Judith Schance AUP
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BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN
JUDITH SCHANCE
ACCESSORY USE PERMIT
1050 W. KINGSWOOD COURT
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
September
13,
o'clock p.m.,
the
of
7:30
1994,
the
hour
at
Petitioner appearing in person, the Planning and Zoning Commission
of the City of Meridian having duly considered the evidence and
the matter makes the foll~wing Findings of Fact and Conclusions:
FINDINGS OF FACT
1.
That a notice of a public hearing on the Accessory Use
Permit was published for two (2) consecutive weeks prior to the
said public hearing scheduled for September 13, 1994, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the September 13, 1994,
hearing; that the public was given full opportunity to express
comments and submit evidence; and that copies of all notices were
available to newspaper, radio and television stations;
2.
That
this
is
located within
City
of
property
the
Meridian and the Applicant does not own the property; that owner
of property is Jack Milne of Bellevue, Washington, described in
the application which description is incorporated herein; that the
surrounding properties are residential homes.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 1
3.
That the Applicant requests an accessory use permit for
the operation of a Family Day Care Home; that such use requires an
accessory use permit in any zone where allowed.
4.
That the property is contained in the MISTY MEADOWS NO.
1 SUBDIVISION.
5.
That the use proposed by the Applicant is set forth
above and the Applicant proposes to care for 3-4 children; that
the number includes caring for infants up to 4 total; that the
definition of Family Child Care Home restricts the number of
children in that type of facility to 5 or less.
6.
That
the day care use proposed by Applicant
is
an
allowed accessory use in -the R-4 and R-8 districts of which the
Applicant's property is zoned.
That the subject property is occupied by the Applicant;
that the yard will be completely fenced with a 6 foot wooden
7.
fence;
that the property does not have irrigation canals or
facilities in the area.
8.
That
sewer
and
water
is
already
connected
to
the
property, but the use may require additional charges or fees.
9.
That the hours of operation will be from 6:00 a.m. to
6: ¿)O (ลก: o~p.m., five days a week not to include weekends.
10.
That Applicant will be getting a day care license.
11.
There
was
oral
testimony
in
opposition
to
the
application;
that
Richard Brown of
Misty Meadows
Subdivision
stated he is opposed for the reason of increased traffic and
submitted a letter stating such; that Doug Moss testified stating
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 2
covenants say no businesses; that he does not like kids and that
is his reason for opposing the application.
12.
That the Zoning Administrator commented that adjacent
property
owners
have
indicated
covenants
prohibit
home
occupations; as the City does not enforce covenants, if permission
is granted by the City,
homeowners will have to follow-up on
enforcement; and the City Engineer commented that an additional
sewer and water assessment may be necessary and that since the
property is on a cul-de-sac other traffic should not create a
problem for people dropping off or picking their children up.
CONCLUSIONS
1.
That
all
the
procedural
requirements
of
the
Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
which abut the external lot or boundary lines of the property
under consideration.
2.
That
the
City
of
Meridian
has
authority
to
grant
Accessory Uses pursuant to 67-6512, Idaho Code, and, pursuant to
11-2-410 D of the Revised and Compiled Ordinances of the City of
Meridian; and
3.
That the City has the authority to take judicial notice
of its own ordinances, other governmental statues and ordinances,
and of actual conditions existing within the City and State.
4.
That
the
City
of
Meridian
has
authority
to
place
conditions on an accessory use permit.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 3
5.
That 11-2-410 D of the Revised and Compiled Ordinances
of the City of Meridian sets forth the standards under which the
Zoning Commission
review applications
for
Planning and
shall
Accessory Use Permits; that those standards are as follows:
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 from and properly screened from adverse impacts
to the health, safety and welfare of the children. The
following conditions shall apply:
( 1 )
( 2 )
( 3 )
( 4 )
(5 )
( 6 )
6.
Secure and maintain a child care license from the Idaho
State Department of Health and Welfare-Child Care
Licensing Division if required.
Acquire an occupancy certificate.
Provide one (1) off-street parking space per employee
which may be the driveway to the home.
Provide for child pick-up located off arterial or
collector streets.
Provide for screening of adjacent properties to protect
children from adverse impacts and to provide a buffer
between properties.
Provide for a fence of appropriate height/construction,
to enclose play areas, protecting children from traffic
on arterial or collector streets.
The Applicant shall keep the children in the home or
fenced yard at all times except for drop-off and pick-up times
when the parents shall be required to bring the children into the
Applicant's home and come into the home to pick the children up.
The children shall at no time be allowed out side of the fenced
area when not accompanied by an adult.
7.
That
the
Applicant
conditions
stated
in
the
meets
paragraph 5, except numbers 1 and 2 and she will have to show
evidence of the fence requirements; in regards to 1 she will have
to obtain her license and in regards to 2 she will have to obtain
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 4
the occupancy permit from the City Building Inspector.
8.
That
the
City
has
judged
this
Application
for
an
accessory use permit upon the basis of guidelines contained above
and the record submitted to it and the things of which it can take
judicial notice.
9.
That the state of Idaho Health and Welfare Child Care
Licensing for a Family Child Care Home allows up to six
(6 )
children to be cared for but the ordinances of the City of
Meridian only allow up to five (5) children under the Family Child
Care Home.
The Applicant shall be limited to a maximum of five
(5) children to be cared for under this accessory use permit.
10.
That applications of this nature are difficult because
the ordinances say the use is an allowed accessory use if the
standards are met but the neighbors strongly object.
I f the
neighbors objections are allowed to control it is government by
man not by law.
The law controls and the use shall be allowed if
the conditions are met.
The neighbors have the right to pursue
any remedy that they feel is available to them.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 5
... . ~
ROLL CALL
COMMISSIONER HEPPER
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
COMMISSIONER ALIDJANI
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED
VOTED
VOTED
VOTED 4-~.~
-"'~
VOTED ----=""'""'
DECISION
The Meridian Planning and Zoning Commission hereby approves
the Accessory Use Permit requested by the Applicant
for the
property described in the application with the conditions set
forth in the Findings Of Fact and Conclusions of Law,
which
specifically include the requirements and conditions cited in
Conclusions of Law number five (5), six (6) and nine (9) set forth
above, and that the property be required to meet the water and
sewer requirements,
the fire and life safety codes,
and the
Uniform Building Code,
and
other Ordinances
of
the
City
of
Meridian.
The accessory use shall be subject to annual review
upon notice to the Applicant by the City.
MOTION: Å~
APPROVED :j~
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 6