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HomeMy WebLinkAboutJune 9, 1998 P&Z Minutes PLANNING AND .ING COMMISSION JUNE 9, 1998 PAGE 25 8 temporary parking layout would be and have that available for the City Council when this item goes before them next month or whenever. That's it. MacCoy: Okay, good point. Any other questions, answers, what have you from the public? If not, we'll close the public hearing and now Commissioners what is your direction? Nelson: Mr. Chairman, I would like to make a motion that the City Attorney prepare Findings of Fact and Conclusions of Law. Smith: Second. MacCoy: All in favor? MOTION CARRIED: All aye. MacCoy: Aye's have it, it'll be moved forward. de Weerd: One comment Mr. Chairman, this will go to public hearing again at City Council and so the neighbors should have a chance to look at the temporary drawings so you will have a chance again to comment at that time what that first phase would look like and I would like to compliment the church for drawing up what you have and putting some time and effort into that. MacCoy: Thank you. Moving on to item #7. ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ACCESSORY USE PERMIT FOR HOME DAY CARE IN AN R-4 ZONE FOR FIVE OR FEWER CHILDREN BY ELAINE ESTACIO - 232 S. OUTFIELD WAY: MacCoy: Coming forward. Prior: Ma'am there's no need for any testimony so you can just have a seat if you'd like. This is an approval of Findings of Fact, it's not necessary for you to say anything. MacCoy: Okay, I thought you were just coming forward to tell me something else here. Commissioners, do you have anything you want to say on this? Nelson: I have no comments. Smith: I guess the only comment I've got is the Findings we are looking at approving a family child care home which allows up to five children maximum and I'm just concerned that that number is going to be complied with and I just PLANNING AND Z81NG COMMISSION JUNE 9, 1998 PAGE 26 8 wanted to make that a matter of record again and I'm not going to dwell on it or comment on it anymore because I know that the applicant has stated that she has eight children, three of which were foster children that were going to go to another day care and I guess I just want to bring that up again. Prior: Just for your satisfaction Commissioner Smith, the City has at least two additional Code Enforcement Officers that have been hired within the last couple of weeks, obviously these Code Enforcement Officers will be making routine checks around the City and this is one of the areas that they'll be emphasizing and checking up on if - and it does say that in the Findings, if they discover that there are more than five children at here home this permit will be revoked and if she continues to fail to comply - I want to make clear, I'm not threatening anybody alright, we'll take necessary actions okay so there will be a point where we have Code Enforcement Officer's out there checking on these things so you can rest assured that she'll have five children there and then she assured us I believe at the hearing that there would be five kids and I think she addressed that issue. Smith: Right, I realize, that so I'm not going to drag it out any further. MacCoy: Anything else? Commissioner Smith, anything else? Smith: I'd like to make a motion that the Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. MacCoy: Okay, we'll have a roll call - do we have a second on that? de Weerd: Second. MacCoy: Thank you. Keep me straight here. Roll call on this. ROLL CALL VOTE: Commissioner Smith - aye, Commissioner Nelson - aye, Commissioner de Weerd - aye. MOTION CARRIED: All aye. MacCoy: And what is the decision? Smith: Mr. Chairman, the Planning and Zoning Commission hereby decides and approves the accessory use permit requested by the applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law, more particularly set forth in paragraph 12 of the Conclusions of Law and that the property be required to meet the water and sewer requirements, fire and life safety codes and the uniform building code and