HomeMy WebLinkAboutCustom Pools & Patio MI-05-002
BEFORE TIlE MERIDIAN CITY COUNCIL
C/C April 19, 2005
~
IN THE MATTER OF THE
APPLICATION FOR
MISCELLANEOUS APPLICATION
FOR CUSTOM POOLS AND PATIO
FOR TEMPORARY DISPLAY AND
SALE OF JACUZZI MODELS AND
ONE (1) ABOVE GROUND POOL
FOR THE MONTHS APRIL TO
OCTOBER LOCATED AT 322
SOUTH MAIN
CASE NO. MI-05-002
ORDER OF DENIAL OF
MISCELLANEOUS APPLICATION
This matter coming before the City Council for Miscellaneous Application denial
pursuant to Meridian City Code § 12-3- I. B for a temporary use to display and sell Jacuzzi models
and one (I) above ground pool for the months April to October by Custom Pools and Patio, and the
Council finding that the Administrative Review is complete ftom Sonya Allen, Assistant City
Planner, for the Planning and Zoning Department, dated: Hearing Date: April 19, 2005 to the Mayor
and Council, the council takes the following action:
IT IS HEREBY ORDERED THAT:
In the exercise ifits police and governing powers, the City Council of the City of
Meridian denies the subject application by Custom Pools and Patio for the following reasons:
ORDER OF DENIAL OF MISCELLANEOUS APPLICATION FOR TEMPORARY DISPLAY AND
SALE OF JACUZZI MODELS AND ONE (I) ABOVE GROUND POOL FOR THE MONTHS APRIL
TO OCTOBER BY CUSTOM POOLS AND PA no (MI-O5-002)
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1. The size ofthe use, the large tent, and the required parking all conflict with the
multitude of uses that take place on and adjacent to the subject site. The proposal would add
unacceptable additional congestion to the area, negatively impacting existing uses and traffic
safety.
2. The proposed duration of the use exceeds the expectations of what a temporary
use should be and more closely resembles a permanent use that is not appropriate for review
under a miscellaneous application.
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.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuantto Idaho Code § 67-6521. 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 ajudicial review as provided by Chapter 52, Title 67,
Idaho Code.
ORDER OF DENIAL OF MISCELLANEOUS APPLICATION FOR TEMPORARY DISPLAY AND
SALE OF JACUZZI MODELS AND ONE (1) ABOVE GROUND POOL FOR THE MONTHS APRIL
TO OCTOBER BY CUSTOM POOLS AND PATIO (MI-O5-002)
Page 2 of3
By action of the City Council at its regular meeting held on the
100th
day
of
~r\ \
,2005.
Copy served upon Applicant, the Plann
City Attorney.
ent, Public Works Department, and
BY;~
Dated: lD -\~-{)5
ORDER OF DENIAL OF MISCELLANEOUS APPLICATION FOR TEMPORARY DISPLAY AND
SALE OF JACUZZI MODELS AND ONE (1) ABOVE GROUND POOL FOR THE MONTHS APRIL
TO OCTOBER BY CUSTOM POOLS AND PATIO (MI-05-002)
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