Planning Memo - 2-23-12E IDIAN~--
IDAHO
February 23, 2012
M);MORANDUM
TO: Mayor ancLCity Council
FROM: Pete Friedman, Interim Planning Director
CC: City Clerk
RE: Lee White Request for City Council Review
MayorTammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
On January 6, 2010, Mr. White applied for an Accessary Use Permit(AUP) to operate a
home occupation to repair, restore and sell household and yard items out of his accessory
garage at 1750 N. Ten Mile Road(tlre City Council waived the fee for that application).
On January 28, 2010, the Planning Director denied the AUP request because fhe home
occupation did not meet the following UDC standards:
1. In no way shall the home occupation cause the premises to differ from its
residential character in the appeaz•ance, lighting, signs, or in the emission of
noise, fumes, odors, vibrations, or electrical interference. The proposal to
display merchandise on a reQZrlar basis than eg s the appearance of the
residential character e Q the display of merchandise is typical of
commercially approved retail shops.
2. The home occupation shall be conducted entirely in the dwelling, and not
more than twenty five percent (25%) of the gross floor area of said dwelling
shall be used for a home occupation or for storing goods associated with the
home occupation. Materials may be stored in an attached garage or storage
area, provided it shall not reduce the required off street parking below the
standard established for that district. The proposal to conduct the home
occupation within the detached accessory stricture does not meet the
standards in UDC 11-4-3-21.
3. No activity connected to the home occupation or any storage of goods,
materials, or products connected with a home occupation shall be allowed in
any detached accessory structure. The proposal to conduct the home
occupation within the detached accessory structure does not meet the
standards in UDC 11-4-3-21.
Community Development Department . 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642
Phone 208-884-5533 Fax 208-888-6854. www.meridiancity.org
Page 2
4. No retail sales shall be permitted from the dwelling except the sale of: 1)
services or items produced or fabricated on the premises'as a result of the
home occupation; or 2) products secondarily related to the personal service
aspect of the home occupation. Onl iy terns produced and/or fabricated on
the site may be sold as part of your proposed home occupation. The
repaired and/or refurbished merchandise may not be sold as proposed.
With the denial, Mr. White was informed of the option to have four garage sales per year
(MCC 3-4-3) or appeal the decision. Due to some confusion, an appeal was not filed in a
timely manner.
Late this fall, Code Enforcement received a complaint about outdoor display of material
at Mr. White's property and determined that a violation of the AUP provisions of the
UDC existed. Staff met with Mr. White to review his optlons which included: conduct a
garage sale four times a year; cease the activity or re- apply for the AUP with the
knowledge that it would be denied and he could request City Council review of the
decision.
On January 5, 2011, we sent a letter to Mr. White informing him of the UDC provisions
to allow him to re-apply for the AUP. This letter notified Mr. White the AUP would
likely be denied again and suggested that he could request a fee waiver for the AUP and
the Council review.
On December 15, 2011, Mr. White applied for an AUP to operate a home occupation to
repair, restore and sell household and yard items out of his accessory garage (the City
Council waived the fee for this application). I denied that application because the home
occupation does not meet the UDC standards (see above). Mr. White filed a timely
application for City Council review of that decision (the City Council previously waived
the fee for this application).