Z - Request for Reconsideration (Perison)M A R K D. P E R I S O N, P.A.
ATTORNEY AT LAW
P.O. Box 6575 • Boise ID 83707 • 314 S. 9th Street, Ste. 300 • Boise ID 83702
office 208.331.1200 fax 208.343.5838 website www.markperison.com
REQUEST FOR RECONSIDERATION
December 18, 2018
VIA EMAIL: cityclerk@meridiancity.org
City of Meridian
City Council
33 E. Broadway Avenue
Meridian, ID 83642
Re: Timber Creek Recycling Application to Amend
H-2018-0042 MDS
Dear Mayor de Weerd and City Council Members,
On behalf of Barbara J. Miller and the principals of Miller Acres, LLC, an
affected person as defined by Idaho Code, and pursuant to Title 1, Chapter 7,
Section 10 of the Meridian City Code I hereby request reconsideration of the
Council’s decision announced September 18, 2018, and finalized on December 4,
2018, approving the request for amendment to a development agreement.
The specific reasons for the request to reconsider are as follows:
1. The Council is not permitted by Unified Development Code of the City
of Meridian (the “Development Code”) to allow the expansion of a non-conforming
use unless “approved subject to a conditional use permit.” Development Code §11-
1B-1.
2. The Council is permitted to allow an extension of a non-conforming use
to occupy additional land “only through the approval of a conditional use permit.”
Development Code §11-1B-4.A.2.
3. The existing and proposed uses under the application are industrial uses
as defined by the Development Code §11-1A-1 and as determined by the City’s
Planning Director.
CITY OF MERIDIAN
DECEMBER 18, 2018
PAGE 2
P.O. Box 6575 • Boise ID 83707 • 314 S. 9th Street, Ste. 300 • Boise ID 83702
office 208.331.1200 fax 208.343.5838 website www.markperison.com
4. The industrial use of the property in a residentially zoned area is
prohibited by Development Code §11-2A-2(C).
5. For the reasons stated in any other request for reconsideration, which
are incorporated herein by reference.
Thank you.
Sincerely,
Mark D. Perison
MDP/
cc: client