1983 07-11._ ..
AGE N D A
MERIDIAN PLANNING & ZONING
July 11, 1983
ITEM:
Minutes of Previous Meeting Held June 13, 1983
1. Findings Of Fact & Conclusions on Anderson & Hoalst APPROVED
Conditional Use Permit for Insurance Office
2. PUBLIC HEARING: Request for Conditional Use Permit APPROVED
Pre-School Day-Center 1001 Meridian St.
3. Meeting Time Change from 8:00 p.m. to 7:30 p.m. APPROVED
Recommendation to City Council
Meridian Planning & Zoning Commission July 11, 1983
Regular meeting of the Meridian Planning & Zoning Commission called to order by
Chairman Bob Spencer at 8:00 p.m.
Members Present: Marnell Chenowith; Bob Giesler; Walt Morrow
Members Absent: Gerry Sweet; Tom Eddy
Others Present: Janice Love; Wayne Crookston Jr.; Jack Niemann
Minutes of the previous meeting held June 13, 1983 were approved as written.
Item
1 Findings of Fact & Conclusion - Anderson & Hoalst Conditional Use Permit Request
There was no discussion concerning the preparation of the Findings of Fact and Conclusions
of Law.
Commission Member Bob Giesler suggested that the Commission recommend to the City Council
that they speak to the problem that Mr. Anderson and Mr. Hoalst have occupied the
structure, and have been conducting business before the Conditional Use Permit has
been issued. Giesler said that this puts the Commission Members in a very "awkward
position."
Chairman Bob Spencer said that this problem was spoken to in Item 9 of the Findings.
(See Findings of Fact and Conclusions - on File with these minutes)
The Motion was made by Morrow and seconded by Chenowith to adopt the Findings of Fact
and Conclusions concerning the Weslee Hoalst and Steve Anderson request for Conditional
Use Permit at 1434 Meridian Street for use as an Insurance Office, with the insertion
of 6 parking spaces in Item #5 of the Conculsions.
Motion Carried: Chenowith, yea; Giesler, yea; Morrow, yea
Item
2 PUBLIC HEARING - Request for Conditional Use Permit to operate Pre-School Day-Center
1001 Meridian Street by Janice Love
Janice Love was present to representher request for a Conditional Use Permit to
operate a Pre-School, Day-Center at 1001 Meridian Street. Mrs. Love presented a
preliminary drawing to the Commission showing the proposed changes to the building.
She explained that the only changes to the building will be on the first floor, as the
basement will be used for storage. purposes. The outside of the structure will be
painted and Love will be adding a porch and a fence. Love told the Commission that
this will be a State Licensed Center with a maximun of 50 to 60 Children.
Commission Member Chenowith expressed her concern over no rear fire exit from the
building to the yard.
Love said that this would be no problem and stated again that she fully intends to
adhere to any and all stipulations and codes that the City may have or want.
Chairman Bob Spencer opened the Public Hearing. "Are there any comments on this from
the audience tonight?"
There was no response.
Spencer: "Being there no response, I now close the Public Hearing."
Meridian Planning & Zoning Commission 2. July 1
Item 2 PUBLIC HEARING - Request for Conditional Use Permit - Janice Love Cont'd .
The Motion was made by Giesler and seconded by Morrow to instruct City Attorney, Wayne
Crookston to prepared the Findings of Fact and Conclusions of Law regarding the request
by Janice Love for a Conditional Use Permit to operate a Pre-school Day-care center
at 1001 Meridian Street.
Motion Carried:. Chenowith, yea; Giesler, yea; Morrow, yea
The Motion was made by Morrow and seconded by Giesler to recommend to the City Council
approval of the Conditional Use Permit request by Janice Love to operate a Pre-school
Day-care Center at 1001 Meridian Street.
Chairman Bob Spencer suggested that the Motion be amended to include that all State
Licenses must be procured.
Morrow said that he felt this was not necessary because if it "was against the Law to
operate without the proper licenses, then the liability would lie with the petitioner
not with the City."
Commission Member Chenowith disagreed saying "it is done all the time."
The Motion by Morrow and the second .by Giesler stood as stated.
Motion Carried: Giesler, yea; Morrow, yea;
Chenowith, Nay;
Item
3 Discussion Regarding Meeting Time Change
Chairman Sob Spencer explained that members of the Commission have expressed that
they would prefer to hold the regular meetings at 7:30 p.m, as opposed to 8:00 p.m.
All Members present expressed their agreement with this time table.
The Motion was made by Morrow and seconded by Chenowith that the Commission recommend
to the City Council that the Ordinance setting the meeting time of the Meridian Planning
and Zoning Commission be changed from 8:00 p.m. to 7:30 p.m.
Motion Carried: Chenowith, yea; Giesler, yea; Morrow, yea
Being there no other business to come before the Commission .
The Motion was made by Morrow and seconded by Giesler that the meeting be adjourned
at 8:32 p. m.
Motion Carried: Chenowith, yea; Giesler, yea; Morrow, yea
APPROVED:
J
A OB SPENCER
ATTEST:
`Uack 13~. Niemann
Mayor & Council (5)
Commission (5)
Schoen; Ward; JUB; Atty:
Kiebert; Niemann
Stuart; Fire; Police
Valley; Statesman; Press
Mail (6)
File - Anderson & Hoalst
Fide - Love
Mail - Anderson & Hoalst
Mail - Love
.-
WESLEE HOALST and STEVE ANDERSON
CONDITIONAL USE PEBPIIT
At 1434 Meridian, Deridian, Idaho
NDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
on June 13, 1983, at the hour of 8:00 o'clock p.m., the Petitioner
appearing in person, the Planning and Zoning Commission of the
City of Meridian having considered all evidence and matters before
them and things of which judicial notice can be given, makes the
following Findings of fact and conclusions:
FINDINGS OF FACT
1. That this property is located within the City of ~^eridian;
2. That the property is located in an area that is presently
zoned residential;
3. That the use of the structure on the property as an
insurance office which is a commercial activity is not in
compliance with the zoning ordinances or the allowed uses in a
residential zone;
4. That proper notice has been given as required by law and
all approvals and procedures before the Planning and Zoning
Commission have been given and followed;
5. That no persons appeared at the hearing objecting to the
use of the property as an insurance office;
6. That the property will be used as an insurance office and
there is presently a question as to whether there will be ample
parking for the conduct of the business;
AMSROSE,
FIT20 EPALD
6 CROOKSTON
Attorneys and
Counselors
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7. That since this is a commercial activity, the owner of
the property will be required to pay commercial rates for water,
sewer and trash and to pay any additional hook-up fees required;
8. That the property is located in an area that is planned
for future commercial zoning; that ?Meridian Street is a main
avenue of traffic through the City of A?eridian and is used by
residential and commercial traffic; that the use of the property as
an insurance office is in the best interest of the City of
Ale ri di an ;
9. That Petitioners began the remodeling and reconstruction
of the residence for a commercial use even though their Petition
had not been considered by the Planning and Zoning Commission,
and certainly prior to final approval by the City Council; that this
is deemed a violation of the City Ordinances and is not looked upon
with favor by the Planning and Zoning Commission:
CONCLUSIONS
1. That the City Council has authority to grant conditional
uses pursuant to 67-6512, Idaho Code;
2. That the City Council has authority to limit the time a
conditional use may be in existence pursuant to 67-6512, Idaho
Code;
3. There having been no objection to the use of the property
gMBflOSE,
FITZGERALO
B CROOKSTON
Attomays an0
GOUrIMIOro
P.G. BOR ~T
MatlElan,l4no
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as proposed, the Petitioner shall be able to use the property as
an insurance office indefinitely, but the City Council retains the
right to review conditional use permits on an annual basis to
see if such use is still in the best interest of the City and
the neighborhood in which the property is located;
4. That while the Petitioner began remodeling and construc-
tion of the premises prior to being granted a Conditional Use
Permit, such is not deemed, in this case only, to be grounds for a
recommendation against the issuance of the Conditional Use Permit;
5. That as a condition of the issuance of a Conditional Use
Permit, and the continued allowance of said permit, the Petitioners
shall be required to place and construct an all-weather gravel
parking lot in the rear of the residence within one (1) year from
the date of issuance of the Conditional Use Permit and within two
(2) years from the date of issuance of the Conditional Use Permit
to pave the gravel parking lot; that in the event this property is
ultimately zoned commercial, this requirement of a paved parking
lot shall still be required. The parking lot shall be of a size
sufficient to allow ~ parking spaces. That, as an additional
condition of the issuance of the Conditional Use Permit, Petitioner
shall not be allowed to place neon or electrical signs upon the
property or upon any structure thereon.
RECOMMENDATION
The Planning and Zoning Commission hereby recommends the
AMSRDSE,
FIRGERALD
b CROOKSTON
Attomeya and
Counaebre
P.O. Boa Ill
Meridlen, Idalro
B36aY
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issuance of the requested Conditional Use Permit upon the above
conditions.
These Findings of Fact nd
Conclusions were A l;,d`~
on a vote of Yea Nea ~
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-~ B ER, CHAIRMAN
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~0 EDDY
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G RY SWEET
AMBROSE,
FIiZGERALD
6 CROOKSTON
Atlomeye aiM
Counesbn
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