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Richard Handke MI BEFORE THE MERIDIAN CITY COUNCIL C/C May 10, 2005 IN THE MATTER OF THE APPLICATION OF RICHARD HANDKE FOR MISCELLANEOUS APPROVAL TO TEMPORARILY OPERATE A FRUIT AND VEGT ABLE STAND AND A FIREWORKS STAND IN A CoG ZONE LOCATED AT 97 MAIN STREET. CASE NO. MI-05-003 ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION This matter coming before the City Council for Miscellaneous Application approval pursuant to Meridian City Code § 12-3- I. B for miscellaneous approval for Richard Handke, and the Council finding that the Administrative Review is complete from Joseph Guenther, Associate City Plarmer, for the Plarming and Zoning Department, dated: Hearing Date: May 10, 2005 to the Mayor and Council, the council takes the following action: IT IS HEREBY ORDERED THAT: 1. The subject application by Richard Handke, is approved subject to those conditions of Staff comments as set forth in the memorandum to the Mayor and City Council, from Joseph Guenther, Associate City Plarmer, for the ORDER OF CONDITIONAL APPROVAL OF A MISCELLANEOUS APPLICATION TO TEMPORARILY OPERATE A FRUIT AND VEGTABLE STAND IN A C-G ZONE BY RICHARD HANDKE (MI-O5-003) Pagelof3 Planning and Zoning Department, dated: Hearing Date: May 10, 2005 listing 12 Conditions of Approval, a true and correct of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the comments from the Meridian Fire Department, a true and correct copy of which is attached hereto marked Exhibit "B", and consisting of I page, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their May 10, 2005 meeting as follows, to-wit; 1.1 Adopt the action ofthe Council taken at their May 10, 2005 meeting: The approved hours of operation as stated: 10:00 am to 7:00 pm, Monday through Saturday and II :00 am to 5 :00 pm on Sunday. The temporary use is approved through November 1,2005. 2. The Record of Survey (ROS) upon which there is contained the certificate and signature of the City Engineer verifying that the drawing meets the City's requirements shall be signed only at such time as: 1. The ROS dimensions are approved by the City Engineer and; 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION ORDER OF CONDITIONAL APPROVAL OF A MISCELLANEOUS APPLICATION TO TEMPORARILY OPERATE A FRUIT AND VEGTABLE STAND IN A C-G ZONE BY RICHARD HANDKE (MI-O5-003) Page2of3 AND RIGHT TO REGULA TORY 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, pursuant to 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 ofthis decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the I Otl-- day of ~~ ,2005. Dated: LIH3-Q5 ORDER OF CONDmONAL APPROVAL OF A MISCELLANEOUS APPLICATION TO TEMPORARILY OPERATE A FRUIT AND VEGTABLE STAND IN A CoG ZONE BY RICHARD HANDKE (MI-O5-003) Page 3 00