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PLEASE REPLY TO
MERIDIAN OFFICE
December 16, 2002
William G. Berg, Jr., City Clerk
RECEIVED
MERIDIAN CITY HALL DEC 17 2002
33 East Idaho
Meridian, Idaho 83642 City Of Meridians
City Clerk Office
Re: SHERRIE MARTIN / ACCESSORY USE PERMIT / AUP-02-007
Dear Will:
Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND ORDER OF DENIAL OF APPLICATION FOR ACCESSORY USE PERMIT
prepared as per instructions from the Planning and Zoning Commission meeting of October 17, 2002,
and which are on the Planning and Zoning consent agenda for December 19, 2002.
If you have any questions arise, please advise.
Very truly yours,
Nick Wollen
Z:\Work\ W"idian\Mehdian 15360M\Martin Sherrie AUP02-007\FFCL Clk Ur 12 16 02.doc
BEFORE THE MERIDIAN CITY PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE
REQUEST FOR AN ACCESSORY
USE PERMIT FOR A FAMILY DAYCARE
IN AN R-4 ZONE FOR SHERRIE MARTIN,
2215 EAST MACKAY COURT,
MERIDIAN, IDAHO
Case No. AUP-02-007
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND ORDER OF DENIAL
OF APPLICATION
FOR ACCESSORY
USE PERMIT
The above entitled accessory use permit application having come before the
Meridian Planning & Zoning Commission on October 17, 2002, at the Meridian City
Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 o'clock p.m., and the
Commission having received the report of David McKinnon of the Meridian City
Planning & Zoning Department, and David McKinnon and Andy Tessman, appeared and
testified, and the Commission having duly considered the matter makes the following
findings of Fact and Conclusions of Law and Decision of Order.
FINDINGS OF FACT
1. The Commission takes judicial notice of the Meridian City Zoning, Subdivision
and Development Ordinances, codified at 11 Municipal Code of the City of Meridian and
all current zoning maps thereof and the amended Comprehensive Plan of the City of
Meridian adopted August 6, 2002, Resolution No. 02-382.
2. Staff has complied with the requirements of I.C. §§ 67-6509, 67-6512, and §§ 1I-
2, 11-3 and 11-9-4 of the Meridian City Code.
DENIAL OF ACCESSORY USE PERMIT
FOR SHERRIE MARTIN / 2215 E. MACKAY COURT
3. The 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 amended Comprehensive
Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps
and the ordinance Establishing the Impact Area Boundary.
4. The applicant/owner is Sherrie Martin whose address is 2215 E. MacKay Court,
Meridian, Idaho.
5. The proposed location for the Applicant's accessory use is located at 2215 East
MacKay Court, and is within an R-4 zone. The property on which the desired accessory
use is located is surrounded entirely by residential use property and is located within the
Sherbrooke Hollows Subdivision, all within R-4 zoning.
6. The principal permitted use of the subject property is residential.
7. The proposed accessory use would be a daycare which would be contained within
Applicant's residence. The proposed daycare would serve up to five (5) children per day.
8. Applicant was not present at the October 17, 2002 hearing before the Commission
to testify or to field questions and comments from the Commission.
9. The Commission received testimony from Mr. Andy Tessman, President of the
Sherbrooke Hollows Homeowner's Association. Mr. Tessman testified as to his own
opposition to the accessory use permit as well as that of his neighbors and constituents.
These objections to the issuance of the permit were based on the perceived
incompatability of a daycare in the Sherbrooke Hollows Subdivision.
10. The Commission took into consideration letters of objection/opposition from
Evelyn Tseua, and Paul & Sharron Lewis, neighboring property owners.
DENIAL OF ACCESSORY USE PERMIT
FOR SHERRIE MARTIN / 2215 E. MACKAY COURT 2
CONCLUSIONS OF LAW
1. That § 11-9-4 of the Meridian City Code establishes the factors involved in a
determination of the Commission as to whether to grant or deny an accessory use permit.
2. That the provisions of § 11-9-4 of the Meridian City Code apply to the present
application.
3. That the accessory use of a residential property as a day care for up to five (5)
children per day is a use that is habitually or commonly established as reasonably
incidental under the requirements of §11-9-4(A)(1) of the Meridian City Code.
4. That a factor to be considered by the Commission in its determination of an
Accessory Use application for a day care facility is the potential adverse impact of such
accessory use upon adjacent property. (§11-9-4(1)(e)).
5. That the Applicant has not provided sufficient proof to show that the requested
accessory use would not be an adverse impact to other property in the affected area.
6. That the neighboring property owners have provided sufficient evidence before
the Commission to show the probability that such a permit, if allowed, would have an
adverse impact to properties in the affected area.
ORDER OF DENIAL OF APPLICATION
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE
APPEARING, the above named Applicant is denied the Accessory Use Permit for
reasons stated above.
The Planning & Zoning Commission of the City of Meridian hereby adopts and
approves this Decision and Order of Denial.
DENIAL OF ACCESSORY USE PERMIT
FOR SHERRIE MARTIN / 2215 E. MACKAY COURT
By action of the Planning and Zoning Commission at its regular meeting held on
the 17th day of October, 2002.
ROLL CALL:
COMMISSIONER DAVID ZAREMBA
VOTED ,
COMMISSIONER LESLIE MATHES
VOTED Z
COMMISSIONER JERRY CENTERS
VOTED ^
COMMISSIONER MICHAEL ROHM
VOTED
CHAIRMAN KEITH BORUP (TIE BREAKER) VOTED
DATED: 1 Z -I9 --OZ
MOTION: APPROVED: DISAPPROVED:
Copy served upon Applicant, the Planning and Zonin$,Depa"mpnp t, Public Works
Department, and the City Attorney office. N,`y OF
By: Lha, Date
City Clerk
Z:\Work\M\Meridian\Meridian 15360M\Martin Sherrie AUP02-007\An one sionsQt i.dm
DENIAL OF ACCESSORY USE PERMIT
FOR SHERRIE MARTIN / 2215 E. MACKAY COURT 4