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HomeMy WebLinkAboutMark Wiars AUP 8 8 RECEIV"ED DEC 0 4 1998 èity of Meridian C-ity Clerk Office BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSI IN THE MATTER OF THE APPLICATION OF MARK D. WIARS, 860 E. FINCH CREEK, FOR AN ACCESSORY USE PERMIT FOR A PHOTOGRAPHY STUDIO IN GARAGE, MERIDIAN, IDAHO ) ) FINDINGS OF FACT AND ) CONCLUSIONS OF LAW AND ) DECISION ) The above entitled accessory use permit application having come on for public hearing on November 10, 1998, at the hour of 7:00 o'clock p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of the application was mailed by certified mail, return receipt requested, to owners of property which abuts the external lot or boundary lines of the property, including properties across the street, alley and kitty corner to the property; a notice of the application was published for two (2) consecutive weeks; a notice of the public hearing on the application for the accessory use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for November 10, 1998, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the November 10, 1998, hearing; that the public was given full opportunity to FINDINGS OF FACT AND CONCLUSIONS OF LAW - ACCESSORY USE PERMIT - MARK D. WIARS IN AN R-8 Page 1 8 8 express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. There has been compliance with all notice and hearing requirements set forth in Meridian Zoning and Development Ordinance Section 11-2-410 (D) (1) and (2). 3. The property which is the subject of the application for accessory use permit is described in the application and by this reference is incorporated herein as if set forth in full. The subject property is located at 860 E. Finch Creek, City of Meridian, Ada County, State of Idaho. 4. The Applicant is the record owner of the property and has filed a written accessory use permit application. 5. Pursuant to the application the subject property is currently zoned (R-8) Medium Density Residential District; the subject property is generally located at Locust Grove and Meadow Grass; the abutting lots and parcels are residential; the Applicant requests an accessory use for the operation of a photography studio in the garage; and the Applicant agrees to pay increase sewer, water or trash fees, if such are required due to increased use. 6. The Meridian Planning and Zoning Commission takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11, Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan. 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW - ACCESSORY USE PERMIT - MARK D. WIARS IN AN R-8 Page 2 8 8 The Applicant requested the accessory use and the application was not initiated at the request of the City of Meridian. 7. 8. Mr. Brian McDonald of 2860 Mule Deer Way, Meridian, Idaho, filed an objection to the proposed use within the time allowed for response. The objection is, by this reference, incorporated herein as if set forth in full. 9. The proposed application requests an accessory use to operate a photography studio in the garage of the subject property. The (R-8) Medium Density Residential District zoning designation within the City of Meridian Zoning and Development Ordinance requires an accessory use permit be obtained for home occupation such as that requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11- 2-409 (An 10. The Applicant testified at the public hearing that the particular characteristics of the subject property make the accessory use desirable. The Applicant further testified that the proposed home occupation will not involve the use of chemicals or chemical processing, two (2) cars can be parked in the garage of the subject property, and that the proposed home occupation will not require additional water or sewer usage. 11. The Assistant to the City Engineer, Bruce Freckleton, and the Meridian Planning and Zoning Administrator, Shari Stiles, submitted comments by and through a Memorandum dated November 9, 1998, and by and through testimony during the public hearing on this matter. Such report and comments are hereby incorporated herein, and the conditions presented are as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - ACCESSORY USE PERMIT - MARK D. WIARS IN AN R-8 Page 3 8 8 11.1 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. 11.2 Sanitary sewer and water to this facility would be via existing service lines. Plans for sewer and water service will be reviewed to see if the additional load would justify additional assessments. Applicant is to provide any information with regard to anticipated water demand. Applicant will be required to enter into an Assessment Agreement with the City of Meridian prior to operation. 11.3 Zoning Certificate and Certificate of Occupancy are required prior to operation. 11.4 The use shall not adversely impact surrounding properties due to traffic and other activities. 11.5 No signage has been proposed, and none is approved with this application. No signage is permitted under an accessory use permit. 11.6 Applicant proposes to use the garage area. Details of the area of the garage being used were not provided. City Ordinance 11-2-411 H requires that all single-family detached housing units shall have a garage capacity of housing at least two (2) standard size automobiles, at a minimum. 11.7 Violation of any of the above conditions shall be cause to revoke a Zoning Certificate. The use will be subject to review upon notice to the Applicant. 12. The Meridian City Police Department, Fire Department, Sewer Department, Water Department, the Central District Health Department, and the Nampa & Meridian Irrigation District submitted comments which are also hereby incorporated herein. 13. The proposed use within the subject application will in fact constitute an accessory use as determined by City policy. 14. The proposed use within the subject application will not change the appearance of the residence nor the condition of its residential character. FINDINGS OF FACT AND CONCLUSIONS OF LAW - ACCESSORY USE PERMIT - MARK D. WIARS IN AN R-8 Page 4 8 8 15. The use proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, vibrations, electrical interference, construction or odors. 16. No persons other than members of the family residing on the premises shall be engaged in the proposed occupation. 17. The use of the dwelling unit for the home occupation is incidental and subordinate to its use for residential purposes by the Applicant and not more than twenty five percent (25%) of floor area of the dwelling unit shall be used in the conduct of the proposed home occupation. 18. No significant traffic will be generated by the proposed home occupation. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian were met including: the mailing of notice of the application by certified mail, return receipt requested, to owners of property which abut the external lot or boundary lines of the property, and properties across the street, alley and kitty corner to the property; a notice of the application was published for two (2) consecutive weeks; and a notice of the public hearing on the application for the accessory use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for November 10, 1998, the first publication of which was fifteen (15) days prior to said hearing. FINDINGS OF FACT AND CONCLUSIONS OF LAW - ACCESSORY USE PERMIT - MARK D. WIARS IN AN R-8 Page 5 8 8 (Meridian Zoning and Development Ordinance, Section 11-2-410 (0» The City of Meridian shall exercise the powers conferred upon it by the "Local land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified 2. at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 3. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code §67 -6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 4. As part of a Zoning Ordinance the Zoning Administrator shall, subject to requisite hearing and notice provisions, determine whether a building, structure or use is accessory to a principal permitted use, and may issue Zoning Certificates for those which are determined to be accessory and which otherwise comply with the accessory use provisions of the Zoning Ordinances. (Meridian Zoning and Development Ordinance, Section 11-2-410 (D) 5. To occupy and use real property which is designated and zoned as (R-8) Medium Density Residential District within the City of Meridian, for a photography studio, requires approval by the Planning and Zoning Commission as provided for under the City of Meridian Zoning and Development Ordinance, Section 11-2-410 (D). 6. The Commission has the duty and responsibility to review the facts and circumstances of each application for home occupation accessory use to determine prior to FINDINGS OF FACT AND CONCLUSIONS OF LAW - ACCESSORY USE PERMIT - MARK D. WIARS IN AN R-8 Page 6 8 8 granting the same that the evidential showing supports the finding that the following standards are met: 6.1 6.2 6.3 6.4 6.5 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 on the 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 dwelling unit if conducted in other than a single-family residence; 6.6 In no way shall the appearance of the residence be altered nor 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. (Section 11-2-410 (D) (2) (c), City of Meridian Zoning and Development Ordinance) 7. Violation of any of the aforementioned conditions shall be cause to revoke a Zoning Certificate for a home occupation. (Section 11-2-410 (D) (2) (c), City of Meridian Zoning and Development Ordinance) FINDINGS OF FACT AND CONCLUSIONS OF LAW - ACCESSORY USE PERMIT - MARK D. WIARS IN AN R-8 Page 7 8 8 8. The City of Meridian has authority to place conditions on an accessory use permit. 9. The Meridian Zoning and Development Ordinance provides the following relevant definitions: 9.1 Accessory Use or Structure: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. An accessory use or structure does not alter the essential characteristics of the principal permitted use and does not include a building which is defined herein as a dwelling unit. 9.2 Dwellina Unit: Any building or portion thereof which meets adopted building codes and is used as a residence or living quarters of one or more persons. (Section 11-2-403 (B), City of Meridian Zoning and Development Ordinance) 10. Upon review of an accessory use application the Commission must take the following into account: 10.1 The accessory determination 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: 10.1.1 The size of the lot in question; 10.1.2 The nature of the principal permitted use; 10.1.3 The use made of adjacent lots; 10.1.4 The actual incidence of similar use in the area; 10.1.5 The potential for adverse impact on adjacent property; and 10.1.6 The applicant must be the owner of the property under consideration and the user of the accessory use. (Meridian City Zoning and Development Ordinance, Section 11-2-410 (D) (1» FINDINGS OF FACT AND CONCLUSIONS OF LAW - ACCESSORY USE PERMIT - MARK D. WIARS IN AN R-8 Page 8 8 8 11. Home occupations may be considered to be permissible accessory uses in an (R-8) Medium Density Residential District if it is approved after applying the following additional review procedures and applicable accessory use standards of Section 11-2-410 (D) (2); the Applicant shall be required to pay any additional sewer, water and trash charges or fees, if any are required; the use shall be considered as a commercial use; and pay the fee of eighty dollars ($80.00). 12. Prior to granting a home occupation accessory use in a (R-8) Medium Density Residential District, notice of the application shall be mailed by certified return receipt mail to owners of property which abut the external lot of the boundary lines of the subject property. Notice of the application shall be published for two (2) consecutive weeks. Fifteen (15) days from the date of publication shall be allowed to response and comment to said notice. (Section 11-2-410 (D) (1) (b) (1) (2), City of Meridian Zoning and Development Ordinance) 13. If there is 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. (Section 11-2-410 (D) (1) (b) (6), City of Meridian Zoning and Development Ordinance) 14. If there are no objections filed within the time for filing the same the Zoning Administrator may grant the request. Any aggrieved party may appeal the decision to the City Council within thirty (30) days of the Commissions decision, and if not so appealed the FINDINGS OF FACT AND CONCLUSIONS OF LAW - ACCESSORY USE PERMIT - MARK D. WIARS IN AN R-8 Page 9 8 8 decision shall become final. (Section 11-2-410 (D) (1) (b) (6) (7), City of Meridian Zoning and Development Ordinance) 15. Having made the afore stated Findings of Fact and Conclusions of Law the City of Meridian Planning and Zoning Commission hereby approves the proposed application for a home occupation accessory use set forth herein above with the following conditions: 15.1 Off-street parking shall be provided in accordance with Section 11-2- 414 of the City of Meridian Zoning and Development Ordinance. 15.2 Sanitary sewer and water to this facility would be via existing service Ii n e s. Plans for sewer and water service will be reviewed to see if the additional load would justify additional assessments. Applicant is to provide any information with regard to anticipated water demand. Applicant will be required to enter into an Assessment Agreement with the City of Meridian prior to operation. 15.3 Zoning Certificate and Certificate of Occupancy are required prior to operation. 15.4 The use shall not adversely impact surrounding properties due to traffic and other activities. 15.5 No signage has been proposed, and none is approved with this application. No signage is permitted under an accessory use permit. 15.6 Applicant proposes to use the garage area. Details of the area of the garage being used were not provided. City Ordinance 11-2-411 H requires that all single-family detached housing units shall have a garage capacity of housing at least two (2) standard size automobiles, at a minimum. 15.7 All Meridian City Fire Codes will need to be met. 15.8 No chemicals are permitted to enter into the waste water system, and that all chemicals need to be self-contained. 15.9 Violation of any of the above conditions shall be cause to revoke a Zoning Certificate. The use will be subject to review upon notice to the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - ACCESSORY USE PERMIT - MARK D. WIARS IN AN R-8 Page 10 8 8 16. The afore stated conditions are concluded to be reasonable and the Applicant shall meet such requirements as a condition of approval of the application for a home occupation accessory use permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW - ACCESSORY USE PERMIT - MARK D. WIARS IN AN R-8 Page 11 8 8 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions and Law. ROLL CALL COMMISSIONER BORUP VOTED I¥¡Þ COMMISSIONER SMITH VOTED ~ VOTED ~ VOTED f..1tr COMMISSIONER DEWEERD COMMISSIONER NELSON CHAIRMAN MALCOLM MACCOY (TIE BREAKER) VOTED - DECISION The Meridian Planning and Zoning Commission determines that upon review of the applicable standards and guidelines as set forth in Section 11-2-410 0 of the Zoning and Development Ordinance of the City of Meridian, the established record, and applicable law, that the Applicant met the requisite accessory use standards. Given the forgoing, the subject application for home occupation accessory use as set forth herein shall be granted and the use allowed subject to the conditions imposed herein. The accessory use shall be subject to review by the City upon notice to the Applicant. APPROVED: W-z. DISAPPROVED: 120498 It/Sir t3 FINDINGS OF FACT AND CONCLUSIONS OF LAW - ACCESSORY USE PERMIT - MARK D. WIARS IN AN R-8 Page 12