HomeMy WebLinkAboutScottsdale Sub CUP 02-013
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST )
FOR CONDITIONAL USE PERMIT FOR )
4-PLEX UNITS IN AN L-O ZONE FOR )
PROPOSED SCOTTSDALE SUBDIVISION, )
LOCATED AT LOTS 4 AND 5, BLOCK 2 OF )
SCOTTSDALE SUBDIVISION, W. ALDEN )
DRIVE, MERIDIAN, IDAHO )
)
)
)
)
BY: C.W. CONSTRUTION, INC.
APPLICANT.
CIC 08/20/02
CUP-02-013
ORDER OF DENIAL
OF APPLICATION FOR
CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before the City
Council on August 20, 2002, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at
the hour of 6:30 0' 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 McKinnon, Planner II for the Planning and Zoning
Department, Mike McCarthy, Richard Breinholt, David Beamon, Steve Cloyd, and Joseph
Doherty, 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
I. The City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Title II Municipal Code of the City of Meridian and all
ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT BY C.W. CONSTRUCTION, me.
SCOTTSDALE SUBDIVISION 1 (CUP-02-013)
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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. Staff has complied with the requirements ofLC. SS 67-6509 and 67-
6512 and SS 11-2-416 E and 11-2-418 E.
3. The property is located at Lots 4 and 5, Block 2 of Scottsdale Subdivision, W.
Alden Drive, Meridian, Idaho
4. The owner of record of the subject property is Richard Breinholt, 1976 Star Lane,
Meridian, Idaho.
5. Applicant is C.W. Construction, Inc., 1500 W. Barrett Drive, Meridian, Idaho.
6. The subject property is currently zoned L-O. The zoning district ofL-O is
defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
7. The applicant requests the conditional use permit for the construction of four (4)
multi-family units (4-plexes) on 1.08 acres. The units would be two story units. The L-O zoning
designation within the City of Meridian Zoning and Development Ordinance requires a
conditional use permit be obtained for most uses including those requested by the Applicant.
(Meridian City Zoning and Development Ordinance, Section 11-8-1).
8. The Meridian City Council recognizes that the proposed application is in
compliance with the Meridian Comprehensive Plan.
9. The use proposed which is the subject of this will, in fact, constitute a conditional
use as determined by City Ordinance.
10. The City Council recognizes the concerns of Wendel Bigham of Joint School
ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT BY e.W. CONSTRUCTION, INC.
SCOTTSDALE SUBDIVISION 1 (CUP-02-013)
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District No.2 in his letter of April 29, 2002, and of petitioners in a petition of May 22, 2002.
II. The neighbors in the adjacent single family residential subdivision believe that
the proposed development would not constitute a compatible transition between their property
and the existing L-O zone.
CONCLUSIONS OF LAW
I. Pursuant to testimony at the public hearing, and the conclusion of the City
Council, the proposed Scottsdale Subdivision to consist of two-story buildings would not be
harmonious with the adjacent neighbors, and it would be an incompatible transition from single-
family housing into the Limited Office (L-O) zone, and therefore the application should be
denied.
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.
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Dated this .;; ~ day of
~~~
,2002.
ROLL CALL:
COUNCILMAN KEITH BIRD
VOTED1a.....--
ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT BY C.W. CONSTRUCTION, INC.
SCOTTSDALE SUBDIVISION 1 (CUP-02-013)
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COUNCILWOMAN TAMMY deWEERD
VOTED ~
VOTED ~
VOTED ~
COUNCIL WOMAN CHERIE McCANDLESS
COUNCILMAN WM. L. M. NARY
-
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: q~3-cJ2.-
VOTED
MOTION:
APPROVED:
jJd,
~
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and the City Attorney.
By:dk~~~9-
City Clerk .
Dated:
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ORDER OF DENIAL OF APPLICATION FOR
CONDITIONAL USE PERMIT BY C.W. CONSTRUCTION, INC.
SCOTTSDALE SUBDIVISION 1 (CUP-02-013)
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