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HomeMy WebLinkAboutGalushkin, Marina AUP-04-016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of In the Matter of a Request for an Aceessory Use Permit for a Family Childcare Home for Five or Fewer Children in a R-8 Zone for Marina Galushkin. Case No(s). AUP-O4-016 For the Planning and Zoning Commission Hearing Date of: JaB1I31"3' 4, ]994 fttlZUáÞ!/ ð¡ ZOOç A. Findings of Fact l. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the Planning and Zoning Commission public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record abutting the external boundaries of the property. The notice of public hearing before the Planning and Zoning Commission was posted upon the property under consideration more than one week before said hearing. The matter was duly considered by the Planning and Zoning Commission at the January 4, 2004, public hearing. The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Meridian City Code §§ 11-9-4 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report for the subject application, it is hereby verified that the property owners of record at the time of issuance of these findings are Aleksandr and Marina Galushkin. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for this application. B. Conclusions of Law I. The Meridian Planning and Zoning Commission takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AUP-04-016 - PAGE 100 2. The conditions shall be reviewable by the Planning and Zoning Commission pursuant to Meridian City Code § 11-9-4. 3. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 4. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 5. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 6. That this approval is subject to the Legal Description in Exhibit A, the Conceptual Site Plan, not dated, as shown in Exhibit B and the Conditions of Approval in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Planning and Zoning Commission's authority as provided in Meridian City Code § 11-9-4 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's AUP Site Plan is hereby conditionally approved; and 2. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a fmal action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by this decision may within twenty-eight (28) days after the date ofthis decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. Exhibits E. Exhibit A: Exhibit B: Legal Description Exhibit C: Approved Conceptual Site Plan Accessory Use Permit Findings CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). AUP-04-016 - PAGE 2 00 By action of the Planning and Zoning Commission at its regular meeting held on the 3':!!:. day of /:e6rkfVL1- ,~ 200S- COMMISSION MEMBER DAIVD ZAREMBA VOTED~ COMMISSION MEMBER KEITH BORUP VOTED 1-'0 COMMISSION MEMBER DAVID MOE VOTED~ COMMISSION MEMBER WENDY NEWTON-HUCKABAY VOTED~ COMMISSION MEMBER MICHAEL ROHM VOTED~ /' -:J Attest: and City Attorney. By:J~ City Clerk . Dated: 2- I ~ . 0 ç CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AUP-O4-016 - PAGE 3013 EXHIBIT "A" Legal Description Galushkin Daycare (AUP-04-0l6) Lot 11 in Block 4 of Finch Creek Subdivision, according to the official plat thereof, filed in Book 70 of plats at Pages 7218 and 7219, and as amended by affidavit recorded December 6,1996 as Instrument Number 96100255, Records of Ada County, Idaho. EXHffiIT "B" Conceptual Site Plan Galushkin Daycare (AUP-04-016) EXHIBIT "C" Accessory Use Permit Findings Galushkin Daycare (AUP-04-016) Fami1v Childcare Home Standards fMCC 11-9-4B2)- The following standards are listed as minimum requirements for the establishment of a Family Childcare Home: a. Secure and maintain a childcare license trom the Idaho State Department of Health and Welfare, Childcare Licensing Division, if required. b. Acquire an occupancy certificate and/or building permit. c. Provide one off-street parking space per employee which may be in the driveway of the home. d. Provide for child pickup area located off of arterial or collector streets. e. Provide for screening of adjacent properties to protect children trom adverse impacts and to provide a buffer between properties. f. Provide a fence of appropriate height/construction, to enclose play areas, protecting children trom traffic on arterial or collector streets. The Commission fmds that all provisions ofMCC 11-9-4B2 will be met. Home Occunation Standards IMCC 11-9-4B3)- The following are listed as minimum requirements for the establishment of a Home Occupation: a. No persons other than members of the family residing on the premises shall be engaged in such occupation, b. 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. c. 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 etectrical equipment shall be installed or maintained other than such as is customarily incidental to domestic 'use. d. 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 Title and shall not be located in a required tront yard. e. 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 a single-family residence or outside the dwelling unit if conducted in other than a single-family residence. £. In no way shall the appearance of the residence be attered nor the occupation be conducted in a manner which woutd cause the premises to differ fÌ'om its residential character in the use of construction, lighting, signs and in the emission of noise, fumes, odors, vibrations or electrical interference. The Commission fmds that all provisions ofMCC 11-9-4B3 will be met.