law provides tttherrise, all payments received by L,cnder unJ^_r
Iruagnphs 1 cad 2 sha116e applied: fus1, to nay prepayment dtugn due ender the Nqe; second to amounts payable unJcr
partgraph Z: third, to iaerest due; fourth, to prindpal due, cad last, Io nay late charges due under the Ntrte.
~ ChsrBes; Llrrs. Borrower shall pay all laxr:ti sstlssmetrl~ charger totes and impositions auribwahlc tp the Property
which may attain priority over this Security Ittstrttroerrt, and leasehold paymcds a ground tents, if any. Borrower shall pay
thesE obligations ~ the msttner provided in paragraph 2, ar, if opt paid io that manner, Bexruwcr shall pay them un lime
drreplly to the person owed payment. Bprrenrer shall promptly furnish to under all notices of amounts to tx paid under
this pusgraph. If Borrower makes lheute payments d't-ectly, Borrower shall promptly furnish to Lender receipts evidencing
elte payments.
Borrower shall promptly diuharge any lice which has prroray purr elm Security Instrument unlcas Borrower. (a) agrees
w wrtemg to the payment a< the ublrgatroa secured by the lice ie a manner acccpable to Lender; (h) comests in g.x+d faith
the ~° by, ar defends against enforeemed of the lien u4 legal proceedings which in the LrnJer's opinion operate to
prevent the eaforcemeot of the lien d forfeiwre of any part of the Property or (c) secures tram the holder of the lien an
aBeemeal satisfapory to Lender subordinating the lien to this Security lastrumtnt. If Lender determines that any part of
the Property is subject Io a lien which may attai.. priority over this Security Instrument, Ixnder may giv~t Borrower a mNicc
identifying the lien. Borrower shall satisfy the lien or take nnc or mere of the adinns xct funh atxwe within 10 days of the
E7visg of ndite.
5, Ilamrd or Property Issuranee. Bttrrtnver shall keep the imprpvemcnts mnv cxiuing or h~rcahcr erected on the
Property insured agairru Ipss by fire, hararJs included within the [erm 'erlendeJ coverage" and any- other ha>ardx, includinK
1lpods or flooding, for which Lender requires insurance. This irtsurarrcc shall he maimaincJ in the amounts and for the
periods that Lender requires. Thr insurance carrier providing th[ insurance shall he chpxcn by Borrower subject to
Lender's approval which shall nor l+e unreasonably withheld. If Bexrower fails to maintain coverage Jescril+cJ above.
lender may, al Lender's option, obtain cmcrage to prtNed LrnJer's Rights in the Prolrerry in accordance with paragraph 7.
All insurance policsea and renewals shall be acceptable to Ixnder and shall include a stanJarJ morgage clause. L.cndcr
shall have the right to hold the policies and renewals. If Lender requires. Aurmwcr shall promptly gisx: In LcnJcr all
receipts of paid premiums and renewal ntxites. In the event of htss, &arower shall give prnnyn nutlet to the insurance
carrier and Lender. Lender may make proof tf loss if pa made promptly by Borrower.
Unless Lender and Borrower otherwise agar in writing, insurance proceeds shall Ix~ applicJ to restoration or repair of
the Property Damaged if the restoration or repair is economically feasible and LtnJcr's security is not IcsccncJ_ I( the
rrsloralion or repair is not etonpmitally feasible or Lender's security would i>e Itscentd, the insurance pnxeeds shall 6e
applied to the sums secured by this Security Instrument, whether ur nd then Juc, with any excess pail en 6nrrower. If
Borrower abandons the Property, nr does nut answer within 30 Jays a a+tice from L.cnJer that ehc insurance reveler hoc
offered ep settle a claim, Then Lender may Collett the insurance proceeds Lender may use the pnxccds to repair yr restore
the Property or to pay sums secured by this Security Instrument, whether ur nut than Jut. The 3p-Jay aerial will begin
when the nnike is given.
Unless Lender and Borrower rnhrrwise agree in writing, any application of procceJs t++ principal shall not cxtcnJ ur
postpone the due date of the monthly payments referreJ to in paragraphs 1 anJ 2 pr change the amount of the payments. If
under paragraph 21 the property is acyuireJ by LenJcr, Borrower's right lu any insurance policies anJ prrxceJs resulting
from damage tv the Property prior In the acquisition shall pass to LcnJcr to the extent of the sums sccwcJ by this Scnuitr
Instrument immediately prior to the acquisition, '
(I'.:1;.• > of (p,+4r.+ )
ic~luuul:li
i, prt'irpaoeyr Preaerrauesa, Malttteaaaor sad Proteetlo^ rf zeta Preperkyi B«*~ ~ "~~ I~aaebalaa.
Cortower shall occupy. t:stablish, sad rise the Property a Borrewier'a principal residence ~~ ~ ~ alter ~
execution esf ibis Security Itntromeet trod sbsttl continua to occupy the Property m Bonr-rer'a~ PV~M ~ ~ ~
kart ooa yetis tsfler lbe date d oavpaecy, unless leader athervrisa apes i ~~a ~d Bewrowv shay ad
unreasowbly withhelel. ar tsttlara Weatuting dreumuwaa emst which are beyond
destroy. damage a impair the Property, aUorr the Proputy to deterioata, or coenmil waste ~ i. Ltwdda ~ faaM
shall be it defanh i< soy forfaitura action a pub a'bO~+ a"C w °~~ b b~
judgeraeW could raault id forfeiltue d the Property ar otherwdw mr-rrialiY impair ~ ~ °~~ ~ ~
leafrnmeot or Leoder'a sanaity ioleresl. 8ertower may ewe tueh a delatJl sad reinstMe, m protdded ifs Pr'aaPb ~• ~
pissing the aetioe rtr prooeediog to be dismissed wish a ndiag t-M. if Leade~~ d ~ Goa txeaS~ ~ by~lLis Stxwiry
(orkilnre d the Borrower9 betertut it the Prope~y or ether material impairm
lnurumeal a keder's secwAy interest. Borrower shall abw be i. defardt if Borrower. dmiag the bast applidia+ proars~
gave mueriaUy tabs a inaccurate ioformatioe or wtemeats to Lerdu (or foaled to provide ~+ "'~ 1Oy trtattiia)
inGsrmatien) 4 aomeaiaa with the boo evidertaed by the Nate. iedttdmg, bw h esa kaxbold, ~~ ~
Bortower's occupancy of the Property as a priaapal reaideesee. U this Seevvity
toon+py with all the provisions d the lease. U Borrower aaqu&es fee title to the Property. the kaxhoW and the fee title
shall nw merge uelas Lender aptxs to the merger iw writbsg.
7. halaetlew « Larders lilghta M the Peepes~r. It Eorrtswer fas7s la perform 16e atrresaat+ sad apeemerMS teauiaed
b this Security lourument, a there is a legal proceeding that may gignifignlly altos lsnders rights is the troperty (arch
u a protxetliog is baokrtsptcy, prtsbata, Gar eoedemnatioe or forfeGwe « to enforce laws ar regtdatioos), this lender may
do sad pay far whoever a naeeuarY to Prated the value d the Property and L,endes's rights is the Property. Leaders
sextons may resole payieg say sums seemed by a Goa which bas priority ewer this 5ecaray Imlrume;e4 tsppariag j° ~•
psyiag reaarsoabk anorntys' lea and eWeriag on rise Property to make repairs. Ahbtwgh ftoda may take aesioe Weser
this pvt~graph 7, lender does oat have to eb sa, b 7 thdl becode ~~ ekbl of Bortnwer srswrd by this
Any amounts disbursed b! Leader undo this parapsp eat, these amonnls shall bear oterest God
Seewiq Imlrumeot. Unless borrower and Leoekr apse to other terms esf paym ~~ Gad Leads to Borrower
the date of disbursement at the Nate rate and shall be payable, with ioluesl, upesa
requesting paymeaL
g. Metrtgage Issrnnese. If Leader requires mortgage iaswaaex as a card'nioe d snaking ~ ~' mewed by this
Security Irmlrumeot, Bortvwer shall pay the Premiums required to maialaie the mortgage imwaace in effect. 1~ far soy
reason, lba mortgage iasmaacc tnverage required by Lender lapses ar ceases to 6e b effect, Borrows aWl pair the
premiesms required to obtain eovenge :ubslaolially equivalent to the mortgage inswaaee prtriattsly io eXeet, al a canal
subslanliaUy equiraknt to the coat to Borrtwer of the mortgage iasuraaae previously in tifeset, from as aherafte mortgage
insurer approvrd by Lender. If substantiaDy egttivakal mortgage instaaaee eorerage is sal taraUable. Borrower rbaB pay to
Leader each month a sum equal to one-twelfth of the ywly mortgage iasesraaee premium being paid by Barrn+er when the:
iaswtmae eoversge lapsed a csttsed to be ie elfeti. Lender vrill aexepl, use sad retain these: paymeAts as a Ids resem is
Geis d mortgage ioswana. Loss reserve payments may no longer ba regn'ved, m the option d Lender, if meartgsge
q ) [xov'~ blr an imorer a Lenses
iaswaaoe coverage ('m the amount sad for lbe period that Lendu re caries PPfOKd 1iY
again becomes availttbk sad is obtuioed. Borrower :6011 pay any prewiums required to maiauie mortgage inwrance is
effees. a to provide a ksss reserve. until the requirement far manyge iosnraaee cads is twoorelaaee with soy writtw
agreement between Borterwer and Lendu or appGable law.
4. tsapecilor. Lender a its sgeot mag make ressanable enures apoo sad inspedtoas d the Property. ltsde+ shag pve
Borrower Waite u the time d or prior Io as iaspeexioe specifying reasonable aux for the mspediaa ~ wit6 ~
1D. Conekmoatlesa The proceeds d say awed or china for damages, elireex ear oomegrsential, .
eoedemwtioo ex other taking d aey part d the Property, or for oonveyaoa in lien of enedemnatioq am hereblr >~
and shag be prod to Lender.
la the event of a total taking d the Property. the: proceeds shall be applied to the snms secwed by this Seauity
lasuumeot, whether ear ool then due, with say excess paid to Borrower. In the e:real d a partial taking of the Property iu
which the: fair market slue of the: Property immediately before the taking is equal to ar pater thou the amount of the
sums secured by th-s Security laslrumeal immediately before the taking. unless Bonowu sad 1-e:odu ol6erwisa agree: i°
w.:ling, the sums secured by this Security laswmeat shall be reduced by the adounl d the: proceeds muMipGed by the
foUov+ing fraclioo: (a) the total amtsuat d the sums secured immediately before the taking, efivided b7' (b) tie fair mvkcl
slue of the Property immediately before the: taking. My bala»ec shall be paid to Btsrttw+a. lathe e:rent of a partial faking
of the Property in which the fa'u mvket value of the Property immediately before the: taking n k;a than the amount of the
sums secured immediately before the taking, unless Bortower sad Leader otherwise agree in writing or uakss applicable
law otherwise provides, the proexeds shall be applied to the sums secwed by this Security lasuumeat whether err not the
sums are then due.
If the: Property is abaadoaed by Borrower. ear if, after atxice by Lender to Borrowu that the: ooodcmnor oilers to make
an awed or settle a claim for damages. Borrower fails Io respond to Lender within 30 days abet the date the adice is givers.
Lender is authorized to aoUed and apply the proceeds, at tls option, either tv reatvratioe or repa'u of the Propcrty or to the
sums secured by th'es Security lastrameot, whethu err col then due.
Udess Lender and 1orrower otherwise agree in writing, say appGealioa of p-^x=~' :~ j.:::,cipal shall sal extend or
postpone the doe date o[ the monthly payments referred to is pvapaphs 1 and 2 of thaage the amonnt of such paymcots
11. Bon•ower NW Relnsed; Forbearrace By Lender Not a Warm. F~teasion of the time for payment ex modification
of amortization of else sums xcured by this Seewity Iasutsmeat granted by 1-e:oder to say successor in interest rt(Barrarrer
shall atat operate to release the liability of the: original Borrower tar Borrower's suaessors in interaL L~rede7 shall sat be
required to eommace proceedings against any suexxssor m iatuest ar refux to pnend Limo for payment ex othcrvrise
modify ataortizatioe of the sums aecwed by this Se:eunty Inurumeal by reason esf any demand made by the original
$ortawer or $tsrtower's sueesssors is inlcresl. Any forbcaraocc by Lender iu exerasing any right or remedy ~aU sat be a
waiver v( or prelude the eseresse esf any right ce rcmeely.
_~" ` ~
~; - ...
~prw r
if;lU[)U171;1;
IJ. Suenason rrd Anlpn ~~ Jalnt wd Several LJabllltyl Crrslprn. The wvenaols and agreements of Ih4
Security Itswumeot sha116iod sad 6eoefit the sweeeasas sod auigm of 4erder rrd Borrower, subject to the provisions of
parapaph lT, B«rawera ooveoattla rrd rgreemaelt shall be joiw and soveraL Ary Borrower who eo•sigrs this Sacnrity
Inurumeet but dop trot eaaote the Note: (a) L tarsigniog Chia Security Irstrumcol ody to mongaga, grant and eorvey 1hM
Bontnrera tntarEat i• the Property ruder the terms J this Settuity loslrumeet; (b) k not personally obligated to pay thr
sums secured by this 5ecutity lostrtsmea~ red (c) rgrea that Letsder trod nay other Botroaru maq spec w mrrd, modify
fwebeu w make soy atxommodatba with regud to lhs terms d thM Stxwily loatrrrtent or the Nate rritheaM that
Borrosrera ooattat.
1.~ Loan C6arsea. >< the bar aecwed by this Sectrity Iswmaenl d subkd W ^ law whkh sou madtnus here c6srga-
rrd that law it fussily bterpreted w that the irteresl or other bm charger tmlleaed a to be eofleaed i• eaneeaiar with
the ban a:emed the permitted limits, thee: (a) say such here charger shall be redtteed by th1 amoert ntwassary to redoes the
charge to the permitted limit; sera (b) say soma ilrerdy eolkaed from 8ottower which t:saeadad permitted limits will ba
refunded to Borrower. Leader may choose to snake this rehmd by radtseieg the principal avreM unary she Nee or br
making a d'uect paymeal to Burrower. U a refund reduces prioeipa~ the redttaion will ba treated a a portal prcpaymeat
withpW soy preprymed charge under the Nde.
11. Ndker. Aay unties to Borrower provided for is thin St:csvity Itwrumeot shall be giver by detireriag it err by mailing
K by lost elan mail uekas appGtablr law raquirw user of soother mabod. The adiee shall be d"trr:aed to the Property
Addrtas err cry other address Borrower desitpsatea by notice to Leader. Any odic to Lender shall be giver by foal class
mail to Leeds : ~.ddresa sated herein or soy fiber ttddreu Leader desigaatea by notice to Borrower. Any ration provided
for io this Secuity lrstrumed sba116e deemed to Gave been giver w Batower a Lender whoa giver as provided fa this
Pa-tdyap~
IS. Coreroing lJw; SevenWBq. This Settuity 1~~~»~--nt shall be gorerred by fedora law rrd the Irw of the
jurisdictioe io which the Properlyta located. Io the evem that any prpvisioe tx Blame of thin ,Security Ittslrnrneol or the
Note toofticts with applicable law, sorb evollia shall as altos fiber provisions of the Security Ittstrumert a the Nola
which car 6e given eftea wahrnrt the eoolliaiag provision. 7o this cad the prtzvisivm of ibis Security Inslument and the
Nae ue declved to be severable.
lL Borrowers Copy. Bonower shall be giver one evrlwmed copy of the Nole and of this Seewity Instrumed.
ly. Tnasfer of the Properly or r BereBalrl Irteresl Ir Borrower, if all a any pan of the Property or cry ieterest b it
is sold err uarsfened (tx J a berefieral interest it Borrower is sold or transferred and Borrower u rot a aalwil person)
without Leaders prior written tvrtrent, Isnder may, at its option, require immediate paymew it fuB of all sums scoured by
this Security Instrument However, this option shall od be eaerciud by lender if tatetcise a pr•~bibited by federal law as of
the date of this Secwity Inurumetrt
If Lender esartisea this option, Leader shall give Borrower traits of atcekration. The: odice shall provide a period of
not ku than 30 days Gom the dale the notice is delivered or mailed within which Borrower mus! pay all sums secured by
this 5ecuriry Irstrumem_ If &,nower faits to pay these sums prior to the espiratier of this period, Larder may invoke soy
remedies permitted by this Security lostrumeot vrilhout further notice err demand or Borrower,
IL Borrerver's Right to lielnslat~ If Borrower meeu certain eond'aions, Borrower shag have the right to haver
eoforrxment of this Security lastrumeru diaeoatirued M cry time prior to the colter of: (a) S days (or such ahu period as
applicable law may specify for reiostatemem) before sale of the Property purstram to soy power of sale eonuired in this
5eeurity lestrumeol; or (b) entry a[ a judgment enforcing this Security Hurument. Those eorditions ue that Bo: rower, (a)
pays Letwkr all soma which then would be due under this 5ecuriry Instrument and the Ne+te as J ao acceleration oetuned;
(b) cures soy defauh of soy other wveaartts or agreements; (r) pays all e:pemes iatttrred in enforcing this 5eeurity
Instrument, including, but cwt limited to, rcawoable ntorreys' fees; and (d) okra such adios u Lender may reasonably
requue to assure that the Goo of this Security lostrttmeot, Larder's rights b the Property and Borrowers obligation to pay
the sums secured dY ibis Security Instrumerl shall tootinue unchanged. Upon reirstuemert by Borrower, this Security
Ituuumeot and the obGgatiors secsyed hereby shall remain fatly elfeaive n if no aaekruior bad occurred. However, this
right tv re'tastate shall rot apply it lbe ease of acederatior under puagrapb 17.
19, Sok of Noll Charge of Lear Servieer. The Nde or r purist interest ie the Nde (together with this Security
Itstrument) may be soW ore or more times without prior notice to 8orrawer. A sale may result b a change in the entity
(known rs the 'I.oao Servicei) that wlleas monthly paymeru due under the: Nde and this 5eturiry Instrument There also
may be one or more changes of the Loan $etvicer uarel>Ied to a sale of the Nde. If there is a change o(the Loan 5ervicer,
Borrower will be given written suttee of the change it accordance with paragraph 14 above and applicable law, The rotiee
will state the name and address of the new Loan 5ervicer and the addreu to which payments should be made- The Waite
wiG also contain any fiber information required by applicable law.
20. Ilarardoua Substroces. Borrower shall not erase tx permit the presence, use, disposal, storage, or releaser of any
Hazardous Substance on or it the Property. Borrower shat rot do, nor illow anyone else to do, anything aftcaing the
Property that is in violation of any Environmental Law. The preceding two uotences shall not apply to the presence, use, of
storage on the Property of small quantities of liarardous Subslanees that are generally recognized to be appropriate to
normil reaidertiil uxs and to msiaterance of the Property.
Bom+wer shall promptly give Lender written Waits of any inreatigatioa, claim, demand, lawsuit or other action by any
gorernmentil or regulatory agenry or private party involving the Property sad any Hazardous Subsume or F~tvironmemal
Law of which 8ortower has actual knowledge. If Bonower leartt>r or u Waited b1' any goveromentil or regulatory
authority, that any removal or aher remediatioe of any ltarardous Subslaaa affecting the Propc:ty is aetcs+ary, Bonowcr
shall promptly lake ill necessary remedial attipns in accordance with Emirtmmental l.aw.
As used in this puagraph 2p, 'Hazudous Subsuoces' are those substances defined as to:oc err hazardous aubslances by
Ervironmertil Law and the following substances: gasoline, kerosine, fiber flammable or force petroleum products. large
pesticides and 6crbisidea, volatile aolvent~ materials codaining asbestos or formaldehyde, and radioactive materials. As
used in this paragraph 20, 'Erv"vonmeeu! law/ means federal laws and laws of the jursidictior where the Property v
located that relate to health, safety or eavironmertal protection.
(FgCr 4 .,f 6 pnsrl t
~': ? ()(1:11;13
1~ FAMILY RIDER
l~signment o[ Rents
THI$ 1.4 FAMILY RIDER is made this 22nd day of 5~pte~er 1993 ,and is
iaeorporaled into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the
'Security Ittsvttmeat') of the same date given by the undersigned (the 'Borrower) to secure Borrowers Nde to
WASHING70N FEDERAL. SAYINGS (the 'Leader') of the same date and covering the Property destrt~ed is the
Security ltutrument and located at:
1050 w'. Kin svwod Court, Steridian, Idaho 83642
ropcrry weerar
1~ FA!NILY CO~T:NANTS. to addition to the covenants and agreements made io the Security Irutrumeoy Bor-ower
and Leader fwther covenant and a®ce ss fopows:
A. ADDITIONAL PROPERTI' SUBJECT TO THE SECURITY INSTRU'.-fEhT. !n addition to the Property
described in the Security Instrument, the following items are added to the Property deseriptiog and shall also constitute
the Property covered by Dee Security Instrument: building materials, appliances and geode of every nature whatsoever
vow or hereafter looted in, oa or used, a intended to be ,..rd in eonaenioa with the Property, indudirrg, but na
limited te, those for the: purposes of supplying or distributing heating, cooling, eletxticity, gas, water, a'v and frgh4 fire
prevention and extiagttishiag apparuus, security and access control appuattts, plumbing, bath tubs, water heater. wLler
Closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers. dryers, awnips}, storm windows, storm
doors, screens, blinds, abodes, curtains and curtain rods, attached mirrors, cabinets, panelling and attached Moor
coverings now or bere:after attached to the Property, all o(which, including replammeats and additiotss thereat, shall be
deemed to be and remain a part of the Property covered by the Security lastrumettt. All of the foregoing together with
the Property described in the Secwiry Ittstrumenr for the leasehold tuate J the Security Instrument is on a kasebold)
are teferrcd to iv this 1.4 Family Ride:: and the ~rcurity Itturttmeot ay the: "Propertyr.'
B. U5E OF PROPERTY; COAIPLIANCE WITh LAW. Borrower shall na welt, agate to or make a change is the
use of the °toperty or its zoning c:assificatu•n, ueless Lender bss agreed in writing to the change. Borrower shall
comply with all laves, ordinances, regulations and requirements of any governmental body applicable to the Property.
C. SL:80RDINATE LIEN5. Exu^pt ss pertni'ttd by (edcra: law, Borrower shall nd allow any lien inferior to the
Security Instrument to be perfected against the Property withoue Leader's prior wTiuen permission.
D. RE:rT LOSS INSURANCE. Ilonower =ha'I maintain insurance against rent loss iv addition to the other hwrds
frn which inswaace is req_ir;d by Unrform Cs'eoant 5.
E. 'BORRONER'S RIGHT TO RF1N5"fATE• GL:LETED. Uniform Crivenanl 18 u deleted-
F. 8pRR05iT:R'S OCCUPANCY. Unless Lca lee and Bonower otherwise agree in writing, the lust sentence in
Uniform Covenant 6 concerning Borrower's oecupanry cf the Property is deleted- All remaining covcaants and
agreements xt forth is Uniform Covenant 6 shall amain in effect.
G. RSSIGNMENT OF LEASES. Upon Lender's request, Aorrowcr shall assign to lender all leases of the Property
and all security deposits made in eenoectioa with leases of t}~ Propeny. Upon the avsiptment, Lender shall have the
right to modify, extend or tenmiaate the e>ouing leases and to execute new leases in Leader's sole discretion. Ace used in
this paragraph G, [he .brd'leax• shall mean "suSleax• if the Security iawumev: is on a leasehold.
H. AS5IGNME. T OF RENTS; APPOINTMENT OF RECe.1VER; LENDER IN' POSSESSION. Borrawcr
absolutely and uncoe..3itioaally assigns and transfers to Lcadcr all the rents and revenue ("P.ents7 of the Property,
regardless of to whom the Rents of the Property ire payable. Borrower autharires Lender or leader's agents to collect
the Rents, and agrees that Bath tenant of the Property shai pay the Reams to Lcndcr or Lenders agents. However,
Barrew•er shall receive the Rents until (;) Leader has given Parrower notice of default pursuant to paragraph 21 of the
Security lnctrument and (u) Lender has given notice to the tenant(s) that the Rents are to be paid to Leader or Leader's
agent. 7"his assignment of Rents wtutitutes an absolute assignment and ad an assignment for additional security only.
MULTISTATE 1J FAMIt~' RIDER • Fannie Mae FraOd~a Mat Under lnmument Form 317Q LOtrl-TttS/t7~92
Iporr 1 r~' parry i
~ ~~
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41ess
,e (( j
ured
'Ibe
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ulrld
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yr Its
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grade
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Bated
~h this
d sad
-ter
umenl
R Lt.eder giros notice of breacJV to Hdnotvs7: (7 all Remy ttxeired by ~iO'"u shall be held by Borrower m trust!!
for tha henefst at Lender oaip, to be applied to the sums waved by the Security Itutrumcat; (N7 Lender shall be
entitled to asllea and ready! aY a[ the Rents of the Propety, (°m~ Borroa*a agrees that each tenant of the Property
sha0 pay a0 Reata dm and unpaid W Llndar a Leaders agew npoa leaders writua demand to the tenant; (ir)
sneers appfieahle hrw provides atherrrine, all Rear aoAeaed by Leader or waders agents shall be applied lust to tha
amts of gldag eaalyd of sad masagiag tha Propestf and wllectiaR the Rents, lace°d1Pg' but ant limited t0. anoraey's
fop. reeeirar's fees premiums a reeeirars 6nods. repair and watoteoaoce casts, insurance premium; lase,`
aratessmeab and othp eLargea ort the Property, sad then to the same secured b~the ~etY Re°s<n'm~uaAr received;
Leaders agents ar nap jndioally appalled receiver shall be fubk to aoeaual tmly y
and (n7 leads` shall be entitled W bare a receiver appointed to talc! peesessioy of and manage the Property and
ao>>ea the Karats and pralits do`l`ed from the Property wu6out nay sbaw"°i as to the inadegwq of the Property as
may' nnotrol of and man the Pro and
u the Rants of the Prope+ty are sat sufGdeat eo corer the costs d gkirtg ~g P<m
a/.ios.rbe Rents nay toads expended by Leade: for such parposes shall became indebtedness of Bnrrnwr•. r~
leads statared by the Seavity lnstntmast pmsuam to LJoi[txm Covenant 7.
~a~ reprglpti apd ~~ ~ Barrawer bas ant e><ecvted nap prior assignment o[ the Roots and has ant
and vrill nd perform nay zd that would prevent lender Gom eserpising its rights wader this puagraph.
Leads, or Lenders agents a a judicially appointed reaiiver; shall not be required to enter upon, take conuol of. or
maiagia the propert7, before a abet giriag ooticc of default to 8orrawer. However, Leader, or Lender's agenn or a
judiaaily appointed receiver, may do so st sop time when a default occurs. Any application of Rents shall not cure or
naive soy default a invalidate nay other right a remedy of Leadu. This usigomeot o[ Rents of the Property shall
terminate whce all the sums stcured by the Security Imtrumeot ue paid in [cll.
1. GR06S-DEFALJL'f PROVISION. Borrowers default or breach under soy note or agreement in which Leader
~ >o interest shay 6e a txeat6 coder the 5eeurity Instrument and Leader may invoke any of the remedies permitted
by the Security instrument.
BY SIGNING BELOW. Borrower accepts and agrees to the terror sad provision cootaiaed is thu 1-t Family
Rider.
ck AA. Milne
. a ~ /
. Evans
.~
ICs t by R ti 1 rte
(pap` 2 of 1 pogr:)
1•
if~1U(?U1:15
NUN•UNIFORbI COVENANTS. Borrower and lender fwtber eorerfrt sad spec rala0lrrre
31. Aetekntlowl Rrmedlea. Lnder abap gWe rake w Borrower prior la arerlrrrtlrr f.1lswing earra+rrs"a beeaeb r<
ary eorewrwl N ergretmtrl k this Seerrlly IraWrrerl (brt ra prlrr, le acsekrrliw wdrr prrnpspb 27 rrlw
appUabk law prnidn aherwire). TT,e rakr rha4 :peelfyr (r) the defturlk lW Ibe treltar ~ w ere Ibe ddsrh;
(tl • dsler rM kas that 30 dap tram the date !be rake b glrer la Ilanrrer. by wbldl ~s.defarll marl be erred= rrd (~
Ibrl fwlture la ewe lbe dehull a or berate lbe dak rpeeilkd h the rotke my rearll W aeadaakr arthe scant seemed
by Ibis Srcrrlly INlntwent and pk ar the Mperty al prblk rretlar al a date rM iw Ibtw 120 dbys w Ibe MNrr. TTa
taller shall hribte brrara Berrewer or the ri;bl to telaslale titer rr+eeknllwr the rlghl Ia kirg w eatrrl aclior w assert
Iba wtw~rlslerer of r derarll w sty Aber dererse of Rarrarrtr w aetekrallar acrd sale; and tmy alber Hailers re~rked
w 6r Irelyded Ir the rotke y appliobk brw. U tMe dtrsrlt Ir wa erred or M berme Ibe door npedued la ebe raleer
Lewder w IV rplkr may regrire Immrdlak psy~eat la hN d aq stmt reirrrd h tbb Orerrlty Iwlraws.t +nflborl
hrtber Jenard sad ssay laroke the power ar oak swd ny abrr remedies pumltted dt appllabk brw Lewder shop tre
ewlUkd w ealleel all espearet laearred Iw prrsrlag tht rrmedlea prarlded a tick paraprpb 21r hdailag, brl rM limned
la, se,ratrrrble wllaneys' fens wd costa or tllk erlderee.
Y Lewder lrerbw !bt power o<sale, I+trdrr shall glue wrNlq wales to Tnslee rr Ibe aetrrsaoe r<w ererl of deGrh
and of Larder's t2eetlsr is awe !be PrapeAy Ir br sold. Trtnlee rrd Leader shall IaAe sreh edict regatdbrg rake ar
stile rd aba8 tt~ rreb walkw w 1!a'rwrss and la abet persara as wppllabk law ~ crtpdre. Arlrr the Ibwe regrlrxd
y applkrbk bw and rder pnbllrallw ar the retke of srle.7lrateq wllberl derrrad rw Aarraner. abaA rill lbe propeNy
rrl prWk arcllor to ue Wgbeal blddu at the time aril pines ud erwder the lerasr dtslganlW Ir the wake of ask lr etre er
~qre parcels aril Ir ray order Trrslee delermlrp. Thralls may pwtpore trde ar Ibe ~1 far • period ar perkda
psrn111N by appllabk law 6y prWk aarorwcemeal at Ibe !lase aril place Ilred Ir Ibe rata ar sale. Lnder tw Ilr
dtalgnee wy prnbase the IYoperiy tl aq wk.
' Trralee shall dellrer le Ibe parebattr Trrslee'r deed <wreylwg t-e property wpbottl erry easauml K warrawlrr
axpresaN or Iwplkd. 71te rreltats Ir 16e TYrstes's Bred aba4 be prtrsr rack erlderee ar tbt trrth of tie atateaaq male
Iberelr. T}aater rball apply lbe proceedr of the yak h lbe falla+r{.g order. (a) la all espeww ar fbe ark. Irdtrdiwg, brt
rat Rs11ed to, tewwaable Ttrstee'r sad attorreyr' fecal (b) la rq ecru aecrred y dtk Searfly Irrtrrr.e.l; aril (c) sty
crepe la the perso. ar penaar legacy atitkd l0 11 K /a the ekrb ar the srpedor earn or lbr awnty w ^bkb the oak
loob place.
23. Reeawrelwace. Upon paymea of aU sums seemed by Ibis Seturily Irslrumtr4 Lerch shop requeq Trustee to
reeorvey the Fropeny sad stroll surrender this Seemity Instrumea and ag oars ndderting debt seemed by this S«mily
lastrameat to Trustee. Trustee shall reeonvey the Property .rithaw warranty and wtthoa cbar~ to We pvsaa qr perso.s
legally entilkd to it. Seth person a persons shall pay any reeordatiaw casts.
2]. Srbsutale Trustee. In aemrdaate with appGesbk law, i.eader may Gorw time to time appoirl a wausm uuslee to
say Trustee appoiaed hereunder wha bas oeased tr ad. Without eowreysnte of 16e Prvputy, the sracessor uuuoe shop
weeeed to all the tnle, power sad dries aarrferred npar Trustee herein sad b7 appGeabk Tarr,
3t. Area word Conlin or heputy. Eithu the Propaly.ia not mac: tbra twealy oats io area a the Property is locrled
within tai ioearporaled city or v5lsge.
2S. Riders to lbla Seerrlty Imtramen4 If true a mac riders are executed by Barrorrer aril reeprded logdher with this
5ecwity ItWrumeat, the: coretwttr aril apeemeals of each such ride/ :ball bt ireiorporsled into sad shay amend and
wppknenl the eoversnts p~ igftxmeals of l6~ Seewily lastrumeal b J the ride(s) were a part of this Security
Instrument. (C6tck applicable box(es)) ~
- ~;
QCar~o`i6ituum Ride ®1~ Family R'rdu
QPknred Unit Deeeb{rmeat Rider QOther(s) ~apet+Fj~
BY SIGNING BELOW, Borrowu aeeepls sad agree to the teens and cove sired in this Setarity Instrument
and ie any rider e led by Borrower sad recorded with it.
1~ ..~ ~
Jack h1. hti Inc CI vans
Kathy R: 6G lrie:•
.;.
t _ -' -
- i, ' - }
~ ~• ~
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(Over for oaary acknow•letlgemenis) ~~s
~rv~r~ r
1~l000i716
. '`~,.r
~'~~ STATE CF 11iP~511IPGiL7V )
) Ss.
CO.MY CF )
CTt this ~h day of 5eptm'ber, 1993, before me, the undersigned, personally
appeared JPCK hl. ~tILNE and KA'[HY R. Mll,l~, known or idmt i t ied to rte to be the
persons whose Hates are subscribed to the within instrurcnt, and acknowledged to me
that they exr ara.
^ ~ •. Notary Ire ~n or t e rate oT~ash~ngton
~iaU~r * Residing at
h1y cmmission expr es
* `Ptl94~~d?.==
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57vr ~lE CF WASM IN:,TCN )
1, ) ss.
CL7.IYfY CF VI..iG_ )
~~++ ~h' ~ day of 5epte3rber, 1993, before rre, the undersigned, personally
appear'~b Q. EVM6, known or identified to me to be the person whose nanr is
subscribed to the within instrument, and acknowledged to me that he executed the
sate .
~~• ~'ti. Notary blic in an or the fate of Washington
~qy,~~' Residing at
=a rry cmmission expires
tr PU64~ p°b~C
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~ V
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and
the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of
Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaha, at the hour of 7:30 p.m., on September 13, 1994, for the purpose of
reviewing and considering the Application of JudithSchance, for an Accessory Use Permit
for land located on Lot 2, 61ock 2, Misty Meadows No. 1, Meridian, Ada County, Idaho,
and which property is generally located on 1050 W. Kingswood Court. The Application
requests an Accessory Use Permit to operate a Family Day Care.
A more particular legal description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during
regular business hours.
A copy of the Applicatian is available upon request. Any and all interested persans
shall be heard at said public hearing and the public is welcome and invited to submit
testimony.
Dated this 22nd day of August, 1994.
~~~
WILLIAM G. BERG, JR., CITY CLERK
Meridian Planning S~ Zoning Commission
September 13, 1994
Page 8
that were identified by the developer this evening.
Shearer: Second
Johnson: Moved and seconded that we pass a favorable recommendation onto the city
Council on this preliminary plat for the hollows, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #5: PUBLIC HEARING: ACCESSORY USE PERMIT FOR A FAMILY DAY CARE
BY JUDITH SCHANCE:
Johnson: I will now open the public hearing, is either Judith or a representative here to
address the Commission.
Judith Schance, 1050 W. Kingswood Court, was sworn by the City Attorney.
Schance: What I want to do is open a family day care at this address. What I planned on
doing was having up to, I wouldn't think about 3 or 4 children to take care of. The family
day care allows 5 children or less. This is what I was planning on doing. I also said that
if I was allowed to do this I would put a fence in between the 2 properties just so it would
contain the children in the back yard.
Johnson: Is there anything else?
Schance: Not that I know of.
Johnson: Any questions of the applicant?
Rountree: What age group are you looking at?
Schance: Up to 4 years.
Rountree: Infant to 4 years?
Schance: Yes
Alidjani: What hours?
Schance: Probably during the day time, it would probably be from say 6 to approximately
5 or 6. It would depend on the hours the parents had to work.
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September 13, 1994
Page 9
Rountree: Weekends as well?
Schance: No
Rountree: Monday through Friday then?
Schance: Just Monday through Friday.
Johnson: Anyane else have any questions?
Rountree:, Are you currently sitting children there?
Schance: I have one, he is my grand son.
Crookston: Are .you licensed by Health and Welfare at this time?
Schance: Not yet, I thought I would progress you. know, and get a license.
Crookston: But you will?
Schance: I will yes.
Hepper: Would you have any problem being restricted to week days not on weekends?
Schance: No I wouldn't have any problem.
Hepper: Any hours so that you are not baby sitting in the evening ar did you intend on
baby sitting in the evening?
Schance: I didn't plan on it, unless it is my grand son but that is probably, they are a little
unpredictable sometimes.
Johnson: Anyone else? Thank you, this is a public hearing is there someone from the
public that would like to come forward and address the Commission?
Richard Brown, 1035 W. Kingswood Court, was sworn by the City Attorney.
Brown: My wife and 1 discussed it after reading the first letter. I have a question we had
originally, I don't have the original letter, originally I thought that it was a number
something like 12, does the Council have an original letter with the number of children that
it was originally thought to be? I could be wrong I am just asking. I guess what I wanted
Meridian Planning & Zoning Commission
September 13, 1994
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to say is just that my wife and I moved to Meridian and we moved here for a couple of
reasons, one we like the area. And in picking the area that we did in the Misty Meadows
subdivision more specifically the culdesac we moved into, we moved in there to kind of
avoid the mainstream. We wanted to get away from the corner lots, get in a little bit so
there is less traffic. And so my idea is that I am kind of against it because it may increase
our traffic level and at the same time if my wife and I ever decide to sell our home in the
future real estate wise I don't know how large an effect or small an effect that may have
on it. And that is the 2 reasons that my wife and I are opposed to it.
Johnson: Did you submit a letter to the City?
Brown: Yes sir.
Johnson: This is your letter before us.
Brown: I sent a letter to Shari Stiles.
Johnson: Yes we have that in our packets. Now this, correct me if I am wrong Wayne, but
this particular application Accessory is only applicable to 5 or less, is that not true.
Crookston: That is correct.
Johnson: So it couldn't be any more than 5. Thank you very much Mr. Brown. Anyone
else?
Doug Moss, 1055 West Kingswood Court, was sworn by the City Attorney.
Moss: Well, right in our Misty Meadows covenants it says that there will be no business
in the subdivision. I didn't buy my house to have a business run across the street. And I
don't want it across the street. I don't want a bunch of kids in my neighborhood, because
I don't like them. Thank you.
Johnson: Anyone else? Seeing no one then I will close the public hearing at this time.
What would you like to do.
Shearer: I move we have the Attorney prepare findings of fact and conclusions of law on
this project.
Rountree: Second
Johnson: We have a motion and a second to have the City Attorney prepare findings of
Meridian Planning & Zoning Commission
September 13, 1994
Page 11
fact and conclusions of law, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #6: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR WEST ONE BANK:
Johnson: I will now open the public hearing. Is there a representative of West One that
would like to address the Commission on this application?
Scott Wendell, 1221 Shoreline Drive, Boise, was sworn by the City Attorney.
Wendell: We are asking the Board for an appraval on a conditional use permit on a drive
through for the West One bank on Cherry Lane. We have already submitted far the
Planning and Zoning rezone R-$ to an L-0 zone. That was approved earlier an in the year.
So this conditional use is for the drive through only. And we have no problems with the
comments that were listed and sent to us from the Planning ~ Zoning Commission.
Although we have no comments from the City Engineer or the City Planning Director. We
might ask are those ready.
Johnson: Well, they are on record I believe as saying they have no comments. Gary Smith
has a letter, we have in our packet no comment from City Engineer so apparently they
have no problem with it.
Wendell: Well, then we will just ask for approval based upon the comments that we have.
Johnson: Any questions of the applicant?
Rountree: Do you have a layout of the drive through window?
Wendell: We have submitted something and I believe they have it. There is actually no
drive through window per say, it is a (inaudible) delivery system.
Rountree: Would you stick some arrows on this far me please.
Shearer: Which way do they go?
(Discussion Inaudible)
Rountree: They will be travelling it appears through the windows or through the pneumatic
system from West to East no from East to West.