Bridgette Stone AUP
8
8
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
f
BRIGITTE STONE
ACCESSORY USE PERMIT FOR COMMISSARY BAKERY
626 McGLINCHEY AVENUE, MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
T~1e above entitled matter having come on for public hearing on
April 8, 1997, at the hour of 7:00 o'clock p.m., at the Meridian
C~:.ty Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant,
Brigitte Stone, appearing in person, hereinafter referred to as the
".Applicant," and with a representative, Derrick Bell, hereinafter
l."~ferred to as "Representative," the Planning and Zoning Commission
of \".1>.e City of Meridian having duly considered the evidence and the
matter makes the following Findings of Fact and Conclusions of Law.
FINDINGS OF FACT
1.
A notice of the application was mailed by certified mail,
return receipt requested, to owners of property which abuts the
ej.. t.erna.l
lo't
or
boundary
lines
of
the
property,
including
pl-operties
across
the
street,
alley and kitty corner
to the
pro,Derty¡ a notice of the application was published for two (2)
cc.!1$ecu.ti ve
weeks¡
a
notice
of
the
public
hearing
on
the
application fer the accessory use permit was published for two (2)
consecutive weeks prior to the said public hearing scheduled for
Arril 8,1997, the first pub~ication of which was fifteen (15) days
prior to said hearing; that the matter was duly considered at the
April 8, 1~97 hearing¡ that the public was given full opportunity
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BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY
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to express comments and submit evidence; and that copies of all
notices were available to newspaper, radio and television stations.
2.
The
property
included
in
the
application
for
the
accessory use permit is described in the application, and by this
reference is incorporated herein as if set forth in full.
This
property is located within the City of Meridian, Ada County, state
of Idaho at 626 McGlinchey Avenue.
3.
Pursuant to the application, the Applicant is the owner
of record of the property; the property is currently zoned (R-4)
Low Density Residential District¡ the Candyland Daycare is in close
proximity to the property; the Applicant agrees to pay increased
sewer,
water and trash fees
if
such are required due to the
increased use ¡
the accessory use includes
construction of
an
accessory building or addition to the primary building on the
property, which will be constructed at the rear .of the primary
building¡ the accessory use is for a home occupation¡ the intention
of the Applicant is to have a commissary bakery, the baked goods or
product from which are delivered to coffee shops and businesses;
and a commercial type stove and refrigerator will he installed as
part of the accessory use.
4.
The surrounding properties are residential homes and are
zoned (R-4) Low Density Residential District.
5.
The Applicant testified substantially as follows.
She is
proposing a commissary bak!-3ry,
not a full
fledged shop where
customers come and purchase baked goods and products.
She has
contracts with different coffee shops in Meridian and Nampa, Idaho.
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She is proposing a commissary bakery in which she is the only
person baking.
She has two individuals who pick up the baked goods
and products and then deliver them to certain locations.
By
looking at the outside of the building, one cannot see the bakery
or know it exists.
Only by walking inside the building will one
The addition to the building is designed to
know of the bakery.
allow her to sell the property and permit the buyer to change the
addition into an additional room.
The Applicant's proposal has
been approved by Central District Health Department.
6.
The Applicant has been conducting her business, on a
temporary
basis,
from
another
location.
There
was
a
misunderstanding concerning the application for this permit, and
the building permits were basically revoked, which created a big
issue.
7.
The proposed use is for a commissary bakery in which she
is the only one that works at night.
There has been a lot of
traffic coming and going from the property because she has been
moving her equipment to the temporary location over the last
several weeks to comply with the request of the Central District
Health Department.
8.
The Applicant submitted two letters in favor of the
requested application and proposed use.
One letter is on letter
head from TATES RENTS signed by Russell D. Robison and three other
individuals, the signature::;. of whom cannot be deciphered; this
letter is incorporated herein as if set forth in full.
The other
letter is from Leslie Dean Schuster, who, according to the letter
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owns the residence at 1940 N. Crestmont Drive.
Ms. Schuster's
letter is incorporated herein as if set forth in full, and provides
in part:
[H]er home business has never been a hinderance to anYone
in the neighborhood. I've never noticed excess traffic
problems, parking in front of other homes, more noise or
any problem of any kind.. In fact, had the city not
stopped construction, no one would have bèen any wiser.
However, our other co-resident at 1950 Crestmont,
named Joan, has for reasons unknown, undertaken a
personal war against them, canvassing our neighborhood
and feeding fears and complaints about her imagined and
exaggerated problems that this woman's quiet home
business could cause. ...
I encourage the city council to allow the
construction to resume, allow her business and caution
the council about putting too much credence in Miss
Joan's rabblerousing. ...
I feel they have been treated unfairly. Again, the
home business should be allowed to proceed. . . . The
concerns of the neighbors are, I believe, unfounded and
reactionary, due largely to coaching from Joan.
(Underline original.)
9.
The Representative testified substantially as follows.
I~ appears to him that a lot of the complaints in response to the
application are due to some misunderstandings or misrepresentation
as to the scope and nature of the project.
It is clearly an
activity that is incidental to the residence in the building.
It
consists of baking pastries, with some catering of some lunches and
dinners, which is less than five percent of her business.
The vast
majority of what she does is pastries which are delivered to the
shops and various businesses around town.
From the outside, the
addition
to
the
building "is
not
going
to
detract
from
the
neighborhood character in terms of property values.
generated by the proposed use will be less than that generated by
The traffic
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a day care in the neighborhood.
There are two. girls who Came to
the property in the morning.
The property is not a retail autlet¡
there are no signs, no exterior lighting, and nothing which really
deviates from the residential nature in this entire project.
10.
In response to questions of Commissioner MacCoy, the
Representative testified substantially as follows.
There will be
no noises which are not typically generated in a house¡ baking of
bread, muffins and cookies are things which will happen in the
neighborhood anyway.
She is not cooking doughnuts or anything
similar, so there is not a large amount of grease or a need for a
ventilation system to accommodate such type of cooking.
With
regard
to the
submitted menu,
the
selections
pertain
to the
catering of special events for businesses, lunches and meetings,
which the Applicant offers as part of her business.
The menu is
submitted as an example of the goods and products she offers.
The
menu
is
distributed
to
businesses.
She
caters
weddings
occasionally.
11.
In response to questions of Commissioner Oslund,
the
Applicant testified substantially as follows.
She does not want
her business to get too big.
She left her job for a hobby, which
is her baking business.
She enjoys cooking.
She plans to stay
very limited due to the tremendous cost of expanding, including the
cost overhead, which can be overwhelming.
Presently,
she can
guarantee that the business ~s not going to grow, but if the growth
does occur, she will look for a different location.
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12.
In response to further questions of Commissioner Oslund,
the Applicant testified substantially as follows.
There exist two
day cares in the neighborhood; one at the end of McGlinchey which
has approximately 14 children and another at the end of Crestmont.
TA Financial company is on the corner of Crestmont and Lawndale.
There is also Chips Auto Window Repair, and two other financial/
accounting services operated from residences in the area.
In
further response, the Representative testified substantially as
follows.
They have considered other possibilities.
They have
looked at the H & R Block building and considered building a lunch
counter bakery in that building.
The possibility was too expensive
considering the present state of the Applicant's business.
The
reason for the addition to the building on the property is the
added value to the building as a residence.
They plan to move the
business to a location more representative and appropriate for the
business as it develops in the future.
There has been a tremendous
demand
for the particular
service
offered by the Applicant' s
business.
If the girls who deliver the product fail to show up,
people call asking where they are.
Presently, the business is a
fledgling type of business, just trying to get off the ground.
The
Applicant
started
the
business
from
her
kitchen,
which
was
inspected on several occasions by the Central District Health
Department
and passed all
of
the
inspections.
In February,
regulations were changed so ~s to require more square footage.
The
plan for the addition to the building was developed to meet the
square footage requirements based upon volume.
The Applicant added
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that the proposed plan for the addition has been approved by the
Central District Health Department as a commissary bakery and
nothing else.
13.
Chairman Johnson commented that the considerations of the
Central District Health Department and this Planning and Zoning
Commission are different.
In response to questions of Chairman
Johnson
pertaining
to
the
Commission's
considerations,
which
concern
the
neighborhood,
the
residential
character
of
the
neighborhood and the neighbors' concerns, the Applicant testified
substantially as follows.
When the proposal became an issue, she
spoke with the neighbors in the adjacent area.
She went to each
neighbor.
She received no real objections, except one negative
comment.
The neighbors indicated that if the other neighbors have
no objection they have no objection.
She received no definite
objections until the last few weeks due to the activity which has
been occurring.
No objections arose until the construction of the
addition
to
the
building
commenced.
There
is
a
lot
of
miscommunication concerning the proposal, such as the misconceived
extent of the proposal based upon the menu.
The business does not
create traffic.
She worked in the past at night, and she is a
night person.
Her work for her business is at night.
People do
come to and go from her house; however, those who come and go are
members of her family, not business related traffic.
14.
In response to fu~ther questions of Chairman Johnson the
Applicant testified substantially as follows.
She is the only
person cooking the bakery products and goods.
She has two girls
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who deliver the bakery products and goods.
Most of the time, she
makes the early morning deliveries.
The two girls arrive at about
8:00 a.m. when the deliveries start and return by 1:00 p.m. at the
latest.
The two girls each make two trips; one to pick up the
bakery
goods
and
products
and
the
other
to
return.
As
clarification to the answers to questions of Chairman Johnson, the
Representative
substantially
testified
that,
other
than
the
Applicant, there are two delivery girls.
15.
with regard to the inquiry made by Chairman Johnson
concerning claims of increased traffic as presented in submitted
letters, the Applicant substantially testified that there are only
two vehicles involved in the operation of the business; a Chevy
Blazer and a Subaru.
There is traffic to and from the property on
a daily basis; however, this traffic is due to her friends and
family coming and going.
The Representative added substantially as
follows. The amount of traffic the neighbors have observed cannot
come from the operation of the business, because the business has
been operating from the temporary location, not the property.
The
traffic is either other people in the neighborhood, or friends
coming and going to visit the Applicant.
16.
In response to a question of Commissioner Oslund, the
Applicant
testified
substantially
as
follows.
She
has
been
operating at the temporary location for three weeks.
She does not
have delivery service of th~ raw products to her home or vendors
coming to her home.
She meets the dèli very truck at another
location,
and brings them to the property in her vehicle.
A
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service call was made to her home by Inland Coca-Cola to provide
her prices for pop for her big catering jobs.
However, there has
not been excessive traffic due to the operation of the business.
17.
In response to a question of Chairman Johnson concerning
a submitted letter, the author of which claims that the police have
been
called
due
to
excessive
noise,
the
Applicant
testified
concerning domestic disputes she had two years ago; however, these
disputes had nothing to do with her business or its operation.
She
has
also
had
one warning
from an officer concerning her dog
b'irking.
18.
In response to a question of Chairman Johnson concerning
a submitted letter,
the author of which,
J.
Blunk,
claims the
Applicant plans a walk in catering company,
the Representative
testified that there is no basis for such claim whatsoever.
They
The
have no plans for such type of business at the -property.
bus1.oess is not a retail establishment for walk in traffic.
19.
In response
to questions
of
Co:dUnissioner Borup,
the
Applicant testified substantially as follows.
She presently has
three confirmed contracts, with regard to the delivery of the baked
goods and products, with two potential contracts.
She and the two
delivery girls deliver to coffee shops.
They also deliver to other
businesses who request such deliveries.
Of the approximately 50
itcIDa offered on the submitted menu, she bakes nearly each item
every night.
She does all pf the baking.
She has a commercial
stove, which is an air central convection oven.
This oven looks
like an ordinary stove in a house.
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20.
In response to further questions of Commissioner Borup,
the Applicant testified substantially as follows.
with regard to
the comments of City staff, she believes an assumption has been
made that the project is much broader in scope than what is
planned.
There is no real need for a grease trap because the items
will not be fried, which results in grease being put into the sewer
system.
She uses no frying in the cooking; she makes pastries
which are baked.
She believes the additional' load on the water and
sewer systems will amount to approximately 10 gallons per day.
There exists very little demand for water and sewer from a bakery.
21.
In response to questions of Commissioner Borup,
the
Representative
testified
that
the
business
is
a
commercial
enterprise, which she has been operating from her home.
With any
kind of business, one needs to generate commerce.
22.
Commissioner
,Oslund
commented
that -some
types
of
businesses
operated
from
a
residence,
such
as
an
accounting
business
and
the volume
of
work of
such business,
does
not
necessarily create an impact on the neighborhood' as do other types
of businesses, such as the proposed business operation.
23.
The Applicant testified further in response to questions
presented.
The square footage of the house, including the garage,
is 1,420 square feet, and, exclusive of the garage, 1,350 square
feet she believes but is not sure.
The proposed addition to the
house is 14 feet by 30 fee~.
The two delivery girls only deliver
product of the business; they are not family members; and they do
not reside at the property.
The refrigerator to be purchased is an
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approved
single
door
vacuum
sealed
refrigerator,
the
exact
measurements of which she did not know.
The off street parking,
which is on the driveway of the property, is used by delivery
girls.
24.
Lucille
Wood -testified
substantially
as
follows
in
objection to the application.
The Applicant's property is next to
her house.
Contrary to the Applicant's testimony, there is noise.
People park in front of the property, and in front of her and her
husband's trailer.
25.
In response to questions qf Chairman Johnson concerning
the noise, Mrs. Wood testified that the Applicant has three dogs
whom bark every time someone comes to the property.
With regard to
the people who park in front of the property, including in front of
the trailer, she does not know who they are, but they are people
who come to the property.
She and her husband have lived in their
home for at least 20 years.
She and her husband want to keep the
neighborhood residential, without any businesses.
26.
Roy Wood testified substantially as foilows in objection
to the application.
Contrary to the testimony of the Applicant, he
has seen delivery trucks in the neighborhood who deliver products
at the property¡ however, cannot identify the name of the business'
delivery trucks.
27.
Lucille Wood testified that
she was
the person who
presented to the Planning.and Zoning conunission a letter dated
April 1 - 7, 1997 and is signed by 18 individuals.
This letter is
incorporated herein as if set forth in full.
This letter provides:
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We the undersigned have great concerns over the reviewing
and proving (sic) of a bakery, (sic) at 626 McGlinchey.
(sic), Meridian, Idaho. Due to limited parking, excess
travel of cars byemplyees (sic) and customers, and other
noises, we feel the above bakery would NOT be appropriate
for our small neighborhood. We are AGAINST said bakery
at 626 McGlinchey, Meridian, Idaho.
In
response
to
questions
of
Chairman Johnson
as
to
how the
signatures were collected, Mrs. Wood testified, "they live right
around us on McGlinchey and on the corner of Crestmont, they are
just around from us."
28.
In response to further questions of Chairman Johnson,
Lucille Wood testified substantially as follows.
The Applicant did
not contact her about the proposed business.
Another person, the
identity of whom she does not know, made contact with her and her
husband.
29.
Jerry Card testified that he lives three houses away to
the west from the Applicant, and he has not been c.ontacted by the
Applicant concerning the proposed business of the Applicant.
He
did not know she had a bakery at the property until he was
contacted by Mrs. Wood [Lucille Wood].
30.
Carolyn
Mitchell
testified
in
objection
to
the
application substantially as follows.
She purchased her house
because she knows the immediate area primarily consists of retired
people.
She purchased her house because of the quiet neighborhood,
which she prefers, which characteristic she desires to maintain.
The area is a residential ~rea, not a commercial area, and she
would like it to remain quiet, peaceful and safe.
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31.
A letter,
date April
4,
1997 and signed by Carolyn
Mitchell, was submitted to the Planning and Zoning Commission in
objection to the application, which letter is incorporate herein as
if set forth in full.
This letter provides in part:
Recently I have noticed an increase of traffic and
many cars parked either in the driveway of the home
located at 626 McGlinchey or on the street or both, and
sometimes blocking my immediate neighbor's driveway next
door to me. .
I ask for the sake of the neighborhood, noise level,
low traffic and the safety of neighborhood children,
including that of my own, please deny the Application
(sic) of Brigitte Stone.
31.
Lucille Groff testified substantially as follows.
She
has never had any objections to the proposal of the Applicant,
except that if the business created too much traffic it would not
be good, as there are quite a few children in the area.
The
Applicant said there would not be an increase in traffic, and she
has not observed much increase.
She believes a person should be
able to do what he or she desires in his or her home.
32.
Joan
Blunk
testified substantially
as
follows
in
opposition
to
the
application.
The
Applicant
contacted
her
concerning the proposed bakery.
At that time she expressed to the
Applicant her objection to the bakery.
Approximately eight to ten
months ago, she noticed a lot of traffic coming and going from the
property at different hours of the day.
The Applicant advised her
that no more than eight to ten people would pick up supplies and
deliver products for her,.; and she and another person would be
baking.
The noise is the problem which disturbs her and her
daughter's sleep.
The Applicant testified as to moving locations
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in the future; however, given the amount of money the Applicant is
investing, she thinks it is a better idea for the Applicant to find
a more appropriate location for the Applicant's business.
33.
Paul
Luchi
testified
in .support
of
the
Applicant
substantially as follows.
The Applicant leases from the temporary
space she presently uses for her business.
He has observed the
Applicant four or five nights and she baking was alone.
He does
not live in the neighborhood, but he cannot im~gine any noise from
what he has observed.
He has observed nothing from her work which
would create noise.
There are only two people that pick up and
deliver bakery products and goods for the Applicant.
34.
In response to questions of Commissioner Borup, Mr. Luchi
testified substantially as follows.
Over the period of time in
which she has leased the space from him,
there have been no
problems.
From his point of view, there is no Teason why the
Applicant cannot continue to operate from the space he leases to
her;
however,
available area will, become an issue due to his
business, and he does not know what her needs, in terms of space,
will be in the future.
35.
Doris Tewksbury testified substantially as follows.
She
believes the operation of the Applicant's business will create a
precedent for other businesses to try to operate business from
homes in the residential area in which the property is located.
She believes the operation of the business could cause a reduction
in the value of her property if businesses are operated in the
residential area.
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36.
A letter, dated March 26, 1997 and signed by Harry R.
Tewksbury and Doris Tewksbury in opposition of the Applicant, was
submitted to the Planning and Zoning Commission, which letter is
incorporated herein as if set forth in full.
37.
Carolyn
Mitchell
further
testified
substantially
as
follows.
The Applicant did not contact her and request her input
concerning her proposed business at the property.
Living two
houses away from the property, she has noticed, approximately five
to six cars parked on the street close to the Applicant's property
and four cars in her driveway.
38.
In response to questions of Commissioner Borup,
Ms.
Mitchell testified that she has observed these vehicles when she
comes home for lunch,
and when she arrives home from work at
approximately 5:15 p.m. she has observed the majority of the parked
vehicles.
39.
The Applicant responded to the comments of the public
substantially as follows.
Carolyn Mitchell was not notified by the
Applicant because pursuant to the information which the Applicant
obtained for the application,
Ms.
Mitchell's property was not
within the area of property required to be notified and neither was
Jerry Card.
As these individuals were not in the designated area
for notification, they were not notified or contacted.
She does
not have much contact with her neighbors, as she is the first to
admit that she is not "Miss Friendly."
The people in opposition to
the application are judging a book by its cover.
Cars come and go
from her property; however, not ten cars.
She has been working
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from the temporary location for the last three weeks.
In the
evenings
there
are two to three cars
at most
par ked a t the
property, namely, Derrick Bell's, her brother's and her respective
vehicles.
The cars have been parked outside because equipment is
in the garage.
She seeks the use of the property for her business
because she is not presently making a sizeable profit and is not in
a financial position to rent another location.
As her business
grows, she will look for another location.
She does not desire to
upset or offend her neighbors.
She apologizes for the noise
created by the activities associated with people living at her
resident.
She has three dogs, one of which is noisy¡ she does
attempt to control him.
When she goes to her home in the middle of
the night, she turns off her headlights so as not to shine her
lights on neighboring houses.
She has not been approached by
ei ther Mr. Wood or Mrs. Wood to move the cars. parked at her
property.
As far as she knows, no one in her family has been
approached by Mr. Wood or Mrs. Wood,to move the cars or concerning
their trailer access being blocked.
She is not a difficult person
to get along with.
If her neighbors have a problem with her or an
activity occurring at her property, all they need to do is contact
her and she would be happy to comply.
40.
The Representative responded to the comments of the
public substantially as follows.
He has visited the Applicant's
property over the last eight)to nine months; the period of time in
which he and the Applicant have been dating.
They are presently
engaged to be married.
Over the course of said period of time, he
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has not observed more than four cars at one time parked at her
property.
The time he observed four cars was when the Applicant
had her family members to her house for dinner.
There was one
other occasion in which six to seven vehicles were parked at her
property,
because she had her family over on a holiday.
The
Applicant is a very industrious person who works hours that others
conld not work.
He has observed her work 22 hours a day.
She is
ambitious and a very kind person.
However, she does have a short
temper, which he has witnessed on several occasions.
He has not
observed vehicles parked in front of Mr. Wood's driveway.
With
regard to being a good neighbor, two feet of Mr. Wood's driveway
encroaches upon the Applicant's property.
She has not complained
about the encroachment to Mr. Wood and permits the use of her
property for the driveway, which indicates to him that she is a
good neighbor and tries to get along with her neighbors.
With
regard to the dogs,
each time he has been at the Applicant' s
property, the dogs are brought into the house by 10:00 p.m.
The
dogs do not bark in the house, but they do bark when they are
outside.
The Applicant did not contact Mr. Wood, rather he and
another person, Everett Shutty, contacted Mr. and Mrs. Wood.
When
he and this other person contacted the Woods, the Woods expressed
their concern about parking and noises they have heard.
Everything
which he has observed at the property indicates to him that the
household is quiet and peac,eful.
In his opinion, most of the
comments and objections to the application are not relevant to the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17.
BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY
8
8
proposed
business.
The
comments
relate
to
family
related
activities, not business related activities.
41.
In response to questions of Commissioner Oslund,
the
Applicant testified substantially as follows.
The number of guests
which she can accommodate in terms of catering depends upon the
number of people attending the party.
Packard in which 440 people attended.
She has catered for Hewlet
She served a lasagna dinner,
and she prepared the food by herself, and she spent three and one-
half days preparing the food.
She puts in long hours and is not
the type of person who requires a significant amount of sleep.
42.
In response to questions of Commissioner Oslund,
the
Applicant testified substantially as follows.
She has explored
other alternatives, but she cannot afford to lease a location.
The
amount of rent to be paid for another location,
$2,000.00 per
month, is too much to handle presently.
The problem with sharing
a location with another business is available area.
She shares the
temporary location with another business, which is expanding and
will
likely need more area shortly.
As the demand for area
increases and the amount of available area decreases, she will not
be able to comply with the requirements of the Central District
Health Department.
43.
An undated
letter
signed by Roy
&
Lucille Wood
in
opposition of the Application was submitted to the Planning and
Zoning Commission, which letter is incorporated herein as if set
forth in full.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18.
BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY
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8
44.
The Assistant to the City Engineer, Bruce Freckleton,
submitted comments which comments are incorporated herein as if set
forth in full.
His comments included the fallowing:
a. Off-street parking shall be provided in accordance
with Section 11-2-414 of the City of Meridian Zoning and
Development Ordinance;
b. Outside lighting shall be designed and placed so as
not to direct illumination on any nearby residential
areas and in accordance with City Ordinance Section 11- 2-
414 D 3.¡
c. All signs shall be in accordance with the standards
set forth in 2-415 of the City of Meridian Zoning and
Development Ordinance; and
d. Sanitary sewer and water to this facility would be
via existing service lines. This site currently is
assessed with one water hookup and one sewer hookup.
Assessments for sewer and water service will be reviewed
to see if additional load justifies an adjustment. The
Applicant is to provide any information that she may have
wi th regards to her anticipated water demand. The
Applicant will be required to enter into an Assessment
Agreement with the City of Meridian.
45.
The Planning and Zoning Administrator,
Shari Stiles,
sÙbmitted comments which comments are incorporated herein as if set
forth in full.
Her comments stated the following:
The Applicant submitted a building permit application for
a "bonus room" at her residence. When reviewing the
plans, the Public Works Department noted that a floor
drain and sinks were being installed in this room. When
questioned, the Applicant stated she wanted to make
pastries for deliveries to coffee shops and businesses,
so the Applicant was requested to apply for an Accessory
Use Permit prior to obtaining a building permit.
The Applicant is currently operating at 647 Linder (the
same building as Dippin' Dots, an ice cream manufacturer)
and has been given temporary approval from Central
District Health Department. This property is zone I-L
(Light Industrial) and a bakery is a permitted use in
this zone. However, no Certificate of Occupancy has been
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19.
BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY
8
8
requested
address.
received
for
either
or
business
at
this
Attached is a copy of the menu that is being distributed
throughout town for this [the Applicant's] business[,
which by this reference is specifically incorporated
herein as if set forth in full or attached hereto]. As
shown by the menu, there is a significant difference
between a simple pastry business and the items listed.
The Applicant is proposing a full-scale commercial
kitchen in a residential zone, with the possibility of
numerous trips being required to make these deliveries.
The intent of the Accessory Use Permit is to allow home
occupations in resideßtial dwellings which do not change
the appearance of the residence nor the condition of its
residential character. The following conditions shall
apply:
( 3 )
( 4 )
( 5 )
( 1 )
No persons other than members of the family
residing on the premises shall be engaged in such
occupation;
(2 )
The use of the dwelling unit for the home
occupation shall be clearly incidental and
subordinate to its use for residential purposes by
its occupants and not more than twenty-five percent
(25%) of floor area of the dwelling unit shall be
used in the conduct of the home occupation;
No article shall be sold or offered for sale on the
premises except such as is produced by the
occupants on the premises and no mechanical or
electrical equipment shall be installed or
maintained other than such as is customarily
incidental to domestic use;
No significant traffic shall be generated by such
home occupation, and any need for parking generated
by the conduct of such home occupation shall meet
the off-street parking requirements as specified in
this Ordinance and shall not be located in a
required front yard;
No equipment or process shall be used in such home
occupation which creates noise, vibration, glare,
fumes, odor, or electrical interference detectable
to the normal sen:;~es off the lot if the occupation
is conducted in' a single-family residence or
outside the dwelling unit if conducted in other
than a single-family residence¡ and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20.
BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY
8
8
( 6 )
In no way shall the appearance of the residence be
altered nor the occupation be conducted in a manner
which would cause the premises to differ from its
residential character in the use of construction,
lighting, signs and in the emission of noise,
fumes, odors, vibrations or electrical
interference.
It is questionable that these conditions are capable of
being met. If the accessory use permit is granted, the
following conditions shall be applied:
a.
b.
c.
d.
e.
f.
g.
46.
No signage shall be allowed.
No employees that are not residents of the home
will be permitted.
Any new construction shall be in compliance with
the Americans with Disabilities Act (ADA) and all
required Uniform Codes.
Screened trash enclosures are to be provided in
accordance with City Ordinance.
Applicant shall supply the Public Works Department
with anticipated sewer and water usage for analysis
in determining whether additional assessment fees
should be charged. A re-assessment agreement will
be entered into with the Applicant. prior to
issuance of a certificate of occupancy.
The use shall be considered a commercial use, with
commercial rates applied for all billings. The
Applicant will be required to ent~r into an
assessment agreement for sewer and water use with
the Public Works Department.
The accessory use permit should be subject to
review upon notice to the Applicant. However, once
granted and the Applicant is allowed to construct a
full commercial kitchen, revocation would be very
difficult.
Meridian City Police Department submitted comments, which
respective comments are hereby incorporated herein as if set forth
in full.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21.
BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY
8
8
47.
Meridian
Fire
Department
submitted
comments,
which
comments are hereby incorporated herein as if set forth in full;
all codes will need to be met.
48.
Ada
County
Highway, District
submitted
comments
and
requirements, all of which comments and requirements are hereby
incorporated herein as if set forth in full.
49.
The
Central
District
Health
Department
submitted
comments, which comments are hereby incorporated herein as if set
forth in full.
Its comments included that after written approval
from appropriate entities
are
submitted,
it can approve this
application for central sewage and central water¡ it will require
plans be submitted for a plan review for a food establishment¡ and
a permit for this food establishment is required by the health
district.
50.
A letter dated,April 3, 1997 from Christy Klaus, EHS of
the
Central
District
Health
Department
was
submitted
to
the
Planning and Zoning Commission, which letter is incorporated herein
as if set forth in full.
51.
The
Nampa
&
Meridian
Irrigation
District
submitted
comments, which comments are hereby incorporated herein as if set
forth in full.
52.
Meridian
Sewer
Department
submitted
comments.,
which
con~ents are hereby incorporated herein as if set forth in full¡
the project will probably n~ed a 1,000 gallons grease interceptor,
and it will need a copy of the internal plumbing plans.
53.
There was no further testimony given at the hearing.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22.
BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY
8
8
CONCLUSIONS OF LAW
1.
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 of the application by certified
mail, return receipt requested, to owners of property which abut
the external lot or boundary lines of the property, and properties
across the street, alley and kitty corner to the property¡ a notice
of the application was published for two (2) consecutive weeks; and
a notice of the public hearing on the application for the accessory
use permit was published for two (2) consecutive weeks prior to the
said
public
hearing
scheduled
for
April
8,
1997,
the
first
publication of which was fifteen (15) days prior to said hearing.
2.
The City of Meridian has authority to grant accessory
uses pursuant to 11-2-410 D of the Zoning and Development Ordinance
of the City of Meridian.,
3.
The City has the authority to take judicial notice of its
own ordinances and proceedings, other governmental statutes and
ordinances, and of actual conditions existing within the City and
state of Idaho.
4.
The Zoning and Development Ordinance of the City of
Meridian defines "Accessory Use Or Structure," at Section 11-2-403
B as follows:
Accessory Use or Structure - A use or structure on the
same lot with, and of a nature customarily incidental and
subordinate to, the principal use or structure. An
accessory use or struc~ure does not alter the essential
characteristics of the principal permitted use and does
not include a building which is defined herein as a
dwelling unit.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23.
BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY
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8
The Zoning and Development Ordinance of the City of Meridian
defines "Dwelling Unit" at Section 11-2-403 B as follows, "Dwellinq
unit - Any building or portion thereof which meets adopted building
codes and is used as a residence or living quarters of one or more
persons."
5.
Ordinance of the City of Meridian provides:
Section 11-2-410 D I. a. of the Zoning and Development
The accessory determination shall be based upon the
relationship of the building, structure or use to the
principal permitted use. Specifically, it must be
habi tually or commonly established as reasonably
incidental to the principal permitted use and located and
conducted on the same premises as the principal permitted
use. In determining whether it is necessary, the
following factors shall be used:
( 1 )
( 2 )
( 3 )
( 4 )
( 5 )
( 6 )
6.
The size of the lot in question;
The nature of the principal permitted use;
The use made of adjacent lots;
The actual incidence of similar use in the area¡
The potential
property¡ and
The applicant must be the owner of the property
under consideration and the user of the accessory
use.
for
impact
adverse
on
adjacent
The
is
Low
Density
property
currently
zoned
(R-4)
Residential District.
The (R-4) Low Density Residential District
is described in the Zoning and Development Ordinance of the City of
Meridian at Section 11-2-408 B 3. as follows:
(R-4) Low Densi tv. Residential District: Only single-
family dwellings shall be permitted and no conditional
uses 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24.
BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY
. .' .
8
8
permit the establishment of low density single-family
dwellings, and to delineate those areas where
predominantly 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. .
The surrounding properties are zoned (R-4) Low Density Residential
District,
and
are
residential
homes.
Although
many
bakery
businesses exist, yet not in the subject area. of the property, a
bakery business,
even as characterized as a commissary bakery
business, is not of a nature which is customarily incidental or
subordinate
to
residential
use
of
property or a building or
structure.
A
bakery
business,
even
as
characterized
as
a
commissary bakery business, operated from a building or structure,
the principal permitted use of such building or structure being
residential, is not habitually or commonly established as being
reasonably incidental to such principal permitted use located and
conducted
thereon.
Further,
as
the
majority
of
the
other
properties in the area are used only as residential homes and based
upon the evidence presented, a great potential of adverse impact on
adjacent property exists.
7.
Based upon the description of the
(R-4)
Low Density
Residential District as set forth at Section 11-2-408 B 3., the
principal
permitted
use
of
property
in
a
(R-4)
Low
Density
Residential District, and the provisions of Section 11~2-410 D 1.
a., it is concluded that a commissary bakery business is not a use
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25.
BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY
8
8
habitually or commonly established as reasonably incidental to the
principal permitted use of a residential home.
Therefore, it is
concluded that such a business, is not a accessory use to the
Applicant's home.
8.
Section 11-2-410 D 2. c. of the Zoning and Development
Ordinance of the City of Meridian provides in relevant part:
Home Occupation Standards: It is the intent of this
provision to permit home occupations, in residential
dwellings which do not change the appearance of the
residence nor the condition of its residential character.
The following conditions shall apply:
( 3 )
(4 )
(5 )
( 1 )
No persons other than members of the family
residing on the premises shall be engaged in such
occupation¡
( 2 )
The use of the dwelling unit for the home
occupation shall be clearly incidental and
subordinate to its use for residential purposes by
its occupants and not more than twenty-five percent
(25%) of floor area of the dwelling unit shall be
used in the conduct of the home occupation;
No article shall be sold or offered for sale on the
premises except such as is produced by the
occupants on the premises and no mechanical or
electrical equipment shall be installed or
maintained other than such as is. customarily
incidental to domestic use;
No significant traffic shall be generated by such
home occupation, and any need for parking generated
by the conduct of such home occupation shall meet
the off-street parking requirements as specified in
this Ordinance and shall not be located in a
required front yard;
No equipment or process shall be used in such home
occupation which creates noise, vibration, glare,
fumes, odor, or electrical interference detectable
to the normal sen~es off the lot if the occupation
is conducted in' a single-family residence or
outside the dwelling unit if conducted in other
than a single-family residence. (sic)
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26.
BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY
, '. ,
8
8
(6 )
In no way shall the appearance of the residence be
altered nor the occupation be conducted in a manner
which would cause the premises to differ from its
residential character in the use of construction,
lighting, signs and in the emission of noise,
fumes, odors, vibrations or electrical
interference.
9.
Three
people
are
engaged
in
the
operation
of
the
commissary bakery bu,siness; namely, the Applicant and two girls.
The Applicant resides at the property and bakes goods and products.
The two girls, who are neither members of the Applicant's family
nor reside at the property, pick up the baked goods and products at
the property and deliver said items to coffee shops and businesses.
Although, it is recognized that only the Applicant bakes the goods
and products of the commissary bakery business, the two girls are
engaged in the operation of the business through their respective
deliveries.
As persons, other than members of the Applicant's
family and who do not reside at the property, are engaged in the
~peration of the business, the Applicant has failed to demonstrate
compliance with the condition that "No persons other than members
of the family residing on the premises shall be engaged in such
occupation."
It is further concluded that the commissary bakery
business does not qualify as a home business accessory use because
persons, other than members of the Applicant's family who reside at
the property, are engaged in the commissary bakery business.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 27.
BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY
8
"
8
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Planning and Zoning Commission of the City of Meridian
hereby adopts and approves these Findings of Fact and Conclusions
of Law.
ROLL CALL
COMMISSIONER BORUP
VOTED
COMMISSIONER SMITH
VOTED
N°-- ~E .
A)i)- ~
COMMISSIONER MACCOY
COMMISSIONER MANNING
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED
DECISION
The Meridian Planning and Zoning Commission of the City of
Meridian hereby decides that the commissary bakery business, for
which the Applicant proposes to obtain an accessory use permit, is
~ot an accessory use, and that the application for an accessory use
permit be and is hereby denied.
....
MOTION:
APPROVED: ~
~/ 1,/17*
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 28.
BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY