HomeMy WebLinkAboutBlumac's CUP 02-011BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST
FOR CONDITIONAL USE PERMIT FOR
A SPORTS BAR IN AN O-T ZONE,
LOCATED AT 706 E. MAIN, MERIDIAN,
IDAHO
BY: MICHAEL McGUINNESS
APPLICANT.
C/C 07/02/02
Revised 07/17/02
CUP-02-011
ORDER OF DENIAL
OF APPLICATION FOR
CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before the City
Council on July 2, 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 Shari Stiles, Planning and Zoning Administrator, and
Mike McGuinness, Dolores Lisby, Art Ortman, Linda Rupe, Terry P. Smith, Fred Knehans,
Chief Mike Worley, and Sgt. Steve Bradley, appeared and testified, and Council additionally
recognizes the letters of concern from Carol Jetton dated July 1, 2002 and Stephen T. Sherer
dated June 4, 2002, of which both are on file in the City Clerk's office, and the Council having
duly considered the matter makes the following Findings of Fact and Conclusions of Law and
Decision and Order.
ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT BY MICHAEL McGUINNESS
BLUMACS SPORTS BAR / (CUP-02-011)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. The City Council takes judicial notice of its Zoning, Subdivision 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, 1993, Ordinance #629, January 4, 1994 and Maps.
2. Staffhas complied with the requirements of I.C. §§ 67-6509 and 67-
6512 and §§ 11-2-416 E and 11-2-418 E.
3. The proposed location for the applicant's business is in a city block which already
has three other bars serving alcoholic beverages.
The proposed use would be a sports bar. The applicant would not be operating a
restaurant.
5.
Business owners near the location of the proposed use have experienced
secondary effects from the existing alcoholic beverage establishments, including, but not limited
to: vandalism, public urination, litter, and trespass.
6. More likely than not, a fourth alcoholic beverage establishment in that block
would increase the problems cited in Finding number Five above.
7. The proposed use would not be compatible with neighboring businesses.
8. The proposed use is within 300 feet ora church.
9. There exists no compelling reason to allow the proposed use within 300 feet of a
church (Idaho Code 23-913).
10. The applicant would not be able to mitigate the negative secondary effects that
ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT BY MICHAEL McGUINNESS
BLUMACS SPORTS BAR / (CUP-02-011)
would occur by adding a fourth alcoholic beverage establishment to this block.
The proposed use would be disturbing to existing neighboring uses. MCC 11-17-
11.
3D.
ORDER OF DENIAL OF APPLICATION
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE APPEARING, the above
named applicant is denied the requested conditional use permit.
The City Council of the City of Meridian hereby adopts and approves this
Decision and Order of Denial.
Dated this /~"~ day of
ROLL CALL:
COUNCILMAN KEITH BIRD
,2002.
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
COUNCILMAN WM. L. M. NARY
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED:
VOTED
MOTION: ~
APPROVED:!
DISAPPROVED:
ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT BY MICHAEL McGUINNESS
BLUMACS SPORTS BAR / (CUP-02-011)
VOTED
VOTED
VOTED
VOTED
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and the City Attorney.
Z:\Work~vI\Meridian\Meridian 15360M~Blumacs Sports Bar CUP02-011 Denial\FFCLOrdCUPDenial0201 l.doc
ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT BY MICHAEL McGUINNESS
BLUMACS SPORTS BAR / (CUP-02-011)
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