Prewitt, Phillip AUP1
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CITY OF MERIDIAN
33 East Idaho Street, Meridian, ID 83642
ACCESSORY USE APPLICATION
APPLICANT: PN 1 i. ` t P ~ ~ Plz~c~ , "TT Phone: $$7 ' l 3 ~ Q.
(Owner or holder of valid option)
ADDRESS: ~~ ~ M~P~ 10.U.. 1`~I~K11JI ~1
GENERAL LOCATION: Sou~N o~ ~a~F~i~w l w~ o~ war 3~GoErp ~r
LEGAL DESCRIPTION OF PROPERTY (Attach description if lengthy:
~-dT ~ iN ~Lc~t-K 2 of WeSTERtJ SuCiblV 1 Slvi~
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: ~iX °~~~ ZONING CLASSIFICATION:
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: NOrnE o~p~ L~ ~'ofL
F'QtC-t htr.~ bt~+i~ i-lo~~' i ~ ~f?~-'~c-~.r~ /~ IZ~ ~a tZ
FEE: X80.00
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1. Use made of all abutting lots or parcels: t1oN~
2. Are there other accessory uses of a similar nature in the area? If so, state the location
and the accessory use: f•IuNE
3. Possible adverse impacts on adjacent property such as noise, traffic, excess light, odor,
etc.: NvN~
4. Do you agree to pay increased sewer, water or trash fees if such are required due to
increased use? ~('~
5. If the accessory use includes construction of a building on the lot or parcel, complete the
following:
a. Will all parts of the accessory building 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`I
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?
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`?
6. If the accessory use is for a Family Child Care Home, complete the following:
a. Is a State of Idaho basic day care license required for this type of facility`?
If so, attach a copy of your license.
b. Have you applied for or received an occupancy permit?
If so, attach a copy of your application or permit.
c. Is one off-street parking space per employee provided?
d. If the home is located on an arterial or collector, is anoff-street child pick-up area
provided`?
e. Is screening of adjacent properties provided?
f. Is the play area for the children fenced from streets and neighbors`?
If so, what is the fence height and type of construction?
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7. If the accessory use: is for a home occupation, complete the following:
a. Are only family members residing in the principal residence`? Y~g
b. Is the use of the residence as a home occupation incidental and subordinate to its
use as a residence? YE'S
c. Will the home occupation use more than 25 % of the floor area of the
dwelling? N o
d. Will any item be offered for sale that is not produced by the dwelling occupants
of the premises? PL y
e. Will mechanical or electrical equipment be installed or maintained other than such
as is customarily incidental to domestic use`? l~l o
f. How much traffic will be generated by the occupation? l~lv~.16
g. Will off-street parking requirements be met`? NIA.
h. Will off-street parking requirements be located in a required front yard?~~
i. Will equipment or processing create noise, vibrations, glare, fumes, odor, or
electrical interference detectable to the normal senses off the lot'? Nlo
j. 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? N D
I hereby certify that the information contained herein is true and correct.
STATE OF IDAHO )
County of Ada )
ss.
SIGNATURE: ~ `~--
SOCIAL SECURITY O.: 5 45 ^ ? g - "T rJ le I
DATE: ~~%"~'_TI ~ ~~
On this ~_ day of ~ , 1995, before e, the undersigned, a Notary
Public in and for said State, rersonally apreared ~ - ~ ~ ,known, or
proved to me, to be the person(s) whose name(s) is (are) subscribed to the within 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.
- _ Notary Public f Idaho
Residing at:
(SEAL) ~ " My Commission xpires:
3
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Definitions (from Zoning Ordina_ice):
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 (6) 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. 496, 9-6-88)
Nome Occupation. Urban and Rural -Any 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.
i •
2-410 D ACCESSORY USE PROVISIONS
1. Accessory Use Review Process -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 owners of property which abut the external lot or boundary
lines of the property under consideration.
Properties across a street or alley or kitty comer to the subject
property shall be deemed abutting properties. Fifteen (15) days
from the date 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)
',' ~ •
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(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 I1-2-418 for conditional
use procedures.)
2. Accessory Use Standards -
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 be 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.
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(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, bath 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 comer lot located
within twenty-five feet (25') of an adjacent 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 twenty-five percent (25%); and
(f) No accessory building or portion thereof located in 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 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 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
floor 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 on the premises except
such 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 parking requirements as
specified in this Ordinance and shall not be located in a required
front yard;
(5) No equipment or process shall be used in such 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, 9-6-88)
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~F!CiALS HUB OF TREASURE VALLEY couNaL MEMBERs
WILLIAM G. BERG, JR., City Clerk A GOOd P18Ce t0 LIVe WALT W. MORROW, President
RONALD R. TOLSMA
JANICE L. GASS, City Treasurer
GARY D. SMITH
P.E., City Engineer CITY OF MERIDIAN EE
C
, GLENN R. BENTLEY
BRUCE D. STUART, Water Works Supt.
JOHN T. sHAwcaoFT, waste water su pt. 33 EAST IDAHO
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
MERIDIAN, IDAHO 83642
P & Z COMMISSION
PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman
KENNETH W. BOWERS, Fire Chief Public WorksBuilding Department (208) 887-2211 TIM HEPPER
W.L. "BILL" GORDON, Polioe Chief
Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER
WAYNE G. CROOKSTON, JR., Attorney GREG OSLUND
ROBERT D. CORRIE MALCOLM MACCOY
Mayor
February 14, 1996
Phillip R. Prewitt
307 W. Maple Ave.
Meridian, Id 83642
Re: Accessory Use Permit
Dear Mr. Prewitt,
The time period under the Ordinances of the City of Meridian for
filing any objection to your request for an Accessory Use Permit
for a home occupation (home office for fencing and home
improvement) in your home at 307 W. Maple Ave., Meridian, has
expired and there were no objections received by the City of
Meridian. Under provision 2-410-D.2 of the Ordinances of the City
of Meridian, your request for an Accessory Use Permit for a home
occupation is hereby granted. Please be advised that approval is
contingent upon adhering to the requirements of the Accessory Use
Permit.
Code Enforcement Officer
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Wayne S. Forney, AI
Urban Planner and Development Analyst
3045 Thayen Place -Boise, Idaho 83709
Comprehensive
Planning /
City & Regional
Telephone 362-9345 Fax 362-9416
Plan updates ~~! Dctober Ig93
Citizen
Participation
community Ms. Shari L. Stiles
Relations
Zoning Administrator
croWtr, City of Meridian
Management 33 E. Idaho Ave.
Plan Implementation Merldlan, ID 83642
Zoning, Annexation
& Development Dear Ms. Stiles:
Ordinances
code Analysis I am writing in support of the Accessory Use Permit application of Phillip Prewitt
for the operation of a Home Office for fencing and home improvements/repair out of his
t.ana home at 307 W. Ma le Avenue. With the rowth Meridian is experiencing, it is necessary
Development p g
Planning & for this type of home occupation to serve new residents.
Negotiations
Infrastructure
Planning Respectfully,
Revitalization
Plans
Wayne S. Forney, AICP
Economic
Development
cc Phtlltn Prewttt
Community
Development
Finance Analysis
Fiscal
Implications
Funding Strategies
Public Policy
Evaluation
Project
Management
Contract
Planning
Services to
Cities & Counties
~~(~ Member: American Institute of Certified Planners -American Planning Association -Idaho Planning Association
~ ~
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 Phillip Prewitt ,has filed with the Zoning
Adminstrator of the City of Meridian an Application for an Accessory Use Permit for the
operation of a Home Office for fencing and home improvements/re~r out of his home
at 307 W. Maple Avenue ;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 307 W. Maple Avenue is more particularly described as
Lot 6, Block 2 of Western Subdivision ,Meridian, Ada County, Idaho.
Any and all in#erested persons are welcome and invited to submit comments.
DATED this 19th day of October , 1995.
w - ~
SHARI STILES, ZONING ADMINISTRATOR
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Mr. Phillip R. Prewitt
307 West Maple Avenue
Meridian, Idaho 83642
(208) 887- 1354
City of Meridian
33 East Idaho Avenue
Meridian, Idaho 83642
RE: A CESSORY USE APPLICATION -
List of abutting property owners.
Aran Paterson
315 West Maple Avenue
Meridian, Idaho 83642
(208) 888-6393
Jeff Keams
324 West Maple Avenue
Meridian, Idaho 83642
(208) 887-5468
Barbra Johnson
316 West Maple Avenue
Meridian, Idaho 83642
(208) 888-2407
Larry Piper
306 West Maple Avenue
Meridian, Idaho 83642
(208) 888-9547
Tom Mark
240 West Maple Avenue
Meridian, Idaho 83642
(208) 887-5412
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Jeannette Olson
301 West Maple Avenue
Meridian, Idaho 83642
(208) 838-5889
Greg Hjelm
236 West Camellia
Meridian, Idaho 83642
(208) 884-022 i
Terry Fuller
306 West Camellia
Meridian, Idaho 83642
(208) 887-1577
Scott Farmer
314 West Camellia
Meridian, Idaho 83642
(208) 888-5460
~A ~ ! ~ ~
#765885
PROTECTIVE COVENANTS AND RE;;TRICTIONS
Western Subdivision
December 7th, 1970 riarch 24,1971
We, and each of us, being all of the owners of the property
comprising that cert~iin subdivision in Meridian, Ada County, Idaho,
known as Western..Subdivision, hereby execute this affidavit for
the purpose of constituting certain restrictive covenants and cond-
itions to all of the lots and blocks of said Western Subdivision.
That the restrictive covenants and conditions hereinabove referred
to are enumerated and declared to be as follows, to-wit:
RESIDENTIAL AREA COVENANTS
1. LAND USE AND BUILDING TYPE: No lot shall be used except
for residential purposes. No building shall be erected, altered,
placed or permitted to remain on any lot other than the following:
(a) One detached single-family dwelling not to exceed two
stories in height, and private garage for not more than two cars.
(b) One detached "duplex" dwelling notto exceed two stories in
height, and a private garage for not more than four cars.
(c) One or more detached multi-family dwelling(s) not to ex-
ceed two stories in height, and a private garage for not more
than two cars per unit, provided that said multi-family dwelling(s)
are erected on two..or more lots, except that Lot 8, Block 1, is
hereby excluded from the lot requirement portion stated above, it
being provided that more than one multi-family dwelling may be
erected on said Lot 8, Block 1.
A business may be maintained in ~, single-family dwelling onely, pro-
viding the same is done without altering the exterior residential
style of said dwelling, send provided that written permission of 75%
by area, of all of the record title holders of said Western Subdivi-
sion is obtained, and the said permission specit'ies the type of
business to be performed, and the said written permission is recorded
in the records of Ada County Idaho.
2. DWELLING COST, ~aUALITY AND SIZE: No dwelling shall be
permitted on any~lot at a cost of less than 813,500.00 based upon
cost levels prevailing on the date these covenants are recorded,
it being the intention and purpose of the covenant to assure that
all dwellings shall be of a quality of workmanship and materials
substantially the same or better than that which can be produced
on the date these covenants are recorded at the minimum cost stated
herein for the mimimum permitted dwelling size. The"ground floor
area of the main structure of singl-family dwelling, exclusive of
one-story open porches and garages, shall be not less that 950 square
feet for a one-story dwelling, nor less that 850 square feet for a
dwelling of more than one story. The floor area of multi-family
dwellings shall be not less than 700 square feet per unit.
3. BUILDING LOCATION:
(a). No building shall be located on any lot nearer to the
front lot line or nearer to the side street line thafi the minimum
building setback liens shown on the recorded plat. In any event,
no building shall be located on any lot nearer than 20 feet to
the front lot lies nor nearer than 15 feet to any side street lin®.
(b) No building shall be located nearer than 5 feet to an
interior lot line nor nearer than 10 feet to the rear lot lien.
(c) For the purpose of this covenant, eaves, steps, and opts.
porches shall not be considered as a part of a building, provided
however, that this shall .not be construed to permit any portion of
said eaves, steps, or open porches to be nearer than 3 feet to any
interior lot lien. _ _ L_~ ______ ~...
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PROTECTIVE COVENANTS AND RESTRICTIONS
WESTERN SUBDIVISION #']65885
Page 2
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5., EASEMEI~ITS: Easements for installation and maintenance
of utilities and drainage facilities are reserved as shown on the
recorded plat and over the rear of each lot. Within these easements,
no structures planting or other material shall be placed or permitted .
to remain which may damage or interfere with the installationand
maintenance of utilities, or which may change the direction of
flow of water through drainage channels in the easements. The ease-
ment area of each lot and all improvements in it shall be maintained
continuously by the owner of the lot, except fogy' those improvements
for which a public authority or utility company is responsible.
6. NUISANCES: No noxious or offensive activity shall be
carried on upon any lot, nor shall anything be done thereon which
may be or may become an-annoyance or nuisance to the neighborhood.
~. TENII'ORARY STRUCTURES: No structure of a temporary
character, trailer, basement, tent, shack, garage, barn or other
outbuildings shall be used on any lot at any time as a residence
either temporarily or permanently.
8. SIGNS: No sign of any kind shall be displayed to the
public view on any lot except one professional sign of not more
than one square foot, one sign of not more than five square feet
advertising the property for sale or rent, or signs used by a
builder to advertise the property during construction and sales period.
9. OIL ANL MINING GFERATIONS: No oil drilling, oil development
operations, oil refining, quarrying or mining operations of any kind
shall be permitted upon or in any lot, nor shall oil wells, tanks,
tunnels, mineral excavations or shafts be permitted upon or in any
lot. No derrick or other structure designed for use in boring for
oil or natural gas shall be erected, maintained or permitted upon
any lot.
10. LIVESTOCK AND FOULTRY: No animals, livestock, or poultry
of any kind shall be raised, bred or kept on any lot, except that
dogs, cats, or other household pets may be kept, provided that they
are not kept, bred, or maintained for any commercial purposes.
11. G~IRHAGE AND REFUSE DISPOSAL: No lot shall be used or
maintained as a dumping ground for rubbish. Trash, garbage or other
waste shall not be kept except in sanitary containers. l~11 equipment
for the storage or disposal of such material shall be kept in a clean
and sanitary condition.
12. WATER SUPILY: No individuals water supply system shall be
permitted on any lot unless such system is located, constructed and
equipped in accordance with the requirements, standards and recommen-
dations of the Department of Health of the State of Idaho and also
the City of Meridian, County of Ada, State of Idaho. Approvr.l of
such systems as installed shall be obtained from such authorities.
13. SEWAGE DISPCSAL: No individual. sewa~~e disposal system
shall be permitted on any lot.
GENERAL PROVISIONS
1. TERM: These covenants are to run with the land and shall
be binding upon parties and all persons claiming under them for a
period of thirty .years from the date these covenants are recordea,
after which time said covenants shall be automatically,sxtended for
successive periods of 10 years unless an instrument signed by a
majority of the than owners of the lots has been recorded, agreeing
to change said covenants in whole or in part.
2. ENFORCEMENT: Enforcement shall be by proceedings at law
nr in ~n»ity ~cainct env ri~rson or n~rsons violatin¢ Or attemntina
..
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PROTECTIVE COVENANTS AND RESTRICTIONS
WESTENN SUBDIVISION ~~65885
Page 3
IN WITNESS WHEREOF, we, the undersigned, have hereunto set our
hands this th day of December, ~.
Don Gould Raymond Tolsma
Annette Gould Virginia Tolsma
Acknowledged December th, 1 0 by Don Gould Annette Gould
and Ra d Tolsma and it nia Tolsma be ore er a ar ,
Notary Publ c i~r daho, res ng at oise. Ac now a ge n a
County, Stite of Idaho.
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.AMENDMENT TO ~ ~G`
RESTRICTIONS AND COVENANTS•,'• ~ _ _
. • . ~- WBS~'ERN SUBDIVISION ~ ~~
In the NB Quarter of''Section~~~:Z, T.` 3' N.~, fit: 1 W.~; B.M. ,
;; ~ Ada County ~ ~ Idaho ~ ~ - -~~ • - „
.. ,,
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W8, THE UNDBRS~GNED+ being 'all .of the owners of the
. . , -~ . .
property comprising,.WESTSRN SUBDIV,tSION, in Meridian,'Ada
. ~ ~> . .
County, Idaho, do hereby; arpend and modify those certain
.,
Restrictions and Covenants Attached to "Western Subdivision"
in the NB 1/4 Af Sec. 12, Twn. 3N.~ R1W., B.M., Ada County,
~...,
Idaho, 'recorded March 24, 1971,Ias Instrument..No,~ 765885,
records~of Ada County, Idaho, in the following particulars:
Paragraph 1 oflthe RESIDENTIAL AREA COVENANTS; on
,;.
Page 1 ~-of said ~.nstrumen•t, is' hereby amended.~`aT-d .modified to
.. :r
read as :'fol loyig : : ~~
r .;
1. LAND~USB AND BUILDING.TYPB: No lot shall be used -
except.fo~' residential purposes. No building shall be erected,-
. ~ - .. .
altered, ~ placed; or ~ permitted to~ -remain on ~an~- dot ~oth~r than the ~~
following: ~ ~ .
(a) One detached single-family dwelling not to exceed
two stories~in height, and a private garage for not
- ~ ~~~more than two cars ; o;
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(b) With respect only to the specific lots .indicated
. .,.
below,, multi-family dwellings, and private. garages for
' not more than .two cars per family unit, as follows:
(1) With respect to Lot 9 of Block 2, one detached
"duplex" dwelling not to exceed two stories in
..height, and a private garage for not more than
four cars ; : •~-
(Z).With respect to Lot Z of Block 3 and Lot 3 of
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. '' ~ garage for'not more that-two cars er famil unit;
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•, ~ ~'• ~ (3) With~'rsspect to Lot~B of .Block 1, .one .or more
~.
aid ~detached multi-family dwellings not to exceed two
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~~ ;~1, stories ~~i~~ height, and a private garage,, for not more
~~ ~ ~~• than two Cars per. family unit.'~or~each_such multi-
~~ family dwe~.ling,
~+ A business may be maint~iined in asingle-family dwelling only,.
,, provided the same is done without.alterin•g.the exterior residential
. • ...~ ~~
style of said~dwell.ing,F~and provided that written permission of
I'
~~ ~ 75t by area, of all'of the record title holders'of said Western.
,. ,
Subdivision is obtained,, ,and the said .permission specifies the
type of business to be ;performed,. and the, said written permission
;~
,~ is recorded in the records of Ada County, Idaho. ~ ~~.
~~ i; Except as expr`essly~herein amended and modified, said
f'. ~ .Restrictions and~Covenants as set forth in said~~Astrument
.. ~ . ;,,:
recorded'as Instrument No. 765885, records of 'Ada"~Cptxnty, Ydaho,
~~
';shall remain in .full force and effect.
IN WITNESS WHEREOF, the undersigned have hereunto set
day of ~1/~~~„ e~ . ~~
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.. ~~ ~ 10•~ t '~ 3ti
STATE OF IDAHO)
)ss.
COUNTY OF ADA)
On this. ~ ~ .day of ~.%,.. ~-~-~,~~ a~ , 1971,
before me, the undersigned, a Notary P b~3ic in armor said State,
personally appeared DON GOULD and ANNETTE GOULD, husband and wife;
. RAYMOND TOLSMA and .VIRGINIA I. TOLSMA, husband and-wife; and
MARVIN SIMPSON and JEAN SIMPSON, husband and wife, known to me
to be the persons whose names are subscribed to the within
instrument, and acknowledged to me~that they executed the same.
IN WITNESS .WHEREOF, I have hereunto
affixed my official.seal, the day and year in
first above written.
'~•,
'•~~~u~ ~pl•`' ~.~
wa: D •~ r
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set my hand and
this certificate
o a u is r~t a tae a o
Residing at Boise, Idaho .•
:; i nTE OF IDAHO, COUNTY OF. ADA, ss.
~Icd for record at the request ol~ ~-~~
° ~ ~~ Min. past.!°_o'cloek A M. thisc~.~:~.192f
CUtRENCE A. P NTING, Recorder
pr .~ oufr
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THIS FORM FURNISHED COURTESY OF:
STEWART TITLE
READ & APPROVED BY GRANTEE(S): ~~
{0070}
ABOVE THIS LINE FOR RECORDING DATA
Order No.: 93038889 PW/EK
WARRANTY DEED
FOR VALUE RECEIVED
HUSBAND AND WIFE
MIKE D. GENTRY AND SHANNON K. MYERS GENTRY,
GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto PHILLIP ROSS
PREWITT AND ELIZABETH JOY PREWITT, HUSBAND AND WIFE
GRANTEE(S), whose current address is: 307 WEST MAPLE AVENUE, MERIDIAN ID 83642
the following described real property in ADA County, State of Idaho, more particularly
described as follows, to wit:
Lot 6 in Block 2 of WESTERN SUBDIVISION, according to the
Official Plat thereof, filed in Book 24 of Plats at Page
1498, records of Ada County, Idaho.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and
Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said
Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from
all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered
or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and
agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments,
if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrrant and defend
the same from all lawful claims whatsoever.
Dated: April 28, 1993
MIKE D. GENTRY
SHANNON K. MYERS GENTRY
STATE OF IDAHO
COUNTY OF ADA