HomeMy WebLinkAboutVallin Courts Subdivision VAR-06-001
CITY OF MERIDIAN
AMENDED FINDINGS OF FACT,
CONCLUSIONS OF LAW AND
DECISION & ORDER
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In the Matter of Variance request to measure street setbacks from the property line rather
than the back of sidewalk for V allin Courts Subdivision. The following has been amended
to reflect the action of the Meridian City Council on March 21, 2006.
Case No(s). V AR-06-001
For the City Council Hearing Date of: March 21, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 14,2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of March 14,2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March
14, 2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of February 14,2006 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. 967-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S
II-SA.
CITY OF MERIDIAN AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-06-007- PAGE 10f3
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if proposal is allowed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description and the all in the attached findings
in the Staff Report for the hearing date of March 14, 2006 incorporated by reference.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code S 11-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Variance Request to measure street setbacks from the property line
rather than the back of sidewalk for Vallin Courts Subdivision is hereby approved.
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use pennit entitles the Owner to 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.
2. Please take notice that this is a final action of the governing body ofthe City of
Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use pennit approval 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.
E. Attached: Staff Report for the hearing date of March 14,2006
CITY OF MERIDIAN AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-06-007- PAGE 2 00
By action of the City Council at its regular meeting held on the :J \ S*
lYlQ ~ ,2006.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED '1 0..
COUNCIL MEMBER JOE BORTON
VOTED \~' lL
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
COUNCIL MEMBER KEITH BIRD
VOTED~
-
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
SIAL
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Copy served upon Applicant, The Planri'iflg,<;b,...n ~~'Public Works Department and City
'M~
Attest:
Attorney.
By, 1.l\ (l tn.A 1\ 0 ~ t-J
City Clerk
Dated: "l..\ 0 "04
CITY OF MERIDIAN AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). VAR-06-007- PAGE 3 00