Palmer, Joe AP-12-002 CZCV-12-006BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR REVIEW OF
DENIAL OF CERTIFICATE OF
ZONING COMPLIANCE
VERIFICATION FOR A RESIDENCE
LOCATED IN A RETAIL STORE,
Case No. CZCV 12-006
FINDINGS OF FACT,
CONCLUSIONS OF LAW,
DECISION, AND ORDER
AFFIRMING DENIAL
JOE AND LESLIE PALMER,
APPLICANTS.
The above entitled matter of the Director's denial of Joe and Leslie Palmer's Application
for a Certificate of Zoning Compliance verification (application no. CZCV 12-006) for a
residence in a retail store, came before City Council for public hearing on June 5, 2012, at the
hour of 7:00 p.m. at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. Meridian
Community Development Department/Planning Division Manager Pete Friedman and Becky
McKay, representative for Mr. and Mrs. Palmer, appeared and testified. The City Council,
having duly considered the evidence and the record in this matter therefor, hereby make and
eriter the following findings of fact, conclusions of law, and decision and order:
I. FINDINGS OF FACT
A. Joe and Leslie Palmer are the current owners of property located at 1524 N.
Meridian Road, Meridian, Idaho, Ada County, parcel no. 86129020690 ("subject property").
B. The subject property is located within a commercial zoning district (C-C).
C. The subject property is certified for occupancy as a mercantile (Group M
occupancy).
D. On March 26, 2012, the Applicants submitted an application for a certificate of
zoning compliance verification for a residential dwelling unit in a retail store, i. e. Cherry's
Consignment & Home Furnishings (application no. CZCV 12-006).
E. By letter dated March 28, 2012, then Interim Planning Director Pete Friedman
denied application no. CZCV 12-006.
F. On April 10, 2012, the Applicants requested City Council review of the Director's
denial of application no. CZCV 12-006.
G. A public hearing on the City Council's review of the Director's denial of
application no. CZCV 12-006 was duly noticed and scheduled for May 1, 2012. At Applicants'
FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION, ORDER OF DENIAL
PALMER-Application no. CZCV-12-006 PAGE 1 OF 3
request, the hearing was postponed, and reset for May 22, 2012, on which date, at Applicants'
request, the hearing was again postponed, and reset for June 5, 2012.
H. The public hearing on the City Council's review of the Director's denial of
application no. CZCV 12-006 was duly noticed and the matter was heard by City Council on
June 5, 2012.
II. CONCLUSIONS OF LAW
A. The City Council of the City of Meridian is authorized to exercise the powers
conferred upon it by the Local Land Use Planning Act, Title 67, Idaho Code, Chapter 65.
B. In reviewing the Director's denial of application no. CZCV 12-006, the City
Council shall follow the procedure listed in Idaho Code § 67-6535 and Meridian City Code
section 11-SB-1.
C. Pursuant to Meridian City Code section 11-SA-6(C), the standard of review for
City Council's review of the Director's denial of application no. CZCV 12-006 is a de novo
review.
D. A residential dwelling unit in a commercial zoning district is a violation of
Meridian City Code section 11-2B-2(C).
E. Residential occupancy of a building classified for mercantile occupation is a
violation of International Building Code sections 111.1 and 114.1, as incorpolated into Meridian
City Code by Meridian City Code section 10-1-1.
III. DECISION
A. Pursuant to Meridian City Code section 11-SB-1(C)(1), no certificate of zoning
compliance may issue for any use on a property in violation of the Meridian Unified
Development Code (Title 11, Meridian City Code).
B. For this reason, the Director's denial of a certificate of zoning compliance
verification for a residential dwelling unit at 1524 N. Meridian Road was appropriate.
IV. ORDER
NOW, THEREFORE, based upon these findings of fact and conclusions of law, the City
Council does hereby order:
A. That Applicants' request for reversal of the Director's denial of application no.
CZCV 12-006 is denied.
B. That the Building Official is directed to issue to Applicants a First Amended
Notice of Violation and Order to Abate the outstanding violations of International Building Code
FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION, ORDER OF DENIAL
PALMER-Application no. CZCV-12-006 PAGE 2 OF 3
sections 111.1 and 114.1, as incorporated into Meridian City Code by Meridian City Code
section 10-1-1, which abatement shall be fully completed as ordered by the Building Official by
5:00 p.m. on Friday, August 3, 2012.
C. That the Meridian Police Department, Code Enforcement Division, is directed to
issue to Applicants a First Amended Notice of Violation and Order to Abate the outstanding
violations of Meridian Unified Development Code section 11-2B-2(C), which abatement shall be
fully completed as ordered by the Code Enforcement Officer by 5:00 p.m. on Friday, January 3,
2014, so long as Applicants fully complete abatement of the International Building Code
violations, as ordered by the Building Official, by 5:00 p.m. on Friday, August 3, 2012.
D. That if Applicants do not fully complete abatement of the International Building
Code violations, as ordered by the Building Official, by 5:00 p.m. on Friday, August 3, 2012,
the Meridian Police Department, Code Enforcement Division, is directed to issue to Applicants a
Second Amended Notice of Violation and Order to Abate the outstanding violations of Meridian
Unified Development Code section 11-2B-2(C), which abatement shall be fully completed as
ordered by the Code Enfar•cement Officer by 5:00 p.m. on Friday, August 10, 2012.
PASSED by the City Council of the City of Meridian, Idaho, this ~ P day of June,
2012.
APPROVED by the Mayor of the City of Meridian, Idaho, this day of June, 2012.
APPROVED:
Tammy
ATTEST:
~ayce,:~Holman
City Clerk
.~
FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION, ORDER OF DENIAL
PALMER-Application no. CZCV-12-006 PAGE 3 OF 3