HomeMy WebLinkAboutSusan Rice AUP 03-021WHITE PETERSON
ATTORNEYS AT LAW
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March 17, 2004
William G. Berg, 7r., City Clerk
MERIDIAN CITY HALL
33 East Idaho
Meridian, Idaho 83642
Re: SU5AN RICE /ACCESSORY USE PERMIT / AUP-03-021
Dear WilL•
Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND ORDER OF APPROVAL OF APPLICATION FOR ACCESSORY USE PERMIT
prepared as per instructions from the Planning and Zoning Commission meeting of March 4, 2004,
and which are on an upcoming Planning and Zoning consent agenda.
If you have any questions arise, please advise.
V trul~urs,
ill Holinka
Z:1Work5MlMertdimlMeridien 15360MQtice 3mmn AUP-03-0211CIe~k AUP I.tr 03 17 04.doc
BEFORE THE MERIDIAN CIT'1' PLANNING AND ZONING COMMISSIbN
IN THE MATTER OF THE
REQUEST FOR AN ACCESSORY
USE PERMIT FOR A HOME OCCUPATION
LOCATED AT 230 W. PIlVE AVENUE, IN AN
R-4 ZONE FOR SUAN RICE, MERIDIAN,
IDAHO
Case No. AUP-03-021
}
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
} AND ORDER OF
APPROVAL OF
APPLICATION FOR
ACCESSORY USE
PERMIT
The above emitled accessory use permit application having come before the
Meridian Planning & Zoning Commission on March 4, 2004, at the Meridian City Ha11,
33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 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.
FIlVDINGS OF FACT
1. The Commission takes judicial notice of the Meridian City Zoning, Subdivision
and Development Ordinances, codified at 11 Mturicipal Code of the City of Meridian and
all current zoning maps thereof and the amended Comprehensive Flan of the City of
Meridian adopted August 6, 2002, Resolution No. 02-382.
APPROVAL OF ACCESSORY USE PERMIT
FOR SUSAN RICE 1230 WEST PINE AVENUE
PAGE 1 OF 4
2. Staff has complied with the requirements of I.C. §§ b7-6509, 67-6512, and §§ 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 developmem 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. 1"he 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 o~ 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 commems from the Commission.
9. The Commission received testimony from Charlene Rokovitz, owner of the
property located at 918 West and, 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
APPROVAL OF ACCESSORY USE PERMIT
FOR SUSAN RICE / 230 WEST PllVE 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 froth
Charlene Rokovitz and Darrin Rokovitz, neighboring property owner and tenant located
at the property at 918 W. 3'~ Street.
CONCLUSIONS OF LAW
1. That § 11-9-A 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 accessgry use of a residemial 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 upgn adjacent property. (§11-9-4(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 / X30 WEST PINE AVENUE
PAGE 3 OF 4
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 Applicam 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.
ROLL C., ALL:
COMMISSIONER DAVID ZAREMBA
COMMISSIONER DAVID MOE
COMMISSIONER WENDY NEWTON-HUCKABAY
COMMISSIONER MICHAEL ROHM
VOTED ~~~~-
VOTED_~
VOTED~~'
VOTED--
CHAIRMAN KEITH BORUP~ BREAKER) VOTED
DATED: ~- IS\-O
MOTION: APPROVED:, X, llISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public W,,,,~+~"O O1"'~'~~.,~
.°-__OF Mme, '
Department, and the City Attorney office. ,.~`~ ~(~ ',~q ~'%,~J
~' `,coRVOtrgT~ ¢
o
By. Dated: '~~l y~0~ ~ SEAL __
City Clerk y~ o"'
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APPROVAL OF ACCESSORY USE PERMIT
FOR SUSAN RICE / 230 WEST PINE AVENUE
PAGE 4 OF 4