HomeMy WebLinkAboutCherry Crossing Subdivision MI-04-010
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION TO AMEND THE
PREVIOUSLY APPROVED HOURS
OF OPERATION FOR PROPERTY
LOCATED ON THE NORTHWEST
CORNER OF LINDER ROAD AND
CHERRY LANE
BY: ROBNETT CONSTRUCTION,
INC.
APPLICANT
C/C 10/05/04
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CASE NO. MI-04-010
FINDINGS OF FACT
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPROVAL OF
MISCELLANEOUS APPLICATION
This matter coming before the City Council on October 5, 2004 at the Meridian City
Hall located at 33 East Idaho, for Miscellaneous Application approval to amend the previously
approved hours of operation for a parcel located near the northwest comer of Linder Road and
Cherry Lane for Robnett Construction, Inc., and the Council finding that the Administrative Review
is complete trom Craig Hood, Associate City Planner, for the Planning and Zoning Department,
dated: October 5, 2004 to the Mayor and City Council; Mike Robnett appeared and testified, and the
Council having received testimony as part of the record of this matter, and the applicant having
submitted his application for a request to amendment the hours of operation for this site, and which
application is herein received and adjudged by the City Council pursuant to Meridian City Code § 8-
ORDER OF APPROVAL OF MISCELLANEOUS APPLICATION TO AMEND THE PREVIOUSLY
APPROVED HOURS OF OPERATION FOR PROPERTY LOCATED ON THE NORTHWEST
CORNER OF LINDER ROAD AND CHERRY LANE FOR ROBNETT CONSTRUCTION, INC. (MI-
04-010)
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2-5, and being fully advised in the premises does hereby make the following Findings of Fact and
Conclusions of Law and Order of Decision, as follows:
FINDINGS OF FACT
1.
The property is generally located north of Cherry Lane and west of Linder Road,
within Cherry Crossing Subdivision, Meridian, Idaho.
2.
The applicant of the subject property is Robnett Construction, Inc.
3.
The owner of the subject property is Boise Surplus 2002, LLC, and Gary Hawkins
who is a registered agent for Boise Surplus 2002, LLC, has submitted consent for the subject
application.
4.
The location of the subject property is presently located in a C-N zone.
5.
The legal description ofthe property is on file in the City Clerk's office which is
located at 33 East Idaho Street, Meridian, Idaho.
The applicant, Robnett Construction, Inc., has requested modification to the previously approved
hours of operation for a recorded lot within Cherry Crossing Subdivision located on the north side of
Cherry Lane, west of Linder Road, in a C- N zone. The applicant is proposing to amend the hours of
operation trom 6 am to 10 pm, seven days a week for the subject property, Lot I, Block I, Cherry
Crossing Subdivision No.2.
CONCLUSIONS OF LAW
1.
Approval of this request to allow an amendment to the previously approved hours
ORDER OF APPROVAL OF MISCELLANEOUS APPLICATION TO AMEND THE PREVIOUSLY
APPROVED HOURS OF OPERATION FOR PROPERTY LOCATED ON THE NORTHWEST
CORNER OF LINDER ROAD AND CHERRY LANE FOR ROBNETT CONSTRUCTION, INc. (MI-
04-010)
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of operation for Lot I, Block I, Cherry Crossing Subdivision No.2, is based upon the
information provided by the applicant, staff comments and testimony at the public hearing on
October 5, 2004, and which subject property is located north of Cherry Lane and west of Linder
Road, Meridian, Idaho.
IT IS HEREBY ORDERED THAT:
1.
The subject application by Robnett Construction, Inc., is approved as requested and
the operating hours be ITom 6 am to IO pm, seven days a week for Lot I, Block I,
Cherry Crossing Subdivision No.2.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the City
Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A
request for a regulatory takings analysis will toll the time period within which a Petition for Judicial
Review may be filed.
PIease take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-652 I. An affected person being a person who has an interest
in real property which may be adversely affected by this decision may, within twenty-eight (28) days
after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
ORDER OF APPROVAL OF MISCELLANEOUS APPLICATION TO AMEND THE PREVIOUSLY
APPROVED HOURS OF OPERATION FOR PROPERTY LOCATED ON THE NORTHWEST
CORNER OF LINDER ROAD AND CHERRY LANE FOR ROBNETT CONSTRUCTION, INC. (MI-
04-010)
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(lr /iJ Jt~Y acti~~~~4~e City Council at its regular meeting held on the ! '1 ~ay of
ROLL CALL
COUNCILMAN SHAUN WARDLE
VOTED EXCUSED
- -
COUNCILMAN CHARLIE ROUNTREE
VOTED$~
VOTEDþ
COUNCILMAN KEITH BIRD
MAYOR TAMMY deWEERD
(TIE BREAKER)
VOTED
-
Attest:
BY:.)u.£L J\tu ~~
City Clerk's Office
Dated:
IO-d5-Of
ORDER OF APPROVAL OF MISCELLANEOUS APPLICATION TO AMEND THE PREVIOUSLY
APPROVED HOURS OF OPERATION FOR PROPERTY LOCATED ON THE NORTHWEST
CORNER OF LINDER ROAD AND CHERRY LANE FOR ROBNETT CONSTRUCTION, INC. (MI-
04-010)
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