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Floyd, Christina CUP 02-003BEFORE THE MERIDIAN CITY COUNCIL C/C 04/16/02 IN THE MATTER OF THE REQUEST ) FOR CONDITIONAL USE PERMIT FOR ) CHRISTINA FLOYD FOR A GROUP ) CHILD CARE HOME FOR ) APPROXIMATELY 7 CHILDREN IN AN ) R-8 ZONE, LOCATED AT 567 EAST ) BROWN BEAR STREET, MERIDIAN, ) IDAHO ) BY CHRISTIAN FLOYD ) ) CUP-02-003 ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on the 16th day of April, 2002, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 6:30 o'clock p.m., and the Council having received the record of this matter from the Planning and Zoning Commission including the Planning and Zoning Commission's Recommendation to City Council, and David McYdnnon Planner II for the Planning and Zoning Department, and Christina Floyd, appeared and testified, and the Council having duly considered the matter makes the following Findings of Fact and Conclusions of Law and Decision and Order. ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT / BY CHRISTINA FLOYD (CUP-02-003) FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances. codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, and Maps. 2. 1993, Ordinance #629 - January 4, 1994 Staff has complied with the requirements of I.C. § 67-6509 and 67- 6512 and §fi 11-2-416 E and 11-2-418 E. 3. The Council does for purposes of this dismissal Order, deny the Conditional Use Permit application as this Conditional Use Permit application is not required by the City of Meridian for the number of children the applicant is currently requesting, as five children, not including applicant's own, are allowed with the applicant's Accessory Use Permit. ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT / BY CHRISTINA FLOYD (CUP-02-003) 2 ORDER OF DISMISSAL OF APPLICATION NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE APPEARING, and specifically due to the fact that this Conditional Use Permit application is not required by the City of Meridian for the number of children the applicant is currently requesting, as five children, not including applicant's own, are allowed with the applicant's Accessory Use Permit. Additionally, the City of Meridian shall reimburse the applicant for her filing fees for the Conditional Use Permit application; and therefore this application is therefore dismissed. The City Council of the City of Meridian hereby adopts and approves this Decision and Order of Denial. DECISION OF DENIAL ROLL CALL: COUNCILMAN BIRD COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS VOTED VOTED VOTED ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT / BY CHRISTINA FLOYD (CUP-02-003) COUNCILMAN NARY VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~--'- 7''''O ~ VOTED MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. City Clerk IIIIItll Z:\WorkLM'xMeridian~eridian 15360M~Floyd Christina CUP02-003~FFCLOrdCUPDenial.doc ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT / BY CHRISTINA FLOYD (CUP-02-003) 4