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HomeMy WebLinkAboutNovember 10, 1998 P&Z Minutes 8 . Meridian Planning & Zoning Commission November 10, 1998 Page 66 MacCoy: The speech is in your favor as homeowners, so it's a good thing that you came out. Nelson: Just for the benefit of the audience, the City Council makes the final. MacCoy: (Inaudible) come forward and ask the question of what, us, or the... (Inaudible) MacCoy: The council just said it's not an open meeting (Inaudible) it's not a public hearing, you can go and listen to it, but it's not a public hearing where you can speak. ITEM #14: REQUEST FOR AN ACCESSORY USE PERMIT FOR A PHOTOGRAPHY STUDIO IN BY MARKWIARS-860 E FINCH CREEK: MacCoy: Staff? Stiles: Mr. Chairman, commissioners you have our recommendations before you in your packets, hopefully, they were submitted late, you may not have had them until yesterday. We have made the standard comments for the majority of it and however, we do need some clarification on the use of the garage, how much of that garage is being used for a photography studio or being proposed to. There is an ordinance requirement that they have a garage capable of housing two vehicles if that is not the case with what they are proposing we would recommend that that be denied. MacCoy: Is that it? Stiles: Yes. MacCoy: Open the public hearing now, willthe applicant come forward now please. MARK WIARS, 860 E. FINCH CREEK, MERIDIAN, ID. WAS SWORN IN BY THE ATTORNEY. Wiars: My wife is a professional photographer. We recently, about a year and three months ago we moved into this house and we set up the garage as a photography studio. Unbeknownst to us and our neighborhood and matter of fact for a home based business you need an accessory use permit and we found out solely by chance that we need one and didn't want to do anything dishonest so we went ahead and made the paperwork and filled out papers and started the process. As a professional photographer, she has about maybe three to five cars a week come to the house. Most professional photographers are portrait photographers is what she is. She is here at the schools or at churches for weddings, or down at the park for family portraits or things of 8 8 Meridian Planning & Zoning Commission November 1O, 1998 Page 67 that nature. She either will usually go to their house or at the school to go over pictures or through the mail or occasional they come to the house. As my wife said she spends more time at her girlfriends house than people that come to our house. (Inaudible) photographers in Boise, or the Boise area are home-based businesses. As I mentioned most of t he pictures are done off site. There was one objection raised to the accessory use permit. Unfortunately he is moving-according to the letter he stated that he had objections with opening a photography studio citing traffic concerns. Our business, or my wife's studio is so unobtrusive that he didn't realize that she had been doing business for over a year. He wasn't aware of that. After I talked to him, he didn't realize it and he also agreed that our neighbors kids, teenagers they park more cars and drive up and down a whole lot more than the one or two that my wife brings in. He was going to go ahead and contact the planning and zoning department and withdraw his objection, however, he was in the process of moving and probably with moving and selling his house, it appears he didn't do as he said he was going to do to me. MacCoy: Excuse me, what is his name? De Weerd: Brian McDonald. MacCoy: I want to find out if that's the letter that we have. (END OF TAPE) Wiars: ... saying that traffic. She has known that we have had a home based business in there since we moved in. IN fact, there is other people who have it as well. She was willing to write a letter stating that there wasn't any type of concern of traffic problems or anything like that and she has know the business has been in existence. The comments that were attached. I was given a phone call late last night and picked them up this morning. I was requested by Bill at the water-no, I was requested to tell Bill at the water department that Chip said to ignore his comments and he said if you had any questions give him a call. I called him at a quarter to five this afternoon and he said he was misunderstanding, he thought there was going to be development of chemicals and things of that nature in there and he didn't realize it was just my wife taking pictures or people coming in to pick them up. MacCoy: Would you mind elaborating about how the business is run from the standpoint, the chemicals and... Wiars: There are no chemicals. A senior would come in-in fact I brought a couple of pictures I bet you probably have seen them up and down. A senior would come in and stand in front of-or sit in front of a backdrop, my wife has a couple of studio lights and stands. She takes the pictures, she sends it to-she uses Nickels which is a developing lab over by the airport and they develop it. She either drops them off at the school or 8 8 Meridian Planning & Zoning Commission November 10,1998 Page 68 they come back and pick it up. Then she takes them-for like senior pictures she takes them to the school. For weddings she goes to the church and she meets them at their house and finds out what they want to do and what type of pictures they want and to what extend some people just want snapshots, other people want everything recorded on film. MacCoy: I understand, but no processing though. Wiars: There is no processing at all. MacCoy: That's the main thing. Wiars: It's just snapshots, it'd be taking pictures. Then in the garage it's set up where it's all open. So the garage is totally. The garage doors are still there and pull cars in if we so desire-we've opted not to desire, but we can, there is no obstructions, no reconstruction per say over and above what the original house was built for. I only had one other concern or question, it was on here under title no. 2, the City of Meridian-I guess two of the Planning and Zoning from Bruce and Shari, item no. 2 said sanitary sewer and water facility and had some concerns. There is no additional-they come in and take a picture and leave. There is no additional water usage, or sewer (Inaudible) or anything of that nature. It's a home based business, we are just trying to follow the law. MacCoy: Anything else? Wiars: No sir. MacCoy: Commissioners? Borup: Just one, it sounded like the only concern Shari really had was on the garage item. So you are saying that the garage is open and you can park two cars in there if you want to drive them in? Wiars: Correct. Borup: So it wouldn't be any different than half the houses in town that have too much storage in there they can't get a car in anyway. Wiars: Yes, a lot of our neighbors have that problem, or they are parking their boat in there or camper orsomething, yes. Borup: So there is no walls or other obstructions that would prevent a car from driving. 8 8 Meridian Planning & Zoning Commission November 10. 1998 Page 69 Wiars: No, we deliberately set it up for resale purposes, where if we wanted to move a year or two or three years .from now that there would be no problems with resale. Borup: Thank you. That's alii have. MacCoy: Any other commissioners? It's a public hearing, is there anybody here in favor? We'll be talking to nobody pretty soon here. Anyone against this proposal? De Weerd: Mr. Chairman, I would move that we close the public hearing. Smith: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. De Weerd: Mr. Chairman, I would like to move that we approve the accessory use permit for a photography studio. Smith: Second. Borup: Do you mean to recommend approval? No, this is accessory use. This doesn't go to City Council does it? De Weerd: So do we order findings? Rossman: I believe that's correct, it's an accessory use, you have final authority, so you will need to have findings prepared and approved at the next public hearing, or next meeting. De Weerd: Okay, I'll withdraw that motion. MacCoy: Okay, let make another motion. De Weerd: Mr. Chairman, I would like to move that we ask the city attorney to draw up Findings of Fact and Conclusions of Law to approve the accessory use permit. Smith: . Second. MacCoy: All in favor? MOTION CARRIED: All ayes. 8 8 Meridian Planning & Zoning Commission November10,1998 Page 70 MacCoy: You can go home and tell your wife she has a place to work. Rossman: Mr. Chairman, a point of clarification, was the comment regarding one of the departments comments as not being applicable, so we can follow up on that, which one was that? MacCoy: That was water. Rossman: Water department? Okay. Borup: I thought it was sewer. Oh, on the reduce pressure back flow assembly. MacCoy: We have both directions,we have the use of water, plus. (Inaudible) quantities.. . Borup: They could pressurize irrigation there. MacCoy: I think that is probably true, but that's water control. Borup: That's from the sewer department. ITEM NO. 15: REQUEST FOR ANNEXATION & ZONING OF .96 ACRES (OLSON BUSH INDUSTRIAL PARK) BY RAY ROBNETT - 3036 LANARK STREET: MacCoy: Staff? Stiles: Mr. Chairman, commissioners you have in your packets our comments. The comments that we have made are based mainly on the existing conditions here and ordinance requirements the applicant may have some comments on some problems he has. I think his main problem has to do probably with the Evans Drain that is located adjacent to the railroad tracks at the northern boundary of this property, but other than that, he can address if he has any problems with these comments. MacCoy: Is that it? Stiles: Yes. MacCoy: Is the applicant here? Come forward please. RAY ROBNETT, -1011 S. STAR ROAD, STAR, 10. WAS SWORN IN BY THE ATTORNEY.