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HomeMy WebLinkAboutJune 8, 1999 P&Z Minutes / .-;;....-:/<-cc- Meridian Planning a8zoning Commission Meeting June 8, 1999 Page 46 Rossman: No need for a date certain, but Mr. Berg is correct. The proper language is continuation rather than table. Continue it without a specific designation of time. 8 Smith: Then my motion to say continue in lieu of table. Borup: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: The public has vanished on us here. I want to say thank you for the publics turnout because that is the way we make decisions. As you can see it was not an easy one to come up with. We still have thoughts in our mind sitting in this chair up here that we'll live with for some time to come. All right, it is 9:30, we are going to take a ten minute break here. Promise we will be back at it again. (BREAK) MacCoy: We are under the gun, we have another half agenda to go through tonight. It's almost 10:00 o'clock. By ordinance of our city, this board meets, can meet twice a month. We already have our second meeting scheduled June 17, it's full. Our July meeting is full. We are working toward August, that's how much material we have to go through. We try and do the best we can, I apologize for the length of this part that you've just seen... (END OF TAPE) MacCoy: With the threshold of the city and everything that people would like to say and tell us, we are the ones that receive it. The material that we send on to the council is the same material, but we also give them a summary as to where we've been. This is where the work horse is. I don't know if any of you know that, but we are not paid and we do this as a part of-we are appointed and-but we are all professionals and this is a job we do day in and day out anyway during the daytime. ITEM NO.7: PUBLIC HEARING: REQUEST FOR ACCESSORY USE PERMIT FORA FAMILY DAYCARE CENTER FOR FIVE CHILDREN OR FEWER BY LETICIA D. V ANCE-1991 SOUTH COVEY PLACE: MacCoy: We will now open this public hearing, but first staff, Shari, comment please. Meridian Planning a.Zoning Commission Meeting June 8, 1999 Page 47 . Stiles: Mr. Chairman, commissioners, you have our comments that are dated June 3, 1999. This as you are probably aware an accessory use permit normally goes into the paper and after 15 days of notice they are granted their accessory use permit if there are no objections. We did receive objections on this application, just like if anybody is here that is in opposition to this to let you know the Planning and Zoning Commission can only act on the merits of the application, they can't base an approval or disapproval on covenants that exist within a subdivision. Covenants are not enforced by the city. If there is an issue with not complying with covenants, that would be required for the homeowners association to get legal council and to enforce their own covenants. I just wanted to make you aware of that. 8 Rossman: If I may add, I would wholeheartedly agree with Shari on that please don't step up to the podium and testify about the enforceability of covenants or provisions of covenants. This commission has no ability to act on the enforcement of private covenants. All we are dealing with today is whether or not this person is entitled to an accessory use permit under the Meridian Planning and Zoning Ordinance, rather than the covenants. MacCoy: Thank you Shari, thank you Eric. What they state is very true we have this ability everyday of the week when no matter what we enter into in the city, the covenants take precedent over that and unless it is against a code system that will rule in you case. All right, is the applicant here? She says she is, would you come to the podium please and state your name for the attorney. LETICIA VANCE, 1991 S. COVEY PLACE, MERIDIAN, 10. Vance: I am here today to request an accessory use permit for a family daycare of five or fewer children in my home. I currently have two children of my own, which means I can only have three more children to take care of. I'm an at home mother and I choose to do so simply because I did not want to have my children in daycare. I felt that I could provide better child care to my children myself rather than have somebody else raise my children. I was employed full time, so staying home does take away some of our income, but I choose to stay home and take care of children and that is why I'm here today. I believe that some of the objections for the permit were from some of the neighbors was parking problems. We live in a cul-de-sac and the noise. Parking problem, I don't know why there would be any problem with that, basically I could only attend three children and it can be three in one family or two in one family which means the parking would not present a problem. They would be dropping them off in the morning picking them up in the evening. As far as the noise is concerned, the cul-de-sac where I live there is children all over the place. The children I would be tending, as well as my own would not be in front. That is where the children that live in that area typically play is out front riding bikes, playing baseball, whatnot. If I did tend children we would be out in back. My backyard is fenced backyard. I have all the equipment, toys whatever in the back, so that is where Meridian Planning a. Zoning Commission Meeting June 8, 1999 Page 48 my childcare would be most of the-that's where we would be. Either inside or out in the back yard. Other than that, I believe those are the only two objections that I'm aware of and I don't see where the problem lies. 8 MacCoy: Any questions for Mrs. Vance? Borup: She answered one I had and the other is just on staff comments. Have you had a change to review all 15 of... Vance: I did. Borup: Any questions or concerns about any of those or (Inaudible). Vance: No, some of them don't even apply. As far as No.11, I'm not required to have a state license, however I did go through the process of doing that and I'm still waiting to hear back right now. Borup: Okay, so you are saying you would-all the staff comments are things that you can comply with? Vance: Yes. Barbeiro: Mrs. Vance, do you intend to-could you tell me, do you have some children in mind, some of the neighbors (Inaudible). Vance: Weill, I actually have one of the neighbors who actually has approached me. They are in the process of adopting a child. Her child will be, by the time they get this little girl she will probably be almost a year old. She has actually approached me and asked me to tend her child if I'm able to get a license to do so. I have had other people call me, I'm through a program, it's called the Childcare Connection. I don't know if you are familiar with that. I have had people call me to start taking care of their children, however, I have not been able to do so. So, three children will fill up immediately, but I don't have anybody particular in mind at this point. Barbeiro: Line Item No. 13 of the staff comments about the fence, you said you don't have any problems. Is the fence currently in place then, proper per the staff comments? Vance: Yes. It is. Barbeiro: Thank you. MacCoy: One more question on the fence, is that you have a gate to the outside? Is it lockable? Meridian Planning JI Zoning Commission Meeting June 8, 1999 Page 49 Vance: It is. 8 MacCoy: Any other questions? Okay, thank you. Is there anyone here who would like to speak in favor of this? Seeing none, anybody here who would like to speak on the other side of the fence 0 this. Unidentified: (Inaudible) yeah, no covenants enter into this. MacCoy: Oh, I see, that's something that you take care of in your own area there. Rossman: But thank you for recognizing that sir. Barbeiro: Mr. Chairman, I move that we close the public hearing. Smith: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. Smith: Mr. Chairman? I would like to make a motion that we recommend to the City Council approval of this item. Rossman: Does not go to City Council. Smith: Oh, Mr. Chairman, I would like to make a motion that we direct the city attorney to prepare Findings of Fact and Conclusions of Law on this item. MacCoy: Do we do that now for this? Smith: Accessory use permit. MacCoy: Okay, that's right, we do for that. Okay. Smith: Findings for approval. Borup: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: Okay, now we've done it right, thank you.