Loading...
Stroebel, Christina AUPCITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 ACCESSORY USE APPLICATION APPLICANT: ~i-~~.iSTIt~S~ Y'Vl S?7ZO~Bt~ Phone: 8a8-Q~~ (Owner or holder of valid option) ADDRESS: ~~'~ E~ 1~120i~t1A1 ~iE~-12 ~>TR.L~T GENERAL LOCATION: LEGAL DESCRIPTION OF PROPERTY (Attach description if lengthy): Lt ~~ 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: l l D' x'?l,~' a ZONING CLASSIFICATION: RS 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: ~CUnc~c~,~tSYYt~.. ~ Cd,~ FEE: $80.00 • 1. Use made of all abutting lots or parcels: _ ..~'1.(3'Vht~o 2. Are there other accessory uses of a similar nature in the area? If so, state the location and the accessory use: ~l1 3. Possible adverse impacts on adjacent property such as noise, traffic, excess light, odor, etc. • .crn_p 4. Do you agree to pay increased sewer, water or trash fees if such are required due to increased use? _ fl~r.4 J 5. If the accessory use includes construction of a building on the lot or parcel, complete the following: n /~ 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`? 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: _. Is a State of Idaho basic day care license required or this type of facility?_ j~ If so, attach a copy of your license. b. Have you applied for or received an occupancy permit? ..,F't d If so, attach a copy of your application or permit. c. Is one off-street parking space per employee provided`? (/,P,o d. If the home is located on an arterial or collector, is an off-street child pick-up area provided? ~ /0. e. Is screening of adjacent, properties provided?~~,o f. Is the play area for the children fenced from sire is and neighbo If so, what is the fence height and type of construction?-~ 2 • 7. If the accessory use is for a home occupation, complete the following: a. Are only family members residing in the principal residence? b. Is the use of the residence as a home occupation incidental and su ordinate to its use as a residence? ' ftco ~ c. Will the home occupation ucP mnra rha„ ~S% ..F too ~,,.,... ~_,... _r .L dwelling? ~ - - -- ~- `""" d. Will any item offer for sale that is not produced by the dwelling occupants of the premises? _ ._n D e. Will mechanical or electrical equipment be installed or maintained other than such as is customarily incidental to domestic use`l~ f. How much traffic will be generated by the occupation? , m g. Will off-street pazking requirements be met? h. Will off-street parking requirements be located in required front yazd?~_ i. Will equipment or processing- create noise, vibrations, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot?. ~_ 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? ~.l'l,0 I hereby certify that the information contained herein is true and correct. STATE OF IDAHO ) County of Ada ss. SIGNATURE: ~~i~ .tom t~~~~ . ,~~~~-r Q SOCIAL SECURITY NO.: .51 S - 4~ -7 S ($~ DATE:__ 1l 14 / ~b On this ~~ day of a--'1U~4 , 199 . before me, the undersi ed a No ~ tary Public in and for said State, personally a azed _ ~'..Ir1. ri ~}' i n a rn . ~~ ehe I ~ lrnown, or proved to me, to be the person(s) whose name(s) is (aze) subscribed to the within instivment, 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 yeaz in this certificate first above written. ~~~....~M...2 ••a~ ~, LOPS ~ ~•••~,~' O~ ~ Y ~w otan t~ublic or Idaho (SEAL) ~ ~ ,,.~ ~ ~ Residing at: tiG ~ My Commission Expires: l ~ * Pv$ti ~o ~ -- '•,, 9 TE Off' ~ e~~~ 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: 1. Family Child Care H me - A child care facility which provides care for five (5) or fewer children throughout the day. 2. Grou~Child Care Home - A child care facility which provides care for six (6) to twelve (12) children throughout the day. 3. Child Care enter - 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) Home Occumttion 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 Arccessory 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 accessary 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 permtted 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 the external lot or F ~undary 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 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) • • (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 caze centers are not accessory uses and aze regulated as conditional uses. (See Section 11-2-418 for conditional use procedures.) 2. Accessory Use Standa_r~s - a. Accessory Building Standazds: (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 yazd, 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 an}- property line and shall be exempt from maximum lot coverage requirements; (d) No part of an accessory building on a corner 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 (2S %); 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 proper due to children's noise, traffic and other activities, and which are located away from and properly screened from adverse impacts to the heaL6, 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 Heahh and Welfare-Child Care Licensing Division if required; u U (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 propeities to protect children from adverse impacts and to provide a buffer between properties; and (ti) Provide for a fence of appropriate height/construc~ion, to enclose play areas, protecting children from traffic on arterial or collector streets. Violation of any of the above conditions shall he 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; (?) No article shall be sold or offered for sale or 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 sash home occupation, and any need for parking generated by the conduct of such home occupation shall meet the off-street parlong 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, Q-6-8$) LOAN NO. 3saool-7 [fie above This IJns For Rsoordbg Data] STATE OF IDAHO Fw~ CASE No. DEED OF TRUST 121 ; 1503261-729 THIS DEED OF TRUST ('Security Instrument) is made on A u g u s t 3 a, l s s 5 .The grantor is SHELBY L. STROEBEL and CHRISTINA M. STROEBEL, HUSBAND AND WIFE BOrfOWef"). The trustee ~ Pioneer Tit 1 e Company ~'TrUStee"). Thebenefictaryts InterWest Mortgage,a Nevada Corporation which is organized and existing under the laws of Nevada ,and whose address is P.O. Box 12937, Reno. NV 89510-2937 ('Lender"). Borrower owes Lender the principal sum of Ninety Eight Thousand Nine H u n d r e d Seventy Eight Dollars and no/100 Ddian3 (U.S. $ 9 a . 9 7 8 . o o ). This debt is evidenced by Borrower's note dated the same date Ss this Security instrument ('Note', which provides for monthly paymerrts, with the full debt, if not paid earlier, due and payable On September 1 . 2 0 2 5. Thfs Security Instrument secures to Lender. (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications: (b) the payment of all other sums, with interest, advanced under Paragraph 6 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenarrts and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, intrust, with power of sale, the following described property located In A o A County, Idaho: LOT 19 IN BLOCK 12 OF FOTHERGILL POINTE SUBDIVISION N0. 2 ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 69 OF PLATS AT PAGES 7059 AND 7060.' RECORDS OF ADA COUNTY, IDAHO. which has the address of 567 E. BROWN BEAR STREET MERIDIAN ISireeti ICityJ Idaho e 3 s a 2 ("Property Address"); [ap Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easemerrts, rights. appurtenances, rerrts, royalties, mineral, oq and gas rights and profits, water rights and stock and all fatures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrumenrt. Ali of the foregoing is referred to in this Security instrument as the "Property." BORROWER COVENANTS that Borrower Is lawfully seized of the estate hereby corneyed and has the right to grant and corney the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and wAi defend generally the title to the Property against all claims and demands, subject to any encumbrances of recorcl. . ~ ~Z~ ~ < ~ ~~ ~~. ~o~ Z<~ ~ + ~ ~~ BfZ9 3JVd Z9 51008 ~ ~ v ~~~ :;~- c •p~. r,os+njoer>s 17v?!1 Z5 ~ ~m +:a :~. M .tQ.0~0 S _ _ _~ a= `~ ~:. .~ tom' _ ~' ~ Q ~ ~ S t.~ • 1211107 a ~ ~ ° ~.' ' e c N~~ ~ ~ ~ ~~ ~~`. d~~ ~ d~ ~ ~ ~ ~, 4 ~'F ~ + ` c ~ w S~g~ . .. .~ + o. Yl~ ®~AaRy a ~ 'p0~s j 4 + ~ _ ~ ~i~ Rab~ns, es no ,~ ~ ~tYN- 00~3dh •N ss R ~~~ . ? ~ ~ ~ •J ~ ,~ n t~. s ao~ow m ~ ` ~ ~ ° t ,~'~ ~ ~ ~ ,f"~, ~ ,~ N ao~aa Z A ~ ~ ~ ~ ~~ ~ m a W • N ~ ~ ~ !! Dpi m 7 f - ~} 7~ 7 .~1t.0 M ~ 00'O~i 3 •, • , r, n ftyi ~ + O ^ N S a~ ~ 3-. ~~ ~ ~Z 1D ~ iff ~ ~~- .A ~ '" ad o { / ' W ( ).i~~ 7 .VC1 M Is 7 ~~ f S N r ~ %^ gyp' f~ p ~p g ~f ~ ~ jT ~ O A A = ~ ' ~ ~ ~ ~sCt 3 .o[.ts0 ~ ~ + ' ~ ~dM QOON~ AA02~2lr 'N ~ ~ r. aavt W N I A O .~ N ~ 1 .r ' ~ ~ ~ +1 O~ b L i- N i trfri . i. ~0?i~ _009 ~ .~~ ~ ~ J -. 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 Christina Stroebel ,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 for five or fewer children out of her home at 567 E. Brown Bear Street .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 567 E. Brown Bear Street is more particularly described as Lot 19 Block 12. Fotheraill Subdivision No 2 ,Meridian, Ada County, Idaho. Any and all interested persons are welcome and invited to submit comments. DATED this 21st day of January 1997 SHARI L. STILES, ZONING ADMINISTRATOR ' i I ~; i i s _-~ n~~~. I '--- ----~~ ~f~.~i1~-4 ~.-1~-~Qfd~._~ ~ /' Se u A ,it. ~X Lt-'~ ~~~ Q C ~212~ ~h_e ~ _ ~~/-- c~- ~_e~~~__.~1~_0.~-1~c~~C~t ,E orals. ~ ,''.., /~ t e ;~ j j- ----- --------------- ---------- i i i ;~ - ! sy C-_~~~^ BPS r- ; -- ------ ~A N 2 9 1997 . ~ • • 5~~5 ~ ~ ~i ~ . . !t~tvn 1 e.a _.--__ ~, ~ ~~~~a _~rr _. . wua~ ~ ~wzt,~4~-rv~~ett . 5a4 -~- ~ ~~ _ _ __ ._ _- -_ __ _ ___ .. _ ____ :l . ~~o ~ : ~~m ~~.aa ~ . ~(.~ah, ~ 83.~~a • . ~~ g ~ _ (~~c.~su.M f~~..a~- __ . ~-~iuolc.~:w..,Q~ ~~~ ~- a _ _. _~r ~~ ~- _~ _