HomeMy WebLinkAboutRice, Susan AUP-03-021
BEFORE THE MERIDIAN CITY PLANN.ING AND ZONING COMMISSION
IN THE MATTER OF THE )
REQUEST FOR AN ACCESSORY )
USE PERMIT FORA HOME OCCUPATION )
LOCA TED AT 230 W. PINE AVENUE, IN AN )
Rm4 ZONE FOR SUAN RICE, MERIDIAN, )
IDAHO )
)
)
)
)
Case No. Aupm03M021
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND ORDER OF
APPROVAL OF
APPLICA TION FOR
ACCESSORY USE
PERMIT
The above entitled accessory use permit application having come before the
Meridian Planning & Zoning Commission on March 4, 2004, at the Meridian City Hall,
33 East Idaho Street, Meridian, Idaho, at the hour of7:00 o'clock p.m., and the
Commission having received the report of Wendy Kirkpatrick of the Meridian City
Planning & Zoning Department, and Anna Powell Planning and Zoning Director, Wendy
Kirkpatrick of the Meridian City Planning & Zoning Department, the Applicant - Susan
Rice, and Charlene Rokovitz, 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.
APPROVAL OF ACCESSORY USE PERMIT
FOR SUSAN RlCE / 230 WEST PINE AVENUE
PAGE 1 OF 4
2. Staff has complied with the requirements ofI.C. ~S 67-6509,67-6512, and 9~ 11-
2, 11-3 and 11-9-4 of the Meridian City Code.
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 aU 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 is Susan Rice, and the owner of record of the property is Merlyn
Schmeckpeper.
5. The proposed location for the Applicant's accessory use is located at 230 West
Pine Street, and is within an R-4 zone.
6. The principal permitted use of the subject property is residential.
7. The proposed accessory use would be onlv for a bookkeeping office out of the
home located at 230 W. Pine Street.
8. Applicant was present at the March 4,2004 hearing before the Commission to
testify or to field questions and comments from the Commission.
9. The Commission received testimony from Charlene Rokovitz, owner of the
property located at 918 West 3rd, and whose son is presently a tenant of the property, and
which residence is located directly behind the subject property. Charlene Rokovitz
testified as to the illegal operation of business being conducted out of the detached garage
as well as the residence at 230 W. Pine Avenue, along with noise and traffic issues, and
which her and her son have written letters of concern to the City in these matters, and
AFPROV AL OF ACCESSORY USE PERMIT
FOR SUSAN RICE / 230 WEST PINE AVENUE
PAGE 2 OF 4
which are on file in the City Clerk's office. The Applicant also testified to her own
opposition to the accessory use permit as well as that of her son and neighbors.
10. The Commission took into consideration letters of objection/opposition from
Charlene Rokovitz and Darrin Rokovitz, neighboring property owner and tenant located
at the property at 918 W. 3rd Street.
CONCLUSIONS OF LAW
1. That ~ 11-9~4 of the Meridian City Code establishes the factors involved in a
detennination 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 bookkeeping office 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 bookkeeping office is the potential adverse impact of
such accessory use upon adjacent property. (SII-9-4(1)(e)).
5. That the Applicant has provided sufficient proof to show that the requested
accessory use would not provide an adverse impact to other property in the affected area.
6. That the neighboring property owners have not 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.
APPROVAL OF ACCESSORY USE PERMIT
FOR SUSAN RICE / 230 WEST PINE AVENUE
PAGE 3 OF4
ORDER GRANTING ACCESSORY USE PERMIT 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 hereby granted 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 Granting Accessory Use Permit.
By action of the Planning and Zoning Commission at its regular meeting held on
the 4th day of March, 2004.
ROLLCALL:
COMMISSIONER DAVID ZAREMBA
VOTED a(;~
COMMISSIONERDAVIDMOE VOTED ~
COMMISSIONER WENDY NEWTON-HUCKABAY VOTED ~
COMMISSIONER MICHAEL ROHM VOTED ~
CHAIRMAN KEITH BORUP tIE BREAKER)
DATED: :J-It? -0
VOTED d/~~
MOTION: APPROVED: ~
DISAPPROVED:
Copy served upon Ap~licant, the Planning and Zoning Department, Public ~~rlcl~~I~~~;,II:111111
Department, and the CIty Attorney office. ~....'\O:'\~ 9:b~ t"///
...' ""pAD iA'-::'
$' GOh '-'-'.1 h v ~
,/ 2 ~ ~o ~
By~~4-&-;r()-. Dated: $../lr"-C4-~ SEAL ~
City Clerk :: "'" e%~~-=
- Fe.: r:::i'-
~ 0. ~ 2
Z:\Work\M\Meridian\Meridian 15360MlRice Susan AUP-03-021\AUPFindingsConclusionsfromP & Z.doc -::;. 7'0 ........&s, 18"\ ' '; J(?.:::
"/--?~-,,....y
/0-/,./ '::ri}",,~'f 0?',....:::-
,;<;.'0':':..:',1,::,\"\\'\\
AFPROV AL OF ACCESSORY USE PERMIT
FOR SUSAN RICE / 230 WEST PINE AVENUE
PAGE 4 OF 4