HomeMy WebLinkAboutKristi Richmond AUP
8
Mayor
ROBERT D. CORRIE
HUB OF TREASURE VALLEY
A Good Place to Live
.
Council Members
CITY OF MERIDIAN
LEGAL DEPARTMENT
(208) 884-4264
CHARLES ROUNTREE
GLENN BENTLEY
RON ANDERSON
KEITH BIRD
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 . Fax (208) 887-4813
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: JUNE 2. 1998
DATE: MAY 18,1998 HEARING DATE: JUNE 9,1998
REQUEST: ACCESSORY USE PERMIT FOR HOME CHILD CARE
BY: KRIST I RICHMOND
LOCATION OF PROPERTY OR PROJECT: 2311 MONACO WAY
- JIM JOHNSON, P/Z
_MALCOLM MACCOY, P/Z
_MARK NELSON, P/Z
_BYRON SMITH, P/Z
_KEITH BORUP, P/Z
_ROBERT CORRIE, MAYOR
_RON ANDERSON, CIC
_CHARLIE ROUNTREE, CIC
_KEITH BIRD, CIC
_GLENN BENTLEY, CIC
_WATER DEPARTMENT
_SEWER DEPARTMENT
_BUILDING DEPARTMENT
_FIRE DEPARTMENT
_POLICE DEPARTMENT
_CITY ATTORNEY
_CITY ENGINEER
CITY PLANNER
PARKS DEPARTMENT
_CITY FILES
. TRANSMITTAL
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO. (PRELIM & FINAL PLAT)
U.s. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
IDAHO TRANSPORTATION DEPARTMENT
YOUR CONCISE REMARKS:
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CITY OF MERIDIAN
33 East Idaho Street, Meridian, ID 83642
ACCESSORY USE APPLICATION
APPLICANT: /-1<r ,'s + 1- .=Q : c h ""'- () Y\ (-;/
(Owner or holder of valid option)
ADDRESS: R 3) 1 (Y\ C\ r\ ÎJ (' ù WG...j
GENERAL LOCATION: S. E", r ('Îv'\e of C"> f Mð< Y\ () <'- 0 / C hr:t feCi l..-\
Phone: 31-!l- 't;;J./,{
LEGAL DESCRIPTION OF PROPERTY (Attach description if lengthy):
Lo+l...~
~ I ev'\ n -f \-e.!d
(Ý\G1v\()f
:ti 94 63 /50 9
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:. r,¿O<tc.f€S
ZONING CLASSIFICATION:~
VICINITY SKETCH: A vicinity map at a scale approved by the City showmg property lines,
adjacent uses, streets existing and such other items as the City may require. Also include a site plan
showmg 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 comer fÌ'om
property, including where a street or alley is between your property and the other property, (This
jnfonnation will be provided by City of Meridian.)
DESCRIPTION OF REQUESTED ACCESSORY USE:
t:~; It-r'b y
C_t¡Æe~- - _t:::.. o{'
1-<= vJ e ( C Wd f"(" V\
FEE: $80,00
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1.
Use made of all abutting lots or parcels: ~ ," V"'\ ~ \e
h"";)y,/RpSiolPV\('P
2.
Are there other accessory uses of a similar nature in the area? If so, state the lacatian and the
accessory use: U Y\ 1:: \'\nw Y\
,
3.
Passible adverse impacts on adjacent property such as noise, traffic, excess light, odor,
etc.: --'-h.€ rE' ,.s q -Pf'Ó'I C (Ú C\ ro 41'1 r:! ~r pv 1- y
4.
DO' you agree to' pay increased sewer, water ar trash fees if such are required due to' increased
use? '{eC)
5.
If the accessory use includes construction af a building on the lot or parcel, camplete the
fallowing: N(A. ,
a. - Will all parts of the accessory building be located within the lot ar parcel?
b,
c.
d.
e.
Is the primary building already constructed?
Is the accessory building to be attached to the primary building?
Will the accessory building be constructed in the rear yard of the primary building?-
Will the accessory building occupy less than 40% of the required rear yard far the
primary structure?
If the answer to' the above is no, will the accessory structure be cannected to the
primary structure and will both the primary and accessory structure then meet all yard
and caurt requirements?
Does the height afthe accessory building exceed 15 feet?
If the lot or parcel is zoned commercial, is any abutting property zoned residential and,
ifso, will the accessory use accupy any of the ftont yard?
f.
g.
h.
6.
If the accessory use is for a Family Child Care Home, complete the fallowing:
a. Is a State ofIdaho basic day care license reqUÙ'ed far this type affacility? ~\Jh
If so, attach a copy afyour license.
Have you applied for or received an occupancy permit? rJ()
Ifsa, attach a copy of your applicatian or permit.
Is one off-street parking space per employee provided? A.) / A
If the home is located on an arterial ar collector, is an off-street child pick-up area
provided?~e5
Is screening of adjacent properties provided? '-Ie S
Is the play area for the children fenced ITam streets and neighbors? \/ e 50 '
If so, what is the fence height and type of canstruction? 1,1 11 1/ (' ka:;-.. J ' r1 k.
&, I wooo\
If the accessory use is for a home occupation, complete the following:
a. Are OIÙY family members residing in tb~ prin.::ipal residence? 'i e s
b. Is the use afthe residence as a home occupation incidental and subordinate t? its use -
c. ~~ :~~~::: ?~~J~~:~t~j ::~~~~:~~~~~;~:;~~;~¥:Ü::~e~i_.de ~-~~e-
b,
c.
d.
e.
f.
2
8
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d.
Will any item be offered for sale that is not produced by the dwelling occupants of the
. ? '
premIses. II )r, '
Will mechanical or electrical equipment be installed or maintained other than such as
is customarily incidental to domestic use? rJr,
How much traffic will be generated by the occupation? 3- 5" !!.M5
Will off-street parking requirements be met? Y p S
Will off-street parking requirements be located in a required front yard? 'Ie..>
Will equipment or processing create noise, vibrations, glare, fumes, odor, or! electrical
interference detectable to the nonnal senses off the lot? vi } ()
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? ^) (\
e.
£
g,
h.
1.
j,
I hereby certify that the information contained herein is true and correct.
~" ;7
SIGNATURE ,/ -4 --4-q J' -<êÞf!~ -AJÆ-c /
SOCIAL SE~T NO.: 5í9- // - <.,;;?/,S9
DATE: 5- / - 9 Y /
STATE OF IDAHO)
County of Ada)
ss.
On this \"'fb -\- day of ~ c... '( , 199'b, before me, the undersigned, a Notary Public in
and for said State, personally appeared ~v;~\-", \), ~ <:':~'--"1:>,~~known, or proved to me, to be
the person(s) whose name(s) is (are) subscribed to the within instrument, and acknowledged to me
that he/she/they executed the same,
IN WI1NESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day
and year in tills certillc,ate first above writt\;-- ç-.~ .
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CONSENT
We hereby consent that our home located at 2311 Monaco WaYr
Meridianr Idaho may be used as a Family Day Care (five or fewer
children) by our tenantsr Troy & Kristi Richmondr during the period
of their tenancYr subject to the terms of our Lease with the
Richmonds dated April 17r 1998.
DATED this cd.-Ù
day of Aprilr 1998.
~~~~
Gordon Schoenfeld
b clv-Bj
enfeld \
~
Subscribed and sworn to before me this
1998.
~o
day of Aprilr
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~~~
OT Y PUBLIC
RBF\schoenco.con
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NOTARY PUBLIC
..uua H. NELSON
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May 13, 1998
RECE~D
MAY 1 8 1998
CITY OF MERIDIAN
PLANNING & ZONING
To: Shari Stiles
Zoning Administrator
Re: Objection to a Family Child Care at 2311 Monaco Way, Meridian, Idaho
I live across the street from this address, therefore, I object to the operation of this Family Child Care.
My objections are as follows:
] " It would create additional traffic problems in this neighborhood, which is already a problem for this
area.
2. The noise level would also be increased due to this type of activity"
3, Devaluation of my property,
Please consider the above concerns regarding this operation"
\~\~~ d ~ z-- à Q) t II ( OJ'\ l~
Mildred Williams
2281 Monaco Way
Meridian, Idaho 83642
8
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NOTICE OF APPLICATION
NOTICE IS HEREBY GIVEN pursuant to the Ordinance of the City of Meridian
and the law of the state of Idaho, that Kristi Richmond, 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 2311
Monaco Way, Meridian, Idaho. 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, 200 East Carlton, Suite #201, 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 2311 Monaco Way is more particularly described as Lot 4, Block
4, Glennfield Manor, Meridian, Ada County, Idaho,
- .
Any and all interested persons are welcome and invited to submit comments.
DATED this 6th day of May, 1998,
d~ ~#b
SHARI STILES, PLANNING AND ZONING
ADMINISTRATOR
PUBLISH May 8 and May 12,1998.
APR-27-96 11:55 AM
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DEED OF TRUST
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TIllS [)f:[D 01; lR1:ST ('S.:r;::~:':, r;-~t/"l.JIIH'III') I~ IrHldG em APRIL 04 . 1994
GORDON E, SCHOENFELD .L\ND .)1,,0' K, SCHOE~~FtL[). HU~r.^Wì M;D WIFE
, Th~ ~({"H""r i~
("Burrow!.:r"), Till: tru~.r~(! is PIO~~E~p, HilF. CO~~PANY
("Tnl'~\"cJ, T1~ bl.'l1l.'n~'i;jY i~ NOR',.,'~S~" MCRTGA.G~. mc.
\~hiçh j~ ,)rgani/cd ¡In.! l.:,ti'IÍJ'~ ur\,~~ ~~"~ ;;!....~ of THE STATE or /1ItmESOT^ . 1!n.,J \\i1'JJ~
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mon¡~¡l' P:JYIIII,;fIlS, with lh~" t~il ;:';.." :; 11">[ pail! ':,Irh;õ, JI.I~ an: P<::-Jhk WI tMY 0'1, 20;¿/)
Thl;, Sc(;IHi(>, ImtrlJ1l"1r.:nt S:CU:" :: :.~!'"\~<:r" (;1) rll\: t<.:p¡,:n1<.:r¡! c,t 1/'," '~eh[ ~'I<Jcril,\:d t',' tIll': :"11":. v.i.h il1lct\:,I, ¡¡nJ ;:1; rL":iC'¡,;ds,
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prOltll ¡II<: «:(:llri¡y of ¡hj~ SL.C'~'::> j¡~StnJlleJ)l: ilr:c! "CJ Il1e f1t¡f""n;t!\i.\: of U,.[f1)'.\(:f,<; C:I)..,:I);,~¡(~ ¡¡r:J ;I,~~I:L'm':nl, <1::<1':1 !hi~
Sc(;uri¡v In,!¡'u,¡\t.:I1[ :lIId If:\: :--;C)!,' ¡.,;: ¡:-th HHpO\e, F.~l':")WL": ifte',1>";hi\ I:ritll!\ ¡\r."~ ,"'III'\'" [I) T;I,~I<.'\~" in Ir\!~t. willi pu'...'..r or
~:II¥ 11:<.: ftJJlo.....in?lk~cribtd ¡;ri'"'I":'" :,:!~';lIed ìn ADA . . . r'J!I';r, , Ilb)I'!:
La, 4 LN Bl.OI..K 4 OF \,)L:\',;"It::t.f) MANOR r~1,8DIVIsroN, ACCOf<DH~r.J ro .
THE PLAT lHfRfOf, FILEC :~. BOOK "¡5 OF PLATS AT PAGeS 31)7~ A\"
3677. RECOhDS OF ADA C:,.',"(, IDAHO,
THIS IS A ~URG~ASE I~'j',:. StCURITY rNSTRl'HE~n.
TAX STATE:1EN'!~; SI:Í):jl,,[ ~: ,)ENT TO: NOR';IEST t10RïGAGE IrK,. F,'J,
BOX ~d37, DES /10¡t[5, :.: 50]f)6?13ì
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8
** TX CONFIRMATION REPORT **
AS OF
8
MAY 18 '98 11; 49
PAGE.Ø1
CITY OF MERIDIAN
07
DATE TIME TO/FROM
05/18 11:49208888 1097
MODE MIN/SEC PGS
EC--S 00' 32" 0Ø1
CMD:I STATUS
202 OK
--------------------------------------------------------------------------------------------
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, that the Planning and Zoning Commission of the
City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho
Street, Meridîan. Idaho. at the hour of 7:00 p.m", on June 9. 1998, for the purpose of
reviewing and considering the application of Kristi Richmond, for an Accessory Use
permit for land located in lot 4, Block 4 of Glennfield Manor Subdivision, Boise
Meridian. Ada County, Idaho, and which property is generally located at 2311 Monaco
Way. The Application requests an Accessory Use Permit for the operation of a Family
Home Day Care for five or fewer children out of her home.
A more particular legal description of the above property is on file in the City
Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection
during regular business hours.
A copy of the Application is available upon request. Any and all interested
persons shall be heard at said public hearing and the public is welcome and invited to
submit testimony.
Dated this 18th day of May, 1998.
d!~,9~
WILLIAM G. BERG. JR, CI ERK
PUBLISH May 22 and June 5,1998,
8
Sheet1
8
Parcel # Name Address City Zip
R3161200375 Schoenfeld Gordon E and Judy K 2311 Monaco Way Meridian 83642
R3161200335 Williams Mildred C 2281 Monaco Way Meridian 83642
R3161280070 Boodry Robert and Margarette 2384 N. Glennfield Way Meridian 83642
R3161200120 Bunch Steven and Shannon 1894 W.Tracy Court Meridian 83642
R3161200085 Cawley Eric and Holly 1911 Tracy Court Meridian 83642
R3161200265 CChorchi Watari Brian. Moore Julien 1907 Chateau Drive Meridian 83642
R3161200345 Hill Mark Wand Jana L 2241 Monaco Way Meridian 83642
R3161200340 Rucker Jean M 2261 Monaco Way Meridian 83642
R3161280020 McMillin Dennis H and Mary A 2254 N Glennfield Way Meridian 83642
R3161280030 Smith Scott A and Tracy J 2286 N" Glennfield Wa..y Meridian 83642
R3161280040 Eamon Robert R Jr and Karen J 2041 W Chateau Dr Meridian 83642
R3161280050 Cutler Robert E and Judith R 2352 N. Glennfield Way Meridian 83642
R3161280060 blsen Glen P and Tavvna 2368 N. Glenndield Way Meridian 83642
R3161200370 Hahn Thomas Wand Shari L 2351 Monaco Way Meridian 83642
R3161200365 Pineda Juanita 2371 Monaco Way Meridian 83642
R3161200360 Perez Samuel Jr and Lori M 2381 N. Monaco Way Meridian 83642
R3161280080 Stout James Rand Kristie M 2379 N Glennfield Way Meridian 83642
R3161280100 Silbaugh David H and Norma J 2239 N. Glennfield Way Meridian 83642
R3161280110 Ritacco Anthony John and Melinda D 2277 N. Glennfield Way Meridian 83642
R3161280120 Hill Jack Rollins and Dona Lee 2301 N" Glennfield Way Meridian 83642
R3161280130 Boston Terry I Jr and Tina L 2073 W. Chateau Dr Meridian 83642
R3161290050 Poulard Michael G and Kathy J 2117W" Chateau Dr Meridian 83842
R3161290010 De Weerd Jan Willem and Tammy L 2090 W" Chateau Dr Meridian 83642
R3161280090 Meade Vincent P and Lydia M 2064 W. Chateau Dr Meridian 83642
R3161200280 Rucker Gerald D 1980 Tana Ct Meridian 83642
R3161200285 Pitti John Joseph 1950 Tana Ct Meridian 83642
R3161200290 Beehler Douglas A 1920 Tana Ct Meridian 83642
R3161200275 Breiner Leonard D and Mary E 2272 Monaco Way Meridian 83642
R3161200270 Schnebly Douglas L and Elaine 1937 W Chateau Dr Meridian 83642
R3161200260 Heintz Joseph A and Kelli S 1895 W, Chateau Dr Meridian 83642
R3161200000 Drake Scott 1870 W, Chateau Dr Meridian 83642
R3161200065 Garrison Robert Wand Anne C 1890 W Chateau Dr Meridian 83642
R3161200070 Lewis Jeffrey Sand Weslianne 1910 W Chateau Dr Meridian 83642
._-
R3161200075 Jones Eldon Leroy and Lori Ann 2312 Monaco Way Meridian 83642
R3161200090 Larson Cari 1891 Tracy Ct Meridian 83642
R3161200080 McBaine Donald 1931 Tracy Ct Meridian 83642
R3161200125 Young Bradley R and Dana C 1912 Tracy Ct Meridian 83642
R3161200115 Winberly Donald E and Rosemary L 1884 Tracy Ct Meridian 83642
R3161280010 Ridgway Jimmy A and Regina T 2230 N. Glennfield Way Meridian 83642
R3161200350 Vogt Ronald Land Mrchefle A ,2211 Monaco Way Meridian 83642
'"
R3161200095 Lamkey Allen andLeri 1816 Tracv Ct Meridian 83642
Page 1
e
8
NOTICE OF APPLICATION
NOTICE IS HEREBY GIVEN pursuant to the Ordinance of the City of Meridian
and the law of the state of Idaho, that Kristi Richmond, 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 2311
Monaco Way, Meridian, Idaho. 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, 200 East Carlton, Suite #201, 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 2311 Monaco Way is more particularly described as Lot 4, Block
4, Glennfield Manor, Meridian, Ada County, Idaho.
Any and all interested persons are welcome and invited to submit comments.
DATED this 6th day of May, 1998.
d~ Jf/b .
SHARI STILES, PLANNING AND ZONING
ADMINISTRATOR
PUBLISH May 8 and May 12, 1998.
(4)
(5)
(6)
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No accessory building or structure shall occupy more than forty
percent (40%) of the area ofa required rear yard.
,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. .
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)
(b)
(c)
(d)
(e)
(f)
The height shall not exceed fifteen feet (15');
No detached accessory building shall occupy any portion of
the front yard setback for a lot with a non-residential zone, if
such lot has a common lot line to another lot zoned residential;
UndergrOlmd fallout shelters may be located within five feet
(5') of any property line and shall be exempt from maximum
lot coverage requirements;
No part of an accessory building on a comer lot located within
twenty-five feet (25') of an adjacent residentially zoned lot
(either directly or across an alley) shall be nearer to such
adjacent lot than the least depth ofthe 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;
Covemge of rear yard by accessory buildings shall not exceed
twenty-five percent (25%); and
No accessory building or portion thereoflocated in a required
rear yard shall exceed fifteen feet (15') in height.
Family Child Care Home Standards: It is the intent of this provision to
provide for accessory fiunily child care homes which will not adversely impact
surrounding properties due to children's noise, traffic and other activities, and
which are located away from and properly screened from adverse impacts to
the health, safety and welfare of the children. The following conditions shall
apply:
b.
(1)
Secure and illaintain a child care license from the Idaho State
Department of Health and Welfare-Child Care Licensing Division if
required;
c.
2.
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(4)
(5)
The use shall be considered as a conunercial use.
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, ifnot 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)
Group child care homes and child care centers are not accessory uses and are
regulated as conditional uses. (See Section 11-2-418 for conditional use
procedures. )
Accessory Use Standards -
a.
Accessory Building Standards:
(1)
All parts of an accessory building shall be located within the lot of
ownership. Where an alley has been vacated, pennitted uses may be
located at the centerline of such alley, provided:
(a)
(b)
Proof of ownership is established;
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
co1Jrt, or in any reqUÚ'ed yard other than a rear yard, except that where
the natural grade of a lot at the ITont line of the principal building is
such as to result in a driveway having a grade 0 f ten percent (1 0%) or
gre':lter, a private garage may be erected within the front yard, bu! not
within fifteen feet (15') of any street line.
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Definitions (ftom 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:
éD
Family Child Care Home - A child care facility which provides care for five (5) or
fewer children throughout the day. .
2.
Group Child Care Home - A child care facility which provides care for six (6) to
twelve (12) children throughout the day.
3,
Child Care Center - A child care facility which provides care for more than twelve
(12) children throughout the day.
It should be noted that, in detennining 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 anyone time is detenninative. (Ord. 496, 9-6-88)
Home Occupation. Urban and Rural- Any gainful operation, profession or craft, which is
customarily incidental to or carried on in a dwelling place, and wherein the use is clearly
incidental and secondary to the use ofthe structure for dwelling purposes.
2-410 D
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ACCESSORY USE PROVISIONS
1.
Accessory Use Review Process - The Zoning Administrator shall make the initial
determination as to whether a building, structure or use is accessory to a principal
pennitted use,8Ild may issue zoning certificates for those which are determined to be
accessory and which otherwise comply with this Section.
a.
b.
The accessory determination shall be based upon the relationship of the
building, structure or use to the principal pennitted use. Specifically, it must
be habitually or conunonly established as reasonably incidental to the principal
pennitted use and located and conducted on the same premises as the
principal pentÜtted use. In detennining whether it is necessary, the following
factors shall be used:
(1)
(2)
The size of the lot in question;
The nature of the principal pernútted use;
(3)
(4)
The use made of adjacent lots;
The actual incidence of similar use in the area;
(5)
(6)
The potential for adverse impact on adjacent property; and
The applicant must be the owner of the property under consideration
and the user of the accessory use.
Family child care homes and home occupations may be considered to be
- pernússible accessory uses in the R-4 and R-8 Residential Districts if they are
approved after applying the following additional review procedures and the
applicable accessory use standards of Section 11-2-410D2:
(1)
Notice of the application shall be mailed by certified return receipt mail
to owners of property which abut the external lot or boundary lines of
the property under consideration.
Properties across a street or alley or kitty comer to the subject
property shall be deemed abutting properties, Fifteen (15) days ftom
the date of publication referenced in paragraph (2) below shall be
allowed for response to said notice,
(2)
Notice of the application shall be pubIîshed in the Valley News for two
(2) conse(..utive weeks and fifteen (15) days after first publication shall
be allowed for comments.
(3)
The 'lpplicant shall be required to pay any additional sewer, water r.nd
trash charges or fees, if any are required. (Ord. 496, 9-6-88)
c.
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(2)
(3)
Acquire an occupancy certificate and/or building pennit;
Provide one off-street parking space per employee, which may be the
driveway to the home; ,
(4)
Provide for child pick-up area located off of arterial or collector
streets;
(5)
Provide for screening of adjacent properties to protect children from
adverse impacts and to provide a buffer between properties; and
(6)
Provide for a fence of appropriate height/construction, to enclose play
areas, protecting children fÌ'om traffic on arterial or collector streets.
Violation of any of the above conditions shall be cause to revoke a zoning
certificate for a fanúly child care home.
Home Occupation Standards: It is the intent of this provision to pemùt home
occupations in residential dwellings which do not change the appearance of
the residence nor the condition of its residential character. The following
conditions shall apply:
(1)
No persons other than members of the family residing on the premises
shall be engaged in such occupation;
(2)
The use of the dwelling unit for the home occupation shall be clearly
incidental and subordinate to its use for residential purposes by its
occupants and not more than twenty-five percent (25%) of floor area
of the dwelling unit shall be used in the conduct of the home
occupation;
(3)
No article shall be sold or offered for sale on the premises except such
as is produced by the occupants on the premises and no mechanical or
electrical equipment shall be installed or maintaIDed other than such as '
is customarily incidental to domestic use;
(4)
No significant traffic shall be generated by such home occupation, and
any need for parking generated by the conduct of such home
occupation shall meet the off-street parking requirements as specified
in this Ordinance and shall not be located in a required front yard;
(5)
No equipment or process s~1all be used in such home occupation which
creates noise, vibration, glare, fumes, odor, or electrical interference
detectable to the nonna! 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; and
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(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 fÌom its residential character in the use of construction,
~lighting, signs and in the emission of noise, fumes, odors, vibrations
or electrical interference.
Violations of any of the above conditions shall be cause to revoke a zoning certificate
for a home occupation. (Ord. 496, 9-6-88)