HomeMy WebLinkAboutAndrea Oswald AUP
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CITY OF MERIDIAN
33 East Idaho Street, Meridian, ID 83642
ACCESSORY USE APPLICATION
APPLICANT: An.JN' Q 05t..J0\\cA
(Owner or holder of valid option)
Phone: ~'i:1:/ -~ýy b
ADDRESS: Q..C,4:l.
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Cree~^~ Cuur+
GENERAL LOCA TION :~5+O1l'\-<
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LEGAL DESCRIPTION OF PROPERTY (Attach description if lengthy): Lé, q '^ I.,I",rk 7 0.(2.
f.ì'»\JdMW ,.,....çJ,..,,> S:"U,'.¡;-.:ìw,. /<è).~ , <w:<.It'..L""Jj ,t,) +1.# 01'+1'£.....1 fJ<.-I- fL"qr..nF .ç¡ A<h", &~.A'(U cf PM.. re,.;e (.7i.¡<¡(.{ e" 7 ttt
Off'+(ì", I P-e'OíJ.5 ó,Ç. AOI/- C{7"M.Ì~ ¡.J'ol"lt,1)
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:-.J í{s"
ZONING CLASSIFICATION:~
VICINITY SKETCH: A vicinity map at a scale approved by the City showing property lines,
adjacent u,ses, streets existing and such other items as the City may require. Also include a site
plan showing 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 from
property, including where a street or alley is between your property and the other property.
(This information is available from the Ada County Assessor.)
DESCRIPTION OF REQUESTED ACCESSORY USE:
hOW\L
FEE: $80.00'
1.
2.
3.
4.
5.
a.
b.
c.
d.
e.
f.
g.
h.
6.
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Use made of all abutting lots or parcels:_t'r\"MC1fj" OCC¡"'pPjtJ1 ~£:J
Are there other accessory uses of a similar nature in the area? If so, state the location
and the accessory use:_w (1 "
Possible adverse impacts on adjacent property such" as noise, traffic, excess light, odor,
etc.: No V\e.... " ,
Do you agree to pay increased sewer, water or trash' fees if such are required due to
increased use? V€S .
If the accessory use includes construction of a building on the lot or parcel, complete the
following:
Will all parts of the accessory building be located within the lot or parcel?-
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 for the
primary structure?
If the answer to the above is no, will the accessory structure be connected to the
primary structure and will both the primary and accessory structure then meet all
yard and court requirements?
Does the height of the accessory building exceed 15 feet?
If the lot or parcel is zoned commercial, is any abutting property zoned residential
and, if so, will the accessory use occupy any of the front yard?
If the accessory use is for a Family Child Care Home, complete the following:
'....
b,
c.
d.
e.
f.
Is a State of Idaho basic day care license required :'or this type of facility?ÅkL
If so, attach a copy of your license. X"'W\ Gf'f'I,j1mJ .(:C)r C'I'\~. c.\"~I..c-..J
Have you applied for or received an occupancy" permit? If e 5 "
If so, attach a copy of your application or permit.
Is one off-street parking space per employee provided? N/J+
If the home is located on an arterial or collector, is an off-street child pick-up area
provided? MIlt- "
Is screening of adjacent" properties provided? Ý'P ç
Is the play area for the children fenced from streets and neighbors'! 'f" ~ C;
If so, what is the fence height and type of construction? b iÞ(J+- cede:. r-
2
7.
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If the accessory use is for a home occupation, complete the following:
a.
b.
Are only family members residing in the principal residence? '{ e <Ç
- Is the use of the resid nee as a home occupation incidental and subordinate to its
use as a residence?
Will the home occupation use more than 25% of the floor area of the
dwelling? f'J 0', '
Will any item be offered for sale that is 'not produced by the dwelling occupants
of the premises? jJ (1
Will mechanical or electrical equipment be installed or maintained other than such
as is customarily incidental to domestic use'!_~)o '
How much traffic will be generated by the occupation? Ver~ tL.1f:.IL
Will off-street parking requirements be met'! Or~.H' WC~
Will off-street parking requirements be located in a required front yard? tùo
Will equipment or processing create noise, vibrations, glare, fumes, odor, or
electrical interference detectable to the normal senses off the lot? tVo
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? .jJn
c.
d.
e.
f.
g.
h.
1.
j.
I hereby certify that the information contained herein is true and correct.
SIGNATURE: t cL -- t%.{. ml¡. ...-
SOClAL~NO,: 4>1-'1,'-3't,S
DATE:' 7
STATE OF IDAHO)
ss.
County of Ada) .
On this 6 d. day of '$M~¿(, 1991 before me, the undersigned, a Notary
Public in and for said State, personally appeared ¡fA~M.A A-. O"ó/v"ø/"¿ , known, or
proved to me, to be the person(g) whose nameOO is (?l'e) subscribed to the withiri instrument, and
acknowledged to me that åe'/she/they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
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Notary Public fo Idaho
Residing at: 15 '6,e. - 71;>.
My Commission Expires: 0:2 ' 2"7 .:2 0-=
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Definitions (from Zoning Ordinance):
Child Care Facili1;y - Any home, structure, or place where nonmedical care, protection,
or s1J.pervision 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:
1.
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 determining 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 determinative. (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 of the 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
permitted use, and may issue zoniBg certificates for those which are determined
to be accessory and which otherwise comply with this Section.
The accessory determinatiœ shall be based upon the relationship of the
building, structure or use to the principal permitted use. Specifically, it
must be habitually or commonly established as reasonably incidental to the
principal permitted use and located and- conducted on the same premises
as the principal permitted use. In determining whether it is necessary, the
following factors shall be used:
a.
(5)
(6)
(I)
(2)
(3)
(4)
The size of the lot ÎI1 question;
The nature of the principal permitted use;
The use made of adjacent lots;' .
The actual incidence of similar use in the area;
The potential for adverse impact on adjacent property; and
The applicant musl 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
permissible accessory uses ÌJI the R-4 and R-8 Residential Districts if they
are approved after applying tile following additional review procedures and
the applicable accessory use standards of Section 11-2-41 OD2:
b.
(1)
(2)
(3)
Notice of the applica1ion shall be mailed by certified return receipt
mail to oWne\,; 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
from the date of publication referenced in paragraph (2) below
shall be allowed for response to said notice.
Notice of the application shall be published in the Valley News for
two (2) consecutive weeks and fifteen (15) days after first
publication shall be allowed for comments.
The applicant shall be required to pay any additional sewer, water
and trash charges or fEes, if any are required. (Ord. 496, 9-6-88)
(4)
(5)
(6)
(7)
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The use shall be considered as a commercial use.
Pay the fee of eighty dollars ($80.00). (Ord. 557, 10-1-91)
If there Ís 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, if not so appealed, the decision shall
be final; (Ord. 496, 9-6-88)
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.)
2.
Accessory Use Standards -
c.
a.
Accessory Building Standards:
(1)
(2)
(3)
All parts of an accessory building shall be located within the lot of
ownership. Where an alley has been vacated, permitted uses may
be located at the centerline of such alley, provided:
(a)
Proof of ownership is established;
(b)
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.
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. '
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
court, or in any required yard other than a rear yard, except that
where the natural grade of a lot at the front line of the principal
building is such as to result in a driveway having a grade of ten
percent (10 %) or greater, a private garage may be erected within
the front yard, but not within fifteen feet (15') of any street line.
(4)
(5)
(6)
b.
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No accessory building or structure shall occupy more than forty
percent (40 %) of the area of a 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)
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;
(c)
Underground fallout shelters may be located within five feet
(5') of any property line and shall be exempt from
maximum lot coverage requirements;
(d)
No part of an accessory building on a corner 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 of the existin~ 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;
(e)
Coverage of rear yard by accessory buildings shall not
exceed twenty-five percent (25%); and
(t)
No accessory building or portion thereof located 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 family 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 ~d properly screened from
adverse impacts to the health, safety and welfare of the children. The
following conditions shall apply:
(1)
Secure and maintain a child care license ITom the Idaho State
Department of Health and Welfare-Child Care Licensing Division
if required;
. ,
(2)
(3)
(4)
(5)
(6)
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Acquire an occupancy certificate and/or building permit;
Provide one off-street parking space per employee, which may be
the driveway to the home;
Provide for child pick-up area located off of arterial or collector
streets;
Provide for screening of adjacent properties to protect children
from adverse impacts and to provide a buffer between properties;
and
Provide for a fence of appropriate height/construction, to enclose
play areas, protecting children from traffic on arterial or collector
streets.
Violation of any of the above conditions shall be cause to revoke a zoning
certificate for a family child care ho~e.
Home Occupatio~ Standards: It is the intent of this provision to permit
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:
c.
(1)
(2)
(3)
(4)
(5)
No persons other than members of the family residing on the
premises shall be engaged in such occupation;
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;
No article shall be sold or offered for sale or die premises except
such as is produced by the occupants on the premises and no . - '
mechanical or electrical equipment shall be installed or maintained - ,,-
other than such as is customarily incidental to domestic use;
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;
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
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dwelling unit if conducted in other than a single-family residence;
and
(6)
In no way shall the appearance of the residence be altered nor the
occupatíon 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.
Violations of any of the above conditions shall be cause to revoke a zonirig
certificate for a home occupation. (Ord. 496, '9-6-88)