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Spencer, Berton & Deanna CUPL' WILLIAM G. BF_RG, JR., City Clerk JANICE L. LASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Dep~etrnent (208) 887-2211 Motor Vehicle/Drivers l.ioense (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R.TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMII~ENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City CIer1~ ~y: A ril 2 1996 TRANSMITTAL DATE: 3/18/96 HEARING DATE: 4/ ~/96 REQUEST: Conditional Use Permit for phatographic portrait studio BY: Berton Bz Deanna Spencer LOCATION OF PROPERTY OR PROJECT: 213 East Third Street JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P!Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN• SCHOOL DISTRICT MERIDWN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS {RRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: Berton R. & Deanna L. SpeneeP - - = PHONE: (208) 888-5102 ADDRESS: 213 East Third Street GENERAL LOCATION: East Third & Williams - O.T. DESCRIPTION OF PROPOSED CONDITIONAL USE: We propose to use the above location as our residence, as well as a Photographic Portrait Studio. In addition tae wish to enclose our carport for the Portrait Studio. ZONING CLASSIFICATION: OT PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 35 copies). I certify that the information contained herein is true and correct. ,~ -' Vl".:., :, :.~ , tom) ~ ~-; Signature of Applicant `~'~ Social Security Number'~40-64-8858 LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _. m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at SUBDIVISION, BLOCK ,LOT TO i CONTENTS OF CONDITIONAL USE APPLICATION An application for a conditional use permit shall be filed with the Administrator by the owner of the property for which such conditional use is proposed. At a minimum, the application shall contain the following information: 1. Name, address and phone number of applicant; 2. Name, address and phone number of owner of subject property; Same as applicant 3. Legal description of property; See attached warranty deed 4. Proof of ownership of subject property (warranty deed) and notarized consent of property owner; See attached warranty deed 5. Description of existing use; Re s i d e n t i a l 6. Present use of subject property; Re s i d e n t i a l 7. Proposed use of the subject property; Residential a s w e 11 as Photographic Portra~.t Studio. 8. The District (present zoning} that pertains to the subject property; Old Town 9. Thirty (30) copies of a vicinity map of a scale of one inch equals three hundred feet (1 " = 300'); 10. Characteristics of subject property which make a conditional use desirable; See attached letter 11. A listing of the mailing addresses of all property owners (from authentic tax records of Ada County) who are within three hundred feet (300') of the external boundaries of the land being considered, and a list of all owners within the area being considered for a conditional use; See attached 12. A fee established by the Council; $275.00 + $1.42 each for certified mailings for each property owner listed within the 300 feet =Total Fee 13. A statement that the applicant or user of the property agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential, commercial or industrial; and See attached 14. The application shall he verified by the applicant which shall state that he has read the contents thereof and verifies that the information contained therein is true and correct. See attached 15. The property will be posted 1 week before the hearing stating they have applied for a Conditional Use Permit or Zoning. There must be a signed affidavit that this will be done as part of the application. See attached ~~- :. A PiOfllOr COmHi'.y PIU\t:I:R "17TLE CO~IPA~Y OF ADA CCUNIY 821 West State Street / .Boise, Idaho 8370:-5336 / Telephone (20.K' 3.36-67110 1VARRANTY DEED (I~DMDL'AL) FOR VALUE RECEIVED J . V. DROST and MP.RGL'ERITE DROST, husband end wife Grantors , do hereby grant, bargain, ull and convey unto BERTON R. SPENCER and DEANNA L. SPENCER, husband and wife the Grantcc s , wh(xe current address is: 213 East Third Street, Meridian, ID 83642 the following dcscrilxd real property in Ada County, State ofldaho,morcparlicularydcuribedas follows, ur•w,t: A portion of Lots 9 and 10 in Block 4 of the ANE.~DED PLAT OF BLACKS 2, 3, 4, AND 56 OF THE BOWN ADDITIOIti TO MERIDIAN, according to the official plat thereof filed in Book 5 of Plats at Page 215, records of Ada County, Idaho, as more particulary described in the attached Exhibit 'A", which by this reference i.: made a part hereof and which consists of one (li) page. 922230? P~~EA T1T ~ AGE : - :.;' r, ; ,;. FOR ~ LE J. DAV:C :;a~:aRRO RECORDER B '92 APR 10 PP1 4 O1 TO fiA VE AKD TO HOLD the said prcmisrs, with their appurtenances unto the said Grantees and Grantee s heirs and assiens forever. And the sail Grantor s do hereby crncnanttoand with the said Grantees ,the Grantors are the owner s in fcc simple of said premises; that said premius are free from all encumbrances, EXCEPT those to which this comeyancc,is expressly made suhjcd and th~rcc made, suffered or done by the Grantees ;and subject to reservations, restrictions, dedications, casements, rights of wa} end agreements, (if any) of rewrd, and general taxes and assessments, (includes irrigation and utility assessments, (i(a~n) for the current yrar, which arc not yet due and payable, and that Grantors will warrant and defend the same from all laufal claims whatsoever. D~tcd: April 09, 1992 T / /If L-~rt~/tI /~I ~yt/~" ~ OST HAP.GUERiTE DROST STATE OFldaho_ _. Counn of Ada , ss. On this~,Q_day of April , in the year of 1992 ,before me~djsh M ratton _ , a notary public, per- sonally appeared~~_Dros r`and_ uazguezite_Dzo~ r ' known or idcntifie~it~~rabf the person s_whose name s- arc __subscribed to the within irulrument, and acknowledgcJ W}ipr tN1(t t~¢,;f~.}~tuted the same. ~ Notary Pub' __ - - :* i ~o - Residingat:~oise~Idah(L- i Vey ~•- - ~,, ~ * bfy Commission ExpiresaQ_L-92-- ,...... F.>®IBI? wew t, ter;, xd< ~~ ~ ~ `'~rA PORTION OF LOTS 9 M1D t01N BLOCK 4 OF THE AMENDED PLAT OF BLOCKS 2.3,a ANO 5 OF THE • ~~ ~-, ~~' °~, GOWN ADOITiON TO MERIDUW. ACCORDING TO THE OFFlCL4L PLAT THEREOF, FILED IN BOOK 5 OF ,c :._ `~' PLATS AT PAGE 215, OFFlCIAI RECORDS, MORE PARTICULARLY OcSCAIBEO AS FOLLOWS: f~A~4:9 3h i ~ ~ e ~.. r COMMENCING AT THE NORTHEAST CORNER OF LOT 10 IN BLOCK 4 OF SAID SUBDIVISION, THENCE =' SOUTHERLY ALONG THE EASTEPLY BOUNDARY OF SAID LOT t0, A DISTANCE OF 35 FEET TO A "~ POINT, SAID POINT BEING THE REAL POINT OF BEGINNING; THENCE CONTINUING :_-~ .SOUTHERLY ALOONG THE EASTERLY BOUNDARY OF SAiD LOT 10, A DISTANCE OF 35 FEET TO A •_` POINT;THENCE LEAVINGS SAID EASTERLY BOUNDARY OF LOT t0, THENCE ~` SOUTH 88 52' WEST 80 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID LOT 9, SAID POINT `r . BEING 70 FEET SOUTHERLY OF THE NORTHWEST CORNER OF SAID COT 9; THENCE -.NORTHERLY ALONG THE WESTERLY BOUNDARY OF SAID LOT 3, A DISTANCE OF 35 FEET TO A .POINT: THENCE ;NORTH 8852' EAST 80 FEET TO THE REAL POINT OF BEGINNING. END OF LEGAL DESCRIPTION March 14, 1996 Greeting to the City of Meridiaz:: RE: Conditional Use Application From: Berton R. & Deanna ,Spencer For: Proposed Business: Drost Portraits 213 East Third Street Meridian, Idaho 83642 (208) 888-5102 Dear City of Meridian, It is our intent to utilize a portion of our residence to photograph and produce Professional Portraits of Famlies and Individuals. We would also like to enclose our present carport for the exclusive use of the Photographic business. Mr. Berton Spencer as a Photographer has produced many noteable portraits over the last sixteen years as a resident of Meridian. Some of his works are on permanent display at the Cathederal of the Rockies, in Boise. This means that we will be using Professional camera, backing and lighting equipment. Mrs. Deanna Spencer, has considerable experience in the areas of Business management, extensive customer service relations as well as sales. We are very confident in our goals as a Portrait Studio, and our relationships with our community members to provide a High standard of Quality service Thank-you Sincerely Mr. & Mrs. Berton R. Spencer March 14,1996 10. We feel this area due to its old town enviroment, will provide a relaxing atmosphere for individuals desiring portrait services, which we will provide. We also feel its proximity to the downtown business area makes this an ideal location for our type of business. 3. I, Berton R. Spencer, agree to pay... any and all additional sewer, water, or trash fees or charges if any, associated with the use, whether it be residential commercial, or industrial. Berton R. Spencer I hereby certify that the information contained herein is true and correct. ., ! ~ SIGNATURE: SSN: STATE OF IDAHO ) ' SS. County of Ada ) On this ~~, day of ~; ;;; ,-'- ,1996, before me, the undersigned, a Notary Public in and for said State, personally appeared Berton R. Spencer }mown or proved to me, to be the person whose name is subscribed to the within instrument, and ac}mowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above ttritten. y,_ Notary Public for Idaho Residing at: - ~ ~ ~ „ , - --:~__..~ _ My Commission E~.•pires: ~: _ , , 4. I, Berton R. Spencer certify that the contents thereof and verifies the information contained is true and correct. Berton R. Spencer I hereby certify that the information contained herein is true and correct. SIGNATURE: /.~"' fig,./ '-~~'~?~/~~ STATE OF IDAHO ) ~ Date g ~' ~ ~~ , SS. County of Ada ) On this ~.~i day of ti.,-, ,-. ~„ ,1996, before me, the undersigned, a Notary Public in and for said State, personally appeared Berton R. Spencer Down or proved to me, to be the person whose name is subscribed to the within instrument, and ac}mowledged to me that he e:{ecuted the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above trritten. ~',- . ~ ,z `~~. Notary Public for Idaho Residing at • ~ ,., , _ - ~_ _ ,-_ . My Commission Expires : . - % >- _ _ 5. I,Berton R. Spencer, agree to post (1) One week before the hearing stating that they (tae) have applied for a Conditional Use Permit or Zoning. Berton R. Spencer I hereby certify that the information contained herein is true and correct. SIGNATURE: ~i~ STATE OF IDAHO ) ' SS. County of Ada ) SSN: ~~ y . ~4 Date J i Ste'`,,' - On this ~~~ day of ~,~,,,. „ ~,,, ,1996, before me, the undersigned, a Notary Public in and for said State, personally appeared Berton R. Spencer known or proved to me, to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS ~vY~REOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at: , ~: ~- ~ ~., My Commission E~-pires:_ ;: ___ - ----------•-- L-- .._,.~ n6 . -- J.r . ..y ~ CALA~.~F'R~`S SUB. : --~ ;--: ;-+.__; . _~ ~ ~---- - TT- ~__. f t -- _~-----~ ~ -----_ a .v ~ __ ~ ;a --J~ Z --- _ 3 ~----- - - - _ -- R ~----- _.L ~ _ ! -{ ~ -~- v, -- ~ --- •~ io l S 6 S i ~~ ~ S L ~S f ; ~ 6p ~ 60 0 • f ~ L..~;iZJ ~ - y or ,. ~ - - m ' i __ ~ .. ~ W ~• or I . ~3s~ . , m~ V ~~ ~ ~ _ o ~ ' ~~~ I Z~~ i ~s i ~ I ' N TT ~` m - N W ~ UI ~ O •J ~. v n~. err ~. ~~ ~ (T W .A ~ _ N ~ tD O O N - N O C1 N N I ~ N ~ W Qf ~n y.l L _ _ ~ i _ - __1 'L ~' ao -o~ -- 00 r--- -- '~ r- C A c~ Z7 _ ~~~~ ~ a :c~ -~ ~ O - ~ O ~ ~-~~ 9 ~. °:- ~ ~ ----i ~-----~ .-~. O '_ J J ~~ F~ - - ---± ~~ .. ~ I S m ~.... CT: ~ ~ ~` ~-'~r-- `~ I .~ -! 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' ~ -_.._ .._.. 1 _. __ -~, -~-'. .~ v ~ ~ ~ c, -~-- N ~h ~ x W -_. a 3_~ .~ x LLt L - 4 ~_' h L~.L ,~ _ ~- ~~ L$ h ~ ~U li L .. ~ ~ flgQ L ._ _ ~ ~..__ _-- ---_v~_. __ .._ ~-~ _- .._--- _ i ------ -^-----^----~-- ' ___--- __1- ! ~ ~ _._ -- ~.. ... ~y - .- ---._. -.----. .___ ~._ i ----- _ ~ t MERIDIAN CITY COUNCIL MEETING: JUNE 4.1996 APPLICANT: BERTON $ DEANNA SPENCER ITEM NUMBER; 11 REQUEST: REQUEST FOR A CONDITIONAL USE PERMIT FOR A PHOTOGRAPHIC PORTRAIT STUDIO AGENCY COMMENTS CITY CLERK: P 8~ Z MINUTES FROM 4-9-96 CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoning Commission April 9, 1996 Page 34 Oslund: I thought it was just a plat? Johnson: You are right it is just a plat, sorry about that, recommendation. Hepper: Mr. Chairman, I move that we recommend approval on the preliminary plat. MacCoy: Second Johnson: Commissioner Hepper motions for approval, seconded by Commissioner Malcolm MacCoy, all those in favor? Opposed? MOTION CARRIED: All Yea FIVE MINUTE RECESS ITEM #12: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A PHOTOGRAPHIC PORTRAIT STUDIO BY BERTON & DEANNA SPENCER: Johnson: At this point I will open the public hearing and invite the applicant or the applicant's representative to address the Commission. Berton Spencer, 213 E. 3rd, was sworn by the City Attorney. Spencer: Originally when we began this process and what we determined was really quite a process what we would basically need is we need a place to do some photographic portraits. The main thing that we are considering is for like seniors and at this location there wouldn't be more than one possibly two seniors there at a time. It is going to be very limited. The other thing would be interviewing and discussing wedding plans with brides should we do weddings: Most of our work is done on site. For instance working with seniors on the green belt, environmental type work. We originally made the application for the enclosing the car port for a photographic studio and I saw that there were several questions and comments with regard to that. Basically how we feel at this particular time is that anything that if you don't want to enclose it we won't enclose it. I have also noticed that there are also some concerns about a sign and that sort of thing. This would be an appointment only sort of situation that we would like to have at this location. I am not sure at this particular time if an accessory use permit might be a better thing than a full conditional use permit but we would just like to state that any, we would be more than willing to work with the Commission on any way it would allow us to be able to do this. Johnson: Thank you Mr. Spencer, any questions from the Commissioners to the Applicant? Meridian Planning & Zoning Commission April 9, 1996 Page 35 MacCoy: I do, you say it is going to be done by appointment only? Spencer: Yes MacCoy: How do you plan to advertise, through the yellow pages or though billboards or what? Spencer: Yes and word of mouth that sort of thing. As far as billboards, .the other thing would be like the school paper with a phone number that sort of thing. MacCoy: You have read the material that was written up by the City? Spencer: Yes, I would also like to include that there won't be any type of photographic processing done on the site so as far as the compliance with the City sewer there wouldn't be any problem. MacCoy: Let's go back one step here, you list your home at 213, I got the impression that was a single family dwelling. I took a look at it and it is a duplex. Spencer Yes, when we originally purchased the property there was a question about that and we went to our insurance agent and he said that they insure it as a single dwelling property because there is a split. evidently there is some sort of fire between the two so they are able to insure them as separate properties. MacCoy: Probably a fire wall in there. Spencer: The other owner is here this evening as well. MacCoy: I would like to hear from them later on. I have got a concern the fact that it is a duplex, because 215 being your next door neighbor I have seen over the years this type of installation causing a problem. You mentioned chemicals not being used in the building, what kind of assurance do we have that is not going to happen? Spencer: There used to be a problem in the past with nitrates in films, that is no longer a concern. As far as lighting, 1 don't use flood lighting, it is all electronic. So there won't be a problem with that. MacCoy: There won't be a problem with wiring for example. Spencer: It is very low. Meridian Planning & Zoning Commission April 9, 1996 Page 36 MacCoy: Let's go back to your carport now, do you still plan to frame that to make a room out of it or are you going to do that in your home? Spencer: I would like to but I would, at some point my wife would like to have the extra space. I frankly, at this juncture I would like to leave it to the Commission if that would be acceptable. MacCoy: Because framing that carport in puts you, I can see your neighbors fencing which is pretty close. Spencer: There is five feet from there in between the fence that exists there. MacCoy: Is that a four foot high fence? Spencer: No, I think it is more like a three (inaudible) in fact it is getting rather old if you noticed. That is going to have to be taken care of sooner or later. MacCoy: Where do you park your car when the car port is gone. I noticed behind your area it doesn't look conducive to put more cars and more vehicles. Spencer: There wouldn't be any access to get to the rear of it. MacCoy: So you would be forced to park on the front part of your property. Spencer: We have measured that and I am not sure of the requirements but there are 25 feet from the existing sidewalk to the street. and even without the carport there you could easily put three in front and one in the driveway which is four vehicles. Frankly I don't see any situation where we would be having more than two other vehicles there. MacCoy: Okay, so you wouldn't plan to park your car on a I guess a concrete pad of some kind in front of your existing (inaudible) Spencer: There is one existing there now. MacCoy: Did they list the fact that (inaudible) Spencer: There is an existing four foot sidewalk there that runs the entire length of the block. But it is getting rather old anyway. I am assuming that here when they were talking about the installation of a five foot sidewalk that would go in its present position. MacCoy: You mean replace what you have. Meridian Planning & Zoning Commission April 9, 1996 Page 38 the equipment is rather portable. So it would also require that we take the equipment down. as well so that she could discuss plans with brides that want to come in and have a wedding and to show work. Oslund: You said that there is not going to be any photo processing on site, where would that occur? Spencer: That is done out of state. I presently have a professional lab that I deal with. Oslund: You did say that if we were to approve this without the enclosure of the carport that would be acceptable. Spencer: That would be acceptable if it was between not being able to do my photography and that. I am just trying to work with you. Oslund: Then, just to make this clear on the, in terms of the advertisement and that sort of thing then you would not be necessarily or you would not be advertising your location for just for folks to just come in. Spencer: In fact we would if we could stipulate it would be by appointment only, would that be acceptable. I also have some photographs of the property if you would like those. Johnson: If you submit those to us it becomes property of the City I have to tell you that in advance. Hepper: I had a quick comment, I am not sure that the feasibility of enclosing the carport would be satisfactory. You would probably have to, you can just build a wall and set it on the concrete slab. In order for the building department you would have to check with the building department but you would have to have a footing and foundation under there (inaudible) just like you have to have for a house. The cost of tearing all of that out and putting that in is probably more then the cost of the carport right now. Spencer: I was, it was one of those things where I was going to go do that then somebody said no before you do that come here first. Hepper: I don't know maybe Gary can comment on that, I believe that I am right. The building requirements would require a footing and foundation and redwood plate and all of that kind of stuff just like a new construction. So the only thing you would be salvaging would be the roof but you would basically have to rebuild that as a part of the house. Johnson: Did you indicate that your neighbor was here that is in the same building? Meridian Planning & Zoning Commission April 9, 1996 Page 39 Spencer: Yes Johnson: I would be interested in hearing if he would be willing to come forward or she. Sharon Barrows, 215 East 3rd Street, was sworn by the City Attorney. Johnson: The concern of some of the commissioners I believe, Commissioner Oslund and also Commissioner MacCoy is compatibility of a commercial enterprise with someone so close in proximity. My question to you is what is your reaction to this application and are you on the favorable side or the negative side. How do you view this application affecting your way of life. Barrows: Our property is really close to down town Meridian, we are, I don't know what you call when you are living in a commercial area anyway. As I see it I see this photography studio as something positive; I think it will upgrade our property myself. It truly doesn't sound like anything where there will be cars coming and going, coming and going, it sounds like sort of a quiet family small business. I felt that it was positive. Johnson: In other words you do not have a specific objection to the application as has been presented. In case the record did not get that she said no she does not. For clarification you are owners or your unit or your portion of the duplex. Barrows: Yes, I don't own it yet but 1 am buying it. Johnson: Right, it is not a rental situation. Barrows: No sir Johnson: Any questions of the neighbor, I am sorry the name escapes me right now. Thank you very much we appreciate your testimony. Is there anyone else that would like to come forward on this? Crookston: I would just have a question for the applicant Mr. Spencer. Johnson: Is that it? Crookston: Mr. Spencer if you did use the carport my question is are you going to operate in the winter? Spencer: If it wasn't enclosed I wouldn't operate it in the winter of course without enclosing it in. At this particular point it sounds awfully unfeasible to do that because of the cost of Meridian Planning & Zoning Commission April 9, 1996 Page 40 enclosing it in. Crookston: Are you aware that you would have to bring the property up to code, meet all of the codes to do this? Spencer: You mean for the carport, I am not sure about the other codes as far as if we were to use a conditional use permit without the carport suggestion. Crookston: It would be the electrical, the mechanical, the water and sewer codes, all of it. Johnson: Well you need to be more specific, are you saying that none of this meets code now? Crookston: I have no idea whether it does or does not, I am just saying that is required. Johnson: Of course that was in the comments from staff, you have those comments do you not? Spencer: Yes, I have a question about the fire department requiring the 25 foot in one of the comments. I don't understand what that requirement exactly is. It was on #4 general comments on the first page. As far as the American with Disabilities act, I will have to read and find out what that is specii'ICatly referring to. Whether it is referring to wheel chair access only. (Inaudible) Oslund: You alluded to early on in the testimony that you weren't sure if you were supposed to be getting a conditional use permit or an accessory use. The way that I see it anyway, if you were going for the proposal as stated that is the enclosure and the sign out front and that kind of situation then I guess I would say yes that this is a candidate for conditional use permit. I guess it is but if it is reduced, the scope of this thing is reduced to the point where what you are talking about is you have people over you are not openly advertising. You have clients over one and two at a time and you are taking pictures of them and you are not processing the film on site and none of your neighbors seem to, the ones we heard, didn't have any objection and you noticed the rest around your area. I guess I just don't see the problem, I can't answer or address Wayne's statement about bringing everything up to code. It seems like if somebody wants to do that it should be Johnson: What you are saying Commissioner Oslund is this is a candidate for accessory use is that what you are saying? Meridian Planning & Zoning Commission April 9, 1996 Page 41 Oslund: I guess I am asking Johnson: Let's get Shari's feed back on that since Shari is the expert on Accessory uses. Stiles: Commissioner Oslund and the rest of you, they did initially apply for an accessory use permit. However because of the of the commercial aspect of it and the fact that it is in Old Town I did not feel it was eligible for an accessory use permit. Usually the home occupations are merely office like such as a real estate or insurance where they do not have trafFc coming in and out. All they want to do is use it as a business address and don't use it as a commercial site.. That was the reason for requiring conditional use permit. Johnson: There is usually little to no traffic, no signage. Stiles: Yes Oslund: I guess what I am asking is and that determination I assume was made given the facts that are in his application that is the sign out front. I think the application at least Spencer: Excuse me in the original accessory use permit application I didn't include that sign, that sign was basically just an after thought. Oslund: How about the addition? Spencer: The addition I believe was in it. (Inaudible) Oslund: I guess it would be my opinion that if we adjust the application to eliminate all of those things and he wants to have just one or two clients in his home on occasion without general advertising to take pictures it seems like it should fit. Especially when we have noticed all the neighbors and one showed up and has no problem and the others didn't find a good reason. Stiles: I believe if this were an occasion where none of the work were done at the home and they simply had a business and wanted to go out on site like they were going on the green belt and things like that, I think that would be fine as an accessory use permit, but I still believe this is a commercial use of the property and it should be under the conditional use permit. Johnson: The last and I am not arguing with you, but the last accessory use that I recall that we approved was a fellow that actually made, manufactured wood signs in his home. There was no traffic there and that seemed to be the reason that we permitted the accessory use, but there was work there. He had converted his garage, there was no Meridian Planning & Zoning Commission Apri 19, 1996 Page 42 structural change to his building, but he was doing his sign work out of the garage. I am a little foggy myself on accessory uses. Accessory uses don't require for lack of a better term the rigmarole that we are going through tonight. Shari's point about OId Town, we have a special designation for this area Old Town because we want to kind of see it retain its integrity so to speak. So everything in Old Town is conditional use where it not in others areas of the zoning. That may be one of the guiding reasons that she decided that it wouldn't fit accessory use. I am not putting words in your mouth I am just trying to see where we are coming from here. We need to address at a different time what constitutes an accessory use and~what doesn't. I tend to agree with Greg which I don't do very often that maybe this isn't a conditional use but that is the Commission's call. Crookston: (Inaudible) I believe that whether it is a conditional use or an accessory use they still have to meet the codes. Deanna Spencer, 213 E. 3rd, was sworn by the City Attorney. Spencer: I guess what my question was concerning code, was we have done some research to find out what it is we need to bring this area into code as far as electrical, heating, as far as any of these other things that would have to be added. I guess what my question was is there anything different that you are talking about in this area that I am not aware of? Crookston: Well there would be one thing that you haven't mentioned that could be a problem is the fire code, the health and life safety code, mechanical code, electrical, mechanical, that is all that popped into my head right now, Shari? Stiles: Uniform Building Code which would include the American with Disabilities Act. B. Spencer: And then we would still, we couldn't ask for a waiver of any of, for instance the parking ordinances or that sort of thing? Crookston: You can always apply for a variance but when they are specific requirements it is very difficult for the City to grant them. Johnson: (Inaudible) City Council which is where the variance has to be approved not before this body, it is reluctant to vary anything that is required by code. D. Spencer: These are all things that I am sure we would have to have someone address. We are required to meet any of those codes and so it is something that definitely we need to do. Meridian Planning & Zoning Commission April 9, 1996 Page 44 Smith: With respect to the codes and they do this primarily for sale of home orfor a buyer perhaps but primarily for transfer ownership or homes. I would assume that they could do the same thing. Johnson: You locate those people in the yellow pages or do you have references? Smith: Well, we have a contractor that works for us in the building inspection department, his Company (End of Tape) he is in the building department and I think he does this kind of work outside of his regular City inspection duties. I think he can advise these folks of what they would need to do to upgrade in all of these categories. I am not sure of that but certainly could give him a call and check with him. If he can't I would suspect that he could advise them of someone that could. Johnson: Thank you, what we need to do here is help these people out so they don't spend a lot of money going off into one direction and not be able to realize any return. D. Spencer: I just wanted to further comment here that we wanted to do a small business operation in hopes that someday we would be able to increase. Then at that time be able to go out and rent the appropriate square footage for studio or reception for sales area and maybe even production. What my thought was after this was accomplished I would like to use and have that area revert back to residential as a spare family room or something that we would like to use as additional space. So on those other things we would have had to I think we would have had to do that anyway. Hepper: From my own perspective on this I think, I don't really see where it is a problem. If it is feasible for you guys to do it, just taking some pictures is really not a big intensive use. I have no problems with putting a studio in there it is just if it is feasible for you to do it. I think from my standpoint I don't have any problems with it. Oslund: I agree, not sure how we get you through this as fast as we can. Like I said I was kind of leaning towards the accessory use but I don't know if we can get that. {don't know if it makes any sense, you are really close to getting through this process and like Wayne said some of these issues about code requirements would apply regardless of the planning process that you go through. I don't believe though, I guess I like, it is a good idea with the exception of I don't really like the idea necessarily of the sign and the addition. But the other stuff. D. Spencer: Well I can do without the sign, it is not important. MacCoy: But if you plan to do the addition anyway for another thing down the road then that is a different story altogether. I think you have to do your homework and finances Meridian Planning & Zoning Commission April 9, 1996 Page 45 before you step into this. Oslund: Well that addition doesn't need to be done, it could be, just come back go to the building department and say we have a single family residence or a duplex and we want to add on a family room and I don't believe that you will ever have to come see us. As long as you meet their requirements. Crookston: On your question about if you do go with a conditional use permit or an accessory use permit either one and then you operate your business and in two years or 20 years later you want to go back to the home that is not a problem. Johnson: Anyway, the way this process works is if we go to the findings of fact and conclusions of law then those aren't addressed until our May meeting on the 14th, following that it goes to the City Council so it is not a real quick process. That is as quick as it can be under the (inaudible) with what we have to do with noticing the people etc. Anyone else have anything else? Anyone from the public have a final comment? If not I will close the public hearing then. It does require findings of fact and conclusions of law. Oslund: Mr. Chairman, I move that the City Attorney prepare findings of fact and conclusions of law for this application and incorporate the testimony given and the concerns of the commissioners. MacCoy: Second Johnson: Moved and seconded you have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: That is it for tonight, if you do have any question feel free to contact the City either the public works department but that is probably not your best bet, go first to the City Clerk if you have any questions he can direct you to the people to give you answers in the interim here. ITEM #13: PUBLIC HEARING: REQUEST FOR A VACATION OF A PORTION OF GEM STREET RIGHT-OF-WAY BY WILD SHAMROCK PARTNERSHIP: Johnson: At this time I will open the public hearing and ask the representative or the applicant to come forward and address the Commission. I need to remind you that any materials presented to the Commission become property of the City. HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor MEMORANDUM: To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer C-~-~~ Re; PHOTOGRAPHIC PORTRAIT STUDIO (Request for Conditional Use Permit - by Berton & Dearman Spencer) COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY April 5, 1996 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. 2. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3 3. All Signs shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance. 4. Sanitary Sewer and Water to this facility would be via. existing service lines. Assessments for sewer and water service will be reviewed to see if additional load would justify an adjustment. Please provide any information that you may have with regards to your anticipated water demand. C: \OFFICE\ W P W Rd\GENERAL\SPENCER. P~2 HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor MEMORANDUM: To: Planning & Zoning Commission, Mayor and Council From: Bruce Frec,. n, Assistant to City Engineer~~ Shari Sti~Z Administrator ~,OUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY p & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY April 5, 1996 Re: Request for Conditional Use Permit for Photographic Portrait Studio at 213 East Third Street by Berton & Deanna Spencer We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1. Any existing imgation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate imgation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Provide 5-foot-wide sidewalks on East Third Street outside existing right-of-way. 3. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. Applicant is to prepare and submit a detailed drainage and landscaping plan prior to obtaining building permits. 4. Paving and striping shall he in accordance with the standards set forth in Sections 11-2- 414.D.4 and 11-2-414-D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. The Meridian Fire Department requires a minimum width of 25' for driveways. S. Submit a drainage plan designed by a State of Idaho licensed architect or engineer for all off-street parking areas for approval by the City Engineer (Ord. 557, 10-1-91). 6. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. C: \OFFICEI W P W Q~1\ W PI~CS\SPE NCER. CUP PBiZ Commission, Mayor and Council Apri15, 1996 Page 2 7. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. 8. Sanitary sewer and water service to this facility would be via existing service lines. Assessments for sewer and water service will be reviewed to see if additional load would justify an adjustment. Please provide any information that you may have with regards to your anticipated water demand. SITE SPECIFIC COMMENTS 1. The parcel of land is less than 2,090 square feet. Using today's standards, construction of this duplex would not be permitted. One unit of the duplex is on an adjacent lot, also less than 2,090 square feet. Given that all surrounding uses are single-family homes (except for the attached duplex unit), in addition to the extremely small size of the lot, this location is probably not a good choice for commercial activity at this time. 2. Adequate off-street parking for both a commercial activity and use of the duplex as a residence is not available at this site. 3. Buffering of adjacent residential properties would be required prior to approval of any conditional use permit. 4. A Certificate of Occupancy --- signed by the Building Inspector for compliance with current commercial building codes, the Fire Marshal for compliance with current fire codes, and the Zoning Administrator for compliance with zoning and development ordinances --- must be obtained prior to any change of use of this property. c: ~o~cE~wrw~rnwrnocs~sr~vicex. cur BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION BERTON ~ DEAI~A SPENCER ~~ .~ ~~`'V r . .. +~ v ~~, `` J CONDITIONAL USE PERMIT FOR PHOTOGRAPHIC PORTRAIT STUDIO ~~ "~..'\ 213 EAST THIRD STREET MERIDIAN.. IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing April 9, 1996, at the hour of 7:30 o'clock p.m., the Petitioners 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 public hearing scheduled for April 9, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 9, 1996, 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's are the owners of the property; the property is described in the application which description is incorporated herein. 3. That the property is zoned Old Town, which requires a conditional use permit for the operation of a photographic portrait studio, which the application requests. 4. That the Old Town District is described in the Zoning Ordinance, 11-2-408 B. 12. as follows: (OT1 Old Town District: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of .the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, and quasi- public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high. to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City Center. The District shall be served by Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 5. Conditional Use Permit is defined in the Zoning Ordinance as follows: "Permit allowing an exception to the uses authorized by this Ordinance in a zoning district." 6. That the use proposed by Applicant is a specifically allowed conditional use in the Zoning Schedule of Use Control, 11- 2-409. 7. That the Applicant stated in the application that the intent is to utilize a portion of the residence to photograph and that the proposed business name is Drost Portraits; that the Applicants wish also to enclose the carport for the exclusive use of the photographic business. 8. That the property is located in a residential area at 213 FINDINGS OF FACT AND CONCLUSIONS OF LAW - SPENCER PAGE 2 East Third Street. 9. The Applicant's are the owners of the property. 10. That sewer and water is connected to the property, and the Applicants agree to pay any additional fees for water, sewer and trash associated with this use. 11. That the Meridian Planning and Zoning Administrator, Shari Stiles, and the Assistant to the City Engineer, Bruce Freckleton, submitted comments, and they are incorporated herein as if set forth in full; that any irrigation and drainage ditches crossing the property must be tiled, off-street parking, paving and stripping, a drainage plan, outside lighting and signage shall all be provided in accordance with City Ordinances; that 5-foot wide sidewalks on East Third Street be provided, outside the existing right-of-way and that sewer and water to this facility would be by means of existing service lines; that assessments for service will be reviewed to see if additional load would justify an adjustment. 12. That Shari Stiles and Bruce Freckleton submitted site specific comments which are as follows: 1. The parcel of land is less than 2,090 square feet. Using today's standards, construction of this duplex would not be permitted. One unit of the duplex is on an adjacent lot, also less than 2,090 square feet. Given that all surrounding uses are single-family homes (except for the attached duplex unit), in addition to the extremely small size of the lot, this location is probably not a good choice for commercial activity at this time. 2. Adequate off-street parking for both a commercial activity and use of the duplex as a residence is not available at this site. 3. Buffering of adjacent residential properties would FINDINGS OF FACT AND CONCLUSIONS OF LAW - SPENCER PAGE 3 be required prior to approval of any conditional use permit. 4. A Certificate of Occupancy signed by the Building Inspector for compliance with current commercial building codes, the Fire Marshal for compliance with current fire codes, and the Zoning Administrator for compliance with zoning and development ordinances, must be obtained prior to any change of use of this property. 13. That the Nampa. Meridian Irrigation District, Central District Health Department, Meridian Police Department and Fire Department submitted comments and they are hereby incorporated herein as if set forth in full. 14. That the Sewer Department submitted comments and they are incorporated herein as if set forth in full; that if the photographs are processed on site, this establishment will require a silver saver and an ion exchange unit for pretreatment purposes. If the photos are processed by others, this will not apply. 15. That Commissioner MacCoy submitted statements regarding this application, and they are hereby incorporated herein as if set forth in full and his comments include the following: 1. City records regarding this address should be checked; that this is a duplex, a two-story building, not a single family residence. 2. That there is no available space for parking, thus cannot meet Meridian Parking Ordinances. 3. That curb, gutter and sidewalk may be a requirement in 0- T (Old Town) Zoning; that none exist here at this .location. 4. That Applicant must meet all codes; that some concern exists with the electrical wiring, and use of chemicals for this type of business. 5. Lot size with existing building (House, car-port being turned into this type of business) with relationship to FINDINGS OF FACT AND CONCLUSIONS OF LAW - SPENCER PAGE 4 property line and adjacent building, also adjoining building. Health and safety codes to be strictly enforced. Commissioner MacCoy stated that he has seen businesses of this type on several occasions burn totally to the ground. 16. Berton Spencer testified that this is a limited operation, by appointment only; that most of the work is done on off site; that all of the processing is done out of state at a professional lab and that there would be no photographic processing done on the site; that the nitrates which use to be used in films is no longer a concern and that the lighting used is all electronic, no flood lighting; that plans for advertising would be through the yellow pages, by word of mouth. 17. That Commissioner MacCoy commented that he had been by this location and discovered that this residence is a duplex and not a single family dwelling. He voiced his concern that over the years he has seen this type of installation cause a problem, such as wiring. He also commented that if the Applicant still plans to frame in the carport making a room out of it, that this puts the neighbors fencing pretty close and creates a parking problem, forcing the Applicant to park on the front part of the property and that the health and safety of the neighborhood, and particularly the next door neighbor, are of concern. 18. Mr. Spencer stated that the when the property was originally purchased there was a question and that the insurance agent said they insure it as a single family property because there is a split; that there is some sort of fire wall between the two FINDINGS OF FACT AND CONCLIISIONS OF LAW - SPENCER PAGE 5 enabling the insurance company to insure them as separate properties. That the Applicant stated that he would like to enclose the carport adding some extra space; that if the carport was not enclosed, that would be acceptable also, and that he would use his living room and the equipment, being rather portable, could be moved when clients were. present; that he wouldn't operate in the winter without enclosing the carport and that may be not be feasible given the cost. 19. Commissioner Hepper commented that the enclosing of the carport may not be feasible; that the Applicant may be required to have a footing and foundation as there would be for a house or new construction and the only salvaging would be the roof, which would basically have to be rebuilt as a part of the house and that the cost in tearing out and rebuilding is probably more than the cost of the carport right now. 20. Commissioner Oslund commented that maybe an Accessory Use Permit may be what the Applicants need to apply for rather than this Conditional Use Permit; that there should be no open advertising such as signage, no processing of film done on the premises, and that one or two clients at a time at the location with no apparent objections from the surrounding neighbors. 21. Planning and Zoning Director, Shari Stiles, commented that the Applicant's did initially apply for an Accessory Use Permit, but because of the commercial aspect of it and the fact that it is in Old Town, Ms. Stiles felt this application required a Conditional Use Permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW - SPENCER PAGE 6 22. Sharon Barrows, offered testimony that she is the neighbor living in the other side of the duplex, and that she is in the process of buying the other portion of the duplex and that this photography studio is something positive; that this application sounds like a quiet family, small business, and that it doesn't sound like cars will be coming and going. 23. Deanna Spencer testified that she and her husband have done some research to find out what needs to be done to bring the area into code as far as electrical and heating; City Attorney, Wayne G. Crookston, Jr., stated that the fire code, the health and safety code, and mechanical code, are a few of the codes which will need to be met. Shari Stiles added that the Uniform Building Code would include the American with Disabilities Act. Ms. Spencer testified that these codes are something which are required to be met and something that she and Mr. Spencer definitely need to do. 24. Mr. Spencer summarized his testimony, saying that he and his wife wanted to do a small business operation in hopes that someday they would be able to increase and in the future be able to go out and rent the appropriate square footage for a studio, sales area, maybe even a production area, and then perhaps revert this area back to residential as a spare family room or something that could be used as additional space. 25. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - SPENCER PAGE 7 coNCZVSioxs 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 within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian and pursuant to those sections 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. 3. That 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review ` applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. .The use should be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. FINDINGS OF FACT AND CONCLUSIONS OF LAW - SPENCER PAGE 8 d. That the use should not be hazardous nor should it be disturbing to existing or future neighboring uses, if the conditions herein stated are met. e. The property has sewer and water service available. f. The use should 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 1:he community. g. 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. h. That sufficient parking for the property and the proposed use is requ:lred. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. That the commenits of the Assistant to the City Engineer and the Planning and Zoning Administr,~tor must be met and complied with. 6. The requirements of the Sewer Department must be met. 7. That all ordinances of the City of Meridian must be met, including but not limited. to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Uniform Electrical Code, the Fire and Life Safety Code, all parking and landscaping requirements. 8. That the structure on the property must be brought up to, and meet, all codes prio=• to issuance of an occupancy permit and inspections shall be made to see that the codes are met. 9. That there shall be no photographic processing on site; that there shall be no sign advertising the business on the FINDINGS OF FACT AND CONCLUSIONS OF LAW - SPENCER PAGE 9 premisses; that all vehicle parking Ordinances shall be met. 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 OSLUND VOTED" COMMISSIONER SHEARER VOTED COMMISSIONER MacCOY VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECONII~IENDATION U~~' - ,,~9~ y The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional 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. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - SPENCER PAGE 10 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Plaice to Live CITY OF MERIDIAN 33 EAST IDAIiO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Dint (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor GOUNGIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: April 2. 1996 TRANSMITTAL DATE: 3/18/96 HEARING DATE:.. 4/ 2/96 REQUEST: Conditional Use Permit for photographic portrait studio BY: Berton 8< Deanna Saencer LOCATION OF PROPERTY OR PROJECT:. _.213 East Third Stre t JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT .,,,POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY. PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFiCE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT _,~4DA PLANNING ASSOCWTION CENTRAL, DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATIO~R LIM & FINAL PLAT) CITY FILES ~ ~~ OTHER: - ~~ YOUR CONCISE REMAR S: MAR 1 9 199 CITY D~ MER1DiAI~ WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., Ciry Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P 8 Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF l~IERID-IAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887.4813 Public WorksBuilding Department (208) 887-III1 Motor Vehicle/Drivers License (208) 888-4413 ROBERT D. CORRIE Mayor GOUNC!L MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your cor~nents and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: April 2. 1996 TRANSMITTAL DATE: 3/18/96 HEARING DATE: 4/ 2/96 REQUEST: Conditional Use Permit for photographic portrait studio BY: Berton 8~ Deanna Spencer LOCATION OF PROPERTY OR PROJECT: 213 East Third Street JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAcY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR NAMPA MERIDIAN IRI~GATION DISTRICT RONALD TOLSMA, C1C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELlM 8 FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT CITY FILES SS ~ ' ~ ~ BUILDING DEPARTMENT ~7 ' o~ OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY ! (.., c~.0'~ ~ .5 i,~ ' t~ e'•% rt.~c9 'xt~ i~.¢ CITY ENGINEER CITY PLANNER /~ .rL ~, 7Fr-~~,.j~~ ,~ ~c~no JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary City of Meridian 33 East Idaho Meridian ID 83642 Re: MCU-16-96 213E 3rd Street .~~~~~-~~~,D Apri19, 1996 The District has no comments regarding the above referenced item. If ou have any questions please feel free to call me at 345-7662. Y Sincerely, ~l ark L. Butler Development Analyst cc: Project file Chron file ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 \~ ~~~ CENTRAL ~~ DISTRICT HEALTH ~„~~ DEPARTMENT Rezone # l41~, Conditional Use # f ~ ~%x~~l« ,~/~ ~ c- ~~?~ i-~ i 7- S~i~~~/J Preliminary /Final /Short Plat ^ Boise ^ Eagle ^ Garden city .Meridian ^ Kuna ^ Acz ~- I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. ^ I I. ^ 12. ^ 13. Street Runoff is not to create a mosquito breeding problem. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store f' - ~ ~~ J ^ 15. Date: / Reviewed By: - ~ Review Sheet CDHD IO191 rc6, rev. 1195 CENT rIAL DISTRICT HEALTH DEPARTMENT Environmental Health Division ~ _ ~'= j ~""` ~' + `~'-` Return to: HUB OF TREASURE VALLEY WILLI,\M G. BF_RG, JR., City Clerk .IANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. S~iARI L. STILES, P & Z Administrator PATH A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN C GLENN R. BENTLERI'EE 33 EAST IDAHO MERIDIAN, IDAHU 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887813 ~ ~ (v~ ,~ n f, JIM-JOHNSON, Chairman Public WorksBuilding Depa~unent (208) 887-221~~ l~J i~ ~ ``,/ I~ I ~~) TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. COt2RIE ~A~ 7 0 1996 MALCOLM MACCOY Mayor NAMPA & (v1~71~iAlV IRRIGATION DiSTRIC' TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning &~ Zoning Commission, please submit your comments. and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: April 2. 1996 TRANSMITTAL DATE: 3/18/96 HEARING DATE: 4/ 2196 REQUEST: Conditional Use Permit for~hotographic portrait studio BY: Berton Sz Deanna Spencer LOCATION OF PROPERTY OR PROJECT: 213 East Third Street JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PREL~IA & FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATIONI(PRELIM 8~ FINAL PLAT} CITY FILES OTHER: YOUR CONCISE REMARKS: Nampa & Meridian Irrigation istrict as no comment on the Conditional Use Permit for photographic portrait studio applied for by Berton & Deanna Spencer. _. -_ . , ;~I -.. -. WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, Clty Treasurer GARY 0. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P 8 Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Rre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney NUB OF TREASURE VALLEY A Good Place to Live CITY OF 1V~ERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • SAX (208)- 887-4813 Public WorksBuilding Deportment (208) 887-2211 Motor Vehicle/Drivers I.iaense (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTAEE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OIF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: Aprii 2. 1996 TRANSMITTAL DATE: 3/18/96 HEARING DATE: 4/ 2/96 REQUEST: Conditional Use Permit for photographic portrait studio BY: Berton 8< Deanna Spencer LOCATION OF PROPERTY OR PROJECT: 213 East Third. Street JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFiCE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIIkA & FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: •I~~ ,, Cd ~`. :: ,1F:.tt~~, ,;:_: 3~~f~96' ~.~ city clerk Treasurer .E., Clty Engineer ,ART, Water Works Supt. . ~AWCROFT, Waste Water Supt. o J. SUMMERS, Parks Supt. .nRl L. STILES, P & Z Administrator r~ATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chfef WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAI~IO MERIDIAN, II?AHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-?211 Motor Vehicle/Drivecs License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8t Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: April 2. 1996 TRANSMITTAL DATE: 3/18/96 HEARING DATE: '~4/ ,_' ~---.- REQUEST: ~/9~ BY: Berton ~ Deanna Spencer LOCATION OF PROPERTY OR PROJECT: 213 East Third Street JIM JOHNSON, P/Z 9C MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER ~O ,E{'' ~ ~G/Sip , 3'i ~ ' LU~'7ff MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFlCE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ~F :` 1=. i! v . ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH ~~-~ ~ ~ I~~; NAMPAMERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT Cl~'Y OF',VIEr?iDltal IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ~.._ !~f/fi2//y/,' iQ.~/17 LtsE nF ~.~ric~r - po/L7-' .gu~,i' T~u /~~-~ TG' t3~ sf!'~-c:Tr~y .~.fl~c~ce!f~ .• ... ~i ~Vi~r.,d S•~s~r r~i~rs• ~~ v~ y3csnc,~_.s'r O~ .~vE/z<'~-c. ~c~~~.sP irvs ~~~~ ~s~~, ~ Tease" ~.ea~~ ~,~' ~~ ~~~ sforr ~ C ~a SL~ _ s~ ~ ~~ ~3 a ----- ~ _. i~'8,' _--- -- s MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: MAY 14.1996 APPLICANT: BERTON 8~ DEANNA SPENCER AGENDA ITEM NUMBER: 4 REQUEST; FINDINGS OF F ACT AND CO NCLUSIO NS OF LAW FOR CONDITIONAL USE PERMIT REQUEST FOR PHOTOGR APIC PORTR AIT STUD IO AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS gll Materials presented at public meetings shall become property of the City of Meridian. f ~> BERTON & DEANNA SPENCER ti~ ^~~ ~;) BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION CONDITIONAL USE PERMIT FOR PHOTOGRAPHIC PORTRAIT STUDIO ~\ 213 EAST THIRD STREET MERIDIAN.. IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing April 9, 1996, at the hour of 7:30 o'clock p.m., the Petitioners 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 public hearing scheduled for April 9, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 9, 1996, 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's are the owners of the property; the property is described in the application which description is incorporated herein. 3. That the property is zoned Old Town, which requires a conditional use permit for the operation of a photographic portrait studio, which the application requests. 4. That the Old Town District is described in the Zoning Ordinance, 11-2-408 B. 12. as follows: (OT1 Old Town District: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, and quasi- public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City Center. The District shall be served by Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 5. Conditional Use Permit is defined in the Zoning Ordinance as follows: "Permit allowing an exception to the uses authorized by this Ordinance in a zoning district." 6. That the use proposed by Applicant is a specifically allowed conditional use in the Zoning Schedule of Use Control, 11- 2-409. 7. That the Applicant stated in the application that the intent is to utilize a portion of the residence to photograph and that the proposed business name is Drost Portraits; that the Applicants wish also to enclose the carport for the exclusive use of the photographic business. 8. That the property is located in a residential area at 213 FINDINGS OF FACT AND CONCLUSIONS OF LAW - SPENCER PAGE 2 i East Third Street. 9. The Applicant's are the owners of the property. 10. That sewer and water is connected to the property, and the Applicants agree to pay any additional fees for water, sewer and trash associated with this use. 11. That the Meridian Planning and Zoning Administrator, Shari Stiles, and the Assistant to the City Engineer, Bruce Freckleton, submitted comments, and they are incorporated herein as if set forth in full; that any irrigation and drainage ditches crossing the property must be tiled, off-street parking, paving and stripping, a drainage plan, outside lighting and signage shall all be provided in accordance with City Ordinances; that 5-foot wide sidewalks on East Third Street be provided, outside the existing right-of-way and that sewer and water to this facility would be by means of existing service lines; that assessments for service will be reviewed to see if additional load would justify an adjustment. 12. That Shari Stiles and Bruce Freckleton submitted site specific comments which are as follows: 1. The parcel of land is less than 2,090 square feet. Using today's standards, construction of this duplex would not be permitted. One unit of the duplex is on an adjacent lot, also less than 2,090 square feet. Given that all surrounding uses are single-family homes (except for the attached duplex unit), in addition to the extremely small size of the lot, this location is probably not a good choice for commercial activity at this time. 2. Adequate off-street parking for both a commercial activity and use of the duplex as a residence is not available at this site. 3. Buffering of adjacent residential properties would FINDINGS OF FACT AND CONCLUSIONS OF LAW - SPENCER PAGE 3 be required prior to approval of any conditional use permit. 4. A Certificate of Occupancy signed by the Building Inspector for compliance with current commercial building codes, the Fire Marshal for compliance with current fire codes, and the Zoning Administrator for compliance with- zoning and development ordinances, must be obtained prior to any change of use of this property. 13. That the Nampa. Meridian Irrigation District, Central District Health Department, Meridian Police Department and Fire Department submitted comments and they are hereby incorporated herein as if set forth in full. 14. That the Sewer Department submitted comments and they are incorporated herein as if set forth in full; that if the photographs are processed on site, this establishment will require a silver saver and an ion exchange unit for pretreatment purposes. If the photos are processed by others, this will not apply. 15. That Commissioner MacCoy submitted statements regarding this application, and they are hereby incorporated herein as if set forth in full and his comments include the following: 1. City records regarding this address should be checked; that this is a duplex, a two-story building, not a single family residence. 2. That there is no available space for parking, thus cannot meet Meridian Parking Ordinances. 3. That curb, gutter and sidewalk may be a requirement in 0- T (Old Town) Zoning; that none exist here at this .location. 4. That Applicant must meet all codes; that some concern exists with the electrical wiring, and use of chemicals for this type of business. 5. Lot size with existing building (House, car-port being turned into this type of business) with relationship to FINDINGS OF FACT AND CONCLUSIONS OF LAW - SPENCER PAGE 4 property line and adjacent building, also adjoining building. Health and safety codes to be strictly enforced. Commissioner MacCoy stated that he has seen businesses of this type on several occasions burn totally to the ground. 16. Berton Spencer testified that this is a limited operation, by appointment. only; that most of the work is done on off site; that all of the processing is done out of state at a professional lab and that there would be no photographic processing done on the site; that the nitrates which use to be used in films is no longer a concern and that the lighting used is all electronic, no flood lighting; that plans for advertising would be through the yellow pages, by word of mouth. 17. That Commissioner MacCoy commented that he had been by this location and discovered that this residence is a duplex and not a single family dwelling. He voiced his concern that over the years he has seen this type of installation cause a problem, such as wiring. He also commented that if the Applicant still plans to frame in the carport making a room out of it, that this puts the neighbors fencing pretty close and creates a parking problem, forcing the Applicant to park on the front part of the property and that the health and safety of the neighborhood, and particularly the next door neighbor, are of concern. 18. Mr. Spencer stated that the when the property was originally purchased there was a question and that the insurance agent said they insure it as a single family property because there is a split; that there. is some sort of fire wall between the two FINDINGS OF FACT AND CONCLUSIONS OF LAW - SPENCER PAGE 5 enabling the insurance company to insure them as separate properties. That the Applicant stated that he would like to enclose the carport adding some extra space; that if the carport was not enclosed, that would be acceptable also, and that he would use his living room and the equipment, being rather portable, could be moved when clients were present; that he wouldn't operate in the winter without enclosing the carport and that may be not be feasible given the cost. 19. Commissioner Hepper commented that the enclosing of the carport may not be feasible; that the Applicant may be required to have a footing and foundation as there would be for a house or new construction and the only salvaging would be the roof, which would basically have to be rebuilt as a part of the house and that the cost in tearing out and rebuilding is probably more than the cost of the carport right now. 20. Commissioner Oslund commented that maybe an Accessory Use Permit may be what the Applicants need to apply for rather than this Conditional Use Permit; that there should be no open advertising such as signage, no processing of film done on the premises, and that one or two clients at a time at the location with no apparent objections from the surrounding neighbors. 21. Planning and Zoning Director, Shari Stiles, commented that the Applicants did initially apply for an Accessory Use Permit, but because of the commercial aspect of it and the fact that it is in Old Town, Ms. Stiles felt this application required a Conditional Use Permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW - SPENCER PAGE 6 22. Sharon Barrows, offered testimony that she is the neighbor living in the other side of the duplex, and that she is in the process of buying the other portion of the duplex and that this photography studio is something positive; that this application sounds like a quiet family, small business, and that it doesn't sound like cars will be coming and going. 23. Deanna Spencer testified that she and her husband have done some research to find out what needs to be done to bring the area into code as far as electrical and heating; City Attorney, Wayne G. Crookston, Jr., stated that the fire code, the health and safety code,. and mechanical code, are a few of the codes which will need to be met. Shari Stiles added that the Uniform Building Code would include the American with Disabilities Act. Ms. Spencer testified that these codes are something which are required to be met and something that she and Mr. Spencer definitely need to do. 24. Mr. Spencer summarized his testimony, saying that he and his wife wanted to do a small business operation in hopes that someday they would be able to increase and in the future be able to go out and rent the appropriate square footage for a studio, sales area, maybe even a production area, and then perhaps revert this area back to residential as a spare family room or something that could be used as additional space. 25. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - SPENCER PAGE 7 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 within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian and pursuant to those sections 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. 3. That 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. .The use should be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. FINDINGS OF FACT AND CONCLUSIONS OF LAW - SPENCER PAGE 8 d. That the use should not be hazardous nor should it be disturbing to existing or future neighboring uses, if the conditions herein stated are met. e. The property has sewer and water service available. f. The use should 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. g. 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. h. That sufficient parking for the property and the proposed use is required. i. The development and -uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. That the comments of the Assistant to the City Engineer and the Planning and Zoning Administrator must be met and complied with. 6. The requirements of the Sewer Department must be met. 7. That all ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Uniform Electrical Code, the Fire and Life Safety Code, all parking and landscaping requirements. 8. That the structure on the property must be brought up to, and meet, all codes prior to issuance of an occupancy permit and inspections shall be made to see that the codes are met. 9. That there shall be no photographic processing on site; that there shall be no sign advertising the business on the FINDINGS OF FACT AND CONCLUSIONS OF LAW - SPENCER PAGE 9 premis es; that all vehicle parking Ordinances shall be met. APPROVAL OF FINDINaB 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 COMMISSIONER OSLUND VOTED COMMISSIONER SHEARER VOTED COMMISSIONER MacCOY VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOIOwIENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional 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. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - SPENCER PAGE 10 MERIDIAN PLANNING & ZONING COMMISSION MEETING: APRIL 9.1996 APPLICANT: BERTON ~ DEANNA SPENCER AGENDA ITEM NUMBER: 12 REQUEST: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A PHOTOGRAPHIC PORTRAIT STUDIO AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Alj Materials presented at public meetings shall become property of the City of Meridian. WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding DepsUnent (208) 887-2211 Motor Vehicle/Drivers ]taoense (208) 888-4443 ROBERT D. CORRIE Mayor MEMORANDUM: To: Planning & Zoning Commission, Mayor and Council From: Bruce Frec. ,Assistant to City Engineer~~ Shari Sti~Z Administrator COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY April 5, 1996 Re: Request for Conditional Use Permit for Photographic Portrait Studio at 213 East Third Street by Berton & Deanna Spencer We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9fi05.M. Plans will need to he approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Provide 5-foot-wide sidewalks on East Third Street outside existing right-of-way. 3. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. Applicant is to prepare and submit a detailed drainage and landscaping plan prior to obtaining building permits. 4. Paving and striping shall be in accordance with the standards set forth in Sections 11-2- 414.D.4 and 11-2-414-D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. The Meridian Fire Department requires a minimum width of 25' for driveways. 5. Submit a drainage plan designed by a State of Idaho licensed architect or engineer for all off-street parking areas for approval by t~ City Engineer (Ord. 557, 10-1-91) . 6. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. C: \OFFICEI W P W RV\ W PDOCS\SPENCER. CUP PBiZ Commission, Mayor and Council April 5, 1996 Page 2 7. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. 8. Sanitary sewer and water service to this facility would be via existing service lines. Assessments for sewer and water service will be reviewed to see if additional load would justify an adjustment. Please provide any information that you may have with regards to your anticipated water demand. SITE SPECIFIC COMMENTS 1. The parcel of land is less than 2,090 square feet. Using today's standards, construction of this duplex would not be permitted. One unit of the duplex is on an adjacent lot, also less than 2,090 square feet. Given that all surrounding uses are single-family homes (except for the attached duplex unit), in addition to the extremely small size of the lot, this location is probably not a good choice for commercial activity at this time. 2. Adequate off-street parking for both a commercial activity and use of the duplex as a residence is not available at this site. 3. Buffering of adjacent residential properties would be required prior to approval of any conditional use permit. 4. A Certificate of Occupancy --- signed by the Building Inspector for compliance with current commercial building codes, the Fire Marshal for compliance with current fire codes, and the Zoning Administrator for compliance with zoning and development ordinances --- must be obtained prior to any change of use of this property. c:~ot~cr:~wrwnv~wrnocs~sr~vcEx.cue WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor MEMORANDUM: To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer C~~~ Re; PHOTOGRAPHIC PORTRAIT STUDIO (Request for Conditional Use Permit - by Berton & Deannan Spencer) GOUNGIL ME6!BERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY Apri15, 1996 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. 2. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414. D.3 3. All Signs shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance. 4. Sanitary Sewer and Water to this facility would be via. existing service lines. Assessments for sewer and water service will be reviewed to see if additional load would justify an adjustment. Please provide any information that you may have with regards to your anticipated water demand. C:\OFFICE\ W PW tN\GENERAL\SPENCER. P&Z WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FA.X (208) 887-4813 Public WorksBuilding Department (208) 887-221 I Motor Vehicle/Driveta License (208) 888-4443 ROBERT D. ODRRIE ~~ O N I M MBER WALT W. MORROW, Presiders; RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COINIMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning St Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: Aaril 2. 1996 TRANSMITTAL DATE: 3/18/96 HEARING DATE: 4/ 2/96 REQUEST: Conditional Use Permit for photographic portrait studio BY: Berton ~ Deanna Spencer LOCATION OF PROPERTY OR PROJECT: 213 East Third Street JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM ~ FINAL PLAT) U.S.INEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUTR~EAU OF RECLAMATIO~R LIM•-8r~/FINAL%PLAT) ~ YOUR CONCISE MAR 1 9 1996 CITY t~F MERiDUI~ WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL. DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887.4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivets License (208) 888-4443 ROBERT D. CORRIE Mayor GOUN 1 ME6"g Rc WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMIc~ ION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning S< Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: Aril 2. 1996 TRANSMITTAL DATE: 3/18/96 HEARING DATE: 4/ 2/96 REQUEST: Conditional Use Permit for photographic portrait studio BY: Berton & Deanna Spencer LOCATION OF PROPERTY OR PROJECT: 213 East Third Street JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) WALT MORROW, CIC U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT BUILDING DEPARTMENT CITY FILES ff y ' C ~ - OTHER: o~ ~7 FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY / L L,y i~ ~' S t.y ~ (, r'~ .IZ.r1 •~-~ ,~.Q CITY ENGINEER CITY PLANNER /v~ ,rL ~-, SFr. ~-.e`~o=~ t, -, f•. / ~_~ CENTRAL •• DISTRICT 'HEALTH DEPARTMENT Rezone # CENT IrtAL DISTRICT HEALTH DEPARTMENT Environmental Health Division ~~ ~ =' ~~' ` ,-~iRetiurn to. -~. Conditional Use # _ f ~ ~i'~~r« !~/~ i c~ ~,i-~ i T' ~~~~/~ PreliminDary /Final /Short Plat ^ Boise ^ Eagle ^ Garden city ~Mleridian ^ Kuna ^ Acz ~- I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Street Runoff is not to create a mosquito breeding problem. ^ I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protettion ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery stare . ~ ~~ ^ 15. Date: ~ / Reviewed By: CDHD 10!91 ~~. «~. ~~9s Review Sheet ~~1~ , OFFICIALS WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & 2 Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chlef W.L. "BILL" GORDON, Police Chlef WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF NIEERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 'Phone (208) 888-4433 • IF,A3C (208)' 887-4813 Public Worlcs/Building Department (208) 887-2211 Motor Vehicle/Drivert i.iaense (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P 8 Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OAF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hail, Attn: Will Berg, City Clerk by: April 2. 1996 TRANSMITTAL DATE: 3/18/96 HEARING DATE: 4/ 2/96 REQUEST:. Conditional Use Permit for photographic portrait studio BY: Berton Sz Deanna Spencer LOCATION OF PROPERTY OR PROJECT: 213 East Third Street JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P2 MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PREUM & FINAL PLAT) GLENN BENTLEY, C/C fNTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT SEWER DEPARTMENT BUREAU OF RECLAMATION(PRELIM $ FINAL PLAT) CITY FlLES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT lrr' ~O ~ r-~ ~cc~ ~S~ CITY ATTORNEY ~;_; ~, fe s ~„ ~ ~~~~,/.`<~,~`~, ~. L, ~~ CITY ENGINEER u. . , /~~~ . ' ~ ~~ CITY PLANNER ~ e x c kR N . ~ u s, ' „- /.I U rQOS C'~ ~ ~~ ~ ~lryfr 5 u.-e. .nr~f~ P' S.+ ~ I h ~ n -~' ..~ -stir ~ u~ , f I ~/Ic+f' cto~/S/ . -zr .9 ry-, ~ ~ ' n i~ sr'i 1111 . , '~=f'~ ~~ 'n~;~l~l~t~~ 3~i j ~/ 6' ~ y 'c~eL~ city clerk Treasurer .E., City Engineer BART, Water Works Supt. . ~AWCROFT, Waste Water Supt. ~ J. SUMMERS, Parks Supt. ,SRI L. STILES, P & Z Administrator r'ATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE WALLEY A Good Place w Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX ROS) 887-4813 Public WorksBuilding Depattraeac (208) 887-7211 Motor Vehicle/Drivers License (208) 888443 ROBERT D. CORRIE Mayor COUN I M MBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & OMMI clOtu JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by:~4aril 2. 1996 TRANSMITTAL DATE: 3/18/96 HEARING DATE: '4 ___ ~~~, REQUEST: Conditional Use Permit fnr nhntnnr~nhi~ nnrFr~:+ ~+..,~:,. _ `~ ~ ~~ BY: Berton ~ Deanna Saencer LOCATION OF PROPERTY OR PROJECT: 213 East Third Strppt JIM JOHNSON, P/Z ~ MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER ~O ~L' ., /NC~S MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT RF ~ 1 ~ . ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH ~r~~ ~ ~ ~S~I-; NAMPA MER~IAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT C6Ty OP IVlE~IDIAr IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FEES OTHER: Yl^O~UR CONCISE REMARKS: i,J ~'~-B-k: ~i~! /~'~e~2~7s~ T.V,ir ~DD.2~.sJ~ !S~ ~en~r c7F /'~ .s'i ~~ ~ LtJi TJY ~[ii~~' ~[• ~.s'~ G-'y,C' '_ ps+27r i3G'IN~" T'ri2eS[+tis-C /i}~,~7~ T!~ ~`[it,rzoirt~fP 7't7 ~°~'oP.ElzY3~ L.~.rt.E. ~d~x!! ~4-a/A~1~~ ~-~'.lC~IN//ttC l.3Clic.~~~s[' • /~fz•-,~i[.Y/+~ ~.~~.~-y~JK.1 C~~i~'+~-,-. ---sue 7Z` ! ,E .SJT-~-~=~! ,di;!/~e2~!,F~ . ,. ~ ~: feifii~i 3'~.Es{t Ylfts' ~~ -~. c)~ j3cr.• ,~YE~.~t.[_ GSG'C/J.sict.Sr.S' ~~ie ~y~y~~- r,~ ~sFift ~.e~r~~ C WILLI,\M G. BF_RG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. S~~ARI L. STILES, P & Z Administrator PATH A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" CORDON, Pollce Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President RONALD R TOLSMA CITY OF MERIDIAN CHGLENN R. BENTLEYEE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 OHNSON, Chairman Public WorksBuildiag Depatttnent (208) 887-221 ° S ~ ~ ~ C ~~ U TIM HEPPER Motor Vehicle/Drive;s License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MAR ~ 0 1996 MALCOLM MACCOY ~~ NAMPA & fi/lctii;~,A{V IRRIGATION DISTRICT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: April 2. 1996 TRANSMITTAL DATE: 3/18/96 HEARING DATE: 4/ 2/96 REQUEST:_Conditional Use Permit for photographic portrait studio BY: Berton ~ Deanna Saencer LOCATION OF PROPERTY OR PROJECT: JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL. DISTRICT MERIDUW POST OFFICE(PRELIM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER ~O.(PRELIM & FINAL PLAT) U.S. WEST(PREUM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FiILES OTHER. YOUR CONCISE REMARKS: Nampa & Meridian Irrigation istrict as no comment on the Conditional Use Permit for photographic portrait'- studio plied for by Berton & Deanna Spencer . t `/ v ~,..~: ;~ z; ~~s~ s~'r-:: L FFaa FF~~f1 -" ~7~~riI~,Jl~1~