Carolyn Ridgeway
BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN
CAROLYNE RIDGEWAY
VARIANCE AND CONDITIONAL USE PERMIT
1223 DARRAH DRIVE
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
July 13, 1993, at the hour of 7:30 o'clock p.m., the Petitioner
appearing in person, the Planning and Zoning Commission of the
City of Meridian having duly considered the evidence and the
matter, makes the following Findings of Fact and Conclusions:
FINDINGS OF FACT
1.
That a notice of a public hearing on the Conditional Use
Permit was published for two (2) consecutive weeks prior to the
said public
hearing
scheduled
for July
13,
1993,
the
first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the July 13,1993, 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
property
is
located within
the
City
of
Meridian and the Applicant owns the property which property is
described in the application which description is incorporated
herein; that the surrounding properties are residential homes;
that the subject property is zoned R-4 Residential.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 1
3.
That the Applicant requests a Conditional Use Permit for
a Group Child Care business in the R-4 District for the operation
of a Group Child Care Home; that such use requ~res a Conditional
Use Permit in any zone where allowed.
4.
That
the
R-4
District
is
described
~n
the
Zoning
Ordinance, 11-2-408 B 3. as follows:
(R-4) LOW DENSITY RESIDENTIAL DISTRICT: Only single-family
dwellings shall be permitted and no conditional uses shall be
permitted except" for Planned Residential Development and
public schools. The purpose of the (R-4) District is to
permit the establishment of low density single-family
dwellings, and to delineate those areas where predominately
residential development has, or is likely to occur in accord
with the Comprehensive Plan of the City, and to protect the
integrity of residential areas by prohibiting the intrusion
of incompatible non-residential uses. The (R-4) District
allows for a maximum of four (4) dwelling units per acre and
requires connection to the Municipal Water and Sewer systems
of the City of Meridian.
5.
That
the
property
is
contained
in
the
CAIRNS
NEIGHBORHOOD as designated on the Policy Diagram at Page 7 of the
Meridian Comprehensive Plan; neighborhoods are defined in the Plan
at Page 6 and states as follows:
"Definition: The neighborhood is a residential area with
uniform characteristics of a size comparable to that usually
served by an elementary school or a small business
convenience center or a local park. Although neighborhoods
occur in various shapes and sizes, a section of the City
measuring one-half to one and one-half miles across is
usually used for planning purposes. It has facilities within
easy walking distances and provides the basis for community
identification."
6.
That the use proposed by the Applicant is set forth
above and the Applicant proposes to care for 12 or less children;
that the definition of Group Child Care Home allows the number of
children in that type of facility to be 12 or less.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 2
7.
That the day care use proposed by Applicant is not an
allowed conditional use in the R-4 District which the Applicant's
property is zoned; the Applicant has filed an application for a
variance from the R-4 District provisions which prohibit the use
requested by Applicant.
8.
That the subject property is occupied by the Applicant
and her family; that the yard is proposed to be entirely fenced
and have padlocked gates; that the property does have irrigation
canals or facilities in the area; that Five Mile Creek is adjacent
to the rear property line.
9.
That
sewer
and
water
is
already
connected
to
the
property, but the use may require additional charges or fees.
10.
That the City Engineer submitted comments which are
incorporated herein as if set forth in full.
11.
That the Applicant obtained the signatures of 17 of the
property owners within 300 feet of Applicant's property; that 16
of the property owners had no objection to the day care; that 1
property owner was undecided; that there was no written or oral
testimony submitted in opposition to the application.
12.
That the Applicant testified that the children would be
supervised at all times; that the hours of operation would be from
6:00 a.m. to 6:00 p.m. 5 days per week; that Applicant is not
presently caring for any children; and that Applicant has parking
spaces for cars in her driveway; that the City Engineer questioned
the ability of cars dropping off children to turn around.
13.
That the Applicant does not live on an arterial or
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 3
collector street and Darrah Street dead ends at the property's
east boundary.
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
Conditional Use Permits pursuant to 67-6512,
Idaho Code,
and,
pursuant to 11-2-418 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 a conditional use permit and the use of the property
pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418 (D) of
the Revised and Compiled Ordinances of the City of Meridian,
Idaho;
5.
That 11-2-41á (C) of the Revised and Compiled Ordinances
of the City of Meridian sets forth the standards under which the
Planning and Zoning Commission
shall
review applications
for
Conditional Use Permits; that those standards are as follows:
a.
The use is not an allowed conditional use in the R-4
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 4
b.
c.
d.
e.
g.
Applicant
District and a variance would be required to allow the
use as conditional use.
The use would not be harmonious with and in accordance
with the Comprehensive Plan and the Zoning Ordinance
since the Zoning Ordinance does not allow this type of
conditional use permit for a Group Child Care Center in
the R-4 District.
The use, however, apparently, would be designed and
constructed, to be harmonious in appearance with the
intended character of the general vicinity.
That the use could be hazardous for children due to its
location next to Five Mile Creek; it could be disturbing
to existing or future neighboring uses.
The property has sewer and water service available.
f.
The use would not create excessive additional
requirements at public cost for public facilities and
services and the use would not be detrimental to the
economic welfare of the community.
Apparently, from the petition signed by some of the
property owners in the area, the use would not involve
a use, activity, process, material, equipment or
conditions of operation that would be detrimental to
person, property or the general welfare by reason of
excessive production of traffic or noise; however,
appropriate measures would need to be put in place to
insure access to Five Mile Creek is prevented.
h.
That sufficient parking for the
proposed use would be required.
property
and
the
i.
The development and uses will not result in the
destruction, loss or damage of a natural or scenic
feature of major importance.
6.
conditional
that
the
procedures
The
use
requ~re
state
that
the
violate
or
does
covenants
not
use
restrictions; the Applicant so stated.
That the Planning and Zoning Commission does not have
7.
authority to grant variances or to process applications as if a
variance will be granted; the Commission only has authority to
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 5
process
applications
under
the
guidelines
of
existing
City
Ordinances.
8.
That
the
City
has
judged
this
Application
for
conditional use upon the basis of guidelines contained in the
Revised and Compiled Ordinances of the City of Meridian and upon
the basis of the Local Planning Act of 1975, Title 67, Chapter 65,
Idaho Code, the Comprehensive Plan of the City of Meridian, and
the record submitted to it and the things of which it can take
judicial notice.
9.
That all Ordinances of the City of Meridian must be met,
including but not limited to, the Zoning Ordinance, the Uniform
Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform
Electrical Code, the Fire and Life Safety Code, and all parking
requirements.
10.
It
is
further
concluded
that
the
comments,
recommendations and requirements of the City Engineer would have
to be met and complied with.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 6
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER HEPPER
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
COMMISSIONER ALIDJANI
VOTED~
VOTED~
VOTED~
VOTED~
VOTED
CHAIRMAN JOHNSON (TIE BREAKER)
RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends
property described in the Application be denied.
that the Conditional Use Permit requested by the Applicant for the
MOTION:
APPROVED:
v
¡tvAv
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 7