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HomeMy WebLinkAboutJune 9, 1998 P&Z Minutes PLANNING AND Z.G COMMISSION JUNE 9, 1998 PAGE 30 8 MacCoy: Okay, you need a motion, some Commissioner here. Smith: Mr. Chairman, I'd like to make a motion that we defer action on the Findings of Fact and Conclusions of Law on items 10 and 11 untiiour June 1 ih meeting. ' ' Nelson: Second. MacCoy: All in favor. MOTION CARRIED: All aye. Smith: Although I should point ou~ that -it was pointed out to me on the last item that we don't have Findings on a preliminary plat which is item #11 so- MacCoy: You included it, that is what you did. We can move on now. ITEM #12: PUBLIC HEARING: REQUEST FOR AN ACCESSORY USE PERMIT FOR HOME CHILD CARE BY AMY GILLUM - 2347 E. APRICOT DRIVE: MacCoy: Commissioners, any statement first? Public hearing is now open. Is the applicant here for this one tonight? Prior: Hi ma'am, would you state your name and address and spell your last name for the record for me. Gillum: Amy Gillum, 2347 E. Apricot AMY GILLUM WAS SWORN BY THE CITY ATTORNEY. Gillum: My intention is just to take in one to two children in my home so I can care for my own children at the same time. I'm not it to bother my neighbors or cause disruption I just want to care for my children. MacCoy: Is that all you have to say about it? Gillum: Yeah. MacCoy: Commissioners, do you have anything you want to ask her? Nelson: Yes Mr. Chairman, I'd like to - it looks like there's a letter here in my packet from Frank Sweigart, have you had an opportunity to read that l\Jtter? Gillum: Yes, I have. - --- 0- ,- 0- -- - 0"'0 "_0- ---, 0 '--0 m m ------- ,,~ PLANNING AND Z.G COMMISSION JUNE 9, 1998 PAGE 31 8 Nelson: Do you want to make any comment to that or address that at all? Gillum: There are issues where the noise level and I'm going to have an infant myself in October and my time outside with the children is going to be limited, I may keep it an infant only day care where I can't leave an infant in the house asleep while I go play outside with other children. Like t said, I'm not in it to cause disruption to my neighbors. Nelson: Thank you. MacCoy: I'd like to add .a little bit to that Okay, after your pregnancy is into real' life then down the road since this i.s a permanent goes on and your child grows and - what are your plans then?, ' Gillum: Well, I have a three and a half year old right now, in two years he will be in school, that's going to reduce the number of children in my house by one. I don't allow or I won't allow them to be running outside screaming, there's other children in the neighborhoód that are in their backyards and it would be no different than if I had three children of my own. MacCoy: Okay. Commissioner Smith? Smith: Mr. Sweigart's letter, he referenced CC&R's for your subdivision are something to the affect of prohibits in-home businesses, are you familiar with the content of your CC&R's and I do want to point out that it's not the City's or this Commission's duty to review or enforce CC&R's, we have no jurisdiction over that but I was just curious if that was indeed the case and if you were familiar with the CC&R's? Gillum: Like the covenants? Smith: Covenants, codes, restrictions. Gillum: Yes and I've been speaking with the community property management at Dove Meadows and they urged me to write a letter to the Board of Directors seeking approval and that - Smith: That's what you need to do to get your neighborhood's approval? Gillum: Yes and that a gentleman by the name of Mike Farlow assured me that the Board never turns these down. Smith: Okay, thank you. ,- -,' ..... -. - . . ,-J PLANNING AND Z.G COMMISSION JUNE 9, 1998 PAGE 32 8 MacCoy: Commissioner de Weerd, do you have any questions? de Weerd: I have no questions at this point '. MacCoy: Okay; is there anybody here that would like to speak for or against? Sims: Okay, now what do I have to do? Prior: You have to state your name and address. Sims: Sarah Sims and it's 2363 E. Apricot. SARAH SIMS WAS SWORN BY THE CITY ATTORNEY. Sims: Weill have some questions about what the permit really is and I'm sure you've already answered them but does the five include her children? Nelson: If I may respond to that Mr. Chairman, when they say five or fewer it includes the children already in the home'and it also includes the total number allowed to be registered with the daycare provider so and that's how traffic patterns are determined so it doesn't mean that she could use a half day for one and a half day for another later on or anything like that, it's a total of five and her children are included in that Sims: And does it take care of the hours of operation like from six to six or can it be anytime during the day or anytime at night? Nelson: I think that in most cases it's been a 7 to 6 but I guess we haven't discussed that for the record. Sims: Okay there is no expiration date on these permits? Prior: The process is simple, if we get a complaint that needs to be reviewed the City Council has an opportunity to review these things and they can be brought before for review upon notification to the applicant That's the way the process works. Sims: After the permit, are they at all inspected, are the homes inspected? Nel.son: They are - this only gives them the opportunity to get a permit, they're still subject to the Health Department and the fire codes so there's other inspections. Sims: So this is the first step but they have to go through the others also. ,.._,.---,-"....,~,-,-..,-.......'- -'....-- "-"""-"'-'-'-"---'-'-'-'l""":-"'c-"""",-~ PLANNING AND ZO8G COMMISSION JUNE 9, 1998 PAGE 33 8 Nelson: They have even more stringent requirements for - Prior: Ma'am, they still have a city- no, they don't have a city council, never mind. I almost misspoke. Never mind, just disregard what'l said'., I'm tired. Nelson: But, yes, this only gives them permission to start requesting from the governing agencies - ' Sims: And then they start - so actually this isn't the final step then? Nelson: No. Sims: Okay. And do all the day~res here in Meridian have to have a permit and go through these steps? I mean you have to have a permit to have a daycare, right? Nelson: Yes. Sims: Let's see if I have any otherquestions. Nelson: I'm sure not all do. ' Sims: Pardon. Nelson: I'm just commenting I'm sure there's some that aren't. Sims: I really don't have any objection because I know she has the three and a half year old, and he would actually be happier having someone else to play with. You know, you are going to have a baby and the three and a half year old. It's just that when I first saw the thing and it said five children. You're'thinking five more people coming in the morning and five people coming in the afternoon, and that's a lot of traffic. And the people who come and pick up their children don't really care about your yard. They are just there to pick up their children. To them, it's no big deal. So if it's - so as long as - Prior: It's a total of five, ma'am. Sims: Total of five. Okay, well, I guess that all I'm going to say then. I just had some questions about the permit and the city, and if someone does come out anq inspect the house every now and then, then I really don't - yeah, I think it's okay to try it maybe. MacCoy: I would .like to answer one thing tt,at y()U brought up there. You asked the question about daycare centers in the ;';ity of Meridian. There is a county- wide, and we are part of that listing that is kept up and reviewed every three ,.., ,.. - .. , - '..' .... ~..... , " ~ PLANNING AND ZO_G COMMISSION JUNE 9,1998 ' PAGE 34 ' 8 ,.. months, and a list comes out. Each city receives one of those, and the inspections and so on have to be tallied at that time: So it is 'a constant thing, and if you find somebody or know somebody that has a daycare center that didn't go through this, all you need to do is come in and tell us about it,' and they will go out and get inspected. But yes, they must have permits. Sims: Okay, all right, thank you. MacCoy: AnyÞody else now? Yes, sir. FRANK SWIGER 2318 E. GRAPEWOOD DRIVE MERIDIAN WAS SWORN BY THE CITY ATTORNEY.,' , Swiger: Well, I'm against anyone having a daycare center, whether they have two children or five or whatever. I 'bought there originally. I bought the first lot in that subdivision. I knew that there were covenants and regulations against any businesses being held in there, run from in there. I bought it because it was quiet, and I wanted it to be quiet and now right behind me, a daycare center. Children are going to make noise. ,That's ,the way children are. You can't stop them, and you can't shoot them for doing it, and no matter what you say we all have children or had children, and you can't do this. Now, I've got a bad heart. That's the reason I moved from in town out there and built my own house because it was quiet, and I want it to stay quiet. I have to pay money there. In the way of home owner's dues, and the covenants specifically say, no businesses shall be ran from there. Now what recourse do I have from this now? As the attomey, sir, I'll ask you? Prior: I'm not going to do legal advise. Swiger: ,All right. I don't need any. I have an attorney for that. But still it don't make sense tome. They read the rules when they bought in there. And now they are trying to advert these rules. Well, there's children in there. They have children. The other people, one other family there next to me has two little children, and they are good little children. They don't bother me. But anymore than that out there, and it's going to get over bearing. I just can't go on with this. I'm too nervous. I go in the. hospital again Friday for a little hear operation, and now they are going to put a child care center right behind me, and I bought there ,for peace and quiet and agreed to pay the dues. Now, what am I suppose to do? Smith: Mr. Swiger, I'm not going to purport to give legal advise either, but as I stated earlier to the applicant, the city has no jurisdiction or authority in any shape or form to enforce a neighborhood CC&R's and it 'seems like to me that your issue would be with the same board of directors that the applicant is going before for approval of this as an exception to the CC&R's and that would be who u -- ..--" , '-','" .._-,_.. ~ _uo' .-----,----,_.."..,~,-,-,,---_.. '-'~--""-'--~"',-.-.",--.-"'--- "'--- ,-----. '""'~':",""-,.._..,.o"....,.u"..--..,..",.,.,..-.".,.-,."",.--,, J PLANNING AND Z.G COMMISSION JUNE 9, 1998 PAGE 35 8 I would suggest you go to and try to address your concerns because quite frankly, we can't address your CC&R's. We can't even acknowledge ,that they exist. Swiger: Okay. A Smith: AU we can do withCC&R's is check and make sure that they don't conflict with the ordinances with the City of Meridian, and that's as far as we go with it. Swiger: Now my wife and Mike had several conversations on this subject. And another lady had conversations with Mike on this subject too. Smith: Excuse me sir, who is Mike? Swiger: The manager of our home owners association, and he knew nothing about this subject. It was completely foreign to him. Now maybe within the last four or five or six days, he might have got some information on it, but he is concerned about this and they are going to bring it up at tha board meeting, and they are going to take action, but I don't know what the action is going to be. Maybe it's to approve the application. But then I have my"recourse, and that's all I can do. ' , Smith: I can sympathize with your concerns sir, but there's nothing really other than reviewing the application and complying with the city ordinances, there's really nothing that we can do. ' Swiger: Okay, now that I understand your position in that, I know which way I have to go, sir, and that's alii can do. And for no information, I thank you, John. Prior. It seems like Byron gave all kinds of information. Swiger: You said you hadn't been in court. What am I suppose to expect from you? ' ' Prior: You are not going to get anything from me. Swiger: Thank you gentlemen, lady. "MacCoy: All right; thank you. Is there anyone else that would like to make a statement? All right ' Gillum: I just want to comment that I did speak with Mike Farlow at the community property management about two weeks ago, and he was very upbeat about it. He said that I just needeJ to write a letter to the board of directors, and that he's never seen them disapprove it, and again I just want to state to Mr. Swiger that I do not want to disrupt his life and ,his home. There are children in -"-'-"'-""---"..--_.._-----"._....~-,..,..'" "'"--'-, -" '-"'Un "-""'---""-"<"""""""'--"'"'>"'-'7"'---,',"""""",.. ~ PLANNING AND Z.G COMMISSION JUNE 9, 1998 PAGE 36 8 ... the other neighborhoods around his house. It's not going to be any different than, those children playing outside. When I moved in, which was afterMr. Swiger, the dealings of the subdivision were handled by Dave Leader who is, a subdivision developer. It was not turned over to the home owners association until maybe six months after we moved in. I don't agree that he knew that he had covenants because the home owners association because it wasn't handled by the home owners association. It was handled by Dave Leader. MacCoy: Any questions you want to add? Okay, all right. Thank you very much. Okay hearing that, do you have a comment to co~e back with? Okay. Swiger: As far as the CC&R's, we had to go through a realty company which is the way you know it's handled, and at the time we bought the lot, and we were the first people to buy a lot. They said there's a home owners association, and you'll get a copy of the CC&R's, and the dues are this and so forth. Now I thought that was a requirement. Prior: Sir, that's probably something that you can bring up with your board. I don't think that has anything to do With the conditional use permit at this thing, and I don't think it's really relative to these proceedings. Swiger: As the first buyer in there, I got all this information, and as the 30th buyer, she said she didn't know anything about it. MacCoy: Anyone else that would like to step forward? , Commissioners, do you have any people you want to talk to here or any statements you want to make? Nelson: I'd like to make a statement, ,Mr. Chairman. The proposed application is the least restrictive, or excuse me, the lowest level I guess of daycare center available for the home in this subdivision, and in most cases I encourage or in favor of home daycares. We approve these subdivisions and the only alternative if we don't have home daycares, is we have more commercial daycares, and people won't like the traffic that causes either. So in this particular case I would be in favor of the home daycare. This is the lowest level, and it would appear also that she's not even using the full five children access that she has,8vailable, but just for the record, I'd like to point that out. MacCoy: Anybody else up here? Mr; Smith? Mrs. De Weerd? Staff? Bruce, Shari, do you have any comments to make at all at this point? Prior: Do you know what we're talking about? Daycare centers. Stiles: I have no comm&nt. 'MacCoy: That wasn't appropriate. '-,'-n'....,..-- --'-:-""'--"""-"""""'"~"',":,--""'-"--"'---'--ë'- -n,.' "'-'-'-,----"-.",-~""----.,-,,,,..,.....,.. ""'~',',"",,"-,,-,,~ "., ""'--""'--""",--C"n'""~_"",:-,~"""-",,,,,,, PLANNING AND Z.G COMMISSION JUNE 9,1998 - PAGE 37 e Nelson: I have no further comment. ,ð , . MacCoy: Okay, I'm going to close the public hearing at this point, and commissioners; I'd like to hear statement as to whatwe should do. Nelson: Mr. Chairman, I'd like a motion that we have the city attorney prepare Facts and Findings for Item number 12. Smith: Second. MacCoy: Okay, all in favor. MOTION CARRIED: All ayes. ITEM NO. 13: PUBLIC HEARING: REQUEST FOR AN ACCESSORY USE PERMIT FOR HOME CHILD CARE BY KRISTI RICHMOND - 2311 MONACO WAY: ' MacCoy: Is the applicant here? KRISTI RICHMOND 6857 MAXWELL LANE, BOISE WAS SWORN BY THE CITY ATTORNEY. Richmond: My husband and I are working on a lease to purchase at 2311 Monaco Way, and it is pending right now. Prior: Hold it. Before we get into that, why don't we swear you in. I didn't anticipate you going through that oratory. Richmond: Anyway my husband and I are working on a lease to purchase at 2311 Monaco Way, and it is pending on this accessory use permit. Before we even started the paperwork on the home, I did go door to door and spoke with all the neighbors that were around the home, and there were no complaints. All the neighbors were fine with it, and so we did pursue because it would be optimal for me to work out of my home. I'm a teacher. I work at the Ct¡ildren's School. My -- ,...,.... '.., --.."" background is in early childhood. It would be optimal for me to work out of my home. It is for five or fewer children. It's not large. The complaints were noise, traffic, and devaluation of property. 2311 Monaco Wày is right by an elementary school; a block and a half practically. As far as noise level, I have been in the neighborhood a lot 'working , my husband and Ihave been working on the lawn, working on the house, and we did hear some noise just coming from the school. She might be worried that more noise level will come from five more chi;dren, but with the fencing and the trees, I don't believe that would be problem. As far as traffic, we have a good parking that is available for parents. It wouldn't be out in , ..,-c-' -, --':---"',"'--"'---""'~'-------""---' "-~'n,,--.-,'_'"""--"'" '." 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