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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 P.O. Soe ~P7 MsrlElen, Ide~o 83&1 TeISDNOM 8B6 MB1 J 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 SJMZ Tsleptans SBB~N7 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 TalpKOne BBN/E1 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 ~ i - -_ -~ B ER, CHAIRMAN pity c:le ~I,-~ YALT~90~RR0~'~ ~?~ ~„~ ~0 EDDY ~~~, G RY SWEET AMBROSE, FIiZGERALD 6 CROOKSTON Atlomeye aiM Counesbn P.O. Bos ART MarlElen, IEMo &tMR TsMphons BBBN81