HomeMy WebLinkAboutMark Wiars AUP
8
Mayor
ROBERT D. CORRIE
HUB OF TREASURE VALLEY 8
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 . Fax (208) 887-4813
LEGAL DEPARTMENT
(208) 884-4264
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211
Council Members
CHARLES ROUNTREE
GLENN BENILEY
RON ANDERSON
KEITH BIRD
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: November 3. 1998
TRANSMITTAL DATE: October 6,1998 HEARING DATE: November 10,1998
REQUEST: ACCESSORY USE PERMIT FOR A PHOTOGRAPHY STUDIO IN
GARAGE
BY: MARK WIARS
LOCATION OF PROPERTY OR PROJECT: 860 FINCH CREEK
_TAMMY DEWEERD, P/Z
_MALCOLM MACCOY, P/Z
_MARK NELSON, P/Z
_BYRON SMITH, P/Z
_KEITH BORUP, P/Z
_ROBERT CORRIE, MAYOR
_RON ANDERSON, CIC
_CHARLIE ROUNTREE, CIC
_KEITH BIRD, CIC
_GLENN BENTLEY. CIC
_WATER DEPARTMENT
_SEWER DEPARTMENT
_BUILDING DEPARTMENT
_FIRE DEPARTMENT
_POLICE DEPARTMENT
_CITY ATTORNEY
_CITY ENGINEER
_CITY PLANNER
_CITY FILES
MERIDIAN SCHOOL DISTRICT
_MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL
YOUR CONCISE REMARKS:
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8
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CITY OF MERIDIAN
33 East Idaho Street, Meridian, ID 83642
ACCESSORY USE APPLICATION
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Phone:~~ (\..)
APPLICANT: NA. R~ D - \.J...) I A ~ <.:,
(Owner or holder of valid option)
ADDRESS: ~6o
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GENERAL LOCATION:~N'^lE ~Q..
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LEGAL DESCRIPTION OF PROPERTY (Attach description if lengthy): A 1\p..c..~E:-O - WIT\.).
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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: clo n ~ t\-. ZONING CLASSIFICATION:
VICINITY SKETCH: A vicinity map at a scale approved by the City showing property lines,
adjacent uses, 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.
\2.-Çi'
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 will be provided by City of Meridian.) .
DESCRIPTION OF REQUESTED ACCESSORY USE: ~ \-\<) TO C:" R. þ.. 9 \--\"1 <;\'J-.'C \ (J
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FEE: $80.00
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Use made of all abutting lots or parcels: ,..... ~ ø-'I.""P -\_---
2.
Are there other accessory uses of a similar nature in the area? If so, state the location and the
accessoryuse:-p~~~ro...~h'-'\ - ~O (')*-'^-e~ ßV\Al\.1\ hoVVte
O+.f\.c.e b~\.ite6s.- ~e~ '
3.
Possible adverse impacts on adjacent property such as noise, traffic, excess light, odor,
etc.: V\c>v\ e.
4.
Do you agree to pay increased sewer, water or trash fees if such are required due to increased
use? '1 P-Ç,.
5.
If the accessory use incIudesconstruction of a building on the lot or parce~ complete the
following: n. a..
a. Will all parts of the accessory building be located within the lot or parcel?
6.
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 ofthe 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 prñnary 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 conunercial, is any abutting property zoned residential and,
ifso, will the accessory use occupy any of the nont yard?
If the accessory use is for a Family Child Care Home, complete the following: V\ \ a..
a. Is a State of Idaho basic day care license required for this type of facility?
Ifso, attach a copy of your license.
Have you applied for or received an occupancy permit?
Ifso, attach a copy of your application or permit.
Is one off-street parking space per employee provided?
If the home is located on an arterial or collector, is an off-street child pick-up area
provided?
Is screening of adjacent properties provided?
Is the play area for the children fenced nom streets and neighbors?
If so, what is the fence height and type of construction?
b.
c.
d.
e.
£
g.
h.
b.
c.
d.
e.
£
If the accessory use is for a home occupation, complete the following:
a. Are only family members residing in the principal residence? '\.1 e.. g
,
Is the use ofthe residence as a home occupation incidental and suoordinate to its use
as a residence? \...\ e S
Will the home occupation use more than 25% of the floor area of the dwelling? (\0
b.
c.
2
8
8
d.
Will any item be offered for sale that is not produced by the dwelling occupants of the
premises? ho
Will mechanical or electrical equipment be installed or maintained other than such as
. . . . . "->v..A\),'-1, Ub~~ A.ØJ,l~l..,.. r~M
IS customarily mcldental to domestic use? C£l(...hJ(- ._~ '
How much traffic will be generated by the occupation? to c.p,.fl-S ~t%t:..
Will off-street parking requirements be met? '-'\€. c:; I
Will off-street parking requirements be located n;. a required ITont yard? 'f-~';;;; ~~~~ ~
Will equipment or processing create noise, vibrations, glare, finnes, odor, or electrical b~\~'1
interference detectable to the nonnal senses off the lot? Y\ð
Will the appearance ofthe residence be altered or the occupation be conducted in a
manner which would cause the premises to differ ITom its residential character in the
use of construction, lighting, signs and in the emission of noise, fumes, odors,
vibrations or electrical interference? Y\ C
e.
f
g.
h.
i.
J.
I hereby certify that the infonnation contained herein is true and correct.
SIGNA TURE~ 0.-<-- (L ð ¿u L/-
SOCIAL SEC T NO.: .:i93--SC:;" ~~
DATE:~ Ii{/"
STATE OF IDAHO )
ss.
County of Ada)
On this 1'1 day of(2¡ ~ 19'1 ~re ~he 1llldersigned, a Notary Public in
and for said State, personally appe /lA 11 ¡¿ ~ known, or proved to me, to be
the person(s) whose name(s) is (are) subscribed to the within instrument, and acknowledged to me
that he/she/they executed the same.
IN WITNESS WHEREOF, I have hereunto se
and year in this certificate first above written.
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oroer No, 970010!l4
This form fumishedby Stewart Title Company of Idaho, Inc,
CORPORATION
WARRANTY DEED
G9
BORUP CORSTRucr:ION, DfC.
organized and existing under the laws of the State of IDAHO ,
,a corporolÍon
, with its principal office at
gtaIUOr, hereby CONVEYS or GRANTS and WARRANTS TO MARX D- mARS AND CAROLYN J.
WIUS , HUSBAND AND WIJ'B
grantee
whose current address is:
860 B. FINCH~, MERIDIAN, ID 83642
the folloWÎIIg described premises, to-wit:
LOT 2 Dr BLOCX 3 OF F:INCII CRBBlt SUBDIVISION, ACCORDING TO TUB OFPICIAL PLAT
'1'BI!IlIBOJ', J'ILBD Dr BOOK 70 OP PLATS AT PAGB 7218 A!UI 7219, RBCOIWS OF ADA
CO1DITY , IDAHO.
TO HA VB AND TO HOLD the said premises, with their appunanances unto the said Grantee. their heirs and asÛgns
forever, And the said Grantor does hereby CQveoaøt to and wiÙl tbe !l8id Grantee, that it is the owner in fee simple of said
premises; thai said premises are free from.a}l incumbrances
and that it will warrant and defend the same from all lawful claims whatsoever.
The offiœrs who sign this dæd hereby certify that this deed and the transfer represented thereby was duly authorized
under a resoluti<m duly adopted by the board of din:ctors of the Grantor at a lawful meeting duly held and al.tended by a
quorum.
In witness whereof, the Grantor has caused its corporal.e name and seal to be hereunto affixed by its duly authorized
offioem this 22M day of August:, 1997 , A,D.
BORUP CORSTIU7CTION, INC.
(Corponlte Name)
(Col )Orate Seal)
By
President
Attest: Q. J-
~~
Secretary
State of IDABO
55,
County of ADA
On this 22ud day of August
State, persona1ly appeared DJWI BORUP
1997
. before me. the undersigned. a Notary Public. in and for said
known to me. or identified to me on the basis of satisfactory evidence. to be the SECRETARY!VICE-PRBSIBNT
of the corporation that exewted the instnønent and that the foregoing ins~'!!"..~ on behalf of said COIpOration by
authority of a resolution of it's board of directors and acknowledged to me thí.~ executed the same,
~ MY HAND AND OFFICw. SEAL- ~-7~ ' :\.
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8
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, that the Planning and Zoning Commission of the
City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, at the hour of 7:00 p.m., on November 10, 1998, for the
purpose of reviewing and considering the application of Mark Wiars for an Accessory
Use Permit for a photography studio in garage, which property is generally located on
860 Finch Creek, Meridian, Idaho.
A more particular legal description of the above property is on file in the City
Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection
during regular business hours.
A copy of the application is available upon request. Any and all interested
persons shall be heard at said public hearing and the public is welcome and invited to
submit testimony.
Dated this 6th day of October, 1998.
'J
PUBLISH October 21st & November 4th, 1998.
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ADA PLANN.INß A&¡N.
AUG 1 9 1998
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** TX CONFIRMAT~REPORT **
AS OF
OCT 136 ,Jllþ1;42
PAGE. 131
CITY OF MERIDIAN
137
DATE TIME TO/FROM
113/136 11:422138888 11397
MODE MIN/SEC PGS
EC--S 1313'313" 001
CMDJ:I STATUS
149 OK
--------------------------------------------------------------------------------------------
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, that the Planning and Zoning Commission of the
City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, at the hour of 7:00 p.m., on November 10. 1998, for the
purpose of reviewing and considering the application of Mark Wiars for an Accessory
Use Permit for a photography studio in garage, which propertJ, is generally located on
860 Finch Creek, Meridian, Idaho.
A more particular legal description of the above property is on file in the City
Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection
during regular business hours.
A copy of the application is available upon request. Any and all interested
persons shall be heard at said public hearing and the public is welcome and invited to
submit testimony.
Dated this 6th day of October, 1998.
PUBLISH October 21&1 & November 4th, 1998.
8
.
NOTICE OF APPLICATION
NOTICE IS HEREBY GIVEN pursuant to the Ordinance of the City of Meridian
and the law of the state of Idaho, that Mark D. Wiars has filed with the Zoning
Administrator of the City of Meridian an application for an Accessory Use Permit
for the operation of a Photography Studio In Garage out of his home at 860 E.
Finch Creek, Meridian, Idaho. Comments, either objecting or approving, said
application must be filed with the Zoning Administrator within fifteen (15) days
after the publication of this notice and shall be addressed to Shari Stiles, Zoning
Administrator, City of Meridian, 200 East Carlton, Suite #201, Meridian, Idaho. If
there are objections filed within the time allowed, the Planning and Zoning
Commission shall hold a public hearing on the application, after proper notice,
and may grant or deny the application after making and adopting Findings of Fact
and Conclusions of Law.
The property at 860 E. Finch Creek is more particularly described as Lot
2, Block 3 of Finch Creek Subdivision, Meridian, Ada County, Idaho.
Any and all interested persons are welcome and invited to submit
comments.
Dated this September 3rd, 1998.
~
SHARI STILES, PLANNING AND ZONING
ADMINISTRATOR
PUBLISH September 9th and 16th, 1998,
i'
** TX CONFIRMAT~REPORT **
SEP 03 '98:59
AS OF
PAGE. 01
CITY OF MERIDIAN
------------------------------------------------------------------------~~------------------
03
DATE TIME TO/FROM
09/03 15:59208888 1097
CMDU STATUS
169 OK
MODE MIN/SEC PGS
EC--S 00'30" 001
NOTICE OF APPLICATION
NOTICE IS HEREBY GIVEN pursuant to the Ordinance of the City of Meridian
and the law of the state of Idaho, that Mark D. Wiars has filed with the Zoning
Administrator of the City of Meridian an application for an Accessory Use Permit
for the operation of a Photography Studio In Garage out of his home at 860 E.
Finch Creek, Meridian, Idaho, Comments, either objecting or approving, said
application must be filed with the Zoning Administrator within fifteen (15) days
after the publication of this notice and shall be addressed to Shari Stiles, Zoning
Administrator, City of Meridian, 200 East Carlton, Suite #201, Meridian, Idaho, If
there are objections filed within the time allowed, the Planning and Zoning
Commission shall hold a public hearing on the application, after proper notice,
and may grant or deny the application after making and adopting Findings of Fact
and Conclusions of law.
The property at 860 E. Finch Creek is more particularly described as Lot
2, Block 3 of Finch Creek Subdivision, Meridian, Ada County, Idaho.
Any and all interested persons are welcome and invited to submit
comments.
Dated this September 31<1, 1998,
SHARI STILES, PLANNING AND ZONING
ADMINISTRATOR
PUBLISH September 9th and 16th, 1998.
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MARK D. OR CAROLYN J. WIARS
393-52-8858 518-78-3000
7620 COLE HAVEN 323-9055
BOISE,-ID 83704
4958
n /,. Advantage
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92.6/1241
19 9Æ:-'
$ 9&. 7tJ
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DOLLARS
Firsl Securi/)' Bank, N.A,
P,O, Box 7069
Boise, Idaho 83730
Firs/Line 393-4200
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Definitions (&om Zoning Ordinance):
Child Care Facility - Any home, structure, or place where nonmedical care, protection, or
supervision 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 detennining 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
8
8
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
pennitted use, and may issue wning certificates for those which are detennined to be
accessory and which otherwise comply with this Section.
a.
The accessory detennination shall be based upon the relationship of the
building, structure or use to the principal pennitted use. Specifically, it must
be habitually or conunonly established as reasonably incidental to the principal
pennitted 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:
(1)
(2)
The size of the lot in question;
The nature of the principal permitted use;
(3)
The use made of adjacent lots;
(4)
(5)
The actual incidence of similar use in the area;
The potential for adverse impact on adjacent property; and
(6)
The applicant must be the owner ofthe property Wlder consideration
and the user of the accessory use.
b.
Family child care homes and home occupations may be considered to be
pennissible accessory uses in the R-4 and R-8 Residential Districts if they are
approved after applying the following additional review procedures and the
applicable accessory use standards of Section 11-2-410D2:
(1)
Notice of the application shall be mailed by certified return receipt mail
to owners 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.
(2)
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 conunents.
(3)
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)
c.
8
e
(4)
The use shall be considered as a commercial use.
(5)
Pay the fee of eighty dollars ($80.00). (Ord. 557, 10-1-91)
(6)
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. 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)
(7)
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-
a.
Accessory Building Standards:
(1)
All parts of an accessory building shall be located witlrin the lot of
ownership. Where an alley has been vacated, pennitted 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 ofthe
portion of alley to be improved by a structure.
(2)
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.
(3)
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 ofthe principal building is
such as to result in a driveway having a grade often percent (10%) or
greater, a private garage may be erected within the front yard, but not
within fifteen feet (15') of any street line.
8
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(4)
No accessory building or structure shall occupy more than forty
percent (40%) of the area ofa required rear yard.
(5)
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.
(6)
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 ttont 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 fìom maximum
lot coverage requirements;
(d)
No part of an accessory building on a comer lot located witlrin
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 existing ttont yard or
required street side yard for a building on such adjacent lot,
nor shall accessory building project into the side or ttont 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
(f)
No accessory building or portion thereoflocated in a required
rear yard shall exceed fifteen feet (15') in height.
b.
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 ttom and properly screened ttom adverse impacts to
the health, safety and welfare of the children. The following conditions shall
apply:
(1)
Secure and maintain a child care license ttom the Idaho State
Department of Health and Welfare-Child Care Licensing Division if
required;
(2)
(3)
(4)
(5)
(6)
.
.
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 ITom
adverse impacts and to provide a buffer between properties; and
Provide for a fence of appropriate height/construction, to enclose play
areas, protecting children ITom 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 home.
Home Occupation 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)
No persons other than members of the family residing on the premises
shall be engaged in such occupation;
(2)
The use ofthe 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%) oftloor area
of the dwelling unit shall be used in the conduct of the home
occupation;
(3)
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;
(4)
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 ITont yard;
(5)
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; and
8
.
(6)
In no way shall the appearance of the residence be altered nor the
occupation be conducted in a rnarmer which would cause the premises
to differ nom 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 zoning certificate
for a home occupation. (Ord. 496, 9-6-88)