Major, Patricia AUP• CITY OF MERIDIAN
33 East Idaho Street, Meridian, ID 83642
ACCESSORY USF. APPLICATION
APPLICANT: t'f~ ~ i~ ~ tai ~ J , YVl /~ ~(Z. Phone: b~ - ~4rJ - ~70~~
(Owner or holder of valid option)
ADDRESS: 1 ~ y ~ ~,1~ . (~ o~i e, r2 F.~ ~~ ~ ~ ~, IM r Ri ~ ~ ~ ~ ~31~~ ~
GENERAL LOCATION : ~ ~ ~ E (Z ~~ ~'~ L ~1 ~ ~ ~-~';,~ ~~( L i ~ ~Jt~z ~ "".~-r~ _~ ~ ~ r~
LEGAL DESCRIPTION OF PROPERTY (Attach description if lengthy): LOT ~-~"~ ~r/~
~~..~.. K ~-I b~ ~~ ~ 5ua DIV.+'~-;Z~. ~~
PROOF OF OWNERSHIP: Copy of property deed must be attached, with option agreement and
notarized consent of owner if applicant is not legal owner.
SIZE OF PARCEL OR LOT: ~ I I Wp q 5 ZONING CLASSIFICATION: '-t
VICINITY SKETCH: A vicinity map at a scale approved by the City showing property lines,
adjacent uses, streets existing and such other items as the City may require. Also. include a site
plan showing boundaries of property, floor plan of house, area intended for accessory use, and
parking and yard areas.
SURROUNDING PROPERTY OWNERS: Provide a list of names and addresses of all abutting
property owners. Abutting land includes parcels across the street on alleys and kitty corner from
property, including where. a street or alley is between your property and the other property.
(This information is available from the Ada County Assessor. )
DESCRIPTION OF REQUESTED ACCESSORY USE: Fi~~+ L~ { C_ h ~~ ~-- ~ GA-I2 C
. ;~..
~i v~, ~ ~,. ~ C ~ rP. In ~ ~'.. . ~A•1 ra ~ a ,v- P ~ .
FEE: $80.00
2
3.
4.
5
6.
Use made of all abutting lots or parcels: ~ ~ ~t ~~h ~ (1LL
Are there other accessory uses of a similar nature in the area? If so, state the location
and the accessory use: nQO~ E iL-1V0 WN ~' ~
Possible adverse impacts on adjacent property such as noise, tra c, excess light, odor,
etc.: __ V~.~- r~ 1 ~ -~-I P ~I ~ ~A vl,U DD~~~i bl Gt t,-5 P~
..
Do you agree to pay increased sewer, water or trash fees if such are requved due to
increased use? ~f ~`~ ,
I~ the accessory use includes construction of a building on the lot or parcd, complete the
following: n~a
a. Will all parts of the accessory budding be located within the lot or parcel?
b. Is the primary building already constructed?
c. Is the accessory building to be attached to the primary building?
d. Will the accessory building be constructed in the rear yard of the primary
building?
e. Will the accessory building occupy less than 40 % of the required rear yard for the
primary structure?
f. If the answer to the above is no, will the accessory structure be connected to the
primary structure and will both the primary and accessory structure then meet all
yard and court requirements?
g. Does the height of the accessory building exceed 15 feet`l
h. If the lot or parcel is zoned commercial, is any abutting property zoned residential
and, if so, will the accessory use occupy any of the front yard?
If the accessory use is for a Family Child Care Home, complete the follaaring:
:;.. Is a State of Idaho basic day care license required or this type of facility?~
If so, attach a copy of your license.
b. Have you applied for or received an occupancy permit? (UD • ~,,.;~
If so attach a co of our lication or ?'
s ~ PY Y aPP pernut. 7~1,`~?S i~t~~. ~~ ~' `,~',
c. Is one off-street parking space .per employee provided`~~~: ~ . , ~ T- M to u~ .
d. If the home is located on an arterial or collector, is an off-street child pick-up area ~
provided?
e. Is screening of adjacent properties provided? Ll~h
f. Is the play area for the children feed from streets and neighbors? _
If so, what is the fence height and type of construction? ~ ~~. M -t= L~ ~~~~~
c~~ ~~ .
2
• -
7. If the accessory use is for a home occupation, complete the following:
a. Are only family members residing in the principal residence? )g~v
b. _ Is the use of the residence as a home occupation incidental and subordinate to its
use as a residence? '~ ~ .
c. Will the home occupation use more than 25 % of the floor area of the
dwelling? \f ~ . _
d.
e.
f.
g•
h.
i.
Will any item"be off red for sale that is not produced by the dwelling occupants
of the premises
Will mechanical or electrical equipment be install or maintained other than such
as is customarily incidental to domestic use`?
How much traffic will be generated by the occupation?i 5 Gar
Will off-street parking requirements be met? -
Will off-street parking requirements be located m a required front yard?~
Will equipment or processing create noise, vibrations, glare, fumes, odor, or
electrical interference detectable to the normal senses off the Iot?
Will the appearance of the residence be altered or the occupation be conducted in
a manner which would cause the premises to differ from its residential character
in the use of construction, lighting, signs and in the emission of noise, fumes,
odors, vibrations or electrical interference? D
I hereby certify that the information contained herein is true and correct.
STATE OF IDAHO )
County of Ada
~--- ~
SIGNATURE: - X11, ,
SOCIAL SE~URITY NO.: SIoS-1 /- 02 6 ~
DATE: /~/ ~~-, .~ a , i ~ ~' ~o
ss.
On this -~~,,~- day of .. , 1996. before me, the undersigned, a Nos.ary
Public in and for said State, personally appeared ,known, or
proved to me, to be the person(s) whose name(s) is (are) subscribed to th ithin instrument, and
acknowledged to me that he/she/they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
for
(SEAL)
My Commission
~~
3
Definitions (from Zoning Ordinance):
Child Care Facility -Any home, structure, or place where nonmedical care, protection,
or supervision is regularly provided to children under fourteen (14) years of age, for
periods less than twenty-four (24) hours per day, while the parents or guardians are not
on the premises. There are three (3) types of child care facilities:
Family Child Care Home - A child care facility which provides care for five (5)
or fewer children throughout the day.
2. Group Child Care Home - A child care facility which provides care for six (b) to
twelve (12) children throughout the day.
3. Child Care Center - A child care facility which provides care for more than
twelve (12) children throughout the day.
It should be noted that, in determining the type of child care facility that is being
operated, the total number of children cared for during the day and not the number of
children at the facility at any one time is determinative. (Ord. 49b, 9-b-88)
Home Occupation Urban and Ru_rai - ~„y gainful operation, profession or craft, which
is customarily incidental to or carried on in a dwelling place, and wherein the use is
clearly incidental and secondary to the use of the structure for dwelling purposes.
•
2-410 D ACCESSORY USE PROVISIONS
A~ccessorX Use Review Proce t -The Zoning Administrator shall make the initial
determination as to whether a building, structure or use is accessory to a principal
permitted use, and may issue zoning certificates for those which are determined
to be accessory and which otherwise comply with this Section.
a. The accessory determination shall be based upon the relationship of the
building, structure or use to the principal permitted use. Specifically, it
must be habitually or commonly established as reasonably incidental to the
principal permitted use and located and conducted on the same premises
as the principal permitted use. In determining whether it is necessary, the
following factors shall be used:
(1) The size of the lot in question;
(2) The nature of the principal permitted use;
(3) The use made of adjacent lots;
(4) The actual incidence of similar use in the area;
(5) The potential for adverse impact on adjacent property; and
(6) The applicant must be the owner of the property under
consideration and the user of the accessory use.
b. Family child care homes and home occupations may be considered to be
permissible accessory uses in the R-4 and R-8 Residential Districts if they
are approved after applying the following additional review procedures and
the applicable accessory use standards of Section 11-2-410D2:
(1) Notice of the application shall be mailed by certified return receipt
mail to owne-~~s of property which abut th~ external lot or boundary
lines of the property under consideration.
Properties across a street or alley or kitty corner to the subject
property shall be deemed abutting properties. Fifteen (15) days
from the die of publication referenced in paragraph (2) below
shall be allowed for response to said notice.
(2) Notice of the application shall be published in the Valley News for
two (2) consecutive weeks and fifteen (15) days after first
publication shall be allowed for comments.
(3) The applicant shall be required to pay any additional sewer, water
and trash charges or fees, if any are required. (Ord. 496, 9-6-88)
(4) The use shall be considered as a commercial use.
(5) Pay the fee of eighty dollars ($80.00). (Ord. 557, 10-1-91)
(6) If there is an objection to the proposed use filed within the time for
response, a hearing, after notice, shall be held by the Planning and
Zoning Commission, which may grant or deny the application after
making findings of fact. Any aggrieved party may appeal the
decision to the City Council within thirty (30) days of the
Commission's decision and, if not so appealed, the decision shall
be final. (Ord. 496, 9-6-88)
(7) If there are no objections filed within the time for filing the same,
the Zoning Administrator may grant the request. (Ord. 557,
10-1-91)
c. Group child care homes and child care centers are not accessory uses and
are regulated as conditional uses. (See Section 11-2-418 for conditional
use procedures.)
2. Accessory Use Standard -
a. Accessory Building Standards:
(1) All parts of an accessory building shall be located within the lot of
ownership. Where an alley has been vacated, permitted uses may
be located at the centerline of such alley, provided:
(a) Proof of ownership is established;
(b) Disclaimer by the City of any utility easements; and
(c) Written disclaimer by all utility companies waiving use of
the portion of alley to bL improved by a structure.
(2) No accessory building or structure shall be constructed on any lot
prior to the start of construction of the principal building to which
it is accessory.
(3) An accessory building may be erected detached from the principal
building, or it may be connected thereto by a breezeway or similar
structure. No accessory building shall be erected in any required
court, or in any required yard other than a rear yard, except that
where the natural grade of a lot at the front line of the principal
building is such as to result in a driveway having a grade of ten
percent (10%) or greater, a private garage may be erected within
the front yard, but not within. fifteen feet (15') of any street line.
(4) No accessory building or structure shall occupy more than forty
percent (40%) of the area of a required rear yard.
(5) If not in a rear yard, an accessory building shall be connected with
the principal building to which it is accessory, and shall be so
placed as to meet all yard and court requirements for a principal
building including height and other dimensions.
(6) If located in a rear yard, both detached and connected accessory
buildings shall be subject to the requirements set forth in the
following paragraphs:
(a) The height shall not exceed fifteen feet (15');
(b) No detached accessory building shall occupy any portion of
the front yard setback for a lot with anon-residential zone,
if such lot has a common lot line to another lot zoned
residential;
(c) Underground fallout shelters may be located within five feet
(5') of any property line and shall be exempt from
maximum lot coverage requirements;
(d) No part of an accessory building on a corner Iot located
within twenty-five feet (25') of an adjacern residentially
zoned lot (either directly or across an alley) shall be nearer
to such adjacent lot than the least depth of the existing front
yard or required street side yard for a building on such
adjacent lot, nor shall accessory building project into the
side or front yard for the principal building to which it is
accessory;
(e) Coverage of rear yard by accessory buildings shall not
exceed twenh~-five percent (25 %); and
(f) No accessory building or portion thereof located io a
required rear yard shall exceed fifteen feet (15') in height.
b. Family Child Care Home Standards: It is the intent of this provision to
provide for access~y family child care homes which will not adversely
impact surrounding properties due to children's noise, traffic and other
activities, and whicd: are looted 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 and/or building permit;
(3) Provide one off-street parking space per employee, which may be
the driveway to the home;
(4) Provide for child pick-up area located off of arterial or collector
streets;
(5) Provide for screening of adjacent properties to protect children
from adverse impacts and to provide a buffer between properties;
and
(6) Provide for a fence of appropriate height/construction, to enclose
play areas, protecting children from traffic on arterial or collector
streets.
Violation of any of the above conditions shall be cause to revoke a zoning
certificate for a family child care home.
c. Home Occupation Standards: It is the intent of this provision to permit
home occupations in residential dwellings which do not change the
appearance of the residence nor the condition of its residential character.
The following conditions shall apply:
(1) No persons other -than members of the family residing on the
premises shall be engaged in such occupation;
(2) The use of the dwelling unit for the home occupation shall be
clearly incidental and subordinate to its use for residential purposes
by its occupants and not more than twenty-five percent (25 %) of
Boor area of the dwelling unit shall be used in the conduct of the
home occupation;
(3) No article :shall be sold or offered for sale or the premises except
sach as is produced by the occupants on the premises and no = -.
mechanical or electrical equipment shall be installed or maintained -
other than such as is customarily incidental to domestic use;
(4) No significant traffic shall be generated by such home occupation,
and any need for parking generated by the conduct of such home
occupation shall meet the off-street parkng requirements as
specified in this Ordinance and shall not be located in a required
front yard;
(5) No ~nipment or process shall be used in sack home occupation
which creates noise, vibration, glare, fumes, odor, or electrical
interference detectable to the normal senses off the lot if the
occupation is conducted in asingle-family residence or outside the
• •
dwelling unit if conducted in other than asingle-family residence; .
and
(6) In no way shall the appearance of the residence be altered nor the
occupation be conducted in a manner which would cause the
premises to differ from its residential character in the use of
construction, lighting, signs and in the emission of noise, fumes,
odors, vibrations or electrical interference.
Violations of any of the above conditions shall be cause to revoke a zoning
certificate for a home occupation. (Ord. 496, Q-6-8$)
. ,::..
ASSOCIATION MANAGEMENT, INC. Specializing exclusively in homeowners' association management since 1984
RE~~~uE~
December 6, 1996 DEC Q 9 'gg~
Chari Stiles, Zoning Administrator ~.r`t~` ~ ~~~
Planning and Zoning Department
City of Meridian
33 E Idaho Street
Meridian, Idaho 83642
Dear Chari,
On behalf of the Board of Directors of Crystal Springs Homeowners
Association, Inc., I am writing in regard to a pending application from
Patricia Maj or to open a day care center at 1940 N Waterfall in Meridian.
The Covenants for the Crystal Springs neighborhood prohibit the operation
of any trade or business or professional activity in the neighborhood.
The Board requests that the application for Patricia's business be denied.
Please contact me if you have questions or wish to discuss this matter.
Sincerely,
Dick B. Miller
President
c: board of directors
~a ~~,
P.O. Box 5714 Boise, Idaho 83705 (208) 385-9650
•
Wayne S. Forrey, ICP
Urban Planner and Development Analyst
3045 Thayen Place Boise, Idaho 83709 Telephone (208) 362-9345
Fax (208) 362-9416
OS December 1996 ~~c~wl~~
Ms. Shari L. Stiles
Zoning Administrator
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Dear Ms. Stiles:
:I~ ~~ fi~s'~Y~'1IL3+,
I am writing to support the Application of Patricia Major for an Accessory Use Permit for the
operation of a Family Child Care out of her home at 1940 N. Waterfall Ave. With new businesses
coming to Meridian, it is necessary to have quality affordable child care available. Please approve this
application!
Respectfully,
W ~~
Wayne S. Forrey, AICP
cc Fatricia Major
•
December 5, 1996
Shari Stiles
Zoning Administrator
City of Meridian
33 East Idaho Street
Meridian ID 83642
=~~~v
:~~~ ~~_ ~~~Ifat~~;
Re: Zoning~ermit for 1940 N. Waterfall, Meridian, ID 83642
Dear Ms. Stiles:
As of this date, I have not received a notice from the city, but it is my
understanding that a request has been made by Patricia Manor that a permit be
issued for a daycare center at 1940 N. Waterfall. My house is directly behind
this location and I object strenuously! Not only do the Crystal Springs
Homeowners Covenants prohibit a business being run from that location, the
value of my home would drop drastically! I just moved into my home at 1959 N.
Rainycreek Place last Spring, and one of the reasons I chose this location was
because of the quiet neighborhood that would afford me privacy and a location
that would appreciate in value, not depreciate!
If you have any questions please call me at work M-F (776-7506), or evenings
and weekends at home (887-0877.)
Regar s,
Virginia G. Bernhardt
1959 N. Rainycreek Place
Meridian, ID 83642
cc: Board of Directors, Crystal Springs Homeowners Association
Kent Nelson, Attorney at Law
•
5~
~~CE1~~~
December 2, 1996
Shari Stiles
Zoning/City of Meridian
33 East Idaho Street
Meridian Id 83642
Deaz Ms. Stiles:
Regarding application for Child care operation in the home of Patricia Major (1940 N.
Waterfall Ave -Crystal Springs Subdivision), I am sending you a copy of Article II, General
Covenants, Conditions, and Restrictions for Crystal Springs Subdivision which states:
No lot shall be used except for residential purposes, and no lot or the common Area shall be used
for the conduct of any trade or business or professional activity.
Isn't Ms. Major going against these covenants and conditions by applying for a child care permit
in the Crystal Springs Subdivision?
Sin rely,
~0. ,~~~
~~~,T~ir ~c s. HarveyY,. Campbell
196-1~1 Waterfall Ave
Meridian Id 83642
(208) 888-1366
,.
,,-
tN~E~~~
~26~672
/'?aX f~ .
RECORDER BY~,O~
FIRST AMENDMENT~92 6CT S fl~l 8 12 2.~S~~~p~~5
70 THE
DECLARATION OF COVENANTS. CONDITIONS AND RESTRIC?IONS MAhE~ h4~
FOR TMIS DOC'JMEidT COPY lS FURi11JRED F~5 Aid
_ _ ONE SUBDIVISION ACCOMMODATIpN' THE CpTOAN~TS EFFECT,
AS
PHASES 1 AND 2 REPRESENTATIONS
~ COMPLETENESS OR ANY p~RO[~i
- - SUFFICIENCY,
MATTERS T RED ~c,,FIOULD YOU HAVE QUESi'Ot~S
Ep~TNE ~#~T pR IMPACT, YOU SHOULD
.This First Amendment to the Dec Fat ~~~~E~C9UNSEL
'ons and Restrictions fo~ ~ [JfI s
Covenants, Conditi is ma~e effective this
Phases l and 2. (the "Declaration"),
10th day of September. 1992.
R E C I T_A L S
This First Amendment to the Declaration is made
with reference to the following:
On September 19. officialerecordsaofoAdaaCounty~ded
as Instrument No/9152521,
Idaho.. ..
The real property covered by the Declaration is
described as: Lots 1-lfVISIONkPhasestl and72.Block 3; Lot 1-
13, Block 4 of ONE SUBDI
On March 5, 1992. the Declaration vas .supplemented
by the .Supplement al.De~laration.of Covenantrecordedtasns. and
Restrictions for One S~ibdivision, Phase 2.
.Instrument N,f 9213400. official records of Ada County. Idaho.
The purpose of this Supplemental Declaration aas to annex the
to the property covered by the Declaration.
Phase 2 Property
and to include the owners of Phase 2 lots in the Associat on.
On .June 17, 1992, a meeting of the members of the
Crystal Springs Homeowner's Associatpas lOS.hthe.numbernofber
of votes. at the time of-._the .meeting .and ~ he number.
votes cast;in '.favor.of he °~amendment :vas.. 72'Thus;~=more than ~_.
of votes `cast against the amendment <vas '0. .. , -
two-.thirds of -the~Ownei s~ of the' Lots covered by the
Declaration approved this Amendment.`
Nov, .therefore. from and after the.dat~ this Second
Amendment to the Declaration-is recoclatationhis~herebyl
records of Ada County. :Idaho, The De -
amended as follows:.
. ~ ~~• 13~0~0'79`0 .
or system, or other improvement or object, whether:pt rmanent y
or temporary. which. is erected, constructed or placeQ:upon,
under or in any portion of the Propertys including. but not
;;~. limited to buildings, fences, streets. drives. driveways,
cidewelks, curbs, landscaping, signs. lights, mailboxes, -
~' electrical lines, pipes, pumps, ditches, waterways, swisming
pools end other recreational facilities and fixtures of any
kind whatsoever.
1.15 "Lot" shall mean and refer to a Building Lot.
F
1.16 "Hember" shall mean each parson or entity holding
s:, a membership in the Association. `=
'
'~' E ~
~.
1.17 "Hortgage" ^hall mean and rotor to any mortgage or
~. _ deed to trust and "Mortgagee' shall referito the ^ortgage~, ~ -=
or beneficiary under a deed o! trust, end'"Mortgagor"shall
t
~
':
rater to the mortgagor, or grantor of a deed o! trus ~
:~'- -_ •:
``'`4
~; ;,
1.18 "Owner" shall mean and refer to the record'Own~r,
_~ ~
~;~ ~, whether one or more persons or entities, o! a fee simple ~~',`~
;;; ~
` title ~to any Lot~whioh is a part of the Properties, lnaludinq
contract sellers, but excluding those having such interest -
~~~.
~
;
~
merely as security Lor the performance o! an obligation. .
' ~_
'
.
,
. ;
i,
.1 1.19 "Plat" shall mean the recorded Plat of ONC ~ ~.
?~'
` SUBDIVISION I1 and the recorded Plat of any other Properties ~*:.
~~ annexed hereto. ~,
• 1.20 ""Properties" or "Property" shall moan and refer ~:
' ~ to the real property herainbefora dasaribad, and such ''
additions thereto as may hereafter be annexed and brought ~;:
) within the ooverage of Chia deolaration as sore particularly '
provided for herein, ~.
i,21 "dot leak" Beans the minimua distance established
by law between the dwelling unit or other structure referred
to and a given street, road or Lot line.
u:`~.
, 1.22 "Unit" shall mean one residence which shall be
4 situated upon a Lot.
a
'~"
~" l1RTICLE ~j,
e~;
C
t GENERAL ~,OVENl1NTS. CONDITION3 ~fQ RESTR
ICTIONS
.' ~ 8uildina Tvoe• No Lot
2.1 Land jjp~
~p shall be used
?r;, ,
,
except for residential purposes. and no Lot os the Common
' Area shall be used !or the conduct o! any trad e or business
~~' or psolessionsl activity. Notwithstanding the foregoing. the
=~~
.~' Board may, in its diaceetion and upon request by an Owner,
.;,= allow an Ownes to aonduot a "garage sale" upon suoh Owner's
~_; Lot,
No improvements shall be created, altered, planed or
permitted to remain on any Lot other than one designed;to
~. •oaommod.te no more than one (i) single-family reaiden0lal
dwelling, ~
`
' ~{
{.
~ '^
'. ,~ 2.i,1 Siee APllt ls
val an4
~ two (; Ntory
units sAa1l
tCav pot liss than i~ O.sQuar a loot o!
• ' ;..
c. ---nwt +nmMV7ETAM n1{f!T,AP. TTf1N ~ -1
r~ - ..~s~.. :.
~C. ~
...-.... R •
..;
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•
December 2, 1996
Shari Stiles
Zoning Administrator
City of Meridian
33 E Idaho Street
Meridian Id 83642
Deaz Ms. Stiles:
u
We are responding to a notice we received regarding a child care operation in the home
of Patricia Major, 1940 N Waterfall Ave. Since Ms. Major's home is across the street from our
home it is possible we could be affected by this operation in a negative manner.
Our main concern is the affect a child care operation would have on the salability of our
home sometime in the future. We have questions we need answered before we would feel
comfortable going along with this proposal.
Why would Ms. Major need employee pazking and how many employees would she hire?
How many children will be taken into the home? Will lots of toys be strung around the front
yazd and would there be an increase in traffic (our street is already too busy)? Will the structure
of the home be altered in any way? Will a sign be put up on the house or in the yazd to
advertise? What percentage of the home will be used for child care? We live in a residential
area, would this change the zoning so other businesses would pop up?
Until we are reassured our property value will not decrease due to the presence of a child
care center, put us down as objecting. Upon receiving this notice, I called Laurel at
Intermountain Mortgage Company to get an expert opinion She said, depending on the
circumstances, this could affect the salability and perhaps even the value of our home.
Harvey L. Campbell
Mall Ave
Meridian Id 83642
(208) 888-1366
• •
December 4, 1996 ~~~~1V~~
Shari Stiles DEC 0 5 1996
Zoning Administration
City of Meridian ;ITY OF ~ERIDIt19~r
33 East Idaho street
Meridian, ID 83642
Re: Zoning permit for 1940 N. Waterfall, Patricia Manor applicant
Dear Ms. Stiles:
This letter is being written in response to the application for the above zoning permit. We
were extremely disturbed that we were not even notified that an application for a place of
commercial business was being considered for our subdivision. We are opposed to a
commercial business located in a residential neighborhood for the following reasons:
1. Increase safety risk due to additional traffic and more children in an already busy
intersection.
2. A commercial business located in close proximity to residential real estate has a
considerable negative impact on property values.
3. CC & R's clearly indicate no commercial businesses are to operate from single family
dwellings.
4. Excessive noise will undoubtedly result in violating the peace and tranquillity of the
neighborhood. Thus, the quality of life for the residents will be adversely impacted -
resulting in lower property values.
5. A daycare center (i.e.: appearance) located in the midst of a subdivision would
considerably change the character of that subdivision for the worse.
Please be advised we strongly oppose this application.
Regards:
~~-
~°'''~~'
Paula Sciortino
Richard Barnabo
1905 N. Rainycreek Place
Meridian, ID 83642
•
To Whom i# May Concern,
~'lrG~rv~~.~
pEC 1 1 1996
:A`M'Y ~~ V1~RlC~~~''
December 9 , 1996
We have been recently informed that a neighbor living at the following address,
1940 N. Waterfall Ave., is Curren#ly trying to change her residence into a daycare
facility.
It is one thing to run a business from your home, but it is entirely a different
matter when it affects the quality of life for those of us that like to five here away from
business'. This particular type of business will cause unnecessary traffic on an
already busy road. Since this is a house and not a center, the children that possibly
would attend would be put at a tremendous risk in regards to the area that is said to be
converted to care for them, i.e., the garage. Then there comes the subject of where
these children are to play and who will supervise them while they play. A yard is
designed #o accompany two or three children per family, not multiple amounts
children who are then forced into the front yard, street or even the neighbors yards.
This venture on these people's pant has not been adequately researched, nor
the neighborhood's feelings on this matter. This is a neighborhood that we would like
to call home, we don't live in a business neighborhood with people coming in at all
hours of the day and night.
I would hope that you take it upon yourselves to inform these people that this is
not permitted and according to the department of Health and Welfare you can not care
for children in a garage.
Caring for children in your own home is not illegal, but licensing and a proper
facility that has been inspected by Health and Wel#are is.
Sincerely,
v~~~
Rick and Georgiana Elliott /owners Bright
Beginnings Learning Center
1903 N. Waterfall Ave.
Meridian, ID 83642
cc: Department of Health and Welfare
TO: Shari Stiles
Zoning Administrator
City of Meridian
33 East Idaho Street
Meridian, Idaho 83642
FROM: Steven & Celia Baasch
1995 N. Nyborg Way
Meridian, Idaho 83642
Ms. Stiles,
I
DEC 1 1 199
°~` I'a~ P;~~713~i;~,
December 4, 1996
As a homeowner in Crystal Springs subdivision, I am appalled at the request of Ms. Major to
operate a Child Care business in our neighborhood. I can't believe the city would entertain the issue of
running a Child Care business in our "RESIDENTIAL" subdivision. If Ms. Patricia Major wishes to open
and operate a business, I suggest that she seek property in a commercially zoned area of Meridian.
Everyone that owns a home in Crystal Springs received the covenants that clearly state NO ONE WILL
OPERATE A BUSINESS OUT OF THEIR HOME, also, we don't need to add to the existing traffic
problem in the neighborhood. We didn't pay the kind of money for our home to live in a business district. If
this is allowed, what next? some will want to turn their garage into a beauty salon or even a car repair shop,
where do we draw the line! I refuse to have the value and resale potential of my home to go down because
one person wants to buck the system and its rules.
MY ANSWER TO THE CITY OF MERIDIAN IS TO DENY THIS APPLICATION!!!!
~~
Steven W. Baasch
~~CEIV~~
DECD 5 1996
December 4, 1996
:iTY 01~ +AERIDIq~+
Shari Stiles
Zoning Administrator
City Of Meridian
33 East Idaho Street
Meridian, ID 83642
Re: Zoning permit for 1940 N. Waterfall, Patricia Manor applicant
Shari,
This letter is our response to a letter we received from you on
niovember 29, 1996.
We wish to object to this permit being issued. We have several
reasons for this objection:
1. The Crystal Springs Homeowners Covenants state there is to
be no business run from the dwellings.
2. We did not buy a $132,000.00 house to be located next to a
daycare. If we did, we would have bought on Fairview Ave.
3. There was no mention of how many children are to be attending
this daycare, what hours, etc.
4. Traffic is bad enough already on Waterfall without having
extra from other-areas of town.
Please be advised the Board of Directors from the Crystal Springs
Homeowners Association will be following up on this objection also.
Sincerely,
Jim White
Lori White
1918 N. Waterfall Ave.
Meridian, ID 83642
• i
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•
State of Idaho
LOAN NO. 1172.30
•
(Space Above Thls Une For Recording Data]
DEED OF TRUST
THIS DEED OF TRUST ("Security Instrument") is made on
The Grantor is MATTHEW VERDUN, AN UNMARRIED PERSON
("Borrower"). The trustee is FIRST AMERICAN TITLE
FHA Case No.
121-1577198-729
November 15, 1996
7311 POTOMAC DR., BOISE, ID 83704
('Trustee"). The beneficiary is REPUBLIC MORTGAGE CORP. , A UTAH CORPORATION
,which is
organized and existing under the laws of UTAH ,and
whose address is 921 S. ORCHARD, SUITE A, BOISE, ID 83705
("Lender"). Borrower owes Lender the principal sum of
One Hundred Nine Thousand One Hundred Dollars and Zero Cents
Dollars (U.S. $ 109,100.00 ).
This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which
provides for monthly payments, with the full debt, if not paid earlier, due and payable on
December 1, 2026 .This Security Instrument secures to Lender: (a) the repayment of the debt
evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the
payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this
FHA Idaho Deed of Trust - 4/86 Page ~ of a
ELF-4R(ID) (seoa) ELECTRONIC LASER FORMS, uVC. - (soot 327-o5a5 Inala~s:
.,_
~J
LOAN NO. 1172.30
•
Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security
Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to the Trustee, in
trust, with power of sale, the following described property located in
ADA County, Idaho:
LOT 29 IN BLOCK 4 OF ONE SUBDIVISION N0. 3, ACCORDING TO THE OFFICIAL PLAT
THEREOF, FILED IN BOOK 60 OF PLATS AT PAGE 6019 AND 6020, OFFICIAL RECORDS
OF ADA COUNTY, IDAHO.
which has the address of 1940 N. WATERFALL AVE,
MERIDIAN [street, City],
Idaho 83642 [Zp Code] ("Property Address");
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall
also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as
the "Property."
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the
right to grant and convey the Property and that the Property is unencumbered, except for encumbrances
of record. Borrower warrants and will defend generally the title to the Property against all claims and
demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
Borrower and Lender covenant and agree as follows:
UNIFORM COVENANTS.
1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of,
and interest on, the debt evidenced by the Note and late charges due under the Note.
2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each
monthly payment, together with the principal and- interest as set forth in the Note and any late charges, a
sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold
payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In
any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and
FHA Case No. 121-157719$ _ 7 29 ~ - "
ELF-4R(ID) ~ssoa) Page 2 of a inniais: `-
.,
•
November 21, 1996
City of Meridian
Attn: Dean Ehlert
Code Enforcement Officer
Planning & Zoning
33 East Idaho
Meridian, Idaho 83642
RE: IN-HOME DAY CARE
Dear Mr. Ehlert:
C~
I, Matthew A. Verdun, give permission to Patricia J. Major co-occupant of 1940 N. Waterfall
Avenue, Meridian, Idaho, 83642 permission to run a in-home DAY CARE from that residence.
If you have any questions feel free to contact me at 208-895-0725.
Sincerely,
V
Matthew A. Verdun
1940 N. Waterfall Avenue
Meridian, Idaho 83642
•
James and Lori White
1918 N. Waterfall Ave.
Meridian, ID 83642
Harvey and Leona Campbell
1965 N. Waterfall Ave.
Meridian, ID 83642
Curtis and Ronda Stokes
1949 N. Waterfall Ave.
Meridian, ID 83642
Lyle and Penny Elsberry
1947 N. Rainy Creek Pl.
Meridian, ID 83642
Virginia G. Bernhardt
1959 N. Rainy Creek Pl.
Meridian, ID 83642
Christopher and Marcia Burton
1967 N. Nyborg Way
Meridian, ID 83642
Steven and Celia Baasch
1995 N. Nyborg Way
Meridian, ID 83642
•
L
NOTICE OF APPLICATION
NOTICE IS HEREBY GIVEN pursuant to the Ordinance of the City of Meridian and
the Laws of the State of Idaho, that Patricia Major ,has filed with the Zoning
Administrator of the City of Meridian an Application for an Accessory Use Permit for the
operation of a Family Child Care out of her home at 1940 N. Waterfall Ave.
Comments, either objecting or approving, said Application must be filed with the Zoning
Administrator within fifteen (15) days after the publication of this notice and shall be
addressed to Shari Stiles, Zoning Administrator, City of Meridian, 33 East Idaho Street,
Meridian, Idaho. If there are objections filed within the time allowed, the Planning and
Zoning Commission shall hold a public hearing on the Application, after proper notice, and
may grant or deny the Application, after making and adopting Findings of Fact and
Conclusions of Law.
The property at 1940 N. Waterfall Ave. is more particularly described
as Lot 29 Block 4 One Subdivision No. 3 ,Meridian, Ada County, Idaho.
Any and all interested persons are welcome and invited to submit comments.
DATED this 27th day of November 1996
SHARI L. STILES, ZONING ADMINISTRATOR
•
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•
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