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BEFORE THE PLANNING AND ZONING COMMISSION OF TEE CITY OF MERIDIAN
DEBB M. CARSTENSEN
ACCESSORY USE PERMIT
1840 EAST MEADOW WOOD STREET
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
June 8, 1993, at the hour of 7:30 o'clock p.m., the Petitioner
appearing in person, the Planning and Zoning Commission of the
Ci ty 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 Rezone
Application and the Conditional Use Permit was published for two
(2) consecutive weeks prior to the said public hearing scheduled
for June 8, 1993, the first publication of which was fifteen (15)
days prior to said hearing; that the matter was duly considered at
the June 8, 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 1
3. That the Applicant requests an accessory use permit for
the operation of a Family Child Care Home; that such use requires
an accessory use permit in any zone where allowed.
4. That the property lS 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."
5. That the use proposed by the Applicant is set forth
above and the Applicant proposed to care for 6 or less children,
and 4 of her own children; 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 in the R-4and R-8 districts of which the
Applicant's property is zoned.
7. That the subject property lS occupied by the Applicant
and her family; that the yard is completely fenced; that there is
a 1,000 foot play area, along with an 80 foot graveled sand box;
that the property does not have irrigation canals or facilities in
the area.
8. That sewer and water is already connected to the
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 2
property, but the use may require additional charges or fees.
9. That there was written and oral testimony submitted in
opposition to the application; that the reasons cited as grounds
for objection relate to the increase in traffic and parking
problems, it was expressed that the day care would interfere with
the residential character of the area and would hinder the resale
of property. There was no testimony submitted in favor of the
Application.
10. That the Applicant testified that the children would be
supervised at all times; that her hours of operation would be from
7:00 a.m. to 5:30 p.m. 5 days per week and closed on the holidays,
that she was now caring for 6 children; and that she had parking
spaces for three cars in her driveway.
11. That the Applicant does not live on an arterial or
collector street.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 3
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.
5. That 11-2-410 D 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
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, safely and welfare of the children. The
following conditions shall apply:
(1) Secure and maintain a child care license from the Idaho
State Department of Health and Welfare-Child Care
Licensing Division if required.
(2) Acquire an occupancy certificate.
(3) Provide one (1) off-street parking space per employee
which may be the driveway to the home.
(4) Provide for child pick-up are located off or arterial or
collector streets.
(5) Provide for screening of adjacent properties to protect
children from adverse impacts and to provide a buffer
between properties.
(6) Provide for a fence of appropriate height/construction,
to enclose play areas, protecting children from traffic
on arterial or collector streets.
6. The Applicant shall keep the children in the 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 4
area when not accompanied by an adult.
7. That the Applicant meets the conditions stated in
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
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. If 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 5
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
VOTED~
VOTED~
VOTED~
VOTED~
VOTED
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
COMMISSIONER ALIDJANI
CHAIRMAN JOHNSON (TIE BREAKER)
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 conditional use shall be subject to annual review
upon notice to the Applicant by the City.
MOTION:
APPROVED:~ DISAPPROVED:
FINDINGS OF FAC~ AND CONCLUSIONS OF LAW -- PAGE 6