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Application(~ ~, E IDIAN~-- IDAHO TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN MayorTammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba To ensure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: February 21, 2012. Transmittal Date: February 1, 2012 File No.: AP 12-001 Hearing Date: February 28, 2012 Request: Public Hearing -Appeal for a City Council review of the Director's denial of an accessory use permit (AUP 12-001) for a home occupation for Lee White By: Lee White Location of Property or Project: 1750 N. Ten Mile Road _ Joe Marshall (No FP) Scott Freeman (No FP) Steven Yearsley (No FP) Michael Rohm (No FP) Tom O'Brien (Mo FP> Tammy de Weerd, Mayor Charlie Rountree, C/C Brad Hoaglun, C/C Keith Bird, C/C _ David Zaremba C/C _ $anltary SeNIC05 (NO VAR, VAC, FP) _ Building DepartmenU Rick Jackson Fire Department Police Department _ City Attorney City Public Works /Scott Steckline _ City Planner _ City Engineer Economic Dev. (cuP only) Parks Department Your Concise Remarks: _ Meridian School District (No FP) _ Meridian Post Office (FP/PP/sHP only) Ada County Highway District _Ada County Development Services Central District Health COMPASS (Comp Plan only) _ Nampa Meridian brig. District _ Settlers brig. District _ Idaho POWer CO. (FP,PP,CUP/SHP only) _ QW2St (FP/PP/SHP only) _ IntermOUntaln GeS (FP/PPISHP only) _ Idaho Transportation Dept. (No FP) _Ada County Ass. Land Records Downtown Projects: _ Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline _ New York Irrigation District Boise-Kuna Irrigation District Boise Project Board of Control /Tim Page City Clerk's Office • 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org C~i~lE IDIAN~.- 11~~rto of Review Requested (check all that ^ Annexation and Zoning ^ Comprehensive Plan Map Amendment ^ Comprehensive Plan Text Amendment ^ Conditional Use Permit ^ Conditional Use Permit Modification ^ Design Review ^ Development Agreement Modification ^ Final Plat ^ Final Plat Modification ^ Planned Unit Development ^ Preliminary Plat ^ Private Street ^ Rezone ^ Short plat ^ Time Extension (Commission or Council) ^ UDC Text.4~mendment ^ Vacation (Council) ^ Varia ~e _ ~ ~ ~ ~~ Other C7,ifia- G42~ Information Applicant name: ~~(~l.Js~._~%- In Phone: }~-16 x)33 Fax: Applicant address: ~~~ h• ~ ~~/~ Zip: 6°<3~rF6 E-mail: Applicant's interest in property: 1J~Own ^ Rent ^ Optioned ^ Other Owner name: ~~-«P.(1'~~ n n Phone: ~~b'$~33 Fax Owner address: (7 ~O VL - ~, {'bu~Qa -~-~[ Zip: `~~3~~(, E-mail: Agent name (e.g., architect, engineer, Firm name: Address: Zip: E-mail: Primary contact is: ~p'Applicant L9 Owner ^ Agent ^ Other Contact name: Gfi{,l,-'~9/v-~~ ~ Phone: Fax: Contact address: (!'~'~-'D`+~"~- Zip: E-mail: Subject Property Information Location street address: ~~7 S ~ Assessor's parcel number(s): O ~~a Township, range, se on: Current land use: _~C?~~ha'ZGtx Planning Department COMMISSION & COITNCIL REVIEW APPLICATION Phone: Fax: Total acreage: ~ Current zoning district: 33 E. Broadway Avenue, Suite 210 Meridian, Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6854 Website: www.meridiancity.org 1 ProjecUsul~visierr7tarner- General description of proposed projecUrequest: Proposed zoning district(s): _ Acres of each zone proposed: Type of use proposed (check all that apply): ^ Residential ^ Commercial ^ Office ^ Industrial ^ Other Amenities provided with this development (if applicable): Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? Primary irrigation source: Secondary: Square footage of landscaped areas to be ]rrlgated (ifprimary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (nO/acre-total larva): Petcentage of open space provided: 2 or more Bedrooms: Proposed building height: Average property size (s.f.): NeY denSlty (DU/acre-excluding roads & alleys): Acreage of open space: Percentage of useable open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ^Sirvgle-family ^ Townhomes ^ Duplexes ^Muhi-family Non-residential Project Summary (if applicable) Number of building lots: pgg ~y ~,/~ ~ " ~ ~ Other lots: Gross floor area proposed: f~0 0 •F (~Y(~(yq/pL_ Existing {if applicable): Hours of operation (days and hours):. Building height: Percentage of site/project devoted to the following: Landscaping: Building: Total number of employees: Paving: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Total number of parking spaces provided: Authorization Print applicant name: Applicant signature: _ Seating capacity: Number of compact spaces provided: 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 87642 Phone: (208) 884-5533 ' • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) I1-SA-5D, the applicant for all applications requiring a public herring (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than- ten' (10) days prior to the hearing. The applicant shall post a copy of the public heazing notice of the applicafion(s) on the property under consideration. - The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sid (s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shal'1 be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-SA-5. ~1~~~.~a - a ~~ Applican agent signature -ate FOR MY FILE IN MERIDIAN CITY PLANNING AND ZONING My name is Lee White and I live at 1750 N. Ten Mile Rd. Meridian,Idaho The purpose of this writing is to appeal the H.O.P. I have applied for thru the City of Meridian. Let me give a small narrative about myself and an explanation first and foremost that I am not in the business of having a continual yard sale. I do not go out to purchase items, but rather I take items which are usually in unusable condition heading to the landfill, and make them into something usable. I was born and raised in a place and at a time where all the family had to carry their own weight regardless of age or size. By today's standazds we were poor, but we didn't know that we were. In the small taz papered home there was awood/coal burning stove, water was carried in in buckets and heated on the stove. There was no electricity so lighting was done with kerosine lamps and the toilet was out back. I learned eazly to milk cows by hand, feed the animals, plow with a single bottom plow, and clean the barn and corrals. During W W #2 there were limited people available to help with harvest so my father, brother (age 9) and myself (age 10) did the work ourselves. School was a two room building with grades one thru eight where we learned our ABC's and the Pledge of Allegiance and how to play cowboys and Indians. As the oldest child got through the eighth grade a move became necessary so we relocated to Idaho where there were many more kids to associate with. The responsibility of carrying ones own weight never left the family, so my brother and I began repairing bicycles, mowing lawns, and becoming the "go to" boys to help neighbors with chores and farm work. It wasn't fun, but definitely a good character building experience to get up at 4:30 or 5:00 to go do a neighbors chores and get home in time for breakfast and get to school on time. High school came and I was told I ran funny and was too skinny to run track. I heard about a Glen Cunningham who had been severely burned as a child yet had overcome the many operations and persisted in running and became a four minute mile runner. This inspired me and I tried to do my best which turned out to be enough placings in two years running to earn a school letter in track. Graduation came and I began my working career installing telephone equipment throughout what was then called Mtn. States Tel and Tel area at a wage of $1.09 per hour. In about five months I had saved enough money to buy my first car. Next came marriage and more traveling with the job so we bought a mobile home instead of renting in each town we were working in. In due time I was invited to become a part of the greatest military in the world which took me coast to coast and over seas to Japan. To make my time less wasted, I enrolled in a couple college courses. After release from Service I was able to return to my priorjob and in due time found myself still wanting to progress further, so I applied for a leave of absence and was accepted into college. This was frightening---$325 dollars to our name , no job, and facing full time studying and family responsibilities. WE knew we could do it so onward and upward we went. During the latter part of the Junior year, I ran for a Student Government office an was elected to the only political endeavor of my life. Graduation came and I became the first of my family to receive a college diploma. From there I took a job that took us to California for more growing experiences. The first of which was a responsibility in my church to oversee the scouting program. Since I knew virtually nothing about it, I crammed from books and took all the training that was offered and we had a successful scouting unit. In due time I served as an assistant scoutmaster for five and one half yeazs and received recognition with the awarding of the District Award of Merit. This is the highest awazd given to a volunteer on the district level. More years of service in various capacities and more training brought another recognition from the Scout Council, which is composed of several districts. This award is called the Silver Beaver Awazd . I treasure both. As I neazed retirement years, I knew I had to find something which would keep me occupied so I continued my talent expansion and began doing handyman jobs. Upon azrival in Meridian,I soon found neazly everyone had a father, an uncle, or a friend who did their handyman jobs, so I again expanded my capabilities. This time I recognized the need for recycling items that may be headed for the landfill. I began doing repairs and rebuilding household items and soon found out that I couldn't store them for lack of room. I took the initiative to display them on my driveway and people would stop and ask if I was getting rid of it, and I was, so we negotiated and they took and I received. In due time, someone, or some ones, thought I was getting rich, or something, and complained to the city. This resulted in my getting shut down and told not to do any more from the driveway. Apparently word began to spread and there were a lot of good people who came to me for help and disposition of their broken items. I repaired and rebuilt and displayed them along my southern yazd fence. I have gotten permission from the owner of the driveway to do so, as long as I keep it neat and orderly. This I have done on the six foot by 30 foot area I have been using. Recycling is an interesting undertaking. My experiences over the last little while have been; (1)Taking down a wooden fence from Franklin and Ten Mile Rd. (2) removing another fence along Ustick and, (3) accepting an invitation to teaz down an old bazn, for part of the wood. I have taken the wood from each and recycled it into garden planter boxes, camping wood, and old barn wood. I have asked numerous people who have stopped by if I was doing things the neighborhood liked and needed, and if it was a nuisance or looked bad. To a person, the answer has been,"YES, WE LIKE IT AND OFTEN DRIVE BY NST TO SEE WHAT IS NEW THAT WE MIGHT USE AND IT IS ALWAYS NEAT AND CLEAN." To give you an idea what has taken place over the last little while, I have compiled the following: 8 people bought old barn wood 39 pieces of furniture were repaired or refinished 19 people got pieces of recycled boards 22 bird houses were built from recycled boards 5 wishing wells were made from recycled boards 15 tomato frames were made from recycled boards 12 Eagle Scouts received shadow boxes for their American Flags from recycled boards 15 Cub Scouts learned to make tool boxes and bird houses from recycled wood 424 pounds of misc. metals were recycled 4 bicycles were refurbished and found new homes 32 people got butterflies made from recycled wood 61awn mowers and weed eaters were kept out of the land fill 9 people got corn stalks from my garden for yard and home decorations Total worth to the planet and Meridian City can not be stated in dollars and cents. The value to the neighborhood and me, as a person, are also not measured in dollazs and cents. Rather it is measured in good will and friendships and trust from good people and the knowledge that we have kept a lot of stuff out of the land fill. This has been very important to me and others as I see and hear it. Let me once again emphasize that, I, in no way, am conducting a permanent yard sale. I am keeping things out of the landfill by recycling them. I am very grateful to my neighbor for giving me permission to use the little strip of ground he has let me use. I realize there are some who do not agree with me and what I do, and that is OK. If someone has a problem with me, it has always been my policy to have an open mind to listen to suggestions and ideas which can help make things better. I say bring the suggestions and ideas on. I do have a problem with someone hiding behind anonymity and not bringing their concerns directly to me instead of hiding behind an anonymous phone call. I have good eazs to listen to new ideas, and shoulders to carry the weight, and the will to do what is right. In conclusion, one final statement if I might. The industry I retired from had no retirement programs, so I rely on my Social Security and what little savings I have managed to accumulate to live on. The little amount of money I make from repairs and recycling has helped to make the savings last a little longer. It also has been the source of some kids going to camps, getting new clothes, and some families getting money for food or rent and not knowing where it came from. These certainly aze not bad things, so all I want is to continue making them possible from the 6 X 30 feet of space where it has been taking place. My objective as a Senior Citizen is to continue making Meridian a good place to live and be a good neighbor in doing so. E IDIAl~~-- Jahuary 19, 2012 MayorTammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba Lee White .1750 N. Ten Mile Road Meridian, Idaho 83646 RE: Request for a Home Occupation to Repair, Rebuild, and Recycle Household Items Located at .1750 N. Ten Mile Road. Deaz Mr. White: This letter is in response to your application for a home occupation to repair, rebuild, and recycle household items out of your accessory gazage located at 1750 N. Ten Mile Road. Unified Development Code (UDC) 11-SA-2 requires a home occupation (accessory use) with customers, clients or employees to apply for administrative approval. Because you are proposing to sell the refurbished items to customers; you were required to apply for an Accessory Use Permit. In addition, any proposed home occupation shall meet the standards set forth in UDC 11-4-3-21. I have attached a copy of UDC 11-4-3-21 for your convenience. After reviewing your Accessory Use application for a home occupation, I regret to inform you I have to deny your application. Below, I have written the required standards set forth in UDC 11-4-3-21 that the proposed home occupation does not meet: L In no way shall the home occupation cause the premises to differ from its residential character in the appearance, lighting, signs, or in the emission of noise, fumes, odors, vibrafions, or electrical interference. The proposal to display merchandise on a regular basis changes the appearance of the residential character, e.g.; the display of merchandise is typical of commercially approved retail shops. 2. The home occupation shall be conducted entirely in the dwelling, and not more than twenty five percent (25%) of the gross floor azea of said dwelling shall be used for a home occupation or for storing goods associated with the home occupation. Materials maybe stored in an attached garage or storage area, provided it shall not reduce the required off street pazking below the standazd established for that district. You have not proposed to conduct the home occupation in the dwelling. The Planning Department. 33 E. Broadway Avenue Meridian,:ID 83642 ,.. Pktone 208-884-5533 Fax 208-888-6854 www.meiidiar~oity.org : rrv, White, Lee Page 2 proposal to conduct the home occupation within the detached accessory structure does not meet the standards in UDC 11-4-3-11. 3. No activity connected to the home occupafion or any storage of goods, materials, or products connected with a home occupation shall be allowed in any detached accessory structure. The proposal to conduct the home occupation within the detached accessory structure does not meet the standards in UDC 11-4-3-21. 4. No retail sales shall be permitted from the dwelling except the sale of: 1) services or items produced or fabricated on the premises as a result of the home occupation; or 2) products secondarily related to the personal service aspect of the home occupation. Only items produced and/or fabricated on the site may be sold as part of your proposed home occupation. The repaired and/or refurbished merchandise may not be sold as proposed. Although I have denied your home occupation request, I do want to point out that items repaired and/or refurbished maybe stored within a detached accessory structure. The stored items maybe offered for sale, offered for trade, or offered free of charge as allowed per the standards set forth for Garage, Yazd, and Similaz Sales in Meridian City Code (MCC) 3-4-3, which allows up to four garage sales per year. Please feel free to contact the City Clerk's Office at 208-888-4433 to obtain a copy of MCC 3-4-3. You or a party of record may appeal this decision or a condition of approval by requesting City Council review of this decision within fifteen days after the written decision is issued. All requests shall be filed in writing with the Planning Department no later than February 3, 2012 and shall. comply with the provisions of UDC 11-SA-6B. The application for City Council Review is available on our website at www.merdiancity ore, or upon request from this office. For additional information about this decision or about your right to appeal, please contact this office at 884-5533. Please feel free to contact Kristy Vigil at 884-5533 with any questions or concerns. Sincerely, ~ S.Z>~ Pet Fnedman, AIC erim Planning Director r,,-~,. _„ F'ia :: ~~E IDIAN~ -- l [s:~ €d t'a of Review all that Accessory Use ^ Alternative Compliance ^ Certificate of Zoning Compliance ^ Certificate of Zoning Compliance Verification ^ Conditional Use Permit Minor Modification ^ Design Review ^ Private Street ^ Property Boundary Adjustment ^ Time Extension (Director) ^ Vacation ^ Other Applicant Information V Applicant name: Applicant address: ~~~ Phone: ~7 ~ ' ~~3-~ Zip: .~4%%~ E-mail: Applicant's intere(Qs~t in property: I"J V Wn ^ Rent ^ Optioned ^ Other Owner name: s)'Ei/)vu2~ ~ G~~11Z Phone: Owner address: Zs Agent name (e.g., architect, engineer, developer, representative): N`I~ Firm name: Irk Address: Fax: E-mail: Phone: Fax: Zip: E-mail: Primary contact is: Applicant p weer ^ Agent ^ Other Contact name: ~Cz W,) .t. Phone: `Fb ~~7~Fax: Contact address: /~~o ~/ _~, )~~ ,~ Zi 3b / p: ~ ~~ E-mail: Information Location street address: Assessor's parce] number(s): V IZ~ Township, range, sect((i~~o~~n~~: !I/I~'f w Z Total acreage: (O~f~ `~ Current land use: K51 ~1"pL1 "~"1 hC ~ Cun-ent zoning district ~~ I Planning Department ADMINISTRATIVE REVIEW APPLICATION ~ 7 33 B. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6854 Website: www.meridiancity. org 1 - /Rev II/29/171 ~'Project/subdivision name: ~- ~C-°t ,tGeneral description of proposed project/request: Proposed zoning district(s): - Acres of each zone proposed: Type of use proposed (check all that apply): ^ Residential ^ Commercial ^ Office ^ Industrial ^ Other Amenities provided with this development (if applicable): Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? Primary irrigation source: Secondary: Square footage of landscaped areas to be Irrigated (if primary or secondary point of wnnection is city water): Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: 2 ormore Bedrooms: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total land): Percentage of open space provided: Percentage of useab]e open space: _ Proposed building height: _ Average property size (s.f): Net density (DU/acre-excluding roads & alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ^single-family ^ Townhomes ^ Duplexes ^Minti-family Non-residential Project Summary (if applicable) Number of building lots: ~~ ~~,,~~ Other lots: Gross floor area proposed: ~ a ~'~v~~xisting (if applicable): ~ C ~,--~' flours of operation (days and hours): /~' ~r1~.7"' Building height: Percentage of site/project devoted to the following: Landscaping: Building: Paving: ,,~/~ ¢,,,` ~!I'otal number of employees: 7~.t4aximum number of employees at any one time: I ~`~"~`"`fy -l Number and. ages of students/children (if applicable): Seating capacity: ~Cfo[al number ofparking spaces provided: ~ Number of compact spaces provided: Authorization 'tint applicant name: Applicantsignature:- Date: `,~~~'~.~ - / ~{~c~ 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-SS33 Facsimile: (208) 888-6654 Website: www.meridiancity.org 2 City of Meridian Planning and Zoning Department December 9, 2011 Attn; Kristi Vgil I, Lee White have been encouraged to apply for an AUP permit from the City of Meridian, Idaho. I find that I can not comply with the following articles: ( 1) B & C---Repairs and Storage of goods can not take place in the primary residence. Storage of materials used in repairs and recycling must needs be stored and used in detached building commonly referred as a Work Shop. (2) H---No sales from dwelling. Display for sales and donations aze made from location on private easement adjoining my property on the South side. Permission from easement owner has been granted. Lee White 1750 N Ten Mile Rd. Meridian, Id., 83646 ~~ ~~ I l ~ I l ~~/ i ~~, ~ /~ i ~- ~ ~ o ~ `~ ~~ `~3~~Ic I~ l+~ ~J ~ V 1 "' ~~ ~ cK~ ~ n \ I ~~~ ~ ~ ~ V ~~~ - L ~,1 ~ (~ MY STORY by LEE WHITE Writing a story (narrative) about myself isn't the easiest thing I like to do, because I would rather have what I do and who I am, be the story and what "is seen and heazd. A little background before the meat of the story goes like this: Years before my retirement I knew that I needed and wanted to have something meaningful to do in my leisure years. My efforts centered on becoming a Handyman and as such I ran my own part- time handyman business for several years in addition to my regular job. As most things begin---I didn't know to much about what I could do or how to go about getting started. With the help of a couple friends in the Real Estate business, they gave me some small jobs and gradually I learned to do other things and got bigger and more meaningful jobs. Over the next several yeazs I became better and word of mouth spread to the point that I had all the work I could handle. Fast forward to retirement: We moved back home to the Treasure Valley and settled in Meridian in our present residence on Ten Mile Rd. Upon arriving here I soon learned that neazly everyone had their own Handyman in the form of a father, brother or uncle, so that limited my scope for the future. It was at this point that I began teaching myself how to make small toys, crafts, and continued repairing different items. Word got around that I did repairs and built different things and people began bringing things to me either to fix for them, or to just see if I wanted them to repair and recycle. Few items went directly to the landfill as most were rebuilt or repaired and disposed to someone wanting or needing it. Many things were sold for a couple dollazs and also many were given away free even though I had put time and materials into them. Fast forward once more; Code enforcement got a couple calls inquiring as to my activity and they decided I must stop what I was doing so I did. In a little over a yeaz I decided to investigate the code and found a section that stated That Code Enforcement had jurisdiction over main roads, streets and thoroughfazes. As the right of way to the South side of my property is a private dedicated easement I discussed setting a couple items outside my fence with the owner of the easement. He said it was fine with him as long as it was kept neat and attractive. I have done this for some time and have gotten many favorable comments about how and what I am doing. Numerous people have been asked if they were O K with what I was doing and to a person, they were in favor of it. Several have stated they often come by just to see what new thing may be out that they could use. Word has continued to spread that I repair and rebuild and recycle things. From time to time someone will bring something by that is in deplorable condition and ask if I want to take a shot at rejuvenating it. Inmost instances I have been able to resurrect the item and keep it out of the landfill. -The joy of meeting the challenge of taking something unusable and making it usable is where the satisfaction comes. It is a -good feeling to take a chair with a broken leg or brace. and make it usable again. This brings up another point of concern of at least one person who has stated that I go to other yard sales and buy things and then resale them at my place. To this I plead guilty with this explanation. If I find a chest of drawers with a missing drawer and possibly one broken, I will give the owner 4 or 5 dollazs and take it home, rebuild the broken drawer and make a new one to replace the missing one. I may spend five hours doing this work and use materials such as glue, stain, wood, staples or brads, and a new set of handle pulls and then sell it for $20 to $25 to a family who can't afford $150.00 for a new one. If this is a bad thing, I'm guilty and this is another item which did not go to the landfill. The question before us at this time is this; Does repairing, rebuilding, and recycling items as I have just described, constitute a Yard Sale? There is that possibility, but when you consider that the location is on a private dedicated easement may have a different set of rules tb go by Permission to use it has been granted. The clientele are different from most yard sale customers in that they are looking for items not usually found at yards sales. This then adds another dimension to the picture. Storage. Once an item is repaired or rebuilt, it needs to be relocated quickly. I have a work shop and with different materials, tools, and working space, there isn't room to store much in there. Another option would be to rent a storage locker. This is not a business for profit, but rather it is a service to my neighbors. I am doing this work because I like to do it, and because I need something to keep me active and involved with my community How long I physically will be able to do this work is an unknown. People have become accustomed to my work and projects and seem to enjoy the interaction we have. Many ask if I can do something, or if I can't, do I know someone who can do it for them. This is important to me and I would think it is an important part of keeping Meridian a friendly, good place to live. How sad if I (we) can't have good interaction with our neighbors----ask the kids who walk by if I speak to them and encourage them in their school work or their sports they participate in. Yes, being a good productive neighbor is important to me and it is my desire to continue doing so in the same manner I have been doing. I know that the city code is there for a purpose and I horror that. Still, there are at times when needs for a modification or variance to meet community needs must be considered. Mine maybe one of those needs which we can explore. I have a thought or two which I will mingle with yours and together we should be able to come up with something workable for all of us. Thank you for your time and consideration for me, a senior citizen trying to keep Meridian a good place to live. Lee White ~~~-~, ;~~~ STANDARDS FOR HOME OCCUPATIONS w \ STATEMENT OF COMPLIANCE UDC 11-4-3.21: Home Occupation: The following standards apply to all home occupation uses with the exception that strict adherence to the standards contained in sections 11-4-3.21B, 11-4-3.21C, 11-4-3.21E, and 11-4-3.21F in the TN-C and TN-R Districts is not required: A. In no way shall the home occupation cause the premises to differ from its residential chazacter in the appearance, lighting, signs, or in the emission of noise, fumes, odors, vibrations, or electrical interference. /B. The home occupation shall be conducted entirely in the dwelling, and not more than twenty-five percent (25%) of the gross floor area of said dwelling shall be used for a home occupation or for storing goods associated with the home occupation. Materials may be stored in an attached garage or storage area, ,, provided it shall not reduce the required off-street pazking below the standard established for that district. No activity connected to the home occupation or any storage of goods, materials, or products connected with a home occupation shall be allowed in any detached accessory structure. D. (Rep. by Ord. 07-1325; 7-]0-2007). E. The home occupation shall not have more than two (2) out-going pickups per day from a common carrier. The home occupation shall be conducted by the inhabitants of the dwelling, and no more than one (1) nonresident employee shall be permitted. G. The home occupation shall not serve as a headquarters or main .office where employees come to the site f ~ and are dispatched to other locations. No retail sales shall be permitted from the dwelling except the sale of: a) services or items produced or fabricated on the premises as a result of the home occupation; or b) products secondarily related to the personal service aspect of the home occupation. Off=street parking shall be provided as Section 11-3C-6 of this Title, in addition to the required off-street parking for the dwelling. J. All visits by clients, customers, and/or employees shall occur between the hours of 8:00 a.m: and 8:00 p.m. K. The home occupation shall only be allowed as an accessory use to an allowed residential use. Certification: I have read and understand the above standards for the operation of a home occupation and certify that I will conduct my business in accordance w[[h these standaras. IfI cannot meet these stnndards, I am real allowed this accessory use. Applicant's Signature: ~ -~~~ (~~ / Date: ~ ~'-K/ y ~~~ December 7, 2011 Dear Neighbor, This is your invitation to come for an informal meeting at our home December 14th. at 7 PM. It should last for about 15 to 30 minutes. Purpose o£this informal get-together is to satisfy requirements ofMeridian City Planning and Zoning Department for my applying for an Accessory Use Permit (A.U.P.) For home occupation. This permit is being required for my continuance of rebuilding, repairing and recycling items and displaying them at the side of our house. It appeazs that three anonymous (do-gooders) have thought what I do is against code and have made phone calls that caused Code Enforcement to close me down until I go through the process they have mandated to become "legal". I will explain all this at the meeting in our home at 1750 N. Ten Mile Rd. December 14 at 7 PM. Light refreshments will be available. I look forward to having your input on how you feel about the service I provide to our neighborhood. Please come and give me your thoughts---good or bad--- so I will know how to proceed to the next step. .Thank you for being my neighbor. Sincerely, LeeWhite j ~~ ~ C ' - Mayor Tammy deWeerd T~T A City Council Members: 1 1((~~ Keith"Bird - ~~ - Brad Hoaglun Charles Rountree David Zaremba January 5, 2011 Lee White 1750 N. Ten Mile Road Meridian ID 83646 Parcel no. 5 120 13 363 1 4 RE: Renewed application, period for City of Meridian Accessory Use Permit for a home occupation at 1750 N. Ten Mile Road, Meridian, Idaho Dear Mr. White: +. I am-writing as a courtesy to let you know the Meridian Unified Development Code states that, within one yeaz from the date of a denial, you may submit a new application for an Accessory Use Pernut ("AUP"~•for the same use and location. This means that on, or at any time after, January 28, 2011 you may resubmit to the City of Meridian Planning Department a new application for an AUP, for a home occupation to repair and restore household and yard i#ems at I750_N. Ten Mile. Road. To recapitulate the course of events related to your previous AUP application: On December 22, 2009, you appeared before Meridian City Council to request a waiver of the $160 application fee for an accessory use permit. City Council granted this request, and the application fee was waived. On January 6, 2010, you applied for an Accessory Use Permit (AUP-10-001) for a home occupation to repair and restore household and yard items at 1750 N. Ten Mile Road. By letter dated January 28, 2010, I denied this application, and informed you of your right to appeal this denial to City Council. Copies of your AUP application and my denial letter are enclosed for your reference:" The substantive provisions of the Meridian Unifiedbevelopment Code related to your original AUP application have not changed in the last year. It is likely that upon your submission of an application that is identical or substantially similar to application no. AUP-10-001, I will again deny such application. If that occurs, you will, of course, have the right to appeal the denial within fifteen days of the date of the denial letter. Last yeaz you did not appeal my denial of your AUP to City Council within the appeal period, and as a result, my decision was final. I understand you have had questions regarding this process over the last year, and Planning Staff would be happy to answer any questions you may have on that matter. There is a $160 application fee for an AUP application. If you wish to request a waiver of this fee, you may do so on, or at any time after, January 28, 2011, by mailing a letter to the City Clerk's OfFice, the address of which is 33 E. Broadway Ave., Meridian, Idaho 83642. I would recommend asking Council to waive, the fee for an appeal (City Council Review) as well. The fee for an appeal is $692; your request would therefore be for a waiver of fees in the total amount of $852. Please understand that City Council action regarding your fee waiver request would be separate and distinct from City Council action regarding the AUP application itself. Please contact me, or Assistant City Planner Kristy VigIl, at 884-5533 if you have any questions or concerns about this letter, or if you wish to request assistance with the fee waiver request or application process. Sincerely, Anna Borchers Canning, AICP Planning Director cc: Mayor Tammy De Weerd Encl. (2) _. E II~IAN-- { ®~ January 28, 2010 Lee White .1750 N. Ten Mile Road Meridian, Idaho 83646 MayorTammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba RE: Request for aHome- Occupation to Repair and Restore Household and Yard Items Located at 1750 N. Ten Mile Road. Dear Mr. White: This letter is in response to your application for a home occupation to repair and restore household and yard items out of your accessory garage located at 1750 N. Ten Mile Road. Unified Development Code (UDC) 11-SA-2 requires a home occupation (accessory use) with customers, clients or employees to apply for administrative approval. Because you are proposing to sell the refurbished items to customers, you were required to apply for an Accessory Use Permit. In addition, any proposed home occupation shall meet the standards set forth in UDC 11- 4-3-21. Ihave attached a copy of UDC 11-4-3-21 for your convenience. After reviewing your Accessory-Use application for a home. occupation, I regret to inform you I have to deny your application. Below, I have written,the required standards set forth in UDC 11-4-3-21 that the proposed home occupation does not meet: L In no-way shall the home occupation cause the premises to differ from its residential: character in the appearance, lighting, signs, or in the emission of noise, fumes, odors, vibrations, or electrical interference. The proposal to display merchandise on a regular basis changes the appearance of the residential character, e.g., the display of merchandise is typical of commercially approved retail shops. 2. The home occupation shall be conducted entirely in the dwelling, and not more than twenty five percent (25%) of the gross floor azea of said dwelling shall be used for a home occupation or for storing goods associated with the home occupaflon. Materials may be stored in an attached garage or storage area, provided it shall not reduce-the required off street pazking below the standard established for that district. You have notproposed to conduct the home occupation in the dwelling. The .Planning Department. 33 E. Broadway Avenue Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org White, Lee Page 2 proposal to conduct the home occupation within the detached accessory structure does not meet the standards in UDC 11-4-3-21. 3. No activity connected to the home occupation or any storage of goods, materials, or products connected with a home occupation shall be allowed in any detached accessory structure. The proposal to conduct the home occupation within the detached accessory structure does not meet the standards in UDC 11-4-3-21. 4. No retail sales shall be permitted from the dwelling except the sale of: 1) services or items produced or fabricated on the premises as a result of the home occupation; or 2) products secondarily related to the personal service aspect of the home occupation. Only items produced and/or fabricated on the site may be sold as part of your proposed home occupation.. The repaired and/or refurbished merchandise may not be sold as proposed. Although I have denied your home occupation request, I do want to point out that items repaired andlorrefurbishedmay be stored within a detached accessory structure. The stored items maybe offered for sale, offered for trade, or offered free of charge as allowed per the standards set forth for Garage, Yard, and Similar Sales in Meridian City Code (MCC) 3-4-3, which allows up to four garage sales per year. Please feel free to contact the City Clerk's Office at 208-888-4433 to obtain a copy of MCC 3-4-3. You or a party of record may appeal this decision or a condition of approval by requesting City Council review of this decision within fifteen days after the written decision is issued. All requests shall be filed in writing with the Planning Department no later than February 12, 2010 and shall comply with the provisions of UDC 11-SA-6B. The application for City Council Review is available on our website at www.merdiancit ~~org, or upon request from this office. For additional information.about this decision or about your right to appeal, please contact this' office at 884-5533. Please feel free to contact Kristy Vigil at 884-5533 with any questions or concerns. Sincerejy, ~~~~ti~~2 Anna Borchers Canning,~ICP Planning Director `F: ~~~~~~~~~~ r- ~. ry, ~ r ~,v ~~i~E IDIAN~-- ~~~~``` ~ ~' ~t ~, t~. , Planning Departiuent F~c~t:' 11~t'„~14 Ge+-5, ~rADTvIII~]ISTRATIVEREVIEWAPPLICATION F ~~.Ct4`1Ft:. all that Accessory Use ^ Alternative Compliance ^ Certificate of Zoning Compliance ^ Conditional Use Permit Minor Modification ^ Design Review ^ Private Street - ^ Property Boundary Adjustment ^ Short Plat ^ Temporary Use Certificate of Zoning Compliance ^ Time Extension (Duector) ^ Vacation ^ Other Applicant Information Applicant name: L%E l~ {t t TL Phone: il'`( 6-113 3 rjpru.~ Applicant address: f .? S'd b'I • 'Y-x n iM ~ ~ ~ ~ d . Zip: g~ E ~ (z Applicant's interestin~property: L~Own ^ Rent ^ Opfioned ^ Other Ownername: C- GJ r ~ ~~j 1 /r'= - Owner address: I) ~r0 1.2 ~ ~ 4~ i L! 1C ~ yr~ ~~ t LI ,1-i, Agent name (e.g., azchitect, engineez, developer, representative): ._ Firm name: ~/ A Address: Primary contact is: ~pplicant L3r'Owner ^ Agent ^ Other Contact name: L ~- Y t.J it. (T ~ Phone: 3'4 d- S >-; ~ ` E-mail: i_!=C (3' A-~ l3 (,,l(z (y'E ~ QCs ivy rl ~ L , Co h. Fax: ~~5`~ Subject Property Information Location/street address: _ /~ ,~0 N ~ fan k,. ~ L~ t2.1 Assessor's pazcel number(s): SLJ4~+-~4 .S'EZdL3h /bJ Township, range, sec~tJion: ~Iv (W d" Total acreage: . (oZr7 nn Current land use: ~[ 1..s l~ U 7 / i7 ` Current zoning district: K-~ Phone: .3~~~-E) 3 3 Zip; b~ .2 t ~E (o Phone: Zip: - 33 E. Broadway Avenue, Suite 210 Meridian, Idaho 83642 - Phone: (206) 8845533 Facsimile: (208)888-6854 Website: www.meridiancity.org 1 (Rev. II/4/08) Project/subdivisionoame: _ General descripfion of proposed Proposed zoning district(s): _ Acres of each zone proposed: Type of use proposed (check all that apply): ^ Residential ^ Commercial ^ Office ^ Industrial ^ Other Amenities provided with this development (if applicable): Who will own & maintain the pressurized irrigation system in this development? Whichirrigationdfstrict does this property lie withinv Primary imigaton source: Secondary: Squaze footage of landscaped areas to be irrigated (if primary or secondary point of conuecdon is city water): Residential Project Sutnnrary (if applicable) Number of residential units: ~ Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: Minimum squaze footage of structure(s) (excl. gazage): Minimum property size (s.f): _ Gross density (nuiacre-totai land): 2 or more Bedrooms: Proposed building height: _ Average property size (s.fJ: Net density (DU/acr~exduding roads & alleys): Percentage of open space provided: 'Acreage of open space: _ Percentage of useable open space: ~ (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ^Sfngle-family ^ Townhomes ^ Duplexes ^Multf-family Non-residential Project Summary (if applicable) Number of building lots: Other lots: Gross floor azea proposed: _ Hours of operation (days and Percentage of site/project devoted to the following: Landscaping; Building: Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Tota] number of parking spaces provided: Paving: Seating capacity: Number of compact spaces provided: Authorization Print applicant name: ,~~ppR - (,~ I rF_ Applicant signature: 2C-t-L_ tn~ Date: ~ . ~ 33 E: Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6854 Website: www.meddiancity.org 2 Existing (if applicable): Building height: HONORABLE MAYOR AND CITY COUNCIL MY NAME IS LEE WHITE I RESIDE AT 1750 NO. TEN MILE RD. I COME BEFORE YOU TONIGHT, NOT AS A GREAT ORATOR NOR AS AN ACCOMPISHED PUBLIC SPEAKER, BUT AS A SENIOR CITIZEN OF MERIDIAN. MY INSTRUCTIONS ARE TO SPEAK ONLY TO THE REQUEST FOR WAIVER OF FEES FOR THE HOME OCCUPANCY PERMIT FOR WHICH I HAVE BEEN ENOURAGED TO APPLY. TO THIS, I WILL SPEAK BRIEFLY AND TO THE POINT. SINCE RETIREMENT AND RELOCATNG BACK HOME TO MERIDIAN, I HAVE FOUND A NICHE THAT I HAVE TIME, TALENTS, AND FACLITIES TO FILL. THAT BEING THE REPAII2ING, REBUILDING, AND RECYCLNG OF HOUSEHOLD ITEMS. FOR THE MOST PART, THESE ITEMS COME TO ME IN DEPLORABLE CONDITION AND AS SUCH WERE NOT ACCEPTABLE BY YOUTH RANCH, D.L, ST VINCENT DE PAUL, NOR ANYONE ELSE. MOST, I AM ABLE TO RESTORE TO USABLE CONDITION AND THEN DISPLAY THEM ON MY FRONT DRIVEWAY. PEOPLE DRVING BY HAVE AN OPPORTUNITY TO VIEW THEM AND IF INTERESTED, COME AND INQUIRE OF THEIR AVAILABILITY. I USUALLY DISPLAY AN ITEM FOR NO MORE THAN TWO OR THREE DAYS AND THEN TAKE IT AWAY FORA TIME . IT APPEARS THERE ARE THOSE WHO THINK I AM GETTNG RICH AND MAKING A NUISCANCE OF THE NEIGHBORHOOD SO THEY HAVE COMPLAINED TO THE CITY AND CODE ENFORCEMENT ARRIVED AT MY DOOR AND FORCED THE CLOSURE OF MY ACTIVITIES. BEFORE WRITING THEIR LETTERS OF COMPLAINT IT MIGHT HAVE BEHOOVED THEM TO STOP AND ASK ME SOME QUESTIONS SUCH AS: I---DO YOU BUY THIS STUFF AND THEN RESELL IT 2-DO YOU REPAIR, REBUILD, AND RECYCLE THESE THINGS INTO RESUSABLES 3---DO YOUR NEIGHBORS OWN SOME OF THESE THINGS 4---DO YOU DONATE ANYTHING TO CHARITIES---IF SO-WHO AND HOW MUCH S---DO YOU DONATE ANY TIME TO HELPING YOUR NEIGHBORS 6---HAVE YOU HELPED YOUR CHILDREN AND GRAND CHILDREN FINANCIALLY---- IF SO HOW MUCH 7---HAVE YOU GIVEN ANONYMOUSLY TO NEIGHBORS IN NEED 8---DO YOU TRY TO BE A GOOD NEIGHBOR 9---DO THE NEIGHBORHOOD KIDS KNOW YOU THESE ARE JUSTA FEW QUESTIONS THAT SHOULD HAVE BEEN ASKED BEFORE TURNNG ME IN TO THE CITY FOR BEING A BAD NEIGHBOR. BY THE WAY, I WILL ANSWER EACH OF THESE QUESTIONS IN PRIVATE OR IN PUBLIC IF NEED BE! I'M SORRY, BUT I GET A LITTLE UP TIGHT WIIEN I'M TRYING TO DO GOOD THINGS AND THE PROPS ARE KNOCKED OUT FROM UNDER ME. AS A RESULT OF THE ALLEGED COMPLANTS; CODE ENFORCEMENT ARRVED AT MY DOORAND LOCKED THE GATE TO EFFECTVELY CLOSE DOWN THIS SENIOR CITIZEN FROM DOING GOOD IN HIS NEIGHBORHOOD. AS A RESULT, I HAVE BEEN TO PLANNING AND ZONING AND HAVE APPLIED FOR A HOME OCCUPANCY PERMTAND HAVE HELD THE HOMEOWNERS MEETING. THE RESULTS OF THE MEETING WAS OVERWHELMINGLY IN FAVOR OF MY CONTINUING DOING WHAT I HAVE BEEN DOING. THREE ATTENDED, FOUR LETTERS WERE RETURNED WTH THEIR APPROVAL, ONE NEGHBOR-WHOM I HAVE NEVER SEEN- DIDN'TRESPOND. ONE LETTER WENT TO CALIFORNIAAND NEVER RETURNED. THE OTHER WENT TO ST. ALPHONSUS MEDICAL CENTER AND NEVER RETURNED. ALL OTHER REQUIREMENTS ARE FULFILLED OR IN PROCESS WITH PLANNING AND ZONING. IN CONCLUSON I WOULD STATE THAT FROM THE GOOD I DO IN KEEPNG THINGS OUT OF THE LANDFILL AND THE BENEFIT I HAVE BEEN ABLE TO BE TO MY NEIGHBORHOOD, THERE SHOULD BE NO FEE FOR THE PERMIT. THANK LETTERS IN FAVOR OF MY CONTINUNG DOING WIiAT I RAVE BEEN DOING. FOLLOWING THIS INTERCHANGE, I WOULD BE HAPY TO ENTERTAN YOUR CONCERNS AS BEST I CAN. THANK YOU VERY MUCH. ~~~~ STANDARDS FOR HOME OCCUPATIONS STATEMENT OF COMPLIANCE UDC 11-43.21: Home Occupation: The following standards apply to all home occupation uses with the exception that strict adherence to the stnadazds contained in sections 11-4-3.21B, 11-4-3.21 C, 11-4-3.21E, and 11-4-3.21F in the T/N-C-and TN-R Districts is not required: AY In no way shall the home occupation cause the premises to differ from its residential character in the appeazance, lighting, signs, or in the emission ofnoise, fumes, odors, vibrations, or electrical interference. B. The home occupation shall be conducted entirely in the dwelling, and not more than twenty-five percent (25%) of the gross floor azea of said dwelling shall be used for a home occupation or for storing goods associated with the home occupation. Materials may be stored in an attached garage or storage area, provided it shall not reduce the r\equired off-street parking below the standard established for that district. C. W No activity connected to the home occupation or any storage of goods, materials, or products connected with a home occupation shall be allowed in any detached accessory structure. he home occupation shall not involve the use of more than one (I) commercial vehicle. E. ~' I"~ieTomeoccupation shall not have more than two (2) out-going pickups per day from a common carrier. F. % hom~OCCU ation s abducted by the inhabitants of the dwelling, and no more than one (1) nonresident employee shall be permitted. G. ~i'he home occupation shall not serve as a headquarters or main office where employees come to the site pp', and are dispatched to other locations. H. p~1"`"No retail sales shall be permitted from the dwelling except the sale o£ a) services or items produced or fabricated on the premises as a result of the home occupation; or b) products related to the home ,,pp occupation. I. ~9~Y° ff-street parking shall be provided as Section 11-3C-6 of this Title, in addition to the required off-street parking for the dwelling. J. 0'~` All visits by clients, customers, and/or employees shall occur between the hours of 8:00 a.m. and 8:00 p.m. Certification: I have read and understand the above standaras for the operation of a home occupation and certify that I will conduct my business in accordance with these standards. If I cannot meet these standards, I am not allowed this accessory use. Applicant's Signature: ~ "' Date: "`-' 3-0 i3~*v~ gQR1IISngD COURTESY OF: THLS FORM ESCROW TITLE & CORp• gBAD & APPROVED BY 14 CEIVED F. ,1D.. CNJ~O I~AYAfiPUER ~n~ec,IC1~l`Q 1-A - ° P n I : 5 :i I R~Cyft{C~Gplg7~ .• `FE[~~7Uy~7-S/~T C~ I F'aSc EYti`~{.e'e~~ d F ! G~ ~'EE ~ dpU QfJEf~UTpYQ • J3~QUJ~C:~ :, ~i N ~~ SPACE ABOVB TFIIS L7~FOR RBCO4 09D SK/SB Order N~•c 9908 W A~g~TY DEED ERNEST HEPPER AND BLANCHE HEPPER, FOR VALE ~ AIN SELL and CONVEZ' ur'to HL7SBAND ANN WIFE CLARENCE L• GRAN , AND does(do)hereby T B~HLJSBAND WIFE RIDIAN, IDAHO 83642 GRANTOR(S), ARA A. WHITE, moreparttculazly 1750 N. TEN MILE RD, ~ WHITE and BARB Counts' State of Idaho, whose cuaent address is: ADA GRANTEE(S), ro eriy ~ the following described real p P this described as follows, to wit: „A„ which by As set forth on the attached EXHIBIT reference becomes apart hereof. urtenances unto the said Ga ~ (fie azd remises, with their apP hereby covenant to an ~ AND TO HOLD the said P Grantor(s) does(do) . .that said pretenses ~ of s ~e ed TO ~ forever. And the said le of said pfenuses, ect and those mad > heirs and assigt~ slaze the owner(s) m fee situp is eXpressly made subj rights of way and Grantee(s) r~tcictions,• dedications, easements, ~sessments, that Grantor(s) which this c°ppeyanCe including u11Batton and utility d defend Grantee(s), EXCEPT those to .ect to reservations, wtll warrant an all encumbrtahne Grantee(s) i -and subj ~ .and ~sessments, and that Grantor(s) or done by if any) of r~Ord, and genee not~y ayable, agLeements, (~ which ar et due and P if any) for the current 1 ~ims whatsoever. ~•~ the same from all lawfu 1999 Dam; October 26 E T HEPPER ~/ BLANCHE~y~R FOR VALUE RECEIVED- ERAS T HEPPER AND .BLANCHE T~EPPy'' tI~USBAN~ p-h~ «F~ GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto CLARENCE L . WHITE and BARBARA A. WHITE, HUSBAND AND WIFE GRANTEE(S), whose current address,is; 1750 N. TEN MILE RD, MERIDIAN, IDAHO 83642 the following described real property in ADA County, State of Idaho, more particulazly described as follows, to wit: As set forth on the attached EXHIBIT "A", which by this reference becomes apart hereof. 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) islaze 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 yeaz, which aze not yet due and payable, and that Grantor(s) will warrrant and defend the same from all lawful claims whatsoever. Dated: October 26, 1999 E HEPPER ~j G~~O~~wcr ~s~ BLANCHE HEPPER STATE OF IDAHO ) COUNTY OF ADA ) On this a the day of ~R,ygmber , in the year of 199 9 ,before me, the undersigned, a Notary Public in and for said Sta~p,~'p~ersor'al~eazed ERNEST HEPPER AND BLANCHE HEPPER ,~,o •~~,......,~bPra,•~ W: J •. v known or identified 3o~te €tr b t~~ pQ'~drijs) whose name(s) is/are sus ibed to the with' ment, and acknowledged to me ~ ie/s~/t~ey~xeptthe same. ~W~ ~ w~.~•.. ~, O+U ~: y = Signa e. ~~~~~ e •°°•.°~3~LS '~ ~•'~~ Name: •°•••4pe, nee"~~, ~$'Pe or p[m~ Residing at: BOISE, IDAHO ~m$mw n~ mm~ ~ 3 o$F S a D@a m'u vT3~ nm g~~ ao~~ - ° m~so a - lma a3'mv on Ao08 o moan g a3c n 'a o £,'^ ~8°~ ry 3GN ~Y m Zv ~ n m ~ i N O m W A W J ~`e^ Tp'~: M3, N ~~~ A e ~~i t~0 "~~ ,t.-~ia: m~ \V \V NEIGHBORHOOD MEETING AT 1750 N.TEN MILE RD. MERIDIAN, IDAHO DECEMBER 1, 2009 Np,ME ADDRESS ~~n~~5 ~~~/~ / / l~/V ~~LC~/ ~ /V lr~v~,~~uv~~~ ~es7 ~~~s~~,ti~ ~Pr, COMMENTS• RE MR LEE WRITE RUNNING HIS REPAIR. REBUILDING. AND REnCYCLING BUSINESS OUT OF HIS HOME REPAIIR SHOP. l~~nv~~`5 Cbc~J ~~C „ -L )nP^V~ 1)~ ~r2~ Ib~~2 n'l W ~ ~i ~~'C ~'a,'l f~~n ~l/rb -=~ /~ ~O 1 /f~t~~ y2 ~~ i3L~ Li,e1 tiJ, i~ l~/t ~' 3 ~~.~/' Gin r0 ~ ii ~/~, . ~ ~ .g ~o.r~d> i ~~A-c~ ~~ c r-c,~/z- ~~~twr. a c.c.w c ~m ~ ~~i Ui y L'7~ ~ ~~ ~; a--~~,- ~fz` Ca .v/J 1 ~ e v,v.~ C. ~ ~ t ~ ~~ 2u-~- ~ l i~a eZ ~y ~v,~c5, !'~ L~o~/~ FfS Y12f2 L,~lti ~ cSC~~S 1 ~fz`S 1c~J1~5 1~-T %!f£ /~~~ l ~~'zitJG~ / fl-~dJ c5ltO4c.~ ~`1~Li ~/D ! i'1--~-5 C ~ £ /~! S~I-L ~ 12`~S ! ~D S-/r~Gt ~ /~~ G~ h/ ~ L C ! U v+/,4[~ [,{_S /L /~~1ZvoL L[ ld ~ JQ~~J v ~L~~. ~~~~ 0 0 N O O W H Q p ; ~. ~r ~ ~ e M l~ ~ x~ ,~ ~ - ~~: ~ ~ ~I ~ - ~ ~ ~ a ~ ~ k ~ ~ I +~~ ~~ ' 6' i d I _ Y ~ ' ~ _~ ~ - ~ ~ # or "~" " - ~ ~ ~.. :r a ~F i p2.~ ~ ~ ~~ ~ i 2: c_ - ,~ ~ ~~ ` ' , - ~~_ t~ ss , ~ ~ 1 : jl ~ ' ~ I F ~ ~( z ~L~? 4 c~ c : i3 '~ i -7 ~ ~ >~ .. '..~r a~ ~ '. [ f ~ ~ F 9 v '~ j e d~~ $~ ~ ~ ~ ~ ~ ~! A 3 r { 1 a : i tr ~ ~ 1 ~€'~ . ~ + a a '~ ~~ ~ i t } h r Y S- ~` ~ y+ 2 -~ F~w~Liaw ,.rs ~ q 3" ~~.. x-a~F Y-- i~ Tyne wy ~ ~ i'4'r'~f t ~~ 1 "K f~. I 4 ~~ 1 ~. ~ S Y~.1 'z-'3 x - '~ iM ' ~ 1 rx ~ ~ _ .C t-a't'4 tr aka . v ~v-o- ~., p ~, _ w ~ ~ n 3_~ 4t ws 1 LI i ~~iQ/rE IDIAN#:-- 1~A~a Planning Department ACCESSORY USE ~ Application Checklist rHNk' - ~a ~ `'`C ~~1 APPLICATION WILL NOT BE ACCEPTED UNLES5ALL ITEMS ONTHE CHECKLIST ARE SUBMITTED. 33 E. Broadway Avenue, Suite 210 Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridianciTy.org (Rev. 2''?5,'09J All applications aze required to contain one copy-of the following: ~ t K ~¢'~. ii U ~~~i~r/ 4 __ - f:c - C7 j - - - ... -- - - - -- -- _ - _ _- r .-~ ) V Y ~~ i U II I~ a- ~vt ~ l~ his r-o M i 7" 1 w i'i.V /'ri ~c~s Govn~ is vu.o~ C~lienZ~~ov~ i~d Ines b~~~ 7"oid Th~T h~ L i~1'l o~~©,~T ~~ v- d h u, s i r e n s fh ~~l" n~ ~ s'T ~ !v S 1.Jhi~tei~~,~r ~~cLS©~ Thcs hips T"~~~,s4~~r~.d, Ll1 lr" l~f,.~ `?r1/ lv ~;7 j11 f s° T.} i ~ (,L, T~1 v f1 r !~e~s T.~!~,~ ~~ecui ca-v~~ c~ t S ~ 1 i~.y e d i7 i S ~`~ e u~ t: v~ cz ~ ~ i s ~ J u.~n i.{~[ b u-, I N e l l Q.'n ct U V~ ~~ w 1 y x- ~ 6~ ~ G~J* v ~~ 6ti rr C e.. N. ~; ~~~ s 1T~ 1.~~-5 neu~.v~ i~ e_ ~~ 7 .Mw ivh~i~. (iiC~s I~ ia~ busy Q,-ld is ~lc~~vs l'v! c~ rz. ~nd C: U _~ S (d ~ u-~..T~ ! n T ~^/ i 'v! a ~v h ~ i ~ o7"h~a-5, r ~~ i~ ~ r ~~ ~.~ q (~v'~v fU 1 C Yl /1~1 L I ~ ~(cf . l~ r7 ~~ Try 1Jese ~(~1'~~ L, l~e~.~&~acr~ c 3&11 f/ 6YvvrlrrroEC€ Dr~~e .~S<er~%~%cs~e PD ~Sd~b' ~o ~ho~€ it I~ay Concern: RE: Lee V1/f~ite ... Horne Business Operations Closure As a nearby resident to fl.~r. White,_ I am concerned that there is a movement afoot to close his business ventures at his present and seemingly adequate home location. I submit that, if Lee White obtains a val'€d license, and has reason to do so, that he is providing the community with a service that is both honorable and essential to those he so effectively and congenially serves. Nis premises are always neat and tidy. Nis front yard has ample provision _ far easy and safe customer entrance and exit that presents no major problem to local traff'sc. To shut down such a service flies in the face of one's rights to make `an honest living; or to pursue a worthwhile hobby°. In my view it would be a mistake on the part of the City Fathers to take such action. Mayl further suggest that there must be hundreds of ind'€viduals, or groups, in the Treasure Valley, that are presently conductEng business operations in their place of residence. Wfll these people also be facing any current, or future actions, to cause closure of their business ventures? .... If not.... why the exceptions? I trust that yeu may reconsider Mr. lNhite's case and act in a sense of fairness to all parties concerned. yours truly, , /~r v /`"~ --------- - - November 20, 2009 To whom it may concern, This letter is in reference to Mr. Lee White. Mr. White is a talented and generous man. He can fix and refurbish anything. He uses his limited resources to provide for his sweet wife and help many other families. ' Mr. White maintains his property to exacting standards, and while he does use signs to sell items that he has made or fixed, they are neither garish nor offensive. My wife and I Drive by and notice that, like others in the community selling produce, nuts or even worms, Mr. White is resourceful, especially in these times of economic difficulty. Mr. White is one who notices others in need and does not hesitate to help. He not only gives freely, he teaches so that those in need can learn to do for themselves. Meridian, Idaho would be well served if there were more people like him. Sincerely, ~~ David W. Moorhouse November 18, 2009 City of Meridian To Whom It May Concern: This letter is in regards to our neighbor at 1750 Ten Mile Rd, Meridian Id. He was shut down by the City for selling items at his garage sales:. With the economy with the way it is and what income he made, probably helped with his finances.. Plus, he enjoyed doing what he was doing and the people liked it.. He was not hurting anyone and we would like to see him back in business.. It gives him enjoyment and we all enjoy visiting with our neighbor. Please let him resume his yard sales. Thank you for your time Wayne Labtum ~ Carolyn Labrum C/1/d, ~~i~ ~/~ November 22, 2009 Donna and Stephen Gagin 2857 W. Kandice St. Meridian, ID 83646 (208) 887-4992 sdcaapin(rDmsn.com To: The City of Meridian We are writing in regards to Lee White, who resides at 1750 N. Ten Mile Road. ' Our concern is the recent complaint against Mr. White selling items from his front yard. We are aware that people living on the west side of Ten Mile Road have complained about this practice and have petitioned the city to shut it down. We live in Sunburst Subdivision, which is located on the other side of Ten Mile-Road. We consider Mr. White our neighbor and we see nothing wrong with him selling items from his front yard. In the past we have bought Merchandise from Mr. White and have also given him items to sell. He has offered his property to children to sell their unwanted items. We see him as an entrepreneur who does our community a service. The complaint about him engaging in excessive yard sales than the city allows a year is ridiculous. Mr. White displays a few items at a time. He does not have tables set up in his driveway and garage each week. Cars are not parked in front of his properly, causing a nuisance to people driving along Ten Mile Road. We drive by his property everyday and are not offended by this practice. We believe his property is well kept and not an eyesore to the community. We find it highly offensive that someone would complain about his small business and try to shut him down. This retired gentleman takes old items, repairs them and offers them up for sale, many items that might otherwise end up in the landfill. We ask that you leave this man alone and allow him the freedom to sell items from HIS properly. 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T; ~ ~nn__ __~_h<u-~- _d~o~ ~ nr_5h~u-1~ ~ v~ - __ ------ Dear Mayor and City Councilman, November 17, 2009 Re: Homeowner at 1750 Ten Mile, Meridian Mr. and Mrs. White I have chosen to write this letter of disappointment and frustration to you because I know that many of our neighborhood homeowners will not do so for lack of time and interest. I have lived in the Meridian azea in question for over 18 years. I represent many families who share my same opinion. We aze displeased with how this family has been treated and singled out as a nuisance to our neighborhood and community. The Whites are an asset to everyone who knows them. Their thriftiness, compassion, work ethic, kindness, and integrity to evervone in our community aze the epitome of what we would wish every neighbor would be. Why would the City Council spend their time~closing down such a family? I am sure our tax $ could be spent working on other cases that have criminal intent. We delight in seeing our senior friends being healthy, productive and contributing to our society. They are role models to all who have come in contact with them. There is a niche for what services they offer. Many times it is to help supply household items that homeowners would not other wise be able to afford. Other times they offer repair services. His knowledge and willingness to help others out at a fraction of the cost is refreshing in these trying times. We a}1 need a break. Mr. White is the kind of gentleman that needs our support and we need him back in business. He maintains a beautifully manicured home and respectfully cazes for those articles which are in his care. Many will never come to know a finer family if you shut him down. Please rethink this decision. Sincerely, ,^ 1 ,~tiG~ C._ ,/~` Juli & Dave Hernandez 2853 N. High Desert Way Meridian, Id 83646 \_, q~~e /`15Z ~~ f?Z~Le, ~~~ ~~~ any, ~-~ _,~~~ ~~ ~~.~ _ ~ -~. ~.n~,~~~ ~~~~~~ __ ~ %-~ /tee a. ~ ~n<_ ~~ ,~, , ~'_ _~ ,arii2 ~1-u?n~ i---Luo» z~~. C'_~.~,r~c~ ,,~-, :r _ __. `~ ~GU-4i/fir ~„G.~ ~~u~ ci~izu~r ~ /i!~vz~~~.~rn~ _. - _ ~ _..`~1~~_ ~ ~~n ~~2~ ''124 ~ `~ CLr2,~ ~~ ~[ ~u~ ~y .~~,~, __ 36 4~.~ ~. rnti2a C~ ~~7-~~7~ ~. _ _ .. `..;, _ _.y November 17, 2009 To Whom It May Concern: Several times allay as I drivelbike/walk/scooter my kids to school we go by Mr. Lee White's. house at 1750 Ten Mile in Meridian. We enjoy looking at the birdhouses, shovels and vazious items or creations that he has made or set out in front of his house. If Mr. White is outside he always has a friendly wave hello and likes to talk to and tease my kids. The other day I drove by and there was nothing out in front of his house. What a sad sight I thought. Then, I saw a sign that the City of Meridian had shut him down. Shut him down for what I wander? Shut him down for the three R's that I teach my children....reduce, reuse, recycle? Do you realize how maay items he has kept from being dumped in our landfill? We aze a prime example. Our neighbor had a dresser that was only a few years old, it had six drawers but his son broke one of the drawers and they didn't want it anymore, so we took it as they were going to take it to the dump. We figured we would donate it, but not one single Youth Ranch, Goodwill, Deseret or Smart Vincent, etc. would take this dresser because of the one missing drawer regardless of the fact;tllat it was less than five years old. Instead of taking it to the dump we took it to Mr. White. Several weeks later there it was, sitting in front of his house with a brand new drawer he had made, good as new. My kids were excited that the dresser was getting a second chance and I was happy to see that Mr. White had done such a good job to fix it. It's too bad in this day and age of "policies and procedures and rules that must be followed" that there can't be a few exceptions. But if there was ever an exception to be made, I believe 1750 Ten Mile Road should be it. cerely, ~~ ~h~ To and Joselyn.Overby 1724 N. Man O Waz Pl. Meridian, ID 83646 Hearing Date: February 28; 2012 File No.: AP-12-001 Project Name: White, Lee Request: City Council's review of the Director's denial of an accessory use permit (AUP- 12-001) for a home occupation for Lee White. - Location: 1750 N. Ten Mile Road in the SW '/< of T. 3N., R. 1 W., Section 2. ~~